I.

SUMMONS (Rule 14)

(1)
Summons is a writ or process issued and served upon the defendant in a civil action for the purpose of securing
his appearance therein.
(2)
The service of summons enables the court to acquire jurisdiction over the person of the defendant. If there is
no service of summons, any judgment rendered or proceedings had in a case are null and void, except in case of
voluntary appearance(Echevarria vs. Parsons Hardware, 51 Phil. 980). The law requiring the manner of service of
summons in jurisdictional (Toyota Cubao vs. CA, GR 126321, Oct. 23, 1997).
Nature and purpose of summons in relation to actions in personam, in remand quasi in rem
(1)

In an action in personam, the purpose of summons is not only to notify the defendant of the action against him
but also to acquire jurisdiction over his person(Umandap vs. Sabio, Jr., 339 SCRA 243). The filing of the
complaint does not enable the courts to acquire jurisdiction over the person of the defendant. By the filing of
the complaint and the payment of the required filing and docket fees, the court acquires jurisdiction only over
the person of the plaintiff, not over the person of the defendant. Acquisition of jurisdiction over the latter is
accomplished by a valid service of summons upon him. Service of summons logically follows the filing of the
complaint. Note further that the filing of the complaint tolls the running of the prescriptive period of the cause
of action in accordance with Article 1155 of the Civil Code.

(2)

In an action in rem or quasi in rem, jurisdiction over the defendant is not required and the court acquires
jurisdiction over an action as long as it acquires jurisdiction over the res. The purpose of summons in these
actions is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional
requirement of due process (Gomez vs. CA, 420 SCRA 98).

Voluntary appearance
(1)

(2)

Voluntary appearance is any appearance of the defendant in court, provided he does not raise the question of
lack of jurisdiction of the court (Flores vs. Zurbito, 37 Phil. 746; Carballo vs. Encarnacion, 92 Phil. 974). It is
equivalent to service of summons (Sec. 20).
An appearance is whatever form, without explicitly objecting to the jurisdiction of the court over the person, is a
submission to the jurisdiction of the court over the person. It may be made by simply filing a formal motion, or
plea or answer. If his motion is for any other purpose than to object to the jurisdiction of the court over his
person, he thereby submits himself to the jurisdiction of the court (Busuego vs. CA, L-48955, June 30, 1987;
La Naval Drug Corp. vs. CA, 54 SCAD 917).

Voluntary appearance may be in form of:

(a)

Voluntary appearance of attorney;

(b)
(c)

A motion, by answer, or simple manifestation (Flores vs. Surbito);

A telegraphic motion for postponement (Punzalan vs. Papica, Feb. 29, 1960);

(d)

Filing a motion for dissolution of attachment;

(e)

Failure to question the invalid service of summons (Navale vs. CA, GR 109957, Feb. 20, 1996);

(f)

Filing a motion for extension of time to file an answer.

Personal service
(1)

It shall be served by handling a copy to the defendant in person, or if he refuses it, by tendering it to him (Sec.
6, Rule 14).

Substituted service
(1)

If the defendant cannot be served within a reasonable time, service may be effected:
(a)
By leaving copies of the summons at the defendants dwelling house or residence with some person of
suitable age and discretion then residing therein; or
(b)
By leaving copies at defendants office or regular place of business with some competent person in charge
thereof (Sec. 7).

(2)

It may be resorted to if there are justifiable causes, where the defendant cannot be served within a reasonable
time (Sec. 7). An example is when the defendant is in hiding and resorted to it intentionally to avoid service of
summons, or when the defendant refuses without justifiable reason to receive the summons (Navale vs. CA,
253 SCRA 705).

(3)

In substituted service of summons, actual receipt of the summons by the defendant through the person served
must be shown (Millennium Industrial Commercial Corp. vs. Tan, 383 Phil. 468). It further requires that where
there is substituted service, there should be a report indicating that the person who received the summons in
defendants behalf was one with whom petitioner had a relation of confidence ensuring that the latter would

receive or would be notified of the summons issued in his name (Ang Ping vs. CA, 369 Phil. 609; Casimina vs.
Hon. Legaspi, GR 147530, June 29, 2005).
(4)

Substituted service is not allowed in service of summons on domestic corporations (Delta Motor Sales Corp. vs.
Mangosing, 70 SCRA 598).

Constructive service (by publication)

(1)

As a rule, summons by publication is available only in actions in rem or quasi in rem. It is not available as a
means of acquiring jurisdiction over the person of the defendant in an action in personam.

(2)

Against a resident, the recognized mode of service is service in person on the defendant under Sec. 6 Rule 14.
In a case where the defendant cannot be served within a reasonable time, substituted service will apply (Sec.
7, Rule 14), but no summons by publication which is permissible however, under the conditions set forth in Sec.
14, Rule 14.

(3)

Against a non-resident, jurisdiction is acquired over the defendant by service upon his person while said
defendant is within the Philippines. As once held, when the defendant is a nonresident, personal service of
summons in the state is essential to the acquisition of jurisdiction over him (Banco Do Brasil, supra). This is in
fact the only way of acquiring jurisdiction over his person if he does not voluntarily appear in the action.
Summons by publication against a nonresident in an action in personam is not a proper mode of service.

