Rule 14 : SUMMONS

Summons - is a writ by which the defendant is notified of the action brough against him. Serice
of such writ is the means by which the court ac!uires "urisdiction oer his #erson. Summons by
sered u#on the defendant for satisfying due #rocess re!uirements.
$ %he non-#erformance of that duty by the #laintiff& to sere summons& is an e'#ress ground for
dismissing an action.
$ (f there was no means of summoning any of the defendants& #laintiffs should hae so informed
the court and moed for their e'clusions from the com#lant& within a reasonable #eriod of time&
so that the case should be disoosed of one way or another and the aministration of "ustice would
not suffer delay.
$ Only husband was sered with summons but husband a##rised his wife by telegram serice was
)(N*(N+ on her.
$ ,hen court ac!uires "urisdiction oer the defendant :
1. )y his oluntary submission to said "urisdiction. or
-. )y serice of summons and a co#y of the com#laint u#on him.
c Mods of serice of summons
1. .ersonal serice
-. Substituted serice
/. 0onstructie 1#ublication2 serice
4. 3'traterritorial serice.
$ .ersonal Serice - ,heneer #racticable& the summons shall be sered by handling a co#y
thereof to the defendant in #erson& or if he refuses to reeie and sign for it& by tendering it to
him.
$ Substituted Serice - (f& for "ustifiable causes& the defendant cannot #ersonally be sered with
summons within a reasonable time& serice may be affected :
1. by leaing co#ies of the summons at the defendat4s residence with some #erson of
suitable age and discretion then residing therein& or
-. by leaing the co#ies at the defendant4s office or regular #lace of business with some
com#etent #erson in charge thereof.
(n substituted serice& it is immaterial that the defendant does not in fact reeie actual notice.
%his will not affcet the alidity of the serice.
5or subsituted serice to be alid& the return must show :
1. %he efforts e'erted by the sheriff to the effect #ersonal serice within reanable #eriod or
time& im#ossibility of serice should be shown by statiting the efforts made to find the defendant.
-. %hat such #ersonal serice cannot be affected for "ustifiable reason.
/. %he serice of summons was made at the defendants residence or office or regular #lace
of business at the time of the serice& the address of the defendant to whom summons was
su##osed to hae been sered must be indicated in the return& and
4. %he serice was made with some #erson of suitable age and disretion residing therein if
effected at the defendant4s residence& or with some com#etent #erson in charge thereof& if effected
at defendant4s office or regular #lace of business& at the time of serice.
.ersons who are authori6ed to receie summons for a domestic cor#oration :
1. .resident
-. Managing .artner
/. +eneral Manager
4. 0or#orate Secretary
7. %reasurer
8. (n-house 0ounsel
$ 0onstructie Serice 1by .ublication2 - (n any action where the defendant is designated as an
un9nown owner& or the li9e& or wheneer his whereabouts are un9nown and cannot be ascertained
by diligent in!uire& serice may ): ;3<=3 O5 0OUR%& be effected u#on him by #ublication in
a news #a#er of general circulation and in such #laces and for such time as the court may order.
$3'traterritorial Serice - (t is alloed where the action is against a non-resident defendant who is
not found in the .hili##ines and the action :
1. <ffects the #ersonal status of the #laintiff.
-. Relates to or sub"ect of which is #ro#erty in the .hili##ines& in which he defendant has
claim& lien& or interest& actual or contigent.
/. (n which relief demanded consist wholly& or in #artm in e'cluding the defendant from any
interest therein& or
4. .ro#erty of the defendant has been attached in the .hili##ines.
%o be effectie e'traterritorial serice of smmons must be leae of court and only through the
following means :
1. .ersonal serice
-. )y #ublication 1and co#y of the summons and order of the court must be sent by
registered mail to the last 9nown address2.
/. )y #ublication 1and co#y of summons and order of the court2 must be sent by registered
mail at last 9nown address. <ny other manner which the court may deem sufficient.
$ Serice of summons on husband is not binding on wife who is NON-R3S(*3N%..
$ %he rrial court does not ac!uire "urisdiction and renderls null and oid all subse!uent
#roceedings and issuance in the action from the order of default u# to and including the "udgment
by default and order of e'ution.
$ %he summons may be sered by :
1. Sheriff
-. >is de#uty
/. other court officers& or
4. or "ustifiable reasons by any suitable #erson authori6ed by the court issuing summons.
$ %he #reliminary writ of attachment must be sered after or simultaneous with the
serice of summons on the defendant whether by #ersonal serice& substituted serice or
by #ublication as waranted by the circumstances of the case.
$ Reasonable time - is defined as so much time as is necessary under the circumstance
for a reasonably #rudent and diligent man to do& coneniently& what the contract or duty
re!uires that should be done& haing regard for the rights and #ossibility of loss& if any to
the other #arty.
%o the #laintiff& reasonable time means no more than seen 1?2 days since an e'#editious
#roceeding of a com#laint is waht a #laintiff wants.
%o the sherriff& reasonable time meanst 17 to /@ days because at the end of the month& it
is a #ractice for the branch cler9 of court to re!uire the sherriff to submit a return of the
summons assigned to the sheriff for serice.
$ < .erson Suitable <ge and *iscretion - is one who has attained the age of full legal
ca#acit 11A yo2 and is considered to hae enough discernment to understant the
im#ortance of a summons.
*iscretion is the ability to ma9e decision which re#resent a res#onsible choice and for
which an understanding of what is lawful& righ or wise may be #resu##osed. Such #erson
must 9now how to read and write and understand 3nglish to com#rehen the im#ort of the
summons.
%he #erson must hae the relation of condience to the defendant& ensuing that the latter
would receie or at least be notified of the reci#t of the summons.
$ %he #ressum#tion of regularity in the #erformance of official function by the sheriff is
not a##licable where it is #atent that the sheriff4s return is defectie.
$ Serice u#on the foreign cor#oration - %he cor#oration 0ode now #roides that when a
foreign #riate cor#oration a##lies for a license to do business in the .hili##ines& it shall
be granted sub"ect to the conditon& inter alia& that if it has no resident agent& summons and
#rocesses intended for it shall be sered on the Securites 3'change 0ommission. ,here
the serice of summons is made on the goernment offiial designated by law& the
defendant cor#oration has /@ days from its recei#t of the summons within which to file
its answer. (f sered on its resident agent& officers or other agents in the .hiilines& the 17-
day reglementary #eriod a##lies.