GROUP 4

1. Complaint:
2. Answer:
3. Reply:
4. Summons v Subpoena:
5. Modes of Service:
6. Service upon Foreign Private Judicial Entity:

Cause of action is defined as the act or omission by

Complaint
WHAT IS PLEADING
 As defined by the Rules of Court (Rule 6) ,
pleadings are the written statements of the
respective claims and defenses of the parties
submitted to the court for appropriate judgment.
 The purpose of a pleading is to inform the court
and the parties of the facts in issue or to notify
the opposite party of the facts which the pleader
expects to prove, so that he may not be misled in
the preparation of his case.
 The claims of the party are asserted in the
following pleadings: complaint, counterclaim,
cross-claim, third (fourth, etc.)-party complaint,
or complaint-in-intervention.
WHAT IS COMPLAINT
 It is defined as the pleading alleging the
plaintiff’s cause or causes of action. The
names and residences of the plaintiff and
defendant must be stated in the complaint.
which a party violates a right of another
 The Rules provide that the ultimate facts or
the essential facts constituting the plaintiff’s
cause of action be alleged in the complaint.
Ultimate facts are facts that are so essential that they
cannot be stricken out without leaving the statement of
the cause of action inadequate.
 The complaint together with the payment of the
prescribed docket fees commences a civil action.
 BY THE FILING OF THE COMPLAINT THE
COURT ACQUIRES JURISDICTION OVER THE
PERSON OF THE PLAINTIFF.
ELEMENTS OF CAUSE OF ACTION
 A legal right in favor of the plaintiff;
 A correlative legal duty of the defendant to
respect such rights; and
 An act or omission by such defendant in
violation of the right of the plaintiff with a
resulting injury or damage to the plaintiff for
which the latter may maintain an action for the
recovery of the relief from the defendant

PARTS OF A PLEADING/COMPLAINT RULE 7 OF THE RULES OF COURT

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Makati City
Branch No. 148

AHA Fruits Company, Civil Case No. 923-M-90

Plaintiff, Collection for Sum of Money
versus

General Food Products Distribution Co.,

Defendant.
x--------------------------------------------------x

COMPLAINT

Plaintiffs, through counsel, unto this Honorable Court, respectfully aver that
1. Plaintiff is a local company engaged in exporting fruits grown in the Philippines such as
mangoes bananas and pineapples to countries in Southeast Asia, with an office address in 20 th
Floor Marco Polo Building, Ayala Avenue, Makati City;
2. Defendant is a foreign company engaged in the distribution of food products such as fruits and
vegetables in Singapore with an office address at ABS Street, Singapore, defendant is
transacting business in the Philippines, through Kap Uy its resident agent with office address at
6th Floor, Magellan Building, Ayala Avenue, Makati City, summons and legal processes may be
served through Ms. Uy.
3. On February 15, 2019, plaintiff entered into a contract with defendant for the distribution of
mangoes in Singapore with the contract amount of seven hundred fifty thousand pesos (PHP
750,000) to be delivered on February 28, 2019 and payment to be paid on April 30, 2019 if not
paid on said date, the defendant has 15 days grace period, contract is attached as “ANNEX A”;
1
4. On February 28, 2019 the mangoes were delivered to the distribution facility of the defendant in
Singapore; attached is the delivery receipt as “ANNEX B”;
5. On April 30, 2019 plaintiff did not receive payment from the defendant.
6. After the grace period, plaintiff still did not receive payment for the contract.
7. On May 30, 2019 plaintiff sent a demand letter for the payment of the contract amount
immediately on or before June 13, 2019 or face legal action, the demand letter was sent through
Kap Uy, demand letter is attached as “ANNEX C “
8. On June 13, 2019, the contract amount remained unpaid.

PRAYER

WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor
of the plaintiffs;
1. That the defendant be ordered to pay the contract amount of seven hundred fifty thousand
pesos including interest,
Plaintiff prays for such other reliefs just and equitable.
Makati, June 18, 2019
Apolinario Mabini
Roll No. 56789
PTR No.1234567; 01-30-19, City of Makati
IBP No. 789654; 01-30-19
MCLE No. VI-0098765; February 28, 2019
124 Antonio Luna St., Brgy. Urdaneta, Makati City
0917 123 456

REPUBLIC OF THE PHILIPPINES)

City of Makati ) S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Jose Manuel Rizal, Filipino, of legal age, married and residing at 123 Juan Luna St.,
Brgy. San Lorenzo Makati City is authorized by the plaintiff corporation in filling the complaint,
attached is the board resolution as “ANNEX D”, after having been sworn in accordance with
law, depose and state that:

1. I am the plaintiff in the above-entitled case and have caused the preparation of the foregoing
complaint;
2. I have read and understood the allegations therein and the same are true and correct of my own
personal knowledge and/or based on authentic records;
3. I attest to the authenticity of the annexes hereof;
4. I have not commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency, and to the best of my knowledge, no such other action or
claim is pending therein;
5. If there is such other pending action or claim, I will furnish this Honorable Court with a
complete statement of the present status thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report the fact within five (5) days therefrom to this Honorable Court wherein my aforesaid
complaint has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of June 2019, Makati
City, Philippines.

