RULE 14

SUMMONS
Nature of Summons
Summons is a writ by which the defendant is notified of the action brought against him/her. Service of
such writ is the means by which the court may acquire jurisdiction over his/her person. (Cano-Gutierrez v.
Gutierrez, G.R. No. 138584, 2000)

Purpose of Summons
Its purpose is two-fold: to acquire jurisdiction over the person of the defendant and to notify the
defendant that an action has been commenced so that he may be given an opportunity to be heard on
the claim against him. (RIANO, 2019, pg. 391)

The service of summons is a vital and indispensable ingredient of due process and compliance with the
rules regarding the service of the summons is as much an issue of due process as it is of jurisdiction.
(Borlongan v. Banco de Oro, G.R. Nos. Apr. 5, 2017)

Without service of summons, or when summons are improperly made, both the trial and the
judgment, being in violation of due process, are null and void, unless the defendant waives the service
of summons by voluntarily appearing and answering the suit. (Guiguinto Credit Cooperative, Inc. v.
Torres, G.R. No. 170926, Sep. 15, 2006).

Sections Commentaries
Section 1. Clerk to issue The court shall direct the clerk of court to issue
summons. — Unless the complaint is on its the corresponding summons to the defendants
face dismissible under Section 1, Rule 9, the within 5 calendar days from:
court shall, within five (5) calendar days from 1. Receipt of the initiatory pleading; and
receipt of the initiatory pleading and proof of
2. Proof of payment of the required legal fees.
payment of the requisite legal fees, direct
the clerk of court to issue the corresponding
summons to the defendants. But the court will not issue the summons, and
instead dismiss the case, if the complaint, on its
face, shows:
1. That the court has no jurisdiction over the
subject matter;
2. That there is another action pending between
the same parties for the same cause (litis
pendentia);
3. That the action is barred by a prior judgment
(res judicata);
4. That the action is barred by the statute of
limitations (prescription). (Id., Sec. 1, Rule 9).

Service of Summons fulfills 2 fundamental

objectives:
a) To vest in the court jurisdiction of the
 person of the defendant; and
b) To afford to the defendant the
opportunity to be heard on the claim
brought against him.

The service of summons is a vital and

indispensable ingredient of a defendant’s
constitutional right to due process. As a rule, if a
defendant has not been validly summoned, the
court acquires no jurisdiction over his person,
and a judgment rendered against him is void.

*If new causes of action are alleged in an

amended complaint filed before the defendant
has appeared in court, another summons with
the amended complaint must be served on the
defendant.

Gumabay v. Baralin and

Viason Enterprises Corp. v. CA
*Where the defendants have already appeared
before the trial court by virtue of a summons on
the original complaint, the amended complaint
may be served upon them without need of
another summons, even if new causes of action
are alleged. After it is acquired, a court’s
jurisdiction continues until the case is finally
terminated.

*It is not the change of the cause of action that

gives rise to the need to serve another summons
for the amended complaint, rather the
acquisition of jurisdiction over the persons of the
defendant.

*If an additional defendant is joined, summons

must be served upon him. (He must ordinarily be
served with summons as if he was an original
party defendant.)

When another service of summons is NOT

necessary
1) Where it is sought to bring in the
administrator a deceased party
defendant in substitution of the
deceased.
2) Where upon the decease of an original
defendant, his infant heirs are made
 parties
3) In cases of substitution of the deceased
by legal representatives or heirs under
Section 16, Rule 3 of the Rules of Court.

Pagalaran v. Bal-latan
Although the service of summons was defective
because a copy of the complaint was not
attached thereto, inasmuch as the defendant
accepted the service and had knowledge of the
plaintiff’s complaint, the defect was deemed
waived for failure of the defendant to appear and
object to the jurisdiction of the court over his
person. Non-appearance will justify the entry of
judgment by default.

JM Tuason & Co., Inc. v. Estabillo

The irregularity in the proof of service of
summons, even if it vitiated the court’s
jurisdiction over the persons of the defendants,
was deemed waived when the defendants filed
motions to lift the order of default and for relief
from judgment.

