VOLUNTARY PERSONAL SUBSTITUTED CONSTRUCTIVE EXTRATERRITORIAL SERVICE SERVICE UPON

APPEARANCE SERVICE SERVICE SERVICE DOMESTIC OR FOREIGN

PRIVATE JURIDICAL
ENTITY
EFFECT OF Regardless When allowed SUMMONS BY , WHEN ALLOWED Requisites Summons on domestic
VOLUNTARY of the type It is allowed if, PUBLICATION of extra-territorial service of private juridical entity
APPEARANCE of action – for justifiable summons (2009 BAR) 1. The (1999, 2006 BAR) Service
whether it causes, the The rule in Sec. 16, defendant is nonresident; 2. may be made on the:
The is in defendant Rule 14 (Rules of He or she is not found in the (PIGS-MTS)
defendant’s personam, cannot be Court 2020) Philippines; and 3. The action
voluntary in rem or served authorizes summons against him is either in rem 1. President;
appearance quasi-in personally by publication in any or quasi in rem. NOTE: There 2. In-house counsel
shall be rem – the after at least 3 action and the rule is no extraterritorial service wherever they may be
equivalent to preferred attempts on 2 obviously does not of summons in an action in found, or in their absence
service of mode of different distinguish whether personam. Hence, or unavailability, on their
summons. service of dates. (Sec. 6, the action is in extraterritorial service upon secretaries;
The inclusion summons Rule 14, 2019 personam, in rem, or a nonresident in an action 3. General mana-ger;
in a motion to is personal Amendments quasi in rem. The for injunction which is in 4. Corporate secre-tary;
dismiss of service. (De to the Rules of tenor of the rule personam is not proper. 5. Managing partner; or
other Pedro v. Civil authorizes summons (Kawasaki Port Service Corp. 6. Treasurer;
grounds aside Romasan Procedure) by publication vs. Amores, G.R. No. 58340, 7. On their secretaries, in
from lack of Developme How effected whatever the action July 16, 1991; Banco Do case of their absence or
jurisdiction nt Corp., 1. By leaving may be as long as the Brasil vs. CA, G.R. No. unavailability.
over the G.R. No. copies of the identity of the 121576-78, June 16, 2000) (Sec. 12, Rule 14, 2019
person of the 194751, summons at defendant is unknown Instances when extra- Amendments to the Rules
defendant November the or his whereabouts territorial service of of Civil Procedure)
shall be 26, 2014, defendant's are unknown. (Santos summons is allowed: 1. The
deemed a as penned residence to a v. PNOC Exploration, action affects the personal NOTE: If such service
voluntary by J. person at least Corporation, G.R. No. status of the plaintiff; 2. The cannot be made upon any
appearance. Leonen) 18 years of 170943, September action relates to, or the of the foregoing persons,
(Sec. 23, Rule How age and of 23, 2008) Within subject of which is the it shall be made UPON
14, 2019 effected 1. sufficient ninety (90) calendar property within the THE PERSON WHO
Amendments By handing discretion days from the Philippines on which the CUSTOMARILY RECEIVES
to the Rules a copy of residing commencement of defendant has or claims a THE CORRESPONDENCE
of Civil the therein; 2. By action, service may, by lien or interest, actual or for the defendant at its
Procedure) summons leaving copies leave of court, be contingent; 3. The action in principal office. Should
to the of the effected upon him or which the relief demanded there be a REFUSAL
NOTE: defendant summons at her by publication in consists, wholly or in part, in on the part of the persons
Voluntary in person, the the following excluding the defendant above-mentioned to
appearance and defendant's situations: 1. The from any interest therein receive su-mmons
cures the informing office or identity of the (2016 BAR); and 4. When the despite at least 3
defect in the the regular place defendant is property of the defendant attempts on 2 different
service of defendant of business unknown; 2. The has been attached in the dates, service MAY BE
summons. (Sy that he or with some whereabouts of the Philippines. (NM Rothschild MADE ELECTRO-NICALLY,
v. Fairland she is being competent defendants are & Sons [Australia] Ltd. v. IF ALLOWED BY THE
Knitcraft Co., served; or person in unknown and cannot Lepanto Consolidated Mining COURT. (Ibid.)
