DUTIES OF SHERIFFS AND PROCESS SERVERS

UNDER THE RULES OF COURT

Orientation Seminar-Workshop for
Newly Appointed Sheriffs and Process Servers
via Distance Learning
13 October 2022

MARIA REGINA ADORACION FILOMENA M.

IGNACIO
Assistant Court Administrator
 PRINCIPLES GOVERNING
EMPLOYMENT IN THE JUDICIARY
 DISPENSATION OF JUSTICE
❑ The dispensation of justice is the basic duty and responsibility of the
judiciary as enshrined in the Constitution; it is a sacred task of divine
origin.
❑ Court personnel, from the lowliest employee to the clerk of court or any
position lower than that of a judge or justice, are involved in the
dispensation of justice, and parties seeking redress from the courts for
grievances look upon court personnel as part of the Judiciary.

SENTINELS OF JUSTICE
❑ The Constitution declares that a public office is a public trust, and all
public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, loyalty and efficiency,
act with patriotism and justice, and lead modest lives.
❑ In performing their duties and responsibilities, court personnel serve as
sentinels of justice and any act of impropriety on their part
immeasurably affects the honor and dignity of the Judiciary and the
people’s confidence in it.
 QUALIFICATION STANDARDS
FOR SHERIFFS

SALARY ➢ SG-7 (Sheriff II)

GRADE ➢ SG-10 (Sheriff III)
➢ SG-12 (Sheriff IV)
POSITION ONE (1)
LEVEL
EDUCATION COMPLETION OF 2 YEARS STUDIES IN COLLEGE
EXPERIENCE ➢ NONE REQUIRED (Sheriff II)
➢ 2 YEARS RELEVANT EXPERIENCE (Sheriffs III & IV)
TRAINING ➢ NONE REQUIRED (Sheriff II)
➢ 8 HOURS RELEVANT EXPERIENCE (Sheriffs III & IV)
ELIGIBILITY CS/SUB-PROFESSIONAL
 QUALIFICATION STANDARDS
FOR PROCESS SERVERS

SALARY ➢ SG-5 (Process Server I)

GRADE ➢ SG-6 (Process Server II)
POSITION ONE (1)
LEVEL
EDUCATION HIGH SCHOOL GRADUATE
EXPERIENCE ➢ NONE REQUIRED
TRAINING ➢ NONE REQUIRED
ELIGIBILITY ➢ NONE REQUIRED
 NATURE OF OFFICE OF
SHERIFFS/PROCESS SERVERS
 MAIN DUTIES OF SHERIFFS
❑ To serve and/or execute writs, orders and other processes of the
court and other agencies, both local and foreign, including foreclosure
of mortgage
❑ To keep in their custody attached properties or goods, including
records or documents required of them for safekeeping from time to time
❑ To maintain record books on writs of execution (Rule 39), writs of
attachment (Rule 57), writs of replevin (Rule 60), writs of injunctions
(Rule 58) and all other processes executed by them
❑ To ensure that proof of service is on record with respect to pleadings,
judgments, other papers, summons, subpoena, writs of execution,
attachment and replevin, and the like
❑ To submit periodic reports to the Clerk of Court
❑ To perform such other duties that may be assigned
(NOTE: 2002 Revised Manual of Clerks of Court)
 MAIN DUTIES OF PROCESS
SERVERS
❑ To serve court processes such as subpoenas, summons,
court orders and notices
❑ To prepare and submit returns of court processes
❑ To monitor messages and/or deliver court mails
❑ To maintain and keep in their custody or record book
mail matters received and dispatched
❑ To keep in their custody records or documents that
may be required of them from time to time
❑ To perform such other duties that may be assigned
(NOTE: 2002 Revised Manual of Clerks of Court)
 APPLICABLE RULES GOVERNING THE DISCHARGE OF DUTIES OF
SHERIFFS/PROCESS SERVERS

• REPUBLIC ACT NO. 3019 OR THE ANTI-GRAFT AND CORRUPT PRACTICES ACT

• REPUBLIC ACT 6713 OR THE CODE OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES

• CODE OF CONDUCT FOR COURT PERSONNELCODE OF CONDUCT FOR COURT

PERSONNEL (AM NO. 03-06-13-SC )

• RULES OF COURT

• MANUAL OF CLERKS OF COURT

• ADMINISTRATIVE CIRCULARS ISSUED BY THE COURT

• OCA CIRCULARS AND OTHER ISSUANCES OF THE COURT

 ADMINISTRATIVE CIRCULAR NO. 12

GUIDELINES AND PROCEDURE IN THE SERVICE AND EXECUTION OF COURT

WRITS AND PROCESSES IN THE REORGANIZED COURTS

1. All clerks of court, who are also ex-oficio sheriffs, and/or their deputy sheriffs shall serve all court
processes and execute all writs of their respective courts within their territorial jurisdiction;

2. All clerks of court of the metropolitan trial court and municipal trial courts in cities, and/or their deputy sheriffs
shall serve all court processes and execute all writs of their respective courts within their territorial jurisdiction;

3. The judge of the regional trial court, metropolitan trial court, and the municipal trial court in cities, in the
absence of the deputy sheriff appointed and assigned in his sala, may at any time designate any of the
deputy sheriffs in the office of the clerk of court. However, the said judge shall not be allowed to designate the
deputy sheriff of another branch without first securing the consent of the presiding judge thereof;

4. All sheriffs and deputy sheriffs shall submit a report to the judge concerned on the action taken on all
writs and processes assigned to them within ten (10) days from receipt of said process or writ. Said
report shall form part of the records of the case;
5. No sheriff or deputy sheriff shall execute a court writ outside his territorial jurisdiction without
first notifying in writing, and seeking the assistance of, the sheriff of the place where the
execution shall take place;

6. No sheriff or deputy sheriff shall act as special deputy sheriff of any party litigant;

7. The judge may be allowed to designate or deputize any person to serve court processes and writs in
remote areas in the absence of the regular sheriff thereat;

8. The sheriff is primarily responsible for the speedy and efficient service of all court processes
and writs originating from his court and the branches thereof, and those that may be delegated
to him from other courts. He shall submit to the Office of the Court Administrator, Supreme
Court, a monthly report which shall indicate therein the number of writs and processes issued
and served, as well as the number of writs and processes unserved, during the month, and the
names of deputy sheriffs who executed each writ. Unserved writs and processes shall be
explained in the report.
Pursuant to paragraph 5 of Administrative Circular No. 12, The execution of writs shall be
done by the sheriff of the court where the case was filed and he/she must first notify in
writing and seek the assistance of the sheriff of the place where the execution shall take
place. The requested court shall not execute writs as it has no jurisdiction over the case.
 A.M. NO. P-12-3027
[FORMERLY OCA I.P.I. NO. 11-3584-P]
JANUARY 30, 2012

