1 of 19

Edu Notes
Atty’s Discussion:

Cases:

Rule 10
“Amended and Supplemental Pleadings”
Section 1. - Amendments in general
Pleadings may be amended by adding or
*Navarro vs Vda. de Taroma, 478 SCRA 336
- Sec 2, refers to an amendment made before
the trial court, not to amendments before the
Court of Appeals. The Court of Appeals is
vested with discretion to admit or deny
amended petitions file before it.

striking out an allegation or the name of any

party, or by correcting a mistake in the name of *Bautista vs. Maya-Maya Cottages, Inc., 476
a party or a mistaken or inadequate allegation SCRA 416
or description in any other respect, so that the - A motion to dismiss is not a responsive
actual merits of the controversy may speedily pleading. The plaintiff, may file an amended
be determined, without regard to technicalities, complaint even after the original complaint
and in the most expeditious and inexpensive was ordered dismissed, provided that the
manner.
order of dismissal is not yet final.

Notes:
*Siasoco vs. CA, GR No. 132753, Feb. 15, 1999
- Where some but not all the defendants have
Atty’s Discussion:
answered, plaintiffs may amend their
*As regards amendments, the Rule should be complaint once, as a matter of right, in
liberally applied.
respect to claims asserted solely against the
non-answering defendants, but not as to
Cases:
claims asserted against the other defendants

Section 2. - Amendments as a matter of right *Vlason Enterprises Corporation vs. CA, GR No.
121662-64, July 6, 1999

A party may amend his pleading once as - A service of a New Summons for the
a matter of right at any time before a amended complaint is required when the trial
responsive pleading is served or, in the case of court has not yet acquired jurisdiction over
a reply, at any time within 10 days after it is the defendants.

served.

*Philippine Court Authority vs. Gothong and

Notes:
Aboitiz

- The Supreme Court allowed substantial

Instances when amendment is a matter of right:
amendment even when it amended the
cause of action or the defense

1) Amendment of complaint before an answer

is filed;
*However, the court cannot order the
2) Amendment of answer before a reply is filed amendment when there is no cause of action in
or before the period for filing a reply the first place or when the court has no
expires;
jurisdiction.

3) Amendment of reply any time within 10

days after it is served; and
Section 3. - Amendments by leave of court
4) Formal amendment.

Except as provided in the next preceding

This right may be exercised only ONCE. Hence, Section, substantial amendments may be made
even if no responsive pleading has yet been only upon leave of court. But such leave may
served, if the amendment is subsequent to a be refused if it appears to the court that the
previous amendment made as matter of right, motion was made with intent to delay. Orders of
the subsequent amendment must be with leave the court upon the matters provided in this
of court.
Section shall be made upon motion filed in
court, and after notice to the adverse party, and
*Alpine Lending Investors vs. Corpus, 508 an opportunity to be heard.

SCRA 45
The remedy of Mandamus is available if the Notes:

court refuses to admit an amended pleading Atty’s Discussion:

when its exercise is a matter of right, because Cases:

the trial court’s duty to admit an amended

complaint made as a matter of right is purely Section 4.- Formal amendments
ministerial.

 2 of 19
Edu Notes
A defect in the designation of the parties Notes:

and other clearly clerical or typographical errors Atty’s Discussion:

may be summarily corrected by the court at any Cases:

stage of the action, at its initiative or on motion,

provided no prejudice is caused thereby to the Section 8. - Effect of amended pleadings
adverse party.

An amended pleading supersedes the

Notes:
pleading that it amends. However, admissions
Atty’s Discussion:
in superseded pleadings may be received in
Cases:
evidence against the pleader; and claims or
defenses alleged therein not incorporated in the
amended pleading shall be deemed waived.

Section 5.- Amendment to conform to or

authorize presentation of evidence Notes:

When issues not raised by the pleadings The rule is that, the amended pleading
are tried with the express or implied consent of supersedes the original pleading. However, all
the parties, they shall be treated in all respects the admission in the original pleading may be
as if they had been raised in the pleadings. received as evidence.

Such amendment of the pleadings as may be

necessary to cause them to conform to the Atty’s Discussion:

evidence and to raise these issues may be

made upon motion of any party at any time, Take note that the CLAIMS AND DEFENSES
even after judgement; but failure to amend not alleged therein NOT incorporated in the
does not affect the result of the trial of theses amended pleading shall be DEEMED WAIVED.

issues. If evidence is objected to at the trial on

the ground that it is not within the issues made Cases:

by the pleadings, the court may allow the

pleadings to be amended and shall do so with
liberality if the presentation of the merits of the Rule 11
action and the ends of substantial justice will
be subserved thereby. The court may grant a “When to File Responsive Pleadings”
continuance to enable the amendment to be
made.
Section 1. - Answer to the complaint

Notes:
The defendant shall file his answer to the
complaint within 15 days after service of
Atty’s Discussion:
summons, unless a different period is fixed by
Cases:
the court.

Section 6.- Supplemental pleadings Notes:

Atty’s Discussion:

Upon motion of a party the court may, Cases:

upon reasonable notice and upon such terms

as are just, permit him to serve a supplemental Section 2.- Answer of a defendant foreign
pleading setting forth transactions, occurrences private juridical entity
or events which have happened since the date
of the pleading sought to be supplemented. Where the defendant is a foreign private
The adverse party may plead thereto within 10 juridical entity and service of summons is made
days from notice of the order admitting the on the government official designated by law to
supplemental pleadings.
receive the same, the answer shall be filed
within 30 days after receipt of summons by
Notes:
such entity.

Atty’s Discussion:

Cases:
Notes:

Atty’s Discussion:

Section 7. - Filing of amended pleadings Cases:

When any pleading is amended, a new Section 3.- Answer to amended complaint
copy of the entire pleading, incorporating the

amendments, which shall be indicated by Where the plaintiff files an amended

appropriate marks, shall be filed.
complaint as a matter of right, the defendant
 3 of 19
Edu Notes
shall answer the same within 15 days after A compulsory counterclaim or a cross-
being served with a copy thereof.
claim that a defending party has at the time he
files his answer shall be contained therein.

Where its filing is not a matter of right,

the defendant shall answer the amended Notes:

complaint within 10 days from notice of the Atty’s Discussion:

order admitting the same. An answer earlier Cases:

filed may serve as the answer to the amended

complaint if no new answer is file.
Section 9.- Counterclaim or cross-claim arising
after answer
Notes:

Atty’s Discussion:
A counterclaim or a cross-claim which
Cases:
either matured or was acquired by a party after
serving his pleading may, with the permission
Section 4.- Answer to counterclaim or cross- of the court, be presented as a counterclaim or
claim a cross-claim by supplemental pleading before
judgment.

