WHAT HAPPENS IF YOU IGNORE A SUMMONS?

Substituted service of summons may only be availed of if, for justifiable causes, the defendant cannot be served personally after at least 3 attempts on 2 different dates.

- Service may be effected by leaving copies of the summons at the defendants residence to a person at least 18 years of age and of sufficient discretion residing therein. (S6 R14)
- By leaving copies of the summons at the defendants regular place of business with some competent person in charge thereof. It includes but is not limited to, one who customarily receives correspondences for the defendant.
- By leaving copies, if refused entry upon making his authority and purpose known, with any of the officers of the homeowners association or condominium corporation or its chief security officer in charge of the community or building where the defendant may be found.
- By sending an electronic mail if allowed by the Court.

Under the Rules of Civil Procedure, the service of summons by facsimile transmittal is allowed upon a foreign private juridical entity not registered in the Philippines or has no resident agent but has transacted or is doing business in it, as defined by law. Such summon must be made with leave of court. This does not apply to a non-resident defendant. (S14 R14)


EXTRATERRITORIAL SERVICE

Under the Rules of Civil Procedure, extraterritorial service which includes service by publication, may be availed of in actions the subject of which is the property within the Philippines in which defendant has or claims a lien or interest or in which the relief demanded consists in excluding the defendant from any interest therein. (S17 R14)

The test as to whether the action is covered by S17 R14 is not its technical characterization as in rem or quasi in rem but whether it is among those mentioned in the said provision. The Supreme Court has submitted that an action for reconveyance is more properly characterized as quasi in rem and thus, it is a case where extraterritorial service may be availed of.

COURT SUMMONS; PWEDE BANG HINDI IABOT NG PERSONAL SA DEFENDANT? RULES OF COURT TAGALOG #PHILIPPINES

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