Summons – the writ by which the defendant is notified of the action - Jurisdiction over the person of the defendant
of the defendant is necessary for the
brought against him
- Service of summons must be followed strictly, faithfully, and fully
Alias Summons – in case of loss or destruction of summons, the court may,
upon motion, issue such
Purpose and Importance – vital and indispensable ingredient of due
process
- To acquire jurisdiction over the person of the defendant
- To satisfy the requirement of due process by notifying the
defendant that an action has been commenced against him, so he
might be given a chance to be heard and submit evidence in
support of his defense
- Proper service of summons is a must; otherwise both the trial and
judgment, being in violation of due process, are null and void
unless the defendant waives the service of summons by
voluntarily appearing and answering the suit
- In improper service of summons, the Court does not acquire
jurisdiction over the defendant
- Defendant must answer the complaint within the fixed period; if
not, plaintiff will take judgment by default and may be granted the
relief applied for
- Proper service of summons applies to any action (e.g. in
personam, in rem, quasi in rem)
- Knowledge by the defendant that an action has been filed against
him does not dispense with the need for summons
Summons in actions in personam – a service of summons upon the
defendant is required to acquire jurisdiction over him, aside from voluntary
appearance
court to validly try and decide the case
Summons in actions in rem and quasi in rem – not necessary to acquire
jurisdiction over the person of the defendant since the res is what matters
- Service of summons to the defendant is not for vesting the court
with jurisdiction, but merely for satisfying due process
requirements; still, service of summons cannot be dispensed with
- E.g. Attachment is in the nature of quasi in rem or in rem; the
classification becomes significant only when the defendant does
not appear in the action, as when he is a non-resident who is at
the same time outside the Philippines
- If the defendant appears, the cause becomes a suit in personam
Voluntary Appearance by the Defendant – submission to the Court in
order for it to acquire jurisdiction over the defendant
- Equivalent to service of summons
- The court may still acquire jurisdiction over the defendant if he
performs acts which could be reasonably construed as voluntary
appearance (e.g. filing an Answer to a complaint, participation in
a case, seeking affirmative relief)
- The lack or defect in the service of summons may be cured by the
defendant’s subsequent voluntary submission to the jurisdiction
of the court
- Conditional Appearance, such as when a party shows up in court
to challenge the court’s jurisdiction over his person, cannot be
considered to have submitted to its authority
- The inclusion in a motion to dismiss of other grounds aside from
lack of jurisdiction over the person of the defendant shall be
deemed as voluntary appearance
Who Issues Summons – Clerk of Court with signature and under seal
When Summons is Issued – Unless the complaint is dismissible on its face  A direction that the defendant answer within the period fixed by
under Sec. 1 of Rule 9, within 5 calendar days from receipt of the initiatory the Rules
pleading and proof of payment of the requisite legal fees  A notice that unless the defendant so answers, the plaintiff will
take judgment by default and may be granted the relief prayed for
To whom Summons is directed – directed to the defendant
- A copy of the complaint and order of appointment of guardian ad
Who serves Summons – the sheriff, his deputy, or other proper court
litem, if any, shall be attached to the original and each copy of the
officer
summons
- In case of failure of service of summons by them, the Court may
Return – within 30 calendar days from the issuance of the summons by the
authorize the plaintiff to serve the summons, together with the
Clerk of Court and receipt thereof, the sheriff or process server, or person
sheriff
authorized by the Court, shall complete its service
- If the summons is to be served outside the judicial region of the
court where the case is pending, plaintiff is authorized to serve - Within 5 calendar days of service of summons, the server shall file
the summons with court and serve a copy of the return with the plaintiff’s
- If the plaintiff is a juridical entity, shall notify the court in writing, counsel, either personally, registered mail, or electronic means
and name its authorized representative with a board resolution or - If substituted service have been effected, the return should state:
secretary’s certificate as proof the such representative is duly o Impossibility of prompt personal service within 30
authorized to serve the summons on behalf of the plaintiff
calendar days from issue and receipt of summons
- If the plaintiff misrepresents that the defendant was served the
o The date and time of the 3 attempts on at least 2
summons, and later proved that no summons was served, case
different dates to cause personal service, and the details
dismissed with prejudice, proceedings nullified, and the plaintiff
if the inquiries made to locate defendant
meted appropriate sanctions
o The name of the person at least 18 years of age and of
- If the summons is returned without being served on any or all
sufficient discretion residing thereat, name of competent
defendants, the Court shall order the plaintiff to cause the service
person in charge of the defendant’s place of business, or
