Default Judgment in the Philippines: What Happens if You Don't Receive a Summons?

Query: What happens if I don't receive a summons because I've moved to a new address in the Philippines? Will I be charged by default?

In the Philippine legal system, receiving a summons is a critical part of due process, ensuring that a defendant is informed of the legal action being taken against them. However, circumstances such as changing addresses can complicate this process. Understanding the implications and remedies available when a summons is not received is essential.

Legal Framework for Summons

A summons is a legal document issued by a court that informs a defendant about a lawsuit filed against them. It specifies the nature of the complaint, the court in which the case is filed, and the timeframe within which the defendant must respond. In the Philippines, the Rules of Court govern the issuance and service of summonses.

Service of Summons

The service of summons can be performed in several ways:

1. Personal Service: Delivering the summons directly to the defendant.
2. Substituted Service: If the defendant cannot be personally served, the summons may be left at the defendant's residence with someone of suitable age and discretion residing therein.
3. Service by Publication: If the defendant's whereabouts are unknown and cannot be ascertained despite diligent efforts, the court may allow service by publication in a newspaper of general circulation.

Changing Address and Non-Receipt of Summons

If a defendant has changed their address and did not receive the summons, the court may still proceed with the case if service was attempted in accordance with the rules. Here's what typically happens:

1. Efforts to Serve Summons: The plaintiff is responsible for ensuring that the summons is served. If the defendant's address has changed, the plaintiff must demonstrate that they have made diligent efforts to locate the new address. This could include checking public records or other means of locating the defendant.

2. Substituted Service or Publication: If the new address cannot be found, the court may allow substituted service or service by publication. Substituted service involves leaving the summons with a responsible person at the last known address, while service by publication involves publishing the summons in a newspaper.

3. Default Judgment: If the defendant does not respond within the specified timeframe after proper service, the court may issue a default judgment. This means the court can decide the case in favor of the plaintiff based on the merits of their complaint, without the defendant's input.

Remedies for Non-Receipt of Summons

If a defendant learns about a case against them after a default judgment has been issued, there are remedies available:

1. Motion to Set Aside Default Judgment: The defendant can file a motion to set aside the default judgment, arguing that they did not receive proper notice of the summons. The court will consider if there was a valid reason for not responding and if the defendant has a meritorious defense.

2. Appeal: The defendant may appeal the default judgment if the motion to set aside is denied. The appeal must be filed within the prescribed period and should demonstrate procedural errors or other grounds that warrant overturning the judgment.

Conclusion

In the Philippines, the failure to receive a summons due to a change of address does not automatically exempt a defendant from a default judgment. The legal system provides mechanisms to ensure that defendants are informed, but it also has safeguards to address situations where summonses are not received. Defendants who find themselves in such situations should promptly seek legal advice to explore their options for setting aside a default judgment and ensuring their right to due process is protected.