1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT)

PER RESOLUTION OF THE SUPREME COURT IN

BAR MATTER NO. 821 ADOPTED IN BAGUIO CITY ON
APRIL 8, 1997

RULE 14: SUMMONS

SECTION 1. Clerk to issue summons.— Upon the filing of the complaint and the payment of the
requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to the
defendants. (1a)

SEC. 2. Contents.— The summons shall be directed to the defendant, signed by the clerk of court under
seal, and contain: (a) the name of the court and the names of the parties to the action; (b) a direction
that the defendant answer within the time fixed by these Rules; (c) 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. (3a)
SEC. 3. By whom served.— The summons may be served by the sheriff, his deputy, or other proper
court officer, or for justifiable reasons by any suitable person authorized by the court issuing the
summons. (5a)
SEC. 4. Return.— When the service has been completed, the server shall, within five (5) days
therefrom, serve a copy of the return, personally or by registered mail, to the plaintiffs counsel, and
shall return the summons to the clerk who issued it, accompanied by proof of service. (6a)
SEC. 5. Issuance of alias summons.— If a summons is returned without being served on any or all of
the defendants, the server shall also serve a copy of the return on the plaintiffs counsels stating the
reasons for the failure of service, within five (5) days therefrom. In such a case, or if the summons has
been lost, the clerk, on demand of the plaintiff, may issue an alias summons. (4a)SEC. 6. Service in
person on defendant.— Whenever practicable, the summons shall be served by handing a copy
thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him.
(7a)

SEC. 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. (8a)