Philippine Bar review · Question

Practice question: Alias Summons

Multiple Choice Hard

Practice question

A server loses the original before service and privately prepares a replacement without obtaining court-issued alias process. The plaintiff argues that the original court seal can be described in the return instead of obtained. No other valid process exists. Which is correct?
  1. The Section4 court-issuance mechanism has not been followed
  2. A description of a seal creates official process
  3. Any private replacement binds the defendant
  4. The courier may issue judicial process
  5. The defendant’s silence authorizes forgery

Legal references

  • Current Rule14, AM19-10-20-SC: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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