Practice question
After the original summons is lost, the court properly issues an alias. The server then attempts substituted residence service by leaving the papers with a sixteen-year-old, although the current rule requires a resident at least eighteen and no other lawful recipient or mode is shown. The plaintiff argues alias issuance alone cures the recipient defect. Which is correct?
- An alias authorizes delivery to any child
- Issuance automatically proves valid service regardless of delivery
- Replacement process must still be served by a valid mode; alias issuance does not cure the stated recipient defect
- The alias converts the action into a criminal case
- A lost original eliminates every notice requirement
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 2–6 and 20–21, continuing validity, court recall, alias after loss or destruction, proper service and return.
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