CIVIL PROCEDURE NOTES

PART I
PLEADING
 What is?
o Written statements
o Contains claims and defenses
o Submitted to court
 Significance
o Confers jurisdiction to courts
o Method to systematically present the issues of a case in court
o Presents precise points of the dispute
o Properly notifies the other part the facts in issue and those that the other party needs to disprove
 Construction
o Liberal to promote substantial justice in accordance with the natural intendments o the words and
language used and the subject matter involved
o However, parties are bound by the:
 Allegations
 Statements or admissions made in his pleadings and cannot be permitted to take
contradictory position
o Pleadings allowed
1997 Rules of Court Amendments
 Complaint
 Counterclaim All allowed except reply which can be filed
 Crossclaim only if the defending party attaches an
 Third (fourth, etc)-party complaint actionable document to the answer
 Complaint-in-intervention
 Answer
 Reply

Pleadings allowed (Rules on Summary Procedure) Prohibited

Complaint 3rd (4th,etc)-party complaint
Answer Reply
Compulsory CC pleaded in the answer Complaint-in-intervention
Permissive Counterclaim

Pleadings allowed in Small Claim Cases

Statement of Claims
Verified Response
Counterclaim in the Response (compulsory; may also be permissive provided the amount is
within the rule)

Pleadings allowed (Writ of Amparo or Habeas Data) Prohibited

Complaint Counterclaim
Answer Cross-claim
3rd (4th,etc)-party complaint
Reply
Intervention

Pleadings allowed in Environmental Cases

Complaint
Answer
Cross-claim
Counterclaim
Intervention
 Parts of a Pleading
o Caption
o Title
o Body
o Headings
o Allegations of ultimate facts
o Relief (prayer)
o Signature ad Address
o Verification (when required by rules)
o OTHERS
o Certificate of Non-Forum Shopping

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o EFFECT IF THERE IS VARIANCE

 Between the caption and the body of the pleading: the body shall prevail
 Because the allegations determine the nature of the action

o SIGNATURE AND ADDRESS

 EFFECT of an unsigned pleading:
 Produces no legal effect

OLD RULE NEW RULE

CONSTITUTES CONSTITUTES
 A certificate by him that:  A certificate by him or her that”
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a. He has read the pleading a. He or she has read the pleading
b. To the best of his knowledge, and document
information, belief there is good b. To the best of his or her
ground to support it knowledge, formed after an
c. It is not interposed for delay inquiry reasonable under the
circumstances:
1. It is not being presented for
any improper purpose, such as
to harass, cause unnecessary
delay, or needlessly increase
the cost of litigation.
2. The claims, defenses, and other
legal contentions are warranted
by existing law or
jurisprudence, or by a non-
frivolous argument for
extending, modifying, or
reversing existing
jurisprudence.
3. The factual contentions have
evidentiary support or, if
specifically, so identified, will
likely have evidentiary support
after availment of the modes of
discovery under these rules;
and
4. The denials of factual
contentions are warranted on
the evidence or, if specifically
so identified, are reasonably
based on belief or a lack of
information.

Proposed Amendments
If the court determines, on motion or motu proprio and after notice and hearing, that this rule
has been violated, it may impose an appropriate sanction or refer such violation to the proper
office for disciplinary action, on any attorney, law firm, or party that violated the rule, or is
responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly
and severally liable for a violation committed by its partner, associate, or employee. The
sanction may include, but shall not be limited to, non-monetary directive or sanction; an order
to pay a penalty in court; or, if imposed on motion and warranted for effective deterrence, an
order directing payment to the movant of part or all of the reasonable attorney’s fees and other
expenses directly resulting from the violation, including attorney’s fees for the filing of the
motion of sanction. The lawyer or law cannot pass on the monetary penalty to the client.

o VERFICATION (SECTION 4, RULE 7)

1997 RULES OF COURT (SECTION 4, AMENDMENTS
RULE 7)
A pleading is verified by an affidavit that the A pleading is verified by an affidavit of an
affiant has read the pleading and that the affiant duly authorized to sign said verification.
allegations therein are true and correct of his The authorization of the affiant to act on behalf
personal knowledge or based on of a party, whether in the form of a secretary’s
authentic records. certificate or a
special power of attorney, should be attached to
the pleading, and shall allege the following
attestations:
A. The allegations in the pleading are true
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and correct based on his or her personal
knowledge, or based on authentic
documents;
B. The pleading is not filed to harass,
cause unnecessary delay, or needlessly
increase the cost of litigation; and
C. (c)The factual allegations therein have
evidentiary support or, if specifically so
identified, will likewise have
evidentiary support after a reasonable
opportunity for discovery.
The signature of the affiant shall further serve
as a certification of the truthfulness of the
allegations in the pleading.
 A pleading required to be verified that contains a verification on “information and
belief,” or upon “knowledge, information and belief,” or lacks a proper verification, shall
be treated as an unsigned pleading.
 Dismissible
 But not jurisdictional; only a formal requirement
 court may order its submission or correction or act on the pleading if attending
circumstances are such that a strict compliance with the rule may be dispensed
with to serve the ends of justice

o CERTIFICATION AGAINST FORUM SHOPPING

 If there is such action other pending action or claim, a complete statement of the present
status thereof
 Required in all complaints and other initiatory pleadings including SPECIAL CIVIL
ACTIONS
 Mandatory but not jurisdictional
o FORUM SHOPPING
 When a party repetitively avails of
 Several remedies in different court
 Simultaneously or successively
 All founded on the same transactions and the same essential facts and
circumstances
 And all raising substantially the same issues either pending in or already
resolved adversely by some other court
 Ways to commit
 Litis pendentia
 Res judicata
 Splitting of causes of action where the ground for dismissal is either litis
pendentia or res judicata
 Rationale
 Constitutes abuse of court processes
 Degrades the administration of justice
 Wreaks havoc upon orderly judicial procedure
 Adds congestion to an already heavily court dockets
 Promotes candor and transparency to lawyers
 Promotes orderly administration of justice
 Prevents undue inconvenience to the other party
 Prevents the embarrassing situation of two or more courts rendering conflicting
resolutions or decisions upon the same issue.
 WHO EXECUTES A CERTIFICATE OF NON-FORUM SHOPPING
 The plaintiff or the principal party
 not the attorney unless armed with a special power of attorney
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 If there are several plaintiffs/petitioners
o General rule: must be signed by all; if not, the parties who did not sign
will be dropped
o Exception: a majority had signed the same and who shared a common
interest; granted only if the party is deserving of the court’s leniency
 Construction:
 Liberal interpretation
o Parties, among whom are abroad
o Spouses; signature on one was held sufficient
o Co-owners of a property in dispute
o Principal party
o Common interest
 Amendments on Certification against forum shopping (2nd paragraph, Section 5,
Rule 7
 The authorization of the affiant to act on behalf of a party, whether in the form of
a secretary’s certificate or a special power of attorney, should be attached to the
pleading.
 Note:
 Secretary’s Certificate and/or Special Power of Attorney, as the case may be,
shall form part of the initiatory pleading.
 Absence of
 General rule:
o Dismissible (not motu proprio)
o Dismissal is without prejudice
 Exception:
o Special compelling reason
o Must be justified by ample or sufficient reason that maintains integrity of
and do not detract from the mandatory character of the rule
 Remedy if dismissed
o Refile the case or
o Petition for certiorari (grave abuse of discretion)
o Not an appeal
o
 If willful and deliberate
o Summary dismissal
o Dismissal is with prejudice of both or all actions
o Contemptuous
o Counsel may face administrative sanctions
 If false or non-compliance with the undertakings
o Indirect contempt
o Administrative sanctions

o Amendments
 Section 6: Contents
 Every pleading stating a party’s claims and defenses shall, in addition to those
mandated by Section 2, Rule 7, state the following:
o Names of witnesses who will be presented to prove a party’s claim or
defenses;
o Summary of the witnesses’ intended testimonies, provided that the
judicial affidavits of said witnesses shall be attached to the pleading and
form an integral part thereof. Only witnesses whose judicial affidavits
are attached to the pleading shall be presented by the parties during trial.
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Except if a party presents meritorious reasons as basis for the admission
of additional witnesses, no other witness or affidavit shall be heard or
admitted by the court; and
o Documentary and object evidence in support of the allegations contained
in the pleading.
PARTS OF A PLEADING
1. Caption
2. Title
3. Body
4. Headings
5. Allegations of ultimate facts
6. Relief (prayer)
7. Signature and Address
8. Verification (when required by rules)
9. OTHERS
10. Certificate of Non-forum shopping
AND PURSUANT TO THE PROPOSED AMENDMENTS
11. Names of the witnesses
12. Summary of their respective testimonies
13. Judicial Affidavits of witnesses
14. Documentary and object evidence
PART II
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
 Facts that need to be alleged in the pleadings.
 Allegation that you put in the pleadings will enable the court to determine WON you have a sufficient
cause of action.
 It is very important that you know how to make your allegations or state your allegations in the pleadings.
 Old rule: (Section 1, Rule 8)
o In general—Every pleading shall contain in a methodical and logical form, a plain, concise, and
direct statement of the ultimate facts on which the party pleading relies for his claim or defense,
as the case may be, omitting the mere evidentiary facts.
o If a defense relied on is based on law, the pertinent provisions thereof and their applicability to
him shall be clearly and concisely stated.
o Notes:
 Ultimate facts: those facts which comprise your cause of action.
 Omit statement of mere evidentiary facts.
 2nd paragraph, applies only to responsive pleadings.
o New Rule:
 In general—Every pleading shall contain in a methodical and logical form, a plain,
concise, and direct statement of the ultimate facts, including the evidence on which the
party pleading relies for his claim, as the case may be, omitting the statement of mere
evidentiary facts.
 If a cause of action or defense relied on is based on law, the pertinent provisions thereof
and their applicability to him or her shall be clearly and concisely stated.
 Note:
 Almost similar to the old rules
 Except that in the new rules all evidence must be presented against the other
party
 Laying down all the cards
 2nd paragraph, talks about both the complaint and the answer should also contain
the law for which they based their respective claims and defenses.
OLD RULES NEW RULES
Plain, concise, methodical and Plain, concise, methodical and
logical form. logical form.
Ultimate facts Ultimate facts
NO EVIDENTIARY FACTS THE EVIDENCE UPON
WHICH HE OR SHE RELIES
HIS OR HER CLAIM OR
DEFENSE
DEFENSE must state the law on CLAIMANT AND THE
which the allegation is based. DEFENSE must state the law on
which the allegation it is based.