of summons by other means available under the Rules; failure to
name of the officer of the homeowners’ association or
comply results in the dismissal of the initiatory pleading without
condominium corporation, or its chief security officer in
prejudice
charge of the community or building where the
Contents of Summons – the summons shall contain: defendant may be found

 Name of the court and the parties to the action

 When authorized by the Court upon ex parte motion, an
authorization for the plaintiff to serve summons to the defendant
Proof of Service – made in writing by the server, and shall set forth the
manner, place and date of service; specify any papers which have been
served with the process, and the name of the person who received the
same; and must be sworn to when made by a person other than a sheriff
or his deputy
- If the summons was served by electronic mail, a printout of said e-
mail, with a copy of the summons as served, and the affidavit of
the person mailing, shall constitute proof of service
Uniformity of the Rules on Summons – applies with equal force in actions
before the RTC, MTC, MTCC, MCTC, and MeTC
- Does not apply where a particular provision expressly or impliedly
applies only to either of said courts
- Does not apply in civil cases governed by the Rules on Summary
Procedure
Service upon an entity WITHOUT a Juridical Personality – when persons
associated in an entity without juridical personality enter into a
transaction, they may be sued under the name by which they are generally
or commonly known
- Service of summons may be effected upon all the defendants
upon:
o Any one of them; or
o Upon the person in charge of the office or place of
business maintained in such name
- However, this service does not bind individually any person whose
connection with the entity has upon due notice, been severed
before the action was filed
Service upon a Prisoner – when the defendant is a prisoner confined in a
jail or institution, service of summons shall be effected upon him through
the officer having the management of such jail or institution
- The jail manager/warden is deputized as a special sheriff
- Jail warden shall file a return within 5 calendar days from the
service of summons to the defendant
Service upon a Minors and Incompetent – when the defendant is a minor,
insane or incompetent person, service of summons shall be made upon
him personally and on his legal guardian if he has one; if none, upon his
guardian ad litem
- The appointment of the guardian ad litem shall be applied for by
the plaintiff
- In case of a minor, service shall be made to his parents or
guardian
Service upon Defendant whose Identity and Whereabouts are Unknown –
In any action where the defendant is designated as an unknown owner or
the like, or his whereabouts unknown and cannot be ascertained by
diligent inquiry
- Within 90 calendar days from commencement of the action,
service may, by leave of court, be effected 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
- Outright summons by publication is wrong; diligent efforts for
personal service first, and if unsuccessful, substituted service of
summons
- If the defendant cannot be served with summons, do not dismiss,
rather hold the case in the archives
- Archiving of Cases is a procedural measure to temporarily defer
the hearing of cases in which no immediate action is expected,
but where no grounds exist for its outright dismissal; also
 applicable when a party or witness cannot appear in Court due to
threats to his life
Service upon a Resident temporarily abroad – when any action is
commenced against a defendant who ordinarily resides in the Philippines,
but is temporarily out of the country, service may, by leave of Court, be
effected outside of the Philippines, as under the preceding Section
- Summons by publication applies to a resident who is temporarily
out of the country
- Service of summons may possibly be done through the following:
o Personal service
o Publication in a newspaper of general circulation,
together with a registered mailing copy of the summons
and the order of the Court to the last known address of
the defendant
o Substituted service
o Any manner the Court may deem sufficient
- Substituted service is also considered since the defendant, being
out of the country, he cannot be expectedly served within a
reasonable time, which is a justifiable cause
- Substituted service, to be effective, assumes that the absence is
merely temporary; if not, and he is already a permanent resident
of another country, substituted service of summons would be
ineffective
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 of summons may be made to:
o President
o Managing Partner
o General Manager
o Corporate Secretary
o Treasurer
o In-house counsel of the corporation wherever they may
be found
o In case the above-mentioned are absent or unavailable,
their Secretaries
- If service cannot be made upon these persons, it shall be made
upon the person who customarily receives the correspondence
for the defendant at its principal office
- If the domestic juridical entity is under receivership or liquidation,
service of summons shall be made upon the receiver or liquidator
- Should the above-mentioned persons refuse to receive the
summons despite at least 3 attempts on 2 different dates, service
may be made electronically, if allowed by Court, as provided
under Sec. 6 (Substituted Service)
- Prior to the 1997 amendment of the Rules on Civil Procedure, the
Court employed the principle of substantial compliance; liberal
construction
