LEVEL FIVE: SUMMONS

A.
1. What is a summons?
Summons is the writ by which the defendant is notified of the action
brought against him or her. (Nation Petroleum Gas, Incorporated v.
Rizal Commercial Banking Corporation, G.R. No. 183370, August 17,
205)
2. What are the contents of a summons?
1. The summons shall contain the following matters:
(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
the Rules; and
(c) a notice that, unless the defendant so answers, the plaintiff will
take judgment by default and may be granted the relief prayed for.
(Section 2, Rule 14, Rules of Court)
3. What is the two-fold purpose of a summons?
1. to acquire jurisdiction over the person of the defendant; and
2. to notify the defendant that an action has been commenced so that he
may be given an opportunity to be heard on the claim against him. (Nation
Petroleum Gas, Incorporated v. Rizal Commercial Banking
Corporation, G.R. No. 183370, August 17, 205)
4. What is an alias summons?
If summons is (a) returned without being served on any or all of the
defendants, or (b) if the summons has been lost, the Clerk on demand of
the plaintiff, may issue an alias summons (Section 4 of Rule 14 of the
Rules of Court). The plaintiff may ask for an alias summons if the service
of summons has failed (Carson Realty and Management Corp. v. Red
Robin Security Agency, G.R. No. 225035).
5. When must the summons be issued?
Upon the filing of the complaint and the payment of the requisites of legal
fees, summons may be issued (Section 1 of Rule 14 of the Rules of
Court).
6. Who issues summonses?
Upon the filing of the complaint and the payment of the requisites of legal
fees, the Clerk of Court shall forthwith issue the corresponding summons
to the defendants (Section 1 of Rule 14 of the Rules of Court).

THINGS MAY HAPPEN AFTER SUMMONS IS ISSUED

B. SUMMONS CANNOT BE SERVED

1. When is summons not deemed served?
Summons is not deemed served if there has been a failure in any of the
modes of service provided under the Rules of Court, where in the reason
must be stated in the return. (Lecture Notes, Civil Procedure)
2. What must the sheriff do if he failed to serve the summons?
 If a summons is returned without being served on any or all of the
defendants, the server shall also serve a copy of the return on the
plaintiff’s counsel, stating the reasons for the failure of the service, within
five days therefrom. In such a case, or if the summons has been lost, the
clerk on demand of the plaintiff, may issue an alias summons. (Rule 14,
Section 5, Rules of Court)
3. What is the remedy if the summons cannot be served under the regular
rules of civil procedure?
Service in person is effected by handling a copy of the summons to the
defendant in person. If he refuses to receive and sign for it, the remedy of
the server is to tender the summons to the defendant. (Rule 14, Section
6, Rules of Court)
4. What is the remedy if summons cannot be served in Small Claims cases?
The court may order the plaintiff to cause service of summons after the
summons served by the sheriff or process server was returned unserved on
any or all of the defendants. The Revised Rules do not require that the
plaintiff’s return be notarized or be made under oath. The judge may, in the
interest of justice, require that a sheriff or process server accompany the
plaintiff in serving summons to ensure its proper service. (2016 Revised
Rules of Procedure for Small Claims Cases)
C. ACTION MAY BE DISMISSED

