(h) Defendant Whose Identity or Location are Unknown

Service of Summons By Publication

See earlier discussion on Service of Summons by Publication.

Rule 14, Sec. 16 of the Rules of Court expressly states that in any action where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, with leave of court, be effected upon him by publication in a newspaper of general circulation. Thus, the rule applies to any action, whether in personam, in rem, or quasi in rem. (Santos v. PNOC, G.R. No. 170943, 2008)

Note: Substituted service is the normal mode of service of summons that will confer jurisdiction on the court over the person of residents temporarily out of the Philippines. Hence, the court may acquire jurisdiction over an action in personam by mere substituted service without need of attaching the property of the defendant. (PCIB v Alejandro, G.R. No. 177857, 2007)

Under this ground, the purpose of the attachment is to reach his property in the Philippines and to dispense with the need for acquiring jurisdiction over his person. (RIANO, 2009, p. 545).

CONSTRUCTIVE SERVICE (BY PUBLICATION)

Constructive notice by publication used to be available only in actions IN REM or QUASI IN REM.

Now, constructive service is available in action IN PERSONAM (thus, in ANY ACTION) where the defendant is designated as an unknown owner or whenever his whereabouts are unknown and cannot be ascertained.

Service on Corporations

SERVICE UPON A DEFENDANT WHERE HIS IDENTITY IS UNKNOWN OR WHERE HIS WHEREABOUTS ARE UNKNOWN

Constructive Service of Summons (through publication) may be effected on RESIDENT DEFENDANT

• Who is designated as an unknown owner (or the like), or
• Whose whereabouts are unknown and cannot be ascertained by diligent inquiry;
• With leave of court.

Service of summons shall be effected by publication in a newspaper of general circulation and in such places and for such time as the court may order.