SUMMONS (Rule 14)

(1) Summons is a writ or process issued and served upon the defendant in a civil action for the
purpose of securing his appearance therein.

(2) The service of summons enables the court to acquire jurisdiction over the person of the
defendant. If there is no service of summons, any judgment rendered or proceedings had in a
case are null and void, except in case of voluntary appearance(Echevarria vs. Parsons
Hardware, 51 Phil. 980). The law requiring the manner of service of summons in
jurisdictional (Toyota Cubao vs. CA, GR 126321, Oct. 23, 1997).

Nature and purpose of summons in relation to actions in personam, in remand quasi in rem
(1) In an action in personam, the purpose of summons is not only to notify the defendant of
the action against him but also to acquire jurisdiction over his person(Umandap vs. Sabio, Jr., 339
SCRA 243). The filing of the complaint does not enable the courts to acquire jurisdiction over the
person of the defendant. By the filing of the complaint and the payment of the required filing
and docket fees, the court acquires jurisdiction only over the person of the plaintiff, not over the
person of the defendant. Acquisition of jurisdiction over the latter is accomplished by a valid
service of summons upon him. Service of summons logically follows the filing of the complaint.
Note further that the filing of the complaint tolls the running of the prescriptive period of the
cause of action in accordance with Article 1155 of the Civil Code.
(2) In an action in rem or quasi in rem, jurisdiction over the defendant is not required and the
court acquires jurisdiction over an action as long as it acquires jurisdiction over the res. The
purpose of summons in these actions is not the acquisition of jurisdiction over the defendant but
mainly to satisfy the constitutional requirement of due process (Gomez vs. CA, 420 SCRA 98).

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

(a) Voluntary appearance of attorney;

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

(c) A telegraphic motion for postponement (Punzalan vs. Papica, Feb. 29, 1960);
(d) Filing a motion for dissolution of attachment;

(e) Failure to question the invalid service of summons (Navale vs. CA, GR 109957, Feb. 20,
1996);
(f) Filing a motion for extension of time to file an answer.

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

Substituted service
(1) If the defendant cannot be served within a reasonable time, service may be effected:

(a) By leaving copies of the summons at the defendant’s dwelling house or residence with
some person of suitable age and discretion then residing therein; or

(b) By leaving copies at defendant’s office or regular place of business with some competent
person in charge thereof (Sec. 7).
(2) It may be resorted to if there are justifiable causes, where the defendant cannot be served
within a reasonable time (Sec. 7). An example is when the defendant is in hiding and resorted to
it intentionally to avoid service of summons, or when the defendant refuses without justifiable
reason to receive the summons (Navale vs. CA, 253 SCRA 705).
(3) In substituted service of summons, actual receipt of the summons by the defendant
through the person served must be shown (Millennium Industrial Commercial Corp. vs. Tan, 383
Phil. 468). It further requires that where there is substituted service, there should be a report
indicating that the person who received the summons in defendant’s behalf was one with
whom petitioner had a relation of confidence ensuring that the latter would receive or would be
notified of the summons issued in his name (Ang Ping vs. CA, 369 Phil. 609; Casimina vs. Hon.
Legaspi, GR 147530, June 29, 2005).
(4) Substituted service is not allowed in service of summons on domestic corporations (Delta
Motor Sales Corp. vs. Mangosing, 70 SCRA 598).

Constructive service (by publication)

(1) As a rule, summons by publication is available only in actions in rem or quasi in rem. It is not
available as a means of acquiring jurisdiction over the person of the defendant in an action in
personam.
(2) Against a resident, the recognized mode of service is service in person on the defendant
under Sec. 6 Rule 14. In a case where the defendant cannot be served within a reasonable
time, substituted service will apply (Sec. 7, Rule 14), but no summons by publication which is
permissible however, under the conditions set forth in Sec. 14, Rule 14.
(3) Against a non-resident, jurisdiction is acquired over the defendant by service upon his
person while said defendant is within the Philippines. As once held, when the defendant is a
nonresident, personal service of summons in the state is essential to the acquisition of jurisdiction
over him (Banco Do Brasil, supra). This is in fact the only way of acquiring jurisdiction over his
person if he does not voluntarily appear in the action. Summons by publication against a
nonresident in an action in personam is not a proper mode of service.
(4) Publication is notice to the whole world that the proceeding has for its object to bar
indefinitely all who might be minded to make an objection of any sort against the right sought to
be established. It is the publication of such notice that brings the whole world as a party in the
case and vests the court with jurisdiction to hear and decide it(Alaban vs. CA, GR 156021, Sept.
23, 2005).

