Modes of service in Rule 13 as compared to Rule 14
Modes of Service Rule 13 Rule 14
Personal Service Court Summons shall
submissions be served by
may be served handing a copy
by personal thereof to the
delivery of a defendant in
copy to the person and
party or to the informing the
party’s counsel, defendant that
or to their he or she is
authorized being served;
representative
named in the If he or she
appropriate refuses to
pleading or receive and sign
motion; for it, by leaving
the summons
Leaving it in his within the view
or her office and in the
with his or her presence of the
clerk, or with a defendant.
person having
charge thereof;
If no person is
found in his or
her office, or his
or her office is
not known, or
he or she has
no office, then
by leaving the
copy, between
the hours of
eight in the
morning and six
in the evening,
at the party's or
counsel's
residence, if
known, with a
person of
sufficient age
and discretion
residing therein
Service by Mail Service by Applicable only for
registered mail extraterritorial service,
shall be made When the defendant
by depositing does not reside and is
the copy in the not found in the
post office, in a Philippines, and the
sealed action affects the
envelope, personal status of the
plainly plaintiff or relates to,
addressed to or the subject of which
the party or to is, property within the
the party's Philippines, in which
counsel at his or the defendant has or
her office, if claims a lien or
known, interest, actual or
otherwise at his contingent, or in which
or her the relief demanded
residence, if consists, wholly or in
known, with part, in excluding the
postage fully defendant from any
pre-paid, and interest therein, or the
with property of the
instructions to defendant has been
the postmaster attached within the
to return the Philippines, service
mail to the may , by leave of court,
sender after ten be effected by
(10) calendar publication in a
days if newspaper of general
undelivered; circulation in such
places and for such
If no registry time as the court may
service is order, in which case a
available in the copy of the summons
locality of either and order of the court
the sender or shall be sent by
the addressee, registered mail to the
service may be last known address of
done by the defendant, or in
ordinary mail any other manner the
court may deem
sufficient.
Substituted Service If the office and place If, for justifiable causes,
of residence of the the defendant cannot
party or his or her be served personally
counsel being after at least three (3)
unknown, service may attempts on two (2)
be made by delivering different dates, service
the copy to the clerk of may be effect:
court, with proof of (a) By leaving copies of
failure of both personal the summons at the
service and service by defendant's residence
mail. to a person at least
eighteen (18) years of
age and of sufficient
dissection residing
therein;
(b) 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;
(c) 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
(d) By sending an
electronic mail to the
defendant's electronic
mail address, if allowed
by the court.
Service by Electronic By sending an e- mail Applicable for Service
Means to the party's or of Domestic Private
counsel's electronic Juridical Entity, if the
mail address, or president, managing
through other partner, general
electronic means of manager, corporate
transmission as the secretary, treasurer, or
parties may agree on, in-house counsel of the
or upon direction of corporation, or their
the court. secretaries, or the
person who
customarily receives
the correspondence for
the defendant, receiver
or liquidator, in case of
domestic juridical
entity under
receivership or
liquidation, all refuses
to receive summons
despite at least three
(3) attempts on two (2)
different dates, service
may be made
electronically, if
allowed by the court,
as provided under
Section 6 of this Rule.
For Foreign Private
Juridical Entities, not
registered in the
Philippines, or has no
resident agent, service
may, with leave of
court be effected by
electronic means with
the prescribed proof of
service.
Service by Facsimile By sending a facsimile Applicable for Service
copy to the party's or of Domestic Private
counsel's given Juridical Entity, if the
facsimile number president, managing
partner, general
manager, corporate
secretary, treasurer, or
in-house counsel of the
corporation, or their
secretaries, or the
person who
customarily receives
the correspondence for
the defendant, receiver
or liquidator, in case of
domestic juridical
entity under
receivership or
liquidation, all refuses
to receive summons
despite at least three
(3) attempts on two (2)
different dates, service
may be made by
facsimile.
