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Vasquez

service on Vasquez's caretaker Raquel Bejer, the sheriff's return incorrectly

stated "Lazaro" as Vasquez's surname. 8
Another alias summons 9 was issued, also received by Bejer. The
second sheriff's return states:
SECOND DIVISION
THIS IS TO CERTIFY THAT on the 19th day of July 2000 the
undersigned sheriff caused the service of summons issued by the
[G.R. No. 165016. June 17, 2008.]
court in the above-entitled case together with the copy of the
complaint and annexes attached thereon upon defendant RONNIE
DOLORES MONTEFALCON & LAURENCE MONTEFALCON, S. VASQUEZ, by substituted service, thru his caretaker, RAQUEL
petitioners, vs. RONNIE S. VASQUEZ, respondent. BEJER, a person of sufficient discretion, who acknowledged the
receipt thereof at No. 10 Int. President Garcia St. Zone 6, Signal
Village, Taguig, Metro Manila, as evidenced by her signature
DECISION appearing at the lower portion of the original copy of summons.
WHEREFORE, said summons is hereby returned to the court
of origin DULY SERVED for its records and information.
QUISUMBING, J : p

Taguig for Naga City, July 19, 2000.

This petition for review assails the September 29, 2003 Decision 1 (SGD.)
and the July 19, 2004 Resolution 2 of the Court of Appeals in CA-G.R. CV ERNESTO G. RAYMUNDO, JR.,
No. 71944, which had reversed the May 28, 2001 Decision 3 of the Deputy Sheriff
Regional Trial Court (RTC), Branch 19, of Naga City in Civil Case No. RTC MTC BR 74
'99-4460. Taguig, Metro Manila 10

The facts culled from the records are as follows. On petitioners' motion, the trial court declared Vasquez in default for
failure to file an answer despite the substituted service of summons.
In 1999, petitioner Dolores P. Montefalcon filed a Complaint for 4
Vasquez was furnished with court orders and notices of the proceedings at
acknowledgment and support against respondent Ronnie S. Vasquez
his last known address, but these were returned as he had allegedly
before the RTC of Naga City. Alleging that her son Laurence is the
moved to another place and left no new address. 11
illegitimate child of Vasquez, she prayed that Vasquez be obliged to give
support to co-petitioner Laurence Montefalcon, whose certificate of live In 2001, the court granted petitioners' prayers, explaining that they
birth he signed as father. 5 According to petitioners, Vasquez only gave a had no ill-motive and that Dolores gave a truthful testimony. The court
total of P19,000 as support for Laurence since Laurence was born in 1993. added that Vasquez admitted the truth of the allegations by his silence. It
Vasquez allegedly also refused to give him regular school allowance further explained that Laurence's certificate of live birth, being a public
despite repeated demands. Petitioner Dolores added that she and Vasquez document, is irrefutably a prima facie evidence of illegitimate filiation. The
are not legally married, and that Vasquez has his own family. cEaCTS
trial court decreed: SAEHaC