• Guided by the above-mentioned circular, it is clear that respondent's act of

implementing the subject writs in San Fernando City, when his territorial
jurisdiction is confined only to Angeles City, is a violation of the circular and
tantamount to abuse of authority. While respondent claimed that he personally
informed the OCC of San Fernando City, he, however, failed to prove that he
made written notice as required by Administrative Circular No. 12. A mere
submission of the copies of the court processes to the OCC will not suffice as to
the written notice requirement.
Precisely, Administrative Circular No. 12 was promulgated in order to streamline
the service and execution of court writs and processes in courts and to better
serve the public good and facilitate the administration of justice. the requirement of
notice is based on the rudiments of justice and fair play. It frowns upon
arbitrariness and oppressive conduct in the execution of an otherwise legitimate
act. It is an amplification of the provision that every person must, in the exercise of
his rights and in the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith. An immediate enforcement of a writ
does not mean the abdication of the notification requirement.
We have consistently stressed that officers of the court and all court personnel are
exhorted to be vigilant in the execution of the law. Sheriffs, as agents of the law,
are therefore called upon to discharge their duties with due care and utmost
diligence. They cannot afford to err in serving court writs and processes and in
implementing court orders lest they undermine the integrity of their office and the
efficient administration of justice.
 A.M. NO. 22-08-16-SC (30 AUGUST 2022)

AMENDMENT OF ADMINISTRATIVE CIRCULAR [A.C.] NO.

12 DATED OCTOBER 1, 1985

5. No sheriff or deputy sheriff, process server or other court authorized person shall
execute a court writ outside his territorial jurisdiction without first notifying in writing the
Executive Judge or Presiding Judge of the court/station having jurisdiction over the
location where the execution shall take place or over the location of residence of the
defendant or of the person subject of the process. In executing writs or serving court
processes, the sheriff or deputy sheriff, process server or other court authorized
person may seek the assistance of the sheriff of the location where the execution shall
take place or the place of residence of the defendant or of the person subject of the
process.

OCA Circular No. 276-2022 dated 11 October 2022 was issued to inform, guide and direct
the strict observance of paragraph 5 of A.C. No. 12, as amended.

Paragraph 5 is LIMITED TO WRITS OF EXECUTION but may now be executed by

process server or other court authorized by the court apart from sheriff.
 OCA CIRCULAR NO. 63-A-2022 (22 APRIL 2022)

ADDITIONAL GUIDELINES IN THE SERVICE OF

SUMMONS, SUBPOENAS, AND OTHER COURT
PROCESSES
• The uniform fare matrix (UFM) shall be based on rates using the ordinary pubic
conveyance or customary modes of transportation
• Approved by the EJ or PJ of single sala courts;
• UFM of 1st and 2nd trial courts which are stationed in one place shall be the same;
• When a private vehicle is used in the service of court processes, he or she is entitled only
to the equivalent cost of the customary mode of transportation rather than the cost of
gasoline and oil consumed;
• Use of chartered trips, special hires of public utilities, garage cars, water vessels and other
extraordinary means of transportation shall not be allowed unless justified by the
circumstances. Justification shall be included in Certificate of travel Completed, subject to
approval of Judge concerned, in support of claim for reimbursement
• Meal allowance inclusion for more than 2 hours of travel following rates provided therein
• If travel is beyond the 50 kilometer radius from the court station to the place of service,
hotel/lodging accommodation at the rate of Php750.00 supported by official receipt in
addition to 3 meal allowances at the rate of Php 450.00. Meal and hotel allowance shall be
added to the travel expenses.
• If the sheriff’s trust fund (STF) collected is insufficient then the party requesting the
personal service of court processes shall be required to make an additional STF payment

• If personal service of court processes is outside of the jurisdiction of the court, service
shall be done by the sheriff, process server or other court-authorized person of the court
which has jurisdiction over the residence of defendant or of the person subject of the
process following procedure laid down in OCA Circular No. 149-2021 dated 9 December
2021;

• Order to withdraw STF is NOT REQUIRED but the approval of the SETTE by the EJ or PJ
of single-sala court shall serve as supporting document to the claim for reimbursement

• Excess or unspent amount shall be stated in the Order of Judgment and the original
payor’s Official Receipt shall be surrendered for the processing of the refund.

• Requests for service of subpoenas and other court processed involving criminal cases
without STF deposits shall be shouldered by the Clerk of Court of the requested court, if
she is receiving RATA or the PJ of the requested court if the COC is not entitled to RATA,
subject to reimbursement pursuant to OCA Circular No. 263-2018
SERVICE OUTSIDE TERRITORIAL JURISDICTION
PREPARATION OF THE STATEMENT AND ESTIMATED TRANSPORTATION AND
TRAVEL EXPENSES (SETTE) AND ITINERARY OF TRAVEL - Item no. 2 of OCA circular no.
149-2021, requires the requested court to provide the following information for the preparation of
SETTE and itinerary of travel by the requesting court, through the facilities of the philippine judiciary
365 (PJ365), to wit:

(a) The corresponding amount prescribed under the requested court’s approved uniform fare
matrix, relative to the service of summons, subpoenas and other court processes to the
residence of the subject party, and the cost of returning the documents; and

(b) The requested court’s sheriff’s trust fund (STF) account number (in case the OCC of the
requesting court is maintaining a savings account) or its account name (in case the OCC of the
requesting court is maintaining a current account) for the issuance of a check or PMO check to
the requested court, for the costs of service and the freight cost to transmit back the documents
to the requesting court.

• Oca circular no. 149-2021 only requires the requested court to provide the necessary
information, through the PJ365, for the preparation of SETTE and itinerary of travel by the
requesting court. The requested court is not required to submit a SETTE and/or itinerary of
travel due to limited number of days to serve court processes. As to approval of the SETTE
and itinerary of travel prepared by the requesting court, the concerned executive judge or
presiding judge, as the case may be, shall be the one to approve the same.
ISSUANCE OF STF OFFICIAL RECEIPT IN CONSIDERATION OF THE FUND
SENT BY THE REQUESTING COURT - The requesting court shall ISSUE STF
official receipt (OR) in consideration of the deposit made to the STF account, and
check or postal money order (PMO) issued by the requesting court for deposit to
the STF account.

The check or Postal Money Order (PMO) must be payable and for deposit to
the STF account of the requested court. The use of PMO is allowed for
transmitting of funds from one court to another pursuant to section 10 of rule 141,
revised rules of court, while the use of PMO as a form of payment of filing fees in
the lower courts is not yet allowed, as clarified under OCA Circular no. 36-2018
dated 26 February 2018.
PROCEDURE IN THE CLAIMS FOR CASH ADVANCE OF THE REQUESTED COURT FOR
THE SERVICE OF COURT PROCESSES - The assigned sheriff/process server of the
requested court shall FOLLOW the usual manner of cash advance, liquidation and
reimbursement of expenses in the service of summons, subpoena and other court processes
assigned to him/her, i.e., the preparation of disbursement voucher (DV), SETTE, and itinerary
of travel for the claim for cash advance, preparation of statement of liquidation, certificate of
completed travel and itinerary of travel in liquidating the said cash advance, or preparation of
statement of reimbursement if the amount given is less than the costs of service.