A counter or cross-claim must be

answered within 10 days from service.
Notes:

Atty’s Discussion:

Notes:
Cases:

Atty’s Discussion:

Cases:
Section 10.- Omitted counterclaim or cross-
claim

Section 5.- Answer to third (fourth, etc.)- party

complaint
When a pleader fails to set up a counterclaim or
The time to answer a third (fourth, etc.)- a cross-claim through oversight, inadvertence,
party complaint shall be governed by the same or excusable neglect, or when justice requires,
rules as the answer to the complaint.
he may, by leave of court, set up the
counterclaim or a cross-claim by supplemental
Notes:
pleading before judgment.

Atty’s Discussion:

Cases:
Notes:

Atty’s Discussion:

Section 6.- Reply Cases:

A reply may be filed within 10 days from Section 11.- Extension of time to plead
service of the pleading responded to.

Upon motion and on such terms as may

Notes:
be just, the court may extend the time to plead
Atty’s Discussion:
provided in these Rules.

Cases:

The court may also, upon like terms,

Section 7.- Answer to supplemental complaint allow an answer or other pleading to be filed
after the time fixed by these Rules.

A supplemental complaint may be

answered within 10 days from notice of the Notes:

order admitting the same, unless a different Atty’s Discussion:

period is fixed by the court. The answer to the Cases:

complaint shall serve as the answer to the

s u pp l e m e n t a l c om plaint if no new or Rule 12
supplemental answer is filed.

“Bill of Particulars”
Notes:

Atty’s Discussion:
Section 1.- When applied for (Purpose)
Cases:

Before responding to a pleading, a party

Section 8.- Existing counterclaim or cross-claim may move for a definite statement or for a bill
of particulars of any matter which is not averred
with sufficient definiteness or particularity to
enable him properly to prepare his responsive
 4 of 19
Edu Notes
pleading. If the pleading is a reply, the motion motion, which shall not be less than 5 days in
must be filed within 10 days from service any event.

thereof. Such motion shall point out the defects

complained of, the paragraphs wherein they are Notes:

contained, and the details desired.

Atty’s Discussion:

Cases:

Notes:

Atty’s Discussion:

Section 6.- Bill a part of pleading

The remedy may be availed by either the
plaintiff or the defendant.
A bill of particulars becomes part of the
pleading for which it is intended.

Cases:

Notes:

Section 2.- Action by the court Atty’s Discussion:

Cases:

Upon the filing of the motion, the clerk of

court must immediately bring it to the attention
of the court which may either deny or grant it Rule 13
outright, or allow the parties the opportunity to
be heard.
“Filing and Service of Pleadings,
Judgements and Other Papers”
Notes:

Atty’s Discussion:

Cases:
Section 1.- Coverage
Section 3.- Compliance with order This Rule shall govern the filing of all
pleadings and other papers, as well as the
If the motion is granted, either in whole service thereof, except those for which a
or in part, the compliance therewith must be different mode of service is prescribed.

effected within 10 days from notice of the order,

unless a different period is fixed by the court. Notes:

The bill of particulars or a more definite Atty’s Discussion:

statement ordered by the court may be filed Cases:

either in a separate or in an amended pleading,

serving a copy thereof on the adverse party.

Section 2.- Filing and service (Defined)

Notes:

Atty’s Discussion:
Filing is the act of presenting the
Cases:
pleading or other paper to the clerk of court.

Section 4.- Effect of non-compliance Service is the act of providing a party

with a copy of the pleading or paper
If the order is not obeyed, or in case of concerned. If any party has appeared by
insufficient compliance therewith, the court may counsel, service upon him shall be made upon
order the striking out of the pleading or the his counsel or one of them, unless service upon
portions thereof to which the order was the party himself is ordered by the court. Where
directed or make such other order as it deems one counsel appears for several parties, he
just.
shall only be entitled to one copy of any paper
served upon him by the opposite side.

Notes:

Atty’s Discussion:
Notes:

Cases:

“Filing” is the act of presenting the pleading or

Section 5.- Stay of period to file responsive other paper to the clerk of court.
pleadings
“Service” is the act of providing a party with a
After service of the bill of particulars or copy of the pleading or per concerned.

of a more definite pleading, or after notice of

denial of his motion, the moving party may feel
his responsive pleading within the period to Instances where direct service upon the party
which he was entitled at the time of filing his may be ordered:

 5 of 19
Edu Notes
1. When the attorney of record cannot be
located, either because he gave no address Notes:

or changed his given address;

2. An order to show cause why a party should Manner of Filing:

not be punished for contempt for 1. Personal service; made by presenting the
disobeying a special judgment.
original copies thereof, plainly indicated as
such, personally to the clerk of court; or

2. Registered Mail; should be through the

Atty’s Discussion:
registry service which is made by deposit of
the pleading in the post office, and not
through other means of transmission.

Cases:

In the first mode, the clear shall indicate or

*Celestial v. People, GR No. 214865, August endorse on the playing or paper filed, the date
19, 2015
and hour of filing.

- When a party is represented by counsel in an

action in court, notices of all kinds, including In the tendon mode, the date of mailing, as
motions and pleadings of all parties and all shown by the post office stamp on the
orders of the court must be served on his envelope or registry receipt, shall be
counsel
considered as the date of filing, payment or
deposit in court. The rule also requires that the
*Waterfront Cebu City Casino Hotel, Inc. v. envelope be attached to the record of the case.

Ledesma, GR No. 197556, March 25, 2015

- Notice to the counsel is effective notice to Atty’s Discussion:

the client, while notice to the client and not

his counsel is not notice in Law.
Cases:

*Heirs of Mendoza vs. CA, GR No. 170247, *Benguet Electric Cooperative, Inc. vs. NLRC,
September 17,2008
GR No. 89070, May 18, 1992

- Notice or service made upon a party who is
represented by counsel is nullity. As a Rule,
notice to the client and not to his counsel of
record is not notice in law unless in instance
when the court or tribunal orders service
- If a private carrier is availed of by the party,
the date of actual receipt by the court of
such pleading and not the date of delivery to
the private carrier, is deemed to be the date
of the filing of the pleading.

upon the party or when technical defect in

the manner of notice is waived.
Section 4- Papers required to be filed and
served
*Sublay vs. NLRC, GR No. 130104, January 31,
2000
Every judgement, resolution, order,
- Where party is represented by more than one pleading subsequent to the complaint, written
counsel of record, service of notice on any of motion, notice, appearance, demand, offer of
the latter is sufficient.
judgment or similar papers shall be filed with
the court, and served upon the parties affected.

