Petitioner
Optima Realty Corporation
Respondent
Hertz Phil. Exclusive Cars
Citation
G.R. No. 183035
Court
Supreme Court
Division
First Division
Ponente
Sereno, C.J.
Decided
January 9, 2013

Summary

This case involves a landlord-tenant dispute between Optima Realty Corporation and Hertz Phil. Exclusive Cars, Inc. over a commercial lease that expired on February 28, 2006. Hertz failed to pay seven months of rent and four months of utility bills, and failed to request lease renewal within the contractually required 90-day notice period. When Hertz refused to vacate after lease expiration, Optima filed an unlawful detainer case. The key legal issue was whether the court acquired jurisdiction over Hertz despite allegedly defective service of summons. The Supreme Court ruled that Hertz voluntarily submitted to the court's jurisdiction by filing pleadings seeking affirmative relief without explicitly objecting to jurisdiction. The Court affirmed the eviction order, finding valid grounds under Civil Code Article 1673 for judicial ejectment due to both non-payment of rent and lease expiration. The decision emphasized that voluntary appearance can cure defective service of summons when a defendant seeks affirmative relief without explicitly challenging jurisdiction.

Statutes applied

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By the Intellegal Editorial Board · January 9, 2013

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