Service of Summons

In the case at bench, when Atiko filed its Notice of Appeal, Memorandum of Appeal, Motion for Reconsideration of the April 8, 2003 Decision of the RTC, and Petition for Review, it never questioned the jurisdiction of the MeTC over its person. The filing of these pleadings seeking affirmative relief amounted to voluntary appearance and, hence, rendered the alleged lack of jurisdiction moot. In Palma v. Galvez, this Court reiterated the oft-repeated rule that “the filing of motions seeking affirmative relief, such as, to admit answer, for additional time to file answer, for reconsideration of a default judgment, and to lift order of default with motion for reconsideration, are considered voluntary submission to the jurisdiction of the court.” (Atiko Trnas, Inc., et al. Vs. Prudential Guarantee and Assurance, Inc., G.R. No. 167545. August 17, 2011).