Practice question
In a parking area, a present defendant refuses receipt and signature after being informed of service. The server leaves the copy on a bench immediately before the defendant, within view and presence. Must the server physically attach the papers to the defendant’s clothing instead?
- Yes; papers must be fastened to the body.
- Yes; every refusal requires handcuffing.
- Yes; clothing attachment is the sole valid alternative.
- Yes; the defendant controls validity by refusing to touch the papers.
- No; Section 5 states the view-and-presence alternative.
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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