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RULE 14

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RULE 14
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  Rule 14 : SUMMONSSummons - is a writ by which the defendant is notified of the action brough against him. Sericeof such writ is the means by which the court ac!uires urisdiction oer his #erson. Summons bysered u#on the defendant for satisfying due #rocess re!uirements.$ %he non-#erformance of that duty by the #laintiff& to sere summons& is an e'#ress ground fordismissing an action.$ (f there was no means of summoning any of the defendants& #laintiffs should hae so informedthe court and moed for their e'clusions from the com#lant& within a reasonable #eriod of time&so that the case should be disoosed of one way or another and the aministration of ustice wouldnot suffer delay.$ Only husband was sered with summons but husband a##rised his wife by telegram serice was)(N*(N+ on her.$ ,hen court ac!uires urisdiction oer the defendant :1.)y his oluntary submission to said urisdiction. or.)y serice of summons and a co#y of the com#laint u#on him.c Mods of serice of summons1.ersonal serice.Substituted serice/.0onstructie #ublication2 serice4.3'traterritorial serice.$ ersonal Serice - ,heneer #racticable& the summons shall be sered by handling a co#ythereof to the defendant in #erson& or if he refuses to reeie and sign for it& by tendering it tohim.$ Substituted Serice - (f& for ustifiable causes& the defendant cannot #ersonally be sered withsummons within a reasonable time& serice may be affected :1.by leaing co#ies of the summons at the defendats residence with some #erson ofsuitable age and discretion then residing therein& or.by leaing the co#ies at the defendants office or regular #lace of business with somecom#etent #erson in charge thereof. (n substituted serice& it is immaterial that the defendant does not in fact reeie actual notice.%his will not affcet the alidity of the serice.5or subsituted serice to be alid& the return must show :1.%he efforts e'erted by the sheriff to the effect #ersonal serice within reanable #eriod ortime& im#ossibility of serice should be shown by statiting the efforts made to find the defendant..%hat such #ersonal serice cannot be affected for ustifiable reason./.%he serice of summons was made at the defendants residence or office or regular #laceof business at the time of the serice& the address of the defendant to whom summons wassu##osed to hae been sered must be indicated in the return& and4.%he serice was made with some #erson of suitable age and disretion residing therein ifeffected at the defendants residence& or with some com#etent #erson in charge thereof& if effectedat defendants office or regular #lace of business& at the time of serice.  ersons who are authori6ed to receie summons for a domestic cor#oration :1.resident.Managing artner/.+eneral Manager4.0or#orate Secretary7.%reasurer8.(n-house 0ounsel$ 0onstructie Serice by ublication2 - (n any action where the defendant is designated as anun9nown owner& or the li9e& or wheneer his whereabouts are un9nown and cannot be ascertainedby diligent in!uire& serice may ) ;3<=3 O5 0OUR%& be effected u#on him by #ublication ina news #a#er of general circulation and in such #laces and for such time as the court may order.$3'traterritorial Serice - (t is alloed where the action is against a non-resident defendant who isnot found in the hili##ines and the action :1.<ffects the #ersonal status of the #laintiff..Relates to or sub ect of which is #ro#erty in the hili##ines& in which he defendant hasclaim& lien& or interest& actual or contigent./.(n which relief demanded consist wholly& or in #artm in e'cluding the defendant from anyinterest therein& or4.ro#erty of the defendant has been attached in the hili##ines.%o be effectie e'traterritorial serice of smmons must be leae of court and only through thefollowing means :1.ersonal serice.)y #ublication and co#y of the summons and order of the court must be sent byregistered mail to the last 9nown address2./.)y #ublication and co#y of summons and order of the court2 must be sent by registeredmail at last 9nown address. <ny other manner which the court may deem sufficient.$ Serice of summons on husband is not binding on wife who is NON-R3S(*3N%..$ %he rrial court does not ac!uire urisdiction and renderls null and oid all subse!uent#roceedings and issuance in the action from the order of default u# to and including the udgmentby default and order of e'ution.$ %he summons may be sered by :1.Sheriff.>is de#uty/.other court officers& or4.or ustifiable reasons by any suitable #erson authori6ed by the court issuing summons. $ %he #reliminary writ of attachment must be sered after or simultaneous with theserice of summons on the defendant whether by #ersonal serice& substituted serice orby #ublication as waranted by the circumstances of the case.$ Reasonable time - is defined as so much time as is necessary under the circumstancefor a reasonably #rudent and diligent man to do& coneniently& what the contract or dutyre!uires that should be done& haing regard for the rights and #ossibility of loss& if any tothe other #arty.  %o the #laintiff& reasonable time means no more than seen ?2 days since an e'#editious#roceeding of a com#laint is waht a #laintiff wants.%o the sherriff& reasonable time meanst 17 to /@ days because at the end of the month& itis a #ractice for the branch cler9 of court to re!uire the sherriff to submit a return of thesummons assigned to the sheriff for serice.$ < erson Suitable <ge and *iscretion - is one who has attained the age of full legalca#acit 1A yo2 and is considered to hae enough discernment to understant theim#ortance of a summons.*iscretion is the ability to ma9e decision which re#resent a res#onsible choice and forwhich an understanding of what is lawful& righ or wise may be #resu##osed. Such #ersonmust 9now how to read and write and understand 3nglish to com#rehen the im#ort of thesummons.%he #erson must hae the relation of condience to the defendant& ensuing that the latterwould receie or at least be notified of the reci#t of the summons.$ %he #ressum#tion of regularity in the #erformance of official function by the sheriff isnot a##licable where it is #atent that the sheriffs return is defectie.$ Serice u#on the foreign cor#oration - %he cor#oration 0ode now #roides that when aforeign #riate cor#oration a##lies for a license to do business in the hili##ines& it shallbe granted sub ect to the conditon& inter alia& that if it has no resident agent& summons and#rocesses intended for it shall be sered on the Securites 3'change 0ommission. ,herethe serice of summons is made on the goernment offiial designated by law& thedefendant cor#oration has /@ days from its recei#t of the summons within which to fileits answer. (f sered on its resident agent& officers or other agents in the hiilines& the 17-day reglementary #eriod a##lies.
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