4. 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 Asuncion’s 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
15. Gray v Gray
87 N.H. 82 (1934)

Facts:

The husband and wife (Mr and Ms. Gray) are domiciled in New Hampshire, a
state which permits the wife to sue the husband for personal injuries caused by
the husband's negligence. While a passenger in an automobile driven by the
husband in Maine, the wife is injured as a result of the husband's negligence.
Under Maine law, spouses are barred from maintaining an action against each
other. Thus Ms. Gray sued Mr. Gray in New Hamsphire.

Issue/s:

WON in conflicts arising from a tort, lex loci governs (the law of the country in
which a transaction is performed, a tort is committed, or a property is situated.)

YES

Held:

The effect of the prohibition in Maine is to divest the W of any cause of action
against H. If there is a conflict between lex fori (the law of the country in which an
action is brought)) and lex loci, lex loci governs in torts in respect to the legal
effect and incidents of the act.
The status as spouses is determined by New Hampshire law but the incidents of
that status is governed by the law of the place of the transaction (Maine).