In case of insufficient fund sent by the requesting court due to multiple attempts of service,
the assigned sheriff/process server may claim for reimbursement from the requesting court. If
the requested court would like to be provided with a fund sufficient for multiple attempts of
service, they may do so. Any excess amount shall be returned to the requesting court in the
same manner as provided under item no. 3 of OCA circular no. 149-2021, i.e., by depositing
the excess amount to the STF account of the requesting court or issuing/buying a
check/PMO payable to the STF account of the requesting court.
RECEIPT OF THE EXCESS AMOUNT RETURNED BY THE REQUESTED COURT –
Upon receipt of the excess amount from the requested court, the receipt of said amount
shall be RECORDED in the cash receipt register (CRR) of the STF and no new OR
shall be issued by the requesting court. The OR number that will be used for the excess
amount, which was recorder in the CRR, shall be the original OR number where the
fund originated.

The use of original STF or in the CRR for the excess amount returned by the requested
court shall replenish the outstanding balance of the deposit made when the case was
filed.
EXECUTING WRITS OUTSIDE TERRITORIAL JURISDICTION –With regard to
sheriffs’ expenses in executing writs issued pursuant to court orders or decisions or
safeguarding the property levied upon, attached or seized, including kilometrage for
each kilometer of travel, guards’ fees, warehousing and similar charges, the attached
forms marked as annexes “G” to “J” under OCA circular no. 149-2021 shall be USED.
No sheriff or deputy sheriff shall execute writs outside his/her territorial jurisdiction
without first notifying in writing, and seeking the assistance of the sheriff of the
place where the execution shall take place, pursuant to paragraph 5 of administrative
circular no. 12, dated 1 October 1985.
 OCA CIRCULAR 263-2018 (27 DECEMBER 2018)

SERVICE OF SUMMONS, SUBPOEANAS AND OTHER

COURT PROCESSES BY POLICE PERSONNEL
In CIVIL CASES, expenses for the service of court processes are covered by Section 10,
Rule 141 of the ROC on legal fees. The required Statement of Estimated Transportation
expenses (SETTE) shall be prepared by the sheriff or process server of the court issuing the
court process. Upon approval thereof by the judge of the issuing court process, the Clerk of
Court shall disburse the amount requested to the sheriff or process server concerned and the
latter shall release the amount to the police personnel, subject to the latter’s
acknowledgment of receipt. The liquidation which is also subject of approval by the court,
shall be prepared by the sheriff or the process server concerned and submitted together with
the return filed by the police personnel.
In CRIMINAL CASES, the reimbursement of transportation and travel expenses may be
requested from the financial management office, OCA pursuant to administrative circular no.
15-2005 dated 22 march 2005, administrative circular no. 51-2010 dated 7 July 2010 and
OCA Circular No. 140-2010 dated 7 October 2010 subject to submission of enumerated
documents.

Executive Judges were directed to prepare their respective Uniform Fare Matrix to simplify
and expedite the reimbursement of transportation and travel expenses
PERTINENT PROVISIONS OF THE
RULES OF COURT PERTAINING TO
SHERIFFS/PROCESS SERVERS
 2019 PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE
RULE 14 A.M. No. 19-10-20-SC
15 October 2019
SUMMONS (Effective: 1 MAY 2020)

2019 AMENDED RULES REMARKS

(of CIVIL PROCEDURE)
Sec. 1. Clerk to issue summons. - Unless the complaint is on
its face dismissible under Section 1, Rule 9 (Defenses and
objections not pleaded), the court shall, within five (5)
calendar 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 defendant.
❑ The amendment in Sec. 1 provides that the court shall
direct the clerk of court to issue the summons, within
five (5) calendar days from receipt of the initiatory
pleading and proof of payment of the requisite legal fees.
❑ Summons need not be issued if the complaint is on its
face dismissible under Sec. 1, Rule 9 ([a] subject matter
jurisdiction, or [b] pendentia litia, or [c] res judicata)

Sec. 2. Contents. - The summons shall be directed to the ❑ The amendment in Sec. 2 added item (b) which provides
defendant, signed by the clerk of court under seal, and contain: that the summons may contain as well an authorization
(a) The name of the court and the names of the parties to the for the plaintiff to serve summons to the defendant, if
action; so authorized by the court upon ex parte motion
(b) When authorized by the court upon ex parte motion, an
authorization for the plaintiff to serve summons to the
defendant;
(c) A direction that the defendant answer within the time fixed by
these Rules; and
(d) A notice that unless the defendant so answers, plaintiff take
judgment by default and may be granted the relief applied for.

