All There Is to Know About the Return of Summons (Rule 14, Section 18 of the 2019 Revised Rules of Civil Procedure)

Under Philippine civil procedure, once summons is issued, it must be served on the defendant(s) in a manner authorized by law. After the process server or sheriff completes service, the Rules require the preparation and filing of a Return of Summons. Below is a meticulous discussion of its essential features, governing rules, formal requirements, and legal implications.

1. Governing Legal Provision

The primary rule on the return of summons is found in Section 18, Rule 14 of the 2019 Revised Rules of Civil Procedure, which provides:

Section 18. Return. – When the service has been completed, the server shall, within five (5) calendar days therefrom, file with the court and serve a copy of the return personally or by registered mail to the plaintiff’s counsel, stating in the return the manner, place, and date of service. If substituted service was made, the server shall also state in the return the name of the person who received the summons and shall require the latter to sign or otherwise acknowledge receipt thereof. If the person served refuses to sign or give acknowledgment, that fact must be stated in the return.

2. Who Prepares the Return

Sheriff or Process Server
The sheriff or any proper court officer (or in some instances, a licensed courier authorized by the court) who actually serves the summons is responsible for preparing and signing the Return.
Private Person as Process Server
In rare circumstances permitted by the court, a private individual designated by the court to serve the summons may also make the Return, subject to the same form and content requirements.

3. Timeframe for Filing the Return

The process server must file the Return with the court within five (5) calendar days after completion of service.
A copy of the Return must also be served on the plaintiff’s counsel (not just on the plaintiff personally, unless the plaintiff is self-represented) either through personal service or registered mail.

Failure to file the Return within the prescribed period may delay the proceedings or cause confusion regarding the fact of service, although such delay does not necessarily invalidate an otherwise valid service of summons. Courts generally require sheriffs and process servers to be strict in observing this deadline to prevent unnecessary delays.

4. Contents of the Return

The Return must clearly and accurately reflect the details of service:

Date and Time of Service
The exact date (and preferably the time) when service was effected must be stated.
Manner of Service
- Personal Service: Indicate that summons was personally handed to the defendant.
- Substituted Service: If substituted service was resorted to, state the reason why personal service was impossible within a reasonable period, the identity of the person served (e.g., a competent person of suitable age and discretion at the defendant’s dwelling or residence), and the relationship of that person to the defendant.
- Other Modes (e.g., service on a domestic private juridical entity, service on foreign juridical entities, etc., if applicable): The Return should show compliance with the specific rules for these particular scenarios.
Place of Service
The specific address or location where the summons was served, including relevant details such as building or floor number, municipality, or city.
Name of Person Served (in case of substituted service)
- If personal service on the defendant is not feasible, the name of the individual who received the summons must be clearly indicated.
- The server should note any refusal to sign or acknowledge receipt.
Acknowledgment or Refusal to Acknowledge
- The Return must mention whether the person served signed or acknowledged receipt.
- If the person refused, that refusal and the circumstances thereof must be detailed.
Reasons for Non-Service (if unserved)
If the defendant could not be served, the process server must state the reasons—e.g., defendant moved to an unknown address, defendant is out of the country, address is incomplete or erroneous, or no such person at the given address.

The completeness and accuracy of these details are critical because courts rely heavily on the Return to determine if due process requirements have been met.

5. Evidentiary Value of the Return

Prima Facie Evidence: The Return of Summons is typically prima facie evidence of the facts it states regarding service. In other words, the courts presume the Return to be accurate unless there is clear and convincing evidence to the contrary.
Requirement of Good Faith and Regularity: Courts generally presume that the sheriff or process server performed their duties regularly, without prejudice to the defendant’s right to challenge the factual statements in the Return.

6. Consequences of an Inaccurate or Defective Return

Challenge to the Validity of Service
If the Return is incomplete, contains erroneous details, or fails to show compliance with the rules for personal or substituted service, the defendant may raise improper service of summons as a ground for dismissal or for questioning the court’s jurisdiction over his or her person.
Administrative Liability
A sheriff or process server who intentionally files a false Return or negligently omits crucial details may face administrative sanctions. The Supreme Court has repeatedly reminded court personnel of their duty to strictly observe the rules on service of summons.
Remedy for Plaintiff
If the Return shows non-service or defective service, the plaintiff may move for the issuance of alias summons or take additional steps to effect proper service, ensuring that the defendant is validly notified of the suit.