 TEST IF THE FACT IS ULTIMATE

o A fact is essential if it cannot be stricken out without leaving the statement of the cause of action
inadequate.
o Note:
 If a particular statement cannot affect the cause of action, then that fact is not an ultimate
fact.

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 However, if the statement will create a defect in the complaint (all will not comprise a
cause of action at all), that is ultimate.
 HOW TO PLEAD: Alternative causes of action or defenses (Section 2, Rule 8)
o Party may set forth:
 2 or more statements of a claim or defense alternatively or hypothetically
 in one cause of action or defense or
 in separate causes of action or defense (for as long as you follow the proper joinder of
action)
o In alternative in one pleading
 Q: What if one single cause of action has a defect?
 A: The facts you stated therein will not constitute a dismissal to the other causes of
action.
 Rule:
o EFFECT OF INSUFFICIENCY IN ONE ALTERNATIVE CAUSE
OF ACTION
 The pleading is not made insufficient by the insufficiency of one
or more of the alternative statements.
 HOW TO PLEAD: CONDITION PRECEDENT (SECTION 3)
o General averment
 Example: On prior referral to the barangay lupon
 “The dispute of the parties herein was referred to the barangay lupon for
conciliation proceedings.”
 Or attach the certificate to file an action (given by the lupon)
 No need to aver in detail.
 Other conditions precedent
 On tender of payment and consignation
 Exhaustion of Administrative Remedies
 Earnest effort between family members
 HOW TO PLEAD: CAPACITY TO SUE AND BE SUED (SECTION 4)
o The capacity must be averred.
 Personal capacity (age, nationality, civil status)
 Authority of representative (representative capacity)
 Legal existence of an organized association of persons
o Legal capacity is different where it contemplates the legal capacity of an individual to sue.
In such a case, the person is a real party in interest.
o Note:
 If the legal existence or the capacity of a person is raised as an issue (it must be
specifically denied)
 Otherwise, you are deemed to have admitted the legal existence of capacity of a
person.
 If specifically denying a specific fact, there is a need to state all the supporting
particulars as are peculiarly within the pleader’s knowledge.
 HOW TO PLEAD: FRAUD, MISTAKE, MALICE, INTENT, KNOWLEDGE (SECTION 5)
o Fraud and mistake: it must be shown by overt acts; circumstances constituting it must be stated
with particularity.
 Meaning: There is a need to describe circumstances that make up fraud and mistake
o Malice, Intent, and knowledge: conditions of the mind which cannot be stated with particularity;
must be alleged generally.
 Example: fraud
 “With malice and intent to gain at the expense of the herein plaintiff, the
defendant defrauded the plaintiff by selling the subject real property to Macky
Nabang as evidenced by a Deed of Sale dated February 14, 2020, hereto attached
as Annex A, knowing fully well that he sold the same property to the herein
plaintiff on January 1, 2020, as evidenced by the Deed of Sale, hereto attached as
Annex B”
 HOW TO PLEAD: JUDGEMENT (SECTION 6)
o Old rule:
 In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-
judicial tribunal, or decision without setting forth matter showing jurisdiction to render it.
 Aver the judgment or decision without setting forth matter showing jurisdiction
to render it
o New rule:
 In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-
judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing jurisdiction to render it.
 AN AUTHENTICATED COPY OF THE JUDGMENT OR DECISION SHALL BE
ATTACHED TO THE PLEADING
 Note:

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 ALMOST THE SAME WITH THE OLD RULES: only that the second
paragraph is added.
 Current rule:
o Same
o And attach authenticated copy of the judgment or decision
 APOSTILLE CONVENTION-MAY 14, 2019 (Philippine became a signatory)
 The Ph government will now accept apostilled (or apostillized) documents as a
replacement for legalization or consular authentication with the Philippine
Embassy
 An apostille certifies “the authenticity of the signature, the capacity in which the
person signing the document has acted and, where appropriate, the identity of the
seal or stamp which it bears.”
 It is different from consular authentication because the apostille is issued by the
government of the country where the document was issued. It is the government
that verifies and certifies that the document is legitimate.
 HOW TO PLEAD: AN OFFICIAL ACT OT DOCUMENT (SECTION 9)
o Official document: aver that the document was issued in compliance with the law (eg. Police
blotter or police report)
 “The Transfer Certificate of Title No. AB-1234 was issued in accordance with the
pertinent provisions of PD. 1529.”
o Official act: aver that the act was done in compliance with the law
 “The action of the City of Naragsak was within the powers embodied in its charter.”
 HOW TO PLEAD: ACTION OR DEFENSE BASED ON A DOCUMENT (SECTION 7)
ACTIONABLE DOCUMENT
o Set forth in the pleading:
 The substance of the instrument (what the instrument is about); and;
 Attach the original or copy of the document in the pleading.
o How to contest an actionable document (Section 8)
 Deny specifically the genuineness and due execution under oath ---- VERIFIED.
 Failure to specifically deny: deemed to have admitted the genuineness and due
execution of the actionable document
 Set forth what you claim to be the facts.
 Note: It must be alleged in the pleading.
o An answer may also plead an actionable document as basis of the
defendant
o Complainant’s response: A reply would be necessary (a reply is proper
when the document is pleaded in the answer
 When is oath is not required:
 When the adverse party does not appear to be a party to the instrument
 When compliance with an order for an inspection of the original document is
refused
 Implications of admission of genuineness and due execution of the documents or
instruments
 That the party whose signature it bears admits that he signed it or was signed by
another with his authority
o Defense of forgery will no longer be available; it is as if you admit the
authority of the person who signed in the instrument.
 That at the time it was signed, it was in words and figures exactly as set out in the
pleadings of the party relying upon it.
o The contents cannot be contested anymore.
 That the document was delivered
 That any of the formal requisites by law (stamp, seal, acknowledgment, revenue
stamp) which it lacks are waived by him
 Defenses CUT-OFF by admission of the genuineness and due execution of a
document or instrument
 Forgery
 Lack of authority to execute.
 That the party charges signed in another capacity
 That the document was never delivered
o Deemed to have received the document because you admitted the
genuineness of the document.
 Defenses NOT CUT-OFF by the admission of the genuineness and due execution of
a document or instrument
 Payment or nonpayment
 Want of consideration.
 Illegality of consideration
 Usury
 Fraud
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 Prescription
 Release
 Waiver
 Statute of frauds
 Estoppel
 Former recovery of discharge from bankruptcy
 What to do if the pleading filed is prohibited or if pleading contains any sham, false,
redundant, impertinent, or scandalous matter
 Section 13, Rule 8
o Striking out a pleading or matter contained therein
 How?
 Striking out a prohibited motion
o Motion to Strike Out (the prohibited pleading
o When: within 20 days from service of the PM
o Does not preclude the court to strike out the PM.
 Striking out a matter contained in a pleading.
o Motion to strike out.
o When: before responding to the pleading
o The court may motu proprio strike out a matter
contained in the pleading.