Jose Manuel Rizal

Affiant

SUBSCRIBED and sworn to me before this 18th day of June 2019 in Makati City affiant after
exhibiting to me his Philippine passport, as competent evidence of his identity.

Macario Sakay
125 Gregorio Del Pilar St., Brgy. San Lorenzo, Makati City
0999 900 567
Roll No. 09876
PTR No.7654321; 01-30-19, City of Makati City
IBP No. 098765; 01-30-19 2
MCLE No. VI-5643786; February 28, 2019
Compliance expires on December 31, 2019
 Doc No. 10
Page No. 2
Book No. 5
Series of 2019

AMENDMENT OF PLEADINGS

 Pleadings may be amended

adding or striking out an allegation or the name of any party
by correcting a mistake in the name of a party or
by correcting a mistaken or inadequate allegation ir description in any other aspect

 Amendments may be made as a (1) matter of right or (2) by leave of court

 Formal amendments such as the correction of the designation of the parties and other clearly clerical or
typographical errors may be summarily corrected by the courty at any stage of the action, at its initiative or on
motion, provided no prejudice is caused thereby to the adverse party
 Amendments to conform to or authorize presentation of evidence are also allowed upon motion of any party
 Supplemental pleadings may be served upon motion of a party, a supplemental pleading sets forth transacations,
occurences or events which have happened since the date of the pleading sought to be supplemented
EFFECTS
 When amending a pleading, a new copy of the entire pleading incorporating the amendments, which shall be
indicated by appropriate marks, shall be filed
 The amended pleading superseded the pleading that it amends

_______________________________________________________________________________________________________________________
ANSWER
 A pleading in which a defending party sets forth
his defenses.
Two Kinds of Defenses:
1. Negative Defense (Rule 6 Sec. 5a) - Specific
denial of the material fact alleged in the pleading
of the claimant essential to his cause of action.
2. Affirmative Defense (Rule 6 Sec. 5b) - Allegation
of a new matter which, while hypothetically
admitting the material allegations in the pleading
of the claimant, would nevertheless prevent or
bar recovery by him.
WHAT MAY BE ALLEGED IN THE PLEADING:
1. Alternative Causes of Action or Defense - A authority of a party to sue or be sued in a
party may set forth two or more statements of a
claim or defense alternatively or hypothetically,
either in one cause of action or defense or in
separate causes of action or defenses. When two
or more statements are made in the alternative
and one of them if made independently would be
sufficient, the pleading is not made insufficient
by the insufficiency of one or more of the
alternative statements. (RULE 8, SEC.2)
2. Conditions Precedent- In any pleading a
general averment of the performance or
occurrence of all conditions precedent shall be
sufficient. (RULE 8, SEC. 3)
A condition precedent is not jurisdictional. It may be
waived. Thus, when the defendant did not move for
dismissal of the case for failure to comply with the
conciliation requirement, he is deemed to have
waived the same.
EXAMPLES
• Barangay conciliation
• Action against members of the
same family
• Collection cases
• Unlawful detainer
• Exhaustion of administrative
remedies
• Consent of the government if the
latter will be sued.
3. Capacity to Sue or be Sued- Facts showing the
capacity of a party to sue or be sued or the
representative capacity or the legal existence of
an organized association of person that is made
a party, must be averred. A party desiring to
raise an issue as to the legal existence of any
party or the capacity of any party to sue or be
sued in a representative capacity, shall do so by
specific denial, which shall include such
supporting particulars as are peculiarly within
the pleader's knowledge. (RULE 8, SEC. 4)
4. Fraud, Mistake, Condition of Mind- In all
averments of fraud or mistake the
circumstances constituting fraud or mistake
must be stated with particularity. Malice,
intent, knowledge, or other condition of the mind
of a person may be averred generally. (RULE 8,
SEC. 5)

SAMPLE FORM

3
 REPUBLIC OF THE PHILIPPINES
NATIONAL JUDICIAL CAPITAL REGION
REGIONAL TRIAL COURT
Makati City
Branch No. 148

AHA Fruits Company Civil Case No. 923-M-90

Plaintiffs Collection for Sum of Money
versus

General Food Products Distribution Co.

