Filomena Domagas v. Vivian Layno Jensen

Summary

This case involves the validity of service of summons in a forcible entry action. Petitioner Domagas sued respondent Jensen for forcible entry, but summons was served on Jensen's brother while Jensen was in Norway. The Supreme Court clarified that forcible entry actions are in personam, not quasi in rem as the Court of Appeals ruled. However, the Court held that substituted service was invalid because Jensen's brother was not residing in her house but was merely visiting to collect rentals from the actual occupant-lessee. Since the procedural requirements for substituted service under Section 7, Rule 14 were not strictly complied with, the MTC never acquired jurisdiction over Jensen's person, rendering its decision null and void. The case emphasizes strict compliance with service of summons requirements as essential to due process and jurisdiction.