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    G.R. No. 178607

    Uploaded by

    Earl Andre Perez
    This document summarizes a Supreme Court case regarding a dispute between two local manning agencies. Dante Jimenez, president of Unlad Shipping, filed a complaint against Socrates Antzoulatos, Carmen Alamil, Marceli Gaza, and Markos Avgoustis, incorporators of Tsakos Maritime Services, alleging false representations in Tsakos' articles of incorporation. While Antzoulatos and Gaza filed counter-affidavits, Alamil did not. The issue was whether Alamil submitted to the jurisdiction of the regional trial court by filing motions seeking dismissal. The Supreme Court ruled that by filing several motions before the RTC, Alamil voluntarily submitted to its jurisdiction, as one who

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    G.R. No. 178607

    Uploaded by

    Earl Andre Perez
    70 views2 pages
    This document summarizes a Supreme Court case regarding a dispute between two local manning agencies. Dante Jimenez, president of Unlad Shipping, filed a complaint against Socrates Antzoulatos, Carmen Alamil, Marceli Gaza, and Markos Avgoustis, incorporators of Tsakos Maritime Services, alleging false representations in Tsakos' articles of incorporation. While Antzoulatos and Gaza filed counter-affidavits, Alamil did not. The issue was whether Alamil submitted to the jurisdiction of the regional trial court by filing motions seeking dismissal. The Supreme Court ruled that by filing several motions before the RTC, Alamil voluntarily submitted to its jurisdiction, as one who

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    This document summarizes a Supreme Court case regarding a dispute between two local manning agencies. Dante Jimenez, president of Unlad Shipping, filed a complaint against Socrates Antzoulatos, Carmen Alamil, Marceli Gaza, and Markos Avgoustis, incorporators of Tsakos Maritime Services, alleging false representations in Tsakos' articles of incorporation. While Antzoulatos and Gaza filed counter-affidavits, Alamil did not. The issue was whether Alamil submitted to the jurisdiction of the regional trial court by filing motions seeking dismissal. The Supreme Court ruled that by filing several motions before the RTC, Alamil voluntarily submitted to its jurisdiction, as one who

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    70 views2 pages

    G.R. No. 178607

    Uploaded by

    Earl Andre Perez
    This document summarizes a Supreme Court case regarding a dispute between two local manning agencies. Dante Jimenez, president of Unlad Shipping, filed a complaint against Socrates Antzoulatos, Carmen Alamil, Marceli Gaza, and Markos Avgoustis, incorporators of Tsakos Maritime Services, alleging false representations in Tsakos' articles of incorporation. While Antzoulatos and Gaza filed counter-affidavits, Alamil did not. The issue was whether Alamil submitted to the jurisdiction of the regional trial court by filing motions seeking dismissal. The Supreme Court ruled that by filing several motions before the RTC, Alamil voluntarily submitted to its jurisdiction, as one who

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    DANTE LA.

    JIMENEZ, in his capacity as President and


    representative of UNLAD SHIPPING & MANAGEMENT
    CORPORATION, Petitioner, -versus- HON. EDWIN SORONGON
    (in his capacity as Presiding Judge of Branch 214 of the
    Regional Trial Court of Mandaluyong City), SOCRATES
    ANTZOULATOS, CARMEN ALAMIL, MARCELl GAZA and
    MARKOS A VGOUSTIS, Respondents.
    G.R. No. 178607 : December 5, 2012
    Ponente: Associate Justice Brion

    FACTS:

    The petitioner is the president of Unlad Shipping &


    Management Corporation, a local manning agency, while Socrates
    Antzoulatos, Carmen Alamil, Marceli Gaza, and Markos Avgoustis
    (respondents) are some of the listed incorporators of Tsakos
    Maritime Services, Inc. (TMSI), another local manning agency.

    On August 19, 2003, the petitioner filed a complaint-affidavit


    with the Office of the City Prosecutor of Mandaluyong City against
    the respondents for syndicated and large scale illegal recruitment.
    The petitioner alleged that the respondents falsely represented
    their stockholdings in TMSIs articles of incorporation secure a
    license to operate as a recruitment agency from the Philippine
    Overseas Employment Agency (POEA).

    On October 9, 2003, respondents Antzoulatos and Gaza filed


    their joint counter-affidavit denying the complaint-affidavits
    allegations.Respondents Avgoustis and Alamil did not submit any
    counter-affidavit.

    ISSUE:

    WON Alamil submitted to the jurisdiction of the RTC.

    RULING:

    Respondent Alamil voluntarily submitted to the RTCs


    jurisdiction.

    As a rule, one who seeks an affirmative relief is deemed to


    have submitted to the jurisdiction of the court. Filing pleadings
    seeking affirmative relief constitutes voluntary appearance, and the
    consequent jurisdiction of one's person to the jurisdiction of the
    court.

    Thus, by filing several motions before the RTC seeking the


    dismissal of the criminal case, respondent Alamil voluntarily
    submitted to the jurisdiction of the RTC. Custody of the law is not
    required for the adjudication of reliefs other than an application for
    bail.

    WHEREFORE, we hereby DENY the appeal. The twin


    resolutions of the Court of Appeals dated November 23, 2006 and
    June 28, 2007 in CA-G.R. SP No. 96584 are AFFIRMED. Costs
    against the petitioner.

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