G.R. No. 118696 - RAMON S. OROSA, JOSE S. OROSA, LIZA O. TRINIDAD, MYRNA D. DESTURA AND ALFREDO S. MENDOZA, VS. COURT OF APPEALS, BERTAN PRESS AND ANTONIO J. BERTOSO.

Ruling

Accordingly, the trial court issued the corresponding summons to be served upon petitioners. Per sheriff's return dated 8 February 1993 summons was served on 6 February 1993 upon petitioners Ramon S. Orosa, Jose S. Orosa, Liza O. Trinidad, and Myrna D. Destura through their secretary Maribel Viernes, and upon petitioner Alfredo S. Mendoza through his employee Juan (Jun) Besana. On 24 February 1993 petitioners filed a motion for additional time to file answer. However, upon urgent ex-parte motion by private respondents on 5 March 1993, the trial court issued its Order of 8 March 1993 declaring petitioners in default for failure to answer within the reglementary period. On 30 March 1993 petitioners filed a motion for reconsideration and at the same time filed their answer. On 22 March 1994 the trial court denied the motion for reconsideration and expunged petitioners' answer from the records. On 19 April 1994 petitioners filed a petition for certiorari under Rule 65 of the Rules of Court before respondent Court of Appeals which rendered the assailed decision of 18 October 1994 dismissing the petition and denying the motion for issuance of a writ of preliminary prohibitory injunction and/or temporary restraining order. [1] A motion for reconsideration was filed but the same was likewise denied in the resolution of 20 January 1995. Petitioners assail respondent Court of Appeals for grave abuse of discretion in affirming the lower court's alleged gross misinterpretation of Secs. 7 and 8, Rule 14, of the Rules of Court, and in declaring them in default. Petitioners argue that there was no valid service of summons on them as there is no showing that earnest efforts were exerted to serve summons on them personally, hence, jurisdiction was never acquired over them by the lower court. Secs. 7 and 8 provide - Sec. 7. Personal service of summons. - The summons shall be served by handing a copy thereof to the defendant in person, or, if he refuses to receive it, by tendering it to him. Sec. 8. Substituted service. - If the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant's dwelling house or residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof. Admittedly, the sheriff's return dated 8 February 1993 is bereft of any particulars on the impossibility of personal service on petitioners within a reasonable time. However, they are deemed to have waived any flaw in the court's jurisdiction arising from a defective service of summons. For, instead of entering a special appearance questioning the propriety of the service of summons, hence, the exercise of jurisdiction by the trial court over petitioners, they filed a motion for additional time to file answer on 24 February 1993, which was beyond the re