LEVEL SIX: SERVICE OF SUMMONS (five wives and one husband )

I. What:

1. What is service of summons?

2. What are the modes of service of summons and what are
the proofs of service therefor?
3. What is the effect is summons is served?
4. What will you do if one of your defendants is a minor or
incompetent person?

II. Why:

1. Why must summons be served? (2-fold purpose)

2. Why must a court acquire jurisdiction over the person of the
defendant?

III. Who:
1. Who may serve summonses?
2. What ( hindi naman who  ) happens if the summons
is served by a person other than those authorized by the
rules?

IV. When:
1. When may an alias summons be issued?

V. Where:
1. Where may summons be served if service is done through
substituted service:
a. If the defendant is natural person?
a.1. When may a person be considered of sufficient
discretion for purposes of substituted service of summons?
a.2. When may a person be considered competent for
purposes of substituted service at the defendant’s office or
regular place of business?
b. If the defendant is a juridical person?

VI. How:
1. How may summons be served by substituted service if the
defendant is a juridical person?
2. What is the difference between Service of Summons by
Publication to a defendant who is either unknown or whose
whereabouts is unknown, and Service of Summons by
Publication in Extraterritorial Service of Summons?
3. What prevails between a substantive law providing a
different rule as to service of notices to a cooperative and
Rule 14 of the Rules of Court? (Cathay Metal Corp. vs.
 Laguna West Multi-purpose Coop, G.R. 172204, July 2,
2014)

VII. Fill up the table:

defendant Mode of Upon Proof of

Service whom Service
served
A. Natural Persons:
1. Legally capacitated
a. In the Phils.
b. Outside the
Phils.
c. Unknown
identity or
unknown
whereabouts
2. Minors and
incompetent persons
3. Prisoner

B. Public corporations
1. Republic of the
Philippines
2. Local
Government
Units
3. Government
agencies
4. GOCCs
C. Private domestic
entity
D. Foreign private
entity
1. Conducting
business in the
Phils
2. Not conducting
business in the
Phils.
E. Public foreign
entity 
F. Entities without
juridical
personality
WHAT MAY HAPPEN AFTER SUMMONS IS SERVED?

VIII. DEFENDANT FILES A MOTION FOR A BILL OF

PARTICULARS
1. What is a bill of particulars?
2. What is the limit of a bill of particulars?

IX. DEFENDANT FILES A THIRD-PARTY COMPLAINT

1. What is a third-party complaint?
2. How is it different from a complaint-in-intervention?

X. DEFENDANT MAY BE DECLARED IN DEFAULT

1. When may a defendant be declared in default?

2. What are the remedies of a defendant who was declared in
default?
3. G.R. No. 200134               August 15, 2012
4. ROBERTO OTERO, Petitioner, 
vs.
ROGER TAN, Respondent.
5. What is limitation of an appeal against a judgment
by dfault?
6. What is the Doctrine of Default?
7. b.2. What is the philosophy underlying the Doctrine
of Default? (Momarco Import Company Inc. vs.
Felicidad Villamena G.R. No. 192477 July 27, 2016)
8. b.3. What are the requirements before a defendant
may be declared in default? (Manuel vs. Ong)
9.

XI. DEFENDANT FILES A MOTION TO DISMISS

XII. DEFENDANT FILES AN ANSWER