PART III
RULE 13 FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
1997 Rules of Court Amendments A.M. No. 19-10-20-SC

FILING – the act of presenting the pleading or FILING – the act of SUBMITTING the
other papers to the clerk of court (Section 2, pleading or other papers to the COURT (Section
Rule 13) 2, Rule 13

SERVICE – the act of providing a party with a SERVICE – the act of providing a party with a
copy of the pleading or paper concerned copy of the pleading or ANY OTHER COURT
(Section 2, Rule 13) SUBMISSION. (Section 2, Rule 13)

PAPERS REQUIRED TO BE FILED AND SERVED (Section & Rule 13 A.M. No. 19-10-20-SC (no
amendment)
Judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance,
demand, offer of judgment or similar papers.
FILING OF PLEADINGS AND OTHER COURT SUBMISSIONS
MANNER OF FILING
TWO MODES (Section 3, Rule 13)
1) By presenting the original copy of the pleading, notice, appearance, motion, order or judgment
personally to the clerk of court, or
2) By registered mail
WHEN DEEMED FILED
1) If made personally
– as of the date and hour of filing, 2. If by registered mail
2) If by registered mail
 as of the date of mailing
how shown:
 Post office stamp on the envelope
 Registry receipt
Thus, it is a rule that the envelope be attached to the record of the case
(PHOTO OF REGISTRY RECEIPT HERE)
WHEN DEEMED FILED
What if one is dated earlier than the other?
 The authenticated one is accepted as the date of filing
What if both are authenticated and one is dated earlier than the other?
 the earlier one is accepted as the date of filing (GSIS vs. NLRC, 635 SCRA 257, November 17,
2010).
MANNER OF FILING
Amendments
A.M. No. 19-10-20-SC (Section 3, Rule 13)
The filing of pleadings and OTHER COURT SUBMISSIONS shall be made by:
1) SUBMITTING PERSONALLY THE ORIGINAL THEREOF, PLAINLY INDICATED AS SUCH,
TO THE COURT;
2) Sending them by registered mail;
3) Sending them by accredited courier; or

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4) Transmitting them by electronic mail or other electronic means as may be authorized by the Court in
places where the court is electronically equipped.
MANNER OF FILING
FOUR MODES (Section 3, Rule 13)
A.M. No. 19-10-20-SC
1) Submitting personally the original thereof, plainly indicated as such, to the court; or
2) By registered mail.
3) By accredited courier
4) By e-mail or other electronic means as may be authorized by the court.
WHEN DEEMED FILED
Amendments
A.M. No. 19-10-20-SC (Section 3, Rule 13)
 In the first case, the clerk of court shall endorse on the pleading the date and hour of filing. IN THE
SECOND AND THIRD CASES, the date of the mailing of motions, pleadings, and other court
submissions, and payments or deposits, as shown by the post office stamp on the envelope or the registry
receipt, shall be considered as the date of their filing, payment, or deposit in court...
 IN THE FOURTH CASE, THE DATE OF ELECTRONIC TRANSMISSION SHALL BE
CONSIDERED AS THE DATE OF FILING
WHEN DEEMED FILED (A.M. No. 19-10-20-SC)
1) If made personally
– as of the date and hour of filing,
2) If by registered mail and
3) By accredited courier  as of the date of mailing
how shown:
 Post office stamp on the envelope
 Registry receipt
4) If by e-mail or by any electronic means
– date of electronic transmission
PROOF OF FILING
HOW TO PROVE FILING (A.M. No. 19-10-20-SC)
1) Existence in the record of the case, (Sec. 16)
2) If none, but is claimed to have been filed personally
 through the written or stamped acknowledgment of the clerk of court (Section 16 [a]).
3) If by registered mail, by the:
a) Registry receipt and
b) Affidavit of mailing
(Section 16 [b])
(per A.M. No. 19-10-20-5C)
4) If by accredited courier:
a) Affidavit of mailing
b) Courier’s official receipt and
c) Document tracking number
5) If by e-mail:
a) affidavit of electronic filing
b) paper copy of the pleading, etc.
c) written or stamped acknowledgement of its filing-- by the Clerk of Court (COC)
d) if the paper copy was sent by registered mail, follow par. (b)
6) If by other authorized electronic means:
a) affidavit of electronic filing by the filing party
b) electronic acknowledgement of its filing by the court.
-Sec 16, (e)
SERVICE
POINTERS ON SERVICE
 Notice to counsel is notice to client
 But notice to client is NOT notice to counsel.
o The parties, generally, have no formal education or knowledge of the rules of procedure,
specifically, the mechanics of an appeal or availment of legal remedies; thus, they may also be
unaware of the rights and duties of a litigant relative to the receipt of a decision
UPON WHOM SERVICE SHALL BE MADE
1997 Rules of Court (Section 2, Rule 13)
If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless
service upon the party himself is ordered by the court. Where one counsel appears for several parties, he shall
only be entitled to one copy of any paper served upon him by the opposite side (Section 2, Rule 13)
HOW MANY COPIES SHALL BE SERVED IF THE COUNSEL APPEARS FOR SEVERAL PARTIES?
1997 Rules of Court (Section 2, Rule 13)
X x x.
Where one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon him
by the opposite side (Section 2, Rule 13)
TO WHOM IS SERVICE MADE? (OLD RULES)
1) If party appeared with counsel COUNSEL
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2) If party appeared without counsel PARTY

3) If ordered by the court despite appearing
with counsel
4) Counsel appears for several parties One copy on the counsel
Amendments
A.M. No. 19-10-20-SC
xxx. If a party has appeared by counsel, service upon such party shall be made upon his OR HER counsel, unless
service upon the party AND THE PARTY'S COUNSEL is ordered by the court. Where one counsel appears for
several parties, such counsel shall only be entitled to one copy of any paper served by the opposite side.
How about if several lawyers represent a party?
Amendments A.M. No. 19-10-20-SC
WHERE SEVERAL COUNSELS APPEAR FOR ONE PARTY, SUCH PARTY SHALL BE ENTITLED TO
ONLY ONE COPY OF ANY PLEADING OR PAPER TO BE SERVED UPON THE LEAD COUNSEL IF
ONE IS DESIGNATED, OR UPON ANY ONE OF THEM IF THERE IS NO DESIGNATION OF A LEAD
COUNSEL.
How many copies shall be served if several parties are represented by one counsel?
 One, to be served upon the counsel (Section 2, Rule, 1997 ROC and A.M No. 19-10-20)
How about if several lawyers represent a party.
 also one, to be served upon the lead counsel if designated, or to any of the counsels if there is no
designation of a lead counsel (Section 2, A.M. No. 19-10-20-SC)
Service is made to the:

1) if party appeared without counsel PARTY

2) If party appeared with counsel COUNSEL

3) if party appeared with counsel and service to party PARTY and COUNSEL
and counsel is ordered by the court

4) if a counsel represents several parties JUST ONE COPY TO SUCH

COUNSEL

5) if party is represented by several counsels LEAD COUNSEL (if designated) ANY

ONE OF THEM (if not designated)
MODES OF SERVICE
1) Personal service (Section 6, Rule 13)
2) Mail (Section 7, Rule 13)
3) Substituted service (Section 8, Rule 13)
1. PERSONAL SERVICE, HOW MADE (Section 6, Rule 13)
a) By delivering personally a copy to the
 Party
 His counsel
 To their authorized representative named in the appropriate pleading or motion (Sec. 6, Rule
13, AM No 19-10-20-SC).
b) b) By leaving it in his/her office:
 With his/her clerk or
 With a person having charge thereof
c) If no person is found in the office, office is not known; he has no office,
 Leave a copy
 Where: party's residence or his counsel's residence
 When: between 8am and 6:00 pm
 To Whom: person of sufficient age and discretion then residing therein
2. SERVICE BY REGISTERED MAIL (Section 7, Rule 13)
 Depositing a copy to the post office
 In an envelope
 Plainly addressed to the
 Party or
 His counsel (office or residence)
 Postage fully pre-paid
 With instructions to the postmaster to return the mail to the sender after ten (10) days if
undelivered
Service by ordinary mail?
 Yes, but only if registered mail is not available in the locality (Section 7, Rule 13).
3. SUBSTITUTED SERVICE (Section 8, Rule 13)
When available
– When residence of the party or his counsel is unknown
How done
– deliver the copy to the clerk of court
– With proof of failure of both personal service and service by mail
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CIVIL PROCEDURE NOTES
Notes:
MODES OF SERVICE
 Personal service is the preferred mode.
 If by registered mail – must be accompanied by a written explanation why the service or filing was not
done personally.
Violation: considered as not filed
Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 5
MODES OF SERVICE
Pleadings, motions, notices, orders, judgments and other court submissions shall be served personally or
by registered mail, accredited courier, electronic mail, facsimile transmission, other electronic means as
may be authorized by the Court, or as provided for in international conventions to which the Philippines
is a party.
(A.M. No. 19-10-20-SC)
4) By accredited courier (Rule 13, Sec. 5)
5) By electronic mail (Rule 13, Sec 9
6) By facsimile (Rule 13, Sec. 9)
7) By other electronic means as may be authorized by the Court, or as provided for in international
conventions to which the Philippines is a party (Rule 13, Sec 5)
4. BY ACCREDITED COURIER (Section 9, Rule 13)
PHOTO: ADMINISTRATIVE ORDER NO. 242-A-2020
GUIDELINES ON THE ACCREDITATION OF COURIER SERVICE PROVIDERS
Amendments (NEW)
A.M. No. 19-10-20-SC, Rule 13, Section 9

