RULE 12 – BILL OF PARTICULARS - If the motion is granted, the movant can wait until the bill of particulars is

served on him by the opposing party and then he will have the balance of the
When applied for? Before responding to a pleading. reglementary period within which to file his responsive pleading.
A party may move for a more definite statement or for a bill of particulars of any matter
which is not averred with sufficient definiteness or particularity. - If the motion is denied, he will still have the balance of the reglementary
period to do so, counted from the service of the order denying his motion.
If the pleading is a REPLY, the motion must be filed within 10 days from service
thereof. - In either case, he will have at least 5 days to file his responsive pleading.

Such motion shall point out the defects complained of, the paragraphs wherein they RULE 13 – FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER
are contained, and the details desired. PAPERS

Purpose: To enable such party to properly prepare his responsive pleading. FILING – the act of presenting the pleading or other paper to the clerk of court.
SERVICE – the act of providing a party with a copy of the pleading or paper
 Where the pleading is vague and uncertain, the party may move for a bill of concerned.
particulars.
To whom will service be made?
ACTION BY THE COURT  IT DEPENDS if a party is represented by a counsel or not.
 Upon the filing of the motion, the clerk of court must immediately bring it to  If any party has appeared by counsel – service upon such party shall be
the attention of the court which may either deny or grant it outright, or allow made upon his counsel or one of them, unless service upon the party himself
the parties the opportunity to be heard. is ordered by the court!!!
 Where one counsel appears for several parties – he shall only be
What would happen if the motion is granted? entitled to one copy of any paper served upon him by the opposite side.
 The compliance therewith must be effected within 10 days, unless a different  Where a party is represented by more than one counsel of record –
period is fixed by the court. service of notice on any of the latter is sufficient.
 The bill of particulars or a more definite statement ordered by the court may
be filed either in a (1) separate pleading or in an (2) amended pleading, Papers required to be filed and served: JR-POW-NADOS
serving a copy thereof on the adverse party. 1. Judgment;
2. Resolution;
If not complied with, what is the effect? 3. Pleading subsequent to the complaint;
 If the order is not obeyed, or in case of insufficient compliance therewith, the 4. Order;
court may order the STRIKING OUT of the pleading or the portions 5. Written motion;
thereof to which the order was directed or make such other order as it 6. Notice;
deems just. 7. Appearance;
8. Demand;
When should the defendant file his answer/responsive pleading? 9. Offer of judgment;
 After the service of the bill of particulars or of a more definite pleading, the 10. Similar papers.
moving party may file his responsive pleading within the period to which he
was entitled at the time of filing his motion, which shall not be less than 5 MODES OF SERVICE (Sec. 5)
days in any event. 1. PERSONAL SERVICE – service of the papers may be made by: DLN
- The Neypes Rule (Fresh Period Rule) is not applicable. a. Delivering personally a copy to the party or his counsel; or
b. By Leaving it in his office with his clerk or with a person having charge
thereof.
 c. If No person is found in his office, or his office is not known, or he has no therein, or (2) by leaving the copies at
office, then by leaving the copy, between 8am and 6pm, at the party’s or defendant’s office or regular place of
counsel’s residence, if known, with a person of sufficient age and business with some competent person in
discretion then residing therein. charge thereof.

2. SERVICE BY MAIL – it shall be made by: DSP-PIE Service of JUDGMENTS, FINAL ORDERS or FINAL RESOLUTIONS (Sec. 9)
a. Depositing the copy in the post office;  Judgments, final orders or resolutions shall be served either:
b. In a Sealed envelope; a. Personally;
c. Plainly addressed to the party or his counsel at his office, if known, b. By Registered mail;
otherwise at his residence, if known; c. Publication – proper only where summons was likewise served by
d. With Postage fully pre-paid; and publication.
e. With Instructions to the postmaster to return the mail to the sender after
10 days if undelivered. - NO SUBSTITUTED SERVICE in service of JFR (Judgments, Final orders or
f. (Sabarre) Accompanied by an Explanation why the sending party resorted Resolutions).
to registered mail.
- If no registry service is available in the locality of either sender or COMPLETENESS OF SERVICE (Sec. 10)
addressee – service may be done by ordinary mail.  Personal service – compete upon actual delivery.

