SUMMONS RULE 14
NATURE OF SUMMONS:
 To acquire jurisdiction over the person of the
defendant
 To inform the defendant that an acton has been
commenced so that he may be given an
opportunity to be heard on the claim against
him.
Purpose of summons in action in personam
a. To satisfy the requirement of due process
b. To acquire jurisdiction over the person of the
defendant
1. Valid service of summons; or
2. Voluntary appearance before the court
 Lack or defect in the service of summons may
be cured by a voluntary appearance
 Voluntary appearance : when the defendant
files an answer or by seeking an affirmative
relief
Ex. Motion to admit answer, for
additional time to file an answer, for
reconsideration, to set aside the order of
default
 Conditional appearance (special appearance)
cannot be considered as voluntary appearance
Ex. Filing a motion to dismiss on the
ground of lack of jurisdiction over his person
(inclusion of other grounds will not be deemed
a voluntary appearance)
Purpose of summons in action in rem and quasi In rem
 The court is not concerned with acquiring
jurisdiction over the person of the defendant. It
is the acquisition of jurisdiction over the RES
which principally matter
1. By seizure of the property under legal
process whereby it is brought under the
custody of the law; or
2. As a result of the institution of legal
process where the power of the court is
recognized and made effective
 This does not mean that summons may be
dispensed with; Notice to defendant is not for
the purpose of acquiring jurisdiction but to
comply with the requirements on due process.
 COC issued summon
 Upon filing of the complaint and payment of
legal fees, summons shall be issued
 Summons directed to the defendant
 Sheriffs serves the summons, his deputy or
other court officer
 CONTENTS: a direction to answer the complaint
and unless he answers, defendant will be
declared in default. Copy of the complaint shall
be attached
 After service, the server shall within 5 days,
serve a copy of the return personally or by
registered mail to the plaintiff’s counsel and
shall return the summons to the clerk of court
who issued it.
 Rules in summons shall be uniform to all courts
Service upon entity without juridical personality
 Upon any of them or upon the person in charge
of the office or place of business. The service
shall not bind individuals whose connection was
severed before the action was brought
Service upon the prisoner
 service shall be effected upon him by the officer
having the management of such jail or
institution ( jail manager is deemed deputized
as special sheriff)
Service upon minor or incompetent
 Serve upon him and his legal guardian. If none,
to his guardian ad litem. Appointment of
guardian ad litem is by appointment of the
plaintiff
 If defendant is a minor, service to minor and his
father or mother.
Service upon domestic private juridical entity
 President, general manager, managing partner,
corporate secretary, treasurer and in house
counsel
Service upon private foreign juridical entity
 Resident agent or in no agent, on the
government official designated by law to that
 effect, or in any of the officers or agent of said
foreign entity within the Philippines.
If for justifiable cause, defendant cannot be served
within a reasonable time, service may be effected by:
Service upon private foreign juridical entity not
registered or have no resident agents
With leave of court, service may be effected out of the
Philippines
 By personal service coursed through
appropriate court in the foreign country with
assistance of DFA
 By publication in a newspaper of general
circulation in the country where the defendant
may be found and serving a copy to his last
known address
 Facsimile or any recognized electronic means
that could generate proof of service
 Such other means as the court may in its
discretion
Service upon the republic of the Philippines
 Solicitor general
Service upon public corporation
 On its executive head or such other officer or
officers as the law or court may direct
SERVICE IN THE PERSON OF THE DEFENDANT
Whenever practicable, service shall be made by:
a. Handling a copy to the defendant; or
b. By tendering it to him if he refuses
 Preferred mode of service of summons
 Tender is not a separate mode of service. It is
part of service in the person of the defendant
SUBSTITUTED SERVICE OF SUMMONS
a. By leaving copies of the summons at the
defendant’s residence; or
b. To a person of suitable age and discretion
residing therein.
c. Leaving copies of the summons at the
defendant’s office or regular place of business.
- Competent person in charge of the office or
regular place of business ( ex. President or
manager or appears to be in charge)
 A person of suitable age and discretion: must
have enough discernment to understand the
importance of summons. A person must have a
relation of confidence to the defendant,
ensuring that the Katter would receive or at
least be notified of the receipt of summons
 Substituted service is Permitted only when the
summons cannot be promptly served on the
defendant in person and after stringent and
formal requirements have been complied with
 The impossibility of prompt service should be
shown by stating in the proof of service that
efforts were made to find the defendant
personally and that said efforts failed; hence,
resort to substituted service
 REASONABLE TIME: there must be several
attempts by the sheriffs to personally serve
within a reasonable period of one month.
Several attempts means at least 3 tries
preferably on at least 2 different dates.
 In an action in personam where the defendant
is temporarily absent in the Philippines,
defendant may be served by substituted service
of summons because a man temporarily outside
leaves definite place of residence or dwelling
where he intends to return. He leaves his
affairs to someone who protects his interests
 SUMMONS BY PUBLICATION  A RESIDENT DEFENDANT temporarily outside of
the Philippines may be served by substituted
 As a general proposition, Available only in
service of summons
action in rem or quasi in rem
 Summons by publication, however, against a
resident of the Philippines in an action in
EXTRATERRITORIAL SERVICE OF SUMMONS
personam is permissible under the following
rules Requisites:
a. Where the identity or whereabouts of
a. Non-resident defendant
the defendant is unknown (sec.14)
b. Not found in the Philippines
b. When the defendant is temporarily out
c. Action is in rem or quasi in rem
of the Philippines (sec. 16)
In short, does not apply to a resident defendant and in
In sections 14 and 16, both provisions apply to “any
an action in personam
actions
Actions involved:

