Juan sued Roberto for specific performance. Roberto knew that Juan was going to file the case so he went out of town and temporarily stayed in another city to avoid service of summons. Juan engaged the services of Sheriff Matinik to serve the summons but when the latter went to the residence of Roberto, he was told by the caretaker thereof that his employer no longer resides at the house. The caretaker is a high school graduate and is the godson of Roberto. Believing the caretaker’s story to be true, Sheriff Matinik left a copy of the summons and complaint with the caretaker. Was there a valid substituted service of summons? Discuss the requirements for a valid service of summons. (5%)
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No, there was no valid substituted service of summons. Under Section 6, Rule 14 of the Rules of Court, substituted service is valid only when personal service fails despite diligent efforts (at least three attempts on two separate dates).
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Quick check
When may substituted service of summons be validly resorted to by a sheriff?
Substituted service is an extraordinary mode of service permissible only when personal service cannot be effected despite diligent efforts.
Under Rule 14, Section 6 of the Rules of Court, what requirement must be met when leaving summons at the defendant's residence?
Substituted service at a residence requires leaving summons with a person at least eighteen years old and of sufficient discretion residing therein.
How many attempts on separate dates are generally required to demonstrate diligent effort before resorting to substituted service?
Jurisprudence requires at least three attempts on at least two separate dates to demonstrate diligent efforts for personal service.
What is the legal consequence of invalid substituted service of summons on a defendant in an action in personam?
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Why was the substituted service of summons invalid in the case of Sheriff Matinik and Roberto?
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Learn more about these topics
1. Substituted Summons Requisites
Substituted service of summons is an extraordinary mode of service that may only be resorted to when personal service cannot be effected despite diligent efforts. Under Section 6, Rule 14 of the Rules of Court, substituted service requires leaving copies of the summons at the defendant's residence with a person of suitable age and discretion then residing therein. Because substituted service is in derogation of regular statutory procedure, strict compliance with all formal requisites is mandatory to confer jurisdiction over the person of the defendant.
2. Impossibility of Service
To justify substituted service, the process server must exert diligent efforts to serve summons personally upon the defendant. The server's return must detail specific facts showing that at least three attempts on at least two separate dates were made to serve personal summons within a reasonable time, unless impossible. Relying on a single attempt or unverified statements from third persons does not establish the impossibility of personal service, rendering subsequent substituted service invalid.
3. Suitable Age Discretion
For substituted service at the defendant's residence to be valid, summons must be served upon a person who is at least eighteen years of age and possesses sufficient discretion to understand the significance of receiving legal process. Furthermore, that person must actually reside in the same house with the defendant. Leaving summons with a caretaker who claims the defendant no longer resides there fails to satisfy the statutory requirements for valid substituted service.