Rule 14

{ Summons
 “Summons is the writ by which the defendant is notified of the
action brought against him or her. Its purpose is two-fold:
 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.

 An Important part of that notice, is a direction that the defendant

should answer the complaint within the period fixed by the rules
and that , unless he so answers, plaintiff will take judgment by
default and may be granted the relief applied for. (Section 2 , Rule
14, Rules of Court)
Purpose of summons in action in personam
1. To comply with due process and acquire jurisdiction over
the person.
2. Where the action is in personam, that is, one brought
against the person on the basis of her personal liability,
jurisdiction over the person of the defendant is necessary
for the court to validly try and decide the case.
Question: Does the knowledge by the defendant of an action
filed against him dispense the need for summons?
 Knowledge of the filing of the action does not dispense the
need for summons. Summons must still be issued and
served. “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.
Purpose of the summons in action in rem and quasi in rem
1. In action in rem and quasi in rem, the court is not primarily
concerned with the acquisition of jurisdiction over the person of the
defendant but the acquisition over the res which principally matters.
2. Jurisdiction over the property is either:
a. By the seizure of the property under legal process, whereby it is
brought into actual custody of the law
b. As a result of the institution of legal proceedings, in which the
power of the court is recognized and made effective.
Jurisdiction over the person
1. Through coercive process (summons)
2. Through the defendant’s voluntary appearance or submission to the
court. (Section 20 , Rule 14)

The lack and or defect in the service of summons may be cured by the
defendant’s subsequent voluntary submission to the jurisdiction of the
court.

Voluntary submission is deemed to have been made when, the

defendant filed an answer to the complaint.
Considered voluntary submission:

1.Omnibus Motion for Reconsideration and to Admit Attached

Answer

2. Filing of Motions to admit answer.

3. Motion for additional Time to file answer.

4. Motion to lift order of default with motions to admit answer.

Conditional or special appearance- when a party who makes a special

appearance to challenge, among others, the court’s jurisdiction over
his person cannot be considered to have submitted to its authority.
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)
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 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)
Section 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)
Section 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 plaintiff's counsel, and shall return the
summons to the clerk, who issued it,
accompanied by proof of service. (6a)
Section 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
plaintiff's counsel, 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)
Section 6. Service in person on defendant. —
Whenever practicable, the summons shall
be served by handling a copy thereof to the
defendant in person, or, if he refuses to
receive and sign for it, by tendering it to
him. (7a)
Section 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. (8
Section 8. Service upon entity without
juridical personality. — When persons
associated in an entity without juridical
personality are sued under the name by
which they are generally or commonly
known, service may be effected upon all
the defendants by serving upon any one of
them, or upon the person in charge of the
office or place of business maintained in
such name. But such service shall not bind
individually any person whose connection
with the entity has, upon due notice, been
severed before the action was brought. (9a)
Section 9. Service upon prisoners. — When
the defendant is a prisoner confined in a
jail or institution, service shall be effected
upon him by the officer having the
management of such jail or institution who
is deemed deputized as a special sheriff for
said purpose. (12a)
Section 10. Service upon minors and
incompetents. — When the defendant is a
minor, insane or otherwise an
incompetent, service shall be made upon
him personally and on his legal guardian if
he has one, or if none his guardian ad
litem whose appointment shall be applied
for by the plaintiff. In the case of a minor,
service may also be made on his father or
mother. (l0a, 11a)
Section 11. Service upon domestic private
juridical entity. — When the 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. (13a)
Section 12. Service upon foreign private
juridical entities. — When the defendant is a
foreign private juridical entity which has
transacted business in the Philippines,
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 or
agents within the Philippines. (14a)
Section 13. Service upon public corporations.
— When 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.
(15)
Section 14. Service upon defendant whose
identity or whereabouts are unknown. — In
any action where the defendant is
designated as an unknown owner, or the
like, or whenever his whereabouts are
unknown and cannot be ascertained by
diligent inquiry, service may, by leave of
court, be effected upon him by publication
in a newspaper of general circulation and
in such places and for such time as the
court may order. (16a)
Section 15. Extraterritorial service. — When
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
personal service as under section 6; 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) days after notice,
Section 16. Residents temporarily out of the
Philippines. — When any action is
commenced against a defendant 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
section. (18a)
Section 17. Leave of court. — Any
application to the court under this Rule for
leave 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 behalf, setting forth the grounds for the
application. (19)
Section 18. Proof of service. — The proof of
service of a summons shall be 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 deputy. (20)
Section 19. Proof of service by publication. —
If the service has been made by
publication, service may be proved by the
affidavit of the printer, his foreman or
principal clerk, or of the editor, business or
advertising manager, to which affidavit 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 last known address.
(21)
Section 20. 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. (23a)