How is tender of summons effected?

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Tender of summons is effected by leaving the summons within the view and in the
presence of the defendant if the defendant refuses to receive and sign for it. (Section 5, Rule
14 of the Revised Rules of Court)

May a defendant be served with summons when he is out of the Philippine territory?
Expound. *

Yes. A defendant may be served with summons when he is out of the Philippine
territory through EXTRATERRITORIAL SERVICE under Section 17, Rule 14 of the Revised
Rules of Court and through service upon residents temporarily outside the Philippines under
Section 18, Rule 14 of the Revised Rules of Court.
Under Section 17, Rule 14 of the Revised Rules of Court, Extraterritorial service of
summons is allowed when:
1. The defendant is a non-resident;
2. He or she is not found in the Philippines;
3. The action involves:
a. That which affects the personal status of the plaintiff;
b. That which relates to or the subject matter of which is property within
the Philippines, in which the defendant claims a lien or interest, actual or
contingent;
c. That in which the relief demanded consists, wholly or in part, in
excluding the defendant from an interest in property located in the
Philippines; or
d. That in which the defendant property has been attached in the
Philippines; and
4. Leave of court is secured.

Extraterritorial service can only involve actions that are either in rem or quasi in rem.

Under Section 18, Rule 14 of the Revised Rules of Court, “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.”
For this rule to be applicable, the absence of the defendant should be only temporary
and leave of court is necessary to effect a service of summons on a resident defendant who is
temporarily out of the Philippines.
In any action where the defendant who resides in the Philippines is temporarily out of it,
service may be effected by:
a. Personal service;
b. Substituted service;
c. As provided in international conventions where the Philippines is a party;
d. By publication in a newspaper of general circulation in places and time as the court
may order and a copy of the summons shall be sent by registered mail to the
defendant’s last known address; and
e. Any other manner as the court may deem sufficient.
The Rule refers to “any action.” Thus, in actions in personam against residents
temporarily out of the Philippines, the court need not always attach the defendant's property
in order to have authority to try the case as jurisdiction may be acquired through substituted
service or publication.

What is a person of sufficient discretion for purposes of substituted service of

summons?

In the case of Manotoc v. CA, "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.

And, according to Section 6 (a), Rule 14 of the Revised Rules of Court, substituted service is
effected by leaving copies of the summons at the defendant’s residence to a person at least
eighteen (18) years of age and of sufficient discretion residing therein.

Can the defendant found by the sheriff inside a mall while both of them were shopping
be validly served with summons?

Yes. According to Section 5, Rule 14 of the Revised Rules of Court, “whenever

practicable, the summons shall be served by handing a copy thereof to the defendant in
person and informing the defendant that he or she is being
served, or, if he or she refuses to receive and sign for it, by leaving the summons within the
view and in the presence of the defendant.”
It is clear that what the rule requires is tpersonally handling of the summons to the
defendant and albeit tender is sufficient if the defendant refuse to receive and sign it. What is
determinative of the validity of personal service is, therefore, the person of the defendant, not
the locus of service. Thus, summons may be served personally wherever the defendant is
found within the Philippines.
Therefore, the sheriff can validly served summons to the defendant inside a mall where
the defendant is found.