Civil Procedure: Summons and Service

Summons and Service (Rule 14)

1. What is Summons?
   1. It is a writ by which the defendant is notified of the action brought against him or her. In a Civil Action, service of summons is the means by which the court acquires jurisdiction over the person of the defendant. Any judgment without such service, in the absence of a valid waiver, is null and void.
2. Who issues summons?
   1. Summons is issued by the clerk of court upon receipt of the complaint and the corresponding payment of docket fees or when the original summons has not been served or was lost without fault of the plaintiff.
3. Who serves summons?
   1. Sec. 3. By whom served – the 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.
   2. Manalo vs. Robles Transport Com. Inc. G.R. No. L-8171, August 16, 1956
4. Issuance and service of summons after amendment
   1. Vlason Enterprise Corp. vs CA, G.R. Nos. 121662-64 July 6, 1999
5. kinds of service of Summons
   1. Summons may be served to the defendant on the following manner pursuant to the provisions of Rule 14 .
      1. Personal Service
         1. Sec 6. service is person on defendant. – 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.
         2. how personal service of summons being made? – Whenever practicable, the summons shall be served upon the person of the defendant by:
            1. handing a copy thereof to the defendant in person, or
            2. if he refuses to receive and sign for it, by tendering it to him.
         3.  General Rule: Summons should be served personally
            1. As a rule, summons should be personally served on the defendant, and in case of domestic private juridical entity, the service of summons must be made upon an officer who is named in the statute.
      2. Substituted Service
         1. Sec. 7. Substituted service. If for justifiable causes, the defendant cannot be served within a reasonable time provided in the preceding section, service may be effected:
            1. by leaving copies of the summons at the defendant’s residence with some person of suitable and and discretion then residing therein, or
            2. by leaving the copies at defendant’s office or regular place of business with some competent person in charge thereof.
         2. when can a substituted service of summons be resorted to?
            1. Substituted service may be resorted to only when service of summons within a reasonable time is impossible – impossibility of prompt service should appear in the return service.
      3. Extra-territorial Service