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Philippine Bar review · Question

Practice question: Over the Parties

Multiple Choice Medium

Practice question

A defendant in an in personam civil action voluntarily submits to the court without contesting personal jurisdiction, despite a defect in summons. Can the defect alone establish that personal jurisdiction is necessarily absent?
  1. Yes; voluntary appearance is legally irrelevant.
  2. Yes; every defect is forever incurable.
  3. Yes; only the plaintiff can submit.
  4. No; voluntary appearance is equivalent to service under Rule 14, Section 23.
  5. Yes; only personal hand delivery can ever confer jurisdiction.

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Current Rule 14, Section 23; Rule 8, Section 12.

Answer this question in flashcards to review your response and continue practicing.