Dear Attorney,

I recently filed a case, and I’m wondering about the timeline for the service of summons. How long should it take for a summons to be served, and what happens if it’s not served within that period? I’m concerned that delays may affect my case. Please advise on what steps I can take to ensure everything proceeds smoothly.

Sincerely,
Concerned Plaintiff

Insights

In the Philippines, the service of summons is a critical part of initiating court proceedings. It ensures that the defendant is informed about the legal action taken against them, and their right to be heard is protected. The summons must be served within a reasonable period to ensure that the case proceeds without unnecessary delay.

Under the Rules of Court, the service of summons must be done promptly after the filing of a complaint. Personal service, meaning handing the summons directly to the defendant, is preferred. If personal service is not possible, the court allows substituted service, such as serving it to a person of suitable age residing at the defendant’s home or office. For cases involving individuals residing outside the Philippines, summons may be served through extraterritorial methods, including service by publication.

If the summons is not served within a reasonable time, it could delay the progress of the case. The plaintiff, through their lawyer, may file a motion requesting the court to issue an alias summons, a new summons to replace the original one that was not served.

Additionally, if the summons cannot be served due to the plaintiff’s fault, the court has the authority to dismiss the case for lack of prosecution. However, the plaintiff can also seek an extension of time to serve the summons if justified.

Ensuring timely service is crucial in preventing delays that may hinder the resolution of a case. It is best to coordinate with the court and the process server to monitor the progress of the summons service.