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.
 2019 AMENDED RULES
(of CIVIL PROCEDURE)
Sec. 3. By whom served. - The summons 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.
In cases where summons is to be served outside the
judicial region of the court where the case is pending, the
plaintiff shall be authorized to cause the service of
summons.
If the plaintiff is a juridical entity, it shall notify the court in
writing, and name its authorized representative therein,
attaching a board resolution or secretary’s certificate
thereto, as the case may be, stating that such
representative is duly authorized to serve the summons on
behalf of the plaintiff.
If the plaintiff misrepresents that the defendant was served
summons, and it is later proved that no summons was
served, the case shall be dismissed with prejudice, the
proceedings shall be nullified, and the plaintiff shall be
meted appropriate sanctions.
If summons is returned without being served on any or all
of the defendants, the court shall order the plaintiff to
cause the service of summons by other means available
under the Rules.
Failure to comply with the order shall cause the dismissal
of the initiatory pleading without prejudice.
REMARKS
❑ The amendment in the first paragraph of Sec. 1 allows the
plaintiff to serve the summons together with the sheriff,
upon being authorized by the court, in case of failure of the
sheriff, his deputy or other proper court officer to do so.
❑ The second paragraph is a new provision that authorizes the
plaintiff to serve the summons when it is to be served
outside the judicial region of the court.
❑ The third paragraph is a new provision. When a plaintiff is a
juridical entity it shall notify the court in writing (attaching
a board resolution or secretary’s certificate) the name of its
representative who is authorized to serve the summons
on its behalf.
❑ The fourth paragraph is a new provision. A misrepresentation
by the plaintiff that the summons was served, but proven
not so, shall result in the dismissal of the case, with
prejudice, the proceedings nullified and the plaintiff
subject to sanctions.
❑ The fifth paragraph is a new provision. If summons is not
served on any or all of the defendants, the plaintiff may be
ordered to cause the service of summons by other means.
❑ The sixth paragraph is a new provision. Failure of the
plaintiff to comply with the order to serve the summons
shall cause the dismissal of the initiatory pleading without
prejudice.
.
2019 AMENDED RULES
(of CIVIL PROCEDURE)
Sec. 4. Validity of summons and issuance of alias
summons. - Summons shall remain valid until
duly served, unless it is recalled by the court. In
case of loss or destruction of summons, the
court may, upon motion, issue an alias
summons.
There is failure of service after unsuccessful
attempts to personally serve the summons on
the defendant in his address indicated in the
complaint. Substituted service should be in the
manner provided under Section 6 of this Rule. (5)
Sec. 5. Service in person on defendant. - Whenever
practicable, the summons shall be served by
handing a copy thereof to the defendant in person
and informing the defendant that he or she is
being served, or, if he or she refuses to receive and
sign, by leaving the summons within the view and
in the presence of the defendant. (6)
REMARKS
❑This used to be Sec. 5.
❑The amendment in Sec. 4 states that
summons shall remain valid until duly
served, unless recalled by the court. Also, it
is the court (not the clerk of court) who will
issue an alias summons in case of loss or
destruction thereof.
❑Failure of service is when there are
unsuccessful attempts to personally serve the
summons at the defendant’s address as
indicated in the complaint. Also, substituted
service of summons should be pursuant to Sec.
6, Rule 14 (Substituted service).
❑This used to be Sec. 6.
❑The amendment requires that the summons,
when served personally, should also inform
defendant that “he or she is being served”.
Also, when the defendant refuses to receive
and sign, the summons should be left within
the view and in the presence of the
defendant.
 2019 AMENDED RULES
(of CIVIL PROCEDURE)
Sec. 6. Substituted service. - If, for justifiable causes,
the defendant cannot be served personally after at
least three (3) attempts on two (2) separate dates,
service may be effected:
(a) By leaving copies of the summons at the defendant’s
residence to a person at least eighteen (18) years of
age and of sufficient discretion residing therein;
(b) By leaving the copies of the summons at
defendant’s office or regular place of business with
some competent person in charge thereof. A
competent person includes, but not limited to, one
who customarily receives correspondences for the
defendant;
(c) By leaving copies of the summons, if refused
entry upon making his or her authority and purpose
known, with any of the officers of the homeowners’
association or condominium corporation, or its
chief security officer in charge of the community or
the building where the defendant may be found; and
(d) By sending an electronic mail to the defendant’s
electronic mail address, if allowed by the court. (7)
REMARKS
❑This used to be Sec. 7. The amendment allows
substituted service if the defendant cannot be
personally served after at least 3 attempts on 2
separate dates.
❑In item (a), when leaving a copy of the summons
at defendant’s residence it should be to a
person at least 18 years of age and of sufficient
discretion residing in defendant’s residence.
❑In item (b), when leaving copies of the summons
at defendant’s office or regular place of
business it should be to a competent person,
which includes “one who customarily receives
correspondence for the defendant”.
❑Item (c) is a new provision. If refused entry, a new
mode of substituted service is leaving a copy of
the summons with any of the officers of the
homeowners’ association or condominium
corporation, or its chief security officer in charge
of the community or building where the defendant
may be found.
❑Item (d) is a new provision. Substituted service
may be done by sending an electronic mail to
defendant’s email address, if allowed by the court.
 SECTION 8. SERVICE UPON PRISONERS.
When the defendant is a prisoner confined in a jail or institution, service shall be
effected upon him or her by the officer having the management of such jail or
institution who is deemed as a special sheriff for said purpose. The jail
warden shall file a return within five (5) calendar days from service of
summons to the defendant. (9a)
 SECTION 9. SERVICE CONSISTENT WITH
INTERNATIONAL CONVENTIONS

Service of summons is through methods which are consistent with

established international conventions to which the Philippines is a party.
(N)
 SECTION 10. SERVICE UPON MINORS AND
INCOMPETENTS

Upon him or her personally and on his or her legal guardian if he or

she has one, or if none, upon his or her guardian ad litem whose
appointment shall be applied for by the plaintiff. In the case of a
minor, service shall be made on his or her parent or guardian. (10a)
 SECTION 11. SERVICE UPON SPOUSES.

When spouses are sued jointly. Service of summons should be made to

each spouse individually. (N)
SECTION 12. SERVICE UPON DOMESTIC PRIVATE
JURIDICAL ENTITY
If defendant is a corporation, partnership or association organized under the
laws of the Philippines with a juridical personality, service may be made on the
president, managing partner, general manager, corporate secretary, treasurer,
or in-house counsel of the corporation wherever they may be found. Or in
their absence or unavailability, on their secretaries.
If such service cannot be made upon any of the foregoing 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 on the receiver or liquidator, as the case may be.
Should there be a refusal on the part of the persons above-mentioned to receive
summons despite at least three (3) attempts on two (2) different dates. Service
may be made electronically, if allowed by the court, as provided under section
6 of this rule. (11a)
 SECTION 13. DUTY OF COUNSEL OF RECORD.

Where the summons is improperly served and a lawyer makes a special

appearance on behalf of the defendant to, among others, question the
validity of service of summons, the counsel shall be deputized by the
court to serve summons on his or her client. (N)
 SECTION 14. SERVICE UPON FOREIGN PRIVATE
JURIDICAL ENTIT[IES]. -

If the defendant is a foreign private juridical entity which has

transacted or is doing business in the Philippines, as defined by law,
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
effect, or on any of its officers, agents, directors or trustees
within the Philippines.
If the foreign private juridical 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, such service may, with leave of court,
be effected outside of the Philippines through any of the following
means:
(a) personal service coursed through the appropriate court in the
foreign country with the assistance of the [D]epartment of
[F]oreign [A]ffairs;
(b) 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 last known address of the defendant;
(c) facsimile;
(d) electronic means with the prescribed proof of service; or
(e) such other means as the court. in its discretion, may direct. (12a)
 SECTION 15. SERVICE UPON PUBLIC
CORPORATIONS.

If the defendant is the Republic of the

Philippines, service may be effected on the
Solicitor General; in case of a province, city or
municipality, or like public corporations, service
may be effected on its executive head, or on such
other officer or officers as the law or the court
may direct. (13a)
 SECTION 16. SERVICE UPON DEFENDANT
WHOSE IDENTITY OR WHEREABOUTS ARE
UNKNOWN.

If the defendant is designated as an unknown owner, or the like, or

whenever his or her whereabouts are unknown and cannot be ascertained
by diligent inquiry, within ninety (90) calendar days from the
commencement of the action, service may, by leave of court, be effected
upon him or her 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 sixty (60) calendar days after notice, within which the
defendant must answer. (14a)
SECTION 17. EXTRATERRITORIAL SERVICE
If the defendant does not reside and is not found in the
Philippines, and the action affects the personal status
of the plaintiff 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, or in which the relief demanded consists,
wholly or in part, in excluding the defendant from any
interest therein, or the property of the defendant has
been attached within the Philippines, service may, by
leave of court, be effected out of the Philippines by
service as under [s]ection [5] (service to defendant);
or as provided for in international conventions to which the
Philippines is a party: or by publication in a newspaper of
general circulation in such places and for such time as the
court may order, in which case a copy of the summons and
order of the court shall be sent by registered mail to the last
known address of the defendant, or in any other manner the
court may deem sufficient. Any order granting such leave shall
specify a reasonable time, which shall not be less than sixty
(60) calendar days after notice, within which the defendant
must answer. (15a)
SECTION 18. RESIDENTS TEMPORARILY OUT OF
THE PHILIPPINES.

