Anjan and Pam were married in 1996. However, in November 2003, Pam left for the United States (US) due to her alleged irreconcilable differences with Anjan. In 2020, Anjan filed a petition for the declaration of nullity of his marriage with Pam before the Regional Trial Court (RTC) of Makati City, where he resides. Subsequently, Anjan filed a motion for issuance of summons by publication because Pam already resided abroad. The RTC issued an Order dated August 27, 2020 granting the motion and directed the summons to be served upon Pam by publication in a newspaper of general circulation in the US. However, the copies of the order, summons, and complaint were not served at her last known address. Meanwhile, no answer was filed by Pam. Thus, the RTC rendered a decision granting the petition, which eventually became final and executory. Was the August 27, 2020 Order of the RTC proper? Explain your answer.
Suggested answer only. Not an official answer and not legal advice.
No, the August 27, 2020 Order of the RTC was not proper.
Under Section 17, Rule 14 of the Rules of Court, extraterritorial service of summons by publication must be accompanied by sending a copy of the summons and order by registered mail to the defendant's last known address. Strict compliance with this complementary mailing requirement is mandatory, and failure to observe it is a fatal defect.
Here, although the RTC directed service of summons by publication in a US newspaper, copies of the order, summons, and complaint were not sent to Pam's last known address. Omitting the required complementary mailing rendered the extraterritorial service fatally defective, preventing the RTC from validly proceeding with the case.
Therefore, the August 27, 2020 Order of the RTC was improper.
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Quick check
Was the RTC's August 27, 2020 Order directing service of summons by publication proper?
Extraterritorial service by publication requires sending copies of the summons and order by registered mail to the defendant's last known address.
Under Section 17, Rule 14 of the Rules of Court, what is required when summons is served by publication on a non-resident defendant?
Section 17, Rule 14 mandates that service by publication must be accompanied by registered mailing to the defendant's last known address.
What is the legal effect of failing to send copies of the summons and court order to the non-resident defendant's last known address?
Omission of the mandatory complementary mailing requirement is a fatal defect that violates procedural due process.
In a petition for declaration of nullity of marriage against a non-resident spouse, what type of action is involved?
A petition for declaration of nullity affects personal status and is classified as an action in rem or quasi in rem.
Why does the law require complementary mailing in addition to newspaper publication for extraterritorial service?
Complementary mailing ensures fair and actual notice to satisfy the constitutional requirement of procedural due process.
Learn more about these topics
1. Extraterritorial Service Requirements
Under Section 17, Rule 14 of the Rules of Court, when the defendant does not reside and is not found in the Philippines and the action affects the personal status of the plaintiff, service of summons may, by leave of court, be effected out of the Philippines by publication in a newspaper of general circulation. However, publication alone is insufficient. Section 17 explicitly requires that a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant. Strict compliance with both publication and mailing is mandatory.
2. Complementary Mailing Duty
The requirement of sending copies of the summons, court order, and complaint by registered mail to the defendant's last known address is a mandatory complementary requirement to publication. Publication without mailing, or mailing without publication, constitutes a fatal procedural defect. The purpose of this rule is to satisfy the fundamental requirements of procedural due process by giving the non-resident defendant actual or fair notice of the pending action against them. Without strict adherence to this complementary mailing requirement, the trial court fails to acquire jurisdiction over the person or status.
3. Service in In Rem Actions
In actions in rem or quasi in rem, such as a petition for declaration of nullity of marriage, jurisdiction over the person of the defendant is not strictly required to render a valid judgment affecting the status. However, compliance with the prescribed rules on extraterritorial service of summons remains essential to satisfy the constitutional requirement of procedural due process. If the court fails to strictly observe the mandatory statutory steps for extraterritorial service, any judgment rendered in the case is null and void for lack of due process.