3. PUBLICATION - judgment, final order, and resolution.  Service by Ordinary Mail – complete upon the expiration of 10 days after
- Service by publication is allowed only when summons was also by publication. mailing, unless the court otherwise provides.

PRIORITIES IN MODES OF SERVICE AND FILING (Sec. 11)  Service by Registered Mail – complete upon actual receipt by the
 Whenever practicable, the service and filing of pleadings and other papers addressee, or after 5 days from the date he received the first notice of the
shall be DONE PERSONALLY. postmaster, whichever date is earlier.
 Except with respect to papers emanating from the court, a resort to other
modes must be accompanied by a written explanation why the service or PROOF of FILING (Sec. 12)
filing was not done personally.  Proved by its existence in the records of the case.
 A violation of this rule may be cause to consider the paper as not filed.  If not in the record, but claimed to have been filed personally –
proved by the written or stamped acknowledgement of its filing by the clerk of
SUBSTITUTED SERVICE (Sec. 8) court on a copy of the same.
 If service of pleadings, motions, notices, resolutions, orders and other papers  If filed by registered mail – by the registry receipt and by the affidavit of
cannot be made (personally or by mail), the office and place of residence of the person who did the mailing.
the party or his counsel being unknown, service may be made by delivering
the copy to the CLERK OF COURT, with PROOF OF FAILURE of both PROOF OF SERVICE (Sec. 13)
personal service and service by mail.  Proof of Personal Service – consists of (1) a Written admission of the
 The service is complete at the time of such delivery. party served, or (2) the Official return of the server, or (3) the Affidavit of the
- This is different from substituted service in service of summons. party serving (WOA), containing a full statement of the date, place and
manner of service.
SUBSTITUTED SERVICE OF ATHER SUSBSTITUTED SERVICE OF
PAPERS SUMMONS  Proof of service by Ordinary Mail – consists of an affidavit of the
Done by delivering the copy of the paper Done (1) by leaving copies of the person mailing of the facts showing compliance with Sec. 7, Rule 13.
to the clerk of court. summons at the defendant’s dwelling
house or residence with some person of  Proof of service by Registered Mail – affidavit and registry receipt issued
suitable age and discretion then residing by the mailing office.
  It shall be directed to the defendant, signed by the clerk of court under
 The REGISTRY RETURN CARD shall be filed immediately upon its receipt by seal, and contain:
the sender or, in lieu thereof, the unclaimed letter together with the certificate a. The Name of the court and the names of the parties to the action;
or sworn copy of the notice given by the postmaster to the addressee. b. A Direction that the defendant answer within the time fixed by these
Rules; and
c. A Notice that unless the defendant so answers, plaintiff will take
NOTICE OF LIS PENDENS (Sec. 14) – important judgment by default and may be granted the relief applied for.
 Applies only to actions involving TILTE TO or POSSESSION OF REAL
PROPERTY.  A copy of the complaint and order for appointment of guardian ad
 The plaintiff and the defendant, when affirmative relief is claimed in his litem, if any, shall be attached to the original and each copy of the
answer, may record in the OFFICE OF THE ROD of the province in which summons.
the property is situated a NOTICE OF THE PENDENCY OF THE
ACTION. - Service of summons is a mode of acquiring jurisdiction on the person of the
defendant.
 Contents of notice: NOD - Failure to attack a copy of the complaint to the summons is a mere technical
1. Names of parties; defect and the service of summons vests jurisdiction in the court over the
2. Object of the action or defense; defendant who may thereby be declared in default for failure to file an answer.
3. Description of the property in that province affected thereby.
If the complaint is amended, is there a need to serve summons on the basis
 Purpose of the Notice: of the amended complaint?
1. to Protect the real rights of the party who caused the registration thereof; - There is no need, unless the amended complaint introduces new causes of
