You are on page 1of 2

REACTION PAPER

Civil Procedure
Hon. Judge Ma. Theresa Aban-Camannong

Date and Place of Court Visit:


March 1, 2018
Branch 8, Regional Trial Court

I. Introduction
“Experience is the best teacher.” Cliché as may seem but it is one of the famous maxims about
learning that, without a doubt, rings true. It is probably because experiencing a thing gives life to the
words, phrases and languages we read and concretizes the theories and concepts we learn inside the four
corners of our classroom; it somehow paints the picture of what is set out by our books. Civil procedure
is indeed, one of the subjects that we would appreciate more by letting us immerse into courtrooms and
be able to observe first-hand how such procedural rules of court are actually carried out. In lieu with
this, last Tuesday, March 1, 2018 we went to the Regional Trial Court of the 10th Judicial Region, Branch
8 of Malaybalay City to observe how the presentation and examination of civil cases are conducted. We
were instructed to follow certain courtroom standard polices and a little dress code too.
Hon. Judge Isobel Barroso walked in and before she did so we were told of her approaching and
were asked to rise. Then finally she was ready to begin the day’s court session.

II. Body
Observation During Immersion
After the continuous hearing and trial on several criminal cases, the civil case was called for
hearing with Atty. Marco Hinlo as counsel for the defendant and Atty. Claver C Ariño, as counsel for
the plaintiff. The case was regarding the Cancellation of a Deed of Sale, Cancellation of Title and
Reconveyance of Title between Anita B. Bucayon and Andrew Belita, plaintiff and defendant
respectively. During the proceeding however, the counsel of the defendant raised a motion to reset
hearing because the latter is currently in New Zealand with no definite date of return, henceforth, the
counsel of the plaintiff raised that they shall file a manifestation to serve summons by publication in the
manner provided for by the Rules of Court in such particular cases. As reiterated in the case of Palma
vs Galvez (G.R. No. 165273 - March 10, 2010), in civil cases, the trial court acquires jurisdiction over
the person of the defendant either by the service of summons or by the latter’s voluntary appearance and
submission to the authority of the former.
Under Section 15 of Rule 14, a defendant who is a non-resident and is not found in the country
may be served with summons by extraterritorial service in four instances: (1) When the action affects
the personal status of the plaintiff; (2) When the action relates to, or the subject of which is property
within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent; (3)
When the relief demanded consists, wholly or in part, in excluding the defendant from any interest in
property located in the Philippines; (4) When the property of the defendant has been attached within the
Philippines.

1
In these instances, extraterritorial service of summons may be effected under any of three modes:
(1) By personal service out of the country, with leave of court; (2) By publication and sending a copy of
summons and other of the court by registered mail to the defendant’s last known address, also with leave
of court; or (3) By any other means the judge may consider sufficient.

The pertinent provisions of the Rules of Court may also apply;

Section 16. Residents temporarily out of the Philippines. — When any action is commenced
against a defendant who ordinarily resides within the Philippines, but who is temporarily out
of it, service may, by leave of court, be also effected out of the Philippines, as under the
preceding section.

Section 17. Leave of court. — Any application to the court under this Rule for leave to effect
service in any manner for which leave of court is necessary shall be made by motion in
writing, supported by affidavit of the plaintiff or some person on his behalf, setting forth the
grounds for the application.

Section 19. Proof of service by publication. — If the service has been made by publication,
service may be proved by the affidavit of the printer, his foreman or principal clerk, or of the
editor, business or advertising manager, to which affidavit a copy of the publication shall be
attached and by an affidavit showing the deposit of a copy of the summons and order for
publication in the post office, postage prepaid, directed to the defendant by registered mail
to his last known address.

Section 16 of Rule 14 uses the words may and also, it is not mandatory. Other methods of
service of summons allowed under the Rules may also be availed of by the serving officer on a
defendant-resident who is temporarily out of the Philippines. Thus, if a resident defendant is
temporarily out of the country, any of the following modes of service may be resorted to: (1)
substituted service set forth in section 7 ( formerly Section 8), Rule 14; (2) personal service outside
the country, with leave of court; (3) service by publication, also with leave of court; or (4) in any
other manner the court may deem sufficient.

You might also like