Defendant
x--------------------------------------------------x

ANSWER

DEFENDANT, through undersigned counsel, before this Honorable Court most respectfully
states that:

1. Defendant admits the averments in Paragraphs one (1) and two (2) of the Complaint;

2. Defendant specifically denies the allegation in Paragraph three (3) of the Complaint, the truth,
that the plaintiff never executed a contract on the amount of Seven Hundred Fifty Thousand
Pesos (PHP750,000.00) and that defendant’s signature was forged;

3. Defendant denies the averment in Paragraph four (4) of the Complaint as to the receipt of the
genuineness and due execution of the delivery receipt is concerned;

4. Defendant has no knowledge or information to form a belief as to the truth of the averment in
Paragraph five (5) of the Complaint;

5. Defendant specifically denies under oath the allegation in Paragraphs six (6) and seven (7) of the
Complaint, the truth being that the signature was forged and that they did not in fact signed the
said contract and there was no notice received by the defendant thereof, as evidenced by the
records of the defendant as Annex “A”;

6. Defendant has no knowledge or information to form a belief as to the truth of the averment in
Paragraph eight (8) of the Complaint;

AFFIRMATIVE DEFENSES
Having answered the Complaint, the Defendant, GENERAL FOOD PRODUCTS DISTRIBUTION
CO., asserts the following enumerated Affirmative Defenses:

1. Signature of the Defendant was forged and that they did not in fact signed the alleged contract.
2. All statements and comments made by the Defendant about the Plaintiff were made by the
Defendant with good motive and fair intention;
3. Plaintiff has failed to set forth ultimate facts due to inconsistency of the statements as to the
alleged transactions executed between the parties;
4. No act or omission on the part of the Defendant either caused or contributed to whatever injury,
if any, to the Plaintiff may have sustained.

PRAYER/COUNTERCLAIM
Defendant, GENERAL FOOD PRODUCTS DISTRIBUTION CO. alleges:
That by virtue of this unwarranted and malicious act initiated by the Plaintiff, Defendant was
forced to engaged counsel in the sum of Two Hundred Thousand Pesos (P200,000.00).
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be
answered the amount of Five Hundred Thousand Pesos (P500,000.00).

Other just and equitable reliefs are likewise prayed for.

Makati, June 28, 2019

4
 Atty. ROMINA MONDRAGON
456 J.P Rizal Avenue, Makati City
IBP No. 98765, Makati 1-23456
Attorney’s Roll No. 123456
PTR No.453267; 06-28-19, City of Makati
MCLE Compliance No. 111222333, 03-03-93
MCLE No. VI-001268; June 28, 2019
rominamondragon@gmail.com
0912 3456 789
Copy furnished through registered mail:

Atty. Apolinario Mabini

Counsel for the plaintiff
124 Antonio Luna St.,
Brgy. Urdaneta, Makati City
Registry Receipt No. 123
Post Office
June 5, 2019

EXPLANATION

The foregoing pleading and its attachment were served on Atty. Apolinario Mabini by
registered mail instead of personal service as counsel for petitioner only has one messenger and
personal service would have resulted in the motion not being filed on time to the detriment of
petitioner.

(Sgd.) ATTY. ROMINA MONDRAGON

Republic of the Philippines )

City of ) s.s.

AFFIDAVIT OF SERVICE BY MAIL

I, Sana Minatozaki, a messenger of Atty. Romina Mondragon, with office address at 456 J.P
Rizal Avenue, Makati City, after being duly sworn, deposes and states:
That on July 2, 2019, I served a copy of the following pleadings/papers by registered mail in
accordance with Section 10, Rule 13 of the Rules of Court:

Answer

in Civil Case No. 923-M-90 entitled “AHA Fruits Company v. General Food Products distribution
Co.” by depositing a copy in the post office in a sealed envelope, plainly addressed to Atty.
Apolinario Mabini at 124 Antonio Luna St., Brgy. Urdaneta, Makati City with postage fully paid,
as evidenced by Registry Receipt No. 123 attached and with instructions to the post master to
return the main to sender after ten (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on the 5th of June, 2019 in
the City of Makati, Philippines.

(Sgd.) ROGELIO DELA CRUZ

Affiant

SUBSCRIBED and sworn to me before this 20th day of June 2019 in Makati City affiant after
exhibiting to me his Philippine passport, as competent evidence of his identity.

Atty. DELFIN DIMASALANG

123 Pio Del Pilar St., Brgy. San Isidro, Makati City
IBP No. 12345, Makati 1-98765
Attorney’s Roll No. 67890
PTR No.3456; 06-28-19, City of Makati
MCLE Compliance No. 999888777, 03-03-98
MCLE No. VI-001268; June 28, 2019
delfindimasalang@gmail.com
0912 3456 789

5
 Doc No. 20
Page No. 5
Book No. 2
Series of 2019

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Rogelio Dela Cruz, Filipino, of legal age, married and residing at 456 Malugay St., Brgy. San
Isidro, Makati City is authorized by the Defendant corporation in filling the Answer, attached is
the board resolution as “ANNEX B”, after having been sworn in accordance with law, depose and
state that:

1. I am the Defendant in the above-entitled case and have caused the preparation of the foregoing
Answer;

2. I have read and understood the allegations therein and the same are true and correct of my own
personal knowledge and/or based on authentic records;

3. I attest to the authenticity of the annexes hereof;

4. I have not commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency, and to the best of my knowledge, no such other action or
claim is pending therein;

5. If there is such other pending action or claim, I will furnish this Honorable Court with a
complete statement of the present status thereof; and

6. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report the fact within five (5) days therefrom to this Honorable Court wherein my aforesaid
complaint has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 18 th day of June 2019, Makati City,
Philippines.