1. Upon whose instance may the action be dismissed after summons is

issued?
The action may be dismissed upon motion of the defendant or upon the
court’s own motion. (Producers Bank of the Philippines v. CA, G.R. No.
125468, October 2000)
2. Is a Motion to Dismiss allowed under the Rule on Summary Procedure?
No. Section 19 of Rules on Summary Procedure enumerated the prohibited
pleading and motions.
The following pleadings, motions, or petitions shall not be allowed in the
cases covered by this rule:
(a) Motion to dismiss the complaint or to quash the complaint or information
except on the ground of lack of lack of jurisdiction over the subject matter,
or failure to comply with the preceding section.
3. Is a Motion to Dismiss allowed under the Rules on Small Claims cases?
4. What are the grounds that may be invoked for the dismissal of an action
even before, but within the period for, the filing of an answer?
Within the time for but before filing the answer to the complaint or pleading
asserting a claim, a motion to dismiss may be made on any of the
following grounds:
a. That the court has no jurisdiction over the person of the defending
party;
b. That the court has no jurisdiction over the subject matter of the claim;
c. That the venue is improperly laid;
d. That the plaintiff has no legal capacity to sue;
 e. That there is another action pending between the same parties for the
same cause;
f. That the cause of action is barred by a prior judgment or by the Statute of
Limitations;
g. That the pleading asserting the claim states no cause of action;
h. That the claim or demand set forth in the plaintiff’s pleading has been
paid, waived, abandoned, or otherwise extinguished;
i. That the claim on which the action is founded is unenforceable under the
provisions of the statute of frauds; and
j. That a condition precedent for filing the claim has not been complied with.
(Rule 17, Section 1, Rules of Court)
5. What are the grounds for dismissal that are not deemed waived if not raised
in the Answer or a Motion to dismiss?
Defenses and objections not pleaded either in a motion to dismiss or in the
answer are deemed waived. However, when it appears from the pleadings
or the evidence on record that the court has no jurisdiction over the subject
matter, that there is another action pending between the same parties for
the same cause, or that the action is barred by a prior judgment or by statute
of limitations, the court shall dismiss the claim (Section 1 of Rule 9 of the
Rules of Court).
6. What are the grounds for the dismissal of an action by the Court motu
proprio?
The court may motu proprio dismiss a case when any of the four (4) grounds
referred to under Section 1 of Rule 9 of the Rules of Court, is present. These
are:
a. Lack of jurisdiction over the subject matter;
b. Litis pendentia;
c. Res judicata; and
d. Prescription of action
(P. L. Uy Realty Corporation v. ALS Management and Development
Corporation, G.R. No. 166462, 24 October 2012)
7. If the action was dismissed on the ground of litis pendentia, may it be re-
filed?
Since dismissal on the ground of litis pendentia is without prejudice, then
the complaint can be refiled, as a general rule. (Civil Procedure, Volume
I, The Bar Lecture Series)
8. When may a dismissed action be not allowed to be re-filed?
If the dismissal is one with prejudice in any of the following situations: (a)
The notice of dismissal by the plaintiff provides that the dismissal is with
prejudice; or (b) The plaintiff has previously dismissed the same case in a
court of competent jurisdiction based on or including the same claim, then
it will bar the refiling of the complaint. (Civil Procedure, Volume I, The
Bar Lecture Series)
9. Give five grounds for the dismissal of an action that are not found in Section
1 of Rule 16.
1. Laches (Pineda v. Heirs of Eliseo Guevara, 515 SCRA 627, 636)
 2. Res Judicata
3. Litis pendentia
10. How may a plaintiff cause the dismissal of his own action after service of
summons but before service of an Answer?
A complaint may be dismissed by the plaintiff by filing a notice of dismissal
(Section 1, Rule 17, Rules of Court)
D. SUMMONS IS SERVED

LEVEL SIX: SERVICE OF SUMMONS (five wives and one husband )

I. What:

1. What is service of summons?

Summons is a writ by which the defendant is notified of the action
brought against him. Service of such writ is the means by which
the court acquires jurisdiction over his person. (Cano-Gutierrez v.
Gutierrez, G.R. No. 138584, 2 October 2000, 341 SCRA 670.)
2. What are the modes of service of summons and what are the
proofs of service therefor?
a. Personal Service
Whenever practicable, the summons shall be served by
handing a copy thereof to the defendant in person, or, if he refuses
to receive and sign for it, by tendering it to him (Section 6 of Rule
14 of the Rules of Court).
b. Substituted Service
If, for justifiable causes, the defendant cannot be served
within a reasonable time as provided in section 6 of rule 14 of the
Rules of Court, service may be effected (a) by leaving copies of the
summons at the defendant’s residence with some person of
suitable age and discretion then residing therein, or (b) by leaving
the copies at defendant’s office or regular place of business with
some competent person in charge thereof (Section 7 of Rule 14 of
the Rules of Court).
c. Service by Publication
i. 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 Section 12 (b):
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.
ii. In any action where the defendant is designated as an
unknown owner, or the like, or whenever his whereabouts are
unknown and cannot be ascertained by diligent inquiry, service
may, by leave of court, be effected upon him by publication in a
 newspaper of general circulation and in such places and for such
time as the court may order (Section 14 of Rule 14 of the Rules
of Court).
d. Service by electronic means
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 Section 12 (c): By
facsimile or any recognized electronic means that could generate
proof of service.
e. Extraterritorial Service
When 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, or in which the relief demanded consists, or the
property of the defendant has been attached within the Philippines,
service may be effected by:
i. Personal service as under Section 6 of Rule 14 of the Rules of
Court;
ii. 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
iii. In any manner the court may deem sufficient. (Section 15 of
Rule 14 of the 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 section 15 of Rule 14 of the Rules of Court
(Section 16 of Rule 14 of the Rules of Court).
3. What is the effect is summons is served?
Jurisdiction over the parties refer to the power of the court to make
decisions that re binding on persons. The courts acquire jurisdiction
over complainants or petitioners as soon as they file their
complaints or petitions. Over the persons of defendants or
respondents, courts acquire jurisdiction by a valid service of
summons or through their voluntary submission. Jurisdiction over
parties is required, regardless of the type of action—whether the
action is in personam, in rem or quasi in rem. (Aurora N. De Pedro
v. Romasan Development Corporation, G.R. No. 194751, 26
November 2014).
4. What will you do if one of your defendants is a minor or
incompetent person?
When the defendant is a minor, insane or otherwise an
incompetent, service shall be made upon him personally and on his
legal guardian if he has one, or if none, upon his guardian ad litem
whose appointment shall be applied for by the plaintiff. In the case
 of a minor, service may also be made on his father or mother
(Section 10 of Rule 14 of the Rules of Court).
II. Why:

1. Why must a court acquire jurisdiction over the person of the

defendant?
There’s a need to acquire jurisdiction over the person of the defendant
to make him personally liable and to comply with the due process.
(Civil Procedure, Volume I, Bar Lecture Series)

III. Who:
1. Who may serve summonses?
Summons may be served by the sheriff, his deputy, or other
proper court officer, or for justifiable reasons by any suitable
person authorized by the court issuing the summons. (Rule 14,
Section 3, Rules of Court)
2. What ( hindi naman who  ) happens if the summons is served
by a person other than those authorized by the rules?
It will result to an invalid service of summons therefore the court
will not acquire jurisdiction over the defendant, unless the
defendant voluntarily submit himself to the jurisdiction of the
court. (Civil Procedure, Volume I, The Bar Lecture Series)

IV. When:
1. When may an alias summons be issued?
If a summons is returned without being served on any or all of the
defendants, the server shall also serve a copy of the return on the
plaintiff's counsel, stating the reasons for the failure of service,
within five (5) days therefrom. In such a case, or if the summons
has been lost, the clerk, on demand of the plaintiff, may issue an
alias summons. (Section 5, Rule 14, Rules of Court)
V. Where:
1. Where may summons be served if service is done through substituted
service:
a. If the defendant is natural person?
(a) leaving copies of the summons at the defendant’s residence; or
(b) leaving copies of the summons at the defendant’s office or
regular place of business. (Section 7, Rule 14, Rules of Court)
a.1. When may a person be considered of sufficient discretion for
purposes of substituted service of summons?
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 age and 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. Thus, person must have a “relation of
confidence” to the defendant, ensuring that the latter would receive
or at least be notified of the receipt of summons. The sheriff must
therefore, determine if the person found in the alleged dwelling or
residence of defendant is of legal age, what the recipient’s
relationship with the defendant is of legal age, what the recipient’s
relationship with the defendant is, and whether said person
comprehends the significance of the receipt of the summons and
his duty to deliver it to the defendant or at least notify the defendant
of said receipt of summons. These matters must be clearly and
specifically described in the Return of Summons. (Manotoc v.
Court of Appeals, 499 SCRA 21, 35-36)
a.2. When may a person be considered competent for purposes of
substituted service at the defendant’s office or regular place of
business?
A competent person in charge of the office or regular place of
business must be one managing the office or business of
defendant, such as the president or manager; and such individual
must have sufficient knowledge to understand the obligation of the
defendant in the summons, its importance, and the prejudicial
effects arising from inaction on the summons. Again, the details
must be contained in the Return. (Manotoc v. Court of Appeals,
499 SCRA 21, 35-36)
It is not necessary that the person in charge of the defendant’s
regular place of business be specifically authorized to receive
summons. It is enough that he appears to be in charge. (Guanzon
v. Arradoza, 510 SCRA 309,318, citing Gochanco v. CFI of
Negros Occidental, 157 SCRA 40)
b. If the defendant is a juridical person?
a. Service upon an entity without a juridical personality – Service
may be effected upon all the defendants by serving summons upon
(a) any one of them, or (b) upon the person in charge of the office
or of the place of business maintained in such name. This service
shall not, however, bind individually any person whose connection
with the entity, upon due notice, had been severed before the
action was brought. (Section 8, Rule 14, Rules of Court. Bar
2011)
b. Service upon a domestic private juridical entity – When the
defendant is a corporation, partnership or association organized
under the laws of the Philippines with a juridical personality, service
may be made upon the following persons: (a) president, (b)
managing partner, (c) general manager, (d) corporate secretary, (e)
treasurer, or (f) in-house counsel. (Section 11, Rule 14, Rules of
Court; Guy v. Gacottt, G.R. No. 206417, January 13, 2016)
 c. Service upon a foreign private juridical entity – Service upon a
foreign private juridical entity which has transacted business in the
Philippines may be on (a) its resident agent designated in
accordance with law for that purpose, or, if there be no such agent,
(b) on the government official designated by law to that effect, or (c)
on any of the officers or agents of said foreign entity within the
Philippines. (Section 12, Rule 14, Rules of Court)
VI. How:
1. How may summons be served by substituted service if the defendant
is a juridical person?
If, for justifiable causes, the defendant cannot be served within a
reasonable time as provided in the preceding section, service may be
effected (a) by leaving copies of the summons at the defendant's
residence with some person of suitable age and discretion then
residing therein, or (b) by leaving the copies at defendant's office or
regular place of business with some competent person in charge
thereof. (Section 7, Rule 14, Rules of Court)
2. What is the difference between Service of Summons by Publication to
a defendant who is either unknown or whose whereabouts is unknown,
and Service of Summons by Publication in Extraterritorial Service of
Summons?
The defendant under Section 14 of Rule 14 of the Rules of Court is
designated as an unknown owner, or the like, or his whereabouts are
unknown and cannot be ascertained by diligent inquiry. The action is in
personam. While the defendant under Section 15 of Rule 14 of the
Rules of Court 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 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, or the property of the defendant has been
attached within the Philippines. In the latter case, the action is quasi in
rem (Sections 14 and 15 of Rule 14 of the Rules of Court).
3. What prevails between a substantive law providing a different rule as
to service of notices to a cooperative and Rule 14 of the Rules of
Court? (Cathay Metal Corp. vs. Laguna West Multi-purpose Coop,
G.R. 172204, July 2, 2014)
The Rules of Court shall prevail. The promulgation of the Rules of
Procedure is among the powers vested only in the Supreme Court
(Article VIII, Section 5(5)). Services of notices and summons on
interested parties in a civil, criminal, or special proceeding is court
procedure. Hence, it shall be governed by the Rules of Procedure
(Cathay Metal Corp. v. Laguna West Multi-purpose Coop, G.R. No.
1772204, July 2, 2014).
VII. Fill up the table:
Defendant Mode of Service Upon whom Proof of
served service
A. Natural Persons:
1. Legally 1. 1. 1.
capacitated

