Service in person of defendant | Summons (RULE 14) | CIVIL PROCEDURE

All There Is to Know About Personal Service of Summons on the Defendant Under Philippine Rules of Court (Rule 14)

Below is a comprehensive and meticulous discussion of personal service of summons on the defendant under the Philippine Rules of Court (particularly Rule 14, as amended). The goal is to give you a solid working knowledge of every essential aspect related to “Service in Person of Defendant.”

1. The Purpose of Summons

  1. Jurisdiction Over the Person
    Summons is a court-issued writ directing a defendant to appear and answer a complaint. Its primary function is to vest the trial court with jurisdiction over the person of the defendant. Without valid service of summons (or a corresponding voluntary appearance in court), the trial court generally cannot render a binding personal judgment against the defendant.

  2. Due Process
    Proper service of summons also satisfies constitutional due process requirements, ensuring the defendant is notified of the action and given an opportunity to be heard.

2. Governing Provisions and Applicable Rules

  1. Rule 14 of the Rules of Court
    The manner by which summons is served on a defendant is governed by Rule 14 of the Rules of Court. This Rule has been amended by the 2019 Amendments to the Rules of Civil Procedure, but the essence of personal service remains the same.

  2. Sections to Note

    • Section 1 – Clerk to issue summons upon filing of the complaint.
    • Section 2 – Contents of the summons.
    • Section 3 – By whom served.
    • Section 5 – Service in person on defendant (sometimes cited as Section 6 in older outlines, but under the 2019 Amendments, personal service is covered by Section 5).

    (For uniformity, and because some outlines still use older citations, we will refer to the idea of “Section 5: Service in person on defendant” as central to personal service.)

3. Personal Service: Definition and Procedure

  1. What Is Personal Service of Summons?
    “Personal service” means handing a copy of the summons and the complaint (and any accompanying court orders) directly to the defendant wherever the defendant may be found—whether at home, in the office, on the street, or elsewhere—so long as it is within the territorial jurisdiction where service can be validly effected.

  2. Who May Serve?

    • Process Server / Sheriff / Proper Court Officer
      Under the Rules, the summons must be served by a sheriff, deputy sheriff, or other proper court officer (such as a process server). In some instances, the court may authorize another suitable person to effect service, but this is generally by order of the court when warranted by special circumstances.

  3. How to Effect Personal Service

    • The server personally hands the summons to the defendant and informs the defendant that he or she is being served.
    • If the defendant refuses to receive the summons, the server may leave it within the presence of the defendant (e.g., place it on a desk or table in front of him or her), and this will be considered valid service.
    • The summons must be accompanied by the complaint (and any annexes, orders, or documents required by the Rules).

  4. Personal Service Takes Priority
    The Rules require that the process server first attempt personal service. Only when personal service cannot be accomplished within a reasonable time may substituted service or other forms of service (e.g., extraterritorial, publication) be resorted to. Hence, personal service is the preferred and primary mode of service.

4. Important Principles and Jurisprudence

  1. Personal Service Is the Gold Standard
    Courts and jurisprudence emphasize that personal service—whereby the defendant actually receives or at least is physically handed the summons—is the best means to ensure actual notice. The Supreme Court has underscored that substituted service (or other alternative modes of service) must strictly comply with requirements and can only be resorted to after “diligent efforts” to effect personal service have failed.

  2. Location Is Irrelevant as Long as It Is Within the Philippines
    Personal service may be effected anywhere in the Philippines. The place of service (the defendant’s address, place of work, or anywhere else the defendant can be found) does not invalidate the service. As long as the process server personally hands the summons to the defendant in the Philippines, the service is deemed valid and complete.

  3. Refusal of Defendant to Receive the Summons
    If the defendant refuses to physically receive the summons, the process server must state in the return that the summons was offered but refused. The process server may leave the summons within the defendant’s presence. This action ensures service is not thwarted by the defendant’s refusal.

  4. Defective or Invalid Personal Service

    • If the process server fails to strictly follow the procedure for personal service (e.g., fails to hand the summons to the defendant, or does not make diligent attempts before resorting to other modes), such defective service might be quashed upon motion by the defendant.
    • The court will lose jurisdiction over the defendant if summons is not properly served and if there is no voluntary appearance.

  5. Minor or Incompetent Defendants
    When the defendant is a minor, insane, or incompetent, additional steps are required. Summons must be served on both the minor/incompetent and on the parents, guardian, or duly appointed guardian ad litem. Personal service in such cases remains paramount but must be coupled with the special rules protecting minors and incompetents.

5. Proof of Service

  1. Sheriff’s Return or Officer’s Return
    After service, the person who served the summons (usually the sheriff, deputy sheriff, or process server) must execute a return describing:

    • The manner of service;
    • The date, time, and place of service;
    • The name of the person served;
    • If the person served refused to receive the summons, a statement to that effect;
    • Any circumstances indicating compliance with the Rules.

  2. Importance of Return

    • The return is prima facie evidence of the facts stated therein.
    • Courts give great weight to the process server’s return, although it can be rebutted by clear and convincing evidence to the contrary.

