Rule 14 Summons

• Section 1. Clerk to issue summons. 

  Unless the complaint is on its face dismissible under Section 1, Rule 9, the court shall, within ve (5) calendar days from receipt of the initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of court to issue the corresponding summons to the defendants.
• Section 2. Contents. (part 1)

  The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain:

  (a)  The name of the court and the names of the parties to the action; ex parte motion, an authorization for the plaintiff to serve summons to the defendant;

  (b)  When authorized by the court upon 

  (c)  A direction that the defendant answer within the time fixed by these Rules; and
• Section 2. Contents. (part 1)

  (d)  A notice that unless the defendant so answers, plainti will take judgment by default and may be granted the reliefapplied for.

  A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons.
• Section 3. By whom served. (part 1)

  The summons may be served by the sheri, his or her deputy, or other proper court ocer, and in case of failure of service of summons by them, the court may authorize the plainti - to serve the summons - together with the sheri.In cases where summons is to be served outside the judicial region of the court where the case is pending, the plainti shall be authorized to cause the service of summons.
• Section 3. By whom served. (part 2)

  If the plainti is a juridical entity, it shall notify the court, in writing, and name its authorized representative therein, attaching a board resolution or secretary’s certicate thereto, as the case may be, stating that such representative is duly authorized to serve the summons on behalf of the plainti.If the plainti misrepresents that the defendant was served summons, and it is later proved that no summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullied, and the plainti shall be meted appropriate sanctions.
• Section 3. By whom served. (part 3)

  If summons is returned without being served on any or all the defendants, the court shall order the plainti to cause the service of summons by other means available under the Rules.Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice.
• Section 4. Validity of summons and issuance of alias summons 

  Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss or destruction of summons, the court may, upon motion, issue an alias summons.There is failure of service after unsuccessful attempts to personally serve the summons on the defendant in his or her address indicated in the complaint. Substituted service should be in the manner provided under Section 6 of this Rule. 
• Section 5. Service in person on defendant.

  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
• Section 6. Substituted service. (part 1)

  If, for justiable causes, the defendant cannot be served personally after at least three (3) attempts on two (2) dierent dates, service may be eected:

  (a)  By leaving copies of the summons at the defendant's residence to a person at least eighteen (18) years of age and of sucient discretion residing therein;
• Section 6. Substituted service. (part 2)

  (b)  By leaving copies of the summons at the defendant's oce or regular place of business with some competent person in charge thereof. A competent person includes, but is not limited to, one who customarily receives correspondences for the defendant;
• Section 6. Substituted service.  (part 3)

  (c)  By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the ocers of the homeowners’ association or condominium corporation, or its chief security ocer in charge of the

  community or the building where the defendant may be found; and(d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court. 
• Section 7. Service upon entity without juridical personality.

  When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known, service may be eected upon all the defendants by serving upon any one of them, or upon the person in charge of the oce or place of business maintained in such name. But such service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was led. 
• Section 8. Service upon prisoners

  When the defendant is a prisoner conned in a jail or institution, service shall be eected upon him or her by the ocer having the management of such jail or institution who is deemed as a special sheri for said purpose. The jail warden shall le a return within ve (5) calendar days from service of summons to the defendant.
• Section 9. Service consistent with international conventions. 

  Service may be made through methods which are consistent with established international conventions to which the Philippines is a party. 
• Section 10. Service upon minors and incompetents. 

  When the defendant is a minor, insane or otherwise an incompetent person, service of summons shall be made upon him or her personally and on his or her legal guardian if he or she has one, or if none, upon his or her guardian ad litem whose appointment shall be applied for by the plainti. In the case of a minor, service shall be made on his or her parent or guardian.
• Section 11. Service upon spouses.

  When spouses are sued jointly, service of summons should be made to each spouse individually. 
• Section 12. Service upon domestic private juridical entity (part 1)

  When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel of the corporation wherever they may be found, or in their absence or unavailability, on their secretaries.
• Section 12. Service upon domestic private juridical entity (part 2)

  If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who customarily receives the correspondence for the defendant at its principal oce.In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on the receiver or liquidator, as the case may be.
• Section 12. Service upon domestic private juridical entity. (part 3)

  Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least three (3) attempts on two (2) dierent dates, service may be made electronically, if allowed by the court, as provided under Section 6 of this Rule.
• Section 13. Duty of counsel of record.