a. Actions that affect personal status of the

I. Service upon a defendant whose identity or
plaintiff
whereabouts are unknown
b. Actions which relate to, or the subject matter of
which is property within the Philippines, in
 By leave of court
which the defendant claims a lien or interest ,
 In ANY ACTION
actual or contingent
 Service is effected upon him by PUBLICATION in
c. Actions in which the relief demanded consists,
a newspaper of general circulation in such
wholly or in part, in excluding the defendant
places and for such time as the court may order
from an interest in property located in the
Philippines.
 IN AN ACTION IN PERSONAM, if the defendant
d. When the property of defendant has been
cannot be served with summons, the remedy is
attached in the Philippines
not to dismiss but to hold the case in the
archives.
There is no extraterritorial service of summons in an
action in personam
II. Service upon a defendant temporarily out of
In an action in personam, if the defendant is a
the Philippines
NON-resident, service of summon must be given to him
personally while he is in the Philippines. This is the only
way of acquiring jurisdiction if he does not voluntarily
 the defendant is ordinarily resides in the
appear. If he is not in the Philippines, the court cannot
Philippines but is temporarily out of the
hear and decide cases against him. Summon by
Philippines
publication is not a proper mode.
 service by leave of court
 in ANY ACTION  What could be the remedy: if the nonresident
 modes of service under the “preceding section: defendant has properties in the Philippines, the
section 15” thus: remedy is to file the suit and, at the same time,
a. by personal service avail of the provisional remedy of preliminary
b. by publication in a newspaper of attachment ( note: in rule 57, one of the
general circulation together with a grounds for preliminary attachment is any
registered mailing of a copy of the action against a party who does not reside and
summons and order of the court to the is not found in the Philippines)
last known address  After attachment, the action ceases to be an in
personam action and assumes the character of
 an action quasi in rem, which merely requires
jurisdiction over the res. extraterritorial service
of summon can now be availed

Possible exception is if the defendant is a private

juridical entity, not registered and no resident agent,
summons may be served:

 By personal service coursed through

appropriate court in the foreign country with
assistance of DFA

 By publication in a newspaper of general

circulation in the country where the defendant
may be found and serving a copy to his last
known address

 Facsimile or any recognized electronic means

that could generate proof of service

 Such other means as the court may in its

discretion

Modes of extraterritorial service: with leave of court

a. By personal service
b. By publication in a newspaper of general
circulation in such places and for such time as
the court may order, in which case, copy of the
summon and other order of the court shall be
sent by registered mail to the last known
address of the defendant
c. In any manner the court may deem sufficient