 Service by electronic means and facsimile shall be made if the party concerned consents to such modes of
service.
 Service by electronic means shall be made by sending an e-mail to the party's or counsel's electronic mail
address, or through other electronic means of transmission as the parties may agree on, or upon direction
of the court.
5. SERVICE BY ELECTRONIC MEANS AND
6. FACSIMILE (Section 9, Rule 13) (NEW)
Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 9
 Service by facsimile shall be made by sending a Facsimile copy to the party's or counsel's given facsimile
number
Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 11
Change of electronic mail (NEW)
 A party who changes his or her electronic mail address or facsimile number while the action is pending
must promptly file, within five (5) calendar days from such change, a notice of change of e-mail address
or facsimile number with the court and serve the notice on all parties.
Proposed Amendments (NEW)
A.M. No. 19-10-20-SC, Rule 13, Section 11
Change of electronic mail
 Service through the electronic mail address or facsimile number of a party shall be presumed valid unless
such party notifies the court of any change, as aforementioned.
Amendments (NEW)
A.M. No. 19-10-20-SC, Rule 13, Section 12
Electronic mail and facsimile subject and title of pleadings and other documents
 The subject of the electronic mail and facsimile must follow the prescribed format: case number, case title
and the pleading, order or document title. The title of each electronically filed or served pleading or other
document, and each submission served by facsimile shall contain...
Proposed Amendments (NEW)
A.M. No. 19-10-20-SC, Rule 13, Section 10
 ….sufficient information to enable the court to ascertain from the title (a) the party or parties filing or
serving the paper, (b) nature of the paper, (c) the party or parties against whom relief, if any, is sought,
and (d) the nature of the relief sought.
Service of Judgments, Final orders or Resolutions
1997 Rules of Court (Section 9, Rule 13)
 Xxx shall be served either personally or by registered mail. When a party summoned by publication has
failed to appear in the action, judgments, final orders or resolutions against him shall be served upon him
also by publication at the expense of the prevailing party.
Proposed Amendments A.M. No. 19-10-20-SC, Rule 13, Section 10
 Xxx shall be served either personally or by registered mail UPON EX PARTE MOTION OF ANY
PARTY IN THE CASE, A COPY OF THE JUDGMENT, FINAL ORDER, OR RESOLUTION MAY
BE DELIVERED BY ACCREDITED COURIER AT THE EXPENSE OF SUCH PARTY. When a party
summoned by publication has failed to appear…
 …in the action, judgments, final orders or resolutions against him OR HER shall be served upon him OR
HER also by publication at the expense of the prevailing party.
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CIVIL PROCEDURE NOTES
CONVENTIONAL SERVICE OR FILING OF ORDERS, PLEADINGS AND OTHER DOCUMENTS
Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 14
Notwithstanding the foregoing, the following orders, pleadings, and other documents must be served or filed
personally or by registered mail when allowed and shall not be served or filed electronically, unless express
permission is granted by the Court:
a) Initiatory pleadings and initial responsive pleadings, such as an answer,
b) Subpoenae, protection orders, and writs,
c) Appendices and exhibits to motions, or other documents that are not readily amenable to electronic
scanning may, at the option of the party filing such, be filed and served conventionally,
d) Sealed and confidential documents or records.
COMPLETENESS OF SERVICE Sec. 15, Rule 13
 Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the
expiration of ten (10) calendar days after mailing, unless the court otherwise provides. Service by
registered mail is complete upon actual receipt by the addressee, or after five (5) calendar days from the
date he or she received the first notice of the postmaster, whichever date is earlier.
WHEN SERVICE IS DEEMED COMPLETED
1. If by personal service -- upon actual delivery

2. If by mail -- Ordinary mail: upon expiration of ten (10) days after

mailing

-- Registered mail: upon actual receipt by addressee, or 5

days from notice of the postmaster, whichever is earlier
3. If by substituted service -- upon delivery to the clerk of court

Proposed Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 15
 Xxx. Service by accredited courier is complete upon actual receipt by the addressee, or after at least two
(2) attempts to deliver by the courier service, or upon the expiration of five (5) calendar days after the
first attempt to deliver, whichever is earlier.
Proposed Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 15
 Electronic service is complete at the time of the electronic transmission of the document, or when
available, at the time the electronic notification of service of the document is sent. Electronic service is
not effective or complete if the party serving the document learns that it did not reach the addressee or the
person to be served.
Proposed Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 15
 Service by facsimile transmission is complete upon receipt bt the other party, as indicated in the facsimile
printout.
(A.M. No. 19-10-20-SC)
4) Service by Accredited Courier a) upon actual receipt by the addressee or
b) after at least 2 attempts to deliver by the
courier service, or
c) upon the expiration of five (5) calendar days
after the first attempt to deliver, whichever
is earlier
5) Service by Electronic service a) at the time of the electronic transmission, or
b) at the time that the electronic notification of
service of the document is sent (when
available)
PRESUMPTIVE SERVICE
Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 20
Presumptive Service. (NEW)
 There shall be presumptive notice to a party of a court setting if such notice appears on the records to
have been mailed at least twenty (20) calendar days prior to the scheduled date of hearing and if the
addressee is within the same judicial region of the court where the case is pending, or at least thirty (30)
calendar days if the addressee is from outside the judicial region.
PROOF OF SERVICE Section 17, Rule 13
 Proof of service shall consist of a written admission of the party served, or the official return of the server,
or the affidavit of the party serving, containing a statement of the date, place, and manner of service. Xxx
 If the service is made by:
a) Ordinary mail – Proof shall consist of an affidavit of the person mailing stating the facts
showing compliance with Section 7 of this Rule.
b) Registered mail – Proof shall be made by the affidavit mentioned above and the registry receipt
issued by the mailing office. The registry return card shall be filed immediately upon its receipt
by the sender, or in lieu thereof, the unclaimed letter together with the certified sworn copy of the
notice given by the postmaster to the addressee.
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CIVIL PROCEDURE NOTES
PROOF OF SERVICE
(Section 17, Rule 13, ROC)
1) Personal Service - written admission of the party served
- official return of the server
- affidavit of the party serving
Contents:
Date
Place
Manner or Service

2) Service by registered mail - Affidavit OF Mailing

- registry receipt

3) Service by Ordinary Mail - Affidavit of Mailing showing compliance with

Section 17, Rule 13
PROOF OF SERVICE (Section 13, Rule 13)

Amendments
A.M. No. 19-10-20-SC, Rule 13, Section 17
XXX
c) Accredited courier service-Proof shall be made by an affidavit of service executed by the person
who brought the pleading or paper to the service provider, together with the courier's official
receipt or document tracking number.
d) Electronic mail, facsimile, or other authorized electronic means of transmission.
--Proof shall be made by an affidavit of service executed by the person who sent the e-mail, facsimile, or
other electronic transmission, together with a printed proof of transmittal
PROOF OF SERVICE
A.M. No. 19-10-20-SC, Rule 13, Section 18
4) Accredited courrier - Affidavit of Service and
- courier’s official receipt or document tracking number
5) Facsimile - Affidavit of Service ad
6) E-mail and other Electronic means - printed proof of transmittal
of transmission
COURT ISSUED ORDERS AND OTHER DOCUMENTS
Amendments (NEW)
A.M. No. 19-10-20-SC, Rule 13, Section 18
The court may electronically serve orders and other documents to all the parties in the case which shall have the
same effect and validity as provided herein. A paper copy of the order or other document electronically served
shall be retained and attached to the record of the case.
NOTICE OF LIS PENDENS
JUDGE: Actually a notice to all people that an action is pending before the Court.
What:
A notice of pendency of an action that places a purchaser, or encumbrancer of the property on constructive notice
of the pendency of the action.
When applicable.
1) In an action affecting the title or the right of possession of real property; and
2) affirmative relief is claimed in an answer
Where recorded:
In the registry of deeds of the province in which the property is situated
How canceled:
a) Upon order of the court
b) proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary
to protect the rights of the party who caused it to be recorded.

PART IV
RULE 6: KINDS OF PLEADINGS
 COMPLAINT
o First pleading that needs to be filed, after taking into consideration the following:
 Jurisdiction (subject matter; res)
 Cause of Action
 Parties
 Condition Precedent (e.g. Barangay Conciliation)
 Prescription
o Marks the commencement of the civil action.
o Court acquires jurisdiction over the subject matter.
o Interrupts the prescription of actions.
o Old rule:
 Alleges the plaintiff’s cause of causes of action. The names and residences of the plaintiff
and defendant must be stated in the complaint.
o Amendments:
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CIVIL PROCEDURE NOTES
 Alleges the plaintiff’s or claiming party’s cause or causes of action. The name and
residences of the plaintiff and defendant must be stated in the complaint.
o Difference: Inclusion of the “claiming party”
o Note:
 The complaint also includes the initiatory pleadings, a cross-claim, a counterclaim, a
third-or-fourth party complaint, a court in intervention
 These pleadings must allege the claiming party’s cause of action for the purpose of
issuance of summons after the filing of the complaints
 Contents
 Ultimate facts
 Names of witnesses and the summary of their intended testimonies (Section 6a,
Rule 7)
 Under the new rules, must include the documentary and object evidence (Section
6b, Rule 7)
 Judicial affidavits [of the witnesses] (Section 6b, Rule 7)
 COMPLAINT-Certificates
o Verification, if required (Section 4, Rule 7)
o Certification against forum-shopping (Section 5, Rule 7)
 SPA/Secretary’s Certificate (Section 5, par. 2, Rule 7)
 How to file:
 Personal filing with the Clerk of Court
 Via Registered Mail
 No E-filing or fax-filing
o Exception: if express permission is granted by the court (Section 14,
Rule 14
 Administrative Circular No. 40-2020
o All courts in the GCQ areas shall receive all the petitions and pleadings
filed by any party.
o The initiatory pleadings, in both civil and criminal cases, including
criminal complaints, informations, and applications for bail, together
with all the required documents in relation thereto, may be filed
electronically and shall be received by the courts through their respective
email addresses, as posted on the website of the Supreme Court
o Pleadings and other court submissions on pending cases may be
electronically filed directly with the branch where the case is pending if
the said branch has an official email address.
o Otherwise, the pleadings and other court submissions on pending cases
may be filed electronically with the Office of the Clerk of Court, which
shall forward said transmission to the branches where the cases are
pending.
 Docket fee
 The amount of claim or damages must be alleged in order to determine the proper
DOCKET FEES  vests a trial court jurisdiction over the subject matter or
nature of the action
 Manchester Development v. Court of Appeals
o the plaintiff was claiming an amount of damages and was stated in the
body but not in the prayer
o the plaintiff paid: P210.00 as docket fee
o defendant alleged that there was underpayment of docket fee
o while the issue is pending in the SC
 the plaintiff filed an amended complaint
 there was a change in the counsel
o the counsel amend the complaint in the guise of including another
defendant but in the course of the amended complaint, it also amended
the body of the complaint to reduce the amount being claimed by the
plaintiff
o no prayer for damages
o the SC ruled that the plaintiff must pay the correct amount of docket fee
and ordered the plaintiff to amend its complaint to include the amount of
damages being claimed
 the plaintiff added an amount of damages
o Issue:
 Did the court effectively acquire jurisdiction over the case by the
payment of docket fee assessed by the court on the basis of the
prayer considering the subsequent amendment of the complaint?
o Ruling
 The court acquires jurisdiction over any case upon the payment
of the prescribed docket fee. An amendment of the complaint or

