[ SC ADMINISTRATIVE CIRCULAR NO. 59, November 19, 1989 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 59, November 19, 1989 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 59, November 19, 1989 ]

ADMINISTRATIVE SUPERVISION OF COURTS

TO :

ALL EXECUTIVE JUDGES AND ALL CLERKS OF COURT ACTING AS EX-OFFICIO SHERIFFS OF ALL REGIONAL TRIAL COURTS, SHARIA DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT :

SERVICE OF SUMMONS

Delays in court proceedings have been caused by faulty and erroneous implementation of Section 8, Rule 14, Rules of Court on Substituted Service of Summons.

The Trial Judges of all lower courts, as well as the Clerks of Court in their capacity as Ex-Officio Sheriffs together with the Deputy Sheriffs are reminded of the provision of Section 8, Rule 14, Rules of Court on substituted service as follows:

"Substituted service.- If the defendant cannot be served within a reasonable time as provided in the preceding section, service may be affected (a) by leaving copies of the summons at the defendant's dwelling house or residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof."

The manner of effecting substituted service as prescribed in Venturanza v. Court of Appeals, 156 SCRA 305, must be strictly complied with, thus:

"The substituted service should be availed only when the defendant cannot be served promptly in person. Impossibility of prompt service should be shown by stating the efforts made to find the defendant personally and the failure of such efforts. The statement should be made in the proof of service. This is necessary because substituted service is in derogation of the usual method of service.

"Substituted service is a method extraordinary in character, and hence may be used only as prescribed in the circumstances authorized by statue. Thus, the statutory requirements of substituted service must be followed strictly, faithfully, and any substituted service other than that authorized by the statue is considered ineffective."

For immediate compliance.

November 19, 1989.

(Sgd.) MARCELO B. FERNAN

Chief Justice