Philippine Bar review · Question

Practice question: Return

Multiple Choice Hard

Practice question

A return states that a server visited a residence three times on the same date, found the defendant absent and then used substituted service. It gives no second date or detailed inquiries. The plaintiff argues that three visits necessarily establish all current requirements. Which is correct?
  1. The return does not establish the required attempts on at least two separate dates or the required inquiries.
  2. Three attempts on any one date conclusively satisfy the Rule.
  3. The number of attempts is wholly irrelevant.
  4. An absent defendant automatically waives the required return details.
  5. A server may replace the chronology with a request for default.

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules8§12,14§§20–23 and15.

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