Civ Pro - Rule 14 (Service of Summons)

Question 1

The service of summons is the requirement of ?

Answer 1

due process
acquisition of JD over the person of the defendant

Question 2

the purpose of SoS is

Answer 2

to inform the defendant that an action has begun

to acquire JD over the person of the defendant

Question 3

Frias filed an action against Alcayde but service of summons was not served thus ___ and ___ are null and void. What would it take for it to avoid being null and void?

Answer 3

trial and judgement due to violation of due process

unless defn waives service of summons by voluntary appearing AND answering the suit
(again, even without a service of summons)

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Frias v. Alcayde

Question 4

review: how does the court acquire JD over the person of the plaintiff?

Answer 4

through their filing of complaint and payment of docket fees

Question 5

Frias took an action for a sum of money against Alcayde. Alcayde is aware of the action against him but was not given a SOS. Will the judgement be valid?

Answer 5

No. summons must still be served.

Question 6

how is JD acquired over the Res?

Answer 6

• seizure under the legal process
• as a result of institution of legal proceedings

Question 7

Guy filed an action against Gacot BUT it was improperly served. Gacot responded with motion to dismiss on the grounds of lack of JD, improper venue, and lack of cause of action. Has he voluntary appeared? Why or why not

Answer 7

Yes, he has voluntarily appeared.

Provided in section 23 of rule 14, a voluntary appearance is any motion to dismiss on the grounds aside from, or in addition to lack of JD over the person of the defendant.

Guy v. Gacot

Question 7

term: when objections to the JD of the court over the person of the defn is explicitly made and nothing else thereto

Answer 7

special appearance

Question 8

who issues the summons?

Answer 8

within 5 days from the receipt of plaintiff’s complaint and docket fees, Clerk of Court shall issue to the summon to the defendants.

Question 9

who serves the summons? (s3)

Answer 9

1. sheriff or his deputy, or other court officer OR the plaintiff together with the sheriff provided that all three failed to do so
2. if summons served outside the judicial region of court where the case is pending, plaintiff shall be authorized to cause the service of summons
3. if the plaintiff is a juridical entity, it shall notify the court in writing and name its authorized representative thru a board resolution, or secretary certificate authorize the person to serve the summons in behalf of the petitioner
4. if plaintiff misrepresent that defn was served the summons and later found out that the defn didn’t, the court will dismiss the case with prejudice, proceedings will be nullified and sanctions given to the plaintiff
5. if summons is returned without being served from any (0/1) or all of the defendants (1/3), the court shall order the plaintiff to cause the service of summons available under the Rules

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1.) The summons may be served by the sheriff, his or her deputy, or other proper court officer, and in case of failure of service of summons by them, the court may authorize the plaintiff - to serve the summons - together with the sheriff

2. In cases where summons is to be served outside the judicial region of the court where the case is pending, the
   plaintiff shall be authorized to cause the service of summons

3.If the plaintiff is a juridical entity, it shall notify the court, in writing and name its authorized representative
therein, attaching a board resolution or secretary’s certificate thereto, as the case may be, stating that such representative is duly authorized to serve the summons on behalf of the
plaintiff

4. If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be meted appropriate sanctions
5. If summons is returned without being served on any or all of the defendants, the court shall order the plaintiff to cause the service of summons by other means available under the Rules.

Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice

Question 10

what is an ex parte motion

Answer 10

it is a request or motion for consideration from one party without the presence and input of the other

Question 11

what is ad litem

Answer 11

appointed to act in behalf of a child or person who is not capable to represent themselves.

Question 12

knowledge check: current rules of court amended by

Answer 12

A.M. No. 19-10-20-SC

Question 13

What are the contents of the summons? (s2)

Answer 13

(A)
1.
- the name of the court and
- names of the parties to the action
2.
when authorized by court upon ex parte motion, ** an authorization of the plaintiff to serve the summons to the defendant
3.
notice stating that if no answer be filed by the defendant, the plaintiff will take judgement by default and may grant the relief prayed for

4. a direction when the defn must file his answer within the time fixed in the Rules

(B)
A copy of the complaint shall be attached to the original and each copy of the summons.

a copy of an order for the appointment of a guardian ad litem will be included if necessary to the original and each summons.

Question 14

what is the validity of summons?

Answer 14

summons are valid until they are duly served unless they are recalled by the court

Question 15

in case of loss or destruction of summons, the court may

Answer 15

upon motion

issue an alias summons

Question 16

when is there failure of the service of summons

Answer 16

there is failure when after unsuccessful attempts to personally serve the summons TO the address of the defendant in the complaint

Question 17

What is the proof and return of service?

