by personal service as under Section 6; or by publication in a newspaper of general 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 be sent by
registered mail to the last known address of the defendant, or in any other manner the court may deem sufficient. Any
order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice,
within which the defendant must answer.
II.C
Jurisprudence has long settled that, with respect to residents temporarily out of the Philippines, the availability of
extraterritorial services does not preclude substituted service. Resort to substituted service has long been held to be
fair, reasonable and just. This Court has noted that a contrary, restrictive view is that which defeats the ends of
justice. It has been emphasized that residents who temporarily leave their residence are responsible for ensuring that
their affairs are in order, and that, upon their return, they shall attend to exigencies that may have arisen.
In Montalban v. Maximo:[76]
This brings us to the question of procedural due process. Substituted service . . . upon a temporarily absent resident,
it has been held, is wholly adequate to meet the requirements of due process. The constitutional requirement of 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 reasonably accomplishes that end, the requirement of justice is answered; the traditional
notions of fair play are satisfied; due process is served.
....
Chief Justice Moran shares this view. Commenting on Section 18, Rule 14, he states: "Since the defendant is
residing in the Philippines, jurisdiction over his person may be acquired by Philippine courts by substituted service of
summons under section 8. But extraterritorial service is allowed also by leave of court according to the above
provision [Section 18]." Justice Martin regards the word "residence" in Section 8 as "the place where the person
named in the summons is living at the time when the service is made, even though he may be temporarily out of the
state at the time."
This construction is but fair. It is in accord with substantial justice. The burden on a plaintiff is not to be enlarged with
a restrictive construction as desired by defendant here. Under the rules, a plaintiff, in the initial stage of suit, is merely
required to know the defendant's "dwelling house or residence" or his "office or regular place of business" — and no
more. He is not asked to investigate where a resident defendant actually is, at the precise moment of filing suit. Once
defendant's dwelling house or residence or office or regular place of business is known, he can expect valid service
of summons to be made on "some person of suitable age and discretion then residing" in defendant's dwelling house
or residence, or on "some competent person in charge" of his office or regular place of business. By the terms of the
law, plaintiff is not even duty-bound to see to it that the person upon whom service was actually made delivers the
summons to defendant or informs him about it. The law presumes that for him.
It is immaterial then that defendant does not in fact receive actual notice. This will not affect the validity of the
service. Accordingly, the defendant may be charged by a judgment in personam as a result of legal proceedings upon
a method of service which is not personal, "which in fact may not become actual notice to him," and which may be
accomplished in his lawful absence from the country. For, the rules do not require that papers be served on
defendant personally or a showing that the papers were delivered to defendant by the person with whom they were
left.
Reasons for the views just expressed are not wanting. A man temporarily absent from this country leaves a definite
place of residence, a dwelling where he lives, a local base, so to speak, to which any inquiry about him may be
directed and where he is bound to return. Where one temporarily absents 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 necessary to protect his
interests; and to communicate with him from time to time any incident of importance that may affect him or his
business or his affairs. It is usual for such a man to leave at his home or with his business associates information as
to where he may be contacted in the event a question that affects him crops up. If he does not do what is expected of
him, and a case comes up in court against him, he cannot in justice raise his voice and say that he is not subject to
the processes of our courts. He cannot stop a suit from, being filed against him upon a claim that he cannot be
summoned at his dwelling house or residence or his office or regular place of business.