Inc, G.R. No. 2. If he or charge be ascertained by Co., G.R. No. 175799, NOTE: The enume-ration
182915, she refuses thereof. A diligent inquiry; (Sec. November 28, 2011) of persons authorized to
December 12, to receive competent 16, Rule 14, Rules of Manner of service of receive summons for
2011) Forms and sign person Court 2020) 3. The summons in cases of juridical entities under
of voluntary for it, by includes, but is defendant is a extraterritorial service Sec. 12, Rule 14 is
appearance leaving the not limited to, resident of the 1. With leave of court served
1. Voluntary summons one who Philippines but is outside the Philippines by EXCLUSIVE. (Cathay
appearance within the customarily temporarily out of the personal service; 2. As Metal Corporation v.
of attorney; view and in receives country; or 4. In case provided for in international Launa West Multi-
2. A motion, the correspondenc the defendant does conventions to which the Purpose Coope-rative,
by answer, or presence of es for the not reside and cannot Philippines is a party; 3. With Inc., G.R. No. 172204, July
simple the defendant; 3. be found in the leave of court served by 2, 2014, as penned by J.
manifestation defendant. By leaving Philippines, the publication in a newspaper Leonen)
(Flores v. (Sec. 5, copies of the remedy of the plaintiff of general circulation, in
Surbito, G.R. Rule 14, summons, if in order to acquire which case a copy of the Following the rule in
No. L-12890, 2019 refused entry jurisdiction to try the summons and order of court Statutory Construction
March 8, Amendmen upon making case is to convert the must also be sent by expre-ssion “UNIUS EST
1918); 3. A ts to the his or her action into a registered mail to the last EXCLUSION ALTERIUS”,
telegraphic Rules of authority and proceeding in rem or known address of defendant the enumeration under
motion for Civil purpose quasi in rem by (2008 BAR); or 4. Any other the rule is RESTRICTED.
postponemen Procedure; known, with attaching the property manner the court may deem
t (Punzalan v. Spouses any of the of the defendant. sufficient. (Sec. 17, Rule 14, Strict compliance with the
Papica, Manuel v. officers of the (Philippine 2019 Amendments to the rule is required. (Spouses
February 29, Ong, G.R. homeowners’ Commercial Rules of Civil Procedure) Mason v. CA and
1960); 4. No. association or International Bank v. Hague Service Convention Columbus Philippines Bus
Filing a 205249, condominium Alejandro, G.R. No. One international convention Corporation, G.R. No.
motion for October corporation, 175587, September by which service of summons 144662, October 13,
dissolution of 14, 2014, or its chief 21, 2007) NOTE: Those in cases of extra-territorial 2003)
attachment; as penned security officer enumerated from 1 to service may be effected is
5. Failure to by J. in charge of 3 applies to any The Convention on the SUMMONS ON FOREIGN
question the Leonen) the action, which Service Abroad of Judicial PRIVATE JURIDICAL
invalid service Locus of community or necessarily includes and Extrajudicial Documents ENTITY REGISTERED IN
of summons the service the building personal action. in Civil or Commercial THE PHILIPPINES
(Navale v. CA, is not where the (Riano, 2014) Matters, also known as the
G.R. No. controlling defendant Summons by Hague Service Convention, Provided it has
109957, Personal may be found; publication may be which was concluded on TRANSACTED BUSINESS
February 20, service of and 4. By made only with leave November 15, 1965. It: 1. in the Philippines, or is
1996); and 6. summons sending an of court. Service of Establishes a streamlined DOING BUSINESS in the
Filing a has nothing electronic mail summons may be transmission of judicial and Philippines, as defined by
motion for to do with to the effected through extrajudicial documents from law, service may be made
extension of the defendant’s publication in a One State Party to Another; on its: (REGA)
time to file an location electronic mail newspaper of general 2. Provides transnational
answer; and where address, if circulation together litigants with methods for 1. RESIDENT AGENT
