H. Summons (2)

Question 1

Service of Summons upon Prisoners

Answer 1

“management of such jail/ 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. The jail warden shall file a return within five (5) calendar days from service of summons of the defendant. (Sec. 8, Rule 14, ROC, as amended)

Question 2

Service of Summons upon Minors and Incompetents

Answer 2

When the defendant is a minor, insane, or otherwise incompetent, service of summons shall be made:

1. Upon him or her personally; and
2. On his or her legal guardian if he or she has one; or
3. If none, upon his or her guardian ad litem whose appointment shall be applied for by the plaintiff. (Sec. 10, Rule 14, ROC, as amended)

NOTE: In the case of a minor, service SHALL be made on his or her parent or guardian. (Ibid.)

Question 3

Summons on Domestic Private Juridical Entity (1999, 2006 BAR)

Service may be made on the: (P-I-G-S-M-T-S)

Answer 3

Service may be made on the: (P-I-G-S-M-T-S)

1. President;
2. In-house counsel
3. General manager;
4. Corporate Secretary;
5. Managing partner; or
6. Treasurer; wherever they may be found,
7. or in their absence or unavailability, on their secretaries;
8. If corporation is under receivership or liquidation, to the liquidator

(Sec. 12, Rule 14, ROC, as amended)

The enumeration of persons authorized to receive summons for juridical entities under Sec. 12, Rule 14 is exclusive. (Cathay Metal Corporation v. Launa West Multi-Purpose Cooperative, Inc., G.R. No. 172204, 02 July, 2014) Following the rule in Statutory Construction expression unius est exclusion alterius, the enumeration under the rule is restricted.

Question 4

Summons on Foreign Private Juridical Entity
registered in the Philippines

Answer 4

Provided it has transacted business in the Philippines, or is doing business in the Philippines, as defined by law, service may be made on its: (ReG-A)

1. Resident agent designated in accordance with law for that purpose;
2. If there be no such agent, on the Government official designated by law to that effect; or
3. On Any of its officers or agents, directors or trustees within the Philippines.
   (Sec. 14, Rule 14, ROC, as amended)

NOTE: It is not enough to merely allege in the complaint that the defendant foreign corporation is doing business in the Philippines. Such fact must first be established by appropriate allegations. (HSBC v. Catalan, G.R. No. 159590, 18 Oct. 2004

Question 5

Summons on Foreign Private Juridical Entity
NOT registered in the Philippines

Answer 5

If the foreign private juridical entity is not registered in the Philippines or has no resident agent, service may, with leave of court, be effected outside of the Philippines through any of the following means:

PS-Pub-FEO

1. By personal service coursed through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs;
2. By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by-registered mail at the last known address of the defendant;
3. By facsimile;
4. By electronic means with prescribed proof of service; or
5. By such other means as the court may in its discretion direct. (Ibid.)

Question 6

Summons on Entities without Juridical Personality

Answer 6

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 filed.

(Sec. 7, Rule 14, ROC, as amended)

Question 7

Service of Summons on Public Corporations

Answer 7

1. When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General;
2. When the defendant is 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. (Sec. 15, Rule 14, ROC, as amended)

Question 8

Proof of Service

Answer 8

1. Be made in writing by the server;
2. Set forth the manner, place, and date of service;
3. Specify any papers which have been served with the same;
4. Be sworn to when made by a person other than a sheriff or his deputy; and
5. If served by electronic mail, a printout of said email with a copy of summons, and affidavit of the person mailing. (Sec. 21, Rule 14, ROC, as amended)

Question 9

Proof of Service by Publication

Answer 9

1. Affidavit of the publisher, editor business or advertising manager, to which affidavit a copy of the publication shall be attached; and
2. 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 or her last known address. (Sec. 22, Rule 14, ROC, as amended)