Practice question
For an incompetent defendant without a legal guardian, the plaintiff secures appointment of a guardian ad litem but serves neither that appointee nor the defendant. It says the appointment order itself completes summons. Which is sound?
- An appointment order is always a return of summons
- Appointment supplies a representative but is not the required service upon the identified recipients
- The guardian’s appointment automatically admits liability
- No service is required once a court acts
- The plaintiff may treat every appointed guardian as served
Legal references
- Current Rule14 Sections6–10 and20–21, AM19-10-20-SC: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- RA6809 Section1, majority at18 unless otherwise provided: https://lawphil.net/statutes/repacts/ra1989/ra_6809_1989.html
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