Consolidated Plywood Industries v. Hon. Augusto B. Breva

Summary

CPII and MHEC were co-owners of real property in Davao City. CPII occupied the entire property and made repairs costing P161,951.70, then sued MHEC for reimbursement of half the expenses. The Regional Trial Court dismissed the case, ruling that CPII, having used the property exclusively without paying rent, could not claim reimbursement. On appeal, the Supreme Court dismissed the case on a different ground - lack of jurisdiction over defendant due to improper service of summons. Since this was a personal action in personam, personal service within the forum was essential, and service by publication without prior attachment of defendant's property could not confer jurisdiction consistent with due process requirements.