If the defendant is one who ordinarily resides

within the Philippines, but who is temporarily out
of it, service may, by leave of court, be also
effected out of the Philippines, as under the
preceding [s]ection 17. (16a)
SECTION 20. DUTIES OF SHERIFF/PROCESS
SERVERS IN RELATION TO SERVICE OF
SUMMONS

Within thirty (30) calendar days from issuance of

summons by the clerk of court and receipt thereof, the
sheriff or process server, or person authorized by the
court, shall complete its service. Within five (5)
calendar days from service of summons, the server
shall file with the court and serve a copy of the
return to the plaintiff’s counsel, personally, by
registered mail or by electronic means authorized by
the rules.
Should substituted service have been effected, the return shall state
the following:
(1) the impossibility of prompt personal service within a period of
thirty (30) calendar days from issue and receipt of summons;
(2) the date and time of the three (3) attempts on at least two (2)
different dates to cause personal service and the details of the
inquiries made to locate the defendant residing thereat: and
(3) the name of the person at least eighteen (18) years of age and
of sufficient discretion residing thereat, name of competent
person in charge of the defendant’s office or regular place of
business, or name of the officer of the homeowners
association or condominium corporation or its chief security
officer-in-charge of the community or building where the
defendant may be found. (4a)
 SECTION 21. PROOF OF SERVICE.

made in writing by the server and shall set forth the manner,
place, and date of service; shall specify any papers which have
been served 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 or her deputy.
If 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 as proof of service. (18a)
 Republic of the Philippines
______________ Court
______________ Judicial Region
Branch _______

___________________,
Case No. _________
Plaintiff/Petitioner,

-versus-

___________________,
Defendant/Respondent.

SHERIFF’S RETURN OF SUMMONS

(Substituted Service)

THIS IS TO CERTIFY that on _____date_______, the undersigned served the summons, together with
a copy of the Complaint/Petition, upon defendant/respondent _________name_________ at
_______address_______ thru _____representative________, a person of suitable age and discretion
residing therein/ a competent person in charge of defendant’s office or regular place of business, who
signed/refused to acknowledge receipt thereof.

Substituted service was resorted to because defendant/respondent cannot be served promptly

in person for the following justifiable reasons:
__________________________________________________________________ (state efforts made to find the
defendant personally and the fact that such efforts failed.).

The original copy of the summons is, therefore, respectfully returned, DULY SERVED.

____________________, _________________, 20___.

 SECTION 22. PROOF OF SERVICE BY
PUBLICATION

Affidavit of the publisher, editor, business or

advertising manager, to which 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 or her
last known address. (19a)
 RULE 21 SUBPOENA AND SUBPOENA
DUCES TECUM
Is a process directed to a person requiring him or her to attend and to testify at the hearing or
the trial of an action, or at any investigation conducted by competent authority, or for the
taking of his or her deposition. It may also require him to bring with him or her any books,
documents, or other things under his or her control, in which case it is called a subpoena
duces tecum. (1a)

Who issues:
The subpoena may be issued by:
(a) the court before whom the witness is required to attend;
(b) the court of the place where the deposition is to be taken;
(c) the officer or body authorized by law to do so in connection with investigations conducted
by said officer or body; or (d) [a]ny justice of the supreme court or the court of appeals in
any case or investigation pending within the Philippines. (Section 2)
 RULE 21
SUBPOENA
1997 RULES
(of CIVIL PROCEDURES)
Sec. 6. Service. - Service of a subpoena shall
be made in the same manner as personal or
substituted service of summons. The original
shall be exhibited and a copy thereof delivered
to the person on whom it is served, tendering
to him the fees for one day’s attendance and
the kilometrage allowed by these Rules,
except that, when a subpoena is issued by or
on behalf of the Republic of the Philippines or
an officer or agency thereof, the tender need
not be made.
The service must be made so as to allow the
witness a reasonable time for preparation and
travel to the place of attendance. If the
subpoena is duces tecum, the reasonable cost
of producing the books, documents or things
demanded shall also be tendered.
2019 AMENDED RULES
(of CIVIL PROCEDURE)
Sec. 6. Service. - Service of a subpoena
shall be made in the same manner as
personal or substituted service of
summons. The original shall be exhibited
and a copy thereof delivered to the person
on whom it is served. The service must be
made so as to allow the witness a
reasonable time for preparation and travel
to the place of attendance.
Cost for court attendance and the
production of documents and other
materials subject of the subpoena shall
be tendered or charged accordingly.
REMARKS
❑ The amendment in the first
paragraph of Sec. 6 is that the
matters on “the need to tender the
fees to the person subject of the
subpoena for one day’s attendance
and the kilometrage allowed, as well
as on the subpoenas issued on
behalf of the Republic of the
Philippines or an officer or agency
thereof”, have been DELETED.
❑ Also, the entire second paragraph
has been re-worded.
❑ The cost for court attendance and
the production of documents and
other materials subject of the
subpoena has to be tendered or
charged accordingly.

NOTE1: No amendment in the Rule on CALENDAR OF CASES which should be now RE-NUMBERED as Rule 19 (not
Rule 20)
NOTE2: The Rule on SUBPOENA should now be RE-NUMBERED as Rule 20 (not Rule 21).
NOTE3: No amendment in Sec. 2 (By whom issued), Sec. 3 (Form and contents), Sec. 4 (Quashing a subpoena) and Sec. 5
(Subpoena for depositions)
NOTE4: The amendments in Sec. 1 (Subpoena and subpoena duces tecum), Sec. 7 (Personal appearance in court), Sec. 8
(Compelling attendance), Sec. 9 (Contempt), and Sec. 10 (Exceptions) are merely gender-based.
 SECTION 8. COMPELLING ATTENDANCE

In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof
of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of
the province, or his or her deputy, to arrest the witness and bring him or her before the court
or officer where his or her attendance is required, and the cost of such warrant and seizure of
such witness shall be paid by the witness if the court issuing it shall determine that his or her
failure to answer the subpoena was willful and without just excuse. (8a)
 RULE 39 – EXECUTION, SATISFACTION
AND EFFECT OF JUDGMENT
❑ Clerks of Court issue writ of execution
❑ Sheriffs or other proper officer to implement the same
❑ There must be a return immediately after the judgment has been
satisfied in part or in full (within 30 days) and report every 30 days if
writ still being implemented to its full satisfaction
❑ There are different kinds of execution (money judgment [demand
payment, levy, garnishment], conveyance, delivery of deeds, sale of
real or personal property, delivery or restitution of real property,
removal of improvements, etc.])
❑ There are properties exempt from execution like family home,
ordinary tools, professional libraries, salaries, wages or earnings
needed for support of family, monies, benefits, or privileges from life
insurance, etc. (Sec. 13)
❑ Levied properties claimed by third persons need not be levied
 SECTION 9. EXECUTION OF JUDGMENTS FOR
MONEY, HOW ENFORCED
(A) Immediate payment –

The officer shall enforce an execution of a judgment for money by demanding from the judgment
obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees.
The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or
any other form of payment acceptable to the latter, the amount of the judgment debt under proper
receipt directly to the judgment obligee or his authorized representative if present at the time of
payment. The lawful fees shall be handed under proper receipt to the executing sheriff who
shall turn over the said amount within the same day to the clerk of court of the court that
issued the writ.

