Summons (Rule 14)  Shall be served by handing a copy to the defendant in person and informing him/her

Page 34 in Reviewer that he is served. If there is refusal to receive and sign, leaving it within the view and
presence of the defendant.
Note the amendments in the following sections of Rule 14: Sec. 1; Sec. 2; Sec. 3; Sec. 4; Sec. 5; b) Substituted service (S6)
Sec. 6; Sec. 8; Sec. 9 (new version); Sec. 11 (new); Sec. 12 (new version); Sec. 13 (new); Sec. 14  Cannot personally be served in three attempts and two different dates.
(formerly Sec. 12); Sec. 16 (formerly Sec. 14); Sec. 17 (formerly Sec. 15); Sec. 20 (formerly Sec.  Residence
4); Sec. 21 (formerly Sec. 18); Sec. 23 (formerly Sec. 20)  Office
 If refused: officers of homeowners or condo, security officer of the building.
Summons is a court process in which the defendant is notified that the plaintiff has commenced an  E-mail (if allowed by court)
action against him or her before a particular court.
c) Service consistent with international convention (S9)
1. Nature and purpose of summons in relation to actions in personam, in rem and quasi in rem  Philippines is a party of such convention.

Jurisdiction over the person (in personam). Service of summons serves two purposes: 4. Proof of service
1) The vest the court jurisdiction over the person of the defendant. a) Return (S20)
2) To afford to the defendant the opportunity to be heard on the claim brought against b) Proof of service (S21)
him or her. c) Proof of service by publication (S22)
Effect of defective service of summons: jurisdiction is not acquired, and all proceedings taken
by the court including judgement it rendered thereon, shall be void. 5. Specific requirements on service on individuals
a) Service upon prisoners (S8)
In real actions or actions in rem (even in quasi in rem) – service of summons is only for the  If prisoner: officer or the jail managing the same.
purpose of giving the defendant the opportunity to answer the complaint in compliance with
the requirement of due process. This is due to the fact that in such cases, what matters is that b) Service upon minors and incompetents (S10)
the court acquires the jurisdiction over the thing or res. c) Service upon spouses (S11)
 Sued jointly, served individually.
Summons is issued when complaint is not dismissible based on face on the ground of:
 Lack of jurisdiction d) Service upon entity without juridical personality (S7)
 Litis pendentia
 Res judicata 6. Specific requirements on service on juridical entities
 Prescription (statute of limitations) a) Service upon domestic private juridical entity (S12)
 Service may be served on the President, General Manager, Corporate Secretary,
2. Summons in general. Treasurer, or inhouse counsel.
a) Clerk to issue summons (S1)  If not available, served in head office.
b) Contents (S2)  Entity under receivership/liquidation, shall be made through receiver or liquidator.
c) By whom served (S3)  Refusal: be served electronically upon approval of the court.

d) Validity of summons and issuance of alias summons (S4)

 Valid until duly served unless it is recalled by the court. b) Service upon foreign private juridical entities (S14)
 Alias summons (loss or destruction of summons). c) Service upon public corporations (S15)

3. Modes of service 7. Constructive service

a) Personal service (S5) a) Leave of court (S19)