ROGELIO DELA CRUZ

Affiant

SUBSCRIBED and sworn to me before this 20th day of June 2019 in Makati City affiant after
exhibiting to me his Philippine passport, as competent evidence of his identity.

Atty. DELFIN DIMASALANG

123 Pio Del Pilar St., Brgy. San Isidro, Makati City
IBP No. 12345, Makati 1-98765
Attorney’s Roll No. 67890
PTR No.3456; 06-28-19, City of Makati
MCLE Compliance No. 999888777, 03-03-98
MCLE No. VI-001268; June 28, 2019
delfindimasalang@gmail.com
0912 3456 789

Doc No. 20
Page No. 5
Book No. 2
Series of 2019

_______________________________________________________________________________________________________________________

6
REPLY
RULE 6
Section 10. Reply. — A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance
of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party
does not file such reply, all the new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an
amended or supplemental complaint
Q. HOW DO YOU CLASSIFY A REPLY?
A. It is a responsive pleading because it is the response of the plaintiff to the affirmative defense raised in the defendant’s
answer
Q. If you like to answer to a reply, what pleading would you file?
A. None. That is the last pleading. A reply is considered as the last pleading.
Q. What is the effect if the plaintiff fails to reply?
A. As a general rule, the failure to file a reply has no effect. Sec. 10 says that if a party does not file such reply, all the new
matters alleged in the answer are deemed controverted.

 A reply should not be confused with the answer to a counterclaimed which is also filed by the plaintiff.

Q. Give the distinction between ANSWER TO COUNTERCLAIM AND REPLY

A. 1.) A Reply is a response to the defense interposed by the defendant in his answer, whereas an Answer to a
Counterclaim is a response to a cause of action by the defendant against the plaintiff.
2.) The filing of a Reply is generally optional, whereas the filing of an Answer to a Counterclaim is generally mandatory
under Rule 11 because if the plaintiff fails to file an answer to the counterclaim, he will be declared in default on the
counterclaim.

SAMPLE FORM
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Makati City
Branch No. 148
AHA Fruits Company, ------------------------x
Plaintiff
-versus-
Money
General Food
Products Distribution Co.,
Civil Case No. 923-M-90 For:
Defendant. Collection for Sum of
x------------------------------------

REPLY
PLAINTIFF, by undersigned Counsel, unto this Honorable Court, most respectfully submits by
way of a REPLY to new matters alleged in Defendant’s Answer, hereby state THAT:

1. The allegation in paragraph two (2) of the defendant’s Answer is specifically denied
the truth being that the attached contract as Annex A of the complaint which was executed
between the plaintiff represented by its President Manuel Rizal and the defendant’s agent Pilar
Santos of Mabini and Jacinto Law office who presented a Special Power of Attorney that clearly
stated in the above mentioned contract allowing Ms. Santos to transact that particular contract
on behalf of the defendant; 


2. The allegation also in paragraph two (2) that its signature was forged is specifically
denied the truth being that Andres Luna who witnessed the signing of the contract between
plaintiff and defendant’s agent in his presence as clearly stated in attached Annex A; 


3. The defendant’s counterclaim is specifically denied, the truth being that the present
action is well-founded in fact and in law, filed in good faith to protect and vindicate the rights of
the Plaintiff violated by the Defendant; therefore, there is no basis whatsoever for the Defendant
to recover any attorney’s fees nor expenses of litigation from the Plaintiff. 


PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court

that judgment be rendered in its favor by granting the petition in the complaint and the
counterclaim of the Defendant be dismissed.
7
 Plaintiffs pray for such other reliefs just and equitable.
Makati, July 1, 2019

Apolinario Mabini

Roll No. 56789
PTR No.1234567; 01-30-19, City of Makati
IBP No. 789654; 01-30-19

MCLE No. VI-0098765; February 28, 2019 124
Antonio Luna St., Brgy. Urdaneta, Makati City 0917
123 456

Copy furnished through registered mail:

Atty. Romina Mondragon


Counsel for the Defendant

456 J.P. Rizal Avenue, Makati City
Registry Receipt No. 1234
Makati Post Office

Date: July 3, 2019
EXPLANATION


(Pursuant to Section 11, Rule 13 of the Rules of Court)

A copy of the foregoing Reply was served on defendant’s counsel by registered mail due to time
constraints and lack of messenger to effect personal service. ‘’

_______________________________________________________________________________________________________________________
SUMMONS v SUBPOENA

SUMMONS

■ Under What Rule?

