Philippine Bar review · Question

Practice question: Personal

Multiple Choice Medium Jurisprudence

Practice question

An authorized server meets the correctly identified adult defendant at a restaurant, hands over the complete summons copy and explains the service. The defendant receives it. No special immunity or contrary fact exists. Does the restaurant location alone defeat Section 5?
  1. Yes; only home delivery can be personal.
  2. Yes; service becomes mail merely because food is present.
  3. Yes; public places are always excluded.
  4. No.
  5. Yes; a defendant must first invite the server home.

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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