CIVPRO Reviewer Rule 13

7/31/2019 CIVPRO Reviewer Rule 13

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Alpha Phi Omega Notes By: JayArhSals (USJ-R Cebu)

CIVIL PROCEDURE NOTES ACADEMIC YEAR 2012-

2013

RULE 13 FILING AND SERVICE OF PLEADINGS,

JUDGMENTS AND OTHER PAPERS

Filing the act of presenting the pleading or other paper

to the clerk of court (Sec. 2, Rule 13, Rules of Court).

Service the act of providing a party with a copy of the

pleading or paper concerned (Sec. 2, Rule 13, Rules of

Court).

The GENERAL RULE, when a party is represented by a

lawyer, the service should be to the lawyer and not to

the party.

Service to the party is not valid. What is valid is service

to the counsel. Service to the lawyer binds the party. But

the service to the party does not bind the lawyer, unless

the court orders direct service to the party.

REASON: the parties, generally, have no formal

education or knowledge of the rules of procedure,

specifically, the mechanics of appeal or availment of

legal remedies.

Sec. 2, Rule 13, Rules of Court

Sec. 2. Filing and service, defined.Filing is the act of presenting the

pleading or other paper to the clerk of court.

Service is the act of providing a party with a copy of the pleading or

paper concerned. If any party has appeared by counsel, service upon

him shall be made upon his counsel or one of them, unless service

upon the party himself is ordered by the court. Where one counsel

appears for several parties, he shall only be entitled to one copy of any

paper served upon him by the opposite side. (2a)

PLEADINGS, JUDGMENTS, and OTHER PAPERS


Sec. 4. Papers required to be filed and served. Every judgment,

resolution, order, pleading subsequent to the complaint, written

motion, notice, appearance, demand, offer of judgment or similar

papers shall be filed with the court, and served upon the parties

affected. (2a)

PREFERRED MODE of SERVICE and FILING


Sec. 11. Priorities in modes of service and filing Whenever practicable

the service and filing of pleadings and other papers shall be done

personally. Except 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. A violation of this

Rule may be cause to consider the paper as not filed. (n)

PERSONAL service and filing is the GENERAL RULE

and resort to OTHER MODES of service and filing, the

EXCEPTION. Only when personal service or filing is not

practicable that resort to other modes be had, which

must then be accompanied by a written explanation as

to why personal service or filing was not practicable

Failure to comply with the requirement of giving a

written explanation shall consider the paper as not being

filed.

MANNER of FILING

Manner of filing .The filing of pleadings, appearances

motions, notices, orders, judgments and all other papers

shall be made by presenting the original copies thereof

plainly indicated as such,

(a) personally to the clerk of court or

(b) by sending them by registered mail.

(Sec. 3, Rule 13, Rules of Court)

(a) Personally presenting it personally to the clerk

of court.

(b) Registered Mail the date of filing is the date o

mailing.

Private Messengerial Service the date that the

court received the pleading is the date of filing.

PROOF of FILING

(a) Personally Filed

(1) Thefiling of a pleading or paper shall be proved

by its existence in the record of the case.


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(2) if it is not in the record, but is claimed to have

been filed personally, the filing shall be proved

by the written or stamped acknowledgment of

its filing by the clerk of court on a copy of the

same;

(b) Registered Mail

(1) by the registry receipt and

(2) by the affidavit of the person who did the

mailing,

(3) containing a full statement of the date and

place of depositing the mail in the post office

(4) in a sealed envelope addressed to the court,

with postage fully prepaid, and with

instructions to the postmaster to return the mail

to the sender after ten (10) days if not delivered.

(n)


SERVICE of PLEADINGS


Sec. 5.Modes of service.Service of pleadings, motions, notices, orders,

judgments and other papers shall be made either personally or by

mail. (3a)

PERSONAL SERVICE

(a) Personal

1) delivering personally a copy

2) to the party or his counsel, or

3) by leaving it in his office with his clerk or

4) with a person having charge thereof.

If no person is found in his office, or his office is not

known, or he has no office, then by

1) leaving the copy,

2) between the hours of eight in the morning and

six in the evening,

3) at the partys or counsels residence, if known,

4) with a person of sufficient age and discretion

then residing therein.


