COMPREHENSIVE DISCUSSION ON SERVICE BY PUBLICATION UNDER THE PHILIPPINE RULES OF COURT (RULE 14)

Below is a detailed, step-by-step exposition of all the key legal principles, procedures, and jurisprudential rulings governing service of summons by publication in the Philippines under the Rules of Court. The discussion incorporates both the historical framework under the 1997 Rules of Civil Procedure and the relevant updates introduced by the 2019 Amendments to the Rules of Court (A.M. No. 19-10-20-SC).

1. OVERVIEW OF SUMMONS AND ITS PURPOSE

Nature and Purpose of Summons
- Summons is a writ or process issued by the court directing the defendant to answer the complaint.
- It is the formal means of acquiring jurisdiction over the person of the defendant, ensuring that the defendant is notified of the action so that they can appear and defend themselves.
Modes of Service of Summons
- The general rule is personal service on the defendant.
- Substituted service is allowed when personal service cannot be made within a reasonable time.
- Service by publication, the subject of this discussion, is permitted in specific circumstances outlined by the Rules.

2. LEGAL BASIS UNDER RULE 14 OF THE RULES OF COURT

Under the 1997 Rules of Civil Procedure (with the relevant provisions as amended by A.M. No. 19-10-20-SC, effective May 1, 2020), service by publication is primarily covered by Rule 14, Sections 14 to 16, which deal with extraterritorial service and the publication requirement.

2.1. When Service by Publication is Proper

Service by publication is generally permissible in two broad scenarios:

Extraterritorial Actions (Rule 14, Section 15 of the 1997 Rules, now Section 16 in the 2019 amendments):
- The action affects the personal status of the plaintiff (e.g., actions for declaration of nullity of marriage, annulment of marriage, or legal separation, where the defendant is outside the Philippines);
- The action involves property within the Philippines in which the defendant has or claims an interest (real or personal property), and the defendant is outside the Philippines; or
- The property of the defendant within the Philippines has been attached (e.g., quasi in rem actions).
Actions Where Defendant’s Identity or Address is Unknown (Rule 14, Section 14 of the 1997 Rules, now amended; or when the defendant is a resident but his whereabouts are unknown, or when the defendant is a non-resident who is not found in the Philippines).

In either case, the plaintiff must first obtain leave of court (court permission) to effect service of summons by publication. The Rules require a showing that personal or substituted service cannot be made within the Philippines (for non-residents) or that the defendant’s location is truly unascertainable despite diligent efforts (for residents whose whereabouts are unknown).

2.2. Due Process Considerations

Service by publication is recognized as an exception to personal/substituted service and is strictly construed in light of the constitutional guarantee of due process. Philippine courts consistently emphasize that every effort must be made to locate the defendant so that personal or substituted service can be achieved before resorting to publication. The rules aim to balance the plaintiff’s right to prosecute the case and the defendant’s right to due process.

3. PROCEDURE FOR SERVICE BY PUBLICATION

3.1. Prior Leave of Court

Motion for Leave
Before service by publication is allowed, the plaintiff must file a verified motion (or ex parte application) explaining why summons cannot be served personally or by substituted service. This motion should show:
1. The nature of the action (that it is one justifying extraterritorial service, or that the defendant’s whereabouts are truly unknown, etc.);
2. The efforts exerted to locate the defendant; and
3. The grounds for resorting to extraterritorial service or service by publication.
Court’s Discretion
The court will carefully evaluate whether the requirements for extraterritorial service or unknown-defendant service are met. Only if convinced will it issue an order granting leave to serve summons by publication.

3.2. Publication in a Newspaper of General Circulation

Choice of Newspaper
Once the court grants leave, it will designate the newspaper in which the summons (together with the court order) must be published. Under the Rules, publication must be done in a newspaper of general circulation in the Philippines or as the court directs (sometimes the court might choose a publication of general circulation in the city or municipality where the action is pending, or nationwide, depending on the circumstances).
Frequency of Publication
The Rules commonly provide that the summons be published once a week for two (2) consecutive weeks.
Summons + Order + Other Directives
The published notice generally includes:
1. The summons itself (naming the parties, court, docket number, etc.);
2. A brief statement of the nature of the case;
3. The directive for the defendant to file an answer within the time fixed by the Rules (traditionally sixty (60) days from the last date of publication for extraterritorial service, but confirm the current practice as updated under the 2019 amendments);
4. The court order authorizing such service.

3.3. Sending Copies by Registered Mail or Other Means

Mailing Requirement
Simultaneous with publication, the Rules usually require sending (by registered mail or appropriate means) copies of the summons, the complaint, and the court order to the defendant’s last known address (if known).
Reason for Mailing
This is to further enhance the chances that the defendant will actually receive notice. The Supreme Court has held in several decisions that mere publication, without mailing when an address is known or can be ascertained, may be insufficient to satisfy due process.

3.4. Proof of Service

Affidavit of Publication
The publisher or its authorized representative executes an affidavit attesting to the dates of publication in the designated newspaper.
Registry Return Receipts
The party or counsel also presents the registry return receipts (or similar proof) showing that copies were mailed to the defendant’s last known address, if available.
Court’s Confirmation
The court examines these documents to confirm that service was completed correctly. Only after the court is satisfied does it consider the defendant as having been validly served.