(4)

Publication is notice to the whole world that the proceeding has for its object to bar indefinitely all who might be
minded to make an objection of any sort against the right sought to be established. It is the publication of such
notice that brings the whole world as a party in the case and vests the court with jurisdiction to hear and decide
it(Alaban vs. CA, GR 156021, Sept. 23, 2005).

Service upon a defendant where his identity is unknown or where his whereabouts are unknown
(1)
Where the defendant is designated as unknown, or whenever his whereabouts are unknown and cannot be
ascertained despite a diligent inquiry, service may, with prior leave of court, be effected upon the defendant, by
publication in a newspaper of general circulation. The place and the frequency of the publication is a matter for the
court to determine (Sec. 14, Rule 14).
The rule does not distinguish whether the action is in personam, in rem or quasi in rem. The tenor of the rule
authorizes summons by publication whatever the action may be as long as the identity of the defendant is unknown or his
whereabouts are unknown. Under the previous rulings, jurisdiction over the defendant in an action in personam cannot be
acquired by the summons by publication (Pantaleon vs. Asuncion, 105 Phil. 761; Consolidated Plyware Industries vs.
Breva, 166 SCRA 516).
Rules on Summons on Defendant
(1)

Resident
(a)

Present in the Philippines

1.

Personal service (Rule 14, Sec. 6)

2.

Substituted service (Rule 14, Sec. 7)

3.

Publication, but only if

i.)

his identity or whereabouts is unknown (Rule 14, Sec. 14); and

ii.)

(b)

the action is in rem or quasi in rem (Citizen Surety v. Melencio-Herrera, 38 SCRA 369 [1971]).

Absent from the Philippines

1.

Substituted service (Rule 14, Sec. 7)

2.

Extraterritorial service (Rule 14, Sec. 16 and 15); action need not be in rem or quasi in
rem (Valmonte v. CA, 252 SCRA 92 [1996])

(2)

Non-resident
(a) Present in the Philippines
1.

Personal service (Sec. 6, Rule 14)

2.

Substituted service (Sec. 7, Rule 14)

3.

Absent from the Philippines

1.

Action in rem or quasi in rem only Extraterritorial service (Rule 14, Sec. 15)

2.

Action in personam, and judgment cannot be secured by attachment (e.g. action for
injunction)

3.

Wait for the defendant to come to the Philippines and to serve summons then

4.

Bait the defendant to voluntarily appear in court (Rule 14, Sec. 20)

5.

Plaintiff cannot resort to extraterritorial service of summons (Kawasaki Port Services vs.
Amores, 199 SCRA 230 [1991]; Dial Corporation vs. Soriano, 161 SCRA 737 [1988]).

Service upon residents temporarily outside the Philippines

(1)
Service of summons upon a resident of the Philippines who is temporarily out of the country, may, by
leave of court be effected out of the Philippines as under the rules on extraterritorial service in Sec. 15, Rule 14
by any of the following modes:
(a) by personal service as in Sec. 6,
(b) by publication in a news paper of general circulation together with a registered mailing of a copy of
the summons and the order of the court to the last known address of the defendant, or
(c) by any manner the court may deem sufficient under Sec. 16. Like in the case of an unknown
defendant or one whose whereabouts are unknown, the rule affecting residents who are temporarily
out of the Philippines applies in any action. Note also, that summons by publication may be effected
against the defendant.
(2)
The defendant may however, also be served by substituted service (Montalban vs. Maximo, 22 SCRA
1070). This is because even if he is abroad, he has a residence in the Philippines or a place of business and
surely, because of his absence, he cannot be served in person within a reasonable time.

Extra-territorial service, when allowed

(1)

Under Sec. 15, Rule 14, extraterritorial service of summons is proper only in four (4) instances namely:
(a)

When the action affects the personal status of the plaintiffs;

(b)

When the action 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;

(c)

When the relief demanded in such action consists, wholly or in part, in excluding the defendant
from any interest in property located in the Philippines; and

(d)
(2)

(3)

When the defendant non-residents property has been attached within the Philippines.

Extraterritorial service of summons applies when the following requisites concur:

(a)

The defendant is nonresident;

(b)

He is not found in the Philippines; and

(c)

The action against him is either in rem or quasi in rem.

If the action is in personam, this mode of service will not be available. There is no extraterritorial service of
summons in an action in personam. Hence, extraterritorial service upon a nonresident in an action for
injunction which is in personam is not proper (Kawasaki Port Service Corp. vs. Amores, 199 SCRA 230;
Banco Do Brasil vs. CA, 333 SCRA 545).

Service upon prisoners and minors

(1)

On a minor. Service shall be made on him personally and on his legal guardian if he has one, or if none,
upon his guardian ad litem whose appointment shall be applied for by the plaintiff, or upon a person
exercising parental authority over him, but the court may order that service made on a minor of 15 or
more years of age shall be sufficient (Sec. 10);

(2)

On prisoners. It shall be made upon him by serving on the officer having the management of the jail or
institution who is deemed deputized as a special sheriff for said purpose (Sec. 9).

Proof of service
(1)

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 plaintiffs counsel, and shall return the summons to the
clerk who issued it, accompanied by proof of service (Sec. 4, Rule 14).

(2)

After the completion of the service, a proof of service is required to be filed by the server of the summons.
The proof of service of 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 (Sec. 18).