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  Any application to the court under this Rule to effect service in any manner for
which leave of court is necessary shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his or her behalf, setting forth grounds for
the application.
b) Service upon defendant whose identity whereabouts are unknown (S16)
c) Residents temporarily out of the Philippines (S18)
 courts over such bank, and service of notices on such agent or head shall be as binding upon the
d) Extraterritorial service (S17)
 Applicable if defendant is not within the Philippines. With leave of court, through
publication of the place of the defendant.
8. Voluntary appearance (S23)
 Defendant’s voluntary appearance shall be equivalent to service of summons.
 Inclusion in a motion to dismiss shall also be deemed voluntary appearance.
a) Duty of counsel of record (S13)
Notes on reading.
 Effect of misrepresentation of the plaintiff that summons was served.
 Nullification of the proceedings.
 Dismissal of the case with prejudice.
 The plaintiff will be meted with appropriate actions.
 Personal service is the preferred mode of how summons is served.
 For juridical entities, the enumerations is restricted: President, Managing Partner, Managing
Director, Corporate Secretary, Treasurer, or In-House Counsel (or their Secretaries).
Sec. 128, Corporation Code
Section 128. Records in Lieu of Meetings. - When action is needed on any matter, it shall be
sufficient to prepare a written resolution, signed and dated by the single stockholder; and recorded
in the minutes book of the One Person Corporation. The date of recording in the minutes for all
purposes under this Code.
Sec. 190, Insurance Code; now Sec. 196 of PD 612 as amended by 10607
"Section 190. For purposes of this Code, the term insurer or insurance company shall include all
partnerships, associations, cooperatives or corporations, including government-owned or -
controlled corporations or entities, engaged as principals in the insurance business, excepting
mutual benefit associations. Unless the context otherwise requires, the term shall also include
professional reinsurers defined in Section 288. Domestic company shall include companies
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formed, organized or existing under the laws of the Philippines. Foreign company when used
without limitation shall include companies formed, organized, or existing under any laws other
than those of the Philippines.
Sec. 76, General Banking Law of 2000, R.A. No. 8791
Section 76. Summons and Legal Process. - Summons and legal process served upon the Philippine
agent or head of any foreign bank designated to accept service thereof shall give jurisdiction to the
bank which he represents as if made upon the bank itself. Should the authority of such agent or
head to accept service of summons and legal processes for the bank or notice to it be revoked, or
should such agent or head become mentally incompetent or otherwise unable to accept service
while exercising such authority, it shall be the duty of the bank to name and designate promptly
another agent or head upon whom service of summons and processes in legal proceedings against
the bank and of notices affecting the bank may be made, and to file with the Securities and
Exchange Commission a duly authenticated nomination of such agent. In the absence of the agent
or head or should there be no person authorized by the bank upon whom service of summons,
processes and all legal notices may be made, service of summons, processes and legal notices may
be made upon the Bangko Sentral Deputy Governor In-Charge of the supervising and examining
departments and such service shall be as effective as if made upon the bank or its duly authorized
agent or head. In case of service for the bank upon the Bangko Sentral Deputy Governor In-charge
of the supervising and examining departments, the said deputy Governor shill register and transmit
by mail to the president or the secretary of the bank at its head or principal office a copy, duly
certified by him, of the summons, process, or notice. The sending of such copy of the summons,
process, or notice shall be a necessary part of the services and shall complete the service. The
registry receipt of mailing shall be prima facie evidence of the transmission of the summons,
process or notice. All costs necessarily incurred by the said Deputy Governor for the making and
mailing and sending of a copy of the summons, process, or notice to the president or the secretary
of the bank at its head or principal office shall be paid in advance by the party at whose instance
the service is made. (17)
Cases from the book:
 Domagas vs Jensen, GR No. 158407
For purposes of effective service of summons, an action for recovery of real property, such as
unlawful detainer or forcible entry, is considered as a real action and an action in personam.
This is due to the fact that such action involves the enforcement of a personal right and an