Notes:

Section 3.- Manner of filing

Papers Required to be Filed and Served:

The filing of pleadings, appearances,

motions, notices, orders, judgements and all 1. Pleadings subsequent to the complaint;

other papers shall be made by presenting the 2. Appearance;

original copies thereof, plainly indicated as 3. Written Motion;

such, personally to the clear of court or by 4. Judgment;

sending them by registered mail. In the first 5. Order;

case, the clerk of court shall endorse on the 6. Notice;

pleading the date and hour of filing. In the 7. Demand;

second case, the date of the mailing of 8. Offer of Judgment;

motions, pleadings, or any other papers or 9. Resolution; or

payments or deposits, as shown by the post 10. Similar papers.

office stamp on the envelope or the registry

receipt, shall be considered as the date of their Atty’s Discussion:

filing, payment, or deposit in court. The Cases:

envelope shall be attached to the record of the

case.

 6 of 19
Edu Notes
Section 5.- Modes of service *Personal service is deemed complete upon
actual delivery.

Service of pleadings, motions, notices,

orders, judgments and other papers shall be Atty’s Discussion:

made either personally or by mail.

Cases:

Notes:

Two modes of Service:

Section 7.- Service by mail
1) personally; or

2) mail.
Service by registered mail shall be made
by depositing the copy in the post office, in a
*However, if personal service and service by sealed envelope, plainly addressed to the party
mail cannot be made, service shall be done by or his counsel at his office, if known, otherwise
“substitutive service”, which is done by at his residence, if known, with postage fully
delivering the copy to the clerk of court with pre-paid, and with instructions to the
proof of failure of both personal and service by postmaster to return the mail to the sender
mail.
after 10 days if undelivered. If no registry
service is available in the locality of either the
Atty’s Discussion:
sender or the addressee, service may be done
Cases:
by ordinary mail.

Notes:

Section 6.- Personal service

Service by Mail

Service of the papers may be made by a. Registered mail — Service by registered

delivering personally a copy to the party or his mail shall be made:

counsel, or by leaving it in his office with his

clerk or with a person having charge thereof. If i. By depositing the copy in the post office

no person is found in his office, or his office is ii. In a sealed envelope,

not known, or he has no office, then by leaving iii. Plainly addressed to the party or his
the copy, between the hours of eight in the counsel at his office, if known,

morning and six in the evening, at the party’s or iv. Otherwise at his residence, if known,

counsel’s residence, if known, with a person of v. With postage fully pre-paid, and

sufficient age and discretion then residing vi. With instructions to the postmaster to
therein.
return the mail to the sender after 10 days if
undelivered.

Notes:

*Service by ordinary mail is complete upon the

Personal Service
expiration of 10 days after mailing, unless the
a. Delivering a copy of the papers personally court otherwise provides.

to the party, who is not represented by a

counsel, or to his counsel;
b. Ordinary mail — If no register service is
b. by leaving the papers in the counsel’s office available in the locality of either the sender or
with his clerk or with a person having the addressee.

charge thereof; or
- It does not constitute filing until the papers
c. If no person is found in his office, or if his are actually delivered into the custody of the
office is unknown, or if he has no office, by clerk of court or the judge.

leaving the copy at the party’s or counsel’s

residence, if known, with a person of *Service by registered mail is complete upon
sufficient age and discretion residing therein actual receipt by the addressee, or after five
between 8 a.m. and 6 p.m.
days from the date he received the first notice
of the postmaster, whichever is earlier.

*This is the preferred mode of service. If

another mode of service is used, it must be Atty’s Discussion:

accompanied by a written explanation why the Cases:

service or filing was not done personally.

Except, in the case of service of papers
emanating from the court. VIOLATION of this Section 8.-Substituted service
explanation requirement may be cause for the
peer to be considered as not having been filed.
If service of pleadings, motions, notices,
resolutions, orders and other papers cannot be
made under the two preceding sections, the

Edu Notes
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
7 of 19
- A judgment or final order served by ordinary
mail does not become executory since the
service is fatally defective.

proof of failure of both personal service and

service by mail. The service is complete at the *Aujero v. Philippine Communications Satellite
time of such delivery.
Corporation, GR. No. 193484, January 18, 2012

- Where a copy of the decision is served on a

Notes:
person who was neither a clerk nor one in
charge of the attorney’s office, such service
Substituted Service
is invalid and the decision did not become
- By delivering the copy to the clerk of court executory.

with proof of failure of both personal and

service by mail.
*Garrucho v. CA, GR. No. 143791, January 14,
- This failure occurs when the office and 2005

residence of the park or counsel is unknown.

- In the absence of a proper and adequate
*Substituted service is complete at the time of
delivery the copy to the clerk of court, with
proof of failure of both personal service and
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 their counsel on record

service by mail.

Section 10.- Completeness of service

Atty’s Discussion:

Cases:
Section 9.- Service of judgements, final orders
or resolutions
Judgments, final orders or resolutions
shall be served either personally or by
Personal service is complete upon actual
delivery. Service by ordinary mail is complete
upon the expiration of 10 days after mailing,
unless the court otherwise provides. Service by
registered mail is complete upon actual receipt
by the addressee, or after 5 days from the date
he received the first notice of the postmaster,
whichever date is earlier.

registered mail. When a party summoned by

publication has failed to appear in the action,
judgments, final orders or resolutions against Notes:

him shall be served upon him also by

publication at the expense of the prevailing Completeness of service
party.

Personal service Upon actual delivery

Notes:
Service by ordinary mail 10 days after mailing,
unless otherwise provided
Judgments, final orders or resolutions shall be by the court
served either:

Service by registered Which ever is earlier:

1. By personal service;
mail (1) Actual receipt by the
2. By registered mail; or
addressee; or

3. By publication, if:
(2) 5 days after addressee
(a) A party is summoned by publication; and
received postmaster’s
(b) Such party failed to appear in the action
notice

Substituted Service At the time of delivery of

*They CANNOT be served by substituted the copy to the clerk of
service
court together with proof
of failure of both personal
*A party is not considered as having been service and service by
mail
served with the judgement merely because he
heard the judge dictating the said judgment in
open court; it is necessary that he be served Atty’s Discussion:

with a copy of the signed judgment that has Cases:

been filed with the clerk of court.

