f. Proof

The following are the requisites and contents of a valid proof of service

• Made in writing by the server;
• Shall set forth the manner, place, and date of service
• Shall specify any papers which have been served with the process and the name of the person who received the same; and
• Shall be sworn to when made by a person other than a sheriff or his deputy. (Rule 14, Sec. 21)

The certificate of service of the process server of the court a quo is prima facie evidence of the facts as set out therein. This is fortified by the presumption of the regularity of performance of official duty. To overcome the presumption of regularity of official functions in favor of such sheriff’s return, the evidence against it must be clear and convincing. Sans the requisite quantum of proof to the contrary, the presumption stands deserving of faith and credit. (Guanzon v. Arradaza, G.R. No. 155392, 2006)

In the 2002 decision in the case of Samartino v. Raon et. al., (G.R. No. 131482, 2002) the Court said that:

“We have long 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.”