7. Motion to summons allowed by the with a registered the service of documents designated in accordance
dismiss based is served. A court. (Ibid.) mailing of a copy of abroad; 3. Simplifies and with law for that purpose;
on other defendant’ Requisites the summons and the expedites the service of 2. If there be no such
grounds aside s address is When order of the court to documents abroad; and 4. agent, on the
from lack of inconseque resorting to the last known Guarantees that service will GOVERNMENT OFFICIAL
jurisdiction ntial. The substituted address of the be brought to the notice of designated by law to that
over the rule is clear service, the defendant. (Riano, the recipient in sufficient effect; or
person of the in what it following 2014) It can be done time. In relation thereto, the 3. On any of its OFFICERS
defendant. requires; statutory as a complementary Supreme Court promulgated OR AGENTS, DIRECTORS
(Sec. 23, Rule personally requirements to service of summons Administrative Order No. OR TRUS-TEES within the
14, 2019 handing must be by publication, but it 251-2020 or the Guidelines Philippines. (Sec. 14, Rule
Amendments the strictly, does not mean that in the Implementation of the 14, 2019 Amendments to
to the Rules summons faithfully, and service by registered Hague Service Convention on the Rules of Civil
of Civil to the fully observed: mail alone would the Service Abroad of Judicial Procedure)
Procedure) defendant 1. Indicate the suffice. NOTE: There is Documents in Civil and
(albeit impossibility no service of Commercial Matters. Central NOTE: It is not enough to
HOW tender is of service of summons solely by Authority Central Authority – merely allege in the
SUMMONS IS sufficient summons registered mail except refers to the receiving complaint that the
SERVED should the within a as an additional authority in charge of defendant foreign
defendant reasonable requirement to receiving requests for service corporation is doing
Summons is refuse to time; 2. service by publication. from Requesting States and business in the
served by any receive and Specify the executing them or causing Philippines. Such FACT
of the sign). What efforts exerted SERVICE UPON them to be executed. NOTE: MUST FIRST BE
following is to locate the DEFENDANT WHOSE The Central Authority may ESTABLISHED BY
means: (SEPS) determina defendant; IDENTITY OR decline the request for APPROPRIATE
1. Service in tive of the and 3. State WHEREABOUTS IS service if it does not comply ALLEGATIONS. (HSBC v.
person on validity of that the UNKNOWN with the provisions of the Catalan, G.R. No. 159590,
defendant; 2. personal summons was Hague Service Convention, October 18, 2004)
Extraterritori service is, served upon: In any action where or when compliance with the
al service; 3. therefore, a. A person of the defendant is request would infringe upon SUMMONS ON FOREIGN
Service by the person sufficient age designated as an its sovereignty or security. PRIVATE JURIDICAL
publication; of the and discretion unknown owner, or The Office of the Court ENTITY NOT REGISTERED
or 4. defendant, who is residing the like, or whenever Administrator (OCA) is IN THE PHILIPPINES.
Substituted not the in the address, his or her designated as the Central
service. locus of the or b. A person whereabouts are Authority in the Philippines If the foreign private
service. in charge of unknown and cannot for judicial documents for juridical entity is not
WHO MAY (Spouses the office or be ascertained by purposes of Article 2 of the registered in the
SERVE Manuel v. regular place diligent inquiry, within Hague Service Convention Philippines or has no
SUMMONS Ong, ibid.) of business, of 90 calendar days from (Per SC Resolution dated resident agent, service
The summons The rule the defendant the commencement December 4, 2018). may, WITH LEAVE OF
may be does not 4. It is likewise of the action, service NOTE: For extrajudicial COURT, be EFFECTED
served by require required that may, by leave of court, documents, the Central OUTSIDE of the
the: 1. Sheriff; that the the pertinent be effected upon him Authority is the Integrated Philippines through any of
2. Deputy of service of facts proving or her by publication Bar of the Philippines, thus, the following means:
the sheriff; 3. summons these in a newspaper of not covered by these
Other proper on the circumstances general circulation guidelines. Scope of the 1. By PERSONAL SERVICE
court officer; defendant be stated in and in such places and Guidelines The Guidelines coursed through the
or 4. Plaintiff, in person the proof of for such time as the shall govern the operation appropriate court in the
provided: a. must be service or in court may order. Any and implementation of the foreign country with the
There must effected the officer’s order granting such Hague Service Convention in ASSISTANCE of the
be failure of only at the return. NOTE: leave shall specify a Civil Procedure 95 the Department of Foreign
service of latter’s The sheriff’s reasonable time, Philippines, insofar as they Affairs;
summons by residence return must which shall not be less concern judicial documents
the sheriff or as stated in show the than 60 calendar days in civil or commercial 2. By PUBLICATION ONCE
his deputy; b. the details of the after notice, within matters. Application of the in a newspaper of
Authorized by summons. efforts exerted which the defendant Hague Service Convention general circulation in the
the court; c. On the to personally must answer. (Sec. 16, The Hague Service country where the
The summons contrary, serve Rule 14, 2019 Convention shall apply in the defendant may be found
is to be said summons Amendments to the Philippines, provided the AND by SERVING a copy
served provision is upon Rules of Civil following conditions are of the summons and the
outside the crystal defendants or Procedure) present: 1. A document is to court order by-registered
judicial region clear that, respondents, be transmitted from one mail at the last known
of the court whenever before SERVICE UPON State Party for service to address of the defendant;
where the practicable, substituted RESIDENTS another State Party; 2. The 3. By FACSIMILE;
case is summons service or TEMPORARILY address of the intended 4. By ELECTRONIC MEANS
pending. (Sec. shall be service by OUTSIDE THE recipient in the receiving with prescribed proof of
3, Rule 14, served by publication is PHILIPPINES State Party is known; 3. The service; or
2019 handing a availed. (De document to be served is a 5. By such OTHER MEANS
Amendments copy Pedro v. When any action is judicial document; and 4. as the court may in its
to the Rules thereof to Romasan commenced against a The document to be served discretion direct. (Ibid.)
of Civil the Development defendant who relates to a civil or
Procedure defendant; Corp., as ordinarily resides commercial matter. SUMMONS ON ENTITIES
or if he penned by J. within the Philippines, Outbound Request for WITHOUT JURIDICAL
refuses to Leonen, but who is temporarily Service Upon motion for PERSONALITY
receive and supra.) Failure out of it, service may, leave of court of a party in a
sign for it, to comply with by leave of court, be civil or commercial When persons associated
by this rule also effected out of proceeding, the court shall in an entity without
tendering it renders the Philippines, as determine whether juridical personality are
to him. absolutely under the preceding extraterritorial service sued under the name by
Nothing void the Section. (Sec. 18, Rule through the Hague Service which they are generally
more is substituted 14, 2019 Amendments Convention is necessary, in or commonly known,
required. service along to the Rules of Civil accordance with Rules 13 service may be EFFECTED
The service with the Procedure) NOTE: and 14 of the Rules of Court, UPON ALL THE
of the copy proceedings “Dwelling house” or as amended. If the court DEFENDANTS by serving
of the taken “residence” refers to finds that extraterritorial upon any one of them,
summons thereafter for the place where the service under the Hague OR upon the PERSON IN
and the lack of defendant was living Service Convention is CHARGE of the office or
complaint jurisdiction at the time when the warranted, it shall issue an place of business
inside the over the service was made, Order to that effect. Once all maintained in such name.