a. In the a. Personal or a. Defendant, a. Personal

Philippines substituted or in case of Service – Written
service substituted admission of the
service, party served, or
person of the official return
suitable age of the server, or
and the affidavit of
discretion the party serving,
residing at containing a full
defendant’s statement of the
residence or date, place and
any manner of
competent service. Also, in
person in substituted
charge in service, the
defendant’s reason why
office or personal service
regular place was not effected
of business shall be
presented.

b. Outside the b. Extraterritorial b. Defendant b. Written

Philippines Service admission of the
party served, or
the official return
of the server, or
the affidavit of
the party serving,
containing a full
statement of the
date, place and
manner of
service, or in case
of publication, by
an affidavit of the
printer, his
foreman or
principal clerk, or
of the editor,
business or
 advertising
manager, to
which affidavit a
copy of the
publication shall
be attached, and
by an affidavit
showing the
deposit of a copy
of the summons
and order for
publication in the
post office,
postage prepaid,
directed to the
defendant by
registered mail to
his last known
address. In which
case a copy of the
summons and
order of the court
shall be sent by
registered mail to
c. Defendant the last known
address of the
c. Unknown c. Service by defendant
identity or Publication
unknown c. Affidavit of
whereabouts the printer, his
foreman or
principal clerk, or
of the editor,
business or
advertising
manager, to
which affidavit a
c opy of the
publication shall
be attached, and
by an affidavit
showing the
deposit of a copy
of the summons
and order for
publication in the
 post office,
postage prepaid,
directed to the
2. Upon the defendant by
defendant registered mail to
2. Minors and 2. Personal Service personally and on his last known
incompetent or substituted service his guardian or address.
persons guardian ad litem. In
case the defendant is 2. Personal
a minor, service may Service – Written
also be served on his admission of the
father or mother. party served, or
the official return
of the server, or
the affidavit of
the party serving,
containing a full
statement of the
date, place and
manner of
service. Also, in
3. Service shall be substituted
effected upon him service, the
by the officer having reason why
the management of personal service
3. Prisoner 3. Personal Service such jail or was not effected
or substituted service institution who is shall be
deemed deputized as presented.
a special sheriff for
said purpose 3. Personal
Service – Written
admission of the
party served, or
the official return
of the server, or
the affidavit of
the party serving,
containing a full
statement of the
date, place and
manner of
service. Also, in
substituted
service, the
reason why
personal service
 was not effected
shall be
presented.
B. Public Corporations
1. Republic of the 1. Solicitor General Personal
Philippines Service – Written
Personal or admission of the
substituted service if party served, or
personal service failed the official return
2. Local Government 2. Executive of the server, or
Units head, or on such the affidavit of
other officer or the party serving,
officers as the law or containing a full
the court may direct statement of the
date, place and
3. Government 3. Executive manner of
Agencies head, or on such service. Also, in
other officer or substituted
officers as the law or service, the
the court may direct reason why
personal service
4. Executive was not effected
4. GOCCs head, or on such shall be
other officer or presented.
officers as the law or
the court may direct
C. Private domestic Personal or President, Personal
entity substituted service if managing partner, Service – Written
personal service failed general manager, admission of the
corporate secretary, party served, or
treasurer or in-house the official return
counsel of the server, or
the affidavit of
the party serving,
containing a full
statement of the
date, place and
manner of
service. Also, in
substituted
service, the
reason why
personal service
was not effected
shall be
presented.
D. Foreign private entity
1. Conducting
business in the 1. Personal or Resident agent
1. 1. Personal
Philippines substituted designated in Service – Written
service accordance with law admission of the
2. Not conducting for that purpose, or, party served, or
business in the 2. Extraterritorial if there be no such the official return
Philippines Service agent, on the of the server, or
government official the affidavit of the
designated by law to party serving,
that effect, or on any containing a full
of its officers or statement of the
agents within the date, place and
Philippines manner of service.
Also, in
substituted
service, the reason
why personal
service was not
effected shall be
presented.