  Where the summons is improperly served and a lawyer makes a special appearance on behalf of the defendant to, among others, question the validity of service of summons, the counsel shall be deputized by the court to serve summons on his or her client.
• Section 14. Service upon foreign private juridical entities. (part 1)

  When the defendant is a foreign private juridical entity which has transacted or is doing business in the Philippines, as dened by law, service may be made on its resident agent designated in accordance with law for that purpose, or, if there be no such agent, on the government ocial designated by law to that eect, or on any of its ocers, agents, directors or trustees within the Philippines.
• Section 14. Service upon foreign private juridical entities. (part 2)

  If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has transacted or is doing business in it, as dened by law, such service may, with leave of court, be eected outside of the Philippines through any of the following means:

  (a)  By personal service coursed through the appropriate court in the foreign country with the assistance of the department of foreign aairs;
• Section 14. Service upon foreign private juridical entities. (part 3)(b)  By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant;

  (c)  Byfacsimile;

  (d)  By electronic means with the prescribed proof of service; or

  (e)  By such other means as the court, in its discretion, may direct.
• Section 15. Service upon public corporations. 

  When the defendant is the Republic of the Philippines, service may be eected on the Solicitor General; in case of a province, city or municipality, or like public corporations, service may be eected on its executive head, or on such other ocer or ocers as the law or the court may direct.
• Section 16. Service upon defendant whose identity or whereabouts are unknown. (part 1)

  In any action where the defendant is designated as an unknown owner, or the like, or whenever his or her whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar days from the commencement of the action, service may, by leave of court, be eected upon him or her by publication in a newspaper of general circulation and in such places and for such time as the court may order.
• Section 16. Service upon defendant whose identity or whereabouts are unknown. (part 2)

  Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.
• Section 17. Extraterritorial service. (part 1)

  When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or 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, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein,
• Section 17. Extraterritorial service (part 2)

  or the property of the defendant has been attached within the Philippines, service may, by leave of court, be eected out of the Philippines by personal service as under Section 6; or as provided for in international conventions to which the Philippines is a party; 
• Section 17. Extraterritorial service (part 3)

  ...or by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant, or in any other manner the court may deem sucient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.
• Section 18. Residents temporarily out of the Philippines.

  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 eected out of the Philippines, as under the preceding Section.
• Section 19. Leave of court.

  Any application to the court under this Rule for leave to eect service in any manner for which leave of court is necessary shall be made by motion in writing, supported by adavit of the plainti or some person on his behalf, setting forth the grounds for the application. 
• Section 20. Return.  (part 1)

  Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt thereof, the sheri or process server, or person authorized by the court, shall complete its service. Within ve (5) calendar days from service of summons, the server shall le with the court and serve a copy of the return to the plainti’s counsel, personally, by registered mail, or by electronic means authorized by the Rules.
• Section 20. Return.  (part 2)

  Should substituted service have been eected, the return shall state the following:

  (1)  The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and receipt ofsummons;

  (2)  The date and time of the three (3) attempts on at least (2) two dierent dates to cause personal service and the details ofthe inquiries made to locate the defendant residing thereat; and
• Section 20. Return.  (part 3)

  (3)  The name of the person at least eighteen (18) years of age and of sucient discretion residing thereat, name ofcompetent person in charge of the defendant’s oce or regular place of business, or name of the ocer of the homeowners’ association or condominium corporation or its chief security ocer in charge of the community or building where the defendant may be found.
• Section 21. Proof of service.

  The proof of service of a 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 sheri or his or her deputy.

  If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as served, and the adavit of the person mailing, shall constitute as proof of service.
• Section 22. Proof of service by publication.

  If the service has been made by publication, service may be proved by the adavit of the publisher, editor, business or advertising manager, to which adavit a copy of the publication shall be attached and by an adavit showing the deposit of a copy of the summons and order for publication in the post oce, postage prepaid, directed to the defendant by registered mail to his or her last known address. 
• Section 23. Voluntary appearance

  The defendant's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall be deemed a voluntary appearance