Licaros v. Licaros Topic: Kinds of Civil Actions As To Object - Action in Rem Facts

Licaros v.
Licaros
Topic: Kinds of Civil Actions as to Object - Action in Rem
Facts:
Abelardo Licaros (Abelardo, for short) and Margarita Romualdez-Licaros (Margarita, hereafter)
were lawfully married. Out of this marital union were born Maria Concepcion and Abelardo, Jr.
Ironically, marital differences, squabbles and irreconcilable conflicts transpired between the
spouses, sometime in 1979, they agreed to separate from bed and board.
In 1982, Margarita with her two (2) children left for the United States and to settle down.
On August 17, 1990, Abelardo and Margarita executed an Agreement of Separation of

Properties and this was followed-up by a petition filed on August 21, 1990 before the Regional
Trial Court of Makati for the dissolution of the conjugal partnership of gains of the spouses and
for the approval of the agreement of separation of their properties.
On December 27, 1990, a decision was issued granting the petition and approving the
separation of property agreement.
On June 24, 1991, Abelardo commenced a civil case for the declaration of nullity of his marriage
with Margarita, based on psychological incapacity under the New Family Code. As Margarita
was then residing at 96 Mulberry Lane, Atherton, California, U.S.A., Abelardo initially moved
that summons be served through the International Express Courier Service. The court a quo
denied the motion. Instead, it ordered that summons be served by publication in a newspaper
of general circulation once a week for three (3) consecutive weeks, at the same time furnishing
respondent a copy of the order, as well as the corresponding summons and a copy of the
petition at the given address in the United States through the Department of Foreign Affairs, all
at the expense of Abelardo. Respondent was given sixty (60) days after publication to file a
responsive pleading.
Issue:
Was Margarita validly served with summons in the case for declaration of nullity of her
marriage with Abelardo?
Ruling:
Yes.
Summons is a writ by which the defendant is notified of the action brought against him. Service
of such writ is the means by which the court acquires jurisdiction over his person.
As a rule, when the defendant does not reside and is not found in the Philippines, Philippine
courts cannot try any case against him because of the impossibility of acquiring jurisdiction over
his person unless he voluntarily appears in court. But when the case is one of actions in rem or
quasi in rem enumerated in Section 15, Rule 14 of the Rules of Court, Philippine courts have
jurisdiction to hear and decide the case. In such instances, Philippine courts have jurisdiction
over the res, and jurisdiction over the person of the non-resident defendant is not essential.
Actions in personam and actions in rem or quasi in rem differ in that actions in personam are
directed against specific persons and seek personal judgments. On the other hand, actions in
rem or quasi in rem are directed against the thing or property or status of a person and seek
judgments with respect thereto as against the whole world.
At the time Abelardo filed the petition for nullity of the marriage in 1991, Margarita was
residing in the United States. She left the Philippines in 1982 together with her two children.
The trial court considered Margarita a non-resident defendant who is not found in the
Philippines. Since the petition affects the personal status of the plaintiff, the trial court
authorized extraterritorial service of summons under Section 15, Rule 14 of the Rules of Court.
The term personal status includes family relations, particularly the relations between husband
and wife.
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; or (4) when the property of
the defendant has been attached within the Philippines. 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 the summons and order of the court by
registered mail to the defendants last known address, also with leave of court; or
(3) by any other means the judge may consider sufficient.
Applying the foregoing rule, the trial court required extraterritorial service of summons to be
effected on Margarita in the following manner:
x x x, service of Summons by way of publication in a newspaper of general circulation once a

week for three (3) consecutive weeks, at the same time, furnishing respondent copy of this
Order as well as the corresponding Summons and copy of the petition at her given address at
No. 96 Mulberry Lane, Atherton, California, U.S.A., thru the Department of Foreign Affairs, all at
the expense of petitioner. (Emphasis ours)
The trial courts prescribed mode of extraterritorial service does not fall under the first or
second mode specified in Section 15 of Rule 14, but under the third mode. This refers to any
other means that the judge may consider sufficient.

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Licaros v.

Topic: Kinds of Civil Actions as to Object - Action in Rem

On August 17, 1990, Abelardo and Margarita executed an Agreement of Separation of

(1) by personal service out of the country, with leave of court;

(3) by any other means the judge may consider sufficient.

effected on Margarita in the following manner:

x x x, service of Summons by way of publication in a newspaper of general circulation once a

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