PERSONAL SERVICE, COMPLETE

Sec.10, Rule 13, Rules of Court

Sec.10. Completeness of service.Personal service is

complete upon actual delivery. Xxx

Personal Service under Sec. 6, Rule 13 is the preferred

mode of service. If another mode of service is used other

than personal service, the service must be accompanied

by a written explanation why the service of filing was

not personally done.

Personal Service RULE 13 as distinguished from

Service in Person RULE 14

See table, Infra

SERVICE BY MAIL

(b) Service by Mail

1) depositingthe copy in the post office,

2) in a sealed envelope,

3) plainly addressed to the party or his counsel at

his office, if known, otherwise at his residence, i

known, with postage fully prepaid, and

4) with instructions to the postmaster to return the

mail to the sender after ten (10) days i

undelivered.

5) If no registry service is available in the localityof either the sender or the addressee, service

may be done by ordinary mail.


Ordinary mail may be done only if no registry service is

available in the locality of either the sender or the

addressee.

SERVICE BY MAIL, COMPLETE



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Sec. 10. Completeness of service.Xxx

Service by ordinary mail is complete upon the

expiration of ten (10) days after mailing, unless the

court otherwise provides.

Service by registered mail is complete upon actual

receipt by the addressee, or after five (5) days from the

date he received the first notice of the postmaster,whichever date is earlier.

Constructive service if the registered mail was not

received and therefore you want to avail of the rules on

constructive service it is deemed served upon the

expiration of so many days. What you will file is the

unclaimed letter together with a certified or sworn copy

of the notice given by the postmaster to the addressee.

SUBSTITUTED SERVICE

(c) Substituted Service

(1) If service of pleadings, motions, notices,

resolutions, orders and other papers cannot be

made by personal service or by registered mail,

(2) the office and place of residence of the party or

his counsel being unknown,

(3) service may be made by deliveringthe copy to

the clerk of court,

(4) with proof of failure of both personal service

and service by mail.


This mode is availed of only when there is failure to

effect service personally or by mail.

SUBSTITUTED SERVICE, COMPLETE


Sec. 8. Substituted service.Xxx The service is complete

at the time of such delivery.

Substituted service is complete at the time of the

delivery to the clerk of court.

Substituted Service RULE 13 as distinguished from

RULE 14

See table, Infra

PROOF of SERVICE

(a) Personal Service

(1) Consist of a written admission of the party

served,

(2) or the official return of the server,

(3) or the affidavit of the party serving,

(4) containing a full statement of the date, place

and manner of service.

(b) Ordinary Mail

(1) consist of an affidavit of the person mailing

(2) facts showing compliance with section 7 of this

Rule.

(c) Registered Mail.

(1) affidavit and the

(2) registry receipt issued by the mailing office. The

registry return card shall be filed immediately

upon its receipt by the sender, or in lieu thereof

of the unclaimed letter together with the

certified or sworn copy of the notice given by

the postmaster to the addressee. (10a)


SERVICE of JUDGMENTS, FINAL ORDERS, or

RESOLUTIONS


Sec. 9. Service of judgments, final orders, or resolutions.Judgments, fina

orders or resolutions shall be served either personally or by registered

mail. When a party summoned by publication has failed to appear in

the action, judgments, final orders or resolutions against him shall be

served upon him also by publication at the expense of the prevailing

party. (7a)


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3 Modes of Serving Court orders or Judgments

1. Personal

2. Registered Mail

3. Service by Publication

PERSONAL SERVICE

See Personal Service, Supra

SERVICE BY MAIL

See Service By Mail, Supra

SERVICE BY PUBLICATION

Judgments, final orders or final resolutions can be

served only under the three modes authorized by

section 9, Rule 13, Rules of Court. They cannot be served

by substituted service. With respect to service by

publication, the rule is that resort thereto is proper only

where summons was likewise served by publication.

To avoid absurd or impractical results, only the

dispositive portion or the fallo should be required to be

published and not the entire text of the decision or

resolution which may be voluminous and will entail

substantial publication expenses.

NOTICE OF LIS PENDENS

SEC. 14. Notice of lis pendens.In an action affecting the title or the

right of possession of real property, the plaintiff and the defendant,

when affirmative relief is claimed in his answer, may record in the

office of the registry of deeds of the province in which the property is

situated a notice of the pendency of the action. Said notice shall contain

the names of the parties and the object of the action or defense, and a

description of the property in that province affected thereby. 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

pendency against the parties designated by their real names.

