SERVICE OF SUMMONS

Upon Whom To Whom By Whom Served When allowed Requirements/Notes

Sheriff
Sheriff’s deputy This is the general rule—
None.
Other proper court always.
officer
(1) In case of failure of If plaintiff:
service of summons; and
Plaintiff and sheriff
(2) Upon authorization of Is a Juridical entity— it shall (1)
the court notify the court, in writing, and
(2) name its authorized
representative therein,
(3) attaching a board resolution
or secretary's certificate thereto,
as the case may be,
(3a) stating that such
GR: Any defendant
representative is duly authorized
(1) (a) In cases where to serve the summons on behalf
summons is to be served of the plaintiff.
outside the judicial region of
Plaintiff
the court where the case is Misrepresents that the
pending and (b) upon defendant was served summons
authorization of the court and it was later proved
otherwise,
(1) the case shall be dismissed
with prejudice
(2) the proceedings shall be
nullified, and
(3) the plaintiff shall be meted
appropriate sanctions.
Client of Upon the client Counsel of Record of Where (1) the summons is improperly served and
Counsel client (2) a lawyer makes a special appearance on behalf of the
defendant to, among others, question the validity of service of
summons,
(3) the counsel shall be deputized by the court to serve summons
 on his or her client
Service may be effected upon all
the defendants by serving

(1) upon any one of them, or

(2) upon the person in charge of
An entity
the office or place of business EWJP: Persons associated in an entity without juridical personality
without
maintained in such name. are sued under the name by which they are generally or
juridical
commonly known
personality
But such service shall not bind
individually any person whose
connection with the entity has,
upon due notice, been severed
before the action was filed.
The officer having
the management of
Prisoners The jail warden shall file a return
such jail or When the defendant is a
confined in a Service shall be effected upon him within five (5) calendar days
institution who is prisoner confined in a jail or
jail or or her from service of summons to the
deemed as special institution
institution defendant.
sheriff for the said
purpose.
Service shall be made upon

(1) him or her personally and on

his or her legal guardian if he or
Insane or
she has one, or
Incompetent
(2) if none, upon his or her
guardian ad litem whose
appointment shall be applied for
by the plaintiff
*same as above*
Minor
(3) His or her parent or guardian
If spouses are sued jointly, (1) each
Spouses
spouse individually
Domestic Service may be made on the DPJE: A corporation, partnership
 (1) president,
(2) managing partner,
(3) general manager,
(4) corporate secretary,
(5) treasurer, or
(6) in-house counsel of the
corporation wherever they may be
found, or
in their absence or unavailability,
(7) on their secretaries

If such service cannot be made

upon any of the foregoing persons,
(8) upon the person who
or association organized under
private customarily receives the
the laws of the Philippines with a
juridical entity correspondence for the defendant
juridical personality
at its principal office.

In case the domestic juridical entity

is under receivership or liquidation,
(9) on the receiver or liquidator, as
the case may be.

Should there be a refusal on the

part of the persons above-
mentioned to receive summons
despite at least three (3) attempts
on two (2) different dates, service
may be made (10) electronically, if
allowed by the court.
Foreign Private (1) on its resident agent designated FPJE: A foreign private juridical
Juridical in accordance with law for that entity which has transacted or is
Entities purpose, or, doing business in the Philippines,
if there be no such agent, as defined by law
(2) on the government official If (a) the foreign private juridical
designated by law to that effect, or entity is not registered in the
 Philippines, or
(b) has no resident agent but has
transacted or is doing business in
it, as defined by law,

such service may, (1) with leave

of court, be effected outside of
the Philippines (2) through any of
the following means:

(a) By personal service coursed

through the appropriate court in
the foreign country with the
(3) on any of its officers, agents, assistance of the DFA;
directors or trustees within the
Philippines (b) (b1) By publication once in a
newspaper of general circulation
in the country where the
defendant may be found and
(b2) by serving a copy of the
summons and the court order by
registered mail at the last known
address of the defendant;
(c) By facsimile;
(d) By electronic means with the
prescribed proof of service; or
(e) By such other means as the
court, in its discretion, may
direct.
Public (1) On its executive head, or
Corporations, (2) on such other officer or officers
LGUs as the law or the court may direct
Republic of the
the Solicitor General
PH
Defendant Within ninety (90) calendar days DWUI: Defendant designated as
with Unknown from the commencement of the an an unknown owner, or the
 Identity action, service may, by leave of like
court, be effected

(1) upon him or her by publication

in a newspaper of general
circulation and in such places and
DWUW: Defendant whose
Defendant for such time as the court may
whereabouts are unknown and
with Unknown order.
cannot be ascertained by diligent
Whereabouts
inquiry
Any order granting such leave shall
specify a reasonable time, which
shall not be less than sixty (60)
calendar days after notice, within
which the defendant must answer.
Service may, by leave of court, be
Residents Defendant who ordinarily resides
also effected out of the Philippines,
temporarily within the Philippines, but who is
as under the preceding Section
out of the PH temporarily out of it
(see extraterritorial service).