A sheriff tried to serve the summons and complaint on Vasquez in WHEREFORE, by preponderant evidence, judgment is
Aro-aldao, Nabua, Camarines Sur. Vasquez's grandfather received them hereby rendered in favor of the plaintiffs Dolores Montefalcon and
as Vasquez was in Manila. Vasquez's mother returned the documents to her minor child Laurence Montefalcon and against defendant
Ronnie S. Vasquez who is hereby ordered to:
the clerk of court, who informed the court of the non-service of summons. 6
1. Acknowledge plaintiff Laurence Montefalcon as
Petitioners then filed a motion to declare Vasquez in default. The
his illegitimate child with Dolores Montefalcon;
court denied it for lack of proper service of summons. 7
2. Give support to the said minor in the amount of
In 2000, the court issued an alias summons on Vasquez at "10 Int. FIVE THOUSAND (P5,000.00) PESOS monthly commencing
President Garcia St., Zone 6, Signal Village, Taguig, Metro Manila" upon on June 1, 1993, the past support for eight (8) years in the
petitioners' motion. Albeit a Taguig deputy sheriff served it by substituted amount of FOUR HUNDRED EIGHTY THOUSAND
(P480,000.00) PESOS less the amount of NINETEEN
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THOUSAND (P19,000.00) PESOS previously given, shall be Petitioners justify the validity of substituted service as Vasquez had
paid promptly and the monthly support of FIVE THOUSAND left as overseas seafarer when the sheriff served the summons on July 19,
(P5,000.00) PESOS shall be paid not later than the end of 2000 in Taguig. Noting that Vasquez's seaman's book indicated that he left
each month beginning on July 31, 2001 and every end of the the country on January 24, 2000 and came back on October 12, 2000, they
month thereafter as prayed for in the complaint; and criticize the appellate court for anchoring its rulings on mere technicality.
3. Pay the sum of TEN THOUSAND (P10,000.00) Vasquez counters that because he was abroad, service of summons
PESOS and THREE THOUSAND (P3,000.00) PESOS as should have been personal or by publication as substituted service is
attorney's and appearance fees, respectively, and litigation proper only if a defendant is in the country. Vasquez also added that the
expenses of ONE THOUSAND (P1,000.00) PESOS. sheriff's return did not state that he exerted efforts to personally serve the
SO ORDERED. 12 summons. 17
In the same year, Vasquez surfaced. He filed a notice of appeal to In their reply, petitioners insist that a substituted service is the normal
which petitioners opposed. Appeal was granted by the court. 13 Before the method if one is temporarily away from the country as personal service
appellate court, he argued that the trial court erred in trying and deciding abroad or by publication are not ordinary means of service. 18
the case as it "never" acquired jurisdiction over his person, as well as in Simply put, the issues now for resolution are: (1) whether there is a
awarding P5,000-per-month support, which was allegedly "excessive and valid substituted service of summons on Vasquez to clothe the trial court
exorbitant." The appellate court noted that the service of summons on with jurisdiction over his person; and (2) whether he is obliged to give
Vasquez was "defective" as there was no explanation of impossibility of support to co-petitioner Laurence. HIEASa

personal service and an attempt to effect personal service, and decreed as

follows: CaEIST
To acquire jurisdiction over the person of a defendant, service of
summons must be personal, 19 or if this is not feasible within a reasonable
WHEREFORE, based on the foregoing premises, the instant
time, then by substituted service. 20 It is of judicial notice that overseas
appeal is GRANTED. The appealed May 28, 2001 Decision of the
Filipino seafarers are contractual employees. They go back to the country
Regional Trial Court of Naga City in Civil Case No. RTC '99-4460 is
hereby NULLIFIED and SET ASIDE. Accordingly, let this case be once their contracts expire, and wait for the signing of another contract with
REMANDED to the court a quo for further proceedings. the same or new manning agency and principal if they wish. It is therefore
common knowledge that a Filipino seaman often has a temporary
SO ORDERED. 14 residence in the urban areas like Metro Manila, where majority of the
Petitioners argued in their motion for reconsideration 15 that any manning agencies hold offices, aside from his home address in the
attempt at personal service of summons was needless as Vasquez already province where he originates. In this case, respondent Vasquez hails from
left for abroad. The appellate court, however, denied the motion. Hence, Camarines Sur but he has lived in Taguig City when the complaint was
this petition. filed. Notice may then be taken that he has established a residence in
either place. Residence is a place where the person named in the
Petitioners assign two appellate court errors: summons is living at the time when the service was made, even though he
I. was temporarily abroad at the time. As an overseas seafarer, Vasquez was
a Filipino resident temporarily out of the country. Hence, service of
THE COURT OF APPEALS ERRED IN HOLDING THAT THE
summons on him is governed by Rule 14, Section 16 of the Rules of Court:
RESPONDENT IN THIS CASE WAS NOT VALIDLY SERVED WITH
THE SUMMONS AND COMPLAINT IN CIVIL CASE NO. RTC '99- SEC. 16. Residents temporarily out of the Philippines. —
4460; AND THAT EcTDCI When any action is commenced against a defendant who ordinarily
resides within the Philippines, but who is temporarily out of it,
II. service may, by leave of court, be also effected out of the
THE COURT OF APPEALS ERRED IN ANNUL[L]ING AND Philippines, as under the preceding section. (Emphasis supplied.)
SETTING ASIDE THE TRIAL COURT'S DECISION (ANNEX "B") The preceding section referred to states:
FOR LACK OF JURISDICTION. 16
SEC. 15. Extraterritorial service. — When the defendant
does not reside and is not found in the Philippines, and the action
affects the personal status of the plaintiff or relates to, or the subject

