SUMMONS

RULE 14

PREPARED BY: JUSTIN DE JESUS

WHAT ARE SUMMONS?

Republic vs. Domingo:

• Summons – is the writ by which the defendant is notified of the action brought against him.
• An important part of notice, according to Sec. 2 of Rule 14, is a direction that the defendant
should answer the complaint within the period fixed by the Rules and that, unless he so
answers, plaintiff will take judgment by default and may be granted the relief applied for.
WHO ISSUES?

• CLERK OF COURT upon:

– Filing of the complaint
– The payment of the requisite legal fees

Section 1. Clerk to issue summons. — Upon the filing of the complaint and the payment of the
requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to the
defendants
WHO SERVES?

• SHERIFF
• HIS DEPUTY
• OTHER PROPER COURT OFFICER
• ANY SUITABLE PERSON AUTHORIZED BY COURT (FOR JUSTIFIABLE REASONS)
WHEN DEFENDANT RECEIVES
SUMMONS
• Knowledge by the defendant or its agents of an action filed against him does not dispense with
the need for summons.
• Whatever be the nature of the action involved, is to satisfy the requirements of procedural due
process.
• NOTE: STRICT COMPLIANCE RULE - modes of service must be strictly followed in order
that the court may acquire jurisdiction over the person.

EXCEPTION: Manotoc vs. CA: Without a valid service of summons, the court cannot acquire
jurisdiction over the person of the defendant UNLESS the defendant voluntarily submits to
the court’s jurisdiction.
EXCEPTION:

Section 20. Voluntary appearance. — The defendant's voluntary appearance in the action shall be
equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside
from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary
appearance.
CONTENT OF THE SUMMONS

• NAME OF THE COURT

• NAME OF THE PARTIES TO THE ACTION
• A DIRECTION THAT THE DEFENDANT ANSWER WITHIN THE TIME FIXED BY THE
RULES
• A NOTICE THAT, UNLESS THE DEFENDANT SO ANSWERS, THE PLAINTIDD WILL TAKE
JUDGMENT BY DEFAULT AND MAY BE GRANTED THE RELIEF PRAYED FOR.
• A COPY OF THE COMPLAINT SHALL BE ATTACHED TO THE ORIGINAL AND EACH
COPY OF THE SUMMONS.
RETURN AND PROOF OF SERVICE

• Completion of Service
• Within 5 days
• Serve a copy of the return (personally or by registered mail) to the plaintiff’s counsel
• Return summons to the clerk accompanied by proof of service
– Made in writing stating the manner, place and date of service
SERVICE OF SUMMONS UPON AN ENTITY
WITHOUT A JURIDICAL PERSONALITY
• Sec. 15, Rule 3: When two or more persons not organized as an entity with juridical
personality enter into a transaction, they may be sued under the name by which they are
generally or commonly known
• It may be effected upon all defendants by serving summons upon:
– Anyone of them
– Upon the person in charge of the office or of the place of business maintained in such name.
SERVICE UPON A PRIVATE DOMESTIC
JURIDICAL ENTITY
• President
• Managing partner
• General Manager
• Corporate Secretary
• Treasurer
• In-house counsel
SERVICE UPON A PRIVATE FOREIGN
JURIDICAL ENTITY
• Resident agent designated in accordance with law for that purpose
• On the government official designated by law to that effect
• Any officers or agents of said foreign entity within the Philippines.
SERVICE UPON A PRISONER

• Effected upon the prisoner by the officer having the management of such jail or institution.
• For this purpose, the JAIL MANAGER is deemed deputized as a special sheriff.
SERVICE UPON A MINOR OR
INCOMPETENT
• Made upon him personally
• On his legal guardian if he has one or if none,
• Upon the guardian ad litem
SERVICE UPON THE REPUBLIC OF THE
PHILIPPINES
• Sec. 13, Rule 14: THE OSG
PUBLIC CORPORATIONS

• Executive Head
• Such other officers as the law or the court may direct
SERVICE IN PERSON ON DEFENDANT

• Section 6. Service in person on defendant. — Whenever practicable, the summons shall be

served by handing a copy thereof to the defendant in person, or, if he refuses to receive and
sign for it, by tendering it to him.
• If he refuses to receive and sign it, the remedy of the server is to tender the summons to
the defendant.
• If person cannot be made promptly
– Indicate impossibility if summons within a reasonable time
– Specify the efforts exerted to locate the defendant
– State that summons was served upon a person of sufficient age and discretion who is residing in the
address or is in charge of the office or regular place of business of defendant
SUBSTITUTED SERVICE OF SUMMONS

• Leaving copies of the summons at the defendant’s residence

• Leaving copies of the summons at the defendant’s office or regular place of business.
SUMMONS BY PUBLICATION

• JOSE v. BOYON: summons by publication applies only when the action is in rem or quasi in rem.
• Summons by publication, however, against a resident in an action in personam is permissible
under the conditions set forth in the following rules:
– Sec. 14, Rule 14: where the identity or whereabouts of the defendants are unknown
– Sec. 16, Rule 14: when the defendant is a resident temporarily out of the Philippines.

– PUBLICATION: is a notice to the whole world that the proceeding has, for its object, to bar
indefinitely all who might be minded to make an objection of any sort against the right sought to be
established.
EXTRATERRITORIAL SERVICE OF
SUMMONS
• The defendant is a nonresident
• He is not found in the Philippines
• The action against him is either in rem or quasi in rem

Examples:
• Actions that affect personal status of the plaintiff
• Actions which relate to a property within the Philippines, which defendant claims an interest
• Actions in which reliefe demanded consists in excluding the defendant from an interest in property
located in the Philippines
• When defendant’s property has been attached in the Philippines.