Philippine Bar review · Question

Practice question: Over the Parties

Multiple Choice Medium

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?
  1. Yes; suing automatically submits every defendant.
  2. Yes; the plaintiff can waive the defendant’s rights unilaterally.
  3. Yes; a complaint’s existence substitutes for every required process.
  4. Yes; the defendant is deemed to have signed the complaint.
  5. 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

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