*Quelnan v. VHF Philippines, GR No. 138500,

Atty’s Discussion:
September 16, 2005

- The Rule on completeness of service by

Cases:
registered mail only provides for a disputable
presumption. The burden is on petitioner to
*Vda. de Espíritu v. CFI of Cavite, GR No. show that the postmasters notice never
L-30486, October 31, 1972
reached him and that he did not acquire
knowledge of the judgment.


Edu Notes
Section 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.
Notes:
General Rule: Personal filing and service is
preferred.
Exception: Papers emanating from the court.
*Resort to other modes of filing and service
must be accompanied by an explanation why
the service/filing was not done personally. If
there is no written explanation, the paper is
considered not filed.
Atty’s Discussion:
Atty’s Discussion:
Cases:
a written admission of the party served, or the
*Marinduque Mining and Industrial Corp. v. CA,
GR No. 161219, October 6, 2008
party serving, containing a full statement of the
- When recourse is made to the other modes,
a written explanation why service or 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.
registry receipt issued by the mailing office.
- Lack of manpower to effect personal service
is acceptable for it satisfactorily shows why
personal service was not practicable.
in lieu thereof the unclaimed letter together with
*Solar Team Entertainment, Inc. vs. Ricafort, GR
No. 132007, August 5, 1998
- In adjudging the plausibility of an
explanation, a court shall likewise
considerate importance of the subject matter
of the case of the issues involved therein,
and the prima facie merit of the pleading
sought to be expunged for violation of
Section 11.
statement of the date/place/manner of
Section 12.- Proof of filing
The filing of a pleading or paper shall be
proved by its existence in the record of the
case. If it is not in the record, but is claimed to
have been filed personally, the filing shall be
8 of 19
proved by the written or stamped
acknowledgment of its filing by the clerk of
court on a copy of the same; if filed by
registered mail, by the registry receipt and by
the affidavit of the person who did the mailing,
containing a full statement of the date and
place of depositing the mail in the post office in
a sealed envelope addressed to the court, with
postage fully prepared, and with instructions to
the postmaster to return the mail to the sender
after 10 days if not delivered.
Notes:
The filing of a pleading or paper shall be proved
by its existence in the record.
Proof of Filing
Personal filing Written or stamped
acknowledgment by the
clerk of court
Filing by registered mail (1) Registry receipt, and
(2) Affidavit of the person
who did the mailing
Cases:
Section 13.- Proof of service
Proof of personal service shall consist of
official return of the server, or the affidavit of the
date, place and manner of service. If the
service is by ordinary mail, proof thereof shall
consist of an affidavit of the person mailing of
facts showing compliance with Section 7 of this
Rule. If service is made by registered mail,
proof shall be made by such affidavit and the
The registry return card shall be filed
immediately upon its receipt by the sender, or
the certified or sworn copy of the notice given
by the postmaster to the addressee.
Notes:
Personal Service:
(1) Written admission of the party served; or
(2) Official return of the server; or
(3) Affidavit of the party serving, with a full
service.
Registered mail:
(1) Affidavit of the person mailing showing
compliance with Rule 13, section 7; and
(2) The registry receipt issued by the mailing
office.

 9 of 19
Edu Notes
rights of the party who caused it to be
Ordinary mail:
recorded.

(1) Affidavit of person mailing, of facts showing

compliance with Sec 7 of Rule 13.
Notes:

Substituted Service
Lis pendens is a latin term which literally means
(1) At the time of delivery of the copy to the a pending suit or a pending litigation.

clerk of court together with proof of dilute of

both personal service and service by mail.
The following may feel a notice of lis pendent:

1. The plaintiff — at the time of filing the

Duties of sender when service is effected by complaint; and

registered mail:
2. The defendant —

(1) The registry return card shall be filed i. At the time of filing his answer (when
immediately upon its receipt by the sender; affirmative relief is claimed in such answer);
or
or

(2) The unclaimed letter tother with the certified ii. At any time afterwards.

or sworn copy of the notice given by the

postmaster to the addressee shall likewise A notice of lis pendens is proper in the
be filed immediately.
following cases:

General Rule: Service to the lawyer binds the (1) An action to recover possession of real
party, But service to the party does not bind the estate;

lawyer.
(2) An action to quiet title thereto;

(3) An action to remove clouds thereon;

Exception: The ordered by the court in under (4) An action for partition; and

the following circumstances:

(5) Any other proceedings of any kind in Court
(1) When it is doubtful who the attorney for directly affecting the title to the land or the
such party is; or
use or occupation thereof or the buildings
(2) When the lawyer cannot be located; or
thereon.

(3) When the party is directed to do something

personally, as wen he is ordered to show The doctrine has no application in the following
cause.
cases:

(1) Preliminary attachments;

Atty’s Discussion:
(2) Proceedings for the probate of wills;

Cases:
(3) Levies on execution;

(4) Proceedings for administration of estate of

deceased persons; and

Section 14.- Notice of lis pendent (5) Proceedings in which the only object is the
recovery of a money judgment

In an action affecting the title or the right

of possession of real property, the plaintiff and The notice of lis pendens may be cancelled
the defendant, when affirmative relief is claimed only upon order of the court, after proper
in his answer, may record in the office of the showing that:

registry of deeds of the province in which the (1) The purpose of its action is for molesting
property is situated a notice of the pendency of the adverse party, or

the action. Said notice shall contain the names (2) It is not necessary to protect the rights of
of the parties and the object of the action or the party who caused it to be annotated.

defense, and a description of the property in

that province affected thereby. Only from the *P.D. No 1529, otherwise known as Property
time of filing such notice for record shall a Registration Decree, Sec. 77

purchaser, or encumbrancer of the property - It may also be cancelled by the Register of

affected thereby, be deemed to have Deeds upon verified petition of the party who
constructive notice of the pendency of the caused the registration thereof.

action, and only of its pendency against the

parties designated by their real names.
*Filing for cancellation of the notice of lis
pendens should be done during the pendency
The notice of lis pendens hereinabove of the case and not when it is already final and
mentioned may be cancelled only upon order of executory pursuant to Sec 77 of P.D. No. 1529.

the court, after proper showing that the notice

is for the purpose of molesting the adverse Atty’s Discussion:

party, or that it is not necessary to protect the Cases:

 10 of 19
Edu Notes
When the defendant does not voluntarily
*AFP Mutual Benefit Association, Inc vs. CA, submit to the court’s jurisdiction or when
GR No. 104769, March 3, 2000
there is no valid service of summons, any
- Notice of lis pendens is an announcement to judgment of the court which has no
the whole world that a particular real jurisdiction of the defendant is null and void.

property is in litigation, serving as a waring

that one who acquires an interest over the Question: Is there a need for new summons if a
said property does so at his own risk, or that complaint is amended before defendant’s
he gambles on the result of the litigation over appearance in court?

the said property.