Rules on Summons can be found under Rule 14 of Rules of Court.
WHEN? WHO ISSUES? TO WHOM?
■ Section 1. Clerk to issue summons. — Upon the (1)filing of the complaint and (2) the payment of
the requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to
the defendants.
■ CONTENTS:
 Section 2. Contents. — 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; (b) a
direction that the defendant answer within the time fixed by these Rules; (c) a notice that unless the
defendant so answers plaintiff will take judgment by default and may be granted the relief applied
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.

SUBPOENA

 Under What Rule?

Rules on Subpoena can be found under Rule 21 of Rules of Court.
Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or
the trial of an action, or at any investigation conducted by competent authority, or for the taking of
his deposition. It may also require him to bring with him any books, documents, or other things
under his control, in which case it is called a subpoena duces tecum.
WHO ISSUES?

 Section 2. By whom issued. — The subpoena may be issued by —

(a) the court before whom the witness is required to attend;
(b) the court of the place where the deposition is to be taken;
(c) the officer or body authorized by law to do so in connection with investigations conducted
by said officer or body; or
(d) any Justice of the Supreme Court or of the Court of Appeals in any case or investigation
pending within the Philippines.
8
  When application for a subpoena to a prisoner is made, the judge or officer shall examine and
study carefully such application to determine whether the same is made for a valid purpose.

 No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in
any penal institution shall be brought outside the said penal institution for appearance or
attendance in any court unless authorized by the Supreme Court

CONTENTS

Section 3. Form and contents. — A subpoena shall state the name of the court and the title of
the action or investigation, shall be directed to the person whose attendance is required, and in
the case of a subpoena duces tecum, it shall also contain a reasonable description of the books,
documents or things demanded which must appear to the court prima facie relevant.

SUMMONS SUBPOENA
Summons is an order or mainly an official
notice of a lawsuit. A particular person is SUBPOENA is a writ or a court order, which orders a person to
informed through service of summons that appear in the court on a specific day.
he/she has been sued.
SUMMONS is an official notice of a lawsuit. A SUBPOENA is a court order or a writ sent to a person, ordering
person or a company is notified through service him/her to go to a deposition, give evidence or documents relating
of summons, via personal service or registered to a case to the plaintiff. In other words, a subpoena may be sent to
mail. If there is no summons duly served, then the particular person when his/her deposition or evidence from
there shall be no action against the defendant. him/her is needed.
Unlike with subpoena, a person may ignore the If you receive a subpoena, you must submit the required
summons and stay without appearing in the information or appear when required. In most cases, you will have
courts on a particular day. However, if a person to give a deposition (similar to testifying in court).
pays no attention to the summons, he/she may
likely lose the case and may have to accept the If you don't respond to a subpoena, you can be cited for contempt
final decision given by the court, whether of court for your failure to appear
favorable or not.
The name of the type of court issuing the
summons. It's important to note the court that The court or government entity requesting your presence.
has jurisdiction
The name of the party receiving the summons.
It might be you as an officer of the company, or
it might be to the "agent authorized to receive The matter - a lawsuit or an investigation.
service" (that's the registered agent you listed
on your business registration).
The number assigned to the case by the court The place, date, and time for your appearance.
The names of the plaintiff (person filing suit) A statement of the penalty for not showing up and complying with
and defendant the provisions of the subpoena.
What the case is about
Information for the defendant on when the
summons must be responded to
How the person who receives the summons
must respond

SAMPLE FORM- SUMMONS

REPUBLIC OF THE PHILIPPINES
NAYIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Makati City
Branch No. 148

AHA Fruits Company Plaintiff -------------x

versu
General Food Products
Distribution Co. Defendant
x------------------------------------- Civil Case No. 923-M-90
For:
9
 Collection for Sum of Money

SUMMONS
TO: General Food Products Distribution Co.
th
Represented by Ms. Kap Uy
6 Floor Magellan Building, Ayala Avenue, Makati

GREETINGS:

You are hereby required, within fifteen (15) days from receipt of this summons, to file with this
Court and serve on Plaintiff, your verified Response to the attached Statement of claim. The form
of the required Response is attached hereto.

You are required to submit with your Response certified copies of documents as well as
affidavits of any witness to stand as your evidence in this case. You must present the original
document/s on the day of hearing.
1
A motion to dismiss is prohibited and shall not be entertained. Any ground for dismissal should
be included in your Response.

Your failure to respond within the 15-day period AND TO APPEAR AT THE HEARING OF THIS
CASE will authorize the Court to render judgment.

