Practice question
A flood destroys the summons before service. The plaintiff files a motion for alias summons. Is this a situation expressly contemplated by Section 4?
- No; destruction permanently ends every action.
- No; only the defendant may seek replacement.
- No; counsel must sign a private substitute instead.
- Yes; loss or destruction permits the court’s consideration of alias summons upon motion.
- No; a newspaper advertisement necessarily replaces court process.
Legal references
- 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Spouses Agullo v. Victa-Espinosa, G.R. No. 269921, April 22, 2025, en banc main decision, prematurity not a Rule 9 motu proprio ground: https://lawphil.net/judjuris/juri2025/apr2025/gr_269921_2025.html
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