MODES

MANNER OF FILING

PERSONAL SERVICE

REGISTERED MAIL

SUBSTITUTED SERVICE

Filing is made by presenting the Filing is made by sending the original original copies thereof, plainly copies by registered mail. FILING is the act of presenting the indicated as such, personally to the The date of mailing as shown by the pleading or other paper to the clerk of clerk of court. post office stamp on the envelope or court; The clerk of court shall endorse on the the registry receipt, shall be pleading the date and hour of filing. considered the date of filing.

If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections, the office and place of residence of the party/counsel being unknown, service may be made by delivering the copy to the clerk of court, with proof of Service of the papers may be made by Service by registered mail shall be failure of both personal service and MANNER OF SERVICE delivering personally: made by depositing the copy in the service of mail. - a copy to the party or his counsel post office, addressed to the SERVICE is the act of providing a party party/counsel at his office/residence, with a copy of the pleading or paper -leaving it in his office -leaving it at party s residence and with instructions to the PM to concerned; between 8am-6pm with a person of return the mail to the sender after 10 days if undelivered. sufficient age and discretion. Filing is proved by its existence in the Service is proved by the registry Proof may be made by the official record of the case; or, receipt and affidavit of the person receipt by the clerk of court of the proved by the written/stamped who did the mailing copy delivered, stamping therein the acknowledgment of its filing by the CC date received. Proof of personal service shall consist: -a written admission of the party served; or, -official return of the server; or, -affidavit of the party serving Proof of registered mail shall be made by such affidavit and registry receipt issued by the mailing office. The registry receipt card shall be filed immediately upon receipt by sender

PROOF OF FILING

PROOF OF SERVICE

COMPLETENESS

Personal service is complete upon Registered mail is complete upon The service is complete at the time of actual delivery actual receipt by the addressee, or such delivery. after 5 days from the date he received the first notice of the PM Ordinary mail: complete upon the expiration of 10 days after mailing

Q: WHAT IS A SUMMONS, ITS PURPOSE? A: Summons is the writ by which the defendant is notified of the action brought against him. Its purpose is to notify the defendant and to acquire jurisdiction over his person. Q: SERVICE OF SUMMONS IN AN ACTION IN PERSONAM, IN REM OR QUASI IN REM? A: In an action in personam, the valid service of summons is mandatory and is essential in acquiring jurisdiction over the person of the defendant. In an action in rem or quasi in rem, the valid service of summons is not mandatory, its purpose is to satisfy the constitutional requirements of due process. Q: WHO ISSUES SUMMONS? A: Upon the filing of the complaint and the payment of the requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to the defendants. (R14, Sec1) Q: WHAT ARE THE CONTENTS OF A SUMMONS? (R14, Sec2) A: the summons shall be directed to the defendants, signed by the clerk of court under seal, and shall contain -the name of the court and the parties -a direction that the defendant answer within the time fixed by these Rules (15 days) -a notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for. Q: BY WHOM SERVED? A: Sheriff, his deputy, or other proper court officer (process server), or for justifiable reasons by any suitable person authorized by the court issuing the summons. (R14, Sec3) Q: WHAT ARE THE DUTIES OF A SHERIFF/SERVER UPON COMPLETION OF SERVICE? A: The sheriff/server must serve a copy of the return, personally or by registered mail, to the plaintiff s counsel, and, shall return the summons to the clerk who issued it, accompanied by proof of service. Q: WHAT IS AN ALIAS SUMMONS? A: If summons is returned without being served, the server shall serve a copy to the plaintiff stating the reasons for the failure of service within 5 days. In such a case, or if summons has been lost, the clerk, on demand of the plaintiff, may issue an alias summons. Q: IF THE SERVICE OF SUMMONS WAS WITHOUT A COPY OF THE COMPLAINT, WHAT SHOULD THE RESPONDENT DO? A: despite the defect, the defendant is bound to comply with the summons where service was made. He must still appear in court to challenge its jurisdiction over his person; otherwise, his failure to do so would be considered a waiver of the defective service of summons.

SERVICE TO:

SERVICE TO WHOM: Whenever practicable, the summons shall be served by handling a copy thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him. SUBSTITUTED SERVICE (SEC7): If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof 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. When the defendant is a minor, insane or otherwise an incompetent, service shall be made upon him personally and on his father, mother, or legal guardian if he has one, or if none his guardian ad litem whose appointment shall be applied for by the plaintiff 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 service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel. (EXCLUSIVE) service may be made on its resident agent designated in accordance with law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within 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

Service in person on defendant (SEC 6)

Service upon prisoners (SEC 9)

Service upon minors and incompetents (SEC 10)

Service upon entity without juridical personality (SEC 8)

Service upon domestic private juridical entity (SEC 11)

Service upon foreign private juridical entities (SEC 12)

Service upon public corporations (SEC 13)

ALL WITH LEAVE OF COURT Section 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) Section 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) Section 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)