If the judgment obligee or his authorized representative is not present to receive payment, the
judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn
over all the amounts coming into his possession within the same day to the clerk of court of
the court that issued the writ, or if the same is not practicable, deposit said amounts to a
fiduciary account in the nearest government depository bank of the regional trial court of
the locality.

In no case shall the executing sheriff demand that any payment by check be made
payable to him.
( B) satisfaction by levy
If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or
other mode of payment acceptable to the judgment obligee, the officer shall levy upon the
properties of the judgment obligor of every kind and nature whatsoever which may be
disposed of for value and not otherwise exempt from execution giving the latter the
option to immediately choose which property or part thereof may be levied upon,
sufficient to satisfy the judgment.
If the judgment obligor does not exercise the option, the officer shall first levy on the
personal properties, if any, and then on the real properties if the personal properties are
insufficient to answer for the judgment. The sheriff shall sell only a sufficient portion of the
personal or real property of the judgment obligor which has been levied upon. When there is
more property of the judgment obligor than is sufficient to satisfy the judgment and
lawful fees, he must sell only so much of the personal or real property as is sufficient to
satisfy the judgment and lawful fees. Real property, stocks, shares, debts, credits, and
other personal property, or any interest in either real or personal property, may be levied
upon in like manner and with like effect as under a writ of attachment.
( C ) Garnishment of Debts and Credits.

How executed:

The officer may levy on debts due the judgment obligor and
other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual
delivery in the possession or control of third parties.

Contents of report:

Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits
to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all
lawful fees.
The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating
whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report
shall state how much funds or credits the garnishee holds for the judgment obligor.

Delivery of garnished debts and credits:

The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered
directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such
delivery, except the lawful fees which shall be paid directly to the court. In the event there are two or more garnishees holding
deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or
garnishees who shall be required to deliver the amount due; otherwise, the choice shall be made by the judgment obligee. The
executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment
obligee. (8a, 15a)
 A.M. NO. P-12 -3097 NOVEMBER 26, 2012
(FORMERLY OCA IPI NO. 09-3311-P)

The following are the duties of a sheriff under Section 9, Rule 39 of the ROC (Execution of
judgments for money which covers (i) Immediate Payment; (b) Satisfaction by Levy; and (c)
garnishment of debts and credits):
1) to first make a demand from the obligor for the immediate payment of the full amount
stated in the writ of execution and of all lawful fees;
(2) to receive payment in the form of cash, certified bank check payable to the obligee, or
any other form of payment acceptable to the latter;
(3) to levy upon the properties of the obligor, not exempt from execution, if the latter cannot
pay all or part of the obligation;
(4) give the obligor the opportunity to exercise the option to choose which property may be
levied upon;
(5) in case the option is not exercised, to first levy on the personal properties of the obligor,
including the garnishment of debts due the obligor and other credits, i.e., Bank deposits,
financial interests, royalties, commissions and
(6) to levy on real properties if the personal properties are insufficient to answer for the
judgment.
In addition, section 14, rule 39 of the rules of court imposes upon a sheriff the duty to submit
a sheriff’s return, thus:

Sec. 14. Return of writ of execution. — The writ of execution shall be returnable to the court
issuing it immediately after the judgment has been satisfied in part or in full. If the judgment
cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall
report to the court and state the reason therefor. Such writ shall continue in effect during the
period within which the judgment may be enforced by motion. The officer shall make a report
to the court every thirty (30) days on the proceedings taken thereon until the judgment is
satisfied in full, or its effectivity expires. The returns or periodic reports shall set forth the
whole of the proceedings taken, and shall be filed with the court and copies thereof promptly
furnished the parties.

These provisions underscore the ministerial nature of the functions of the sheriff’s
office. The sheriff has no discretion on the manner of implementing a writ of execution. The
sheriff must strictly abide by the prescribed procedure to avoid liability.

We have previously held that a sheriff’s deviation from the procedure laid down by the rules
warrants disciplinary action. In Atty. Bansil v. De leon, (529 PHIL. 144, 148 (2006), the
court declared that a lapse in following the prescribed procedure (such as the sheriff’s failure
to make a return) is equivalent to simple neglect of duty. Simple neglect of duty is defined as
the "failure of an employee to give one's attention to a task expected of him, and signifies a
disregard of a duty resulting from carelessness or indifference."
 RULE 57 – PRELIMINARY
ATTACHMENT
❑ May be issued ex-parte or upon motion
❑ Affidavit and bond required for validity thereof
❑ A return should be submitted without delay by the
sheriff
❑ Real and personal property may be attached,
including debts, credits and similar properties, interest
in property belonging to the estate of the decedent
❑ Attached property may be discharged if attachment
improperly issued or the bond is insufficient
 WRIT OF ATTACHMENT (SECTION 1,
RULE 57 ROC)
At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may have the
property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following
cases:

(A) in an action for the recovery of a specified amount of money or damages, other than moral and exemplary, on a cause of
action arising from law, contract, quasi-contract, delict or quasi- delict against a party who is about to depart from the
philippines with intent to defraud his creditors;

(b) in an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer,
or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by
any other person in a fiduciary capacity, or for a willful violation of duty;

(c) in an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the
property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the
applicant or an authorized person;