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CIVIL PROCEDURE NOTES
similar pleading will not thereby vest jurisdiction in the court,
much less the payment of the docket fee based on the amounts
sough in the amended pleading.
 For all legal purposes, there is no such original complaint that
was duly filed which could be amended. Consequently, the order
admitting the amended complaint and all subsequent proceedings
and actions taken by the trial court are null and void.
 Note:
 Non-payment of docket implies that it is as if no
complaint was filed in the court.
 The filing of an amended complaint without paying the
correct docket fee (at kahit magbayad ka ng panibagong
docket fee based on the amended complaint) will not be
considered by the trial court because the amended
complaint will not cure the complaint which was
considered to be not filed at all
 As if there is no complaint to amend
o Issue:
 Where should the claim for damages be written as basis for the
computation of docket fees?
o Ruling:
 The SC laid the rules:
 To put a stop to this irregularity, henceforth all
complaints, petitions, answers and other similar
pleadings should specify the amount of damages being
prayed for not only in the body of the pleading but also
in the prayer, and said damages shall be considered in
the assessment of the filing fees in any case. Any
pleading that fails to comply with this requirement shall
not be accepted nor admitted, or shall otherwise be
expunged from the record.
 Manchester case:
 The SC did not accepted the amended complaint and
dismissed the case altogether because the court saw the
intent of the plaintiff to defraud the government by
stating the amount of damages in the body without
stating the correct damages in the prayer and later on
amending it.
 Sun Insurance Office v. Asuncion
o The plaintiff filed a complaint claiming an amount of Php 50 million
damages in the body, but stated only Php 10 million in the prayer.
 and paid Php 210.00 as docket fee (ito ‘yong sabi ni judge ha)
o The defendant alleged that there was an underpayment of the correct
docket fee
o And while the case was pending, there was an amendment of the
complaint that happen to include another Php 20 million in the original
amount.
o Later on, another supplemental pleading was filed by the plaintiff
alleging an additional amount of damages, but where the plaintiff paid
another amount of docket fees
o In this case, the court considered the subsequent amendment and
payment
 Why?
 The principle in Manchester could very well be applied
in the present case.
 The pattern and the intent to defraud the government of
the docker fee due it is obvious not only in the filing of
the original complaint but also in the filing of the second
amended complaint.
 However, in Manchester, petitioner did not pay any
additional docket fee until the case was decided by this
Court on May 7, 1987.
o Thus, in Manchester, due to the fraud committed
on the government, the court held that the court
a quo did not acquire jurisdiction over the case
and that the amended complaint could not have
been admitted inasmuch as the original
complaint was null and void.
 In the case of Sun Insurance
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CIVIL PROCEDURE NOTES
o Every time the plaintiff amends the complaint,
he also paid the corresponding docket fee.
o And when he filed a supplemental pleading, he
again paid the corresponding docket fee.
o There is an intent to pay the correct docket
fee, unlike in the case of Manchester
o Issue:
 Did the CA err in not finding that the lower court did not acquire
jurisdiction over the case due to the non-payment of the proper
docket fee?
o In the present case, a more liberal interpretation of the rules is called for
considering that, unlike Manchester, private respondent demonstrated his
willingness to abide by the rules by paying the additional docket fees as
required.
o The promulgation of the decision in Manchester must have had that
sobering influence on private respondent who thus paid the additional
docket fee as ordered by the respondent court. It triggered his change of
stance by manifesting his willingness to pay such additional docket fee
as may be ordered.
o Nevertheless, petitioners contend that the docket fee that was paid is still
insufficient considering the total amount of the claim
 “This is a matter which the clerk of court of the lower court
and/or his duly authorized docket clerk or clerk-in-charge
should determine and, thereafter, if any amount is found due, he
must require the private respondent to pay the same
o The court set the rules:
 It is not simple the filing of the complain or appropriate
initiatory pleading, nut the payment of the prescribed docket,
that vests a trial court with jurisdiction over the subject matter or
nature of the action. Where the filing of the initiatory pleading is
not accompanied by payment of the docket fee, the court may
allow payment of the fee within a reasonable time but in no case
beyond the applicable prescriptive or reglementary period.
 The same rule applies to permissive counterclaims, third party
claims and similar pleadings, which shall not be considered filed
until and unless the filing fee prescribed therefor is paid. The
court may also allow payment of said fee within a reasonable
time but also in no case beyond its applicable prescriptive or
reglementary period.
 Where the trial court acquires jurisdiction over a claim by the
filing of the appropriate pleading and payment of the prescribed
filing fee but, subsequently, the judgment awards a claim not
specified in the pleading, or if specified the same has been left
for determination by the court, the additional filing fee therefor
shall constitute a lien and assess and collect the additional fee.
 The petition is dismissed for lack of merit. The clerk of court of
the court a quo was instructed to reassess and determine the
additional filing fee that should be paid by the private respondent
considering the total amount of the claim sought in the original
complaint and the supplemental complaint as may be gleaned
from the allegations and prayer thereof and to require private
respondent to pay the deficiency, if any, without pronouncement
as to costs.
 Ayala Land v. Heirs of the Late Lactao and Aquino
o A case filed by the alleged heirs of the late Lucas Lactao and Silvestra
Aquino seeking to quiet title and as an alternative remedy to recover
possession of 15hectare land at Capitol Hills, Quezon City
o Respondents paid Php 6828.80 in docket fees  assessed by the clerk of
court
o Respondents executed an Affidavit of Undertaking that in the event of
deficiency in the payment of filing fees, they would settle the same
through a first lien on any monetary judgment rendered in their favour.
o Petitioners, however, moved to dismiss the case arguing that the court
did not acquire jurisdiction over the case because of insufficient filing
fee
 “the basis for the computation thereof should not have been the
assessed value but the fair market value, and that should the
latter be considered, the correct filing fee, exclusive of JDF and

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CIVIL PROCEDURE NOTES
other component, should have been assessed at Php
62,903,240.00” Ayala Land
o RTC: denied the motion
o Petition for certiorari to CA: CA dismissed the petition
o CA:
 The respondents relied on the assessment of the clerk of court
which turned out to be erroneous. The respondents could not
have been in bad faith as they paid what was assessed of them
o The case was remanded to the RTC with an order to re-assess the filing
fee.
o The Clerk of Court, thus, recomputed the filing fee based on the fair
market value at the time the action was commenced. The re-assessed
filing fee is Php 39,172,020.00
o Respondents filed a motion to litigate as pauper praying that the filing
fee constituted as lien on the court’s judgment
o The court granted
o Issue:
 Is a party who readily paid the initial assessment of docket fee
estopped from filing a petition to litigate as pauper to excuse
himself from paying the recomputed docket fee,?
o Ruling: [no]
 A party who was assessed a minimal amount in filing fees may
opt to simply pay the same although he may qualify as a pauper
litigant. He is not, by such initial payment, estopped from
claiming indigence should he subsequently be required to pay
additional fees.
 Payment of Docket Fee for APPEAL
o RULE: Payment of the full amount of docket fee should be made within
the period for taking appeal (Section 4, Rule 41)
 Not a mere technicality of law or procedure and should not be
undermined except for the most persuasive reasons
 Failure to pay the appellate court docket fee within the
prescribed period warrants only discretionary as opposed to
automatic dismissal of the appeal
o After filing Summons
 Issuance of summons by the court to the defendant (obligation of the court)
 Manotoc v. CA
 The court’s jurisdiction over a defendant is founded on a valid service of
summons. Without a valid service, the court cannot acquire jurisdiction over the
defendant, unless the defendant voluntarily submits to it.
 The defendant must be properly apprised of a pending action against him and
assured of the opportunity to present his defenses to the suit.
 Proper service of summons is used to protect one’s right to due process.
 Functions (two-fold)
o To vest jurisdiction over the person of the defendant
o Satisfy the requirement of due process
 Issuance service of Summons is mandatory
 Knowledge by the defendant or by its agents of an action filed against it does not
dispense with the need for summons
 Basically, summons aims to serve the end of due process
 In action in personam, it is to acquire jurisdiction over the person of the defendant
 In action in rem, summons serves the ends of due process
 Old rule:
 Rule 14, Section 1
o Upon 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.
o Note:
 It is the clerk of court who issues summons to the defendants
 With the requirement that the complaint pays the
appropriate filing fees
 New rule:
 Unless the complaint is on its face dismissible under Section 1, Rule 9
(Defenses and objections not pleaded), the court shall, within 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 defendant.
 Note:

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CIVIL PROCEDURE NOTES
o If on its face the complaint is dismissible (the 4 instances where the court
may motu proprio dismiss a complaint or pleading), then the court may
dismiss the case motu proprio.
o Example:
 If the clerk of court upon receipt of the complaint, issue
summons to the defendant, and the complaint is suffering from
the defect of lack of jurisdiction over the subject matter
 The court now will dismiss the complaint motu
proprio
o To avoid the scenario (the issuance of summons and dismissal of the
complaint), the amendment is introduced.
o General rule: The court shall, within 5 calendar days from receipt of the
initiatory pleading and proof of payment of the requisites legal fees,
direct the clerk of court to issue the corresponding summons to the
defendant
o Exception: The complaint is on its face dismissible under Section 1,
Rule 9 (fantastic 4)
o It is not automatic to the clerk or court to issue summon (it must
first get a directive from the judge that the clerk of court will issue a
corresponding summon to the defendant
 Section 1, Rule 9
 Defenses and objections not pleaded either in a motion to dismiss or in the
answer are deemed waived. However, when it appears from the pleadings or the
evidence on record that the court has no jurisdiction over the subject matter, that
there is another action pending between the same parties for the same cause, or
that the action is barred by a prior judgment or by statute of limitations, the court
shall dismiss the claim
 Who issues summons?
 Under the old rules, the clerk of court upon filing of the complaint and payment
of legal fees
 Amendment the clerk of court, upon the direction of the court
o The duty to direct the Clerk of Court to issue summons comes only if the
complaint is not dismissible in accordance to Rule 9, Section 1.
 CONTENTS: RULE 14, SECTION 2
 Old rule
o 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. Direction that the defendant answer within time fixed by these
Rules
c. Notice that unless the defendant so answers, plaintiff take
judgment by default and may granted the relief applied for.
 New Rule
o 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. Direction that the defendant answer within time fixed by
these Rules
d. Notice that unless the defendant so answers, plaintiff take
judgment by default and may granted the relief applied for.
o 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
 In cases where the defendant is a minor or incompetent
 BY WHOM SERVED (SECTION 3, RULE 14)
 Old rule
o 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.
 New Rule:
o The summons may be served by the sheriff, his 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.

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CIVIL PROCEDURE NOTES
oIn cases where summons to be served outside the judicial region of the
court where the case is pending, the plaintiff shall be authorized to cause
the service of summons
o If the plaintiff is a juridical 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.
o 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.
o If summons is returned without being served on any or all of the
defendants, the court shall order the plaintiff to cause the service of
summons by other means available under the Rules.
o Failure to comply with the order shall cause the dismissal of the
initiatory pleading without prejudice.
o 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 summon on his (or her) client.
 This is new provision in the Rules of Court
 Under the old rules, when the complaint is filed and the
corresponding summons is issued by the court, then the sheriff
and the process server serves the summons to some person which
the defendant claims not a person with sufficient discretion, or
who is not residing in the place where the defendant is residing
 Meaning: there is a defect in the issuance of the
summons
 The defendant will engage the service of a counsel for
special appearance purposely to question the jurisdiction
of the court over his person
 Before, the court cannot issue the summon to the counsel
appearing for special appearance
 Under the new rule, if the defendant questions the jurisdiction
of the court over his persons and engages the services of a
counsel for special appearance purposely to question such, the
ROC allows the court to deputize the counsel appearing to serve
the summons to his or her client
OLD RULE AMENDMENTS
 Sheriff  Sheriff
 His deputy  His deputy
 Other proper court officer  Other proper court officer
 any suitable person  The plaintiff together with
authorized by the court the sheriff as may be
issuing the summons authorized by the court (or
just the plaintiff if served
outside judicial region)
 The representative if the
plaintiff (juridical entity)
 Counsel who made special
appearance (Section 13)
 NOTES:
o WHEN CAN PLAINTIFF BE AUTHORIZED TO SERVE
SUMMONS
 In case of failure of service by the sheriff, his/her deputy, or
other proper court officer to serve the summons, to be
accompanied by the sheriff (Section 3(1), Rule 14)
 When the summons to be served outside the judicial region of
the court where the case is pending (Section 3(2), Rule 14)
 (comments: no proviso if still accompanied by a sheriff;
uses the word “shall”, so this is mandatory
 Rationale:
 The plaintiff knows the whereabouts of the defendant.
 This is to aid the court.
 “Para di na din magtagal ang proceeding, sa
paghahanap kay defendant”
 The plaintiff is now allowed to serve the summons to
the defendant

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CIVIL PROCEDURE NOTES
oWHO SHALL SERVE THE SUMMONS IN CASE THE
PLAINTIFF AUTHORIZED/MANDATED BY THE COURT TO
ISSUE SUMMONS IS A JURIDICIAL PERSON?
 The plaintiff’s authorized representative
o HOW WILL THE COURT KNOW WHO THE PLAINTIFF’S
AUTHORIZED REPRESENTATIVE IS?
 Plaintiff shall notify the court in writing and name its authorized
representative therein, and
 Shall attach a board resolution or secretary’s certificate
(Section 3(3), Rule 14)
o WHAT IS THE CONSEQUENCE FOR PLAINTIFF’S
MISREPRESENTATION?
 The case shall be dismissed with prejudice
 The proceedings shall be nullified
 Plaintiff shall be meted appropriate sanctions (Section 3(4),
Rule 14)
o WHEN MAY THE PLAINTIFF BE ALLOWED TO SERVE
SUMMONS THROUGH OTHER MODES OF SERVICE?
 If summons returned without being served on any or all the
defendants (Section 3(5), Rule 14)
o WHAT IS THE CONSEQUENCE IF THE PLAINTIFF FAILS TO
COMPLY WITH THE ORDER OF THE COURT TO SERVE THE
SUMMONS THROUGH OTHER MEANS?
 Dismissal of the complaint without prejudice
 Comment:
 This is an exception to Section 3, Rule 17 on the rule for
disobedient party (failure to comply with the lawful
order of the court.
 Section 3, Rule 17
o Dismissal due to fault of plaintiff—If, for no
justifiable cause, the plaintiff fails to appear on
the date of the presentation of his other evidence
in chief on the complaint, or to prosecute his or
her action for unreasonable length of time, or to
comply with these Rules or any order of the
court, the complaint may be dismissed upon
motion of the defendant or upon the court’s own
motion, without prejudice to the right of the
defendant to prosecute his or her counterclaim in
the same or in a separate action. This dismissal
shall have the effect of an adjudication upon
the merits, unless otherwise declared by the
court.
 VALIDITY OF SUMMONS AND ISSUANCE OF ALIAS SUMMONS (SECTION
4, RULE 14)
 Old rule:
o 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 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.
o Notes:
 Failure of service results if summons is returned without being
served in any or all of the defendants
 Alias summons may be issued
 In case of failure of service
 If summons has been lost
 Alias summons is issued on demand of the plaintiff
 Alias summons is issued by the clerk of court
 New Rule:
o 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.
o Notes:
 Failure of service us when there are unsuccessful attempts to
serve the summons at the defendant’s address
 Summons remains valid UNTIL DULY SERVED unless
recalled by the court
 Alias summons may be issued:

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CIVIL PROCEDURE NOTES
 In case of loss or destruction

Alias summons is made upon the motion of the plaintiff

It is the court (not the clerk of court) who will issue an alias
summons
 IS THERE A NEED TO SERVE SUMMONS ON AN AMENDED
COMPLAINT?
o The Philippine American Life and General Insurance Company v. Breva
 Thus, where the defendant has already been served summons on
the original complaint, the amended complaint may be served
upon him without need of another summons. Conversely, when
no summons has yet been validly served on the defendant, new
summons for the amended complaint must be served on him.

PART IV
MODES OF SERVICE OF SUMMONS
 Service in Person, Section 5, Rule 14
 Substituted Service, Section 6, Rule 14
 Service by Publication, Section 16, Rule 14
 Extraterritorial Service, Section 17, Rule 14
 Service through methods consistent with international conventions, Section 9, Rule 14
SERVICE IN PERSON ON DEFENDANT SECTION 5, RULE 14
1997 Rules of Court (Section 6, Rule 14) A.M. No. 19-10-20-SC

Whenever practicable, the summons shall be Whenever practicable, the summons shall be
served by handing a copy thereof to the served by handing a copy thereof to the
defendant in person, or, if he refuses to receive defendant in person and informing the defendant
and sign for it, by tendering it to him. that he or she is being served, or, if he or she
refuses to receive and sign, by leaving the
summons within the view and in the presence of
the defendant.
CASE:
 It is well-established that summons upon a respondent or a defendant must be served by handing a copy
thereof to him in person or, if he refuses to receive it, by tendering it to him. Personal service of summons
most effectively ensures that the notice desired under the constitutional requirement of due process is
accomplished.29 The essence of personal service is the handing or tendering of a copy of the summons to
the defendant himself,30 wherever he may be found; that is, wherever he may be, provided he is in the
Philippines.
 Section 6, Rule 14 of the Rules of Court does not require that the service of summons on the defendant in
person must be effected only at the latter's residence as stated in the summons. On the contrary, said
provision is crystal clear that, whenever practicable, summons shall be served by handing a copy thereof
to the defendant; or if he refuses to receive and sign for it, by tendering it to him. Nothing more is
required. (Sansio vs Mogul, G.R. NO. 177007: July 14, 2009)
SUBSTITUTED SERVICE SEC. 6, RROC
1997 Rules of Court (Sec. 7, 1997 ROC) A.M. No. 19-10-20-SC

If, for justifiable causes, the defendant cannot be If, for justifiable causes, the defendant cannot be
served within a reasonable time as provided in served personally after at least three (3) attempts
the preceding section, service may be effected on two (2) separate
(a) by leaving copies of the summons at the
defendant's residence with some person of dates, service may be effected:
suitable age and discretion then residing therein,
or (b) by leaving the copies at defendant's office (a) By leaving copies of the summons at the
or regular place of business with some defendant's residence to a person at least
competent person in charge thereof. eighteen (18) years of age and of
Sufficient discretion residing therein;

(b) By leaving the copies of the summons at

defendant's office or regular place of business
with some competent person in charge thereof.
A competent person includes, but 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
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CIVIL PROCEDURE NOTES

(d) By sending an electronic mail to the

defendant's electronic mail address, if allowed
by the court.

