Resh Paola Jusguan

2nd Round Report

Summons

What is the legal definition of

summons?
Legally,

asummonsis
alegaldocument issued by a court (a
judicial summons) or by an
administrative agency of government
(an administrativesummons) for
various purposes.
It is an official order requiring a person
to attend court, either to answer a
charge or to give evidence, or the writ
making such an order.

Governing Law
Summons

are Governed by Rule 14

of the 1997 Rules of Civil Procedure

Contents of a Summons
Section

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) 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.

Answer to Negative and

Affirmative Defenses and
Counterclaim

Basically
ANSWER:

In a civil case, an answer is the defendant's written

response to the plaintiff's complaint. An answer is generally required
to be filed within twenty to thirty days of Service of Process of the
complaint upon the defendant.

AFFIRMATIVE

DEFENSES: An Affirmative Defense is generally part

of an answer to a charge or complaint in which a defendant takes the
offense and responds to the allegations with his own charges against
the plaintiff for the plaintiffs perceived wrongdoing.

COUNTERCLAIM:

A counterclaim is defined as a retaliatory counter

demand or claim by the defendant against the plaintiff included in
the defendant's answer and intending to setoff and/or reduce the
amount of the plaintiff's original claim against the defendant It is not
merely an answer or denial of the plaintiff's allegation, but asserts a
separate and independent cause of action in favor of the defendant
against the plaintiff.

If Copy Furnished Through

Personal Service
You will need to include a
Proof of Service

Section6, Rule 13, 1997

Rules of Civil Procedure
Section

6. Personal service. Service of the

papers may be made by delivering personally
a copy to the party or his counsel, or by
leaving it in his office with his clerk or with a
person having charge thereof. If no person is
found in his office, or his office is not known,
or he has no office, then by leaving the copy,
between the hours of eight in the morning and
six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient
age and discretion then residing therein. (4a)

Section13, Rule 13, 1997

Rules of Civil Procedure
Section

13. Proof of Service. Proof of personal service

shall consist of a written admission of the party served, or
the official return of the server, or the affidavit of the party
serving, containing a full statement of the date, place and
manner of service. If the service is by ordinary mail, proof
thereof shall consist of an affidavit of the person mailing of
facts showing compliance with section 7 of this Rule. If
service is made by registered mail, proof shall be made by
such affidavit and the registry receipt issued by the mailing
office. The registry return card shall be filed immediately
upon its receipt by the sender, or in lieu thereof the
unclaimed letter together with the certified or sworn copy
of the notice given by the postmaster to the addressee.
(10a)

Affidavit of Service
Is a proof of service separately attached to any pleading or
paper and can either be personal or through registered mail

Section7, Rule 13, 1997

Rules of Civil Procedure
Section

7. Service by mail. Service by

registered mail shall be made by depositing the
copy in the post office in a sealed envelope,
plainly addressed to the party or his counsel at
his office, if known, otherwise at his residence, if
known, with postage fully prepaid, and with
instructions to the postmaster to return the mail
to the sender after ten (10) days if undelivered. If
no registry service is available in the locality of
either the senders or the addressee, service may
be done by ordinary mail. (5a; Bar Matter No.
803, 17 February 1998)

If Copy Furnished Through

Registered Mail
You will need to attach an
Explanation

Explanation
Necessary pursuant to
Section11, Rule 13, 1997 Rules of Civil Procedure

Section11, Rule 13, 1997 Rules of

Civil Procedure
Section

11. Priorities in modes of service

and filing. Whenever practicable, the
service and filing of pleadings and other
papers shall be done personally. Except
with respect to papers emanating from
the court, a resort to other modes must
be accompanied by a written explanation
why the service or filing was not done
personally. A violation of this Rule may be
cause to consider the paper as not filed.

Motion to Dismiss

Section1, Rule 16, 1997 Rules of Civil

Procedure
Section

1. Grounds. Within the time for but before filing the answer to
the complaint or pleading asserting a claim, a motion to dismiss may be
made on any of the following grounds:
(a) That the court has no jurisdiction over the person of the defending
party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the
same cause;
(f) That the cause of action is barred by a prior judgment or by the statute
of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has been
paid, waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under the
provisions of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied
with. (1a)

The End