Service upon a Foreign Private Juridical Entity – when the defendant is a
foreign private juridical entity which has transacted or is doing business in
the Philippines, as defined by law
- Service of summons may be made to:
o Resident agent in accordance with law for that purpose
o Government official designated by law, if there is no such
resident agent
o Any of its officers, agents, directors or trustees within the
Philippines
- If the 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, service may, with leave of court, be effected outside the
Philippines through any of the following means:
 o Personal service through the appropriate court in the
foreign country with the assistance of the DFA
o Publication once in a newspaper of general circulation in
the country where the defendant may be found AND by
serving a copy of the summons and the court order by
registered mail at the defendant’s last known address
o Facsimile
o Electronic means with the prescribed proof of service
o Other means as the court, in its discretion, may direct
- When a foreign corporation has designated a person to receive
summons on its behalf, pursuant to the Corporation Code, that
designation is exclusive and service of summons on any other
person is inefficacious
- A foreign corporation may be allowed to transact business in the
country after obtaining a license and a certificate of authority
from the appropriate government agency; the license can also be
granted through reciprocity
- The foreign corporation shall file with the SEC a written power of
attorney designating a person, resident of the Philippines, on
whom any summons and other legal processes may be served in
- If the foreign corporation has a license to do business in the
country, they may sue or be sued here; if it transacts business
here but without the required license, they cannot be permitted
to sue or intervene in any action in the country, but can be sued
- A foreign corporation not engaged in business need not secure a
license; still able to sue under an isolated transaction or to protect
its trade name or goodwill which has been infringed
- An unlicensed foreign corporation doing business in the country
may also bring a suit against a Philippine citizen or entity who had
contracted with and benefited from said corporation
- A party is estopped from challenging the personality of a
corporation after entering into a contract with it
Service upon the Republic of the Philippines – service may be effected on
the Solicitor General
Service upon Public Corporations – when the defendant is a province, city
or municipality or like public corporations
- Service may be effected on its:
o Executive head
o Such other officers as the law or court may direct
Service upon an Unincorporated Government Agency – being
unincorporated, the suit is against the agency’s principal, the State
- E.g. a complaint for specific performance with damages against
the DPWH, a mere agent of the Republic, summons must be
served upon the OSG
Kinds of Summons
Service in Person (1) – when practicable, summons shall be served by
handing a copy thereof to the defendant in person and informing the
defendant that he is being served; if he refuses to receive and sign for it,
leaving the summons within the view and in the presence of the defendant
- Service in Person is different from Personal service; the latter
refers to the mode by which pleadings, motions, orders,
judgments are served under Rule 13
- Service in Person is the preferred mode of service of summons;
other modes are used only as prescribed under circumstances
authorized by the Rules; convenience is not a factor
- The impossibility of prompt Service in Person must be shown by
stating in the proof of service that efforts have failed before
availing of other modes of service (e.g. sheriff must cite, clearly
and in detail, why such efforts were unsuccessful in the Return of
Summons)
Substituted Service (2) – for justifiable causes, the defendant cannot be
served personally after at least 3 attempts on 2 different dates
- Service of summons may be effected by:
o Leaving copies of the summons at the defendant’s
resident to a person at least 18 years of age and of
sufficient discretion residing therein
o Leaving copies of the summons at the defendant’s place
of business with some competent person in charge; A
competent person includes, but is not limited to, one
who customarily receives correspondences for the
defendant
o If refused entry upon making his authority and purpose
known, leaving copies of the summons with any of the
officers or homeowners’ association or condominium
corporation, or its chief security in charge of the
community or building where the defendant may be
found
o Sending an electronic mail to the defendant’s electronic
mail address, if allowed by Court
- Only when summons cannot be served personally within a
reasonable period of time, and after stringent formal and
substantive requirements have been complied with can this mode
be resorted to
- Service of summons must be followed strictly, faithfully, and fully
- Not the preferred mode of service of summons
- Reasonable Time means time necessary under the circumstances
for a reasonably prudent and diligent man to do, conveniently,
what the contract or duty requires to be done
- In order for the sheriff to effect a valid service of summons other
by Service in Person, he must perform the following acts:
o Establish the impossibility of personal service
o Describe in the Return of Summons the facts and
circumstances surrounding his attempts to effect Service
in Person
