RULE 14

summons

Section 1 . Clerk to issue summons .

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Unless the complaint is on its face dismissable

under section 1 Rule 9 the court shall within five (5) ccilendar days from
, ,

receipt of initiatory pleading

the and
proof of payment of the
requisite
legal fees direct the clerk of court
,
to issue the
corresponding summons
to the
defendants.

Sec 2 Contents The summons shall be directed to the defendant , signed by the
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derk of court under seal , and contain :

d) The name
of the court and the names of the parties to the action
;
b) When authorized the court upon parte motion , authorization
by ex an

for plaintiff to
the serve summons to the defendant ;
2) A direction that the time fixed by these
defendant answer within the
Rules ; and
d) Anotice that unless the defendant so answers,
plaintiff will take judgment
by default and may be granted the relief applied for

copy of the complaint and order for appointment of guardian

A ad
liter
, if any ,
shall be attached to the original and each copy of the
summons .
Sec 3 The summons the
By whom served be served by sheriff , his
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may or

her deputy or ,
other
proper court
officer , and in case
of failure of
Service by summons by them ,
the court may authorize the plaintiff-to
serve the summons-together with the Sheriff -

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

If the plaintiff is ajuridical 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 maybe , stating that such representative is
duly
authorized to serve the summons on behalf of the plaintiff-
and it
plaintiff misrepresents that the defendant was served summons ,
I the
is later
proved that no summons was served the case shall by dismissed ,
with

prejudice the proceedings shall be nullified and the plaintiff shall be

, ,
meted

appropriate sanctions-
without
If summons is returned being served on
any or all the dependants ,

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 -
See 4 Validity of summons and issuance of alias summons
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Summons shall remain

valid until duly served unless it is recalled by the court. In case loss or
,
of
destruction alias summons -
of summons , the court may , upon motion , issue
an

There is
failure of service after unsuccessful attempts to personally serve the
summons on the defendant in his or her address indicated in the complaint .

substituted service should be in the manner provided under section b of this

Ryle .

Sec Service
5. in person defendant. Whenever practicable the summons shall
on
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,
be served by handing a
copy thereof to the defendant in person and informing
the defendant that he or she is being served
,
or
if he she refuses
or to

receive and sign for it

, by leaving the summons within the view and in the

presence of the defendant.

Sec Substituted service If for justifiable

.
6 causes the
defendant cannot
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three (3)
be served personally after at least attempts on two (2)

different dates , service may be effected :

a)
By leaving copies of the summons at the defendant) residence to a
person
 at least Eighteen (18] years of age and of sufficient discretion residing
therein ;

b) By leaving the copies of the at the

summons
dependant'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;

2)
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 charge of the community where
in or the building the

defendant may be found ; and

d by sending an electronic mail address , if allowed by the court .

Sec 7.
entity withoutjuridical personality
Service upon When
persons
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associated in an entity without juridical personality are sued under the name
by which they are generally or commonly known service may be effected upon
,

all the
defendants by serving upon any one of them, or upon the person in
charge of the office orplace of busines maintained in such name . But , such
service shall not bind individually any
person whose connection. with the entity
 has, upon due notice , been severed before the action was
filed .

Sec
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8 Service upon prisoners .
When the defendant
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is a
prisoner confined in

a jail or institution ,
service shall be
effected upon him or her
by
the officer having the management of such jail or institution who is

deemed as a special Sheriff for said said purpose. The jail warden shall
file a return within five (5) Calendar days from service of summons to the
defendant .

9 Service
Sec . .
consistent with international conventions Service may be made .
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through methods which are consistent with established international conventions

to which the party
Philippines is a .
 and When the
sec 10Service upon minors incompetents . defendant is a
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minor ,
insane or otherwise incompetent person , service of summons shall
an

be made upon him or her personally and on his or legal guardian if she
or hehas one
, upon his or her
guardian and litem whose appointment
shall be
applied for by the plaintiff- In the case of a minor , service shall
also be made on his or her
parent or guardian .

Sec 1 Service When spouses sued jointly service should be made

upon spouses are
of summons
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↓ each spouse individually .

Sec Service upon domestic private juridical entity When the

defendant corporation ,
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. 12. .
.

is a

partnership association organized under the laws of the Philippines with a juridical personality
or ,
service may be made on the president , managing partner , general manager , corporate secretary,
treasurer counsel they may be found their
,
or inhouse of the corporation wherever ,
or in

absence or unavailability ,
on their secretaries-
it shall be
cannot be made
upon any of the foregoing persons
If such service ,

made upon the

person who customarily receives the correspondence for the
defendant at its
principal office .

In case the domestic juridical entity is under

receivership or
liquidation ,

service of summons shall be made on the receiver or liquidator ,

as the case maybe .

should there be a refusal on the part of the person above-mentioned to receive

 summons despite at least three (3) attempts on two (2) different dates , service
may
allowed court as provided under of this
be made
electronically , if by the
,
section

Rule .

