1 In CA G.R. SP No. 41014, dated July 30, 1996, Special Sixth Division - Justice Ricardo P. Galvez, ponente, with Justices Antonio M. Martinez and Hilarion L. Aquino, members.
2 Issued by Judge Florentino A. Tuason, Jr.
3 Annex E, Rollo, p. 39-44.
4 Officers Return dated 20 December 1993, Records, p. 47; Rollo, p. 31.
5 Judge Jaime D. Discaya.
6 Annex D, Rollo, p. 37.
7 Annex A, Rollo, pp. 37-38.
8 Regalado, Florenz. Rules of Civil Procedure, 1997 ed., p. 219, citing the cases of Busuego vs. CA, et. al., 151 SCRA 376; Arevalo vs. Quilatan, 116 SCRA 700; Venturanza vs. CA, 156 SCRA 305.
9 Keister vs. Navarro, 77 SCRA 209.
10 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 provision of Section 8, Rule 14, Rules of Court on substituted service as follows:
The manner of effecting substituted service as prescribed in Venturanza vs. 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 authorized by the statute is considered ineffective.
For immediate compliance.
12 Rollo, Annex F, p. 23 of Court of Appeals Records.
13 Orosa vs. Court of Appeals, 261 SCRA 376, citing Vargas and Co. vs. Chan Hang Chiu, 29 Phil 446 (1915)
14 Petition, p. 2; Rollo, p. 14.
15 Rule 14, Sec. 5. ISSUANCE OF ALIAS SUMMONS. - If a summons is returned without being served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiffs counsel, stating the reasons for the failure of service, within (5) days therefrom. In such a case, or if the summons has been lost, the clerk, on demand of the plaintiff may issue an alias summons.
16 Construction Services of Australia-Philippines, Inc. vs. Peralta, 173 SCRA 344, 349-350.
17 Alucbusan vs. CA, 269 SCRA 336.