The notice of lispendens hereinabove mentioned may be cancelled only

upon order of the court, after proper showing that the notice is for the

purpose of molesting the adverse party, or that it is not necessary to

protect the rights of the party who caused it to be recorded. (24a, R14)

The essence of notice of lis pendens is a notice against

the whole world against sale or mortgage of the

property under litigation. And whoever deals with it is

accepting the risk. Anybody who buys it is gambling the

outcome of the case. He cannot claim he is the

mortgagee or buyer in good faith because there is anotice.

WHO FILES:

General rule: the one who registers a notice oflis pendens

is the plaintiff.

Exception: the defendant may register when there is a

counterclaim. The defendant is also interposing a

defense with the same property.

CONTENTS:

Sec. 14. Notice of lis pendens.Xxx

Said notice shall contain

a. the names of the parties and

b. the object of the action or defense, and a

c. description of the property in that province affected

thereby.

(Sec.14, Rule 13, Rules of Court)

HOW NOTICE is CANCELLED:

The notice of lispendens hereinabove mentioned may be

cancelled only upon order of the court, after proper

showing that the notice is for the purpose of molesting

the adverse party, or that it is not necessary to protect

the rights of the party who caused it to be recorded.



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General rule: the notice of lis pendens under the rules

cannot be removed without the order from the court and

generally the court cannot issue the order until the case

is finished or until the final issue of the case is

determined.

Exception:

(a) notice is for the purpose of molesting theadverse party, or

(b) that it is not necessary to protect the rights of the

party who caused it to be recorded.

RULE 14 SUMMONS

Summons- the writ by which the defendant is notified ofthe action brought against him (Cano-Gutierrez vs.

Gutierrez, 341 SCRA 670).

Service of summons is required even if the defendant is

aware of the filing of the action against him. His

knowledge of the existence of a case is not one of the

modes by which a court acquires jurisdiction over the

person of the defendant (Habana vs. Vamenta, 33 SCRA

569).

PURPOSE:

In Personam, the purpose of summons is not only to

notify the defendant of the action against him but also to

acquire jurisdiction over his person (Umandap vs. Sabio,

Jr., 339 SCRA 243).

In rem or quasi in rem, jurisdiction over defendant is not

mandatory and the court acquires jurisdiction over an

action as long as it acquires jurisdiction over the res. The

purpose of summons in these actions is not theacquisition of jurisdiction over the defendant but mainly

to satisfy the constitutional requirements of due process

(Gomez vs. CA, 420 SCRA 98).


Section 1. Clerk to issue summons.Uponthe filing of the complaint and

the payment of the requisite legal fees, the clerk of court shal

forthwith issue the corresponding summons to the defendants.

The issuance of summons is not discretionary on the

part of the clerk of court but is a mandatory

requirement. The clerk shall issue the corresponding

summons upon:

(a) Filingof the complaint.

(b) Payment of the required legal fees.

The mere filing of the complaint does not enable the

court to acquire jurisdiction over the person of the

defendant. By the filing of the complaint and the

payment of the required docket fees, the court acquires

jurisdiction only over the person of the plaintiff and no

over the defendant. The acquisition of jurisdiction over

the defendant is accomplished by a valid service of

summons upon him assuming he does not make priorvoluntary appearance in the action. Service of summons

logically follows.

TO WHOM DIRECTED:

SEC. 2. Contents.Thesummons shall be directed to the

defendant, signed by the clerk of court under seal, Xxx


Summons is directed to the defendant and not to the

plaintiff.

CONTENTS:

Sec. 2. Contents.Xxx 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.


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WHO SERVES SUMMONS:


Sec. 3. By whom served.The summons may be served by the sheriff,

his deputy, or other proper court officer, or for justifiable reasons byany suitable person authorized by the court issuing the summons. (5a)

The summons may be served

(a) by the sheriff,

(b) his deputy,

(c) or other proper court officer,(d) or for justifiable reasons by any suitable person

authorized by the court issuing the summons.

