This case has been cited 1 times or more.
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2015-07-06 |
PERALTA, J. |
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| Section 13. Service upon private domestic corporation or partnership. — If the defendant is a corporation organized under the laws of the Philippines or a partnership duly registered, service may be made on the president, manager, secretary, cashier, agent, or any of its directors.[8] In the past, the Court upheld service of summons upon a construction project manager, a corporation's assistant manager, ordinary clerk of a corporation, private secretary of corporate executives, retained counsel, and officials who had control over the operations of the corporation like the assistant general manager or the coiporation's Chief Finance and Administrative Officer. The Court then considered said persons as "agent" within the contemplation of the old rule. Notably, under the new Rules, service of summons upon an agent of the corporation is no longer authorized.[9] The rule now likewise states "general manager" instead of "manager"; "corporate secretary" instead of merely "secretary"; and "treasurer" instead of "cashier."[10] It has now become restricted, limited, and exclusive only to the persons enumerated in the aforementioned provision, following the rule in statutory construction that the express mention of one person excludes all others, or expressio unios est exclusio alterius. Service must, therefore, be made only on the persons expressly listed in the rules.[11] If the revision committee intended to liberalize the rule on service of summons, it could have easily done so by clear and concise language.[12] | |||||