Philippine Bar review · Question

Practice question: Substituted

Multiple Choice Hard

Practice question

A server's return says only that personal service was difficult and that papers were left with someone. It omits the dates and times of attempts, inquiries and the recipient's identity and qualifications. The plaintiff argues that the conclusory label substituted service supplies every missing fact. Which is correct?
  1. The label alone proves all prerequisites.
  2. Section 20 requires the return's specified details; a bare label does not establish them.
  3. The server need never identify a recipient.
  4. The requirement applies only to criminal warrants.
  5. The return must be accepted as complete merely because the plaintiff prefers it.

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 14, Sections 6 and 20–21.

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