Practice question
A foreign entity has the Philippine business connection and no resident agent. The plaintiff claims any convenient government employee may receive summons because the rule mentions a government official. Which is correct?
- Any government employee is enough
- Only a barangay witness may select the official
- The government-official alternative refers to the official designated by law for that purpose, not every employee
- A government official can never be a lawful recipient
- The plaintiff may create the designation by writing it on the envelope
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 9, 14, 19 and 21, foreign private entities, leave, convention-consistent service and proof.
- https://oca.judiciary.gov.ph/wp-content/uploads/OCA-Circular-No.-254-2024.pdf — official OCA Circular 254-2024 reproducing AO 101-2024; section 2.1(a), outbound application for Philippine judicial documents by motion with leave in the court of the proceeding.
- https://assets.hcch.net/docs/97b5fe26-8361-467b-8e1e-b778f6d6bdd0.pdf — Supreme Court AO 101-2024, June 25, 2024, Philippine Hague Service Convention guidelines; apply where the Convention governs.
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