JUSTICE MARTIN VILLARAMA, JR.: THE FILING OF A MOTION FOR TIME IS CONSIDERED A SUBMISSION TO THE JURISDICTION OF THE COURT

A party who makes a special appearance in court challenging the jurisdiction of said court based on the ground of invalid service of summons is not deemed to have submitted himself to the jurisdiction of the court. (United Coconut Planters Bank v. Ongpin, G.R. No. 146593, October 26, 2001, 368 SCRA 464, 470).  In this case, however, although the Motion to Dismiss filed specifically stated as one (1) of the grounds the lack of "personal jurisdiction," it must be noted that defendant had earlier filed a Motion for Time to file an appropriate responsive pleading even beyond the time provided in the summons by publication.  Such motion did not state that it was a conditional appearance entered to question the regularity of the service of summons, but an appearance submitting to the jurisdiction of the court by acknowledging the summons by publication issued by the court and praying for additional time to file a responsive pleading. Consequently, defendant having acknowledged the summons by publication and also having invoked the jurisdiction of the trial court to secure affirmative relief in his motion for additional time, he effectively submitted voluntarily to the trial court’s jurisdiction. He is now estopped from asserting otherwise, even before this Court. (ALLAN C. GO, vs. MORTIMER F. CORDERO, G.R. No. 164703, May 4, 2010, VILLARAMA, JR., J.).