(i) Residents Temporarily Out of the Philippines

SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE THE PHILIPPINES

The defendant is a resident of the Philippines, and remains to be one, except that he is temporarily outside of the country. The provision does not provide for the length of time needed, as long as the defendant is certain to return, although it may not be known when.

In ANY suit against a resident of the Philippines, temporarily absent from the country, the defendant may be served by SUBSTITUTED service because he still leaves a definite place of residence where he/she is bound to return.

In addition, EXTRA-TERRITORIAL service [by personal service effected out of the Philippines OR by publication in a newspaper of general circulation in such places and for such time as the court may order] MAY be resorted to WITH LEAVE OF COURT.

Summons by publication against a NONRESIDENT in an action IN PERSONAM is NOT a proper mode of service.

Exception

When service may be effected OUT of the Philippines (as provided in extra-territorial service) for ANY ACTION involving residents who are TEMPORARILY out of the Philippines. (Rule 14, Sec. 18)

Persons Who Are INCOMPETENT to Serve As Executors/Administrators

• Minor
• Non-resident

While there is no statutory requirement that only residents may be appointed Executors / Administrators, the courts should not consent to the appointment of persons as administrators or guardians who are not personally subject to the jurisdiction of [Philippine courts]. (Guerrero v. Teran, GR No. L-4898, 1909).