460 Phil. 354
PANGANIBAN, J.:
"WHEREFORE, on the basis of what prescinds, the assailed resolution and orders issued by the public respondent are perforce ANNULLED and SET ASIDE. This pronouncement is nonetheless rendered without prejudice to the refiling of the same case by the private respondents with the court a quo."[3]
"On July 2, 1998, [petitioners] Patrick and Rafaela Jose lodged a complaint for specific performance against [respondents] Helen and Romeo Boyon to compel them to facilitate the transfer of ownership of a parcel of land subject of a controverted sale. The action was lodged before the Regional Trial Court of Muntinlupa which is presided by herein public respondent Judge N.C. Perello. On July 21, 1998, respondent judge, through the acting Branch Clerk of Court of Branch 276 of the RTC of Muntinlupa City, issued summons to the [respondents]. As per return of the summons, substituted service was resorted to by the process server allegedly because efforts to serve the summons personally to the [respondents] failed. On December 9, 1998, [petitioners] filed before the trial court an Ex-parte Motion for Leave of Court to Effect Summons by Publication. On December 28, 1998, public respondent issued an Order granting the Ex-parte Motion for Leave of Court to Effect Summons by Publication. On July 30, 1999, the respondent judge, sans a written motion, issued an Order declaring herein [respondents] in default for failure to file their respective answers. As a consequence of the declaration of default, [petitioners] were allowed to submit their evidence ex-parte. Ultimately, on December 7, 1999, respondent judge issued the assailed resolution, the dispositive portion of which reads as follows:Thereafter, respondents filed before the CA a Petition for certiorari under Rule 65 of the Revised Rules of Civil Procedure, questioning the jurisdiction of the regional trial court (RTC).`x x x Therefore, Spouses Helen and Romeo Boyon are directed to execute the necessary document with the effect of withdrawing the Affidavit of Loss they filed and annotated with the Register of Deeds of Makati City so that title `to the parcel of land subject of the Deed of Absolute Sale in favor of the Plaintiffs be transferred in their names. Thereafter the Register of Deeds of Makati City or Muntinlupa City may cancel Transfer of Certificate of Title No. 149635 of the Defendants and issue another to Plaintiff under the deed of sale, clean and free of any reported encumbrance.
`Defendants are also directed to pay Plaintiffs actual expenses in the amount of P20,000 and attorney's fees of P20,000 including costs of this suit.'x x x x x x x x x
"On January 5, 2000, [respondent] Helen Boyon, who was then residing in the United States of America, was surprised to learn from her sister Elizabeth Boyon, of the resolution issued by the respondent court. On January 18, 2000, [respondents] filed an Ad Cautelam motion questioning, among others, the validity of the service of summons effected by the court a quo. On March 17, 2000, the public respondent issued an Order denying the said motion on the basis of the defaulted [respondents'] supposed loss of standing in court. On March 29, 2000, the [respondents] once again raised the issue of jurisdiction of the trial court via a motion for reconsideration. On June 22, 2000, however, an Order was issued by the public respondent denying the said motion. The [petitioners] moved for the execution of the controverted judgment which the respondent judge ultimately granted."[4]
"A. The Honorable Court of Appeals erred in not holding that the assailed Resolution dated December 7, 1999 was already final and executoryIn sum, the main issue revolves around the validity of the service of summons on respondents.
"B. The Honorable Court of Appeals erred in giving due course to the Petition for Certiorari of private respondents despite the pendency of an appeal earlier filed
"C. The Honorable Court erred in not holding that the Petition for Certiorari was time barred
"D. The Honorable Court of Appeals erred in holding that the proceedings in the lower court are null and void due to invalid and defective service of summons and the court did not acquire jurisdiction over the person of the respondents."[6]
"Section 6. Service in person on defendant. - Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him.As can be gleaned from the above-quoted Sections, personal service of summons is preferred to substituted service. Only if the former cannot be made promptly can the process server resort to the latter. Moreover, the proof of service of summons must (a) indicate the impossibility of service of summons within a reasonable time; (b) specify the efforts exerted to locate the defendant; and (c) state that the summons was served upon a person of sufficient age and discretion who is residing in the address, or who is in charge of the office or regular place of business, of the defendant.[7] It is likewise required that the pertinent facts proving these circumstances be stated in the proof of service or in the officer's return. The failure to comply faithfully, strictly and fully with all the foregoing requirements of substituted service renders the service of summons ineffective.[8]
"Section 7. Substituted service. - If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at 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 regular place of business with some competent person in charge thereof."
"That efforts to serve the said Summons personally upon defendants Sps. Helen and Romeo Boyon were made but the same were ineffectual and unavailing for the reason that defendant Helen Boyon is somewhere in the United States of America and defendant Romeo Boyon is in Bicol thus substituted service was made in accordance with Section 7, Rule 14, of the Revised Rules of Court."[10]The Return of Summons shows that no effort was actually exerted and no positive step taken by either the process server or petitioners to locate and serve the summons personally on respondents. At best, the Return merely states the alleged whereabouts of respondents without indicating that such information was verified from a person who had knowledge thereof. Certainly, without specifying the details of the attendant circumstances or of the efforts exerted to serve the summons, a general statement that such efforts were made will not suffice for purposes of complying with the rules of substituted service of summons.
"x x x The pertinent facts and circumstances attendant to the service of summons must be stated in the proof of service or Officer's Return; otherwise, any substituted service made in lieu of personal service cannot be upheld. This is necessary because substituted service is in derogation of the usual method of service. It is a method extraordinary in character and hence may be used only as prescribed and in the circumstances authorized by statute. Here, no such explanation was made. Failure to faithfully, strictly, and fully comply with the requirements of substituted service renders said service ineffective."[12]Moreover, the requirements of substituted service of summons and the effect of noncompliance with the subsequent proceedings therefor were discussed in Madrigal v.Court of Appeals[13] as follows:
"In a long line of cases, this Court held that the impossibility of personal service justifying availment of substituted service should be explained in the proof of service; why efforts exerted towards personal service failed. The pertinent facts and circumstances attendant to the service of summons must be stated in the proof of service or Officer's Return; otherwise, the substituted service cannot be upheld. It bears stressing that since service of summons, especially for actions in personam, is essential for the acquisition of jurisdiction over the person of the defendant, the resort to a substituted service must be duly justified. Failure to do so would invalidate all subsequent proceedings on jurisdictional grounds."[14]Summons by