Practice question
The court has expressly recalled the old summons. Without obtaining appropriate new process, counsel directs a messenger to serve that recalled instrument because Section 4 says summons remains valid until served. Which is correct?
- Recall has no effect under Section 4.
- The argument omits the rule’s express court-recall qualification.
- The messenger can reverse the recall order privately.
- Every recalled instrument automatically becomes an alias summons.
- A photocopy necessarily overrides the court’s order.
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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