Voluntary appearance; special appearance

Rule 14, Sec. 20. Voluntary appearance. The defendant's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. (Rules of Court) In short, voluntary appearance cures the defect in the service of summons.

Is there an exception to this rule? Yes. Special appearance in court to challenge its jurisdiction over the person of the defendant and the inclusion in a motion to dismiss of other grounds shall not be deemed a voluntary appearance. (La Naval Drug Corp. vs. CA, G.R. No. 103200, August 31, 1994)