Mode of
Service of How When allowed Requirements/Notes
Summons
(1) By (1a) handing a copy thereof to
the defendant in person and
(1b) informing the defendant that he or
she is being served, or,
Personal
Whenever practicable
service
If he or she refuses to receive and sign
for it, (2) by leaving the summons
within the view and in the presence of
the defendant.
Substituted (1) By leaving copies of the summons at (1) If, for justifiable causes, A competent person includes, but is not
Service the defendant's residence to a person (2) the defendant cannot be served limited to, one who customarily receives
at least eighteen (18) years of age and personally after at least three (3) correspondences for the defendant.
of sufficient discretion residing therein; attempts on two (2) different dates
 (2) By leaving copies of the summons at
the defendant's office or regular place
of business with some competent
person in charge thereof.
If refused entry upon making his or her
authority and purpose known:

(3) By leaving copies of the summons

with any of the officers of the
homeowners' association or
condominium corporation, or its chief
security officer in charge of the
community or the building where the
defendant may be found; and

If allowed by court:
(4) By sending an electronic mail to the
defendant's electronic mail address.
Service
Consistent Through methods which are consistent
with with established international
International conventions to which the PH is a party
Conventions
Extraterritorial Service may, by leave of court, be When (1) the defendant does not reside
Service effected out of the Philippines and is not found in the Philippines, and
(2) the action affects
(1) by personal service as under Section (2a) the personal status of the plaintiff or
6; or as provided for in international relates to, or
conventions to which the Philippines is (2b) the subject of which is, property
a party; or within the Philippines, in which the
(2) by publication in a newspaper of defendant has or claims a lien or
general circulation in such places and interest, actual or contingent, or in which
for such time as the court may order, in the relief demanded consists, wholly or
which case a copy of the summons and in part, in excluding the defendant from
order of the court shall be sent by any interest therein, or
registered mail to the last known (2c) the property of the defendant has
 address of the defendant, or in any
other manner the court may deem
sufficient.
Any order granting such leave shall
been attached within the Philippines
specify a reasonable time, which shall
not be less than sixty (60) calendar days
after notice, within which the
defendant must answer.

Proof of service: service of summons by other means available under the Rules.
Failure to comply with the order shall cause the dismissal of
(1) in writing by the server and the initiatory pleading without prejudice.
(2) shall set forth the manner, place, and date of service; 2. Summons shall remain valid until duly served, unless it is
(3) shall specify any papers which have been served with the process recalled by the court.
and the name of the person who received the same; and 3. In case of loss or destruction of summons, the court may,
(4) shall be sworn to when made by a person other than a sheriff or upon motion, issue an alias summons.
his or her deputy. 4. There is failure of service after unsuccessful attempts to
personally serve the summons on the defendant in his or her
If summons was served by electronic mail, address indicated in the complaint. Substituted service should
(1) a printout of said e-mail, be in the manner provided under Section 6 of this Rule.
(2) with a copy of the summons as served, and 5. Leave of Court. — Any application to the court under this Rule
(3) the affidavit of the person mailing for leave to effect service in any manner for which leave of
court is necessary shall be made by motion in writing,
If the service has been made by publication, service may be proved by supported by affidavit of the plaintiff or some person on his
(1) the affidavit of the publisher, editor, business or advertising behalf, setting forth the grounds for the application.
manager, 6. The defendant's voluntary appearance in the action shall be
a. to which affidavit a copy of the publication shall be equivalent to service of summons. The inclusion in a motion to
attached and dismiss of other grounds aside from lack of jurisdiction over
(2) by an affidavit showing the deposit of a copy of the summons the person of the defendant shall be deemed a voluntary
and order for publication in the post office, postage prepaid, appearance.
directed to the defendant by registered mail to his or her last 7. See rules on return in the pasted screenshot.
known address.

Situations about summons:

1. If summons is returned without being served on any or all the
defendants, the court shall order the plaintiff to cause the