Pan Asiatic Travel Corp Vs CA

Pan Asiatic Travel Corp vs CA
FACTS:
 Destinations Travel Phil., Inc filed a complaint against Pan-Asiatic Travel Corp. for the refund of
the price of alleged unutilized airplane tickets issued by the latter for passengers recruited by
the former
 Destinations filed a Motion to Declare Defendant in Default. After receipt of said Motion, PAN-
ASIATIC, by way of special appearance, filed a Motion to Dismiss for the sole purpose of
objecting to the trial court's jurisdiction over its person on the ground that it was not properly
served with summons.
 2 days after filing the MTD, Destinations amended its complaint increasing its claims for
reimbursement
 Subsequently, a copy of the amended complaint and summons were served on PAN-ASIATIC.
PAN-ASIATIC filed several motions for extension of time within which to file its answer.
However, instead of filing an Answer, it filed a Motion for Bill of Particulars which was granted
by the trial court.
 Destinations did not file BOP but instead filed a 2nd amended complaint which was admitted
 No new summons was served on petitioner which petitioner was declared in default
 Petitioner filed its Omnibus Motion to Lift Order of Default and to Vacate Judgment by Default,
alleging that the trial court's decision was rendered without jurisdiction because petitioner was
never served with summons on the Second Amended Complaint but was denied; filed an MR
but later withdrew
 Writ of execution followed; PAN-ASIATIC filed a petition for certiorari and mandamus before the
CA, alleging that the trial court acted without jurisdiction in dismissing the appeal and in issuing
the writ of execution was dismissed
ISSUE:
WON the trial court had jurisdiction over the person of petitioner when it rendered the decision
HELD:
YES. Petitioner contends that the Second Amended Complaint introduced new causes of action not
alleged in the original nor in the first amended complaint. Hence, it is argued that new summons had to
be served on petitioner, for the court to acquire jurisdiction over its (petitioner's) person.
The Second Amended Complaint does introduce new causes of action. For while in the first amended
complaint, DESTINATIONS prayed for reimbursement of refunds for unutilized airplane tickets only, in
the Second Amended Complaint, there were claims for commissions and incentives, although the total
amount of the claims was the same as the amount claimed in the first amended complaint.
But was there need to serve new summons on PAN-ASIATIC?
In the case of Atkins, Kroll and Co. v. Domingo, this Court had occasion to lay down the rule that if the
defendant had appeared in the action, service of an amended complaint (which introduces a new
cause of action) in the same manner as any other pleading or motion is sufficient, even if no new
summons is served. This ruling was reiterated in the case of Ong Peng v. Custodio [in more categorical
terms:
If defendant had not yet appeared, a new summons must be served upon him as
regards the amended complaint, otherwise the court would have no power to try the
new causes of action alleged therein, unless he had lodged an answer thereto. Simply
sending a copy of the amended complaint to the defendant by registered mail is not
equivalent to service of summons in such case. However, if the defendant had already
appeared in response to the first summons, so that he was already in court when the
amended complaint was filed, then ordinary service of that pleading upon him,
personally or by mail, would be sufficient, and no new summons need be served upon
him.
In the instant case, summons on the first amended complaint was properly served on PAN-ASIATIC.
After which, the company filed several motions for extension of time within which to file responsive
pleading, and then a Motion for Bill of Particulars, all of which motions were granted by the trial
court. With the filing of these motions, PAN-ASIATIC had effectively appeared in the case and
voluntarily submitted itself to the jurisdiction of the court. Hence, no new summons on the Second
Amended Complaint was necessary, ordinary service being sufficient.
In cases where a complaint is amended, the Rules of Court provide for the period within which the
defendant must answer thus:
SEC. 3. Answer to amended complaint.—If the complaint is amended, the time fixed for the filing
and service of the answer shall, unless otherwise ordered, run from notice of the order admitting
the amended complaint. An answer filed before the amendment shall stand as an answer to the
amended complaint, unless a new answer is filed within ten (10) days from notice of service as
herein provided.
There is no question that PAN-ASIATIC was properly served with a copy of the Second Amended
Complaint and that it received a copy of the Order admitting said Second Amended Complaint. Since it
failed to serve and file its Answer within fifteen (15) days, the trial court was correct in declaring the
company in default, in holding trial ex parte, and in eventually rendering judgment by default.
From the date when PAN-ASIATIC received a copy of the Judgment by Default to the date when the
Omnibus Motion was filed is twenty-nine days. Petitioner therefore had one more day the day when
PAN-ASIATIC received a copy of the Order denying the Omnibus Motion, within which to appeal. Instead
of appealing, however, petitioner filed on the same day, a motion for reconsideration of the Order, only
to withdraw it, as it filed its notice of appeal, appeal bond and record on appeal.
Since the motion for reconsideration was withdrawn, then it is as if no motion for reconsideration was
ever filed. Thus, the one day remaining period remained unchanged. Clearly, therefore, the appeal
interposed was filed out of time.
WHEREFORE, the petition is hereby DISMISSED. Costs against the petitioner.

Pan Asiatic Travel Corp Vs CA

Uploaded by

Copyright:

Available Formats

Pan Asiatic Travel Corp Vs CA

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Pan Asiatic Travel Corp Vs CA

Uploaded by

Copyright:

Available Formats

Pan Asiatic Travel Corp vs CA

But was there need to serve new summons on PAN-ASIATIC?

WHEREFORE, the petition is hereby DISMISSED. Costs against the petitioner.

You might also like