Answer 17

within 30 calendar days from ISSUE of summons by CoC, the sheriff or person authorized by court shall complete its service

within 5 calendar days from the SERVICE of summons, the server will file to the court and serve a copy of the return to the plaintiff’s counsel personally, by registered mail, or by electronic means authorized by the ROC

section 20

Question 18

should substituted service have been effected, the return shall state the ff:

Answer 18

1.
the impossibility of prompt personal service within 30 calendar days from the issue and receipt of summon

2. the date and time of three attempts, on at least 2 different days
   to cause personal service AND details made to locate the defendant residing
3. name of the person above 18 and of sufficient discretion living there

name of the competent person in charge of the defendant’s office or regular place of business

name of the officer in charge of the condominium corporation or homeowner’s association

or its chief security officer in charge of the community or building where defendant may be found

Question 19

Uniformity of Summons Rules and Exceptions

Answer 19

• The rules on summons are uniformly applied across RTC, MTC, MeTC, MCTC, MTCC
• Exception (a): Differentiation is allowed only when a provision explicitly or implicitly applies to a specific court.
• Exception (b): Civil cases under the Rule on Summary Procedure follow a different set of rules.

Question 20

How may summons be served upon non-existent corporation? or those without juridical entity?

Answer 20

it may be served to either (a) to one of the defendant which binds all the other defendant or (b) the person in charge of the office but will not include those who have been officially severed from the corporation before the filing of the action

Question 21

service upon a prisoner

Answer 21

the service upon the prisoner must be done/effectuated by the officer managing the jail or institution or jail manager who is then a special sheriff

the jail warden shall file the return within 5 days from the receipt of the summon

Question 22

what if defn’ refuses to sign or acknowledge the summon?

Answer 22

Tender of summons - leaving the summons in the view and
presence of the defendant if the latter refuses to receive

Question 23

formal amendments when?

Answer 23

at any stage

Question 24

leave of court does what effect?

Answer 24

suspend the proceedings of the court.

Question 25

knowledge check: action for specific performance commonly called as

Answer 25

breach of contract

Question 26

SoS insofar as Alba v court of appeals is concerned

Answer 26

SC distinguish the purpose of SOS in personam - to acquire JD over the person of the defendant in rem/quasi-rem (merely satisfy due process)

Question 27

summons not allowed in action in personam

Answer 27

service by publication EXC when through diligence of service of summons, then when unknown identity or unknown wherarbouts

Question 28

how to serve summons to residents and temporarily outside of the Philippines ?

Answer 28

substituted summons and summons on publication

Question 29

service upon a domestic private juridical entity When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on:

Answer 29

President Managing Partner General Manager Corporate Secretary Treasurer or in-house counsel **wherever** they may be found or in their absence or unavailability, on their secretaries

Question 30

Service upon a foreign private juridical entity may be made on

Answer 30

(a) its resident agent designated in accordance with law for that purpose, or, if there be no such agent, (b) on the government official designated by law to that effect, or (c) on any of the officers or agents of said foreign entity within the Philippines

Question 31

Foreign private juridical entities NOT registered in the Philippines or have no resident agents, how may services of summons be given?

Answer 31

**with leave of court** **effected outside of Philippines** 1. **personal service** w/ the help of DFA through the appropriate court in the foreign country 2. **service by publication** once in the country where the defendant may be found AND serve a copy of summons and court order by *registered mail* to the last known address of the defendant 3. **facsimile** 4. **electronic means** with prescribed proof of service 5. by **other means as the court direct**, in its discretion, may direct

Question 32

A complaint was filed for specific performance with damages was filed against the DPWH Region III which is a mere agent of the Republic, what should the summons in this case should have been?

Answer 32

made on the Solicitor General

Question 33

how is substituted service made?

Answer 33

a. by leaving a copy of the service of summons at the defendant's residence **to a person** at least 18 years old **and** of sufficient discretion b. leaving a copy of the service to a competent person, one who takes correspondences for the defendant, in defendant's workplace c. by leaving copies to any officer of the homeowner's association or condominium corporation **OR** chief security officer in chareg of community or the building where defendant may be found d. through electronic mail to defendant's electronic address, **if** allowed by court

Question 34

summons by publication against a resident in an action in *personam* is permissible provided that:

Answer 34

GEN: summons by publication not applicable to in personam action EXC: - if the defendant's whereabouts & **identity** are unknown - if the defendant is **temporarily out** of the Philippines

Question 35

what is the process of a service upon a defendant whose whereabouts and identity is unknown?