Section 2. Contents. — The summons shall

be directed to the defendant, signed by the Attached to the summons are:
clerk of court under seal, and contain: i. Copy of the complaint; and/or
ii. Order for appointment of guardian ad litem, if
(a) The name of the court and the any. (Id.).
names of the parties to the action;
The 2019 Amendments now allow the plaintiff,
(b) When authorized by the court
with leave of court, to serve summons upon the
upon ex parte motion, an
authorization for the plaintiff to serve defendant.
summons to the defendant;

(c) A direction that the defendant

answer within the time fixed by these
Rules; and

(d) A notice that unless the

defendant so answers, plaintiff will
take judgment by default and may be
granted the relief applied for.

A copy of the complaint and order for

appointment of guardian ad litem, if any, shall
be attached to the original and each copy of the
summons.

Section 3. By whom served. — The summons Service by other than those enumerated in
may be served by the sheriff, his deputy, or Section 3 is invalid
other proper court officer, and in case of
failure of service of summons by them, the *In the service of summons or subpoenas, only
court may authorize the plaintiff - to serve the
service by those persons enumerated under the
summons - together with the sheriff.
Rules is valid.
In cases where summons is to be served
outside the judicial region of the court where *The Rules do not allow the service of court
the case is pending, the plaintiff shall be processes by persons who are not members of
authorized to cause the service of summons. the judiciary or those not properly authorized by
the courts. A non-judicial person has no place in
If the plaintiff is a juridical entity, it shall notify the judicial service.
the court, in writing, and name its authorized
representative therein, attaching a board *Under the 2019 Amendments, the plaintiff, or
resolution or secretary's certificate thereto, as the duly authorized representative, (if the plaintiff
the case may be, stating that such is a juridical entity), may be authorized by the
representative is duly authorized to serve the
court to serve summons.
summons on behalf of the plaintiff.

If the plaintiff misrepresents that the *Invalid

defendant was served summons, and it is - service of summons by a police sergeant who
later proved that no summons was served, the was not a sheriff or a court officer and who was
case shall be dismissed with prejudice, the not authorized by the court to deliver summons
proceedings shall be nullified, and the plaintiff - service of summon be registered mail.
shall be meted appropriate sanctions.

If summons is returned without being *Under the 2019 Amendments, service by

served on any or all the defendants, the court registered mail is only complementary to service
shall order the plaintiff to cause the service of
by publication.
summons by other means available under the
Rules.

Failure to comply with the order shall cause

the dismissal of the initiatory pleading
without prejudice.

Section 4. Validity of summons *Service of summons upon the defendant shall be

and issuance of alias summons — Summons by personal service first (or service in person)
shall remain valid until duly served, unless it is and only when the defendant cannot be promptly
recalled by the court. served in person will substituted service be
availed of.
In case of loss or destruction of summons, the
court may, upon motion, issue
an alias summons. *The pertinent facts and circumstances attendant
to the service of summons must be stated in the
 proof of service or Officer’s Return; otherwise, the
There is failure of service after unsuccessful substituted service cannot be upheld. (Afdal v.
attempts to personally serve the summons on Carlos)
the defendant in his address indicated in the
complaint. Substituted service should be in
the manner provided under Section 6 of this
Rule. 

Section 5. Service in person on defendant. *Service of summons in person is made only on

— Whenever practicable, the summons shall the defendant himself or herself. It means actual
be served by handing a copy thereof to the delivery or tender of the defendant personally.
defendant in person and informing the
defendant that he or she is being served, or,
Matanguihan v. Tengco
if he or she refuses to receive and sign for it, by
leaving the summons within the view and in the Delivering the copies of the summons intended
presence of the defendant. for the defendants who were residents of Binan,
Laguna to their co-defendant whose residence
was at Tanauan, Batangas is not the personal
service contemplated by the Rules.

Tendering summons is personal service

If the defendant refuses to receive and sign the
summon, tendering the summon is itself a means
of personal service under Section 5. It is done by
leaving the summons within the view and in the
presence of the defendant.

*Personal service has nothing to do with locus of

service or the location where summons is served.
A defendant’s address is inconsequential. What is
determinative of the validity of personal service
is the person of the defendant, not the locus of
the service.

Service of summons on dead person, void

*A dead person could not be validly served with
summons. He had no more civil personality.

