Vicenta Pantaleon vs.

Honorato Asuncion (GR L-13141, May 22, 1959)

FACTS:
In a collection case filed by Pantaleon against appellant Asuncion, summons was initially
issued but was later amended (thru an Alias Summons) after the Nueva Ecija Sheriff
knew that Asuncion was already residing at Rizal
o However, the Alias Summons were returned unserved because Asuncion could
not be found in the address in Rizal
As such, service by publication was resorted to by Pantaleon and allowed by the trial
court
o The said summons was published in the Examiner, a newspaper of general
circulation in Nueva Ecija
This led to the declaration of Asuncion in default and eventually to a decision against him
o Naturally, Asuncion sought relief from this judgment arguing that no service was
effectively made hence the court lacked jurisdiction
o Nevertheless, the trial court denied Asuncions argument hence this appeal
ISSUE:
Whether service of summons by publication was available in the case
RULING:
NO, in an action in personam against a resident, summons by publication would not
satisfy the due process requirement
o Service of summons by publication cannot confer upon the court jurisdiction over
the person of the defendant.
Personal service within the forum is essential to the acquisition of jurisdiction over the
person of the defendant who does not voluntarily submit to the authority of the court
o In other words, summons by publication cannot consistently with the due
process clause in the bill of rights confer upon the court jurisdiction over said
defendant