4. EFFECTS OF SERVICE BY PUBLICATION

Jurisdiction over the Person in In Rem/Quasi In Rem Actions
- In actions that are in rem (e.g., nullity of marriage, cancellation of title) or quasi in rem (e.g., actions to attach property of a non-resident), jurisdiction is acquired over the res or the status, and publication is sufficient to bind the defendant’s interests in that res.
- For purely personal actions (where personal jurisdiction over the defendant is required for a money judgment), extraterritorial service by publication is still possible but typically results in judgments enforceable against the property or status within the Philippines, unless personal jurisdiction is somehow validly acquired.
Period to File an Answer
- For extraterritorial service, the defendant is required to file an Answer within the period set by the Rules or the court order. Under the previous rules, it was 60 days from the last day of publication. Confirm the timeline in the amended rules, but the principle remains that the defendant’s period to answer starts to run from the completion of publication (or as directed by the court).
Consequences of Failure to Answer
- If the defendant fails to file an answer within the allowed period, the plaintiff may move that the defendant be declared in default, and the court may proceed to render judgment as warranted by the allegations of the complaint and the evidence presented.

5. KEY JURISPRUDENCE

Numerous Supreme Court decisions highlight the strict requirements and the necessity of compliance with due process for service by publication. Some leading cases include:

Santos vs. PNOC Exploration Corporation, where the Court reiterated that every requirement of the Rules on service by publication must be strictly complied with, especially obtaining the court’s prior leave.
Biaco vs. Philippine Countryside Rural Bank, where it was emphasized that service by publication in an in personam action is generally ineffective to acquire jurisdiction over the person, unless it falls under the recognized exceptions for extraterritorial service or the defendant is shown to be beyond the jurisdiction with no known address, etc.
Domagas vs. Jensen, reinforcing that the mailing requirement (sending a copy of the summons and order of publication to the last known address) is indispensable when such an address is available.

These and other cases remind litigants that the procedural rules must be followed meticulously, or the service of summons by publication may be struck down, causing delays or dismissals.

6. 2019 AMENDMENTS TO THE RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)

Under the 2019 Amendments (effective May 1, 2020), the Rules introduced clearer provisions on electronic service, court-issued summons, and the mechanics of extraterritorial service. While the fundamental principle of service by publication remains largely the same, the amendments:

Clarify the Requirements
The requirement of prior leave of court and submission of proof of impossibility of personal or substituted service remains.
Encourage Use of More Modern Means
Courts may now consider allowing electronic service or other means if it can more effectively serve notice on a defendant outside the Philippines or whose whereabouts are unknown. Nevertheless, traditional publication in a newspaper remains a valid and often necessary method when the defendant’s location is unknown or uncertain.
Standardize Periods
The new rules align the periods for filing responsive pleadings and motions, but the principle that the defendant’s period to answer in extraterritorial service starts from the completion of publication (or from the court order) has been substantially maintained.

7. ETHICAL CONSIDERATIONS FOR LAWYERS (LEGAL ETHICS)

From the perspective of legal ethics, counsel must:

Exercise Diligence
- Ensure that all possible avenues for personal or substituted service have been exhausted before resorting to service by publication.
- Document efforts to locate the defendant (e.g., inquiries with last employer, neighbors, utility companies, social media checks where appropriate).
Candor with the Court
- Lawyers must present truthful and complete disclosures to the court when applying for leave to serve by publication. Falsifying or exaggerating the inability to locate the defendant is unethical and can result in disciplinary action.
Observance of Fair Play
- Even if the defendant is perceived as evasive, counsel must uphold due process and the defendant’s right to notice.
- Promptly file the necessary proof of service (affidavits of publication and registry return receipts) to avoid undue delay or confusion.

8. COMMON PITFALLS AND PRACTICE POINTERS

Failure to Obtain Leave of Court
- Any service by publication without the requisite court approval is void. This is one of the most common reasons why a summons by publication might be annulled.
Improper Newspaper or Incomplete Publication
- Use only a court-designated newspaper of general circulation and ensure strict compliance with the frequency (once a week for two consecutive weeks, or as ordered).
Omission of Mailing When the Address is Known
- Courts have invalidated service by publication where the defendant’s address was known but the plaintiff did not mail a copy of the summons and the complaint. Always mail a copy to the last known address if it is ascertainable.
Applying the Wrong Rule for the Nature of the Action
- Determine if the action is in rem, quasi in rem, or in personam. Service by publication in an in personam action against a non-resident is generally not effective to vest personal jurisdiction. Always align the mode of service with the correct classification of the action.
Late or Missing Proof of Service
- Ensure timely submission of Affidavit of Publication and registry return receipts (or certified tracking proofs) to the court. Failure to do so can stall the proceedings or lead to challenges on the validity of the service.

9. CONCLUSION

Service of summons by publication in the Philippines is a special, exceptional mode of service designed to uphold due process when the defendant is beyond the court’s reach by personal or substituted service. Guided by Rule 14 of the Rules of Court, as amended, it requires:

Leave of Court upon proper showing that no other mode is feasible;
Strict adherence to rules on publication and mailing; and
Documentary proof of compliance (affidavit of publication, proof of mailing).

By meticulously following these rules, plaintiffs secure valid jurisdiction over the defendant or over the res involved in the litigation, while safeguarding the defendant’s fundamental right to notice. Lawyers must pursue this remedy ethically and with due diligence, ensuring that the demands of both procedural and substantive due process are met.

Disclaimer: This discussion is a general legal overview and not a substitute for individualized legal advice. For specific applications to any case or legal query, it is advisable to consult a qualified attorney who can provide guidance tailored to the facts and circumstances of each situation.