(e) Domestic Private Juridical Entity

Service on private domestic corporations

Section 12. Service upon domestic private juridical entity. — When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel of the corporation wherever they may be found, or in their absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on the receiver or liquidator, as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least three (3) attempts on two (2) different dates, service may be made electronically, if allowed by the court, as provided under Section 6 of this Rule

Domestic Private Corporations/ juridical entity - (Sec. 12)

• president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel wherever they may be found, or
• in their absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who customarily receives the correspondence for the defendant at its principal office. (i.e. receiving clerk, reception, etc.)

If there be a refusal on the part of the persons above-mentioned to receive summons despite at least three (3) attempts on two (2) different dates, service may be made electronically, if allowed by the court, as provided under Section 6.

Foreign private juridical entities. ( Sec. 14)

Doing business in PH and registered in PH—

• resident agent designated in accordance with law for that purpose, or,
• if there be no such agent, on the government official designated by law, or
• on any of its officers, agents, directors or trustees within the Philippines.

Doing Business in PH but NOT registered —

• By personal service coursed through the appropriate court in the foreign country with the assistance of the department of foreign affairs;
• By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant;
• By facsimile
• electronic means with prescribed proof of service
• such other means as the court may direct.

Not doing business in the PH, and no assets in the PH –

The PH Court cannot acquire jurisdiction over the defendant, which are beyond its jurisdiction and to subject such corporations to the jurisdiction of the PH courts would violate principles of sovereignty. See Avon v. CA G.R. No. 97642 August 29, 1997.

The only option is to sue in the courts of the country where such corporations are resident.