Witness my hand the seal of this Court, this _______ day of _______, 2019, at
________________________________________________, Philippines.
BRANCH CLERK OF COURT

NOTE: FOR INQUIRIES, CALL TEL. #__________

SAMPLE FORM- SUBPOENA

REPUBLIC OF THE PHILIPPINES

NAYIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Makati City
Branch No. 148

AHA Fruits Company Plaintiff

versu
General Food Products
Distribution Co. Defendant Civil Case No. 923-M-90
For:
x--------------------------------x Collection for Sum of Money

SUBPOENA
TO: Antonio Luna

8th Floor Lapu Lapu Building, Ayala Avenue, Makati

You are hereby commanded to appear before the Regional Trial Court of Makati City, on the ____
day of __________, 2019, at _____ o’clock A.M., then and there to testify in the action of AHA
Fruits Company against General Food Products Distribution Co. under Civil Case No. 923-M-90.

Witness the Honorable _______________ judge of said court, this

_ ___ day of _________ 2019.

BRANCH CLERK OF COURT

_______________________________________________________________________________________________________________________

10
 MODES OF SERVICE
◦ Personal service
◦ Service by registered mail
◦ Substituted service
◦ (Sec. 6/7/8, Rule 13)

PERSONAL SERVICE

Personal service is done by:

Delivering personally a copy to the party or his counsel;
Leaving a copy in counsel’s office with his clerk or with a person having charge thereof; or
Leaving the copy between 8 a.m. and 6 p.m. at the party’s or counsel’s residence, if known, with a person of
sufficient age and discretion residing therein if no person found in his office, or if his office is unknown, or if
he has no office (Sec. 6, Rule 13)
SERVICE BY MAIL
◦ Service by mail is done by:
◦ By depositing the copy in the post office in a sealed envelope, plainly addressed to the party or his
counsel at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and
with instructions to the postmaster to return the mail to the sender after 10 days if undelivered; or
◦ Ordinary mail, if no registry service is available in the locality of either the sender or the addressee
(Sec. 7, Rule 13)
◦ NOTE: Service and filing by mail may be done only when personal service and filing is not practicable.
◦

SUBSTITUTED SERVICE
◦ If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made
through personal service or by mail, the office and place of residence of the party or his counsel being
unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of
both personal service and service by mail (Sec. 8, Rule 13)
ACTUAL KNOWLEDGE OF THE JUDGMENT IS NOT EQUIVALENT TO SERVICE.
◦ The mere fact that a party either ◦ A party is not considered as having
was informed of, or gained access to been served with the judgment
the records of the court and was merely because he heard the judge
thus able to take a look at the dictating the said judgment in open
decision, does not constitute service court; it is necessary that he be
under rule 13. served with a copy of the signed
‘ judgment that has been filed with
the clerk of court. (FERIA, p.426)

Judgments, service of judgments, final orders or resolutions is done by:

1. Personal service;
2. Registered mail; or
3. Publication, if party is summoned by publication and has failed to appear in the action (Sec.
9, Rule 13)
 SERVICE OF JUDGMENTS, FINAL ORDERS, OR RESOLUTIONS- SUBSITUTED SERVICE
IS NOT ALLOWED

◦ A judgment or final order served by ordinary mail does not become executory since the service is
fatally defective. (Vda. De Espiritu v. CFI of Cavite)
◦ Where a copy of the decision is served on a person who was neither a clerk nor one in charge of the
attorney’s office, such service is invalid and the decision did not become executory. (Aujero v. PCSC)
◦ In the absence of a proper and adequate notice to the court of a change of address, the service of the
order or resolution of a court upon the parties must be made at the last address of counsel or record.
(Garrucho v. CA)
PRIORITIES IN MODE OF SERVICE OR FILING
◦ GR: Whenever practicable, the service and filing shall be done personally.
◦ XPN: With respect to papers emanating from the court, a resort to other modes must be accompanied
by a written explanation why the service or filing was not done personally (Sec. 11, Rule 13).
◦ NOTE: The explanation must be satisfactory and acceptable to the court. Otherwise, the court has
the discretion to consider the pleading as not having been filed (Solar Team Enterprises, Inc. v. Judge
Ricafort, G.R. No. 132007 August 5, 1998).
◦ When recourse is made to the other modes, a written explanation why service of filing was not done
personally becomes indispensable. If no explanation is offered to justify resorting to the other modes,
the discretionary power of the court to expunge the pleading comes into play.

