September 16 Assignment 10 points each

1. May the plaintiff serve summons?

Answer: Yes, as provided by the 2019 Amendments to the 1997 Rules of Civil
Procedure, particularly Rule 14 Section 3, the plaintiff may serve summons in the
following instances:

1. In case of failure of service of summons by the sheriff, his or her deputy, or other
proper court officer, the court may authorize the plaintiff - to serve the summons -
together with the sheriff;

2. In cases where summons is 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;

3. 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; and

4. If summons is returned without being served on any or all the defendants, the court
shall order the plaintiff to cause the service of summons by other means available under
the Rules.

2, When can substituted service of summons be availed?

Answer: As provided by the 2019 Amendments to the 1997 Rules of Civil Procedure,
particularly Rule 14 Section 6 in relation to Section 20, substituted service of summons
can be availed of when if, for justifiable causes, the defendant cannot, within a period of
30 days from issue and receipt of summons, be served personally after at least three (3)
attempts on two (2) different dates.

3. How is summons served to a person who is serving sentence for reclusion

perpetua?

Answer: As provided by the 2019 Amendments to the 1997 Rules of Civil Procedure,
particularly Rule 14 Section 8, 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.

4. May summons be served through email?

 Answer: Yes, if for justifiable causes, the defendant cannot be served personally with
the summons after at least three (3) attempts on two (2) different dates, the same may
be effected, with the court's permission, by sending an electronic mail to the defendant’s
electronic mail address [Rule 14 Section 6 (d)].

5. Is the ruling in the case of E.B, Villarosa on service of summons still applicable
today?

Answer: Yes, it is nonetheless applicable today.

The 2019 Amendments to the 1997 Rules of Civil Procedure did not only retain the
designation of persons or officers who are authorized to accept summons for a domestic
corporation or partnership, but it likewise introduced the inclusion of their respective
secretaries, in their absence or unavailability, or upon the person who customarily
receives correspondence for the defendant at its principal office in cases where service
of summons cannot be made to the said secretaries.

In relation to the ruling propounded in the case of E.B, Villarosa, the enumeration of
persons to whom summons may be served remained to be "restricted, limited and
exclusive" despite the amendments on the service of summons introduced by the 2019
Amendments to the 1997 Rules of Civil Procedure. The rule on statutory construction
expressio unios est exclusio alterius still applies. Consequently, since “branch manager”
is not expressly named as authorized to accept summons for a domestic corporation or
partnership, the service of summons to them may still not be considered as substantial
compliance with the existing rule and therefore, the trial court cannot acquire jurisdiction
over the person/party.