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BPI vs Sps Evangelista and Lts Philippines Corp

BANK OF THE PHILIPPINE ISLANDS, petitioner, vs. Spouses WILLIE and JULIE L. EVANGELISTA and LTS PHILIPPINES CORPORATION, respondents.

G.R. No. 146553 | 2002-11-27

D E C I S I O N

PANGANIBAN, J.:

A defect in the service of summons, which is apparent on the face of the return, does not necessarily constitute conclusive proof that the actual service has in fact been improperly made. In the interest of speedy justice, the trial court should immediately ascertain whether the defect is real and, if so, to cause the service of a new summons thereafter.

The Case

The Petition for Review before us assails the November 6, 2000 Decision[1] of the Court of Appeals (CA) in CA-GR SP No. 60081, as well as the December 27, 2000 CA Resolution[2] denying the Motion for Reconsideration. The dispositive portion of...