Answer: *Pan-Asiatic Travel Corp. vs. CA, GR.

*Gagoomal v. Sps. Villacorta, GR No. 192813, No. L-62781, August 19, 1988

January 18, 2012

- If the defendant had not yet appeared, a new
- Even if a party initially avails of notice of lis summons must be served upon him as
pendens upon the filing of a case in court, regards the amended complaint, otherwise
such notice is rendered nugatory if the case the court would have no power to try the new
turns out to be a purely personal action. In cause of action alleged therein, unless he
such event, the notice of lis pendens had lodged an answer thereto.

becomes functus officio.

- However, if the defendant had already
appeared in response to the first summons,
*Fernandez v. CA, GR. No. 115813, October 16, so that he was already in court when the
2000
amended complaint was filed, then ordinary
- A notice of lis pendens cannot be ordered service of that pleading upon him, personally
cancelled on an ex parte motion, much less or by mail, would be sufficient, and no new
without any motion at all. Neither can it be summons need be served upon him.

ordered cancelled upon the mere filing of a

bond by the party on whose title the notice is *DE Dios vs. CA, GR. No. 80491, August 12,
annotated.
1992

- The Rule is that it is only when new causes

of action are alleged in an amended
complaint filed before defendant has
Rule 14 appeared in court that other summons must
be served on the defendant with the
“Summons” amended complaint.

Riano:
*Atkins vs. Domingo, GR. No. L-19565, March
24, 1923

“Summons” is the writ by which the defendant - But when the defendant was declared in
is notified of the action brought against him or default on the original complaint and the
her.
plaintiff subsequently filed an amended
complaint, new summons must be served on
Two-fold purpose:
the defendant on the amended complaint, as
(1) To acquire jurisdiction over the person of the original complaint was deemed
the defendant;
withdrawn upon such amendment.

(2) To notify the defendant that an action has

been commenced so that he may be given Question: What if an additional defendant is
an opportunity to be heard on the claim joined in the action?

against him.

Answer: General Rule - Summons must be

The issuance of summons is not discretionary served upon him.

on the part of the court or clerk of court but is a

mandatory requirement
Exceptions:

(1) Where it is sought to bring in the

Knowledge by the defendant or but its agents administrator of a deceased party
of an action filed against it does not dispense defendant in substitution of the deceased;

with the need for summons

(2) Where upon the decease of the original
defendant his infant heirs are made parties;
San Beda Memory Aid:
and

*Manotoc v. CA, GR No. 130974, August 16, (3) In cases of substitution of the deceased
2006
under Section 16 of Rule 3

- Without a valid service, the court CANNOT

acquire jurisdiction over the defendant,
unless the defendant voluntarily submits to it.
 11 of 19
Edu Notes
*How will will you contest the irregularity of the
UP Reviewer:
service of summons?

- by filing a motion to dismiss for lack of

*Licaros vs. Licaros, GR. No. 150656 (2003)
jurisdiction over the person of the defendant.

- A summons is the writ by which the

defendant is notified of the action brought Types of Summons:

against him.
- Alias Summons

- (find)

Contents:

(1) Summons shall be:

Who serves summons?

- Directed to the defendant,

- The summons may be served by the sheriff,
- Signed by the Clerk of Court under Seal
his deputy, or other Proper court officer, or
for justifiable reason by any suitable person
(2) Summons shall contain:
authorized by the court issuing the
- The name of the court, and the names of the summons.

parties to the action;

- A direction that the defendant answer within Defendants

the time fixed by the Rules; and

(1) Natural;

- A notice that unless the defendant so - defendant who is not a minor;

answers, plaintiff will take judgment by - defendant is a minor or incompetent

default and may be granted the relief applied - prisoner

for.
- defendant is unknown;

- defendant who is temporarily absent;

(3) The following shall be attached to the - Non-resident absent from the Philippines

original and each copy of the summons:

- A copy of the complaint; and

(2) Juridical persons;

- An order for appointment of guardian ad (a) Public

litem (if any)

- unincorporated;

- with original charters;

Persons who may serve Summons

- LGUs

(1) The Sheriff

(b) Private

(2) His Deputy

- Foreign Corporation

(3) Other proper court officer

w/ license - can sue and can be sued

(4) Any suitable person authorized by the w/o license, doing business - can be sued

court, for justifiable reasons.

doing business but only on isolated
transactions - can sue

*The enumeration of person who may validly to protect good will or to protect rights IPL -
serve summons is exclusive
can sue

- Domestic Corporation

Purpose of Summons in an Action in personam

- To acquire jurisdiction over the person of the (3) Entities authorized by law as parties;

defendant in a civl case;

Examples:

- To give notice to the defendant that an action - corporation by estoppel

has been commenced against him.

- partnership by estoppel

Purpose of Summons in Actions in rem and (4) Entity without juridical personality (Section
quasi in rem
8).

- Not to acquire jurisdiction over the defendant

but mainly to satisfy the constitutional Types of actions:

requirement of due process

(1) Action in personam

- Jurisdiction over the defendant is not

required and the court acquires jurisdiction Examples:

over and action as long as it acquires - specific performance

jurisdiction over the res.

- collection of a sum of money

- injunction

Atty.’s Preliminary discussion:

- ejectment

*Effect of invalid service of summons:

General Rule: Service of summons must be
- The court will not acquire jurisdiction over made personally

the person of the defendant; and

- Any judgment by the court is void.

Exception: substituted service of summons
when he cannot be served summons within a
reasonable period of time.

 12 of 19
Edu Notes

*Manotoc case
Notes:

- there must be 3 attempts to serve the

summons personally, in 2 separate instances
The Summons shall contain the following
matters:

(2) Action in rem

(1) The name of the court and the names of the
- Cadastral cases
parties to the action;

- Land registration
(2) A direction that the defendant answer within
the time fixed by the Rules (15 days from
Rule: service of summons by publications
receipt);

(3) A notice that unless the defendant so

(3) Quasi- in rem
answers, plaintiff will take judgment by
- Foreclosure of mortgage
default and may be granted the relief
- Petition for forfeiture proceeding
prayed for.

- Action for partition

A copy of the complaint shall be attached to

Rules on Service of summons is the same as in the original and each copy of the summons.
an action in personam.
The failure to attach a copy of the complaint to
the summons is a mere technical defect and
the service of summons vests jurisdiction in the
Cases:
court over the defendant who may thereby be
*E.B Villarosa & Partner, Ltd. vs. Benito, 312 declared in default for failure to file an action.

