Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 127 views

    Summons Report

    Uploaded by

    ylessin
    The document discusses summons under Rule 14. It defines summons as a writ notifying a defendant of an action against them. The clerk of court issues summons upon filing of a complaint and payment of fees. Summons can be served by sheriffs, deputies, or authorized persons. It must include details of the court, parties, response deadline, and consequences of no response. Substituted and published service are allowed in some cases.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Summons Report

    Uploaded by

    ylessin
    127 views19 pages
    The document discusses summons under Rule 14. It defines summons as a writ notifying a defendant of an action against them. The clerk of court issues summons upon filing of a complaint and payment of fees. Summons can be served by sheriffs, deputies, or authorized persons. It must include details of the court, parties, response deadline, and consequences of no response. Substituted and published service are allowed in some cases.

    Original Description:

    gffgjkhbijkbikj,jhnikuj,hn k,

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses summons under Rule 14. It defines summons as a writ notifying a defendant of an action against them. The clerk of court issues summons upon filing of a complaint and payment of fees. Summons can be served by sheriffs, deputies, or authorized persons. It must include details of the court, parties, response deadline, and consequences of no response. Substituted and published service are allowed in some cases.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    127 views19 pages

    Summons Report

    Uploaded by

    ylessin
    The document discusses summons under Rule 14. It defines summons as a writ notifying a defendant of an action against them. The clerk of court issues summons upon filing of a complaint and payment of fees. Summons can be served by sheriffs, deputies, or authorized persons. It must include details of the court, parties, response deadline, and consequences of no response. Substituted and published service are allowed in some cases.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    You are on page 1of 19

    SUMMONS

    RULE 14

    PREPARED BY: JUSTIN DE JESUS


    WHAT ARE SUMMONS?

    Republic vs. Domingo:


    • Summons – is the writ by which the defendant is notified of the action brought against him.
    • An important part of notice, according to Sec. 2 of Rule 14, is a direction that the defendant
    should answer the complaint within the period fixed by the Rules and that, unless he so
    answers, plaintiff will take judgment by default and may be granted the relief applied for.
    WHO ISSUES?

    • CLERK OF COURT upon:


    – Filing of the complaint
    – The payment of the requisite legal fees

    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 summons to the
    defendants
    WHO SERVES?

    • SHERIFF
    • HIS DEPUTY
    • OTHER PROPER COURT OFFICER
    • ANY SUITABLE PERSON AUTHORIZED BY COURT (FOR JUSTIFIABLE REASONS)
    WHEN DEFENDANT RECEIVES
    SUMMONS
    • Knowledge by the defendant or its agents of an action filed against him does not dispense with
    the need for summons.
    • Whatever be the nature of the action involved, is to satisfy the requirements of procedural due
    process.
    • NOTE: STRICT COMPLIANCE RULE - modes of service must be strictly followed in order
    that the court may acquire jurisdiction over the person.

    EXCEPTION: Manotoc vs. CA: Without a valid service of summons, the court cannot acquire
    jurisdiction over the person of the defendant UNLESS the defendant voluntarily submits to
    the court’s jurisdiction.
    EXCEPTION:

    Section 20. Voluntary appearance. — The defendant's voluntary appearance in 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.
    CONTENT OF THE SUMMONS

    • NAME OF THE COURT


    • NAME OF THE PARTIES TO THE ACTION
    • A DIRECTION THAT THE DEFENDANT ANSWER WITHIN THE TIME FIXED BY THE
    RULES
    • A NOTICE THAT, UNLESS THE DEFENDANT SO ANSWERS, THE PLAINTIDD WILL TAKE
    JUDGMENT BY DEFAULT AND MAY BE GRANTED THE RELIEF PRAYED FOR.
    • A COPY OF THE COMPLAINT SHALL BE ATTACHED TO THE ORIGINAL AND EACH
    COPY OF THE SUMMONS.
    RETURN AND PROOF OF SERVICE

    • Completion of Service
    • Within 5 days
    • Serve a copy of the return (personally or by registered mail) to the plaintiff’s counsel
    • Return summons to the clerk accompanied by proof of service
    – Made in writing stating the manner, place and date of service
    SERVICE OF SUMMONS UPON AN ENTITY
    WITHOUT A JURIDICAL PERSONALITY
    • Sec. 15, Rule 3: When two or more persons not organized as an entity with juridical
    personality enter into a transaction, they may be sued under the name by which they are
    generally or commonly known
    • It may be effected upon all defendants by serving summons upon:
    – Anyone of them
    – Upon the person in charge of the office or of the place of business maintained in such name.
    SERVICE UPON A PRIVATE DOMESTIC
    JURIDICAL ENTITY
    • President
    • Managing partner
    • General Manager
    • Corporate Secretary
    • Treasurer
    • In-house counsel
    SERVICE UPON A PRIVATE FOREIGN
    JURIDICAL ENTITY
    • Resident agent designated in accordance with law for that purpose
    • On the government official designated by law to that effect
    • Any officers or agents of said foreign entity within the Philippines.
    SERVICE UPON A PRISONER

    • Effected upon the prisoner by the officer having the management of such jail or institution.
    • For this purpose, the JAIL MANAGER is deemed deputized as a special sheriff.
    SERVICE UPON A MINOR OR
    INCOMPETENT
    • Made upon him personally
    • On his legal guardian if he has one or if none,
    • Upon the guardian ad litem
    SERVICE UPON THE REPUBLIC OF THE
    PHILIPPINES
    • Sec. 13, Rule 14: THE OSG
    PUBLIC CORPORATIONS

    • Executive Head
    • Such other officers as the law or the court may direct
    SERVICE IN PERSON ON DEFENDANT

    • Section 6. Service in 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.
    • If he refuses to receive and sign it, the remedy of the server is to tender the summons to
    the defendant.
    • If person cannot be made promptly
    – Indicate impossibility if summons within a reasonable time
    – Specify the efforts exerted to locate the defendant
    – State that summons was served upon a person of sufficient age and discretion who is residing in the
    address or is in charge of the office or regular place of business of defendant
    SUBSTITUTED SERVICE OF SUMMONS

    • Leaving copies of the summons at the defendant’s residence


    • Leaving copies of the summons at the defendant’s office or regular place of business.
    SUMMONS BY PUBLICATION

    • JOSE v. BOYON: summons by publication applies only when the action is in rem or quasi in rem.
    • Summons by publication, however, against a resident in an action in personam is permissible
    under the conditions set forth in the following rules:
    – Sec. 14, Rule 14: where the identity or whereabouts of the defendants are unknown
    – Sec. 16, Rule 14: when the defendant is a resident temporarily out of the Philippines.

    – PUBLICATION: is a notice to the whole world that the proceeding has, for its object, to bar
    indefinitely all who might be minded to make an objection of any sort against the right sought to be
    established.
    EXTRATERRITORIAL SERVICE OF
    SUMMONS
    • The defendant is a nonresident
    • He is not found in the Philippines
    • The action against him is either in rem or quasi in rem

    Examples:
    • Actions that affect personal status of the plaintiff
    • Actions which relate to a property within the Philippines, which defendant claims an interest
    • Actions in which reliefe demanded consists in excluding the defendant from an interest in property
    located in the Philippines
    • When defendant’s property has been attached in the Philippines.

    You might also like