-&N substituted service of su""ons was proper. R5N8: DS nder the Rules of Court ! the service of the su""ons should Erstl( be eected on the defendant hi"self whenever practicable. Such personal service consists either in handin, a cop( of the su""ons to the defendant in person! or! if the defendant refuses to receive and si,n for it! in tenderin, it to hi". The rule on personal service is to be ri,idl( enforced in order to ensure the realiFation of the two funda"ental obectives earlier "entioned. 5f! for ustiEable reasons! the defendant cannot be served in person within a reasonable ti"e! the service of the su""ons "a( then be eected either ;a< b( leavin, a cop( of the su""ons at his residence with so"e person of suitable a,e and discretion then residin, therein! or ; b< b( leavin, the cop( at his o#ce or re,ular place of business with so"e co"petent person in char,e thereof. The latter "ode of service is =nown as substituted service because the service of the su""ons on the defendant is "ade throu,h his substitute. There is no Guestion that Sheri 0edina twice atte"pted to serve the su""ons upon each of petitioners in person at their o#ce address! the Erst in the "ornin, of Septe"ber 1H! *+++ and the second in the afternoon of the sa"e date. ach atte"pt failed because 0acasaet and 3uiano were Ialwa(s out and not availableJ and the other petitioners were Ialwa(s rovin, outside and ,atherin, news.J %fter 0edina learned fro" those present in the o#ce address on his second atte"pt that there was no li=elihood of an( of petitioners ,oin, to the o#ce durin, the business hours of that or an( other da(! !e conc)u-e- t!at (u%t!e% atte"$ts to se%ve t!e" #n $e%son /#t!#n a %easona)e t#"e would be (ut#)e. !e c#%cu"stances (u)) /a%%ante- !#s conc)us#on. e /as not e$ecte- o% %eu#%e- as t!e se%v#n8 oce% to eect $e%sona) se%v#ce by all means an- at all times, cons#-e%#n8 t!at !e /as e$%ess) aut!o%#:e- to %eso%t to sust#tute- se%v#ce s!ou)- !e e una)e to eect t!e $e%sona) se%v#ce within a reasonable time. 5n that re,ard! what was a reasonable ti"e was dependent on the circu"stances obtainin,. -hile we are strict in insistin, on personal service on the defendant! we do not clin, to such strictness should the circu"stances alread( ustif( substituted service instead. 5t is the spirit of the procedural rules! not their letter! that ,overns.