Section 6. Substituted service. — If, for *Resort to substituted service is allowed only, if
justifiable causes, the defendant cannot be for justifiable causes. Parties do not have
served personally after at least three (3) unbridled right to resort to substituted service of
attempts on two (2) separate dates, service summons.
may be effected:
Residence
(a) By leaving copies of the summons
at the defendant's residence  to a The place where the person named in the
person at least eighteen (18) years of summons is living at the time when the service is
age and of sufficient made, even though he may be temporarily out of
discretion residing therein; the country at the time.
 (b) By leaving copies  of the Office or Regular Place of Business
summons  at the defendant's office or The office or place of regular business of
regular place of business with some defendant at the time of service.
competent person in charge thereof. A
competent person includes, but not
*The Rule presupposes that a relation of
limited to, one who customarily receives
correspondences for the defendant; confidence exists between the person of the
defendant and, therefore, assumes that such
(c) By leaving copies of the summons, if person will deliver the process to defendant or in
refused entry upon making his or her some way get him notice thereof.
authority and purpose known, with any
of the officers of the homeowners' When substituted service is not valid
association or condominium
corporation, or its chief security officer 1. BPI v. De Coster
in charge of the community or the Upon the admitted facts, the residence of
building where the defendant may be the husband was not the usual place of
found; and
residence of the wife who is the
defendant. (For 16 yrs, the residence of
(d) By sending an electronic mail to the
defendant's electronic mail address, if the husband was in Manila City while of
allowed by the court. the wife was in Paris). The summon
cannot be served at the residence of the
husband.

*If conjugal residence, binding on the

spouse.

2. Service on the defendant’s daughter, who

was only 12 yrs old and a grade 4 pupil,
was not a valid substituted service,
because she has was not of suitable age
and discretion.

3. Service on a cashier who was not the

competent person in charge of the office
was held invalid.

Section 7. Service upon entity without *Sole proprietorship is an entity without juridical
juridical personality. — When persons personality separate and distinct from the
associated in an entity without juridical personality of the owner. Thus, a suit against it
personality are sued under the name by which may be instituted against its owner and the
they are generally or commonly known, service
corresponding summons must be served upon
may be effected upon all the defendants by
serving upon any one of them, or upon the him.
person in charge of the office or place of
business maintained in such name. But such *This rule is limited to business entity.
service shall not bind individually any person
whose connection with the entity has, upon due *The service of summons on the person in charge
notice, been severed before the action of the office or place of business contained in the
was  filed. common name, was considered valid.

Section 8. Service upon prisoners. — 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 as a special sheriff for said
purpose. The jail warden shall file a return
within five (5) calendar days from service of
summons to the defendant.

Section 9. Service consistent with Similar provision (Sec. 5, Rule 13) for service of
international conventions. — Service may be pleadings, motions, notices, orders, judgments,
made through methods which are consistent and other court submission.
with established international conventions
to which the Philippines is a party. (n)

Section 10. Service upon minors and A copy of the order of appointment of a guardian
incompetents. — When the defendant is a ad litem is attached to the original and each copy
minor, insane or otherwise an of the summons.
incompetent  person, service of summons shall
be made upon him or her personally and on
*The court acquired jurisdiction over the person
his or her legal guardian if he or she has one,
or if none, upon his or her guardian ad of the insane defendant when the alias summons
litem whose appointment shall be applied and a copy of the complaint were served on his
for by the plaintiff. In the case of a minor, wife who was the guardian ad litem.
service shall be made on his or her parent or
guardian.

Section 11. Service upon spouses. - When

spouses are sued jointly, service of summons
should be made to each spouse individually.

Section 12. Service upon domestic private Pronouncement is an exclusive enumeration of

juridical entity. — When the defendant is a the persons authorized to receive summons for
corporation, partnership or association domestic private judicial entities strict compliance
organized under the laws of the Philippines with with the mode of service necessary to confer
a juridical personality, service may be made on
jurisdiction of the court over a corporation.
the president, managing partner, general
manager, corporate secretary, treasurer, or in-
house  counsel of the corporation wherever they *Former rulings on validity of service on
may be found, or in their absence or managers or agents are no longer applicable
unavailability, on their secretaries.

If such service cannot be made upon any of the

foregoing persons, it shall be made upon the
person who customarily receives the
correspondence for the defendant at its
principal office.

In case the domestic juridical entity is under

receivership or liquidation, service of
summons shall be made on the receiver or
liquidator, as the case may be.

Should there be a refusal on the part of the

persons above-mentioned to receive summons
despite at least three (3) attempts on two (2)
separate dates, service may be made
electronically, if allowed by the court, as
provided under Section 6 of this rule. 