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of which is, property within the Philippines, in which the defendant Employment Administration (POEA). Vasquez cannot deny that in his
has or claims a lien or interest, actual or contingent, or in which the contract of employment and seafarer's information sheet, both bearing
relief demanded consists, wholly or in part, in excluding the POEA's letterhead, his address in Metro Manila was what was correctly
defendant from any interest therein, or the property of the defendant mentioned in the alias summons that Bejer received. She must have
has been attached within the Philippines, service may, by leave of informed Vasquez one way or another of the suit upon his return in October
court, be effected out of the Philippines by personal service as 2000 after finishing his nine-month contract with Fathom Ship
under section 6; or by publication in a newspaper of general Management. TacADE

circulation in such places and for such time as the court may order,
in which case a copy of the summons and order of the court shall Thus, it is reasonable to conclude that he had enough time to have
be sent by registered mail to the last known address of the the default order set aside. The default judgment was rendered on May 28,
defendant, or in any other manner the court may deem sufficient. 2001. He also had enough time to file a motion for reconsideration. But he
Any order granting such leave shall specify a reasonable time, did nothing. The interregnum between the first but failed attempt at
which shall not be less than sixty (60) days after notice, within which personal service by the RTC of Naga City in Vasquez's place in Camarines
the defendant must answer. TACEDI
Sur to the final substituted service in Metro Manila by a Taguig RTC sheriff
Because Section 16 of Rule 14 uses the words "may" and "also", it is was almost eight months, a reasonable time long enough to conclude that
not mandatory. Other methods of service of summons allowed under the personal service had failed and was futile.
Rules may also be availed of by the serving officer on a defendant- Montalban v. Maximo 21 offers a rational and logical solution of the
seaman. issue. We held in said case that the normal method of service of summons
Ideally, Vasquez must be personally served summons. But was on one temporarily absent is by substituted service because personal
personal service of summons practicable? Conversely, was substituted service abroad and service by publication are not ordinary means of
service of summons justified? summoning defendants. Summons in a suit in personam against a
temporarily absent resident may be by substituted service as domiciliaries
Obviously, personal service of summons was not practicable since
of a State are always amenable to suits in personam therein. 22
the defendant was temporarily out of the country. To proceed with personal
service of summons on a defendant-seaman who went on overseas "Residence" is the place where the person named in the summons is
contract work — would not only be impractical and futile — it would also be living at the time when the service is made, even though he may be
absurd. temporarily out of the country at the time. A plaintiff is merely required to
know the defendant's residence, office or regular business place. He need
The impossibility of prompt personal service was shown by the fact
not know where a resident defendant actually is at the very moment of filing
that the Naga City-based sheriff purposely went to a barrio in Camarines
suit. He is not even duty-bound to ensure that the person upon whom
Sur to serve the summons personally on Vasquez. When service of
service was actually made delivers the summons to the defendant or
summons failed, said sheriff ascertained the whereabouts of Vasquez.
informs him about it. The law presumes that for him. It is immaterial that
Upon being informed that Vasquez was in Manila, the Naga court
defendant does not receive actual notice.
commissioned a Taguig City-based sheriff to serve the summons. Both the
Naga and Taguig sheriffs inquired about Vasquez's whereabouts, signifying As well said in Montalban:
that they did not immediately resort to substituted service. There was no . . . A man temporarily absent from this country leaves a
undue haste in effecting substituted service. The fact that the Naga court definite place of residence, a dwelling where he lives, a local base,
allowed a reasonable time to locate Vasquez to as far as Taguig shows that so to speak, to which any inquiry about him may be directed and
there was indeed no precipitate haste in serving the summons. where he is bound to return. Where one temporarily absents
In this case, we agree that the substituted service in Taguig was valid himself, he leaves his affairs in the hands of one who may be
reasonably expected to act in his place and stead; to do all that is
and justified because previous attempts were made by the sheriffs to serve
necessary to protect his interests; and to communicate with him
the summons, but to no avail. Diligent efforts were evidently exerted in the
from time to time any incident of importance that may affect him or
conduct of the concerned sheriffs in the performance of their official duty.
his business or his affairs. It is usual for such a man to leave at his
Also, the person who received the alias summons was of suitable age and home or with his business associates information as to where he
discretion, then residing at Vasquez's dwelling. There is no quarrel that it may be contacted in the event a question that affects him crops up.
was really Vasquez's residence, as evidenced by his employment contract, If he does not do what is expected of him, and a case comes up in
executed under the supervision and authority of the Philippine Overseas court against him, he cannot in justice raise his voice and say that
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he is not subject to the processes of our courts. He cannot stop a by the parent concerned; or in default of these two, by open and
suit from being filed against him upon a claim that he cannot be continuous possession of the status of a legitimate child or by any other
summoned at his dwelling house or residence or his office or means allowed by the Rules of Court and special laws.
regular place of business. acHDTE