MODES of SERVICE of SUMMONS TO

INDIVIDUAL DEFENDANTS:

(a) SERVICE IN PERSONSec.6, Rule 14, Rules of Court

Sec. 6. Service in person on defendant. Whenever practicable, the

summons shall be served handing a copy thereof to the defendant in

person, or, if he refuses to receive and sign for it, by tendering it to

him. (7a)

Whenever practicable, the summons shall be served

(1) handing a copy thereof to the defendant in

person, or

(2) by tendering it to him, , if he refuses to receive

and sign for it.

Personal Service RULE 13 as distinguished from

Service in Person RULE 14

RULE 13 RULE 14

Section 6 6

Service of pleadings, motions,

notices, resolutions,

SUMMONS

orders and other

papers

Reasons/

Elements

To Notify the Parties To acquire

jurisdiction

over the

defendant

To Whom (a) party or his

(b) counsel, or

(c) clerk of his

office or

(d) person

having

charge.

(e) a person of

sufficient ageand

discretion.

DefendantOnly

Where (a) Partys Office

or

(b) Partys

Residence or

(c) Counsels

Office or

(d) Counsels

Residence

Anywhere (the

place where

the defendan

can be found).

How (a) delivering

personally a

copy to the

party

(b) or his

counsel,

(c) or by leaving

it in his office

with his clerk

(d) or with a

person

(a) handing a

copy thereof to

the defendan

in person, or

(b) tendering i

to him, if he

refuses toreceive and

sign for it.


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having charge

thereof.

(e) If no person is

found in his

office, or his

office is not

known, or he

has no office,then by

leaving the

copy,

between the

hours of eight

in the

morning and

six in the

evening,

(f) at the partysor counsels

residence, if

known, with

a person of

sufficient age

and discretion

then residing

therein.

(b) SUBSTITUTED SERVICESec. 7. Substituted service. 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 defendants residence with some person of suitable

age and discretion then residing therein, or (b) by leaving the copies at

defendants office or regular place of business with some competent

person in charge thereof.(8a)

For justifiable causes, the defendant cannot be servedwithin a reasonable time as provided in the preceding

section, service may be effected.

(a) by leaving copies of the summons

(b) at the defendants residence

(c) with some person of suitable age and discretion

then residing therein, or

(d) by leaving the copies at defendants office or

regular place of business

(e) with some competent person in charge thereof

(8a)

Substituted Service RULE 13 as distinguished from

RULE 14

RULE 13 RULE 14

Section 8 7

Service

of

pleadings, motions,

notices, resolutions,

orders and other

papers

SUMMONS

Reasons

/

Element

s

(a) personal

service cant

be effected

(b) registered

mail cant

be effected

(c) the office

and place ofresidence of

the party or

his counsel

being

unknown

(a) Service in

person can

be effected

(b)justifiable

causes,

(c) the defendan

cannot be

served withina reasonable

time

To

Whom

Clerk of

Court only

(a) person o

suitable age

and discretion

(residence)

(b) Competent

person (office

or regular

place o

business


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Where Court which

has

jurisdiction

of the case

(a) Defendants

residence

(b) Defendants

office or usual

place of

business.

How (a) deliveringthe copy to

the clerk of

court,

(b) with proof

of failure of

both

personal

service and

service by

mail.

(a) by leavingcopies of the

summons

(b) at the

defendants

residence

(c) with some

person of suitable

age and discretion

then residing therein,

or

(d) by leaving the

copies at defendants

office or regular place

of business

(e) with some

competent person in

charge thereof.

Reasonable time contemplates a period of time longer

than that demarcated by the word prompt and

presupposes that a prior attempt at personal service had

failed.

There is no service of summons through registered mail.

i.e. if the defendant is living in Davao, and the plaintiff is

living in Manila. The sheriff will mail the summons to

the sheriff in Davao who will serve the summons.

(c) SERVICE BY PUBLICATIONOnly available in actions in rem or quasi in rem. It is not

available as a means of acquiring jurisdiction over the

defendant in an action in personam.

Publication is notice to the whole world that the

proceeding has for its object to bar indefinitely all who

might be minded to make an objection of any sort

against the right sought to be established.

Publication is not a mode of service in an action in

personam against a defendant who is a resident of the

Philippines.

Unknown Whereabouts

Sec.14,Rule 14, Rules of Court

Sec. 14. Service upon defendant whose identity or whereabouts are

unknown.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.(16a)

In any action where:

(a) the defendant is designated as an unknown

owner, or the like,

(b) or whenever his whereabouts are unknown and

(c) cannot be ascertained by diligent inquiry

service may, by leave of court,

(d) 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.

