SECOND DIVISION
[G.R. No. 244130. March 11, 2019.]
ANTONIO B. CORDERO, petitioner,vs. MARIO B. CORDERO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11March 2019which reads as follows:
"G.R. No. 244130 (Antonio B. Cordero v. Mario B. Cordero)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 31, 2018 Decision 2 and the December 12, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 03934-MIN for failure of petitioner Antonio B. Cordero (petitioner) to sufficiently show that the CA committed any reversible error in: (a) setting aside the January 20, 2015 Decision 4 of the Regional Trial Court of Mambajao, Camiguin, Branch 28 (RTC); and (b) remanding the case to the RTC for proper service of summons. 5
As correctly ruled by the CA, the RTC did not acquire jurisdiction over the person of petitioner due to the improper service of summons. 6 Records reveal that the summons was served in Mabini St., Poblacion, Mambajao, Camiguin, while in the complaint, petitioner was alleged to be a resident of Hawaii. 7 Settled is the rule that when the defendant is a nonresident and he is not found in the country, summons may be served extraterritorially, 8 as in this case.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 16-52.
2.Id. 58-73. Penned by Associate Justice Walter S. Ong with Associate Justices Edgardo A. Camello and Perpetua T. Atal-Paño, concurring.
3.Id. at 75-76. Penned by Associate Justice Walter S. Ong with Associate Justices Edgardo A. Camello and Oscar V. Badelles, concurring.
4.Id. at 77-83. Penned by Acting Presiding Judge Jeoffre W. Acebido.
5. See id. at 72.
6. See id. at 67.
7. See id. at 68-70.
8.Velayo-Fong v. Spouses Velayo, 539 Phil. 377, 388 (2006).