Practice question
The plaintiff properly files a complaint. The defendant has neither valid service nor voluntary submission in an in personam action. Does the plaintiff’s own submission alone establish jurisdiction over the defendant?
- Yes; suing automatically submits every defendant.
- Yes; the plaintiff can waive the defendant’s rights unilaterally.
- Yes; a complaint’s existence substitutes for every required process.
- Yes; the defendant is deemed to have signed the complaint.
- No; the defendant’s personal-jurisdiction basis must be established separately.
Legal references
- Guy v. Gacott, G.R. No. 206147, January 13, 2016, main decision, plaintiff submission and nonparty partner: https://lawphil.net/judjuris/juri2016/jan2016/gr_206147_2016.html
- 2019 Amendments to Civil Procedure, Rule 14 Section 23 and Rule 8 Section 12, current personal-jurisdiction framework: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.