SCRA 65

-
Atty’s Discussion:

Cases:

*ACME case

Section 3.- By whom served

Section 1.- Clerk to issue summons
Upon the filing of the complaint and the
payment of the requisite legal fees, the clerk of
court shall forthwith issue the corresponding
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.

summons to the defendants.

Notes:

Notes:

Summons may be served by: (Enumeration is

The Summons shall be issued upon:
EXCLUSIVE)

(1) The filing of the complaint; and

(1) Sheriff;

(2) The payment of the requisite legal fees.

(2) Sheriff’s deputy;

(3) Other Proper court officer; or

Atty’s Discussion:
(4) For Justifiable reasons, by any suitable
Cases: person authorized by the court issuing the
summons.

Section 2.- Contents

Atty’s Discussion:

The summons shall be directed to the Cases:

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.
mail, to the plaintiff’s counsel, and shall return
A copy of the complaint and order for
Section 4.- Return
When the service has been completed,
the server shall, within 5 days therefrom, serve
a copy of the return, personally or by registered
the summons to the clerk who issued it,
accompanied by proof of service.

appointment of guardian ad litem, if any, shall

be attached to the original and each copy of
the summons.

 13 of 19
Edu Notes

Service in Person vs. Personal Service

Notes:

Personal Service Service in Person

When the service has been completed, the (Rule 13, Sec 6) (Rule 14, Sec 6)
server shall, within 5 days therefrom:
As to Coverage
(1) Serve a copy of the return, personally or by
registered mail, to the plaintiff’s counsel; Applies to all pleadings Applies only to summons
and
(Except complaint),
judgments and other
(2) Return the summons to the clerk who orders
issued it, accompanied by proof of service.

As to Manner of Performance
Atty’s Discussion:
(1) On counsel or party;
(1) Handing copy in
Cases:
(2) By leaving copy in his person; or

office; or
(2) Tendering it to him
(3) Leaving copy in his
Section 5.- Issuance of alias summons residence with person
of sufficient age and
discretion
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 5 days therefrom. In Atty’s Discussion:

such a case, or if the summons has been lost, Cases:

the clerk, on demand of the plaintiff, may issue

an alias summons.
Section 7.- Substituted service

Notes:
If, for justifiable causes, the defendant
Atty’s Discussion:
cannot be served within a reasonable time as
Cases:
provided in the preceding section, service may
be effected (a) by leaving copies of the
summons at the defendant’s residence with
Section 6.- Service in person on defendant some person of suitable age and discretion
then residing therein, or (b) by leaving the copy
Whenever practicable, the summons at defendant’s office or regular place of
shall be served by handing a copy thereof to business with some competent person in
the defendant in person, or, if he refuses to charge thereof.

receive and sign for it, by tendering it to him.

Notes:

Notes:

Service in person on defendant

If, for justifiable causes, the defendant cannot
(1) By handing a copy of summons to the be served within a reasonable time as provided
defendant in person; or
under Section 6:

(2) by tendering it to him, if he refuses to (1) By leaving copies of the summons at the
receive and sign for it.
defendant’s residence with some person of
suitable age and discretion residing therein;
The plaintiff does not have a free choice on the or

mode of service of summons. It needs to be (2) By leaving the copies at defendant’s office
noted that the service in person is the preferred or regular place of business with some
mode of service of summons.
competent person in charge thereof.

Requisites of a valid substituted service:

(1) Service of summons within a reasonable

time is impossible;

(2) The person serving the summons exerted

Efforts to locate the defendant;

(3) The person to whom the summons is

served is of sufficient age and discretion;

(4) The person to whom the summons is

served Resides at the defendant’s place of
residence; and

 14 of 19
Edu Notes
(5) Pertinent facts showing the enumerated
circumstances are stated in the Return *Collado Acorte vs. Rabena, A.M. No.
service.
P-09-2665, August 4, 2009

- The sheriff must describe in the Return of

Service by Publication:
Summons the facts and circumstances
- Available only in actions in rem and quasi in surrounding the attempted personal service.

rem.

- Against a resident, the recognized mode of *Manotoc vs. CA, GR. No. 130974, August 16,
service is service in person of the defendant 2006

under Sec. 6 of the Rule 14. In a case where - For substituted service of summons to be
the defendant cannot be served within a available, there must be several attempts by
reasonable time, substituted service will the sheriff to personally serve the summons
apply following Sec. 7, Rule 14, ROC, but within a reasonable time ( 15- 30 days/ 1
NOT summons by publication.
month) which eventually resulted in failure to
serve such summons.

Constructive Service by Publication

- Summons by publication, however, against a *Collado Acorte vs. Rabena, A.M. No.
resident in an action in personam is P-09-2665, August 4, 2009

permissible under the conditions set forth in - Several attempts means at least 3 tries,
the following rules:
preferably on at least 2 different dates.

(1) Where the identity or whereabouts of the

defendant are unknown;
(3) The person to whom the summons is
(2) W h e n t h e d e f e n d a n t i s a re s i d e n t served is of sufficient age and discretion;

temporarily out of the Philippines.

*Manotoc vs. CA, GR. No. 130974, August 16,

*Santos vs. PNOC, GR. No. 170943, 2006

September 23, 2008

- A person of suitable age and discretion is
- The present Rule expressly sets that it applies one who has attained the age of full legal
“in any action where the defendant is capacity and is considered to have enough
designated as an unknown owner, or the like, or discernment to understand the importance of
whenever his whereabouts are unknown and summons.

cannot be ascertained by diligent inquiry.” - If the substituted service will be done at

Thus, it now applies to any action, whether in defendant’s office or regular place of
personam, in rem or quasi in rem.
business, then it should be served on a
competent person in charge of the place.
Atty’s Discussion:
Thus, the person on whom the substituted
service will be made must be:

Cases:

*Jose vs. Boyon, GR. No. 147369, October 23, (a) The one managing the office or business of
2003
defendant, such as the president or manager;
- Only when service in person cannot be made and

promptly can the process server resort to

substituted service
(b) Such individual must have sufficient
knowledge to understand the obligation of the
// On Requisites:
defendant in the summons, its importance, and
the prejudicial effects arising from inaction on
(1) Service of summons within a reasonable the summons.

time is impossible;

*Ang vs. Chinatrust Commercial Bank Corp.,

*Manotoc vs. CA, GR. No. 130974, August 16, GR No. 200693

2006
- A “Competent person in charge” refers to
- Reasonable time is defined as so much time one managing the office or the business,
as is necessary under the circumstance for a such as president, manager or the office- in -
reasonably prudent and diligent man to do, charge. A property custodian cannot be
conveniently, what the contract or duty requires considered as such.

that should be done, having regard for the

rights and possibility of loss, if any, to the other
party. Under the Rules, the service of summons
has no set period.