(d) in an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which
the action is brought, or in the performance thereof;
(e) in an action against a party who has removed or disposed of his property, or is about to do so, with intent to defraud his
creditors; or (f) in an action against a party who does not reside and is not found in the philippines, or on
whom summons may be served by publication. (1a)
• Requires the sheriff of the court to attach so much of the property in the Philippines of the
party against whom it is issued, not exempt from execution, as may be sufficient to
satisfy the applicant’s demand, unless such party makes deposit or gives a bond as
hereinafter provided in an amount equal to that fixed in the order, which may be the
amount sufficient to satisfy the applicant’s demand or the value of the property to be
attached as stated by the applicant, exclusive of costs. Several writs may be issued at
the same time to the sheriffs of the courts of different judicial regions. (2a) of the
ROC
 MANNER OF ATTACHING PROPERTY UNDER
WRIT OF PRELIMINARY ATTACHMENT
(SECTION 5, ROC, AS AMENDED)
The sheriff enforcing the writ shall without delay and with all
reasonable diligence attach, to await judgment and execution in the action, only so much of the
property in the Philippines of the party against whom the writ is issued, not exempt from execution,
as may be sufficient to satisfy the applicant’s demand, unless the former makes a deposit with the
court from which the writ is issued, or gives a counter-bond executed to the applicant, in an amount
equal to the bond fixed by the court in the order of attachment or to the value of the property to be
attached, exclusive of costs. No levy on attachment pursuant to the writ issued under section
2 hereof shall be enforced unless it is preceded, or contemporaneously accompanied, by
service of summons, together with a copy of the complaint, the application for attachment,
the applicant’s affidavit and bond, and the order and writ of attachment, on the defendant
within the Philippines. The requirement of prior or contemporaneous service of summons shall
not apply where the summons could not be served personally or by substituted service despite
diligent efforts, or the defendant is a resident of the Philippines temporarily absent therefrom, or the
defendant is a non-resident of the Philippines, or the action is one in rem or quasi in rem. (5a)
SHERIFF’S RETURN (SECTION 6, ROC, AS
AMENDED)
After enforcing the writ, the sheriff must likewise without delay make a
return thereon to the court from which the writ issued, with a full statement of his
proceedings under the writ and a complete inventory of the property attached,
together with any counter-bond given by the party against whom attachment is issued,
and serve copies thereof on the applicant. (6a)
 RULE 58 – PRELIMINARY
INJUNCTION

❑ May be issued upon filing a verified application

and posting of bond; notice requirement
needed
❑ Application may be objected to owing to the
insufficiency thereof
❑ Require a party to refrain from performing a
particular act
 RULE 60 - REPLEVIN

❑ May be issued to recover possession of personal property

❑ Affidavit and bond required for validity thereof
❑ Copy of order granting the writ, including the application, affidavit and
bond, to be served by the sheriff and seized property kept in a secured
place
❑ Counter-bond may be filed by the adverse party for the return of the
subject property, double the value thereof
❑ Replevined property to be delivered to the applicant after 5 days
❑ If a third party claims the property and serves an affidavit regarding
ownership thereof, replevined property need not be kept
❑ Return must be done within 10 days from the taking of the personal
property
 RULE 141, LEGAL FEES
(as amended per Resolution dated 20 July
2004 in A.M. No. 04-2-04-SC that became
effective on 16 August 2004)

Sec. 10. Sheriffs, Process Servers and other persons serving

processes
 SHERIFF’S TRUST FUND
SEC. 10. Sheriffs, PROCESS SERVERS and other persons serving processes.c
(a) For serving summons and copy of complaint, for each defendant. TWO HUNDRED (P200.00) PESOS;
(b) For serving subpoenas in civil action or OTHER proceedings, for each witness to be served, ONE HUNDRED (P100.00) PESOS;
(c) For executing a writ of attachment against the property of defendant, FIVE HUNDRED (P500.00) PESOS per defendant;
(d) For serving and implementing a temporary restraining order, or writ of injunction, preliminary or final, of any court, THREE HUNDRED (P300.00)
PESOS per defendant;
(e) For executing a writ of replevin, FIVE HUNDRED (P500.00) PESOS;
(I) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, ONE HUNDRED (P100.00) PESOS;
(g) For executing a writ or process to place a party in possession of real PROPERTY OR estates, THREE HUNDRED (P300.00) PESOS per property;
(h) For SERVICES RELATING TO THE POSTING AND PUBLICATION REQUIREMENTS UNDER RULE 39 (EXECUTION, SATISFACTION AND EFFECT OF
JUDGMENTS) AND IN EXTRAJUDICIAL FORECLOSURE OF MORTGAGE BY SHERIFF OR NOTARY PUBLIC besides the cost of publication, ONE HUNDRED AND
FIFTY (P150.00) PESOS;
(i) For taking inventory of goods levied upon when the inventory is ordered by the court, THREE HUNDRED (P300.00) PESOS per day or actual
inventory;
(j) For levying on execution on personal or real property, THREE HUNDRED (P300.00) PESOS;
(k) For issuing a notice of garnishment, for each notice, ONE HUNDRED (P100.00) PESOS;
(l) For money collected by him ACTUAL OR CONSTRUCTIVE (WHEN HIGHEST BIDDER IS THE MORTGAGEE AND THERE IS NO ACTUAL COLLECTION OF
MONEY) by order, execution, attachment, or any other process, judicial or extrajudicial, which shall immediately be turned over to the Clerk of Court, the
following sums shall be paid to the clerk of court to wit:
(1) On the first FOUR THOUSAND (P4,000.00) PESOS, FIVE AND A HALF (5.5%) per centum;
(2) On all sums in excess of FOUR THOUSAND (P4,000.00) PESOS, THREE (3%) per centum;
IN ADDITION TO THE FEES ABOVE FIXED, x x x x
 IMPORTANT!
1) OCA CIRCULAR NO. 135-2009, dated October 1, 2009, was
reiterated in A.M. No. 17-12-09-SC dated 10 January 2018
• The Supreme Court En Banc clarified that STF is not part of the legal
fees.
• It should be collected even from those listed as exempted from the
payment of legal fees, including government agencies.
• The use of the STF is not limited to sheriffs but actually involve process
servers and those court personnel designated to serve notices,
subpoenas and other court processes.
2) OCA Circular No. 263-2018, December 27, 2018
• directed all Executive Judges and Judges of single sala courts to submit
a uniform fare matrix to simplify and expedite the disbursement and
liquidation of transportation and travel expenses.
THE APPROVED FARE MATRIX
 DEPOSIT OF P1,000.00

❑The amount of ONE THOUSAND (P1,000.00)

PESOS shall be DEPOSITED with the CLERK OF
COURT upon FILING of the COMPLAINT to
DEFRAY the ACTUAL TRAVEL EXPENSES of the
SHERIFF, PROCESS SERVER or other court
authorized persons in the SERVICE of SUMMONS,
SUBPOENA and other COURT PROCESSES that
would be ISSUED relative to the TRIAL of the CASE
NOTE: This sum is collected in addition to the fees fixed in Sec. 10, Rule 141 (such as
P200.00 for summons and copy of complaint served on each defendant or P100.00 for
each witness to be served with a subpoena). NO ONE SHOULD ADVANCE EXPENSES
FOR SERVING SUMMONS, SUBPOENAS AND OTHER COURT PROCESSES.
 WHEN P1,000.00 DEPOSIT IS NOT
SUFFICIENT

❑In case the INITIAL DEPOSIT of

P1,000.00 is NOT SUFFICIENT, then the
PLAINTIFF or PETITIONER shall be
REQUIRED to MAKE an ADDITIONAL
DEPOSIT.
NOTE: Any DEFICIENCY should be DISCLOSED or
COMMUNICATED to the plaintiff or petitioner and the ADDITIONAL
AMOUNT shall be DEPOSITED with the Clerk of Court. The initial
P1,000.00 should be used up first before requesting for an additional
deposit.
 ESTIMATE OF TRAVEL EXPENSES

❑The SHERIFF, PROCESS SERVER or other court

authorized person shall submit to the court for its
approval a STATEMENT of the ESTIMATED TRAVEL
EXPENSES for SERVICE of SUMMONS and COURT
PROCESSES.

