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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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FACTS: In a civil action for sum of money filed in the Regional Trial Court of Cebu City, the sheriff’s Return of Summons dated December 10, 2025 states: “Left copies with a security guard at the defendant’s office, after due attempt to serve personally; The guard acknowledged receipt; The defendant did not appear.” The plaintiff moves for default; the defendant moves to quash service on the ground that substituted service on a non-household member is invalid. (a) Identify the controlling doctrine governing Return of Summons and substituted service under Rule 14. (b) Distinguish between personal service and substituted service, and state what the Return must show to render the service valid in each case. (c) Apply to the facts: Is the substituted service on the security guard a valid service that confers jurisdiction? What remedy should the defendant pursue if service is improper?

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Clara

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