ADMINISTRATIVE
CIRCULAR NO. 59
TO:
ALL
EXECUTIVE JUDGES AND ALL CLERKS OF COURT ACTING AS EX-OFFICIO
SHERIFFS
OF ALL REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
SHARI’A
CIRCUIT COURTS
SUBJECT:
SERVICE OF SUMMONS.
Delays in
court proceedings
have been caused by faulty and erroneous implementation of Section 8,
Rule
14, Rules of Court on Substituted Service of Summons.
The Trial
Judges
of all lower courts as well as the Clerks of Court in their capacity as
Ex-Officio Sheriffs together with the Deputy Sheriffs, are
reminded
of the provisions of Section 8, Rule 14, Rules of Court on substituted
service as follows:
"Substituted
service. - If the defendant cannot be served within a reasonable
time
as provided in the preceding section, service may be effected (a) by
leaving
copies of the summons at the defendant’s dwelling house or residence
with
some person of suitable age and discretion then residing therein; or
(b)
by leaving the copies at defendant’s office or regular place of
business
with some competent person in charge thereof."
The manner of
effecting
substituted service as prescribed in Venturanza v. Court of Appeals,
156 SCRA 305, must be strictly complied with, thus:
"The
substituted
service should be availed only when the defendant cannot be served
promptly
in person. Impossibility of prompt service should be shown by stating
the
efforts made to find the defendant personally and the failure of such
efforts.
The statement should be made in the proof of service. This is necessary
because substituted service is in derogation of the usual method of
service.
"Substituted
service
is a method extraordinary in character, and hence ,may be used only as
prescribed in the circumstances authorized by statute. Thus, the
statutory
requirements of substituted service must be followed strictly,
faithfully,
and any substituted service other than that authorized by the statute
is
considered ineffective."
For immediate
compliance.
November
19, 1989.
[Sgd.]
MARCELO
B. FERNAN
Chief
Justice
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