Mapa v CA

Facts:

High Peak Mining Exploration Corporation borrowed money from Land Bank, the latter acting as trustee. Loans are evidence by a Promissory Note (PN) but there was no further security attached for it. High peak failed to pay loans so LBP sent demand letters.  The PNs became the subject matter of a complaint for the recovery of sum of money where Deputy Sheriff Romulo Flores filed a return of service of summons stating that since Mapa (Chairman of High Peak) could not be found in the given business address( 2^nd flr, First Midland Condominium, Makati), he gave a substituted service to Susan dela Torre, an employee of the High Peak. Mapa filed a Motion to Dismiss on the ground that the service of summons was highly defective because the sheriff’s return did not show that the sheriff exerted efforts to personally serve the summons, thus substituted summons was not warranted.

Issue:

Whether or not there was a valid substituted service of summons.

Held:

Yes. The absence in the sheriff’s return of a statement about the impossibility of personal service does not conclusively prove that the service is invalid. It must be emphasized that the absence in the sheriff’s return of a statement about the impossibility of personal service does not conclusively prove that the service is invalid. While the sheriff’s return carries with it the presumption of regularity of duties, it does not necessarily follow that an act done in relation to duty was not done simply because it was not disclosed.

In the case, Mapa did not deny the statements made by the sheriff – that Susan is authorized to receive processes of this nature. Until rebutted by competent evidence, returns would enjoy the presumption of regularity. Thus, Susan may be deemed as an agent of High Peak to whom a substituted service of summons can be made.