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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC) ▸ F. Summons (Rule 14) ▸ 4. Service of Summons ▸ d. Extraterritorial Service

Question

Service of Summons: Extraterritorial Service

Scenario: John, a Filipino citizen, recently relocated to the United States for work. Maria, John's business partner in the Philippines, filed a case against him for breach of contract in connection with their joint business venture. Maria wants to properly serve the summons to John to ensure that he is duly notified of the case. However, since John is no longer residing in the Philippines, the issue of extraterritorial service arises.

Given the scenario, please address the following questions:

  1. What is extraterritorial service of summons?
  2. What are the conditions for the extraterritorial service of summons to be valid?
  3. Can Maria serve the summons to John through diplomatic channels? Explain the process.
  4. If the extraterritorial service of summons is not possible, what alternative methods can Maria use to notify John of the case?


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Bar Review Question: Service of Summons: Extraterritorial Service Scenario: John, a Filipino citizen, recently relocate