Practice question
An authorized server identifies an adult defendant, explains that summons is being served and offers the copy. The defendant refuses to receive and sign. The server leaves it on the table immediately before the defendant, within the defendant's view and presence. Assuming all other requirements are met, which is correct?
- Service necessarily fails because there is no signature.
- The case must be abandoned permanently.
- The server must obtain the defendant's consent to being sued.
- The conduct follows Rule14 §5's refusal method.
- The server must instead give the copy to the plaintiff.
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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