H. Summons (Rule 14) Flashcards
When Summons is issued
- Actions in personam –
a. To acquire jurisdiction over the person of the defendant; and
b. To give notice to the defendant that an action has been commenced against him (Umandap v. Sabio, Jr., G.R. No. 140244, 29 Aug. 2000)
- Actions in rem and quasi in rem – not to acquire jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process (Gomez v. CA, G.R. No. 127692, 10 Mar. 2004)
Who May Serve Summons
The summons may be served by the:
1. Sheriff;
2. Deputy of the sheriff;
3. Other proper court officer; or
4. Plaintiff, provided:
(FAJ)
a. There must be failure of service of summons by the sheriff or his deputy;
b. Authorized by the court;
c. The summons is to be served outside the judicial region of the court where the case is pending. (Sec. 3, Rule 14, ROC, as amended)
Validity of Summons
blank
Issuance of Alias Summons
lost or destroyed
The only time that alias summons may be issued by the court is when summons has been lost or destroyed. The issuance is upon motion. (Sec. 4, Rule 14, ROC, as amended)
Summons shall remain valid until duly served. (Ibid.
Personal Service
How effected
handing a copy & informing that he/she is being served
- By handing a copy of the summons to the defendant in person, and informing the defendant that he or she is being served; or
refuses to sign- leave within the view & in the presence
- If he or she refuses to receive and sign for it, by leaving the summons within the view and in the presence of the defendant. (Sec. 5, Rule 14, 2019 Amendments to the Rules of Civil Procedure; Sps. Manuel v. Ong, G.R. No. 205249, 14 Oct. 2014)
Locus of the Service is not controlling
Personal service of summons has nothing to do with the location where summons is served. A defendant’s address is inconsequential. The rule is clear in what it requires; personally handing the summons to the defendant (albeit tender is sufficient should the defendant refuse to receive and sign). What is determinative of the validity of personal service is, therefore, the person of the defendant, not the locus of the service. (Sps. Manuel v. Ong, ibid.)
SUBSTITUTED SERVICE
When allowed
It is allowed if, for justifiable causes, the defendant cannot be served personally after at least 3 attempts on 2 different dates. (Sec. 6, Rule 14, ROC, as amended)
Substituted Service-How effected
- By leaving copies of the summons at the defendant’s residence to a person at least 18 years of age and of sufficient discretion residing therein;
- By leaving copies of the summons at the defendant’s office or regular place of business with some competent person in charge thereof. A competent person includes, but is not limited to, one who customarily receives correspondences for the defendant;
- By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the officers of the homeowners’ association or condominium corporation, or its chief security officer in charge of the community or the building where the defendant may be found; and
- By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court. (Ibid.)
Requisites
When resorting to substituted service, the following statutory requirements must be strictly, faithfully, and fully observed:
(impossibility, person, effort, pertinent facts proving these circumstances)
- Indicate the impossibility of service of summons within a reasonable time;
- Specify the efforts exerted to locate the defendant; and
- State that the summons was served upon:
a. A person of sufficient age and discretion who is residing in the address, or
b. A person in charge of the office or regular place of business, of the defendant
- It is likewise required that the pertinent facts proving these circumstances be stated in the proof of service or in the officer’s return.
NOTE: The sheriff’s return must show the details of the efforts exerted to personally serve summons upon defendants or respondents, before substituted service or service by publication is availed. (De Pedro v. Romasan Development Corp., supra.
Impossibility of Prompt Service (2013, 2016,
2017 BAR)
It is only when the defendant cannot be served personally within a reasonable time that a substituted service may be made. Impossibility of prompt service should be shown by stating the efforts made to find the defendant personally and the fact that such efforts failed. This statement should be made in the proof of service. (Galura v. Math-Agro Corporation, G.R. No. 167230, 14 Aug. 2009)
Substituted Service of Pleadings and other
Papers vs. Substituted Service of Summons see p.111
SUMMONS BY PUBLICATION p.112
The rule in Sec. 16, Rule 14 (Rules of Court 2020) authorizes summons by publication in any action and the rule obviously does not distinguish whether the action is in personam, in rem, or quasi in rem. The tenor of the rule authorizes summons by publication whatever the action may be as long as the identity or whereabouts of the defendant is unknown. (Santos v. PNOC Exploration, Corporation, G.R. No. 170943, 23 Sept. 2008)
Within ninety (90) calendar days from the commencement of action, service may, by leave of court, be effected upon him or her by publication in the following situations:
(IW-RD)
1. The identity of the defendant is unknown;
- The whereabouts of the defendants are unknown and cannot be ascertained by diligent inquiry; (Sec. 16, Rule 14, ROC, as amended)
- The defendant is a resident of the Philippines but is temporarily out of the country; or
- In case the defendant does not reside and cannot be found in the Philippines, the remedy of the plaintiff in order to acquire jurisdiction to try the case is to convert the action into a proceeding in rem or quasi in rem by attaching the property of the defendant. (Philippine Commercial International Bank v. Alejandro, G.R. No. 175587, 21 Sept. 2007)
NOTE: Those enumerated from 1 to 3 applies to any action, which necessarily includes personal action. (Riano, 2019)
Summons by publication may be made only with leave of court.
Service of summons may be effected through publication in a newspaper of general circulation together with a registered mailing of a copy of the summons and the order of the court to the last known address of the defendant. (Riano, 2019) It can be done as a complementary to service of summons by publication, but it does not mean that service by registered mail alone would suffice.
NOTE: There is no service of summons solely by registered mail except as an additional requirement to service by publication
SERVICE UPON DEFENDANT WHOSE IDENTITY OR WHEREABOUTS IS UNKNOWN
In any action where the defendant is designated as an unknown owner, or the like, or whenever his or her whereabouts are unknown and cannot be ascertained by diligent inquiry, within 90 calendar days from the commencement of the action, service may, by leave of court, be effected upon him or her by publication in a newspaper of general circulation and in such places and for such time as the court may order.
Any order granting such leave shall specify a reasonable time, which shall not be less than 60 calendar days after notice, within which the defendant must answer. (Sec. 16, Rule 14, ROC, as amended)
SERVICE UPON RESIDENTS TEMPORARILY
OUTSIDE THE PHILIPPINES
When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily outside, service may, by leave of court, be also effected out of the Philippines, as under the preceding Section. (Sec. 18, Rule 14, ROC, as amended)
NOTE: “Dwelling house” or “residence” refers to the place where the defendant was living at the time when the service was made, even though he was temporarily out of the country. (Domagas v. Jensen, G.R. No. 158407, 17 Jan. 2005)
Section 17. Extraterritorial service. -
When the defendant does not reside and is not found in the Philippines, and the action
-affects the personal status of the plaintiff or relates to,
-or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent,
-or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein,
-or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under [S]ection [5];
or as provided for in international conventions to which the Philippines is a party:
or by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant,
or in any other manner the court may deem sufficient.
Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.
EXTRATERRITORIAL SERVICE,WHEN ALLOWED
- The defendant is a nonresident;
- He or she is not found in the Philippines; and
- The action against him is either in rem or quasi in rem
