Professional Documents
Culture Documents
What is summons?
Summons is a process, the receipt of
which, the court acquires jurisdiction over the
person of the defendant. We studied
regarding jurisdiction over the person of the
defendant; there are only two (2) ways by
which the court can acquire jurisdiction over
the person of the defendant. And that is
through:
1.
2.
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RULE 14 Summons
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4.
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b.
substituted service
Substituted service of summons is
upon the person residing in the residence of
the defendant who must be of age and
discretion. If he cannot be found there, at
the office of the defendant, to a person in
charge therein of age and discretion.
Section 7. Substituted service. If,
for justifiable causes, the defendant cannot
be served within a reasonable time as
provided in the preceding section, service
may be effected (a) by leaving copies of the
summons at the defendant's residence with
some person of suitable age and discretion
then residing therein, or (b) by leaving the
copies at defendant's office or regular place
of business with some competent person in
charge thereof.
What is SUBSTITUTED SERVICE of
summons?
Substituted service of summons is
delivering it to the residence of the defendant
to a person of age and discretion residing
therein or at the office of the defendant to a
person of age and discretion in charge thereof.
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d.
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Personal/service in person
[illustrative case] Let me go
now to personal. Maraming
cases ito ha, but most of these
cases are doctrinal, paulit ulit
lang naman pero dito sa
personal service in relation
to extra territorial service,
that old old case of Valmonte
still applies. What is this case all
about? Attorney valmonte
resides in Washington USA
together with his wife and his
sister in law filed a case against
them and they filed it in manila.
Sabi ng sheriff aboriad daw pala
ito so we cannot do this, Sabi ng
plaintiff, hintayin na lang natin
kasi attorney Valmonte comes
regularly to manila because he
has a law office here. So when
he comes, I serve natin yung
summons. So ang nangyare,
hinintay nila na duamting dito sa
manila (lawyer ng several
nighclubs in ermita at that
time). So sinerve ng sheriff ang
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ii.
iii.
by publication
any other mode authrorized
EXPRESSLY by the court
Masyadong
malawak ito, but
remember this falls
under exrtra serive.
Pwede kayong
bigyan ng
dishonest
question. Halibawa
ang tanong or
halimbawa
presented in a
problem, the
service of summons
was by registered
mail. The question
is, is there a service
of summons by
registered mail?
There is NONE! So
that service of
summons by
registered mail is an
invalid service of
summons. But
suppose that
summons by
registered mail was
authorized by the
court, was that a
valid service of
summons?
Distinguish mo! If
its extra- territorial
service of summons,
YES! If NOT extraterritorial service of
summons, NO!
because under the
rules, the service of
summons which is
duly authorized by
the court is only
within extraterritorial serive
(sec. 15). You don't
find that in any
other section of Rule
14. Ok?
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5. On whom served
There are specific kinds of defendants.
a.
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with the process and the name of the
person who received the same; and shall be
sworn to when made by a person other than
a sheriff or his deputy.
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B.
Voluntary Appearance
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