o After service, the sheriff must state that the summons
was served upon a person of sufficient age and
discretion, or who is in charge of the place of business of
the defendant
- Since the rules specifically state which persons are allowed to
receive summons, those not mentioned cannot
- Not necessary that a person in charge of the defendant’s business
be specifically authorized to receive the summons; enough that he
appears to be in charge
- Substituted service presupposes that the place the summons is
served is the defendant’s current address or place of business; the
last known address cannot be the place of service of summons
because it is not the address of the defendant
- When the defendant’s residence or place of business is unknown
and cannot be ascertained with diligent inquiry, substituted
service is not appropriate; must be publication
Effect if Defendant does not actually receive the Summons – when the
substituted service has been validly served, its validity is not affected by
the failure of the defendant to actually receive the summons from the
person whom the summons was left
- The rule does not require the sheriff or any authorized server to
verify that the summons left in the defendant’s residence or office
was actually delivered to the defendant
When the Defendant prevents service of Summons – in a case, the Court
ruled that if the cause for the failure to effect the service of summons was
due to the acts of the defendant, he must bear its consequences
 - As long as the requirements of substituted service be followed
strictly, faithfully and fully, service of summons is properly served
- The court frowns upon an overly strict application of the Rules; it
is the spirit, rather than the letter of the procedural rules, that
governs
Service by Publication (3) – not available as a means of acquiring
jurisdiction over the person of the defendant in an action in personam
- Against a resident, summons by publication will not apply
- Against a resident in an action in personam, however, permissible
when:
o The identity or whereabouts of the defendant are
unknown
o Defendant is a resident temporarily out of the Philippines
- Against a non-resident in an action in personam, jurisdiction is
acquired upon service of summons while he is in the Philippines;
only mode of acquiring jurisdiction aside from voluntarily
appearing
- Against a non-resident in an action in personam, service by
publication is not proper; EXCEPTION: when the defendant is a
foreign private juridical entity not registered or with no resident
agent in the Philippines
Extraterritorial – when the defendant does not reside and is not found in
the Philippines, (1) and the action affects the personal status of the
plaintiff, (2) 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, (3) or in which the relief demanded consists, wholly or in
part, in excluding the defendant from any interest therein, (4) or that the
property of the defendant has been attached within the Philippines
- Basically, the action against the defendant is either in rem or
quasi in rem
- Service may, by leave of court, effected out of the Philippines by:
o personal service under Sec. 5
o as provided in international conventions to which the
Philippines is a party, or
o publication in a newspaper of general circulation in such
places and for such time as the court may order, together
with a copy of the summons and order of the court shall
be sent by registered mail to the last known address of
the defendant
o any manner that the Court may deem sufficient
- Any order granting such leave shall specify a reasonable time, not
less than 60 calendar days after notice, within which the
defendant must answer
- This mode of service does not apply to a defendant who:
o is a resident of the Philippines and
o in an action in personam
- Service in Person will not have the effect of acquiring jurisdiction
over the person of a non-resident defendant even if he personally
receives the summons and the copy of the complaint in the
country where he may be found, unless he appears voluntarily;
- Still, summons must be served to satisfy the requirement of due
process
Actions involved in Extraterritorial service of Summons – actions either in
rem or quasi in rem that will justify the application of this mode in actions
involving a non-resident are:
 Those that affect the personal status of the plaintiff
 Those that relate to, or the subject matter of which is property
within the Philippines, in which the defendant claims a lien or
interest, actual or contingent
  Those in which the relief demanded consists, wholly or in part, in
excluding the defendant from an interest in the property located
in the Philippines
 When the defendant’s property has been attached in the
Philippines
- Being an action in rem or quasi in rem, jurisdiction over the
defendant is not a pre-requisite to confer jurisdiction on the Court
- If the action is in personam, extraterrestrial service is not available

Suits against non-resident defendants who have properties in the

Philippines but are outside the country

- If the suit is in personam, and the non-resident defendant is no

longer found in the Philippines, summons by publication is not
effective
- Rather, file the suit and at the same time, avail of the provisional
remedy of attachment; the suit effectively becomes an action
quasi in rem, and thus extraterritorial service of summons is
sufficient
- Attachment not always needed where the defendant is not found
in the Philippines in an action in personam; for temporary
absence, substituted service will suffice