Ma. Imelda Manotoc v. CA (Velaco, Jr.

, 2006) Doctrine: SC defined reasonable time For the plaintiff: 7days, expeditious processing of complaint. For the sheriff: to submit a return of summons, 15-30days, since at the end of each month, the clerk of court requires him to submit the same and the data is used for the Monthly Report of Cases. Facts: 1. Priv. Res. Trajano had filed a case for enforcement of a foreign judgment. (From Hawaii, re:wrongful death of deceased Archimedes Trajano committed by military intelligence officials of the Philippines- Trajano et al v. Imee Marcos) Based on the complaint, trial court issued a summons addressed to a condominium unit in Alexandria Apartment, Greenhills, Pasig City. 2. July 1993 Summons and copy of the complaint was allegedly served upon Macky de la Cruz, alleged caretaker of the pet. at the condominium. When petitioner failed to answer, she was declared in default. 3. Oct 1993Pet. by special appearance of counsel FILED: Motion to Dissmiss, on the ground of lack of jurisdiction over the person of the defendant. (1)The place was not her dwelling,(2)de la Cruz was neither representative, employee, or resident there, (3) procedure on substituted service was ignored, (4)she was in fact a resident of Singapore, (4) judgment if any was rendered, would be futile. 4. Pet Evidence: Testimony of Gonzales, that he only saw de la Cruz twice as a visitor. The condo was owned by Queens Park Realty. Priv. Res. Evi: Testimony of Robert Swift, lead counsel for plaintiffs in the Estate proceedings of Ferdinand Marcos, Jr. and participated in his deposition wherein the latter testified that their residence was at the condo in Pasig. 5. RTC: rejected the M to Dismiss. Presumption of regular performance of duty by the sheriff. CA: Affirmed. Disembarkation/Embarkation Card, were hearsay. The passport was not conclusive as to residence since the last two pages containing residence was not presented (boilerplate). Issue: w/n there was a valid substituted service of summons. Decision: NONE. For lack of cert. raqs for a valid subs service: detailed return of service and a person of suitable age and discretion residing in the house. 1. Acquisition of Jurisdiction: GN-Valid service of summons OR voluntary appearance in court. Service of summons in actions personam: GN should be by personal service. EXC: if for excusable reasons, cannot be served within a reasonable pd., then substituted service may be resorted to. 2. Requirement of a Valid Substituted Service. Rule 14 8 (Please see provision) A+B+C/D=valid! a. Impossibility of Service it must be shown that defendant cannot be served promptly. Reasonable time (in general) so much time as necessary under the circumstances for a reasonably prudent and diligent man to do conveniently what the contract/duty requires that should be done, having a regard for the rights and possibilities of loss.1 Reasonable time for the Plaintiff, for the sheriff see doctrine.
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Far Eastern Realty v. CA GR L-36549

THUS one month from the issuance of summons can be considered reasonable time with regards to personal service on the defendant. For subs. service to be available/ Impossibility of Service be proven: (1)there must be several attempts made by the sheriff, to personally serve the summons. Several Attempts at least 3 tries, preferably on at least two different dates. (2) sheriff must cite why such efforts were unsuccessful. b. Specific Details in Return must describe the facts and circumstances surrounding the attempted personal service. (rule in: Domagas v. Jensen) The form is prescribed in Handbook for Sheriffs. SC circ. No. 5 Nov 9, 1989: impossibility of personal service should be shown by stating the efforts made to find the def. personally and the failure of such efforts. c. A person of Suitable Age and Discretion then residing therein. A person of Suitable Age and Discretion one who is of full legal capacity 18yo. + enough discernment to understand the importance of summons. Discretion ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right, or wise, may be presupposed. (Websters Dictionary Definition) Thus: sufficient discretion, read English + fully realize it importance + relation of confidence that the info. Will get to defendant. Relation of Confidence such that the defendant would at least be notified. d. A Competent person in charge in the defendants office/regular place of business. Competent person one managing ofc/ business. Ex. President/manager. PLUS indiv has sufficient knowledge. ALL should be clearly and specifically described in the Return of Summons. 3. HERE INVALID Substitution of service. a. Lack of req.B Specific details in return. The return merely said that on many occasions several attempts No clear reason why these attempts failed. wanting in the details laid down in Domagas v. Jensen, not valid. Before: there was Umandap v. Sabio, Jr. : where despite efforts exerted to personally servefutile was held to be sufficient for valid subs. summons. Then: numerous, irregularities in summons, cases. NOW: Court rules that narration, written on broad and imprecise words will not suffice. Facts should be stated with more particularity and detail, no of attempts, dates and times of attempt, inquiries made to locate, names of occupants of the alleged residence, and reasons for failure. WHY: Because to allow them to do as before, would encourage routine performance of specific duties. = carelessness and laxity. b. Lack of req.C: de la Cruz, who did not sign the receipt of the summons, lacked the requirements of person of suitable age

REQs (1)Recepient must be of suitable age and understanding. (2)recipient must reside in the alleged house of defendant. HERE:both not complied with. Why a male caretaker for a female married. c. HENCE: Due to non-compliance, proceedings held before the trial court must be annulled. 4. Regarding presumption of regularity in the presumption of duties. NOT APPLICABLE in cases where act is patently defective. For if to apply: (1)Valid detailed accounting in Return of Summons. (2) It is patent that sheriffs return is defective. WHEREFORE REVERSED. The substituted service is HERE is VOID. All proceedings no jurisdiction, also void. Czarina Dee