Practice question
A province is sued. An applicable court order expressly directs service on a designated provincial officer other than the executive head. The server follows that direction and documents proper delivery of the summons and papers. The province objects solely because the recipient was not the executive head. Which is correct?
- The objection necessarily succeeds because section 15 has no alternatives
- Every provincial employee would have been equally proper even without the order
- Section 15 recognizes another officer directed by the court, so the stated objection alone does not defeat the authorized service
- The order automatically resolves the merits against the province
- The plaintiff no longer needs to prove the underlying claim
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 2, 15 and 21, summons upon the Republic, local and like public corporations, and proof of service.
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