(2) The person serving the summons exerted

Efforts to locate the defendant;

 15 of 19
Edu Notes
Section 8.- Service upon entity without juridical
personality

When persons associated in an entity

Substituted Service of
Summons
(Rule 14, Sec. 7)
If summons cannot be
served to the defendant in
person, summons is
served at the residence of
the defendant with some
without juridical personality are sued under the
Substituted Service of name by which they are generally or commonly
Pleadings, motions, known, service may be effected upon all the
notices, etc. defendants by serving upon any one of them,
(Rule 13, Sec. 8) or upon the person in charge of the office or
If personal service or place of business maintained in such name.
service by registered mail But such service shall not bind individually any
cannot be made, service person whose connection which the entity has,
is made by delivering the upon notice, been severed before the action
copy to the clerk of court was brought.

person of suitable age and

discretion residing therein
or at the defendant’s office Notes:

or regular place of
business with some Service may be effected upon all the defendant
competent person in by serving summons upon:

charge thereof. (1) Any one of them; or

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

(4) The person to whom the summons is place of business maintained in such name.

served Resides at the defendant’s place of

residence; and
Such service shall not bind individually any
(5) Pertinent facts showing the enumerated person whose connection with he entity has
circumstances are stated in the Return upon due notice, been served before the action
service.
was brought.

Atty’s Discussion:

Question: What is the effect if the Defendant Cases:

Prevents Service of summons?

Answer: * Robinson vs. Miralles, GR, No. Section 9.- Service upon prisoners
163584, December 12, 2006

- In his Return, the sheriff declared that he was
refused entry by the security guard in the
subdivision. The latter informed him that
petitioner prohibits him from allowing
anybody to proceed to her residence
whenever she is out. Obviously, it was
When the defendant is a prisoner
confined in a jail or 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.

impossible for the sheriff to effect personal or

substituted service of summons upon Notes:

petitioner. Considering her strict instruction

to the security guard, she must bear its Service shall be effected upon him by the
consequences. The summons was, officer having the management of such jail or
therefore, Properly SERVED.
institution.

*Palma vs. Galvez, GR. No. 165273, March 10, For this purpose, the jail manager is deemed
2010
deputized as a special sheriff

- Residence refers to the place where the

person named in the summons is living at the Atty’s Discussion:

time when the service is made, even though Cases:

he may be temporarily out of the country at

the time

Section 10.-Service upon minors and

*Keister vs. Navarro, GR. No. L-29067, May 31, incompetents
1997

- Similarly, the terms “Office” or “Regular place
of business” refer to the office or place of
business of defendant at the time of service.
made upon him personally and on his legal
When the defendant is a minor, insane or
otherwise an incompetent, service shall be
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
 16 of 19
Edu Notes
minor, service may also be made on his father
or mother.
Atty’s Discussion:

Cases:

Section 12.-Service upon foreign private

juridical entity
Notes:

When defendant is a minor. Summons should When the defendant is a foreign private
be served upon the minor, regardless of his juridical entity which has transacted business in
age, and upon his legal guardian, or also upon the Philippines, service may be made on its
either of his parents.
resident agent designated in accordance with
law for the purpose, or, if there be no such
In the case of an incompetent. Service must agent, on the government official designated by
also be served on him personally and upon his law to that effect, or on any of its officers or
legal guardian, but not upon on his parents, agents within the Philippines.

unless, obviously, when they are his legal

guardians.
If the foreign private juridical entity is not
registered in the Philippines or has no resident
agent, service may, with leave of court, be
In any event, if the minor or incompetent has no effected out of the Philippines through any of
legal guardian, the plaintiff must obtain the the following means;

appointment of a guardian ad litem for him.

a) By personal service coursed through the

Atty’s Discussion:
appropriate court in the foreign country with
Cases:
the assistance of the Department of Foreign
Affairs;

b) By publication once in a newspaper of

Section 11.- Service upon domestic private
juridical entity.
When the defendant is a corporation,
partnership or association organized under the
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;

laws of the Philippines with a juridical c) By facsimile or any recognized electronic

personality, service may be made on the means that could generate proof of service;
president, managing partner, general manager, or

corporate secretary treasurer, or in house d) By such other means as the court may in its
counsel
discretion direct. (As amended by A.M. No.
11-3-6-SC, March 15, 2011.)

Notes:

Service may be made upon the following Notes:

persons: (ENUMERATION EXCLUSIVE)

Service upon a foreign private juridical entity

(1) General manager;
which has transacted business in the
(2) President;
Philippines may be made on:

(3) Managing partner;

(1) Its resident agent designated in
(4) In-house counsel;
accordance with law for that purpose;

(5) Corporate secretary; or

(2) On the government official designated by
(6) Treasurer.
law to that effect, if there be no such agent;
or

*E.B. Villarosa & Partner Co., Ltd., vs. Benito, (3) On any of its officers or agents within the
GR No. 136426, August 6, 1999
Philippines.

- The designation of persons or officers who

are authorized to accept summons for a
domestic corporation or partnership is not
limited and more clearly specified in Section
11, Rule 14 of the 1997 Rules of Civil
Procedure. The Phrase “agent, or any of its
directors” is conspicuously deleted in the
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:

new Rule.
(1) By personal service coursed through the
appropriate court in the foreign country with
the assistance of the Department of Foreign
Affairs;

 17 of 19
Edu Notes
Cases:

(2) By publication once in a newspaper of

general circulation in the country where the Section 15.- Extraterritorial service
defendant may be found and by serving a
copy of the summons and the court order when the defendant does not reside and
by registered mail at the last known address is not found in the Philippines, and the action
of the defendant;
affects the personal status of the plaintiff or
(3) By Facsimile or any recognized electronic relates to, or the subject of which is, property
means that could generate proof of service; within the Philippines, in which the defendant
or
has or claims a lien or interest, actual or
(4) By such other means as the court may in its contingent, or in which the relief demanded
discretion direct.
consists, wholly or in part, in excluding the
defendant from any interest therein, or the
property of the defendant has been attached
Atty’s Discussion:
within the Philippines, service may, by leave of
Cases:
court, be effected out of the Philippines by
personal service as under Section 6; or by
publication in a newspaper of general
Section 13.- Service upon public corporations circulation in such places and for such time as
the court may order, in which case a copy of
When the defendant is the Republic of the summons and order of the court shall be
the Philippines, service may be effected on the sent by registered mail to the last known
Solicitor General; in case of a province, city or address of the defendant, or in any other
municipality, or like public corporations, service manner the court may deem sufficient. Any
may be effected on its executive head, or on order granting such leave shall specify a
such other officer or officers as the law or the reasonable time, which shall not be less than
court may direct.
60 days after notice, within which the

defendant must answer.