Non-Resident Defendants


Sec. 15. Extraterritorial service.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 orinterest, 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, service may, by leave of court, be effected out of the

Philippines by personal service as under section 6; 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


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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

sufficient. Any order granting such leave shall specify a reasonable

time, which shall not be less than sixty (60) days after notice, within

which the defendant must answer. (17a)

Resident Defendants

Sec. 16. 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 effected out of the Philippines, as under the

preceding section. (18a)

For Resident and Non-Resident Defendants, Publication

may be effected:

(a) by publication in a newspaper of general

circulation

(b) in such places and for such time as the courtmay order,

(c) 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 sufficient.

CONCEPT OF EXTRATERRITORIAL SERVICE

Extraterritorial service of summons in Sec.15 of Rule 14applies when the following requisites concur:

(1) defendant is a non-resident

(2) he is not found in the Philippines; and

(3) the action against him is either in rem or quasi in

rem.

A fundamental concept of in ESS is that it does not

apply to a defendant who is a resident of the

Philippines, and actions in personam. However, Sec.16,

Rule 14, Rules of Court is an exception.


Sec. 15. Extraterritorial service.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,

or the property of the defendant has been attached within the

Philippines, service may, by leave of court, be effected out of the

Philippines by personal service as under section 6; 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

sufficient. Any order granting such leave shall specify a reasonable

time, which shall not be less than sixty (60) days after notice, within

which the defendant must answer. (17a)

The specific actions, which are either in rem or quasi in

rem that will justify the application of ESS in action

involving a non-resident are:

(1) the action affects the personal status of the

plaintiff

(2) or relates to, or the subject of which is, property

within the Philippines, in which the defendan

has or claims a lien or interest, actual or

contingent;

(3) or in which the relief demanded consists, wholly

or in part, in excluding the defendant from any

interest therein,

(4) or the property of the defendant has been

attached within the Philippines

PURPOSE:

The purpose of ESS is not to acquire jurisdiction over the

defendant who does not reside in the Philippines. The

purpose of the publication is to comply with the

requirement of due process that the defendant should be

informed before he loses his property.

MODES OF EXTRATERRITORIAL SERVICE

(a) PERSONAL SERVICE


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It will be done in accordance with Sec.6, Rule 14, Rules

of Court. The court allows summons to be served

outside the Philippines.

(b) BY PUBLICATIONSee Publication, Supra.

(c) IN ANY OTHER MANNER WHICH THECOURT DEEM SUFFICIENT

RULE 14: SECTIONS 15 and 16, distinguished

Section 15 Section 16

Defendan

t

Non-resident Resident but

temporarily out of the

Country.

Actions In rem, and quasi inrem

In rem, quasi in rem,and actionin personam

Modes (a) Personal

Service

(b) Service by

Publication

(c) Other

manner

which the

court deem

sufficient.

(a) Personal

Service.

(b) Service by

Publication.

(c) Substituted

Service.

(d) Other

manner

which the

court deem

sufficient

SERVICE OF SUMMONS IN EXCEPTIONAL CASES

(a) SERVICE OF SUMMONS UPON ENTITYWITHOUT JURIDICAL PERSONALITY


Sec. 15. Entity without juridical personality as defendant .When two or

more persons not organized as an entity with juridical personality

enter into a transaction, they may be sued under the name by which

they are generally or commonly known.

In the answer of such defendant the names and addresses of the

persons composing said entity must all be revealed. (15a)


Sec 8. Service upon entity without juridical personality. When person

associated in an entity without juridical personality are sued under thename by which they are generally or commonly known, service may

be effected upon all the defendants by serving upon any one of them

or upon the person in charge of the office 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 brought. (9a)

Under Sec.15 of Rule 3, when two or more persons not

organized as an entity with juridical personality enter

into a transaction, they may be sued under the name by

which they are generally or commonly known.

Service may be effected all the defendants by serving

summons upon:

(1) any one of them, or upon

(2) the person in charge of the office or place of

business maintained in such name.

However, such service shall not bind individually any

person whose connection with the entity has, upon due

notice, been severed before the action was brought.


