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    Felix V CA (Digest)

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    Eds Galinato
    - Respondent St. Joseph Resource Development, Inc. filed a complaint against Spouses Restituto and Ofelia Felix and was granted a writ of preliminary attachment by the trial court. The writ was served at petitioner Ofelia Herrera-Felix's residence while she was out of the country. - Petitioner filed a motion for an extension of time to file an answer through her lawyer. In the motion, she admitted being served with the complaint and summons. However, she failed to file an answer and was declared in default. - The court held that by filing the motion through counsel, petitioner voluntarily submitted herself to the jurisdiction of the trial court, even though she was not personally served.

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    Felix V CA (Digest)

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    Eds Galinato
    176 views1 page
    - Respondent St. Joseph Resource Development, Inc. filed a complaint against Spouses Restituto and Ofelia Felix and was granted a writ of preliminary attachment by the trial court. The writ was served at petitioner Ofelia Herrera-Felix's residence while she was out of the country. - Petitioner filed a motion for an extension of time to file an answer through her lawyer. In the motion, she admitted being served with the complaint and summons. However, she failed to file an answer and was declared in default. - The court held that by filing the motion through counsel, petitioner voluntarily submitted herself to the jurisdiction of the trial court, even though she was not personally served.

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    Felix v CA (Digest)

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    - Respondent St. Joseph Resource Development, Inc. filed a complaint against Spouses Restituto and Ofelia Felix and was granted a writ of preliminary attachment by the trial court. The writ was served at petitioner Ofelia Herrera-Felix's residence while she was out of the country. - Petitioner filed a motion for an extension of time to file an answer through her lawyer. In the motion, she admitted being served with the complaint and summons. However, she failed to file an answer and was declared in default. - The court held that by filing the motion through counsel, petitioner voluntarily submitted herself to the jurisdiction of the trial court, even though she was not personally served.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    176 views1 page

    Felix V CA (Digest)

    Uploaded by

    Eds Galinato
    - Respondent St. Joseph Resource Development, Inc. filed a complaint against Spouses Restituto and Ofelia Felix and was granted a writ of preliminary attachment by the trial court. The writ was served at petitioner Ofelia Herrera-Felix's residence while she was out of the country. - Petitioner filed a motion for an extension of time to file an answer through her lawyer. In the motion, she admitted being served with the complaint and summons. However, she failed to file an answer and was declared in default. - The court held that by filing the motion through counsel, petitioner voluntarily submitted herself to the jurisdiction of the trial court, even though she was not personally served.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    [G.R. No. 143736.

    August 11, 2004]

    OFELIA HERRERA-FELIX, Represented by JOVITA HERRERA-SEA, petitioner,


    vs. COURT OF APPEALS, and ST. JOSEPH RESOURCES DEVELOPMENT,
    INC., respondents.
    FACTS:
    Respondent St. Joseph Resource Development, Inc. filed a complaint for sum of
    money against the Spouses Restituto and Ofelia Felix with a prayer for a writ of
    preliminary attachment.
    The trial court granted the respondents prayer for a writ of preliminary attachment
    and this was served to the petitioners residence which was received by her sister, Ma.
    Luisa Herrera as the petitioner was out of the country.
    Petitioner through lawyer, Atty. Celestino C. Juan, filed a motion praying for an
    extension of time to file their answer to the complaint which the Court granted. However,
    petitioners failed to file their answer and were declared in default.

    ISSUE:
    Whether or not the appearance of petitioners through counsel constitute voluntary
    submission to the jurisdiction of the court.

    HELD:
    The court acquires jurisdiction over the person of the defendant by service of the
    complaint and summons on him, either by personal service or by substituted service or by
    extra-territorial service thereof or by his voluntary personal appearance before the court or
    through counsel. In this case, the petitioner appeared before the court, through counsel,
    and filed a motion for extension of time to file her answer to the complaint which the trial
    court granted. She even admitted in the said motion that she was served with a copy of
    the complaint as well as the summons. The admissions made in a motion are judicial
    admissions which are binding on the party who made them. Such party is precluded from
    denying the same unless there is proof of palpable mistake or that no such admission was
    made.[13]
    By filing the said motion, through counsel, the petitioner thereby submitted herself to
    the jurisdiction of the trial court.

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