Laurence's record of birth is an authentic, relevant and admissible

Not that he cannot be reached within a reasonable time to piece of evidence to prove paternity and filiation. Vasquez did not deny that
enable him to contest a suit against him. There are now advanced Laurence is his child with Dolores. He signed as father in Laurence's
facilities of communication. Long distance telephone calls and certificate of live birth, a public document. He supplied the data entered in
cablegrams make it easy for one he left behind to communicate with it. Thus, it is a competent evidence of filiation as he had a hand in its
him. 23 preparation. In fact, if the child had been recognized by any of the modes
Aside from, at present, various forms of texting and short message in the first paragraph of Article 172, there is no further need to file any
services by the ubiquitous cellular phones. action for acknowledgment because any of said modes is by itself a
consummated act. 28
More importantly, the letter of the law must yield to its spirit. The
absence in the final sheriff's return of a statement about the impossibility of As filiation is beyond question, support follows as matter of
personal service does not conclusively prove that the service is invalid. obligation. Petitioners were able to prove that Laurence needs Vasquez's
Such failure should not unduly prejudice petitioners if what was support and that Vasquez is capable of giving such support. Dolores
undisclosed was in fact done. Proof of prior attempts at personal service testified that she spent around P200,000 for Laurence; she spends P8,000
may have been submitted by the plaintiff during the hearing of any incident a month for his schooling and their subsistence. She told the lower court
assailing the validity of the substituted service 24 had Vasquez surfaced Vasquez was earning US$535 monthly based on his January 10, 2000
when the case was heard. In fact, he was declared in default. It was only contract of employment 29 with Fathom Ship Management and his seafarer
when a judgment against him was rendered by the trial court that he information sheet. 30 That income, if converted at the prevailing rate, would
questioned the validity of service of summons before the appellate court. be more than sufficient to cover the monthly support for Laurence.
Such failure to appear, and then later to question the court's jurisdiction
Under Article 195 (4) 31 of the Family Code, a parent is obliged to
over his person, should not be taken against herein petitioners.
support his illegitimate child. The amount is variable. There is no final
Between Vasquez's self-serving assertion that he only came to know judgment thereof as it shall be in proportion to the resources or means of
of the case when his mother told him about the trial court's decision and the giver and the necessities of the recipient. 32 It may be reduced or
the sheriff's return on the substituted service which carries a presumption increased proportionately according to the reduction or increase of the
of regularity, the latter is undoubtedly deserving of more faith and credit. necessities of the recipient and the resources or means of the person
The sheriff's certificate of service of summons is prima facie evidence of obliged to support. 33 Support comprises everything indispensable for
the facts set out in it. Only clear and convincing evidence may overcome its sustenance, dwelling, clothing, medical attendance, education and
presumption of regularity. Given the circumstances in the present case, we transportation, in keeping with the financial capacity of the family. 34 Under
agree that the presumption of regularity in the performance of duty on the the premises, the award of P5,000 monthly support to Laurence is
part of the sheriff stands. 25 reasonable, and not excessive nor exorbitant. DACTSa