6. Consequences of Proper Personal Service

  1. Acquisition of Jurisdiction Over the Person
    Once personal service is accomplished, the court acquires jurisdiction over the defendant. This allows the court to validly render judgments enforceable against the defendant’s person and property.

  2. Obligation to Answer
    The defendant then has a specific period (often 30 calendar days under the 2019 Amendments, except in special cases like summary procedures) from receipt of summons to file a responsive pleading (e.g., an Answer). Failure to do so may result in the defendant being declared in default.

7. Exceptions and Special Situations

  1. Defendant Temporarily Outside the Philippines

    • If the defendant is temporarily outside the country (but still a Philippine resident), attempts at personal service must still be made. If personal service remains unavailing, alternative modes of service (such as substituted service or extraterritorial service if appropriate) might be necessary.
    • Extraterritorial service under Section 15 of Rule 14 may be resorted to only under circumstances enumerated by the Rules (e.g., the defendant is a non-resident and the action involves personal status or property within the Philippines).

  2. Substituted Service

    • Allowed Only Upon Impossibility of Personal Service. Substituted service is permissible only if, after diligent efforts, the process server fails to personally serve the defendant within a reasonable time.
    • Manner of Substituted Service. The summons may be left at the defendant’s residence with a person of suitable age and discretion residing therein, or at the defendant’s office or regular place of business with a competent person in charge.
    • Strict Construction. Courts closely scrutinize substituted service because it is in derogation of the usual method of personal notice. A mere claim of difficulty in finding the defendant is insufficient.

  3. Voluntary Appearance

    • Even if personal service is defective or not completed, the defendant may submit to the jurisdiction of the court by voluntarily appearing (e.g., filing a Motion for Extension of Time to File an Answer or other pleadings without questioning jurisdiction).
    • Voluntary appearance cures any defect in service of summons.

8. Practical Tips and Points of Emphasis

  1. Prioritize Personal Service
    The sheriff or process server must always attempt personal service first. This is the legally and jurisprudentially preferred method.

  2. Document Everything
    Detailed documentation in the sheriff’s return is crucial. The process server should note exact dates, addresses, any conversation with the defendant or occupant, and any actions taken to locate the defendant.

  3. Dealing With Evasion
    If a defendant is deliberately evading service, the process server must show in the return the “diligent attempts” made—visits, inquiries, and other actions to locate the defendant. This justifies resort to substituted service if personal service truly proves impossible.

  4. Timeliness
    Any period to answer or file other responsive pleadings generally starts to run from the date of personal service. Ensure the date of service is accurately reflected.

  5. Implications of Invalid Service
    An action can be dismissed if the summons is not validly served and the court never acquired personal jurisdiction over the defendant, unless the defect is cured by voluntary appearance.

  6. Be Aware of Special Defendants
    For minors, incompetents, corporations, partnerships, or entities without juridical personality, additional or special rules under Rule 14 may apply.

9. Common Misconceptions

  1. “Any Person Can Serve Summons.”
    Only a properly authorized officer (usually a sheriff or designated process server) or a person specially appointed by the court to do so can serve summons.

  2. “Substituted Service Equals Convenience.”
    Substituted service is not an option of convenience. It is a last resort when diligent efforts at personal service fail.

  3. “Service at Work Requires a Superior’s Permission.”
    Service within a defendant’s workplace does not require an employer’s or superior’s permission. Service can be effected at the place of business if the defendant is personally found there. The server’s primary duty is to ensure that the defendant personally receives or is at least personally offered the summons.

  4. “Leaving Summons With a Household Helper Is Always Valid.”
    A caretaker or househelp can validly receive summons only under substituted service rules—i.e., if personal service failed despite diligent efforts, and it is properly shown the recipient is of “suitable age and discretion” and that the place is indeed the defendant’s residence. But for personal service, it must be handed directly to the defendant.

10. Summary

  • Personal Service is the preferred mode of summons service because it directly assures the defendant receives notice.
  • Priority: Personal service must be attempted before resorting to any substituted or other special forms of service.
  • Strict Compliance: Courts require that the process server strictly follow the rules and document the service meticulously in the return.
  • Jurisdiction: Personal service properly vests the court with jurisdiction over the defendant’s person.
  • Due Process: The fundamental rule is that defendants have the right to notice and the opportunity to defend themselves in court; personal service is the most straightforward guarantee of this right.

Ultimately, personal service of summons is an essential cornerstone in civil procedure, ensuring defendants are made aware of suits against them and that courts can properly exercise jurisdiction to hear and decide cases. By adhering strictly to the procedural steps, both litigants and the courts protect due process rights and maintain the integrity of judicial proceedings.

In sum, those are the critical points on personal service of summons under Rule 14 of the Philippine Rules of Court. When in doubt, always remember that the safest route is to attempt personal service exhaustively, document each step in detail, and only consider substituted or other forms of service once you have shown that personal service could not be accomplished despite diligent efforts.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login