H2. Summons (Codal)

Question 1

Section 1. Clerk to issue summons.

Answer 1

5, legal fees, issue

Unless the complaint is on its face dismissible under Section 1, Rule 9, the court shall. within five (5) calendar days from receipt of the initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of court to issue the corresponding summons to the defendants.

Question 2

Section 2. Contents.

Answer 2

name of ct, authorization for plaintiff, def answer, notice- default, copy of appt of GIL

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) When authorized by the court upon ex parte motion, an authorization for the plaintiff to serve summons to the defendant;

(c) A direction that the defendant answer within the time fixed by these Rules; and

(d) 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.

Question 3

Section 3. By whom served.

Answer 3

Section 3. By whom served. - The summons may be served by the sheriff, his or her deputy, or other proper court officer, and in case of failure of service of summons by them, the court may authorize the plaintiff - to serve the summons - together with the sheriff. (SD-Pro Plain)

In cases where summons is to be served outside the iudicia1 region of the court where the case is pending, the plaintiff shall be authorized to cause the service of summons. (outside the judicial region)

If the plaintiff is a iuridica1 entity, it shall notify the court in writing, and name its authorized representative therein, attaching a board resolution or secretary s certificate thereto, as the case may be, stating that such representative is duly authorized to serve the summons on behalf of the plaintiff. (if plaintiff is juridical entity- notify ct of auth reps–> board reso, sec cert)

If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be meted appropriate sanctions.

(Plain misreps, proved that no summons served, DWP, proceedings nullified)

If summons is returned without being served on any or all the defendants, the court shall order the plaintiff to cause the service of summons by other means available under the Rules.

(Summons returned wtout being served– cause the service of summons by other means)

Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice.

Question 4

Section 4. Validity of summons and issuance of alias summons[.] -

Answer 4

Section 4. Validity of summons and issuance of alias summons[.] - Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss or destruction of summons, the court may, upon motion, issue an alias summons.

There is failure of service after unsuccessful attempts to personally serve the summons on the defendant in his or her address indicated in the complaint. Substituted service should be in the manner provided under Section 6 of this Rule.

Question 5

Section 5. Service in person on defendant.

Answer 5

(handing a copy, inform that he is being served, if refuse to sign– leave summons wt view & presence of defendant)

Section 5. Service in person on defendant. - Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person and informing the defendant that he or she is being served, or, if he or she refuses to receive and sign for it, by leaving the summons within the view and in the presence of the defendant.

Question 6

Section 6. Substituted service.

Answer 6

a. res- 18 y.o & suff discr
b. def’s office / regular place – competent person in charge. who is competent person
c. leave copies of summons- owners of homeowner’s assoc/ conco corp./ chief security officer
d. electronic email

Section 6. Substituted service. - If, for justifiable causes, the defendant cannot be served personally after at least three (3) attempts on two (2) different dates, service may be effected:

(a) By leaving copies of the summons at the defendant’s residence to a person at least eighteen (18) years of age and of sufficient discretion residing therein;

(b) By leaving copies of the summons at [the] defendant’ s office or regular place of business with some competent person in charge thereof. A competent person includes, but is not limited to, one who customarily receives correspondences for the defendant;

(c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the officers of the homeowners’ association or condominium corporation. or its chief security officer in charge of the community or the building where the defendant may be found: and

(d) By sending an electronic mail to the defendant’ s electronic mail address. if allowed by the court.

Question 7

Section 7. Service upon entity without juridical personality.

Answer 7

(upon all def–> any1; person in charge of ofc or place of biz)

Section 7. 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 anyone 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.

Question 8

Section 8. Service upon prisoners.

Answer 8

person having management of such jail

Section 8. Service upon prisoners. - When the defendant is a prisoner confined in a jailor institution, service shall be effected upon him or her by the officer having the management of such j ail or institution who is deemed as a special sheriff for said purpose. The jail warden shall file a return within five (5) calendar days from service of summons to the defendant.

Question 9

Section 9. Service consistent with international conventions. -

Answer 9

“international conventions”

Section 9. Service consistent with international conventions. - Service may be made through methods which are consistent with established international conventions to which the Philippines is a party.

Question 10

Section 10. Service upon minors and incompetents.

Answer 10

upn him personally or legal guardian; guardian ad litem apptd.

Section 10. Service upon minors and incompetents. - When the defendant is a minor, insane or otherwise an incompetent person. service of summons shall be made upon him or her personally and on his or her legal guardian if he or she has one, or if none, upon his or her guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor, service shall be made on his or her parent or guardian.

Question 11

Section 11. Service upon spouses.

Answer 11

“sued jointly”– to each spouse individually

Section 11. Service upon spouses. - When spouses are sued jointly. service of summons should be made to each spouse individually.

Question 12

Section 12. Service upon domestic private juridical entity.

Answer 12

CPA-

I.
a. pres
b. man partner
c. GM
d. corp sec
e. treas
f. in-house counsel of the corp

II. person who customarily receives the corr for defendant
III. RECEIVER OR LIQUIDATOR
iv. electronically

Section 12. Service upon domestic private juridical entity. - When the defendant is a corporation, partnership or association [CPA] 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 in­house counsel of the corporation wherever they may be found or in their absence or unavailability on their secretaries.

