THE EFFECT OF FILING A MOTION TO DISMISS

A defendant who files a motion to dismiss, assailing the jurisdiction of the court over his person, together with other grounds raised therein, is not deemed to have appeared voluntarily before the court. What the rule on voluntary appearance means is that the voluntary appearance of the defendant in court is without qualification, in which case he is deemed to have waived his defense of lack of jurisdiction over his person due to improper service of summons. (EDNA DIAGO LHUILLIER vs. BRITISH AIRWAYS, G.R. No. 171092, March 15, 2010, DEL CASTILLO, J.).