Practice question
A husband is personally served for himself. Separate copies for the wife are also delivered to him at her residence after the required attempts and justified inability to serve her personally. He is over eighteen, sufficiently discreet and resides there. All other prerequisites are proved. Is marriage itself a bar to the wife’s substituted service?
- No; the independent Rule14 Section6 requirements, not automatic marital agency, support that service
- Yes; a spouse can never receive substituted summons
- Yes; separate copies are forbidden
- No prerequisites were needed because he is married
- Only the wife’s personal signature can ever suffice
Legal references
- Current Rule14 relevant Sections5–6,11–12,14–16 and19–23: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html Individual spouse service and substituted residence service.
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