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Manotoc vs. Court of Appeals, et al.

MA. IMELDA M. MANOTOC, Petitioner, versus HONORABLE COURT OF APPEALS and AGAPITA TRAJANO on behalf of the Estate of ARCHIMEDES TRAJANO, Respondents.

G.R. No. 130974 | 2006-08-16

THIRD DIVISION
 
D E C I S I O N 
 
VELASCO, JR., J.: 
 
The court's jurisdiction over a defendant is founded on a valid service of summons. Without a valid service, the court cannot acquire jurisdiction over the defendant, unless the defendant voluntarily submits to it. The defendant must be properly apprised of a pending action against him and assured of the opportunity to present his defenses to the suit. Proper service of summons is used to protect one's right to due process. 
 
The Case 
 
This Petition for Review on Certiorari[1] under Rule 45 presents the core issue whether there was a...