Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Summons (Rule 14) › Service

a. By Whom Effected

Before Whom Taken (DEPOSITIONS PENDING ACTION)

  • IF WITHIN the Philippines – deposition may be taken before
  • Judge;
  • Notary public; or
  • Before any person authorized to administer oaths if the parties so stipulate in writing.
  • IF OUTSIDE the Philippines – deposition may be taken before
  • A secretary of an embassy or legation, consul general, consul, vice-consul or consular agent of the Republic of the Philippines;
  • Such person or officer as may be appointed by commission or letters rogatory;
  • A person authorized to administer oaths by written stipulation of the parties.

without the need of a board resolution:

  • The Chairperson of the Board of Directors;
  • The President of the Corporation;
  • The General Manager or Acting General Manager;
  • Personnel Officer; and
  • An Employment Specialist in a labor case

This is not an exclusive list. The determination of the sufficiency of the authority is done on a case to case basis. (Pasos v. PNCC, G.R. No. 192394, 2013).

COMPULSORY COUNTERCLAIM PERMISSIVE COUNTERCLAIM
Shall be contained in the answer. If not set up it shall be barred. May be set up as an independent action and will not be barred if not contained in the answer to the complaint.
Not an initiatory pleading. An initiatory pleading.
Does not require certification of forum shopping. Should be accompanied by a certification against forum shopping and whenever required by law, a certificate to file action issued by Lupong Tagapamayapa.
A compulsory counterclaim that merely reiterates special defenses are deemed controverted even without a reply.Issues raised in a counterclaim are deemed automatically joined by the allegations of the complaint, which need not be answered. Must be answered by the party against whom it is interposed otherwise, he may be declared in default as to the counterclaim.The answer must be made within ten (10) days from service.
One which arises out or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party’s claim. It does not arise out of nor is it necessarily connected with the subject matter of the opposing party’s claim.
No requirement for the presence of third parties whom the court cannot acquire jurisdiction over for its adjudication. May require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction.
Not required Requires docket fees.
Failure to answer is not a ground to be declared in default. Must be answered by the party against whom it is interposed. Otherwise, the party may be declared in default.
If not raised in the same action, it shall be barred. Failure to set it up in the same action does not bar its filing.

Service shall be effected upon him by

  • The officer having the management of such jail; or
  • Institution who is deemed deputized as a special sheriff for said purpose.

Authorities

  • Pasos v. Philippine National Construction Corporation, G.R. No. 192394, 3 July 2013