This case has been cited 2 times or more.
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2012-11-26 |
BRION, J. |
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| In Santos, Jr. v. PNOC Exploration Corporation,[20] the Court authorized resort to service of summons by publication even in actions in personam, considering that the provision itself allow this mode in any action, i.e., whether the action is in personam, in rem, or quasi in rem. The ruling, notwithstanding, there must be prior resort to service in person on the defendant[21] and substituted service,[22] and proof that service by these modes were ineffective before service by publication[23] may be allowed for defendants whose whereabouts are unknown, considering that Section 14, Rule 14 of the Rules of Court requires a diligent inquiry of the defendant's whereabouts.[24] | |||||
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2009-06-16 |
PER CURIAM |
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| Indeed, since he himself rendered the service of notice on him impossible, the notice requirement cannot apply to him and he is thus considered to have waived it. The law does not require that the impossible be done. Nemo tenetur ad impossibile.[17] The law obliges no one to perform an impossibility. Laws and rules must be interpreted in a way that they are in accordance with logic, common sense, reason and practicality.[18] | |||||