Defective Summons: When Improper Service Nullifies Court Jurisdiction

A court cannot decide a case against a defendant it never obtained jurisdiction over. In Interlink Movie Houses, Inc. v. Court of Appeals (G.R. No. 203298, January 17, 2018), the Supreme Court reaffirmed a basic but frequently overlooked rule: serving summons on the wrong person—even someone inside the corporate office—is defective service, and any judgment that follows is void.

The case is a useful reminder for litigants and sheriffs alike: strict compliance with the Rules of Court on service of summons is not a technicality. It is the foundation of the court's power to bind a defendant.

The Facts of the Case

Interlink Movie Houses, Inc. sued Expressions Stationery Shop, Inc. and its president, Joseph Lim Bon Huan, for unpaid rentals and damages. The RTC sheriff attempted to serve summons twice.

The first attempt: the sheriff handed the summons to a certain Jonalyn Liwanan at the office of the company president, who undertook to forward the documents. The RTC found this defective and ordered a new service.

The second attempt: the sheriff served the summons on a certain Amee Ochotorina, who introduced herself as one of the president's secretaries. The sheriff insisted on personal service on Bon Huan, but Ochotorina refused, saying he was busy. The RTC then declared the defendants in default and allowed Interlink to present evidence ex parte, resulting in a judgment against them.

The Court of Appeals nullified the RTC decision, ruling that the second service was still defective. The Supreme Court affirmed.

The Issue

Whether the trial court acquired jurisdiction over the respondents through the second service of summons, or through their filing of an omnibus motion to recall the default order.

The Ruling: Strict Compliance with Section 11, Rule 14

The Supreme Court held that the second service of summons was void. For domestic corporations, Section 11, Rule 14 of the Rules of Court provides an exclusive list of officers on whom service may be made: the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel.

Ochotorina was merely a secretary to the president—not among those enumerated. Service on her was therefore invalid, and the court acquired no jurisdiction over the corporation.

The Court also rejected the argument that the service could be treated as substituted service. Substituted service is allowed only when personal service is impossible within a reasonable time. The sheriff must show at least three attempts, preferably on two different dates, before resorting to it. Here, the sheriff tried only once and failed to explain why personal service was ineffectual.

No Voluntary Submission to Jurisdiction

The respondents had filed an omnibus motion to recall the default order. Generally, seeking affirmative relief amounts to voluntary submission to the court's jurisdiction. But the Court recognized an exception: a special appearance to challenge jurisdiction does not constitute submission, provided the objection is explicit and unequivocal.

Because the respondents expressly stated they were appearing specially and objected to the court's jurisdiction on the ground of invalid service, they did not waive their defense. The proceedings against them were void.

Practical Takeaways

• Know the exclusive list. For a domestic corporation, summons must be served on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel. A secretary, assistant, or receptionist does not qualify.
• Substituted service has strict requirements. A sheriff must make at least three attempts at personal service, preferably on two different dates, and must explain why those attempts failed. One attempt will not do.
• A defective summons is fatal. If service is invalid, the court never acquires jurisdiction over the defendant, and any judgment rendered is null and void—even if the defendant later learns of the case.
• Special appearance preserves defenses. A defendant who appears solely to challenge jurisdiction, and says so explicitly, does not waive the defense by filing motions.
• Check the sheriff's return carefully. Litigants should review the return for the recipient's identity and the number of service attempts before proceeding to default.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.