Summons: 25 important things to remember

 

The court acquires jurisdiction over the defendant's person by service of summons. Here are 25 important things to remember about service of summons in the Philippines under the 2019 Amendments to the Rules of Civil Procedure.

1) The 5-Day Window: Once a complaint is filed, the Clerk of Court must issue the summons within five (5) calendar days.

2) Indefinite Validity: A summons does not "expire". It remains valid until it is served, unless recalled by the court.

3) Who Serves First: The primary responsibility lies with the Sheriff, his deputy, or other proper court officers.

4) Plaintiff’s Backup Role: If the sheriff fails, the plaintiff may be authorized by the court to serve the summons.

5) Corporate Plaintiffs: If the plaintiff is a corporation, it must issue a board resolution authorizing a specific person to serve the summons.

6) Misrepresentation: If a plaintiff misrepresents that a defendant was served when he was not, the case is dismissed with prejudice. The proceedings will be nullified, and sanctions may be imposed upon the plaintiff.

7) Service in Person is Preferred: The gold standard is handing a copy to the defendant in person.

8) The "Three-Attempt" Rule: You can only resort to substituted service after three attempts on at least two separate dates. Substituted service means serving summons on a person other than the defendant.

9) Defining "Competent Person": For substituted service at a residence, the recipient must be at least 18 years old and of "sufficient discretion." That person must be a resident (not a visitor),

10) The HOA Option: You can now leave the summons with the Homeowners’ Association (HOA) president or a responsible officer if the defendant lives in a gated community, or chief security officer in charge of the community.

11) The Condo Security Rule: For those in condos, leaving the summons with a Condominium Chief Security Officer is now a valid substituted service.

12) Office Service: For defendants who are natural persons, the sheriff can leave it with a competent person in charge of the defendant's office or regular place of business. To be considered a competent person in charge, he/she must customarily receive correspondence for the defendant.

13) The "Exclusive List" (Domestic): For domestic corporations, you can only serve summons upon the President, Managing Partner, General Manager, Corporate Secretary, Treasurer, or In-house Counsel.

14) The Secretary Rule: If the officers above are unavailable, you can serve summons upon their respective secretaries.

15) Receivership or liquidation: In case the domestic juridical entity is under receivership or liquidation. service of summons shall be made on the receiver or liquidator. as the case may be.

16) Foreign Corporations: Service can be made to their resident agent or, if none, to the government official designated by law, such as the Insurance Commission for foreign insurance companies. Service can also be made on any of its officers, agents, directors or trustees within the Philippines. This is for foreign corporations that have transacted or are doing business in the Philippines.

17) Service by Counsel: If a lawyer appears for a defendant who was not served, the court shall deputize that lawyer to serve the summons on his own client.

18) Service via Email: The court may now authorize service via E-mail.

19) International Service: For defendants outside the Philippines, summons can be served by personal service; in ways provided for by international conventions to which the Philippines is a party; or by publication plus registered mail to the defendant's last known address.

20) Spouses: Service on one spouse does not automatically count as service on the other. Each of them must be served with summons individually.

21) Minors and Incompetents: Summons must be served on the minor/incompetent and their guardian or parent.

22) Prisoners: If the defendant is in prison, summons is served by the officer having management of the jail or institution (who is then deemed a "special sheriff").

23) The 30-Day Service: The server must serve the summons within 30 calendar days from the date of receipt, and submit a return to the court within 5 days from service. Return is what we call a written report by the sheriff or process server to the court, giving details on how the summons was served, or explaining why it was not served.

24) Voluntary Appearance: If the defendant files an Answer, or asks the court for a favorable remedy (affirmative relief) such as a motion for extension of time to file an Answer, or if his attorney files an entry of appearance, the summons is considered served.

25) The Jurisdiction Shield: Under the 2019 rules, challenging the court's jurisdiction over the person of the Defendant is not considered a voluntary appearance.