Validity of summons and issuance of alias summons | Summons (RULE 14) | CIVIL PROCEDURE

Below is a comprehensive discussion on Rule 14 of the Rules of Court (Philippines) as it relates to the validity of summons and the issuance of alias summons. While the 2019 Amendments to the Rules of Civil Procedure introduced several changes, most of the core principles on summons and alias summons remain similar, with certain clarifications and refinements. This discussion integrates both the pertinent rules and guiding jurisprudence.

I. RELEVANCE OF SUMMONS

  1. Purpose of Summons

    • Summons is the procedural device by which the court acquires jurisdiction over the person of the defendant in civil actions in personam.
    • It notifies the defendant that an action has been filed against him or her and that the defendant must respond within the reglementary period.

  2. Consequences of Invalid or Improper Service

    • When service of summons is invalid, the court does not acquire jurisdiction over the person of the defendant.
    • Any resulting judgment (where the defendant did not voluntarily appear) may be declared null and void for lack of jurisdiction over the defendant.

  3. Voluntary Appearance

    • Even if there is a defect in the service of summons, a defendant who voluntarily appears in court and participates in the proceedings (without raising the jurisdictional challenge at the earliest opportunity) is deemed to have submitted to the jurisdiction of the court.

II. VALIDITY OF SUMMONS

A. Proper Contents and Issuance

  • Who Issues Summons
    Under Section 1 of Rule 14, it is the clerk of court who issues the summons upon filing of the complaint and payment of the requisite legal fees.

  • Contents of Summons
    Summons must contain:

    1. The name of the court and the names of the parties to the action.
    2. A directive that the defendant must file an Answer to the complaint within the time fixed by the Rules.
    3. A notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief prayed for in the complaint.
    4. Other information required under the 2019 Amendments include:
      • The docket number of the case.
      • The mailing and e-mail addresses of the plaintiff or counsel.
      • The date of issuance.

  • Validity Period of Summons
    Summons, once issued, generally remains valid unless the Rules or a court order indicate otherwise. In practice, the period for service is not strictly “time-barred,” but the court may dismiss an action if service is not effected within a certain period (e.g., the 2019 Amendments impose that the summons must be served within thirty (30) calendar days from issuance, subject to extensions for valid reasons).

B. Modes of Service of Summons

  1. Personal Service (Section 5)

    • The preferred mode. The sheriff or other proper court officer must hand-deliver a copy of the summons and complaint to the defendant personally.
    • If the defendant refuses to receive the summons, the server may leave it within the view and presence of the defendant.

  2. Substituted Service (Section 6)

    • Allowed only if personal service cannot be promptly done within a reasonable period.
    • Must meet certain requirements:
      1. The server must attempt personal service at least three (3) times on different dates and occasions.
      2. The substituted service must be made:
        • (a) by leaving copies of the summons at the defendant’s residence with a person of suitable age and discretion residing therein, or
        • (b) by leaving the summons at the defendant’s office or regular place of business with a competent person in charge thereof.
    • A detailed affidavit of service must be executed stating the efforts taken to serve the summons personally, explaining the impossibility or difficulty of personal service.

  3. Service on Corporations, Partnerships, and Juridical Entities (Section 13)

    • Service on a domestic private juridical entity is done by serving the summons on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel.
    • If such service is not practicable, service may be made on their officers, directors, or agents. An affidavit of service must also be submitted.

  4. Extrajudicial / Extraterritorial Service (Section 15)

    • Applicable if the defendant does not reside and is not found in the Philippines, and the action is in rem or quasi in rem.
    • Service may be done by any of the following methods:
      1. Personal service outside the Philippines, with leave of court.
      2. Publication in a newspaper of general circulation (and sending a copy of summons and order of the court by registered mail to last known address).
      3. Any other manner the court may deem sufficient.

III. ISSUANCE OF ALIAS SUMMONS

  1. Definition

    • Alias summons is a second or subsequent summons issued after the original summons has been returned unserved or found to be invalid for any reason. It is essentially a new summons to ensure due notice to the defendant.

  2. When Issued

    • Alias summons is issued when:
      1. The original summons is lost, destroyed, or otherwise cannot be served.
      2. The original summons was improperly served or returned unserved for any reason.
      3. There is a need for a new summons (e.g., new address of defendant is discovered, or the initial attempt at service was defective).

  3. Procedure for Issuance

    • A motion for alias summons is typically filed by the plaintiff or the counsel, showing reasons why the original summons was not served or was rendered invalid.
    • The clerk of court, upon order of the judge or upon proof of failure of service, will issue alias summons under the same docket number and the same case, commanding the defendant to respond within the time fixed by the Rules from receipt of the alias summons.

  4. Effect on the Period to Answer

    • The period to file an Answer (or other responsive pleading) runs from the service of the alias summons (in the same way it would from the original summons).
    • If the original attempt was invalid or never perfected, the counting of the period to file an Answer typically begins anew upon valid service of the alias summons.

  5. Distinction from an Amended Summons

    • Alias summons is typically identical in form and substance to the original one (i.e., it notifies the defendant of the need to respond to the same complaint).
    • Amended summons, on the other hand, may be issued if there is a need to correct or change information in the summons itself (e.g., typographical errors, changes in the name of a party).
    • Both alias and amended summons must still substantially comply with the required contents, but alias summons is purely a replacement of the original unserved or invalid summons.

