Below is a comprehensive discussion of extraterritorial service of summons under Philippine procedural law—specifically under Rule 14 of the 2019 Amendments to the 1997 Rules of Civil Procedure (hereafter, the “Rules” or “Rules of Court”). It covers the concept, legal basis, requisites, methods, and jurisprudential guidelines. While the text is drawn primarily from the Rules of Court and Supreme Court decisions, references to practical considerations and procedural nuances are also included.

1. Governing Provision: Rule 14, Sections 15 and 16

1.1. Rule 14 (Summons)

The rules on extraterritorial service are found in Rule 14, specifically Sections 15 and 16. These provisions govern the manner by which summons (and, by extension, jurisdiction) may be acquired over defendants outside the Philippines in certain actions.

2. Nature of the Action: In Personam vs. In Rem or Quasi in Rem

2.1. Distinction is Critical

In Personam Actions
- These are directed against specific persons and seek a personal judgment (e.g., for damages or specific performance) that is binding upon the defendant’s person or property wherever located.
- As a rule, extraterritorial service of summons is NOT available for in personam actions because Philippine courts cannot acquire jurisdiction over the person of a non-resident defendant through extraterritorial service alone unless the defendant voluntarily appears in the action or waives the defect in service of summons.
In Rem or Quasi in Rem Actions
- These are directed against the “thing” (the subject matter—often property, status, or a particular res) or the interests therein, rather than directly against a person.
- In such actions, the court’s power is exercised over the property, status, or res located in the Philippines.
- Extraterritorial service of summons is recognized and allowed because jurisdiction is based on the court’s power over the property or status within the Philippines, not on the person of the defendant.

Understanding whether a case is in personam or in rem/quasi in rem is the threshold question to determine if extraterritorial service of summons can be validly utilized.

3. When Extraterritorial Service is Allowed (Rule 14, Section 15)

Section 15 of Rule 14 explicitly enumerates the instances in which extraterritorial service of summons is allowed. These generally involve actions in rem or quasi in rem. Summons may be served outside the Philippines in the following cases:

When the action affects the personal status of the plaintiff and the defendant is a non-resident.
- Common examples include actions for the declaration of nullity of marriage or other similar cases impacting marital or civil status.
When the action relates to, or the property involved is located in, the Philippines, in which the defendant has or claims a lien or interest, actual or contingent.
- The goal is typically to bind that property, interest, or right which is within the court’s jurisdiction, despite the defendant’s absence.
When the relief demanded consists, wholly or in part, in excluding the defendant from any interest in property located in the Philippines.
- E.g., suits to quiet title to land located in the Philippines against a foreign defendant.
When the property of the defendant has been attached within the Philippines.
- Even if the defendant is abroad, once the property is attached, the court may proceed quasi in rem over that property.

The common thread is that the property, res, or status over which the Philippine court has authority is located in the Philippines, thereby giving the court jurisdiction despite the defendant’s location outside the territory.

4. Requisites for Valid Extraterritorial Service

To validly invoke extraterritorial service under Section 15, the plaintiff must show the following:

Allegation in the Complaint:
- The complaint must contain statements or averments bringing the case squarely under one of the instances enumerated in Section 15.
Motion for Leave of Court (If Required):
- The Rules require that the plaintiff file an ex parte motion for leave (some older jurisprudence used the phrase “leave of court,” but the updated rules can vary). In practice, it is prudent for the plaintiff to secure leave of court before resorting to extraterritorial methods to avoid any procedural infirmity.
Court Order Granting Extraterritorial Service:
- The court should issue an order specifying that the service of summons is authorized extraterritorially, and indicate the specific method or combination of methods to be employed under Section 15.
Compliance with the Court-Ordered Mode of Service:
- Plaintiff must strictly comply with whichever permissible method(s) of service is/are authorized and indicated by the court. Substantial compliance may not suffice if the court finds that it unduly prejudices the defendant’s right to notice.

5. Methods of Extraterritorial Service (Rule 14, Section 15)

Under Section 15, the court may order any of the following methods, singly or in combination, for extraterritorial service:

Personal service outside the Philippines (i.e., actual delivery of summons to the defendant abroad by an authorized person).
Publication in a newspaper of general circulation in the Philippines (with a copy of the summons and order sent by registered mail to defendant’s last known address).
Service by facsimile or by any recognized electronic means that could substitute for personal service (under the 2019 Amendments, service by electronic means has become more formally recognized, though typically it is subject to court approval and practicality).
Any other manner the court may deem sufficient.

Important: In practice, the usual approach—especially for actions involving property—is summons by publication coupled with registered mail to the defendant’s last known address abroad. The court might also require posting in a conspicuous place at the property subject of the action if it is located in the Philippines.

6. Effect of Extraterritorial Service and Jurisdiction Acquired

6.1. Actions in Rem and Quasi in Rem

In an in rem or quasi in rem action, extraterritorial service vests jurisdiction in the court over the property or res (not necessarily over the defendant’s person).
Any judgment rendered by the court will bind the property or res located in the Philippines but will not operate as a personal judgment against the non-resident defendant.

