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Question 2

2022 Bar · Remedial Law · 1 sub-question

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the lobby of Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the front desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds of confidentiality. The sheriff tried again the next day, but Kobe was in a conference until midnight. So, the following day, the sheriff left the summons and a copy of the complaint with MH's chief security officer (CSO), even as the CSO refused because Kobe had already checked out by then. The sheriff thereafter filed his return, stating the dates, times and places of his attempts, the name of the CSO, and the fact that the complaint was served with the summons. When Kobe did not file an Answer, Asya, Inc. moved to declare him in default. Was there a valid substituted service of summons? Explain briefly. (5 points)

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