Practice question
A Philippine resident is on a three-month overseas assignment. At the resident’s continuing Philippine home, the server validly completes all current section 6 substituted-service requirements and leaves the papers with an adult of sufficient discretion residing there. Does temporary absence alone invalidate that otherwise proper local substituted service?
- Yes, any foreign trip invalidates all local service
- Yes, local service is forbidden until the assignment ends
- No, temporary absence does not itself foreclose otherwise proper substituted service at the continuing residence
- Yes, unless the receiving adult owns the house
- No, because any neighbor would have been sufficient
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 6, 9 and 17–19, substituted local service and service abroad on a temporarily absent resident.
- https://lawphil.net/judjuris/juri2006/sep2006/gr_170926_2006.html — Guiguinto Credit Cooperative, Inc. v. Torres, G.R. No. 170926, September 15, 2006, main decision distinguishing temporarily absent residents and proper service; current mode requirements and numbering come from amended Rule 14.
- https://oca.judiciary.gov.ph/wp-content/uploads/OCA-Circular-No.-254-2024.pdf — official OCA Circular 254-2024, AO 101-2024 outbound judicial-document application by motion with leave where the Hague Service Convention governs.
Answer this question in flashcards to review your response and continue practicing.