Letter head

1. Reference: Undated Memorandum on the above subject.

2. Above reference provides the Legal Opinion which anchors the basis for the
_______________________ to issue summons, subpoena or notice prior summoning
any personnel to appear during conduct of motu proprio investigation or any other
relevant inquiry being undertaken by their office.
3. Rule 18 (Service of Notices and Summons), Sections 1 to 3 of the Uniform
Rules of Procedure before the Administrative Disciplinary Authorities provide the
following:
Section 1. To whom and by whom served. All notices and summons to the
respondent shall be served by handling the same to the respondent in person, or,
if he refuses to receive and sign for it, by tendering it to him. The process server
of the disciplinary authority or IAS shall effect said service.
Section 2. How Served. All notices and summons to the respondent shall be
personally delivered to him at his official station or residence. If for any reason,
the respondent cannot be located thereat, the notices and summons shall be
served at his last known address as appearing in his personal file with the
Administrative Office. However, if service by the disciplinary authority, IAS or
Appellate Body cannot be accomplished under the foregoing modes, the notices
and summons directed to the respondent shall be endorsed to his Chief of Police
or equivalent supervisor who shall have the duty to serve the same to him
personally within five (5) days from receipt. In all cases, the Return shall be made
within twenty-four (24) hours from service, either personally or by registered mail.
Section 3. Constructive Service. If, for whatever justifiable reason, the
respondent cannot be served personally, service may be made by leaving a copy
of the notice and summons at the respondents official station.
xxx

4. In the case of Jose v. Boyon (G.R. No. 147369, October 23, 2003, 414 SCRA
216, 223-224), the Court ruled that the Return of Summons shows 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. xxx 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 (Sandoval II v.
HRET, et al., 433 Phil. 290, 309 (2002), citing Hamilton v. Levy, supra note
31; Spouses Venturanza v. Court of Appeals, 240 Phil. 306 (1987); Arevalo v.
Quilatan, supra note 23).
Petitioner further states that the presumption of regularity in the performance of
official functions must be applied to the present case. xxx The said argument, however,
is only meritorious, provided that there was a strict compliance with the procedure for
serving a summons. In the absence of even the barest compliance with the procedure

for a substituted service of summons outlined in the Rules of Court, the presumption of
regularity in the performance of public functions does not apply (Manotoc v. Court of
Appeals, et al., supra note 22, citing Domagas v. Jensen, supra note 26, at 677, which
cited Lam v. Rosillosa, 86 Phil. 447 [1950]).
5. Hence,
it
is
a
glaring
IMPROPER
practice
of
the
____________________________ to only issue Radio Messages in lieu of the
hierarchal modes (personal, substituted and constructive) of service of notice,
summons or subpoena for the purpose of summoning any ___________ member
within its jurisdiction during the conduct of motu proprio investigation or any other
relevant inquiry for that matter. The presumption of regularity in the performance of
official functions by merely utilizing Radio Messages as medium of summoning any
___________ member within its jurisdiction cannot rationalize the failure to comply the
procedure for serving summons, notice or subpoena, otherwise, it will run counter to
the precise intention of the Uniform Rules of Procedure before the Administrative
Disciplinary Authorities _________________________.
6. Respectfully submitted.