courtroom person of the even though he was the requirements are BUT such service SHALL
of the defendant temporarily out of the submitted by the party NOT BIND individually
MeTC of (Sandoval v. country. (Domagas v. requesting the ANY PERSON whose
Manila, HRET, G.R. No. Jensen, G.R. No. extraterritorial service connection with the
Branch 24 149380, July 3, 158407, January 17, through the Hague Service entity has, upon due
was the 2000). 2005 Convention, the court shall notice, been SEVERED
most Impossibility coordinate with the Central before the action was
practicable of prompt Authority of the Requested filed. (Sec. 7, Rule 14,
act under service (2013, State and transmit the 2019 Amendments to the
the 2016, 2017 following: 1. The Order Rules of Civil Procedure)
circumstan BAR) It is only granting the extraterritorial
ces, and when the service; 2. The filled-out SERVICE OF SUMMONS
the process defendant Request and Summary of ON PUBLIC CORPO-
server cannot be Document to be Served with RATIONS
need not served Warning; 3. The blank
wait for personally Certificate (to be completed 1. When the defendant is
respondent within a by the Central Authority of the Republic of the
to reach reasonable the Requested State); 4. The Philippines, service may
their given time that a documents sought to be be effected on the
address substituted served; and 5. Certified SOLICITOR GENERAL;
before he service may be translations of the Model 2. When the defendant is
could serve made. Form and all accompanying a province, city or
on the Impossibility documents, where municipality, or like public
latter the of prompt necessary. Inbound Request corporations, service may
summons service should for Service The Forwarding be effected on its
and the be shown by Authority of the Requesting EXECUTIVE HEAD, OR ON
copy of the stating the State from which the SUCH OTHER OFFICER OR
complaint. efforts made documents originated shall OFFICERS as the law or
Due to the to find the transmit the request, the court may direct. (Sec.
distance of defendant together with all the 15, Rule 14, 2019
the said personally and documents, including proof Amendments to the Rules
address, the fact that of payment, to the OCA. of Civil Procedure)
service such efforts Should the request, upon PROOF OF SERVICE It
therein failed. This evaluation of the OCA, fails shall:
would have statement to comply with any of the
been more should be above-mentioned 1. Be made in writing by
costly and made in the requirements, or there are the server;
would have proof of objections for the execution 2. Set forth the manner,
entailed a service. of the request, the OCA shall place, and date of
longer (Galura v. inform the Forwarding service;
delay on Math- Authority, specifying the 3. Specify any papers
the part of AgroCorporati objection/s thereto. If the which have been served
the process on, G.R. No. objections are resolved, the with the same;
server in 167230, processing of the request 4. Be sworn to when
effecting August 14, shall proceed. Otherwise, the made by a person other
the service 2009) request shall be denied, and than a sheriff or his
of the all documents relating deputy; and
summons. thereto shall be returned to 5. If served by electronic
(Sansio the Forwarding Authority, mail,
Philippines, along with a notice of a. a printout of said e-
Inc. v. objection or denial, stating mail with a copy of
Spouses the reasons therefor. When summons, and
Mogol, Jr., the request is sufficient in b. affidavit of person
G.R. No. form, the OCA shall forward mailing. (Sec. 21, Rule 14,
177007, the request to the court 2019 Amendments to the
July 14, having jurisdiction over the Rules of Civil Procedure)
2009) area where the intended
recipient resides. NOTE: Absence in the
sheriff’s return of a
SERVICE UPON PRISONERS statement about the
AND MINORS impossibility of personal
service is not conclusive
Service of summons upon proof that the service is
prisoners Service shall be invalid. The plaintiff may
effected upon him by the submit proof of prior
officer having the attempts at personal
management of such jail or service during the hearing
institution who is deemed of any incident assailing
deputized as a special sheriff the validity of the
for said purpose. The jail substituted service. Also,
warden shall file a return the impossi-bility of
within five (5) calendar days service may be
from service of summons of established by evidence.
the defendant. (Sec. 8, Rule Proof of service by
14, 2019 Amendments to the publica-tion
Rules of Civil Procedure)
Service of summons upon 1. Affidavit of the
minors and incompetents publisher, editor business
When the defendant is a or adver-tising manager,
minor, insane, or otherwise to which affidavit a copy
incompetent, service of of the publication shall be
summons shall be made: 1. attached; and
Upon him or her personally;
and 2. On his or her legal 2. Affidavit showing the
guardian if he or she has deposit of a copy of the
one; or 3. If none, upon his summons and order for
or her guardian ad litem public-cation in the post
whose appointment shall be office, postage prepaid,
applied for by the plaintiff. directed to the defendant
(Sec. 10, Rule 14, 2019 by registered mail to his
Amendments to the Rules of or her last known address
Civil Procedure) NOTE: In the (Sec. 22, Rule 14, 2019
case of a minor, service Amendments to the Rules
SHALL be made on his or her of Civil Procedure)
parent or guardian. (Ibid.)