Rule 14 Summons

Summons
- is a mandate requiring the appearance of said defendant in an action under penalty of having
judgment entered against him for failure so to do.
- Its object is to notify the defendant that he has been sued.

Effect: By the service of summons, the court acquires jurisdiction over the person of the defendant.
*** without valid service, the court cannot acquire jurisdiction over the defendant, unless the
defendant voluntarily submits to it.
Note: Under Section 17, Rule 14 (extraterritorial service) service of summons only confers jurisdiction
over the res and not over the person of the defendant.

When is the summons issued? (S1)

Unless the complaint is on its face dismissible under S1 R9, the court shall, within 5 days from
receipt of the initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of
court to issue the corresponding summons to the defendants.

Contents of a summons (S2)

The summons shall be directed to the defendants, signed by the clerk of court under seal, and
contain:
1. The name of the court and of the parties to the action.
2. When authorized by the court upon ex parte motion, an authorization for the plaintiff to serve
summons to the defendant.
3. A direction that the defendant answer with the time fixed by the Rules.
4. A notice that unless the defendant so answers, plaintiff will take judgment by default and may
be granted the relief applied for. (Note that under S3 R9, judgment by default may be rendered
even without reception of evidence.)

A copy of the complaint and order for appointment of guardian ad litem, if any, shall be
attached to the original and each copy of the summons.

Effect of failure to attach a copy of the complaint to the summons:

The defendant must nevertheless appear and apprise the court of this defect; the court can then
simply furnish him with a copy of the complaint and give him a new time to answer. Otherwise he may
be declared in default and judgment rendered against him and he may not be heard to complain.

Who may serve summons? (S3)

May be served by the sheriff, his 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.