CIVIL PROCEDURE 1
By: Vince Andrei P. Wacdagan
RULE 14
SUMMONS
SUMMONS
- Summons is the writ by which the
defendant is notified of the action brought
against him or her.
TWO-FOLD PURPOSE
1. to acquire jurisdiction over the
person of the defendant
2. to notify the defendant that an action
has been commenced so that he may be
given an opportunity to be heard on the
claim against him.
SUMMONS IN ACTIONS IN PERSONAM
- In an action in personam, the purpose of
summons is not only to comply with due
process but also to acquire jurisdiction
over the person of the defendant.
GR:
“No man shall be affected by any proceeding to
which he is a stranger and strangers in a case are
not bound by a judgment of the court.”
EFFECT OF KNOWLEDGE OF THE
FILLING OF THE ACTION
- Jurisdiction over the person of the
defendant cannot be acquired
notwithstanding his knowledge of the
pendency of a case against him, unless he
was validly served with summons. Such
is the important role a valid of service with
summons.
VOLUNTARY APPEARANCE BY THE
DEFENDANT
“SEC. 23. 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.”
- The defendant is deemed to have
made a voluntary appearance when he
filed an answer to the complaint or
actively participated in the case.
- In another case, the trial court was
held to have acquired jurisdiction over the
person of the defendant when he filed the
“Omnibus Motion for Reconsideration
and to Admit Attached Answer.” This
was equivalent to service of summons and
vested the trial court with jurisdiction over
the person of the defendant.
- One who seeks an affirmative
relief is deemed to have submitted to the
jurisdiction of the court.
EXCEPTION: The act of making a
conditional or special appearance in court
to object to the jurisdiction of that court
over his person, is not to be deemed a
voluntary appearance.
WHO ISSUES THE SUMMONS (Sec.
1, Rule 14)
- the clerk of court to issue the
corresponding summons to the defendants.
EXCEPTION: The complaint is on its
face dismissible under Sec. 1, Rule 9,
 CIVIL PROCEDURE 1
By: Vince Andrei P. Wacdagan
WHEN SUMMONS IS ISSUED (Sec. 1,
Rule 14)
- Summons shall be issued within
five (5) calendar days from receipt of the
initiatory pleading and proof of payment of
the requisite legal fees, direct
TO WHOM SUMMONS IS
DIRECTED (Sec. 1, Rule 14)
- The summons is a writ that is
directed to the defendant, not the plaintiff.
WHO SERVES SUMMONS (Sec. 3,
Rule 14)
1. By the sheriff, his or her deputy, or
other proper court officer.
2. In case of failure of service of
summons, the court may authorize
the plaintiff, together with the
sheriff.
3. 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.
4. 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.
WHAT WILL HAPPEN IF THE PLAINTIFF
DIDN’T SERVE THE SUMMONS TO
DEFENDANT? (Sec. 3, Rule 14)
o 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.
o If summons is returned without
being served on any or all the
defendants, the court shall order
the plaintiff to cause the service
of summons by other means
available under the Rules.
o Failure to comply with the order
shall cause the dismissal of the
initiatory pleading without
prejudice.
CONTENTS OF THE SUMMONS (Sec.
2, Rule 14)
(a) The name of the court and the
names of the parties to the action;
(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 will
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.
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By: Vince Andrei P. Wacdagan

VALIDITY OF SUMMONS AND ISSUANCE o Upon the person in charge of the

OF ALIAS SUMMONS (Sec. 4, Rule 14)
- 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.
SERVICE IN PERSON ON DEFENDANT
(Sec. 5, Rule 14)
- Service in person is effected by handling
a copy of the summons to the defendant
in person. If he refuses to receive and sign
for it, the remedy of the server is to leave
the summons within the view and in the
presence of the defendant.
- the return shall state:
office or of the place of business
maintained in such name.
SERVICE UPON A PRISONER (Sec. 8, Rule
14)
RETURN AND PROOF OF SERVICE (Sec.
20, Rule 14)
- 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,

SERVICE UPON AN ENTITY WITHOUT A (1) The impossibility of prompt personal

JURIDICAL PERSONALITY (Sec. 7, Rule 14) service within a period of thirty (30)
calendar days from issue and receipt of
- When persons associated in an entity summons;
without juridical personality are sued
under the name by which they are (2) The date and time of the three (3)
generally or commonly known. attempts on at least (2) two separate
- Thus, if A, B and C enter into a transaction dates to cause personal service and the
under the name, ABC Corporation, an details of the inquiries made to locate the
entity which has actually no juridical defendant residing thereat; and
personality, A, B, and C, may be sued
under the name, ABC Corporation.
- Under the Sec. 8 of Rule 14, the summons
be served upon the non-existent
corporation through service may be
effected upon all the defendants by serving
summons upon
o Any one of them
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By: Vince Andrei P. Wacdagan

(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.