If such service cannot be made upon any of the foregoing persons. it shall be made upon the person who customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation. service of summons shall be made on the receiver or liquidator. as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least three (3) attempts on two (2) different dates. service may be made electronically. if allowed by the court. as provided under Section 6 of this Rule.

Question 13

Section 13. Duty of counsel of record

Answer 13

Improperly served & lawyer makes a special appearance to question validity of summons

Section 13. Duty of counsel of record. - Where the summons is improperly served and a lawyer makes a special appearance on behalf of the defendant to, among others, question the validity of service of summons, the counsel shall be deputized by the court to serve summons on his or her client.

Question 14

Section 14. Service upon foreign private juridical entit[ies]

Answer 14

FPJE-
i. resident agent; govt official designated by law; OADT
ii. Not registered, Has no RA– outside of the PH
a. personal service– with assistance of DFA
b. publication-def found; AND serve copy of summons & ct order
c. fax
d. electronic means- wt POS
e. such other means as ct may direct

Section 14. Service upon foreign private juridical entit[ies]. - When the defendant is a foreign private juridical entity which has transacted or is doing business in the Philippines, as defined by law, 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, agents, directors or trustees within the Philippines.

If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has transacted or is doing business in it as defined by law, such service may, with leave of court. be effected outside of the Philippines through any of the following means:

(a) By personal service coursed through the appropriate court in the foreign country with the assistance of the [D]epartment of [F]oreign [A]ffairs:

(b) 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;

(c) By facsimile:

(d) By electronic means with the prescribed proof of service: or

(e) By such other means as the court. in its discretion, may direct.

Question 15

Section 15. Service upon public corporations.

Answer 15

RP-
a. RP-Sol Gen
b. Prov/Muni- Exec head, such other officer as law or ct may direct

Section 15. 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.

Question 16

Section 16. Service upon defendant whose identity or whereabouts are unknown.

Answer 16

a. unknown owner
b. whereabouts are unknown & cannot b designated wt diligent inquiry
= w/in 90 cal days, service publication in newspaper & in places that ct may order.

c. order granting such leave– specify a rsnable time, not less than 60 cal days after notice, wc defendant mst answer.

Section 16. 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 or her whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar days from the commencement of the action, service may, by leave of court, be effected upon him or her by publication in a newspaper of general circulation and in such places and for such time as the court may order.

Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.

Question 17

Section 17. Extraterritorial service.

Answer 17

a. Does not reside
b. Is not found in the PH

Action affects:
a. personal status of plaintiff
b. subject is property in PH (defendant has claims/lien or interest)
c. relief demanded consists in excluding defendant from any interest
d. property hs been attached
= i. effected out of PH by personal service.
= ii. internation conventions wc PH is a pty
= iii. publication (registered mail + any other manner ct deems suff)
= resonabl time not less than 60 calendar days after notice

Section 17. 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 [S]ection [5];

-or as provided for in international conventions to which the Philippines is a party:

-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) calendar days after notice, within which the defendant must answer.

Question 18

Section 18. Residents temporarily out of the Philippines

Answer 18

-resided in PH but temporarily out of it = out of PH by preceding Section

Section 18. 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 [S]ection.

Question 19

Section 19. Leave of court.

Answer 19

a. motion in writing
b. supported by aff of plaintiff/ some person in his behalf
c. ground for the application

Section 19. 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 [or her] behalf, setting forth the grounds for the application.

Question 20

Section 20. Return.

Answer 20

a. within 30 cal days- sher, procc serve or person auth by ct.
b. within 5 cal days- server file wt ct & serve copy of return to plaintiff’s counsel (pers, rm, elec)

Section 20. Return. - Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt thereof, the sheriff or process server, or person authorized by the court, shall complete its service. Within five (5) calendar days from service of summons, the server shall file with the court and serve a copy of the return to the plaintiff’s counsel. personally, by registered mail. or by electronic means authorized by the Rules.

*If Sub Service- return shall state the ff: (a. impossibility wtin 30 cal days, b. date & time of 3 attempts on 2, c. name of person of suff age & discretion residing thereat)

Should substituted service have been effected, the return shall state the following:

(1) The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and receipt of summons;

(2) The date and time of the three (3) attempts on at least two (2) different dates to cause personal service and the details of the inquiries made to locate the defendant residing thereat: and

(3) The name of the person at least eighteen (18) years of age and of sufficient discretion residing thereat. name of competent person in charge of the defendant’ s office or regular place of business, or name of the officer of the homeowners’ association or condominium corporation or its chief security officer in charge of the community or building where the defendant may be found.

Question 21

Section 21. Proof of service

Answer 21

POS
a. writing by server
b. manner, place & date of service
c. specify papers
d. sworn to

Section 21. 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 or her deputy.

**If email:
a. copy of the summons
b. aff of person mailing

If summons was served by electronic mail. a printout of said e-mail. with a copy of the summons as served, and the affidavit of the person mailing, shall constitute as proof of service.

Question 22

Section 22. Proof of service by publication.

Answer 22

a. aff of publisher, editor, biz or advert manager
b. aff of copy of publication
c. aff of copy of publication attached
d. aff showing deposit of a copy of the summons & order for publication

Section 22. Proof of service by publication. - If the service has been made by publication, service may be proved by the affidavit of the publisher, 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 or her last known address.