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This web
page features the full text ofSUPERVISORY
CIRCULAR NO. 22.[1977]
SUPERVISORY
CIRCULAR NO. 22 [1977]
TO:
ALL
PROVINCIAL AND CITY SHERIFFS AND THEIR DEPUTIES
SUBJECT:
SERVICE OF SUMMONS AND OTHER COURT PROCESSES.
The attention of
this Court has been called to instances of pending cases whose
disposition
has been unduly delayed due allegedly either to the ignorance and/or to
carelessness of the Sheriffs concerned in the performance of their
duties,
especially in the matter of serving court summons, particularly upon
private
domestic corporations or partnerships.
As a reminder and
for the guidance of all concerned, Section 13 of Rule 14 of the Revised
Rules of Court, which governs such service, is reproduced hereunder:chanroblesvirtuallawlibrary
"Sec. 13.
Service
upon private domestic corporation or partnership. - If the
defendant
is a corporation organized under the laws of the Philippines or a
partnership
duly registered, service may be made on the president, manager,
secretary,
cashier, agent or any of its directors." (Italics
supplied).In Delta
Motors Corporation
vs. Mangosing [L-41667, April 30, 1976; 70 SCRA 598], this Court made
the
following pronouncements in connection with the aforequoted Rule:chanroblesvirtuallawlibrary
"For
purposes of
receiving service of summons and being bound by it, a corporation is
identified
with its agent or officer who under the rule is designated to accept
service
of process. x x x
"A strict
compliance
with the mode of service is necessary to confer jurisdiction of the
court
over a corporation. The officer upon whom service is made must be one
who
is named in the statute; otherwise service is insufficient. x
x x"
Strict
observance of
the foregoing is hereby enjoined.
December 2,
1977.
[Sgd.]
RICARDO
C. PUNOActing
Judicial Consultant
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