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

(a) Present in the Philippines

1. Personal service (Rule 14, Sec. 6)

2. Substituted service (Rule 14, Sec. 7)
3. Publication, but only if
1. his identity or whereabouts is unknown (Rule 14, Sec. 14); and
2. the action is in rem or quasi in rem (Citizen Surety v. Melencio-Herrera, 38 SCRA 369
[1971]).
(b) Absent from the Philippines

1. Substituted service (Rule 14, Sec. 7)

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

1. Present in the Philippines

1. Personal service (Sec. 6, Rule 14)
2. Substituted service (Sec. 7, Rule 14)
3. Absent from the Philippines
1. Action in rem or quasi in rem – only Extraterritorial service (Rule 14, Sec. 15)
2. Action in personam, and judgment cannot be secured by attachment (e.g.
action for injunction)
3. Wait for the defendant to come to the Philippines and to serve summons then
4. Bait the defendant to voluntarily appear in court (Rule 14, Sec. 20)
5. Plaintiff cannot resort to extraterritorial service of summons (Kawasaki Port
Services vs. Amores, 199 SCRA 230 [1991]; Dial Corporation vs. Soriano, 161
SCRA 737 [1988]).

Service upon residents temporarily outside the Philippines

(1) Service of summons upon a resident of the Philippines who is temporarily out of the country,
may, by leave of court be effected out of the Philippines as under the rules on extraterritorial
service in Sec. 15, Rule 14 by any of the following modes: (a) by personal service as in Sec. 6, (b)
by publication in a news paper of general circulation together with a registered mailing of a
copy of the summons and the order of the court to the last known address of the defendant, or
(c) by any manner the court may deem sufficient under Sec. 16. Like in the case of an unknown
defendant or one whose whereabouts are unknown, the rule affecting residents who are
temporarily out of the Philippines applies in any action. Note also, that summons by publication
may be effected against the defendant.

(2) The defendant may however, also be served by substituted service (Montalban vs.
Maximo, 22 SCRA 1070). This is because even if he is abroad, he has a residence in the
Philippines or a place of business and surely, because of his absence, he cannot be served in
person within a reasonable time.

Extra-territorial service, when allowed

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

(a) When the action affects the personal status of the plaintiffs;

(b) When the action relates to, or the subject of which is, property within the Philippines, in
which the defendant has or claims a lien or interest, actual or contingent;

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

(d) When the defendant non-resident’s property has been attached within the Philippines.

(2) Extraterritorial service of summons applies when the following requisites concur:

(a) The defendant is nonresident;

(b) He is not found in the Philippines; and

(c) The action against him is either in rem or quasi in rem.

(3) If the action is in personam, this mode of service will not be available. There is no
extraterritorial service of summons in an action in personam. Hence, extraterritorial service upon
a nonresident in an action for injunction which is in personam is not proper (Kawasaki Port
Service Corp. vs. Amores, 199 SCRA 230; Banco Do Brasil vs. CA, 333 SCRA 545).
Service upon prisoners and minors
(1) On a minor. Service shall be made on him personally and on his legal guardian if he has
one, or if none, upon his guardian ad litem whose appointment shall be applied for by the
plaintiff, or upon a person exercising parental authority over him, but the court may order that
service made on a minor of 15 or more years of age shall be sufficient (Sec. 10);
(2) On prisoners. It shall be made upon him by serving on the officer having the management
of the jail or institution who is deemed deputized as a special sheriff for said purpose (Sec. 9).

Proof of service
(1) When the service has been completed, the server shall, within five (5) days therefrom,
serve a copy of the return, personally or by registered mail, to the plaintiff’s counsel, and shall
return the summons to the clerk who issued it, accompanied by proof of service (Sec. 4, Rule 14).
(2) After the completion of the service, a proof of service is required to be filed by the server of
the summons. The proof of service of summons shall be made in writing by the server and shall
set forth the manner, place and date of service; shall specify any papers which have been
served with the process and the name of the person who received the same; and shall be sworn
to when made by a person other than a sheriff or his deputy (Sec. 18).