Sec 13.
Duty of record. Where the summons is served and
counsel of improperly a lawyer
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makes special appearancea behalf on of the defendant to

, among others,

validity of service of summons the counsel

question the , shall be
deputized
to serve her client.
by the court summons on his or

Sec 14. Service upon

private juridical entities When the defendant is a
foreign
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foreign private juridical entity which has transacted or is doing business in the
Philippines , as defined by law , service may be made on its resident agent
designated in accordance with law for that purpose , or , if there be no such agent,
on the
government official designated by law to that effect , or on any of
its officers agents , directors or trustees within the Philippines
, .

If the foreign private juridical entity is not registered in the Philippines , or

has no resident agent but has transacted or is doing business in it , as
defined by law , such service may , with leave of court , by effected: outside of
the Philippines through the
any of following means :

9) By personal service coursed through the appropriate court in the

foreign country with the assistance of the department of foreign affairs ;
 b) By publication newspaper of general circulation in the country
once in a

where the defendant may be found and

by serving a copy of the summons
and the court order
by registered mail at the last known address of the
defendant ;

2) By facsimile :
d) by electronic means with the service ;
prescribed proof of or

e) other means as the its discretion , may direct

By such court , in

sec .

15. Service upon public corporations .

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When the
defendant is the Republic of the
Philippines service may be effected on
,
the solicitor General ; in case of a

like
province , city public corporations
or
or
municipality , ,
service may be
effected
on its executive head or on such other officer or officers as the law or the
,
court
may direct .

Sec 16 Service upon defendant whose identity or whereabouts are unknown In any action
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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) from the commencement ofthe action , service may , by leave of
ninety Calendar
days
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 Sixty (40) calendar days after notice within which the defendant must answer .

Sec .
17. .
Extraterritorial service .
- When the
defendant does not reside and is not found in the

relates to the
philippines ,
and the action affects the personal status of the plaintiff or ,
or

subject of which is
,
property
within the Philippines ,
in which the
defendant has or claims

alien or interest , contingent

actual or
,
or
in which the relief demanded consists , wholy

part, excluding the defendant from interest therein, the property

or in in any or
ofthe defendant
has been within the Philippines leave be effected
attached ,
service
may , by of court
I
out of
the Philippines by personal service as under section a ; 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
of the summus
copy and order the
of
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 by less than sixty (60) calendar days after notice , which the
defendant must answer .
 Sec 18. .
Residents
temporarily out of the Philippines When and action is commenced against .
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a
defendant who ordinarily resides within Philippines, but who is temporarily out of it ,
out
service may by leave of court , be also effected
,
of the Philippines , as under
the Section
preceding .

this Rule
Sec 19 Leave of Court Any application to the court under for leave to effect
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shall be made
service in any manner for
which leave of Court is necessary by motionin
writing supported by affidavit of the plaintiff or some person on his behalf ,

the
setting forth grounds for the
application .

Sec 20 .
.
Return .
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Within thirty (30] calendar days from issuance of summons by the

derk and the server, person authorized by

receipt thereof , sheriff or process or the

court
,
shall complete its service. Within fire (5) calendar days from service of summons ,

the server file with the court

shall and serve a
copy of the return to the
plaintiff's
counsel , personally by registered mail
, ,
or
by electronic means authorized by the Rules .

should substituted have been return shall state the

service
effected ,
the
following :
 period of thirty /30)
The
1) impossibility of prompt personal service within a calendar

days from issue and receipt of summons ;

2) The date and time the three (3) attempts on at least (2) two different
of
made to locate
dates to cause personal service and the details of
the
inquires
the defendant residing threat; and

5) The name of the at least eighteen (18) years of age and of

person
sufficient discretion of competent person in charge of
residing threat name
,
the defendants office or regular place of business , or name of the office
,

of the homeowners association or condominium corporation its chief security

or

officer in charge of the community or building where the defendant may be

found.

Sec 21
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Proof of The proof of service of a summons shall be made in

service. -

writing by the server and shall set forth the manner place and date of , ,

service ; shall have been served with the

specify any papers which process
be sworn to when
and the name of the
person who received the same ; and shall
made by a
person other than a sheriff or his or her deputy
.

I summons was served by electronic mail ,

a printout of said e-mail with ,

and the
a copy of
the summons as served
, affidavit of the person mailing ,
shall service.
constitute as proof of
see. 22.
Proof of service by publication.
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If the service has been made by

publication service may be proved by

,
the
affidavit of thepublisher
editor,
,

business or advertising manager , to which affidavit copy of

a the
publication
and
shall be
by an affidavit
attached , showing the deposit of a copy of
the summons and order
for publication in the post office , postage prepaid ,
directed to the defendant by registered mail to his or her last known
address ,

Sec 23.
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Voluntary appearance The defendant's voluntary appearance in the
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action
shall be equivalent to service The inclusion in a motion to dismiss
of summons.
other grounds aside the
of from lack of jurisdiction over the
person of

defendant shall be deemed a

voluntary appearance·