IV. RELEVANT JURISPRUDENTIAL POINTS

  1. Strict Compliance vs. Liberal Interpretation

    • Courts require strict compliance with the rules on summons (particularly personal and substituted service) when the action is in personam. Jurisdiction over the defendant’s person is a fundamental requisite.
    • However, in certain instances (especially when the defendant is shown to have actual knowledge of the litigation or voluntarily appears), courts have applied a liberal approach to avoid technicality from defeating substantial justice. Still, the general rule is that the formalities under Rule 14 should be followed meticulously.

  2. Defective Summons Not Cured by Voluntary Appearance

    • Although generally a voluntary appearance cures defective service of summons, the Supreme Court has clarified that such appearance must occur before a timely objection to jurisdiction is raised. Once the defendant actively participates without questioning the service of summons, the defect is cured.
    • If the defendant seasonably assails the validity of service, the court must first determine if there has indeed been valid service. Failing that, the case may be dismissed for lack of jurisdiction over the person of the defendant.

  3. Multiple Attempts Before Substituted Service

    • The Supreme Court consistently holds that the sheriff or server must demonstrate several attempts at personal service (at least three attempts in different days and times) as required by the 2019 Rules, before resorting to substituted service. The attempts must be described in detail in the sheriff’s return or affidavit of service.

  4. Alias Summons and Diligence

    • A plaintiff is expected to exercise diligence in securing the issuance of alias summons if initial attempts at service fail.
    • Unreasonable delay in seeking alias summons or in effecting service may warrant dismissal of the complaint for failure to prosecute.

V. PRACTICAL POINTS AND LEGAL FORMS

  1. Motion for Alias Summons

    • In practice, counsel for the plaintiff files a “Motion for Issuance of Alias Summons” stating:

      1. The date the original summons was issued,
      2. The fact of non-service or defect in the original summons,
      3. Prayer that the Court order the clerk of court to issue an alias summons.

    • Once granted, the clerk of court issues the alias summons, which is then served according to the same rules under Rule 14.

  2. Sheriff’s Return or Proof of Service

    • Whether personal or substituted, the return of the officer serving the summons is critical. It must outline exactly how, when, and where service was effected (or the efforts made if unsuccessful).
    • For substituted service, it must show strict compliance with the specific requirements (e.g., at least three attempts at personal service on separate dates).

  3. Ensuring Validity of Summons

    • Plaintiff must ensure the name and address of the defendant are accurate.
    • Plaintiff’s counsel should coordinate with the sheriff if difficulties arise (e.g., defendant has changed address).
    • Timely remedy any defects (i.e., quickly move for alias summons once it appears the original summons cannot be served).

VI. KEY TAKEAWAYS

  1. Jurisdiction Over the Defendant’s Person

    • Validity of summons is critical for the court to acquire personal jurisdiction in an action in personam.
    • Defective service can nullify court proceedings unless the defendant voluntarily submits to jurisdiction.

  2. Strict Adherence to Rule 14

    • The rules on personal and substituted service, as clarified in the 2019 Amendments, must be followed meticulously.
    • Substituted service is not a default option; it is an exception.

  3. Alias Summons as a Cure

    • If the original summons is returned unserved or deemed invalid, a prompt motion for alias summons ensures that the action may proceed.
    • Once properly served, the defendant’s period to answer runs anew.

  4. Timeliness and Diligence

    • Plaintiffs and their counsel must act diligently in effecting service of summons and in requesting alias summons.
    • Unjustified delay can lead to dismissal for failure to prosecute.

  5. Recording and Documentation

    • The sheriff’s return or proof of service is a key document to establish the validity of service.
    • Detailed affidavit or return is indispensable in cases of substituted or extraterritorial service.

SAMPLE MOTION FOR ALIAS SUMMONS

Republic of the Philippines
Regional Trial Court
[Judicial Region]
[Branch No.]
[City/Province]

[Name of Plaintiff],
Plaintiff,
-versus-
[Name of Defendant],
Defendant.

Civil Case No. ____

MOTION FOR ISSUANCE OF ALIAS SUMMONS

Plaintiff, through the undersigned counsel, respectfully states:

  1. On _______________, the Court issued the original Summons directing the defendant to answer the Complaint filed by the Plaintiff.
  2. On _______________, the Sheriff/Process Server returned the original Summons unserved (or “improperly served” / “invalid for _______”). A copy of the Sheriff’s Return is hereto attached.
  3. Due to this failure/defect in the service of the original Summons, Plaintiff respectfully moves that alias Summons be issued to enable the proper service of Summons upon Defendant at his/her current address located at ______________________.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court order the Clerk of Court to issue an Alias Summons directed to Defendant [Name of Defendant].

Other reliefs just and equitable under the premises are likewise prayed for.

[Date, Place]

Respectfully submitted.

Counsel for Plaintiff
[Address & Contact Details]
[IBP No.] [PTR No.] [Roll No.]

FINAL WORD

  • The validity of summons under Rule 14 hinges on faithful compliance with its modes of service, correct contents, and proper proof of service.
  • If the original summons cannot be served or is later nullified, the issuance of alias summons is the standard procedural recourse to ensure the defendant is notified and the court can validly proceed in exercising jurisdiction.
  • All practitioners must be mindful of the meticulous requirements set by the Rules and case law, given that improper service can unravel the entire proceeding and result in dismissal or a void judgment.

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

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