On the second issue, the trial court's order must also be sustained. In sum, we rule that the Court of Appeals erred in invalidating the
Co-petitioner Laurence is legally entitled to support from the respondent, substituted service of summons and remanding the case. As there was
and the amount of P5,000 monthly set by the trial court is neither excessive valid substituted service of summons under the circumstances of this case,
nor unreasonable. THIECD
the lower court acquired jurisdiction over his person and correctly ordered
Article 175 of the Family Code of the Philippines mandates that
26 him to pay past and present monthly support to his illegitimate child as well
illegitimate filiation may be established in the same way and on the same as attorney's fees and litigation expenses to petitioners.
evidence as legitimate children. Under Article 172, 27 the filiation of WHEREFORE, the petition is GRANTED. The Decision dated
legitimate children is established by any of the following: (1) through record September 29, 2003 and Resolution dated July 19, 2004 of the Court of
of birth appearing in the civil register or a final order; or (2) by admission of Appeals in CA-G.R. CV No. 71944 are REVERSED and SET ASIDE. The
filiation in a public document or private handwritten instrument and signed Decision dated May 28, 2001 of the Regional Trial Court, Branch 19, Naga
City in Civil Case No. RTC '99-4460 is hereby REINSTATED.

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Costs against respondent. 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
SO ORDERED.
regular place of business with some competent person in charge thereof.
Tinga, Reyes, * Leonardo-de Castro, ** and Brion, JJ., concur.
21. No. L-22997, March 15, 1968, 22 SCRA 1070.
22. Id. at 1075-1078. Montalban further explained that the authority of a
Footnotes state over one of its citizens is not terminated by the mere fact of his
absence from the state. The state which accords him privileges and affords
1. Rollo, pp. 14-19. Penned by Associate Justice Elvi John S. Asuncion, protection to him and his property by virtue of his domicile may also exact
with Associate Justices Mercedes Gozo-Dadole and Lucas P. Bersamin reciprocal duties. . . . The responsibilities of that citizenship arise out of the
concurring. relationship to the state which domicile creates. That relationship is not
2. Id. at 34. dissolved by mere absence from the state. The attendant duties, like the
rights and privileges incident to domicile, are not dependent on continuous
3. Records, pp. 37-46. Penned by Pairing Judge Marino O. Bodiao, Sr. presence in the state. One such incident of domicile is amenability to suit
4. Id. at 1-3. within the state even during sojourns without the state, where the state has
provided and employed a reasonable method for apprising such an absent
5. Id. at 32. party of the proceedings against him. . . . The constitutional requirement of
6. Id. at 6-7, 14. due process exacts that the service be such as may be reasonably expected
to give the notice desired. Once the service provided by the rules
7. Id. at 15-16. reasonably accomplishes that end, the requirement of justice is answered;
8. Id. at 18-22. the traditional notions of fair play are satisfied; due process is served. DTAESI

9. Id. at 24. 23. Id. at 1079-1081.

10. Id. at 25. 24. Mapa v. Court of Appeals, G.R. Nos. 79374 & 82986, October 2, 1992,
214 SCRA 417, 428.
11. Id. at 26-29.
25. Madrigal v. Court of Appeals, G.R. No. 129955, November 26, 1999,
12. Id. at 45-46.
319 SCRA 331, 337.
13. Id. at 51.
RULES OF COURT, Rule 131, Sec. 3 (m)
14. CA rollo, p. 68.
SEC. 3. Disputable presumptions. — The following presumptions are
15. Id. at 69-73. satisfactory if uncontradicted, but may be contradicted and overcome by
other evidence:
16. Rollo, pp. 8-9.
xxx xxx xxx
17. CA rollo, pp. 56-59.
(m) That official duty has been regularly performed;
18. Rollo, pp. 74-76.
xxx xxx xxx
19. Rules of Court, Rule 14, Sec. 6.
26. Article 175. Illegitimate children may establish their illegitimate filiation
SEC. 6. Service in person on defendant. — Whenever practicable, the
in the same way and on the same evidence as legitimate children.
summons shall be served handing a copy thereof to the defendant in
person, or, if he refuses to receive and sign for it, by tendering it to him. DTAaCE The action must be brought within the same period specified in Article 173,
except when the action is based on the second paragraph of Article 172, in
20. Id. at Sec. 7. which case the action may be brought during the lifetime of the alleged
SEC. 7. Substituted service. — If, for justifiable causes, the defendant parent.
cannot be served within a reasonable time as provided in the preceding 27. Article 172. The filiation of legitimate children is established by any of
section, service may be effected (a) by leaving copies of the summons at the following:
(1) The record of birth appearing in the civil register or a final judgment; or

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