(b) SERVICE UPON A MINOR AND ANINCOMPETENT


Sec. 9. Service upon prisoners.When the defendant is a prisoner

confined in a jailor institution, service shall be effected upon him by

the officer having the management of such jail or institution who is

deemed deputized as a special sheriff for said purpose. (12a)

If the defendant is a prisoner, service upon said prisoner

shall be effected upon him by the officer managing the

jail or institution where said prisoner is confined. Fo

this purpose, the jail manager is deemed deputized as a

special sheriff.


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(c) SERVICE UPON A MINOR AND ANINCOMPETENT


Sec. 10. Service upon minors and incompetentsWhen 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 litemwhose appointment shall be applied for by

the plaintiff. In the case of a minor, service may also be made on his

father or mother. (10a, 11a)

Service upon a minor, an insane or an incompetent shall

be made:

(1) Upon him personally and

(2) On his legal guardian if he has one, or if none,

upon his guardian ad litem.

The appointment of the guardian ad litem shall beapplied for by the plaintiff. If the defendant is a minor,

service may be made also upon his father or mother.

(d) SERVICE UPON A PRIVATE DOMESTICJURIDICAL PERSONALITY


Sec. 11. Service upon 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 bemade on the president, managing partner, general manager, corporate

secretary, treasurer, or in-house counsel. (13a)

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

(1) president,

(2) managing partner,

(3)

general manager,

(4) corporate secretary,

(5) treasurer, or

(6) in-house counsel.

The enumeration has been held to be exclusive and

summons cannot be served upon any other person (E.B

Villarosa & Partner Ltd. vs. Benito, 312 SCRA 65)

(e) SERVICE UPON A PUBLIC CORPORATIONSec.13, Rule14, Rules of Court

Sec. 13. Service upon public corporations.When the defendant is the

Republic of the Philippines, service may be effected on the Solicitor

General; in case of a province, city or municipality, or like public

corporations, service may be effected on its executive head, or on such

other officer or officers as the law or the court may direct. (15)

When the defendant is the Republic of the Philippines

service may be effected on the Solicitor General.

When the defendant is a province, city or municipality

service may be effected on its executive head, or on such

other officer or officers as the law or the court may

direct.

DUTY of the SERVER upon COMPLETION


Sec. 4. Return.When the service has been completed, the server shall

within five (5) days therefrom, serve a copy of the return, personally or

by registered mail, to the plaintiffs counsel, and shall return the

summons to the clerk who issued it, accompanied by proof of service.

When the service has been

(a) completed,

(b) the server shall,

(c) within five (5) days therefrom,

(d) serve a copy of the return,

(e) personally or by registered mail,

(f) to the plaintiffs counsel, and shall

(g) return the summons to the clerk who issued it,

(h) accompanied by proof of service.


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Sec. 18. 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 sheriff or

his deputy. (20)

After the completion of the service, a proof of service is

required to be filed by the server of the summons. The

proof of service of summons shall be made

(a) in writing by the server and

(b) shall set forth the manner, place,

(c) date of service;

(d) specify any papers which have been served with

the process and

(e) the name of the person who received the same;

(f) and shall be sworn to when made by a person

other than a sheriff or his deputy. (20)

ISSUANCE of ALIAS SUMMONS


Sec. 5. Issuance of alias 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 plaintiffs 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. (4a)

If a summons is returned

1. without being served

2. on any or all of the defendants,

3. the server shall also serve a copy of the return

on the plaintiffs counsel,

4. stating the reasons for the failure of service,

within five (5) days therefrom.

5. In such a case, or if the summons has been lost,

the clerk, on demand of the plaintiff, may issue

an alias summons.

VOLUNTARY AND SPECIAL APPEARANCE

Sec.20, Rule14, Rules of Court

Sec. 20. Voluntary appearance.The defendants 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 not be deemed a voluntary

appearance. (23a)

The first mode of acquiring jurisdiction over the personof the defendant is service of summons. However, even

if there is no service of summons, or if there is improper

service of summons, if the defendant files an answer

then in effect, he is submitting himself to the jurisdiction

of the court and the court acquires jurisdiction over his

person for voluntary appearance.

Voluntary appearance is not necessarily an answer. Like

an motion for an extension of time to file an answer, or a

motion for bill of particulars this is indicative of his

submission to the jurisdiction of the court.

Exception: if such appearance was to object to the

jurisdiction of the court.

Date post:	05-Apr-2018
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