Civ Pro Rule 14 - Summons.docx

RULE 14

Section 4. Return. — When the service has been completed, the

Summons

server shall, within five (5) days therefrom, serve a copy of the

Section 1. Clerk to issue summons. — Upon the filing of the

return, personally or by registered mail, to the plaintif's counsel,

complaint and the payment of the requisite legal fees, the clerk

and shall return the summons to the clerk, who issued it,

of court shall forthwith issue the corresponding summons to the

accompanied by proof of service. (6a)

defendants. (1a)

Section 5. Issuance of alias summons. — If a summons is

Section 2. Contents. — The summons shall be directed to the

returned without being served on any or all of the defendants,

defendant, signed by the clerk of court under seal and contain (a)

the server shall also serve a copy of the return on the plaintif's

the name of the court and the names of the parties to the action;

counsel, stating the reasons for the failure of service, within five

(b) a direction that the defendant answer within the time fixed by

(5) days therefrom. In such a case, or if the summons has been

these Rules; (c) a notice that unless the defendant so answers

lost, the clerk, on demand of the plaintif, may issue an alias

plaintif will take judgment by default and may be granted the

summons. (4a)

relief applied for.

Section 6. Service in person on defendant. — Whenever

A copy of the complaint and order for appointment of guardian ad

practicable, the summons shall be served by handling a copy

litem if any, shall be attached to the original and each copy of the

thereof to the defendant in person, or, if he refuses to receive

summons. (3a)

and sign for it, by tendering it to him. (7a)

Section 3. By whom served. — The summons may be served by

Section 7. Substituted service. — If, for justifiable causes, the

the sherif, his deputy, or other proper court officer, or for

defendant cannot be served within a reasonable time as provided

justifiable reasons by any suitable person authorized by the court

in the preceding section, service may be efected (a) by leaving

issuing the summons. (5a)

copies of the summons at the defendant's residence with some

person of suitable age and discretion then residing therein, or (b)

guardian if he has one, or if none his guardian ad litem whose

by leaving the copies at defendant's office or regular place of

appointment shall be applied for by the plaintif. In the case of a

business with some competent person in charge thereof. (8a)

minor, service may also be made on his father or mother. (l0a,

Section 8. Service upon entity without juridical personality. —

11a)

When persons associated in an entity without juridical personality

Section 11. Service upon domestic private juridical entity. —

are sued under the name by which they are generally or

When the defendant is a corporation, partnership or association

commonly known, service may be efected upon all the

organized under the laws of the Philippines with a juridical

defendants by serving upon any one of them, or upon the person

personality, service may be made on the president, managing

in charge of the office or place of business maintained in such

partner, general manager, corporate secretary, treasurer, or inhouse counsel. (13a)

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 brought. (9a) Section 9. Service upon prisoners. — When the defendant is a prisoner confined in a jail or institution, service shall be efected upon him by the officer having the management of such jail or institution who is deemed deputized as a special sherif for said purpose. (12a) Section 10. Service upon minors and incompetents. — When the defendant is a minor, insane or otherwise an incompetent, service shall be made upon him personally and on his legal

Section 12. Service upon foreign private juridical entities. — When the defendant is a foreign private juridical entity which has transacted business in the Philippines, 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 efect, or on any of its officers or agents within the Philippines. (14a) Section 13. Service upon public corporations. — When the defendant is the Republic of the Philippines, service may be efected on the Solicitor General; in case of a province, city or

municipality, or like public corporations, service may be efected

publication in a newspaper of general circulation in such places

on its executive head, or on such other officer or officers as the

and for such time as the court may order, in which case a copy of

law or the court may direct. (15)

the summons and order of the court shall be sent by registered

Section 14. Service upon defendant whose identity or

mail to the last known address of the defendant, or in any other

whereabouts are unknown. — In any action where the defendant

manner the court may deem sufficient. Any order granting such

is designated as an unknown owner, or the like, or whenever his

leave shall specify a reasonable time, which shall not be less than

whereabouts are unknown and cannot be ascertained by diligent

sixty (60) days after notice, within which the defendant must

inquiry, service may, by leave of court, be efected upon him by

answer. (17a)

publication in a newspaper of general circulation and in such

Section 16. Residents temporarily out of the Philippines. —

places and for such time as the court may order. (16a)

When any action is commenced against a defendant who

Section 15. Extraterritorial service. — When the defendant does

ordinarily resides within the Philippines, but who is temporarily

not reside and is not found in the Philippines, and the action

out of it, service may, by leave of court, be also efected out of

afects the personal status of the plaintif or relates to, or the

the Philippines, as under the preceding section. (18a)

subject of which is, property within the Philippines, in which the

Section 17. Leave of court. — Any application to the court under

defendant has or claims a lien or interest, actual or contingent, or

this Rule for leave to efect service in any manner for which leave

in which the relief demanded consists, wholly or in part, in

of court is necessary shall be made by motion in writing,

excluding the defendant from any interest therein, or the

supported by affidavit of the plaintif or some person on his

property of the defendant has been attached within the

behalf, setting forth the grounds for the application. (19)

Philippines, service may, by leave of court, be efected out of the

Section 18. Proof of service. — The proof of service of a

Philippines by personal service as under section 6; or by

summons shall be made in writing by the server and shall set

forth the manner, place, and date of service; shall specify any

service of summons is made on the government official

papers which have been served with the process and the name of

designated by law to receive the same, the answer shall be filed

the person who received the same; and shall be sworn to when

within thirty (30) days after receipt of summons by such entity.

made by a person other than a sherif or his deputy. (20)

(2a)

Section 19. Proof of service by publication. — If the service has been made by publication, service may be proved by the affidavit of the printer, his foreman or principal clerk, or of the editor, business or advertising manager, to which affidavit a copy of the publication shall be attached and by an affidavit 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 last known address. (21) Section 20. Voluntary appearance. — The defendant's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. (23a) RULE 11 Section 2. Answer of a defendant foreign private juridical entity. — Where the defendant is a foreign private juridical entity and