Service may be made through methods which

are consistent with established international
conventions to which the Philippines is a party.

MARIA IMELDA M. MANOTOC VS CA G.R.NO.130974 AUGUST 16, 2006

"Several attempts" means at least three (3) tries, preferably on at least two different dates. In addition, the
sheriff must cite why such efforts were unsuccessful. It is only then that impossibility of service can be confirmed
or accepted.
(a)
"(3) A Person of Suitable Age and Discretion
If the substituted service will be effected at defendant's house or residence, it should be left with a person of
"suitable age and discretion then residing therein." A person of suitable age and discretion is one who has attained
the age of full legal capacity (18 years old) and is considered to have enough discernment to understand the
importance of a summons. "Discretion" is defined as "the ability to make decisions which represent a responsible
choice and for which an understanding of what is lawful, right or wise may be presupposed".
 Thus, to be of sufficient discretion, such person must know how to read and understand English to
comprehend the import of the summons, and fully realize the need to deliver the summons and
complaint to the defendant at the earliest possible time for the person to take appropriate action. Thus,
the person must have the "relation of confidence" the defendant, ensuring that the latter would receive
or at least be notified of the receipt of the summons.
(b)
(4) A Competent Person in Charge
Xxx the person on whom the substituted service will be made must be the one managing the office or business of
defendant, such as the president or manager; and such individual must have sufficient knowledge to understand
the obligation of the defendant in the summons, its importance, and the prejudicial effects arising from inaction on
the summons. Again, these details must be contained in the Return."
IN THE CASE:
“THIS IS TO CERTIFY that on many occasions several attempts were made to serve the summons with
complaint and annexes issued by this Honorable Court in the above entitled case, personally upon the defendant
IMELDA 'IMEE' MARCOS- MANOTOC located at Alexandra Condominium Corpration [sic] or Alexandra
Homes E leaving copy of said summons with complaint and annexes thru [sic] (Mr) Macky de la Cruz, caretaker
of the said defendant, according to (Ms) Lyn Jacinto, Receptionist and Telephone Operator of the said building, a
person of 2 Room 104 No. 29 Merlaco [sic] Ave., Pasig, Metro-Manila at reasonable hours of the day but to no
avail for the reason that said defendant is usually out of her place and/or residence or premises . That on the 15th
day of July, 1993, substituted service of summons was resorted to in accordance with the Rules of Court in the
Philippines leaving copy of said summons with complaint and annexes thru (sic) (Mr) Macky de la Cruz,
caretaker of the said defendant, according to (Ms) Lyn Jacinto, receptionist and Telephone Operator of the said
building, a person of suitable age and discretion, living with the said defendant at the given address who
acknowledged the receipt thereof of said processes but he refused to sign (emphases supplied).
WHEREFORE, said summons is hereby returned to this Honorable Court of origin, duly served for its
record and information. Pasig, Metro Manila July 15, 1993,"
 A meticulous scrutiny of the aforementioned Return readily reveals the absence of material data on
the serious efforts to serve the Summons on petitioner Manotoc in person. There is no clear valid
reason cited in the Return why those efforts proved inadequate, to reach the conclusion that personal
service has become impossible or unattainable outside the generally couched phrases of "on many
occasions several attempts were made to serve the summons x x x personally," "at reasonable hours
during the day," and "to no avail for the reason that the said defendant is usually out of her place
and/or residence or premises."
 Wanting in detailed information, the Return deviates from the ruling-in Domagas v. Jensen 30 and
other related cases 31-that the pertinent facts and circumstances on the efforts exerted to serve the
summons personally must be narrated in the Return. It cannot be determined how many times, on
what specific dates, and at what hours of the day the attempts were made. Given the fact that the
substituted service of summons may be assailed, as in the present case, by a Motion to Dismiss, it is
imperative that the pertinent facts and circumstances surrounding the service of summons be
described with more particularity in the Return or Certificate of Service.
FACTS AND CIRCUMSTANCES WHICH MUST BE STATED WITH MORE PARTICULARITY AND
DETAIL
X x x .The facts and circumstances should be stated with more particularity and detail on the number of
attempts made at personal service, dates and times of the attempts, inquiries to locate defendant, names
of occupants of the alleged residence, and the reasons for failure should be included in the Return to
satisfactorily show the efforts undertaken. That such efforts were made to personally serve summons on
defendant, and those resulted in failure, would prove impossibility of prompt personal service.
Moreover, to allow sheriffs to describe the facts and circumstances in in exact terms would encourage
routine performance of their precise duties relating to substituted service – for it would be quite easy to
shroud or conceal carelessness or laxity in such broad terms. Lastly, considering that monies and
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CIVIL PROCEDURE NOTES
properties worth millions may be lost by a defendant because of an irregular or void substituted service,
it is but only fair that the Sheriff's Return should clearly and convincingly show the impracticability or
hopelessness of personal service.
SC:
Granting that such a general description be considered adequate, there is still a serious nonconformity
from the requirement that the summons must be left with a "person of suitable age and discretion"
residing in defendant's house or residence. Thus, there are two (2) requirements under the Rules: (1)
recipient must be a person of suitable age and discretion; and (2) recipient must reside in the house or
residence of defendant. Both requirements were not met. In this case, the Sheriff's Return lacks
information as to residence, age, and discretion of Mr. Macky de la Cruz, aside from the sheriff's general
assertion that de la Cruz is the "resident caretaker" of petitioner as pointed out by a certain Ms. Lyn
Jacinto, alleged receptionist and telephone operator of Alexandra Homes.
It is doubtful if Mr. de la Cruz is residing with petitioner Manotoc in the condominium unit considering
that a married woman of her stature in society would unlikely hire a male caretaker to reside in her
dwelling. With the petitioner's allegation that Macky de la Cruz is not her employee, servant, or
representative, it is necessary to have additional information in the Return of Summons. Besides, Mr.
Macky de la Cruz's refusal to sign the Receipt for the summons is a strong indication that he did not have
the necessary "relation of confidence" with petitioner. To protect petitioner's right to due process by being
accorded proper notice of a case against her, the substituted service of summons must be shown to clearly
comply with the rules.
Based on the above principles, respondent Trajano failed to demonstrate that there was strict compliance
with the requirements of the then Section 8, Rule 14 (now Section 7, Rule 14 of the 1997 Rules of Civil
Procedure).
Due to non-compliance with the prerequisites for valid substituted service, the proceedings held before
the trial court perforce must be annulled (Ma. Imelda M. Manotoc vs CA, G.R. No. 130974 August 16,
2006).
(c)
THE CASE OF ROBINSON VS. MIRALLES
G.R. NO. 163584
DECEMBER 12, 2006
 SHERIFF'S RETURN
The Security Guard assigned at the gate of Alabang Hills refused to let me go inside the subdivision so
that I could effect the service of the summons to the defendant in this case. The security guard alleged that the
defendant had given them instructions not to let anybody proceed to her house if she is not around. I
explained to the Security Guard that I am a sheriff serving the summons to the defendant, and if the defendant
is not around, summons can be received by any person of suitable age and discretion living in the same
house. Despite of all the explanation, the security guard by the name of A.H. Geroche still refused to let me
go inside the subdivision and served (sic) the summons to the defendant. The same thing happened when I
attempted to serve the summons previously.
Therefore, the summons was served by leaving a copy thereof together with the copy of the complaint to
the security guard by the name of A.H. Geroche, who refused to affix his signature on the original copy
thereof, so he will be the one to give the same to the defendant.
 PETITIONER'S CONTENTION
Petitioner contends that the service of summons upon the subdivision security guard is not in compliance
with Section 7, Rule 14 since he is not related to her or staying at her residence. Moreover, he is not duly
authorized to receive summons for the residents of the village. Hence, the substituted service of summons is
not valid and that the trial court never acquired jurisdiction over her person.
 COURT'S RULING
We have ruled that the statutory requirements of substituted service must be followed strictly, faithfully,
and fully and any substituted service other than that authorized by the Rules is considered ineffective.10
However, we frown upon an overly strict application of the Rules. It is the spirit, rather than the letter of the
procedural rules, that governs.
In his Return, Sheriff Potente declared that he was refused entry by the security guard in Alabang Hills
twice. The latter informed him that petitioner prohibits him from allowing anybody to proceed to her
residence whenever she is out. Obviously, it was impossible for the sheriff to effect personal or substituted
service of summons upon petitioner. We note that she failed to controvert the sheriff's declaration. Nor did
she deny having received the summons through the security guard.
Service may be made through methods which are consistent with established international conventions to
which the Philippines is a party.
EXAMPLE:
Article 5, Hague Convention (November 15, 1965) Service Abroad of Judicial and Extrajudicial Documents
in Civil or Commercial Matters
Summons may be served:
a) By a method prescribed its international law for the service of documents in domestic actions upon
persons who are within its territory; or
b) By a particular method requested by the applicant, unless such a method is incompatible with the law of
the State addressed.
SEC. 16. SERVICE UPON DEFENDANT WHOSE IDENTITY OR WHEREABOUTS ARE UNKNOWN
A.M. No. 19-10-20-SC

