General Principles:

When summons are issued

Receipt of initiatory Issuance of summons Service of

Within 5 calendar days Within 30 calendar days Within 5 calendar days Return
pleading by the clerk of court summons

NOTE: Court shall dismiss the case, when it appears from the pleadings or the evidence on record that: (1) court has no jurisdiction over the subject matter; (2) that there
is another action pending between the same parties for the same cause; or (3) that the action is barred by prior judgement; or (4) by the statute of limitations.

By whom served:

Sheriff, his or her deputy, other proper court officer In general

Plaintiff 1. In case of failure of service by sheriff, his or her deputy, or other proper court
1. Natural Person officer, the court may authorize the plaintiff to serve the summons together with
2. Juridical Person – shall notify the court, in writing, and name its authorized the sheriff;
representative therein, attaching a board resolution or secretary’s certificate 2. In cases where summons is to be served outside the judicial region of the court
thereto, as the case may be, stating that such representative is duly authorized where the case is pending
to serve the summons on behalf of the plaintiff.

Plaintiff misrepresents that the defendant was served summons, and it is later proved The case shall be dismissed with prejudice, the proceedings shall be nullified, and the
that no summons was served plaintiff shall be meted with appropriate sanctions

If summons is returned without being served on any or all the defendants The court shall order the plaintiff to cause the service of summons by other means
available under the Rules. Failure to comply with the order shall cause the dismissal of
the initiatory pleading without prejudice.

Person of the defendant

• By handing a copy thereof to the defendant in person and informing the defendant that he or she is being service; or
• If he or she refuses to received and sign for it, by leaving the summons within the view and in the presence of the defendant.

Substituted service – if for justifiable causes, the defendant cannot be served personally after at least three (3) attempts on two (2) different dates, service may be effected:

1. By leaving copies of the summons at the defendant’s residence to a person at least eighteen (18) years of age and of sufficient discretion residing therein;
2. By leaving the copies of the summons at the defendant’s office or regular place of business with some competent person in charge thereof. (A competent person includes,
but is not limited to, one who customarily received correspondence for the defendant);
3. By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the officers of the homeowner’s association or
condominium corporation, or its chief security officer in charge of the community or the building where the defendant may be found; and
4. By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court.
Natural Persons To whom service of summons be made Mode of service of summons

Spouses If sued jointly – service of summons should be made to

each spouse individually.
Minors, insane or otherwise incompetent Service of summons shall be made upon him or her
personally and on his or her legal guardian ad litem whose
appointment shall be applied for by the plaintiff.

In case of a minor, service shall also be made on his or

her parent or guardian.
Prisoners Service of summons shall be effected upon him or her by
the officer having the management of such jail or institution
who is deemed as a special sheriff for said purpose.
Residents temporarily out of the country Service may, by leave of court, be effected out of the
(Constructive service) Philippines:
1. By personal service as under Section 6
When an action is commenced against a defendant who (substituted service);
ordinarily resides within the Philippines, but who is 2. As provided for in international conventions to
temporarily out of it. which the Philippines is a party;
3. By publication in a newspaper of general
circulations 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;
4. In any other manner the court may deem
sufficient.

Non-resident defendant and not found in the Philippines Action affects the following: Service may, by leave of court, be effected out of the
(Extraterritorial service of summons) 1. Personal status of the plaintiff and relates to; Philippines:
2. Involved the property of the defendant situated in 5. By personal service as under Section 6
the Philippines: (substituted service);
a. Defendant has or claims a lien or interest , 6. As provided for in international conventions to
actual or contingent; which the Philippines is a party;
b. A relief excluding the defendant from any 7. By publication in a newspaper of general
interest therein; or circulations in such places and for such time as
c. The property has been attached. 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;
8. 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 60 calendar days after
notice, within which the defendant must answer.
Defendants whose identity or whereabouts are unknown; Service may, by leave of court, be effected upon him or
when considered: Constructive service her by publication in a newspaper of general circulation
and in such places and for such time as the court may
(cannot be ascertained within 90 calendar days from the order.
commencement of the action)
 Any order granting such leave shall specify a reasonable
time, which shall not be less than 60 calendar days after
notice, within which the defendant must answer.

Juridical Persons To whom made Mode of service of summons

Public corporations Service of summons may be effected on the Solicitor

General

In case of 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.
Domestic private juridical entity Service of summons may be made on the President, Personal service
Managing Partners, General Manager, Corporate Substituted service
Secretary, Treasurer, or In-House Counsel of the
corporation wherever they may be found or in their
absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing

persons, it shall be made upon the person who customarily
received the correspondence for the defendant at its
principal office.
Domestic private juridical entity – when under receivership Service of summons shall be made on the receiver or
or liquidation liquidator, as the case may be.
Foreign juridical entity doing business in the Philippines Service may be made on its resident agent designated in
accordance with law for that purpose

If there is no agent – on the government official designated

by law to that effect or any of its officers, agents, directors
or trustees within the Philippines.
Foreign juridical entity not registered in the Philippines but No resident agent Service of summons, with leave of court, be effected
has transacted or is doing business in the Philippines outside the Philippines through any of the following
means:
1. By personal service coursed through the
appropriate court in the foreign country with the
assistance of the Department of Foreign Affairs;
2. By publication once in a newspaper of general
circulation in the court 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;
3. By facsimile;
4. By electronic means with the prescribed proof of
service; or
5. By such other means as the court, in its discretion
may direct.
Juridical entity without juridical personality Service of summons may be effected upon all the
defendants by serving upon any of them, or upon the
person in charge of the office or place of business
maintained in such name.

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.