Answer 35

within 90 **c.days** from the **commencement** of action, provided that the identity and whereabouts are unknown, **summons by publication** shall be effected **by leave of court** - in a newspaper of general circulation - AND in such places and for such time as the court may order

Question 36

is a procedural measure designed to temporarily defer the hearing of cases in which no immediate action is expected, but where no grounds exist for their outright dismissal. Under this scheme, an inactive case is kept alive but held in abeyance until the situation obtains in which action thereon can be taken

Answer 36

archiving of case

Question 37

service of summons upon a resident of the Phil who is temporarily out of the country may be any of the ff. modes:

Answer 37

BY LEAVE OF COURT: - personal service - substituted service - summons by publication - **provided in international conventions Phil is a party to** - **any manner** court deem sufficient

Question 38

Extraterritorial service of summons applies when

Answer 38

- when defn is a nonresident - when defn is not *found* in phil - when action is *in rem* and *quasi in rem*

Question 39

what are the actions involved in extraterritorial service of summons?

Answer 39

only specific actions of (in rem and quasi in rem) will justify extraterritorial service of summons such as - action affecting plaintiff's status - action where the property *within Phil* is of the defendant's lien or interest - action where the relief demanded is the exclusion of the property of the defn - action when the defendant's property has been attached in the Philippines

Question 40

An American tourist, while in the Philippines, incurred hotel bills of P2 million. Without paying his bills, he surreptitiously left the country. The hotel filed an action for a sum of money and, with leave of court, effected *summons by publication*. The defendant made no appearance in any form and judgment by default was rendered against him. Is he bound by the judgment?

Answer 40

No. A judgement in an in personam action requires the JD over the person of the defn to be effective. In this case, the tourist not within the territory of the Phil cannot be bound by the judgement. ========== He is not bound by the judgment because the same was rendered by the court without jurisdiction over his person. The summons by publication did not enable the court to acquire jurisdiction over him. Here, the action is one in personam.

Question 41

Mr. D is a balikbayan, a former Filipino, and a naturalized Canadian citizen. He visited the country to attend the funeral of his father from whom he inherited a parcel of land. He obtained a loan while in the Philippines and executed a real estate mortgage on his inherited land. He left without paying the debt. An action to foreclose the mortgage was filed. How may the court obtain jurisdiction over the person of Mr. D?

Answer 41

========================= There is no way. He is already out ofthe country. However, jurisdiction over the person of the defendant is not necessary and, hence, irrelevant under the facts of the case because the action for foreclosure is not an action in personam. A foreclosure suit is a quasi in rem action. In this kind of action, jurisdiction over the person of the defendant is not required. Summons by publication or other modes of extraterritorial service under Sec. 17 of Rule 14 is enough to acquire jurisdiction over the res. May the court, therefore, validly render a judgment in the foreclosure proceedings? The court can. It has jurisdiction over the res as long as summons by any ofthe means allowed underthe rules on extraterritorial service is effected. If however, upon learning of the suit he appears in the action, the court acquires jurisdiction over his person. The suit, in effect, becomes one in personam

Question 42

Mexicano, a tourist in the Philippines, by his employment of force and intimidation, contracted a marriage with Filipina, a hotel receptionist. When Mexicano left for Mexico to visit his parents, Filipina filed an action for annulment of the marriage with damages of P3 million. With leave of court, extraterritorial service of summons by publication in a newspaper of general circulation was effected. A copy of the summons and order of the court were also sent by registered mail to the last known address of Mexicano. The manner of summons was determined by the court to be the most sufficient under the circumstances. Mexicano did not appear in the action. The court later decreed the annulment of the marriage and awarded damages after all procedural and substantive requirements were complied with. Was the judgment validly rendered?

Answer 42

The judgment was validly rendered in so far as the decree of annulment is concerned. The action is one in rem since it affects the personal status of the plaintiff. In this kind of action, jurisdiction over the res is sufficient. Jurisdiction over the person of the defendant is NOT essential in this case so, whether or not there was jurisdiction over the person of Mexicano, this fact did not affect the authority of the court to decide on the issue of annulment. However, the judgment of the court awarding damages to Filipina is void as to the defendant. By its nature, a claim for damages is in personam. The court is without jurisdictionto award damages unless it has first acquired jurisdiction over the person of Mexicano. The only way by which this type of jurisdiction may be acquired in the case at bar is either through service in person upon Mexicano in the Philippines or by his voluntary appearance in the action. Neither of these occurred in the case under consideration

Question 43

what is the remedy of a plaintiff in order a court may try the case for a suit against a non-resident defn who a. have properties in the philippines b. outside the country

Answer 43

convert the action into a proceeding *in rem or quasi in rem* by **attaching the property of the defn.**