Philippine Bar review · Question

Practice question: Personal

Multiple Choice Hard Jurisprudence

Practice question

A server walks into the adult defendant’s office but hands the papers only to a secretary, without offering them to the present defendant or informing the defendant. The return calls this Section 5 personal service. No separate service mode’s conditions are established. Which is sound?
  1. Any delivery anywhere in the office necessarily is personal service on every employee.
  2. Presence in the same office alone does not establish the required in-person act on the defendant.
  3. A secretary is always the natural defendant personally.
  4. The return’s label conclusively supplies the missing acts.
  5. A server may omit all factual description because an office was entered.

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
  • AM 19-10-20-SC, November 26, 2024, Rule 13-A Section 5, express preservation of Rule 14 for summons: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/99055

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