It is well-established that summons upon a respondent or a defendant must be served by handing a copy thereof to him in person or, if he refuses to receive it, by tendering it to him. Personal service of summons most effectively ensures that the notice desired under the constitutional requirement of due process is accomplished. The essence of personal service is the handing or tendering of a copy of the summons to the defendant himself, wherever he may be found; that is, wherever he may be, provided he is in the Philippines.
In the instant case, the Court finds that there was already a valid service of summons in the persons of respondent spouses Mogol. To recapitulate, the process server presented the summons and the copy of the complaint to respondent spouses at the courtroom of the MeTC of Manila, Branch 24. The latter immediately referred the matter to their counsel, who was present with them in the aforesaid courtroom. At the express direction of his clients, the counsel took the summons and the copy of the complaint, read the same, and thereby informed himself of the contents of the said documents. Ineluctably, at that point, the act of the counsel of respondent spouses Mogol of receiving the summons and the copy of the complaint already constituted receipt on the part of his clients, for the same was done with the latter’s behest and consent. Already accomplished was the operative act of “handing” a copy of the summons to respondent spouses in person. Thus, jurisdiction over the persons of the respondent spouses Mogol was already acquired by the MeTC of Manila, Branch 25. That being said, the subsequent act of the counsel of respondent spouses of returning the summons and the copy of the complaint to the process server was no longer material.
Furthermore, the instruction of the counsel for respondent spouses not to obtain a copy of the summons and the copy of the complaint, under the lame excuse that the same must be served only in the address stated therein, was a gross mistake. Section 6, Rule 14 of the Rules of Court does not require that the service of summons on the defendant in person must be effected only at the latter’s residence as stated in the summons. On the contrary, said provision is crystal clear that, whenever practicable, summons shall be served by handing a copy thereof to the defendant; or if he refuses to receive and sign for it, by tendering it to him. Nothing more is required. (Sansio v. Mogol, G.R. No. 177007, July 14, 2009)
In the instant case, the Court finds that there was already a valid service of summons in the persons of respondent spouses Mogol. To recapitulate, the process server presented the summons and the copy of the complaint to respondent spouses at the courtroom of the MeTC of Manila, Branch 24. The latter immediately referred the matter to their counsel, who was present with them in the aforesaid courtroom. At the express direction of his clients, the counsel took the summons and the copy of the complaint, read the same, and thereby informed himself of the contents of the said documents. Ineluctably, at that point, the act of the counsel of respondent spouses Mogol of receiving the summons and the copy of the complaint already constituted receipt on the part of his clients, for the same was done with the latter’s behest and consent. Already accomplished was the operative act of “handing” a copy of the summons to respondent spouses in person. Thus, jurisdiction over the persons of the respondent spouses Mogol was already acquired by the MeTC of Manila, Branch 25. That being said, the subsequent act of the counsel of respondent spouses of returning the summons and the copy of the complaint to the process server was no longer material.
Furthermore, the instruction of the counsel for respondent spouses not to obtain a copy of the summons and the copy of the complaint, under the lame excuse that the same must be served only in the address stated therein, was a gross mistake. Section 6, Rule 14 of the Rules of Court does not require that the service of summons on the defendant in person must be effected only at the latter’s residence as stated in the summons. On the contrary, said provision is crystal clear that, whenever practicable, summons shall be served by handing a copy thereof to the defendant; or if he refuses to receive and sign for it, by tendering it to him. Nothing more is required. (Sansio v. Mogol, G.R. No. 177007, July 14, 2009)
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