NOTE: The ESTIMATE is INDISPENSABLE. And this should be

APPROVED by the COURT, not by the Clerk of Court.
 RELEASE OF STF

❑Once (the ESTIMATE is) APPROVED,

the Clerk of Court shall RELEASE the
MONEY to said SHERIFF or PROCESS
SERVER.
NOTE: Only the APPROVED AMOUNT is released to defray
TRAVEL EXPENSES to be incurred in serving summons,
subpoenas and other court processes.
 LIQUIDATION OF RELEASED STF

❑After service, a STATEMENT of LIQUIDATION shall

be SUBMITTED to the COURT for APPROVAL.

NOTE: The LIQUIDATION is SUBMITTED to the Court, not to the

Clerk of Court. And the liquidation should be approved by the Court
in order to release the SHERIFF, PROCESS SERVER or other
court authorized personnel from his/her liability regarding the
amount of the STF released to him/her.
 RETURN OF EXCESS STF

❑After RENDITION of JUDGMENT by the court, any

EXCESS from the DEPOSIT shall be RETURNED to
the PARTY who made the DEPOSIT.

NOTE: The proceedings or trial should be terminated before any

EXCESS is RETURNED to the party who deposited the STF. The
STF is not money of the court and is held in trust for the party that
deposited the same.
 SERVICE OF COURT PROCESSES IN
OTHER JURISDICTIONS
❑In case a REQUEST to SERVE the SUMMONS and the
OTHER PROCESSES is MADE to the clerk of court and
ex-officio sheriff who has jurisdiction over the place where
the defendant or the person subject of the process resides,
a REASONABLE AMOUNT shall be WITHDRAWN from
said DEPOSIT by the clerk of court issuing the process for
the PURCHASE of a POSTAL MONEY ORDER to COVER
the ACTUAL EXPENSES of the serving sheriff (or process
server).
NOTE: Processes may be served through sheriffs, process servers and
other persons serving processes in places where the concerned party is
residing using the STF deposited with the court of origin.
 ACT NO. 3135, as amended*
(An Act to Regulate the Sale of Property under
Special Powers Inserted in or Annexed to Real
Estate Mortgages)
Approved on 06 March 1924

*As amended by Act No. 4118 dated 07 December 1933

 SPECIAL POWER OF ATTORNEY IS
REQUIRED

❑Act No. 3135 applies “(w)hen a SALE is MADE

under a SPECIAL POWER INSERTED IN or
ATTACHED to any REAL ESTATE MORTGAGE
hereafter made as security for the payment of
money or the fulfillment of any other obligation”
(Sec. 1)
NOTE: Extrajudicial foreclosure takes place when the Real Estate
Mortgage (REM) involves a special power of attorney allowing the
mortgagee (creditor) to foreclosure the same and is designated
as an attorney-in-fact on behalf of the mortgagor (debtor) for
purposes thereof.
 SALE WITHIN PROVINCE OR
CITY WHERE PROPERTY TO BE
SOLD IS LOCATED

❑Sale CANNOT be MADE LEGALLY OUTSIDE of the

PROVINCE (or CITY) in which the PROPERTY
SOLD is SITUATED
❑In case the PLACE is SUBJECT to STIPULATION,
such SALE shall be MADE in SAID PLACE (Sec. 2)
NOTE: The PLACE of SALE is DETERMINED by the
LOCATION of the PROPERTY to BE SOLD or subject of the
extrajudicial foreclosure sale
 NOTICE OF SALE

❑NOTICE (of extrajudicial foreclosure sale) shall be given

by POSTING NOTICES of the sale for NOT LESS THAN
TWENTY (20) DAYS in at least THREE (3) PUBLIC
PLACES of the municipality or city where the
PROPERTY is SITUATED
❑If PROPERTY is WORTH MORE THAN P400.00, such
NOTICE shall also be PUBLISHED ONCE A WEEK for at
least THREE CONSECUTIVE WEEKS in a
NEWSPAPER of GENERAL CIRCULATION in the
municipality or city (Sec. 3)

NOTE: Effectively, ALL NOTICES for EXTRAJUDICAL

FORECLOSURE SALES must be PUBLISHED since most real
properties are worth more than P400.00.
 SALE AT PUBLIC AUCTION

❑SALE shall be made at PUBLIC

AUCTION (between 9am to 4pm) and
shall be UNDER the DIRECTION of the
SHERIFF xxx or a notary public (Sec. 4)
NOTE: Auction sale cannot be assigned by the sheriff to
another person. Public auction requires the submission of
bids from interested parties.
In connection therewith, the CREDITOR, TRUSTEE or OTHER
PERSONS authorized to ACT for the CREDITOR, MAY
PARTICIPATE in the bidding and purchase under the same
conditions as any other bidder (Sec. 5)
 REDEMPTION OF AUCTIONED
PROPERTY
❑The DEBTOR, his SUCCESSORS IN INTEREST or any
JUDICIAL CREDITOR or JUDGMENT CREDITOR of said
DEBTOR, or any PERSON having a LIEN on the
PROPERTY subsequent to the mortgage or deed of trust
under which the property is sold, MAY REDEEM the same
at any time within the term of ONE YEAR from and after
the DATE of the SALE (Sec. 6, as amended by Act No.
4118)
NOTE: The REDEMPTION of the AUCTIONED PROPERTY may be
exercised NOT ONLY by the DEBTOR, but OTHER PERSONS who may
have an INTEREST over the SAID PROPERTY. (The Certificate of
Sale establishes the redemption period.)
 WRIT OF POSSESSION DURING
REDEMPTION PERIOD
❑The PURCHASER may PETITION the (Regional Trial
Court) of the province or place where the PROPERTY or
any part thereof is SITUATED, to give him POSSESSION
THEREOF during the REDEMPTION PERIOD, furnishing
BOND in an amount equivalent to the use of the property
for a period of 12 months. The PETITION may be filed as
an ex-parte motion, if property is not registered, or a
special proceedings, if property is registered. (Sec. 7, as
amended by Act No. 4118)

NOTE: The DEBTOR may, in the proceedings in which possession was

requested, but not later than 30 days after the purchaser was given possession,
petition that the SALE be SET ASIDE and the WRIT of POSSESSION
CANCELLED, because the mortgage was not violated or the sale was not made
in accordance with the provisions of Act 3135, as amended. (Sec. 8, as amended)
 THANK YOU VERY MUCH.
Do good. Be good. Keep safe.
Stay fit, healthy and strong.
Good luck to all of you!!!!