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    Montefalcon V Vasquez Digest

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    Jermone Muarip
    The court ruled that substituted service of summons on the respondent Vasquez was valid and justified. The sheriffs from Naga City and Taguig made diligent efforts to personally serve Vasquez by going to his home in Camarines Sur and inquiring about his whereabouts in Manila, showing personal service was impossible. The person who received the alias summons at Vasquez's residence was of suitable age and discretion. Vasquez had enough time between the failed personal service attempt and substituted service to have the default order set aside, but did not. The court concluded substituted service was appropriate given the nearly eight months between attempts at personal and substituted service.

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    Montefalcon V Vasquez Digest

    Uploaded by

    Jermone Muarip
    89 views1 page
    The court ruled that substituted service of summons on the respondent Vasquez was valid and justified. The sheriffs from Naga City and Taguig made diligent efforts to personally serve Vasquez by going to his home in Camarines Sur and inquiring about his whereabouts in Manila, showing personal service was impossible. The person who received the alias summons at Vasquez's residence was of suitable age and discretion. Vasquez had enough time between the failed personal service attempt and substituted service to have the default order set aside, but did not. The court concluded substituted service was appropriate given the nearly eight months between attempts at personal and substituted service.

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    Civil Procedure Rule 14

    Original Title

    Montefalcon v Vasquez Digest

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    The court ruled that substituted service of summons on the respondent Vasquez was valid and justified. The sheriffs from Naga City and Taguig made diligent efforts to personally serve Vasquez by going to his home in Camarines Sur and inquiring about his whereabouts in Manila, showing personal service was impossible. The person who received the alias summons at Vasquez's residence was of suitable age and discretion. Vasquez had enough time between the failed personal service attempt and substituted service to have the default order set aside, but did not. The court concluded substituted service was appropriate given the nearly eight months between attempts at personal and substituted service.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    89 views1 page

    Montefalcon V Vasquez Digest

    Uploaded by

    Jermone Muarip
    The court ruled that substituted service of summons on the respondent Vasquez was valid and justified. The sheriffs from Naga City and Taguig made diligent efforts to personally serve Vasquez by going to his home in Camarines Sur and inquiring about his whereabouts in Manila, showing personal service was impossible. The person who received the alias summons at Vasquez's residence was of suitable age and discretion. Vasquez had enough time between the failed personal service attempt and substituted service to have the default order set aside, but did not. The court concluded substituted service was appropriate given the nearly eight months between attempts at personal and substituted service.

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    © All Rights Reserved
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    of 1

    MONTEFALCON V VASQUEZ

    FACTS: in 1999, petitioner Dolores P. Montefalcon filed a Complaint for acknowledgment and
    support against respondent Ronnie S. Vasquez before the RTC of Naga City. Alleging that her son
    Laurence is the illegitimate child of Vasquez, she prayed that Vasquez be obliged to give support to
    co-petitioner Laurence Montefalcon, whose certificate of live birth he signed as father. According to
    petitioners, Vasquez only gave a total of P19,000 as support for Laurence since Laurence was born
    in1993. Vasquez allegedly also refused to give him regular school allowance despite repeated
    demands. Petitioner Dolores added that she and Vasquez are not legally married, and that Vasquez
    has his own family. Vasquez was declared in default for failure to answer the service of
    summons(substituted). The court ordered Vasquez to acknowledge Laurence and to pay P 5000
    monthly. In the same year, Vasquez surfaced. He filed notice of appeal to which petitioners
    opposed. Appeal was granted by the court. Before the appellate court, he argued that the trial court
    erred in tryingand deciding the case as it "never" acquired jurisdiction over his person, aswell as in
    awarding P5,000-per-month support, which was allegedly “excessive and exorbitant." The appellate
    court granted Vasquez’s contention.

    RULING: The impossibility of prompt personal service was shown by the fact that the Naga City-
    based sheriff purposely went to a barrio in Camarines Sur to serve the summons personally on
    Vasquez. When service of summons failed, said sheriff ascertained the whereabouts of
    Vasquez. Upon being informed that Vasquez was in Manila, the Naga court commissioned a
    Taguig City-based sheriff to serve the summons. Both the Naga and Taguig sheriffs inquired about
    Vasquezs whereabouts, signifying that they did not immediately resort to substituted
    service. There was no undue haste in effecting substituted service. The fact that the Naga court
    allowed a reasonable time to locate Vasquez to as far as Taguig shows that there was indeed no
    precipitate haste in serving the summons.
    In this case, we agree that the substituted service in Taguig was valid and justified because
    previous attempts were made by the sheriffs to serve the summons, but to no avail. Diligent efforts
    were evidently exerted in the conduct of the concerned sheriffs in the performance of their official
    duty. Also, the person who received the alias summons was of suitable age and discretion, then
    residing at Vasquezs dwelling. There is no quarrel that it was really Vasquezs residence, as
    evidenced by his employment contract, executed under the supervision and authority of the
    Philippine Overseas Employment Administration (POEA). Vasquez cannot deny that in his
    contract of employment and seafarers information sheet, both bearing POEAs letterhead, his
    address in Metro Manila was what was correctly mentioned in the alias summons
    that Bejer received. She must have informed Vasquez one way or another of the suit upon his
    return in October 2000 after finishing his nine-month contract with Fathom Ship Management.
    Thus, it is reasonable to conclude that he had enough time to have the default order set
    aside. The default judgment was rendered on May 28, 2001. He also had enough time to file a
    motion for reconsideration. But he did nothing. The interregnum between the first but failed
    attempt at personal service by the RTC of Naga City in Vasquezs place in Camarines Sur to the
    final substituted service in Metro Manila by a Taguig RTC sheriff was almost eight months, a
    reasonable time long enough to conclude that personal service had failed and was futile.

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