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 ◦ EXEMPT for this explanation are the service of papers emanating from the court.
◦ Lack of manpower to effect personal service is acceptable for it satisfactorily shows why personal
service was not practicable. (Marinduque Mining v. CA)
WHEN SERVICE IS DEEMED COMPLETE
◦ 1. Personal service – upon actual delivery;
◦ 2. Service by ordinary mail – upon expiration of 10 days after mailing, unless the court otherwise
provides;
◦ 3. Service by registered mail – upon actual receipt by the addressee, or 5 days from the date he
received the first notice of the postmaster, whichever date is earlier
◦ . Substituted service – at the time of such delivery (Sec. 8, Rule 13).
◦ The Rule on completeness of service by registered mail only provides for a disputable presumption.
The burden is on the petitioner to show that the postmaster’s notice never reached him and that he
did not acquire knowledge of the judgment. (Quelnan v. VHF Philippines)
◦ Service of judgment on security guard of building where counsel’s office is located is valid and
binding. (Mendoza v. CA)
◦ Service of notice of pre-trial on OSG is binding even if no notice was sent to the deputized counsel.
(Republic v. Viaje)
◦ Service of resolution denying MR upon collaborating counsel already binds the client. (Philippine
Asset Growth v. Fastech PHL)
PROOF OF FILING AND SERVICE
◦ GR: Filing is proven by its existence in the record of the case.
XPN: If it is not in the record, and:
1. If filed personally – proved by the written or stamped acknowledgement of its filing by the
clerk of court on a copy of the same; or
XPN: If it is not in the record, and:
◦ 2. If filed by registered mail – proved by the registry receipt and the affidavit of the person
who did the mailing with a full statement of:
◦ a. The date and place of depositing the mail in the post office in a sealed envelope
addressed to the court;
◦ b. With postage fully paid; and
◦ c. With instructions to the postmaster to return the mail to the sender after 10 days if
undelivered (Sec. 12, Rule 13)
PROOF OF PERSONAL SERVICE
◦ a. Written Admission of the party served;
◦ b. Official return of the server; or
◦ c. Affidavit of the party serving, containing the date, place and manner of service (Sec. 13, Rule 13)
PROOF OF SERVICE BY ORDINARY MAIL
◦ a. Affidavit of mailer showing compliance of Sec. 7, Rule 13; and
◦ b. Registry receipt issued by the mailing officer (Sec. 13, Rule 13)
PROOF OF SERVICE BY REGISTERED MAIL
◦ a. Affidavit; and
◦ b. Registry receipt issued by the mailing office (Sec. 13, Rule 13)
◦ NOTE The registry return card shall be filed immediately upon its receipt
by the sender, or in lieu thereof the unclaimed letter together with
the certified or sworn copy of the notice given by the postmaster to
the addressee (Sec. 13, Rule 13)
NOTICE OF LIS PENDENS
◦ Latin – pending suit of pending litigation
◦ It is an announcement to the whole world that a particular real property is in litigation, serving as a
warning that the who acquires an interest over the said property does so at his own risk, or that he
gambles on the result of the litigation over the said property. (AFP Mutual Benefit v. CA)
WHO MAY FILE?
PLAINTIFF – at the time of the filing of the complaint.
DEFENDANT – at the time of the filing of his answer (when affirmative relief is claimed in such answer)
OR at any time afterwards. (Villanueva v. CA)
◦ No action to recover possession of real estate, or to quiet title thereto, or to remove clouds upon the
title thereof, or for partition, or other proceedings of any kind in court directly affecting the title to
land or the use or occupation thereof or the buildings thereon, and no judgment, and no proceeding
to vacate or reverse any judgment, shall have any effect upon registered land as against persons
other than the parties thereto, unless a memorandum or notice stating the institution of such action
or proceeding and the court wherein the same is pending, as well as the date of the institution
thereof, together with a reference to the number of the certificate of title, and an adequate description
of the land affected and the registered owner thereof, shall have been filed and registered. (PD 1529,
Sec 76)
◦ Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the property
affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its

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 pendency against the parties designated by their real names (Sec.14, Rule 13)
WHEN IS LIS PENDENS PROPER?
◦ Action to recover possession of real estate
◦ Action to quiet title thereto
◦ Action to remove clouds thereon
◦ Action for partition
◦ Any other proceedings of any kind in Court directly affecting the title to the land or the use or
occupation thereof or the buildings thereon.
LIS PENDENS HAS NO APPLICATION IN SUCH CASES:
◦ Preliminary attachment
◦ Proceedings in the probate of wills
◦ Levies on execution
◦ Proceedings for administration of estate or deceased persons
◦ Proceedings in which the only object is the recovery of a money judgment. (Heirs of Lopez v.
Enruiquez)
◦
◦ Even if a party initially avails of a notice of lis pendens upon the filing of a case in court, such notice
is rendered nugatory if the case turns out to be a purely personal action. In such event, the notice of
lis pendens becomes functus officio.
◦ Only from the times of filing such notice for record shall a purchaser, or encumbrancer of the
property affected thereby, be deemed to have constructive notice of the pendency of the action, and
only if its pendency against the parties designated by their real names.
CANCELLATION OF NOTICE OF LIS PENDENS-
◦ It cannot be ordered cancelled on an ex parte motion, much less without any motion at all.
◦ It cannot be cancelled upon the mere filing of a bond by a party on whose title the notice is
annotated.

◦ It must show that

The purpose of the action is for molesting the adverse party, or
It is not necessary to protect the rights of the party who caused it to be annotated.
◦ It may also be cancelled by the Registry of Deeds upon verified petition of the party who caused the
registration thereof. (Sec 77, PD 1529)
◦ Filing for cancellation of the notice of the lis pendens should be done during the pendency of the case
and not when such is already final and executory.