2. Written
admission of the
party served, or
the official return
of the server, or
the affidavit of the
party serving,
containing a full
statement of the
date, place and
manner of service,
or in case of
publication, by an
affidavit of the
printer, his
foreman or
principal clerk, or
of the editor,
business or
advertising
manager, to which
affidavit a copy of
the publication
shall be attached,
 and by an affidavit
showing the
deposit of a copy
of the summons
and order for
publication in the
post office,
postage prepaid,
directed to the
defendant by
registered mail to
his last known
address. 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
E. Public Foreign entity
F. Entities without Personal or Any of the Personal
juridical personality substituted service defendants, or upon Service – Written
the person in charge admission of the
of the office or place party served, or
of business the official return
maintained in such of the server, or
name the affidavit of
the party serving,
containing a full
statement of the
date, place and
manner of
service. Also, in
substituted
service, the
reason why
personal service
was not effected
shall be
presented.

WHAT MAY HAPPEN AFTER SUMMONS IS SERVED?

VIII. DEFENDANT FILES A MOTION FOR A BILL OF PARTICULARS
1. What is a bill of particulars?
Bill of Particulars is a statement which avers matters with “sufficient
definiteness or particularity” to enable the movant to properly prepare
his responsive pleading. (Rule 12, Section 1, Rules of Court)
2. What is the limit of a bill of particulars?
Bill of Particulars is only used to clarify the allegations in the pleading
so an adverse party may be informed with certainty of the exact
character of the cause of action or a defense. The motion shall point
out the: (a) Defects complained of; (b) The paragraphs where they are
contained; and (c) The details desired. (Civil Procedure, Volume I,
The Bar Lectures; Rule 12, Section 1, Rules of Court)

IX. DEFENDANT FILES A THIRD-PARTY COMPLAINT

1. What is a third-party complaint?
A third-party complaint is a claim that a defending parry may, with leave
of court, file against a person not a party to the action called the third-
party defendant, for contribution, indemnity, subrogation, or any other
relief, in respect of his opponent’s claim. (Rule 6, Section 11, Rules of
Court)
2. How is it different from a complaint-in-intervention?
A third-party complaint is a claim which a defending party may, with
leave of court, file against a person who is not yet a party to the action
for contribution, indemnity, subrogation or any other relief, in respect of
his opponent’s claim (Section 11, Rule 6, Rules of Court). Whereas
complaint-in-intervention is a remedy by which a third party, not
originally impleaded in the proceedings, becomes a litigant therein to
enable him, her or it to protect or preserve a right or interest which may
be affected by such proceedings. It is a proceeding in a suit or action by
which a third person is permitted by the court to make himself a party,
either joining the plaintiff in claiming what is sought by the complaint, or
uniting with the defendant in resisting the claims of the plaintiff, or
demanding something adverse to both of them. It is an act or
proceeding by which a third person becomes a party in a suit pending
between others for the protection of some right of interest alleged by
him to be affected by such proceedings. (Mactan-Cebu International
Airport Authority v. Heirs of Minosa, 641 SCRA 520)
X. DEFENDANT FILES AN ANSWER