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De Pedro vs. Romasan Development Corporation 758 Phil. 706

AURORA N. DE PEDRO, PETITIONER, VS. ROMASAN DEVELOPMENT CORPORATION, RESPONDENT.

G.R. No. 194751 | 2014-11-26

SECOND DIVISION
 
D E C I S I O N

LEONEN, J.:

Regardless of the type of action — whether it is in personam, in rem or quasi in rem — the preferred mode of service of summons is personal service.  To avail themselves of substituted service, courts must rely on a detailed enumeration of the sheriff’s actions and a showing that the defendant cannot be served despite diligent and reasonable efforts.  The sheriff’s return, which contains these details, is entitled to a presumption of regularity, and on this basis, the court may allow substituted service.  Should the sheriff’s return be wanting of...