Section 13. Duty of counsel of record. —

Where the summons is improperly served and
a lawyer makes a special appearance on behalf
of the defendant to, among others, question the
validity of service of summons, the counsel
shall be deputized by the court to serve
summons on his client. (n)

Section 14. Service upon foreign private *Rule on service of summons on foreign private
juridical entities. — When the defendant is a entities has been expanded
foreign private juridical entity which has
transacted or is doing business in the *A foreign private juridical entity which has
Philippines, as defined by law, service may be
transacted (or is doing) business in the Philippines
made on its resident agent designated in
accordance with the law for that purpose, or, if with or without a license is subject to the
there be no such agent, on the government jurisdiction of Philippine courts.
official designated by law to that effect, or on
any of its officers, agents,  directors or *Service of summons upon attorney or
trustees within the Philippines. representative of foreign corporation, valid

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. (12)

Section 15. Service upon public

corporations. — When the defendant is the
Republic of the Philippines, service may be
effected on the Solicitor General; in case of a
province, city or municipality, or like public
corporations, service may be effected on its
executive head, or on such other officer or
officers as the law or the court may direct.

Section 16. Service upon defendant whose *Section 16 applies to actions in personam, in

identity or whereabouts are unknown. — In rem and quasi in rem
any action where the defendant is designated
as an unknown owner, or the like, or *Service of summons by publication may only be
whenever his or her whereabouts are unknown
resorted to when the whereabouts of the
and cannot be ascertained by diligent
inquiry, within ninety (90) calendar days from defendant are not only unknown but cannot be
the commencement of the action, service may, ascertained by diligent inquiry.
by leave of court, be effected upon him or
her by publication in a newspaper of general *Service by publication is complemented with
circulation and in such places and for such service by registered mail to the defendant’s last
time as the court may order. known address, evidenced by an affidavit
showing the deposit of a copy of the summons
Any order granting such leave shall specify a and order of publication in the post office,
reasonable time, which shall not be less than postage prepaid, directed to the defendant by
sixty (60) calendar days after notice, within
registered mail to his last known address.
which the defendant must answer.
*In an ordinary civil action, service of summons
to the lienholder is a juridical requirement. If the
lienholder is unknown, service of summons for
unknown defendants should be strictly complied
 with. Otherwise, the judgment cannot be
considered binding on the unknown defendants.

*Jurisdiction can be acquired without service of

summons, if the defendant voluntarily submits
to the jurisdiction of the court by appearing
through his counsel in filing appropriate
pleadings.

Section 17. Extraterritorial service. — When In the case of non-resident defendants who are
the defendant does not reside and is not not found in the Philippines, extraterritorial
found in the Philippines, and the action service of summons are allowed only in actions in
affects the personal status of the plaintiff or rem and quasi in rem.
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 * When the action is in personam and the
contingent, or in which the relief demanded defendant or respondent does not reside and in
consists, wholly or in part, in excluding the the Philippines, the Ph courts cannot try any case
defendant from any interest therein, or the against him because of the impossibility of
property of the defendant has been attached acquiring jurisdiction over the person unless he
within the Philippines, service may, by leave voluntarily appears in court.
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
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.

Section 18. Residents temporarily out of the

Philippines. — When any action is
commenced against a defendant who ordinarily
resides within the Philippines, but who is
temporarily out of it, service may, by leave of
court, be also effected out of the Philippines, as
under the preceding Section.

Section 19. Leave of court. — Any application

to the court under this Rule for leave to effect
service in any manner for which leave of court
is necessary shall be made by motion in
writing, supported by affidavit of the plaintiff or
some person on his behalf, setting forth the
grounds for the application.

Section 20. Return. — Within thirty (30)

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

Should substituted service have been

effected, the return shall state:

(1) The impossibility of prompt personal

service within a period of thirty (30)
calendar days from issue and receipt
of summons;

(2) The date and time of the three (3)

attempts on at least (2) two 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 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.

Section 21. Proof of service. — The proof of

service of a summons shall be made in writing
by the server and shall set forth the manner,
place, and date of service; shall specify any
papers which have been served with the
process and the name of the person who
received the same; and shall be sworn to
when made by a person other than a sheriff or
 his or her deputy.

If summons was served by electronic mail, a

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

Section 22. Proof of service by

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

Section 23. Voluntary appearance. — 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. (20)

In writing a Judicial Affidavit

Avoid leading questions – answerable by yes or a no

Avoid misleading questions –

Incompetent questions
Immaterial Question