Service of Summons

In administrative proceedings, procedural rules governing service of summons are not
strictly construed, substantial compliance thereof is sufficient. The constitutional requirement of

due process with respect to service of summons only exacts that the service of summons be such
as may reasonably be expected to give notice desired.
The court considered as substantial compliance the service of summons by registered mail
at the respondents principal place of business. The court explained that technical rules of
procedure were not strictly applied in quasi-judicial proceeding and only substantial compliance
was requires (Scenarios, Inc. vs. Vinluan, 587 Phil 351(2008)
Regardless of the type of action - whether it is in personam, in rem or quasi in rem -

the preferred mode of service of summons is personal service. To avail themselves of
substituted service, courts must rely on a detailed enumeration of the sheriff's actions and a
showing that the defendant cannot be served despite diligent and reasonable efforts. The sheriff's
return, which contains these details, is entitled to a presumption of regularity, and on this basis,
the court may allow substituted service. Should the sheriff's return be wanting of these details,
substituted service will be irregular if no other evidence of the efforts to serve summons was
presented. Failure to serve summons will mean that the court failed to acquire jurisdiction over
the person of the defendant. However, the filing of a motion for new trial or reconsideration is
tantamount to voluntary appearance. Jurisdiction over the parties refers tothe power of the court
to make decisions that are binding on persons. The courts acquire jurisdiction over complainants
or petitioners as soon as they file their complaints or petitions. Over the persons of defendants or
respondents, courts acquire jurisdiction by a valid service of summons or through their voluntary
submission.78 Generally, a person voluntarily submits tothe court’s jurisdiction when he or she
participates in the trial despite improper service of summons. AURORA N. DE PEDRO vs
ROMASAN DEVELOPMENT CORPORATION G.R. No. 194751 LEONEN, J.:
(November 26, 2014)
Substituted service presupposes that the place where the summons is being served is the
defendant's current residence or office/regular place of business. Thus, where the defendant
neither resides nor holds office in the address stated in the summons, substituted service cannot
be resorted to. As we explained in Keister v. Navarro:
Under the Rules, substituted service may be effect[ed] (a) by leaving copies of the
summons at the defendant's dwelling house or 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. The terms "dwelling house" or
"residence" are generally held to refer to the time of service, hence it is not sufficient "to leave
the copy at defendant's former dwelling house, residence, or place of abode, as the case may be,
after his removal therefrom." They refer to the place where the person named in the summons is
living at the time when the service is made, even though he may be temporarily out of the
country at the time. Similarly, the terms "office" or "regular place of business" refer to the office
or place of business of defendant at the time of service. Note that the rule designates the persons
to whom copies of the process may be left. The rule presupposes that such a relation of
confidence exists between the person with whom the copy is left and the defendant and,
therefore, assumes that such person will deliver the process to defendant or in some way give
him notice thereof.
Denial of Due Process; absence of notice
Where an employee received no notice of administrative investigation against him, resulting in

his removal, he is entitled to reinstatement and back pay (Tabora v. Montelibano, 98 Phil 800
(1956)
There is violation of notice requirement of due process where the notice was sent to the residence
in the Philippines when in fact the employee was in the U.S. and that fact and his exact address
in the US was known to the officers and there appears no impediment for them to send the notice
in this correct address in the US and there being no indication that the employee was avoiding
service of legal notices. Notice by publication would also not be proper since the address of the
employee was not unknown. (Gonzales vs CSC, 226 SCRA 66 (1993))
There is violation where notice was sent to a government office, that he has already been
deactivated and where respondent no longer holds office in, instead of to the home address
earlier manifested to the investigating body (Nicolos vs. Desierto 447 SCRA 154 (2004)
Constructive service of notice – In disbarment proceeding, ther have been instances when
notices were never actually received by respondents but the court nevertheless deemed
them served and proceeded in deciding the case (In Re: Vicente Bayani, 337 SCRA 451 (A.C.
No. 5307, 2000)
Due process of law contemplates notice and opportunity to be heard before judgment is rendered
affecting one's person or property (Sicat v. Reyes, 100 Phil. 505; Lopez v. Director of Lands, 47
Phil. 23; Cornejo v. Gabuil, 41 Phil. 188; Austria v. Posadas, 48 Phil. 322; Rubi v. Provincial
Board of Mindoro, 39 Phil. 660; Ermita-Malate Hotel v. Mayor Alikpala, 20 SCRA 849;
Santiago v. Alikpala, 25 SCRA 356). But what the law proscribes is not the absence of
previous notice, but absolute absence thereof, and the lack of opportunity to be heard. Thus,
there is no occasion to impute deprivation of property where such complaining party was heard
on a motion for reconsideration as it constitutes "sufficient opportunity" for him to inform the
tribunal concerned of his side of the controversy (BLTB v. Cadiar, 22 SCRA 987).

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In administrative proceedings, procedural rules governing service of summons are not

strictly construed, substantial compliance thereof is sufficient. The constitutional requirement of

Regardless of the type of action - whether it is in personam, in rem or quasi in rem -

Denial of Due Process; absence of notice

Where an employee received no notice of administrative investigation against him, resulting in

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