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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. At best, the Return merely states the alleged whereabouts of respondents without
indicating that such information was verified from a person who had knowledge thereof.
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.
In the case at bar, the Returns contained mere general statements that efforts at personal service
were made. Not having specified the details of the attendant circumstances or of the efforts
exerted to serve the summons, there was a failure to comply strictly with all the requirements of
substituted service, and as a result the service of summons is rendered ineffective
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THE CONTROVERSY ALLEGED IS NOT RIPE FOR JUDICIAL DETERMINATION
BECAUSE THE CONDITION PRECEDENT OF BARANGAY CONCILIATION HAS
NOT BEEN COMPLIED WITH
The precise technical effect of failure to comply with the requirement of Section 412 of the Local
Government Code on barangay conciliation (previously contained in Section 5 of Presidential
Decree No. 1508) is much the same effect produced by non-exhaustion of administrative
remedies -- the complaint becomes afflicted with the vice of pre-maturity; and the controversy
there alleged is not ripe for judicial determination. The complaint becomes vulnerable to a
motion to dismiss.
There is no dispute herein that the present case was never referred to the Barangay Lupon for
conciliation before Aure and Aure Lending instituted Civil Case No. 17450. In fact, no
allegation of such barangay conciliation proceedings was made in Aure and Aure Lendings
Complaint before the MeTC. The only issue to be resolved is whether non-recourse to
the barangay conciliation process is a jurisdictional flaw that warrants the dismissal of the
ejectment suit filed with the MeTC.