125 Consolidated Plywood Industries Vs Breva

125 Consolidated Plywood Industries, Inc. vs.
Breva
No. L-82811. October 18, 1988
Facts:
 The property in question consists of a parcel of land measuring 5,263 square meters, with a
warehouse and office building standing thereon. One of the registered co-owners is the
petitioner, Consolidated Plywood Industries, Inc. (hereafter simply referred to as CPII); it had
purchased an undivided one-half (1/2) portion of the property from the Consolidated Bank &
Trust Company which, in turn, had acquired that share at a foreclosure sale. The other
registered co-owner is the Mindanao Hemp Export Corporation (hereafter MHEC).
 After having acquired its undivided half share, CPII occupied the property, using the
warehouse to store its products and the nearby building to quarter its personnel. In July 1984,
it made repairs and improvements on the property, as follows: replacement of the dilapidated
G.I. sheet roofing; construction of a new perimeter fence; putting of earth filling on the
driveway to keep out flood waters; and installation of a steel gate. For the repairs,
improvements and guard fees CPII allegedly spent P239,837.21, one-half of which, with
interests, it sought to recover from MHEC. When extra judicial demands produced no results, it
filed suit for collection against MHEC in the Regional Trial Court of Davao City
 Summons was issued to MHEC. It went unserved for the reason, stated in the return of the
Sheriff of Manila, that “x x x Mindanao Hemp Export Corp. is no longer doing business at said
address (and) (n)obody around the place knows the present whereabouts of said defendant.
The Trial Court sought to ascertain the defendant’s whereabouts from the Securities and
Exchange Commission, but that office simply furnished the same address.
 CPII moved for, and the Trial Court ordered on April 28, 1987, service of summons by April 28,
1987, service of summons by publication. Publication was effected in the newspaper,
Philippine Daily Inquirer.
 RTC rendered judgment which, while finding that CPII had in fact incurred expenses in the
amount of P161,951.70 (instead of the claimed P239,837.21). denied said plaintiff
reimbursement of one-half of that amount and instead dismissed the complaint “for lack of
merit” because petitioner was the one using the entire property for its own benefit.
Issue: Whether or not the RTC acquired jurisdiction over the person of the defendant, by
serving summons through publication
Held: NO.
Ruling:
Summons by publication cannot—consistently with the due process clause in the Bill of
Rights—confer upon the Court jurisdiction over said defendant,” and that “x x x (t)he
proper recourse for a creditor in the same situation as petitioner is to locate properties,
real or personal, of the resident defendant debtor with unknown address and cause them
to be attached under Rule 57, section 1(f), in which case, the attachment converts the
action into a proceeding in rem or quasi in rem and the summons by publication may then
accordingly be deemed valid and effective.
Accordingly, and service of summons by publication here not having been preceeded by
attachment of property of MHEC, it did not confer on the Trial Court jurisdiction over the
person of said defendant, and it is on this score that petitioner’s action must be, as it is
hereby, DISMISSED.
In view of the peculiar circumstances of this case, it is hereby directed that in the not
unlikely event that the petitioner pursue its claim for reimbursement against its co-owner
by filing a second action therefor, efforts be exerted, prior to effecting service of summons
by publication, to cause personal service on respondent corporation on its president,
manager, secretary, cashier, agent or any of its directors, at such of their individual
addresses as may become known to the petitioner from an examination of the records of
the Securities and Exchange Commission or such others as may be or become otherwise
available, failure of this latter mode of service being hereby made a condition precedent to
summons by publication.

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