b. Modes

MODES OF SERVICE OF SUMMONS

Concept

Service of summons gives the defendant notice of the action and an opportunity to respond. In an action in personam, valid service of summons, or the defendant’s voluntary appearance, is the means by which the court acquires jurisdiction over the defendant’s person. The choice of mode therefore affects both due process and the court’s authority to proceed against that defendant. (A.M. No. 19-10-20-SC, Rule 14)

Governing provisions

Rule 14 of the Rules of Civil Procedure governs summons, including how it is served on individuals and particular entities, when substituted service may be used, and when service outside the Philippines is available. These modes serve different circumstances; they are not interchangeable options to be selected merely for convenience. (A.M. No. 19-10-20-SC, Rule 14)

Requisites / Rules

• Personal service is the ordinary mode for serving an individual defendant within the Philippines. It is directed to the defendant personally and is the starting point when determining whether another mode is justified. (A.M. No. 19-10-20-SC, Rule 14)
• Substituted service is an alternative when personal service cannot be made despite the efforts required by the Rules. It leaves the summons with a qualified person at the defendant’s residence or regular place of business, subject to the conditions governing that mode. (A.M. No. 19-10-20-SC, Rule 14)
• Extraterritorial service addresses a defendant who is outside the Philippines in an action where the Rules permit service abroad. Its availability depends on the nature and object of the action; it does not, by itself, give the court personal jurisdiction to impose a personal judgment against a nonresident defendant who has not submitted to the court’s jurisdiction. (A.M. No. 19-10-20-SC, Rule 14)
• Service upon specific persons and entities answers a different question: who may receive summons for a minor, an incompetent person, a juridical entity, or another defendant covered by a special provision. Identify the defendant first, then apply the provision governing service on that defendant. (A.M. No. 19-10-20-SC, Rule 14)

Distinctions

The first two modes chiefly concern how summons reaches an individual defendant within the Philippines. Extraterritorial service concerns service beyond Philippine territory and must be assessed with the court’s jurisdiction over the action in mind. Rules for specific persons and entities identify the proper recipient; they should not be confused with a general license to serve any employee, relative, or representative. (A.M. No. 19-10-20-SC, Rule 14)

Bar tip

In a service-of-summons problem, identify the defendant and the nature of the action, then ask where the defendant may be served and why the chosen mode is authorized. Do not treat proof that someone received the papers as a substitute for compliance with the applicable mode of service. (A.M. No. 19-10-20-SC, Rule 14)