6.2. No Personal Liability

Because the court does not acquire in personam jurisdiction, it cannot order the non-resident defendant to pay monetary claims that extend beyond the value or confines of the property or res. The effect of the judgment is limited to the property or status within the Philippines.

7. Common Pitfalls and Practical Tips

Failure to Allege Extraterritorial Grounds
- The complaint must explicitly allege facts justifying extraterritorial service (e.g., that the defendant is non-resident, that the property is located in the Philippines, that the action seeks to exclude defendant’s interest, etc.).
- Omission to do so renders extraterritorial service void and the court does not acquire jurisdiction.
Service in an In Personam Action
- Extraterritorial service in purely in personam actions is invalid if used to obtain personal jurisdiction. The result is a lack of jurisdiction over the defendant’s person, and any personal judgment would be unenforceable.
Strict Compliance with Court Order
- If the court requires service by publication in a specific newspaper for two consecutive weeks and also requires registered mail to the defendant’s last known address, the plaintiff must comply exactly. Any deviation might render service ineffective.
Timing and Proof of Service
- After completing extraterritorial service, the plaintiff must file a proof of service (Affidavit of Service, relevant documents, copies of publication, registry return receipts, etc.).
- The date of service is crucial for computing periods to file responsive pleadings.
Check Reciprocity or Hague Service Conventions
- In some cases, if the country where the defendant resides is a signatory to certain international conventions (e.g., Hague Service Convention), additional or alternative procedures might be required or available.
- While the Philippines is not a signatory to the Hague Service Convention on the Service Abroad of Judicial Documents, awareness of reciprocal or bilateral agreements can be important.

8. Leading Jurisprudence

Domagas v. Jensen (G.R. No. 159264, January 17, 2005)
- Reinforced that extraterritorial service is valid only in actions in rem or quasi in rem. Summons by publication on nonresident defendants is not for in personam actions.
Santos v. PNOC Exploration Corporation (G.R. No. 170943, August 24, 2011)
- Clarified the sufficiency of allegations in the complaint that justify extraterritorial service.
Magalang v. Judge Ong (G.R. No. 194385, January 22, 2018)
- Highlighted the need for strict compliance with the Rules when resorting to extraterritorial service.
Bayot v. Bayot (G.R. Nos. 155635 & 163979, November 7, 2008)
- Addressed extraterritorial service in actions affecting status (e.g., nullity of marriage) and emphasized the necessity of publication when personal service on the defendant abroad is not feasible.

While there are numerous other cases interpreting specific applications, the overarching principle remains that due process requires that the defendant, despite being abroad, be given the best possible notice under the circumstances when the action is in rem or quasi in rem.

9. Procedural Flow Summary

Draft Complaint
- Include averments showing that the action is in rem/quasi in rem and that the defendant is non-resident (or his whereabouts unknown).
File Complaint and Ex Parte Motion for Leave
- File the complaint with the trial court; simultaneously or shortly thereafter, file a motion praying for leave to effect extraterritorial service.
Court Order
- The court examines the complaint, determines whether extraterritorial service is warranted, and issues an order specifying the mode(s) of service (publication, registered mail, personal service abroad, etc.).
Implement the Ordered Mode of Service
- Plaintiff or authorized representative must carry out the service precisely in accordance with the order.
Submit Proof of Service
- File an affidavit of the server, newspaper clippings, registry receipts, or any other required documentary proof.
Defendant’s Period to Answer
- The defendant, if properly served by publication or other authorized means, is given the period fixed by the Rules (and as stated in the summons) to file an Answer. If the defendant fails to appear, the court may proceed but only to the extent of its jurisdiction over the res.

10. Key Takeaways

Limited to In Rem / Quasi in Rem – Extraterritorial service is a mechanism for cases where the primary focus is property or status within the Philippines, not for personal money judgments against absent, non-resident defendants.
Strict Procedural Compliance – The rules on extraterritorial service must be followed meticulously, from the pleading stage (allegations) to the final stage (proof of service).
Due Process Standard – Despite being outside the territorial jurisdiction, the non-resident defendant must still be given notice through the best means practicable (publication, mail, etc.).
Jurisdiction Over the Person vs. Over the Res – Courts acquire jurisdiction over the res or property, not the person of the non-resident defendant, limiting the scope of any judgment.
Court Order and Method of Service – Leave of court is typically obtained (or at least a court order specifying the method of extraterritorial service). The chosen method(s) must be expressly ordered by the court.

Conclusion

Extraterritorial service of summons under Philippine civil procedure is anchored on the principle that, in in rem or quasi in rem actions, the court’s jurisdiction attaches by virtue of its authority over the property or status situated in the Philippines. Strict compliance with Rule 14, Section 15 is indispensable to validly bring a foreign or absent defendant into the ambit of Philippine courts. The overarching concern is to balance the plaintiff’s right to relief in property/status disputes with the defendant’s right to due process, ensuring the latter is notified by methods reasonably calculated to apprise them of the pending action. When properly invoked, extraterritorial service safeguards the enforceability of judgments affecting properties or statuses located in the Philippines, even when the defendant resides beyond our shores.