Practice question
Spouses are sued jointly as defendants. A server personally hands one spouse a copy of summons directed to that spouse and explains the service. The other spouse is absent and has neither been separately served nor voluntarily appeared. The plaintiff claims that marital status automatically makes the first delivery personal service on both. Which is correct?
- Rule14 §11 requires service on each spouse individually; service on one does not by itself establish service on the other.
- Marriage always makes one spouse a universal summons agent.
- The absent spouse is deemed physically present whenever the other is present.
- One spouse's receipt automatically waives every objection for the other.
- Jointly sued spouses never require summons.
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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