Practice question
An authorized server finds that the defendant is absent. Without meeting or informing the defendant, the server leaves summons on an empty doorstep and labels the act 'personal service under §5.' Is that characterization correct?
- Yes, any delivery to the correct street is personal service.
- Yes, absence is equivalent to refusal in the defendant's presence.
- Yes, a doorstep always counts as the defendant.
- Yes, if the server predicts that the defendant will later see it.
- No; the facts do not establish either personal handover and information or the refusal method within the defendant's view and presence.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, 2019 amendments, Rule14 §§1–5,13,20–23.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/99055 — AM19-10-20-SC, November26 2024, Rule13-A (express summons exception).
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