7/25/2019 Kawasaki Port Services v. Judge Amores Digest

1/2

Kawasaki Port Services et. al. v. Judge Amores (1991)

Doctrine: An action purely for injunction is a personal action as well as anaction in personam. As a personal action, personal or substituted service ofsummons upon the defendant, not extra territorial service, is necessary toconfer jurisdiction upon the Court over the defendant

Facts:

C.F Sharp Kabushii !Kabushii" incurred several obli#ations from

several creditors, includin# petitioners herein

C.F. Sharp $ Co !CF Sharp" anticipated that the creditors of Kabushii

will run after it

%ence, C.F. Sharp prayed for injunctive relief a#ainst the petitioners&

demand for the payment of C.F. Sharp Kabushii Kaisha&s liabilities

C.F. Sharp alle#ed that it is separate and distinct from Kabushii. 'hat

the former is or#ani(ed and existin# under the laws of the )hilippineswhile the latter is under the laws of *apan.

o 'hat it had no participation whatsoever or liability in connection

with the transactions between the latter and the defendants.

CF Sharp also prayed for declaratory relief that it is separate and

independent corporation, it is not liable for the obli#ations and

liabilities of Kabushii. !+ote: not available accordin# to the court as

no action in court has yet been led by the creditors"

As the creditor-defendants are non-residents, without business

addresses in the )hilippines but in *apan, CF Sharp ased the court to

eect extraterritorial service of summons.

*ud#e Amores authori(ed the extraterritorial service of summons on

creditors

+aturally, the creditors opposed and led /Special Appearance to

0uestion *urisdiction of 'his %onorable Court 1ver )ersons of

2efendants/

o Alle#ed that lower court does not and cannot ac3uire jurisdiction

over the persons of defendants on the #rounds that private

respondent&s action does not refer to its personal status

7/25/2019 Kawasaki Port Services v. Judge Amores Digest

2/2

o 'he action does not have for subject matter property

contemplated in Section 45 of 6ule 47 of the 6ules of Court, that

the action does not pray that defendants be excluded from any

interest or property in the )hilippines8

o And that no property of the defendants has been attached

o Action is in personam8 and that the action does not fall withinany of the four cases mentioned in Section 45, 6ule 47 of the

6ules of Court.

2efense: aects status of CF Sharp and liability for Kabushii9s

indebtedness

SS; +1

%