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Question
In a petition for damages filed in the RTC, summons is served on the defendant by a private process server named Neri, who is not a sheriff or deputy and has not been appointed by the court as a process server for this case. Neri hands the summons to the defendant at the latter's workplace and signs, "Served by private process server Neri." The defendant objects, contending that the service is void for lack of authority to serve summons.
(a) Identify the controlling doctrine on 'by whom made' and who may lawfully effect service of summons.
(b) Apply the doctrine to these facts and determine whether the service is valid.
(c) If the service is invalid, what is the proper remedy and what is the effect on the court's jurisdiction?