7. Return When Summons Is Unserved

If the summons cannot be served for any valid reason (e.g., the defendant has moved away, address not found, or there is no such person at the given address), the process server must:

State in the Return that service was attempted but not effected.
Provide detailed reasons why service could not be done.
File the Return within the same five (5)-day timeframe.

Once the court and plaintiff’s counsel receive this Return of unserved summons, the court may direct the issuance of alias summons or require further steps depending on the particular situation (e.g., requiring the plaintiff to provide a more accurate address).

8. Practical and Ethical Considerations

Duty of Candor and Accuracy
Given the Return’s evidentiary weight, the sheriff or process server must be truthful and accurate. Submitting false or misleading Returns can lead to grave consequences, including administrative and criminal liability.
Proper Documentation
It is good practice for sheriffs or process servers to note down or keep personal records (e.g., date, time, name of the person served, ID shown, etc.) to support the entries in the Return.
Legal Forms
Many Philippine courts have standard templates for Returns of Summons. These templates prompt the sheriff or process server to fill in essential details. Lawyers must be familiar with these templates and ensure that the Return filed in court meets all rule requirements.
Ethical Responsibility of Lawyers
While the sheriff or process server is primarily responsible for preparing the Return, lawyers (especially counsel for plaintiff) have an interest in verifying that the Return is valid and accurate to avoid jurisdictional issues. Lawyers must guide sheriffs when issues arise or when further service attempts are needed.

9. Effect of the Return on the Court’s Jurisdiction

Personal Jurisdiction Over Defendant: A valid Return showing proper service is crucial for the court’s acquisition of jurisdiction over the defendant’s person.
Potential Ground for a Special Appearance: If the Return is defective or improperly executed, the defendant can file a special appearance to contest jurisdiction based on improper service of summons.

10. Key Jurisprudence and Doctrines

Philippine case law consistently reiterates that strict adherence to the rules on the service of summons is indispensable, as due process is a fundamental right. Some well-known doctrinal points:

Strict Compliance With Personal Service
Personal service remains the preferred method. Substituted service is strictly construed and only allowed when personal service cannot be made within a reasonable time. The Return must explicitly reflect compliance with these requirements.
Importance of Detailed Return
A mere general statement that substituted service was made is insufficient. The Return must describe with specificity the facts and circumstances justifying substituted service (e.g., repeated attempts, actual location, the identity of the recipient).
Burden of Overcoming Presumption of Regularity
The defendant challenging the Return’s veracity bears the burden of presenting clear evidence that the server’s statements are inaccurate or false.

11. Practical Tips for Lawyers and Litigants

Check the Return Thoroughly
Plaintiff’s counsel should verify that the Return meets all formal requirements (manner, date, place, name of person served, acknowledgment, etc.).
Promptly Move for Alias Summons if Needed
If service was not perfected, do not delay in filing a motion for alias summons or a motion to locate a new address for the defendant.
Maintain Close Coordination with Court Personnel
Sheriffs, process servers, and counsel should maintain open communication to ensure timely and accurate filing of the Return.

12. Summary

The Return of Summons is a crucial document that confirms whether the defendant was validly served and details the manner, time, and place of service.
Under Section 18, Rule 14 of the 2019 Revised Rules of Civil Procedure, the Return must be filed with the court within five (5) calendar days from the date of service and a copy must be served upon the plaintiff’s counsel.
A complete and truthful Return is essential to avoid questions on the court’s jurisdiction over the defendant’s person and to uphold the due process rights of all parties.
Defective or false Returns can lead to dismissal of the case (for lack of jurisdiction), administrative sanctions against the sheriff or process server, and potential ethical issues for lawyers who knowingly allow such defects.

Ultimately, the Return of Summons is a key procedural step that ensures transparency, protects due process, and helps the court confirm its proper acquisition of jurisdiction over the parties. By strictly complying with the rules on content, form, and timeliness, litigants and court officers uphold the integrity and efficiency of judicial proceedings in the Philippines.