RULE 14 SUMMONS

Question 1

Summons defines as:

Answer 1

a writ issued and assigned by the clerk of court upon the filing of the complaint and payment of the requisite docket fees addressed to the defendant and directing him to file his answer to the complaint with a warning that if he fails to do so, then the plaintiff will take a judgment by default and he may be granted the relief applied for.

Question 2

Within how many days shall the court direct the clerk of court to issue the corresponding summons to the defendants?

Answer 2

Section 1. Clerk to issue summons. - 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 3

What is the significance of summons?

Answer 3

The summons is issued by the court in a civil case to acquire jurisdiction over the person of the defendant or the person being sued. This allows the defendant to participate in the court proceedings, and be subject to its processes and judgments. Essentially, it satisfies the requirement of due process.

Question 4

The summons must contain:

Answer 4

1.) The name of the court
2.) The names of the parties.

Question 5

Jurisdiction cannot be acquired over the person of the defendant even if he knows of the case filed against him unless there was a valid service of summons upon him or the defendant voluntarily appears in the action. True or false?

Answer 5

True

Question 6

The summons may be served by whom?

Answer 6

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.

Question 7

What is an alias summons?

Answer 7

It is one issued by the clerk of court on demand of the plaintiff when the original summons was returned without being served on any or all of the defendants, or when summons has been lost. When issued, it supersedes the first summons.

Question 8

How may the court acquire jurisdiction over the person of the defendant?

Answer 8

1.) By valid service of summons upon him
2.) By his voluntary appearance in the action

Question 9

When may the court direct the clerk of court to issue the summons to the defendant?

Answer 9

If the complaint is not dismissible on its face under section 1, Rule 9, the court shall within 5 calendar days from receipt of the complaint or initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of court to issue the summons to the defendant.
-if the complaint is dismissible on its face under section 1, rule 9, then the court will simply dismiss the complaint because it is dismissible on its face. The court will not anymore direct the issuance of summons.

Question 10

Aside from the name of the court and the name of the parties, what should the summons contain?

Answer 10

1)When authorized by the court upon ex parte motion, an authorization for the plaintiff toserve summons to the defendant;
2.) A direction that the defendant answer within the time fixed by these Rules; and
3.) A notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for.

Question 11

The plaintiff shall be authorized to cause the service of summons in the following instances:

Answer 11

1.) If the summons is to be served outside the judicial region of the court where the case is pending.
2.) If summons is returned without being served on any or all the defendant.

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

Question 12

What if the plaintiff fails to comply with the order for him to cause the service of summons?

Answer 12

the failure of the plaintiff to comply with the order will cause the dismissal of the complaint or initiatory hearing without prejudice.

Question 13

If the summons is issued, what is the lifetime of the summons?

Answer 13

a summons has no definite lifetime. Once issued, it shall remain valid until duly served or recalled by the court. However, if the summons is lost or destroyed without being served, then the court, upon motion shall issue an alias summons.

Question 14

What are the modes of service of summons?

Answer 14

1.) Service in person on the defendant
2.) Substituted service
3.) Service of summons by publication

Question 15

Two ways to make service in person on the defendant:

Answer 15

1.) By handing a copy of the summons to the defendant in person and informing him that he or she is being served with summons.
2.) If the defendant refuses to receive and sign for it by leaving the summons within the view and the presence of the defendant

Question 16

When may substituted service of summons be effected?

Answer 16

if for justifiable causes, the defendant cannot be served with summons in person after at least 3 attempts on two different dates, then substituted service of summons may be effected.

Question 17

May summons be served by electronic mail?

Answer 17

Substituted service of summons by sending an electronic mail to the defendant’s email address may be made only if allowed by the court.

Question 18

Modes of extraterritorial service of summons:

Answer 18

1.) By personal service or as provided for in international conventions to which the Philippines is a party;
2.) 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 the order of the court shall be sent by registered mail to the last known address of the defendant;
3.) or in any other manner the court may deem sufficient.

Question 19

How summons may be served upon a domestic private juridical entity?

Answer 19

If the defendant is a domestic private juridical entity, the summons may be served uponany of the following:
a.) the president
b.) managing partner
c.) general manager
d.) corporate secretary
e.) treasurer
f.) In house counsel

Question 20

Who is the government official designated by law to receive summons if the foreign private juridical entity is doing business as an insurance company?

Answer 20

The insurance commissioner as to all other corporations, it is the Securities and Exchange Commission.

Question 21

Upon whom may summons be served if the defendant is a public corporation?

Answer 21

-If the defendant is the Republic of the Philippines (it gives its consent to be sued) service of summons may be effected on the Solicitor General.
-if the defendant is a province, city, or municipality, or a public corporation service of summons may be effected on its executive head or on such other officers as the law or the court may direct

Question 22

What is the effect of defendant’s voluntary appearance in the action, assuming that no summons has been issued or the service of summons upon the defendant is void?

Answer 22

even if the service of the summons upon the defendant is void, or the defendant has not been served with summons, his voluntary appearance in the action is equivalent to service of summons.