FIRST DIVISION
[G.R. No. 242373. December 5, 2018.]
RENNIE C. TAN, petitioner,vs. PACIFICO R. GONZALES, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated December 5, 2018 which reads as follows:
"G.R. No. 242373 (Rennie C. Tan v. Pacifico R. Gonzales, Jr.). — The motion for extension of time to file petition for review on certiorari dated October 24, 2018 is GRANTED. In any event, after review, the Court resolves to DENY the petition and AFFIRM the Court of Appeals' (CA) Decision dated May 3, 2018 and Resolution dated September 28, 2018 in CA-G.R. SP No. 153664 for failure to sufficiently show that the CA committed any reversible error in affirming the Decision of the Regional Trial Court.
As a rule, summons should be personally served on the defendant. When summons cannot be served personally within a reasonable period of time, substituted service may be resorted to. Service of summons by publication can be resorted to only if the defendant's "whereabouts are unknown and cannot be ascertained by diligent inquiry." In other words, personal service of summons is the preferred mode, and the rules on the service of summons other than by personal service may be used only as prescribed and only in the circumstances authorized by statute. Thus, the impossibility of prompt personal service must be shown, by stating that efforts have been made to find the defendant personally and that such efforts have failed, before substituted service may be availed. Furthermore, the rules must be followed strictly, faithfully, and fully as they are extraordinary in character and are considered in derogation of the usual method of service.
WHEREFORE, the petition is DENIED. The Decision dated May 3, 2018 and Resolution dated September 28, 2018 in CA-G.R. SP No. 153664 are AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court