Rule 14 –Service of summons grat of relief prayed for.
1. Clerk of court to issue summons to defendant filing of complaint and payment of fees.
2. Contents: directed to defendant, signed by the Clerk,under seal , conain bing name of court,
parties, diection for defendant to answer within prescriptive period, with notice that unless
answered plaintiff may take judgment by default and relief prayed for granted. Copy of the
complaint and order for appointment of guardian ad litem to be attached. But only technical
defect if not included.
- Voluntary appearance is equivalent to service of summons
- Amended complaint not including new cause of action, no need for another summons.
- Signing of compromise agreement and submitting to court equivalent to summons
- Based on original complaint, defendant declared in default; subsequently filed amended
complaint, new summons needed. Original complain deemed waived.
- Amended complaint with new cause of action – new summons needed.
- Defendant already appeared, amended complaint need only to be served upon him.
3. By whom served: Sheriff, deputy sheriff, other proper court officer,; for justifiable reasons, by any
suitable persons authorized by court.
4. Within five days after service,return of summons to be made, copy furnished plaintiff’s counsel
personally or by registered mail and eturn same to clerk who issued.; if unserved, copy of return o
plaintiff’counsel stating reasons for failing o serve within 5 days therefrom. Alisa summons to issue
; also in case of loss; If not served by authorized person, no jurisdiction over person.
Counsel to be notified that he may file motion to declare in default, or seek for issuance of alias
summons.
5 – Personal service – hand copy to defendant in person, if he refuses , tender it to him.
6 Substituted service – for justifiable reasons, defendant cannot be served personally. Substituted
service effected by leaving copy at defendant’s residence with person of suitable age, and discretion
then residing therein or leave copy at defendant’s office or regular place of business,with some
competent person in charge therein
- Modes of service: personal, substituted, by publication, and any other manner deemed
sufficient.
- In case of extraterritorial service, need for swending by mail at last known asddress.
- In actions in personam, defendant in the Philippines,by substituted service, as a basis, show
proof efforts were made to serve, otherwise invalid. But may be waived if not objected to.
7 On entity without juridical personality:
- Sued under name generally or commonly known – service upon any one of defendants or upon
person in charge of business , but not binding upon person no longer connected.
- Cannot initially sue, but if sued may file counterclaim (acceding to Regalado).
8.i Service upon prisoners –by officer having management of jail or institution who is deemed deputized
as a special sheriff for said purpose. He shall have to make a return.
9. Minors and incompetent – upon him personally and on his legal legal guardian or guardian D LITEM
whose appointment shall be applied for by plaintiff minor, or father or mother.
10 Domestic private entity : upon President, managing partner, general manager, corporate secretary,
in-house counsel.
11. Foreign private juridical entity which transacted business I Phil., upon resident agent designated in
accordance with law; in no such resident agent , on government official designated by law, or any
officer or agent in the Philippines.
- served upon govt.official designated by law – 30 days ot file answer; upon resident agent, 15 days.
12.Upon public corporation; RP. Sol gen,; Provinces and cities, executive head , officers designated,
13. Defendant whose identity is unknown or whereabouts unknown
- any action (in rem etc) if defendant unkn own, wheeabous unknown and canno be ascertained by
diligent inquiry, by leave of court, service by publication at such places and time as court may
determine.
14. Extra territorial service of summons –
- defendant does not reside and is not found in the Philippines, action affecting personal status of
plaintiff, or relates to , or subject of which is property within the Phil, in which defendant has a claim
Or claims an interest or lien, actual or contingent, or in which relief demanded connects in whole or in
part, in excluding the defendant from interest therein, or property attached within the Philippines,
service may be effected by leave of court, by personal service.or by publication ( copy of summons and
order of the court sent by registered mail at the latest known address, or in any manner the court may
find sufficient. Order to specify ( not less than 60 days) within which defendant could answer ( may be
more therefore).
15, Residents temporarily out of Phil., by leave of court , by substituted service of summons under
Sec.7.
16. Proof of service: in writing specifying manner, place and date of service, papers served and person
who received, sworn to if not made by sheriff.
17. By publication: affidavit of printer, aprincipal clerk etc , attached the publication, with affidavit
showing deposit of summons and order for publication in po0t office, postage prepaid directed to
defendant by registered mail at his last known address.
18. Voluntary appearance – equivalent to service of summons. Inclusion in a motion to dismiss of other
grounds other than lack of jurisdiction over person not deemed as voluntary appearance.
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