2023 Remedial Law, Q5

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.

Quick check

Was the RTC's August 27, 2020 Order directing service of summons by publication proper?

Under Section 17, Rule 14 of the Rules of Court, what is required when summons is served by publication on a non-resident defendant?

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?

In a petition for declaration of nullity of marriage against a non-resident spouse, what type of action is involved?

Why does the law require complementary mailing in addition to newspaper publication for extraterritorial service?

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.

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