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CIVIL PROCEDURE NOTES
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.
NEW: 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.
JUDGE: Can be more than 60 days, but not less than that.
Service upon non-resident defendant not found in the Philippines SEC. 17.
EXTRATERRITORIAL SERVICE
A.M.No.19-10-20-S C
 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 as provided for in international conventions to which the
Philippines is a party;
 or by a 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.
SEC. 18. RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES
A.M. No. 19-10-20-SC
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 (previous paragraph).
HOW IS SUMMONS SERVED?
Unknown defendant/unknown whereabouts (any  Service by Publication
action)

Non-resident defendant  Personal service out of the country

 Service by Publication
(in rem and quasi in rem actions only)  Convention/treaty
 Any other manner court deems
sufficient

PERSONAL ACTION
a) when the action affects the personal status of the plaintiffs; (annulment, legal separation, etc)
b) when the action relates to, or the subject of which is property, within the Philippines, in which the
defendant 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) when the defendant's property has been attached within the Philippines
HOW IS SUMMONS SERVED?
Resident defendant temporarily out of the  Personal service out of the country
Philippines (any action)  Service by publication
 Convention/treaty
 Any other manner court deems
sufficient

TO WHOM SERVICE IS MADE

 Service upon ENTITY WITHOUT JURIDICAL PERSONALITY, Sec. 7, Rule 14
 Service upon PRISONERS, Sec. 8, Rule 14
 Service upon MINORS AND INCOMPETENTS, Sec. 10, Rule 14
 Service upon SPOUSES, Sec. 11, Rule 14
 Service upon DOMESTIC PRIVATE JURIDICAL ENTITY, Sec. 12.
 Service upon FOREIGN PRIVATE JURIDICAL ENTITIES, Sec. 14.
 Service upon PUBLIC CORPORATIONS
SERVICE UPON ENTITY WITHOUT JURIDICAL PERSONALITY SEC. 7, RULE 14
A.M. No. 19-10-20-SC
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.
SERVICE UPON PRISONERS SEC. 8, RULE 14
A.M. No. 19-10-20-SC
When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him or her by the
officer having the management of such jail or institution who is deemed deputized as a special sheriff for said
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CIVIL PROCEDURE NOTES
purpose. The jail warden shall file a return within five (5) calendar days from service of summons to the
defendant.
JUDGE: Whoever is deemed in charge of the jail, shall be deemed as the Special Sheriff, who will serve
the prisoner defendant. Because he/ she is deputized by the Court for the person of the defendant to be
served, then such jail warden shall have the responsibility or obligation to file a return within 5 days from
service of summons to the defendant.
SERVICE UPON MINORS AND INCOMPETENTS SEC. 10, RULE 14
A.M. No. 19-10-20-SC
When the defendant is a minor, insane or otherwise an incompetent person, service of summons shall be made
upon him 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 guardian. In the case of a minor, service shall also be made
on his or her parent or guardian.
SERVICE UPON SPOUSES SEC. 11, RULE 14 (NEW)
A.M. No. 19-10-20-SC
When spouses are sued jointly, service of summons should be made to each spouse individually.
SEC. 12. SERVICE UPON DOMESTIC PRIVATE JURIDICAL ENTITY
A.M. No. 19-10-20-SC
 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 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.
IF THERE IS A REFUSAL ON THE PART OF THE PERSON ABOVE-MENTIONED TO RECEIVE
SUMMONS:
A.M. No. 19-10-20-SC
Should there be a refusal on the part of the persons abovementioned to receive summons despite at least three (3)
attempts on two (2) separate dates, service may be made electronically, if allowed by the court, as provided under
Sec. 6 of this rule (Substituted service).

SEC. 14. SERVICE UPON FOREIGN PRIVATE JURIDICAL ENTITIES

Applies to foreign private juridical entities which has transacted business in the Philippines, even just once.
A.M. No. 19-10-20-SC
 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 department of foreign affairs;
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.
SEC. 15. SERVICE UPON PUBLIC CORPORATIONS
A.M. No. 19-10-20-SC
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.
TO WHOM SERVICE IS MADE
Service upon ENTITY WITHOUT  upon any one of the members, or upon
JURIDICAL PERSONALITY, Sec. 7, Rule any person in charge of the office/place
14 of business

Service upon PRISONERS, Sec. 8, Rule 14  upon the accused by the officer having
management of the jail (special sheriff)
Service upon MINORS AND  Upon the minor/incompetent AND
INCOMPETENTS, Sec. 10, Rule 14 parent or legal guardian/guardian ad
litem

Service upon SPOUSES (joint obligation), Sec.  Each spouse

11, Rule 14

Service upon DOMESTIC PRIVATE upon its

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CIVIL PROCEDURE NOTES
JURIDICAL ENTITY, Sec. 12.  President,
 Managing partner,
 General manager
 Corporate secretary
 Treasurer or
 In-house counsel or
 Their secretaries

Or if it cannot be made on any of them

 Person who customarily receives
correspondences for the principal at its
principal office

If under receivership/liquidation
 Receiver/liquidator

If any of the foregoing fails (by leave of court

 Any recipient of the E-mail

Service upon FOREIGN PRIVATE  Resident agent

JURIDICAL ENTITIES, Sec. 14.
if no resident agent
 Government official designated by law
 Any of its officers
 Agents
 Directors or
 Trustees Within the Philippines

Service upon the REPUBLIC OF THE  Solicitor General

PHILIPPINES, Section 15

Service upon PUBLIC CORPORATIONS,  Executive head or

Section 15  Other officer or officers as the law or
the court may direct

SEC. 19. LEAVE OF COURT

A.M.No.19-10-20-SC
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.
SEC. 20. RETURN
A.M. No. 19-10-20-S C
NEW
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 plantiff's counsel,
personally, by registered mail, or by electronic means authorized by the Rules.

Should substituted service have been effected, the return shall state: (1) (T)he 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) separate 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
(the) 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.
RETURN-CONTENTS
NOTES
The return should state the following:
1) the IMPOSSIBILITY of prompt personal service within a period of 30 calendar days
2) the DATE and TIME of the three (3) attempts in at least two (2) different dates to cause personal service
and the DETAILS OF THE INQUIRIES made to locate the defendant;
3) NAME of:
a) the person 18 years of age with sufficient discretion
b) competent person in charge of the defendant's office or place of business
c) the officer of the homeowner's association or condominium corporation or its
d) chief security officer in charge of the community or building
How long should the officer complete the  Within 30 calendar days from issuance
service? by the Clerk of Court and receipt by the
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sheriff or the process server

When should the officer file a return?  Within five (5) calendar days from
service of summons

To whom filed?  The court (that issued the summons)

To whom served?  The plaintiff's counsel

What are the modes to file and serve the return?  Personal
 Registered mail
 Electronic means

SEC. 21. PROOF OF SERVICE

A.M. No. 19-10-20-SC
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.

JUDGE: So for example, it is the plaintiff who is authorized by the court to serve the summons then, this
proof of service must have to be sworn, it has to be under oath.
NEW: If summons was served by electronic mail, a printout of said email, with a copy of the summons as served,
and the affidavit of the person mailing, shall constitute as proof of service.
SEC. 22.
PROOF OF SERVICE BY PUBLICATION
1997 Rules of Court (Sec. 19, 1997 ROC) A.M. No. 19-10-20-SC

If the service has been made by publication, If the service has been made by publication,
service may be proved by the affidavit of the service may be proved by the affidavit of the
printer, his foreman or principal clerk, or of the publisher, editor, business or advertising
editor, business or advertising manager, to manager, to which affidavit a copy of the
which affidavit a copy of the publication shall publication shall be attached, and by an affidavit
be attached, and by an affidavit showing the showing the deposit of a copy of the summons
deposit of a copy of the summons and order for and order for publication in the post office,
publication in the post office, postage prepaid, postage prepaid, directed to the defendant by
directed to the defendant by registered mail to registered mail to his or her last known address.
his last known address.

PROOF OF SERVICE
NOTES
In writing
Sets forth:
 Manner
 Place
 Date Of service
Specifies:
 Any paper served along with the summons
 Name of the receiver
Sworn if made by person other than the sheriff or his or her deputy
IF MADE through EMAIL:
 Printout of the email
 Copy of the summons served
 Affidavit of the person mailing
IF MADE through PUBLICATION:
 Affidavit of the publisher, editor, business or advertising manager
 Copy of the publication attached
 Affidavit showing that the summons and the order of the court was sent by registered mail to the
defendant at his or her last known address
SEC. 23.
VOLUNTARY APPEARANCE
A.M. No. 19-10-20-SC
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 be
deemed a voluntary appearance.
JUDGE: On personal note, I believe the second sentence is already a dead provision. Because under the
new rules, motions stating other grounds than lack of jurisdiction over the subject matter, prescription, res
judicata and litis pendencia, are prohibited motions. Therefore, of these, if motions asserting grounds
other than the fantastic 4, is a prohibited motion, then this part of the provision, has no leg to stand on.
Has no premise. Hence, a dead provision.

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