_______________________________________________________________________________________________________________________

SERVICE UPON

FOREIGN PRIVATE JURIDICAL ENTITY

Is an entity formed, organized, or existing under any laws other than those of the Philippines and whose laws
allow Filipino citizens and corporations to conduct business in its country or state of origin.

FOREIGN PRIVATE CORPORATION, RIGHT TO BE SUED IN THE PHILIPPINES:

[1] If it is transacting or doing business in the Philippines with a license;
[2] If it is transacting or doing business in the Philippines without a license;
Note: Not transacting or doing business in the Philippines and does not have any license to so transact or do
business in the Philippines, it cannot be sued in the Philippines for lack of jurisdiction.
REMEMBER!!
• The defendant is a foreign private juridical entity which has transacted business in the Philippines.
• Shall be deemed “doing business” in the Philippines.
• The presence of “minimum contacts,” often exhibited through defendant’s doing or transacting
business in the forum state, is a requirement of due process
Note: Transaction must be established. No transaction, no jurisdiction.

THE FOLLOWING SHALL BE DEEMED “DOING BUSINESS” IN THE PHILIPPINES:

[1] By establishing a domestic branch office or operation;
[2] By establishing a Philippine representative office;
[3] By operating through a business association in the Philippines;
[4] By operating through a local subsidiary which may be owned entirely or partially by the foreign business
entity;
[5] By establishing joint venture arrangement with a local corporation or business organization;
[6] By establishing an affiliate in the Philippines.

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NOTE: The totality of all claims embodied in one complaint shall be the test in determining
jurisdiction whether the claims arise out of the same or different transactions, or whether the claims
arise out of the same or different transaction, or whether they belong to the same or different persons
(BP Blg 129, Sec.33).

To whom service can be made?

1. Resident agent designated by law;
2. If there be no such agent, on the government official designated by law to that effect;
3. Or on any of its officers or agents within the Philippines.
Who is a “Resident Agent”?

A resident agent may be either and individual residing in the Philippines or a domestic corporation lawfully
transacting business in the Philippines. Provided, that in case of individual he must be of good moral
character and of sound financial standing (Sec. 127 of the Corporation Code).

The term “resident agent”, as used in this title is one duly approved by a foreign insurer or broker not
authorized to do business in the Philippines to receive on its behalf notices, summons and legal processes in
connection with actions or other legal proceedings against such foreign insurer or broker (Sec. 134, Title 3 of
The Insurance Code of the Philippines).
REMEMBER!!

When a foreign corporation has designated a person to receive service of summons pursuant to the
Corporation Code, that designation is exclusive and service of summons on any other person is inefficacious.
(H.B. Zachry Company International vs. Court of Appeals, G.R. No. 106989, May 10, 1994)

HOW SERVED?

If the foreign private juridical entity is not registered in the Philippines or has no resident agent, service may,
with leave of court, be effected out 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 Affairs;
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
addressof the defendant;
c) By facsimile or any recognized electronic means that could generate proof of service; or
d) By such other means as the court may in its discretion direct.

Service of Legal Process (Summons, Court Orders, Depositions etc.) from the Philippines
• ONLY DOCUMENTS SENT BY THE PHILIPPINES’ DEPARTMENT OF FOREIGN AFFAIRS WILL BE
PROCESSED BY THE CONSULATE.
• DO NOT DIRECTLY MAIL THE CONSULATE THE COURT ORDER AND DOCUMENTS.

For Orders Issued by a Philippine Court to serve an order, summons or legal documents within
this Consulate’s jurisdiction:

Before the Department of Foreign Affairs (DFA) sends to this Consulate the document/s to be served, DFA
must receive the following:
1. Court approved motion directing the Department of Foreign Affairs, through its Office of Legal Affairs, and
the Consulate to serve the Court’s order to the party whose address (the more precise, the better) is within
this Consulate jurisdiction; and
2. Court certified copy of the document to be served.
• Once received by the Consulate from DFA, the Consulate will mail the legal document/s to the
address provided by the Court.
Additional Requirements for Extraterritorial Service of Documents in Japan and Singapore:
Japan
• Submission of a duly accomplished request form (available at DFA-OLA)
•
• Japanese translation, per page basis of all the documents (incl. annexes)
• Amount equivalent to US$ 18.75 :
Singapore:
Order 65 Rule 2 of the Rules of Court of Singapore additionally requires the following:
• Letter of the Philippine Court addressed to the Minister of Law of Singapore requesting for assistance

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 in the service of court processes upon persons or entities in Singapore; and
• An original and photocopy of the documents to be served.

• This will be allowed only if there are well-pleaded allegations of having transacted or doing business
in the Philippines.

•
The fact of doing business in the Philippines must be established by appropriate allegations in the
complaint. The court need not go beyond the allegations of the complaint in order to determine
whether it has jurisdiction

15