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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A plaintiff sues Jadeon Innovations, Inc. in the Regional Trial Court. The summons is personally served on Elena Cruz, who is the officer in charge of Jadeon’s main office. Elena signs the return receipt, stating she is authorized to receive service for Jadeon Innovations. Jadeon later moves to dismiss, arguing the service was not personally made on a proper recipient under Rule 14. (a) Identify the persons upon whom service of summons on a domestic corporation may be personally made under Rule 14. (b) Is service on Elena Cruz valid? Explain your answer, with reference to the controlling rule. (c) If the service is invalid, what is the proper remedy to preserve jurisdiction and allow the case to proceed? Briefly explain.

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Yes. Any employee designated by the corporation to receive service can be valid, regardless of official status, provided the employee signs a receipt; Elena Cruz’s designation suffices for validity. No. Personal service on a domestic corporation is limited to the president and corporate secretary only; Elena Cruz, being a non-officer, cannot be a proper recipient, so service on her is invalid and the remedy is for the plaintiff to re-serve on a proper corporate officer. Yes. Elena Cruz, as the officer in charge of Jadeon’s main office, qualifies as a proper recipient; service may be personally made on the president, vice-president, corporate secretary, cashier, treasurer, officer in charge of the office, or the agent in charge of the office. Therefore, service on her is valid; if it were invalid, the remedy would be to re-serve on a proper recipient to preserve jurisdiction. Yes. If Elena Cruz is the officer in charge of Jadeon’s main office, she is a valid recipient; service on her is valid, and the complaint should remain on track without need for further remedies.

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