obligation and the judgement that may be rendered thereon may impose some responsibility
or liability directly upon the person of the defendant. Hence, to validly render judgement
thereon, the court should acquire jurisdiction over the person through proper service of
summons or by his or her voluntary appearance.
 Vlason Enterprises Corp. vs CA
 Where the complaint was amended after the defendant has already appeared in court, there is
no need to issue and serve new summons and the amended complaint may be served upon
such defendant even if the new causes of action are alleged in the amended complaint.
Defendant, however, is given the opportunity to file an answer based on the amended
complaint. This is so because the court has already acquired jurisdiction over his or her person
and due process is duly observed by allowing the defendant to answer the amended complaint.
Another contention: a corporation may be served summons to its agents or officers who under
the Rules are designated to accept service of process. Thus, summons addressed to a
corporation and served upon the secretary of the president is binding upon that corporation.
 Manalo vs Robles Trans, Co
Being an exception to the hearsay evidence rule, the sheriff need not testify in court as to the
facts stated in the return.
 Spouses Madrigal vs CA, GR 12955, 26 Nov 1999
To overcome the presumption of regularity of performance of official functions in favor of the
Sheriff’s Return , the evidence must be clear and convincing.
 Borlongan vs Banco de Oro, GR 217617, 5 April 2017
Personal service of summons is the preferred mode. Service of summons other than personal
service may be used only as prescribed and only in the circumstances authorized by the
statute. In resorting to such other methods, the impossibility of prompt personal service must
be shown by stating the efforts have been made to find the defendant personally and that such
efforts have failed.
 Manuel vs Ong, GR 205249, 15 Oct 2014
The Rules simply requires that the summons is personally handed to the defendant. What is
determinative of the validity of the service of summons is the person of the defendant and not
the locus of its service. In fact, where the defendant refused to receive and sign the summons,
mere tender of the same to him or her is sufficient personal service thereof.
 E.B. Villarosa & Partner, Ltd vs Benito, 312 SCRA 65
The enumerations made under Section 12, Rule 14 is restricted, limited, and exclusive. This
means that where the defendant is a private domestic corporation, summons shall be served
only through the officers so enumerated therein wherever they may be found. In arriving at
this doctrine, the Supreme Court applied the basic rule on statutory construction expression
unius est exclusion alterius and explained that what has not been stated therein is intended
not to be included.
 Green Star Express, Inc vs Nissin Universal Robina Corp, GR 181517, 6 Jul 2015
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The Supreme Court reiterated the doctrine laid down relative to this restricted, limited and
exclusive list when plaintiff failed to present the sheriff to establish the fact that the summons
was received by the cost accountant upon the instruction of the general manager.
Cases:
 Onstott v. Upper Tagpos Neighborhood Association, G.R. No. 221047, September 14, 2016
 Sansio Philippines Inc. v. Mogol Jr., G.R. No. 177007, July 14, 2009
 Atiko Trans Inc. and Cheng Lie Navigation Co. Ltd. v. Prudential Guarantee and Assurance
Inc., G.R. No. 167545, August 17, 2011
 De Pedro v. Romasan Development Corp., G.R. No. 194751, November 26, 2014
 NM Rothschild & Sons (Australia) Ltd. v. Lepanto Consolidated Mining Co., G.R. No.
175799, November 28, 2011, 661 SCRA 328
 Manotoc v. CA, 499 SCRA 21
 Yuk Ling Ong v. Co, G.R. No. 206653, February 25, 2015
 Ang v. Chinatrust, G.R. No. 200693, April 18, 2016
 Republic v. Domingo, G.R. No. 175299, September 14, 2011, 657 SCRA 621
 Express Padala (Italia) S.P.A. v. Ocampo, G.R. No. 2 02505, September 6, 2017
 Interlink Movie Houses, Inc. v. CA, G.R. No. 203298, January 17, 2018
 Villongco v. Yabut, G.R. No. 225022, February 5, 2018, 854 SCRA 132
Rule 15, Motion
Motions (Rule 15) Rule 15, Rules of Court. Note the amendments in the following sections of
Rule 15: Sec. 2; Sec. 4 (new version); Sec. 5 (new version); Sec. 6 (formerly Sec. 5); Sec. 8
(formerly Sec. 7); Sec. 12 (new); Sec. 13 (formerly Sec. 6 of Rule 16).
1. Motions in general
a) Definition of a motion
Is an application for relief other than pleading.
b) Motions versus pleadings
c) Kinds of motions
a. Non-litigious motions
b. Litigious motions
 c. Prohibited motions
d. Pro forma motions
d) Hearing of motions and resolution thereof.
e) Omnibus motion rule

De los Reyes v. Ramnani, G.R. No. 169135, June 18, 2010

Ramos v. Teves, A.M. No. P-12-3061, June 27, 2012; see Pojas v. Gozo-Dadole, 192 SCRA 575

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