MANOTOC V. CA (REMEDIAL)

Jurisdiction over the defendant is acquired wither upon a valid service of summons or the defendant's voluntary appearance in court. When the defendant does not voluntarily submit to the court's jurisdiction or when there is no valid service of summons, any judgment of the court which has no jurisdiction over the person of the defendant is null and void.

In an action strictly in personam, personal service on the defendant is the preferred mode of service, that is, by handling a copy of the summons to the defendant in person. If defendant, for excusable reasons, cannot be served with the summons within a reasonable period, then substituted service can be resorted to. While substituted service of summons is permitted, it is extraordinary in character and in derogation of the usual method of service. Hence, it must be faithfully and strictly comply with the prescribed requirements and circumstanced authorized by the rules. Indeed, compliance with the rules regarding the service of summons is as much important as the issue of due process as of jurisdiction.

Requirements for Substituted Service

Section 8, Rule 14 of the Rules of Court which applies to this case provides:
If the defendant cannot be served within a reasonable time as provided in the preceding section [personal service on defendant], service may be effected (a) by leaving copies of the summons at the defendant's 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.

A meticulous scrutiny of the Sheriff's return readily reveals ABSENCE OF MATERIAL DATA ON THE SERIOUS EFFORTS TO SERVE THE SUMMONS ON MANOTOC IN PERSON. It cannot be determined how many times, on what specific dates, and at what hours of the day the attempts were made.

Further, it has not been shown that Sheriff exerted extraordinary efforts to locate Manotoc. Before resorting to substituted service, a plaintiff must demonstrate an effort in good faith to locate defendant through mode direct means.

To protect Manotoc's right to due process by being accorded proper notice as to the case against her, the substituted service of summons must be shown to have clearly complied with the rules.

Due to non-compliance with the prerequisites for valid service, the proceedings held before the trial court perforce, must be annulled.

The court a quo heavily relied on the presumption of regularity in the performance of official duty. Such presumption of regularity in the performance of official functions by the sheriff is not applicable in this case where it is patent that the sheriff’s return is defective.