Notes:

Service may be effected on:

Notes:

(1) The Solicitor general, when the defendant is The specific actions, which are either in rem or
the Republic of the Philippines or when a quasi in rem are:

suit is directed against an unincorporated (1) Actions that affect the personal status of
government agency.
the plaintiff;

(2) Its executive head, or on such other officer
or officers as the law or the court may
direct, in case of province, city or
municipality, or like public corporation.
actual or contingent;
(2) Actions which Related to, or the subject of
which is properly within the Philippines in
which defendant claims a lien or interest,

(3) Actions in which the relief demanded

Atty’s Discussion:
consists, wholly or in part in excluding the
Cases:
defendant form any interest in property
located in the Philippines; or

(4) When the property of the defendant has

Section 14.- Service upon defendant whose been attached in the Philippines.

identity or whereabouts are unknown

Service of summons may be made through
In any action where the defendant is extraterritorial service of summons; all of which
designated as an unknown owner, or the like, or require a prior leave of court:

whenever his whereabouts are unknown and (1) Personal service as under Section 6, Rule
cannot be ascertained by diligent inquiry, 14; or

service may, by leave of court, be effected (2) Publication in a newspaper of general

upon him by publication in a newspaper of circulation

general circulation and in such places and for

such time as the court may order.
In this case;

(1) a copy of the summons; and

Notes:
(2) the order of court must also be sent by
registered mail to the last known address of
Service of summons, with leave of court, by the defendant; or any other manner the
publication in a newspaper of general court may deem sufficient.

circulation; this applies to any kind of action

either in personam, in rem or quasi in rem.

Atty’s Discussion:

Atty’s Discussion:
Cases:

 18 of 19
Edu Notes
sworn to when made by a person other than a
Section 16.- Residents temporarily out of the sheriff or his deputy.

Philippines
Notes:

When any action is commenced against The proof of service of summons shall:

a defendant who ordinarily resides within the (1) Be made in writing by the server and shall
Philippines, but who is temporarily out of it, set forth the manner, place and date of
service may, be leave of court, be also effected service;

out of the Philippines, as under the preceding (2) Specify: (a) any peppers which have been
section.
served with the process; and (b) The name
of the person who received the same; and

Notes:
(3) Be sworn to when made by a person other
than a sheriff or his deputy.

For Action either in personam, in rem or quasi

in rem. Service may, by leave of court, be
effected out of the Philippines as under the Atty’s Discussion:

Rules on extraterritorial service in Sec. 15 of Cases:

Rule 14.

*Palma vs. Galvez

Section 19.- Proof of service by publication
- Substituted service of summons under the
present Sec. 7, ROC in a suit in personal If the service has been made by
against residents of the Philippines temporarily publication, service may be proved by the
absent therefrom is the normal method of affidavit of the printer, his foreman, or principal
service of summons that will confer jurisdiction clerk, or of the editor, business or advertising
on the court over such defendant.
manager, to which affidavit a copy of the
publication shall be attached, and by an
affidavit showing the deposit of a copy of the
Atty’s Discussion:
summons and order for publication in the post
Cases:
office, postage prepaid, directed to the
defendant by registered mail to his last known
address.

Section 17.- Leave of court

Notes:

Any application to the court under this If the service has been made by publication,
Rule for leave to effect service in any manner service may be proved:

for which leave of court is necessary shall be
made by motion in writing, supported by
affidavit of the plaintiff or some person on his
behalf, setting forth the grounds for the
application.
and
(1) By the 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 e attached;

(2) By an affidavit showing the deposit of a

Notes:
copy of the summons and order for
Any application to the court under this Rule for publication in the post office, postage
leave to effect service in any manner for which prepaid directed to the defendant by
leave of court is necessary shall be made:
registered mail to his last known address.

(1) By motion in writing; and

(2) Supported by affidavit, setting forth Atty’s Discussion:

grounds for application.

Cases:

Atty’s Discussion:
Section 20.- Voluntary appearance
Cases:

The defendant’s voluntary appearance in

Section 18.- Proof of service
The proof of service of a summons shall
be made in writing by the server and shall set
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.

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
 19 of 19
Edu Notes
appearance in court and should not be
Notes:
construed as a submission by the defendant
The court may acquire jurisdiction over the of his person to the jurisdiction of the court.

person of the defendant without service of

summons or despite a defective service of *Onstott vs. Upper Tagpos Neighborhood
summons.
Association Inc., GR. No. 221047, September
14, 2016

To constitute voluntary appearance, it must be - Objections to the jurisdiction of the court over
the kind that amounts to a voluntary the person of the defendant must be explicitly
submission tot he jurisdiction of the court.
made. Failure to do so constitutes voluntary
submission to the jurisdiction of the court,
Instances of actions amounting to voluntary especially in instances where a pleading or
appearance:
motion seeking affirmative relief is filed and
(1) When the defendant files a corresponding submitted to the court for resolution.

pleading thereon;

(2) When the defeat files a motion for

reconsideration of the judgment by default;

(3) When the defendant files a petition to set

aside the judgment of default; or

(4) W h e n t h e p a r t i e s j o i n t l y s u b m i t a
compromise agreement for the approval of
the court

Atty’s Discussion:

The defendant’s voluntary appearance

tantamount to his submission to the court’s
jurisdiction.

*Take note. 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. This is also in
consonance with the omnibus motion rule.

Cases:

*David vs. Agbay, GR. No. 199113, March 18,

2015

- As a General Rule, one who seeks an

affirmative relief is deemed to have
submitted to the jurisdiction of the court.
Seeking an affirmative relief in court, whether
in civil or criminal proceedings, constitutes
voluntary appearance, except in cases when
the defendant invokes the special jurisdiction
of the court by impugning such jurisdiction
over his person.

*La Naval Drug Corporation vs. Court of

Appeals, GR No. 103200, August 31, 1994

- 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.

*French Oil Mill Machinery Co. vs. RTC, GR.

No. 126477, September 11, 1998

- The filing of an answer per se should not be

treated automatically as voluntary
appearance. When the appearance is
precisely to object to the jurisdiction of the
court over his person, it is not considered an