2. a Warning to prospective encumbrancers or purchasers that they should action, in which case, summons must be served on the amended complaint.
keep their hands off the property unless they wish to gamble on the result - In a case where the defendant was declared in default on the original
of the litigation involving the same. complaint and the plaintiff subsequently filed an amended complaint,
summons must be served on the defendant on the amended complaint as the
 Only from the time of filing of such notice for record shall a purchaser, or original complaint was deemed withdrawn upon such amendment.
encumbrancer of the property affected thereby, be deemed to have
constructive notice of the pendency of the action, and only of its pendency SERVICE OF SUMMONS IS MADE BY THE FOLLOWING: SDOA
against the parties designated by their real names. 1. Sheriff;
2. Deputy of the sheriff;
 Can it be CANCELLED? YES. Only upon order of the court. 3. Other proper court officers; or
Grounds for cancellation: PN 4. For justifiable reasons, Any suitable person authorized by the court issuing the
1. Purpose of the notice is to molest the adverse party; summons.
2. It is Not necessary to protect the rights of the party who caused it to be
recorded. - This enumeration is exclusive. If service is made by persons not included
in this enumeration, service of summons is invalid.
RULE 14 – SUMMONS
What is the OBLIGATION OF THE SERVER?
 Upon the filing of the complaint and the payment of the requisite legal  When the service has been completed, the SERVER shall, within 5 days
fees, the CLERK OF COURT shall forthwith issue the corresponding therefrom, serve a COPY OF THE RETURN personally or by registered mail,
summons to the defendants. to the plaintiff’s counsel, and shall return the SUMMONS to the clerk
who issued it, accompanied by the PROOF OF SERVICE.
CONTENTS of SUMMONS:
- PURPOSE:
 1. Basis for declaration of defendant in default. - Describe in the Return the facts and circumstances surrounding the attempted
2. If not served, for issuance of alias summons. personal service.
- Date and time of the attempts on personal service.
ISSUANCE of ALIAS SUMMONS (Sec. 5) – exam question - Inquiries made to locate the defendant.
 If a summons is returned without being served on any or all of the - Name of the occupants of the alleged residence or house of defendant.
defendants, the SERVER shall also serve a COPY OF THE RETURN on the
plaintiff’s counsel, stating the reasons for the failure of service, within 5
days therefrom.
 In such a case, or of the summons has been lost, the CLERK, on demand of c. Person of suitable age and discretion
the plaintiff, may issue an ALIAS SUMMONS. - Sheriff must determine if the person found in the alleged dwelling or residence
is of legal age, the latter’s relationship with the defendant, and whether he
KINDS OF SERVICE OF SUMMONS: PSSE comprehends the significance of the receipt of summons, and his duty to
1. Personal Service deliver the same or at least notify the defendant thereof.
2. Substituted Service
3. Service of summons by Publication SERVICE UPON ENTITY WITHOUT JURIDICAL PERSONALITY (Sec. 8)
4. Extraterritorial Service  Service may be effected upon all of the defendants by serving upon: AP
1. Any one of them (persons composing such entity);
PERSONAL SERVICE OF SUMMONS (Sec. 6) 2. Person in charge of the office or place of business maintained in such
 PREFERRED MODE of service. name.
 Whenever practicable, the summons shall be served by HANDING A COPY  But such service shall not bind individually any person whose
thereof to the defendant in person. connection with the entity has, upon due notice, been severed before the
 If he refuses to receive and sign for it – by TENDERING IT TO HIM. action was brought.

- How do you tender? By executing an affidavit and by leaving a copy of the SERVICE UPON PRISONERS (Sec. 9)
summons on the defendant.  Service effected upon him by officer having the management of such jail
or institution who is deemed deputized as a SPECIAL SHERIFF for said
SUBSTITUTED SERVICE (Sec. 7) purpose.
 If, for justifiable causes, the defendant cannot be served within a reasonable
time as provided in the preceding section, service may be effected by leaving SERVICE UPON MINORS AND INCOMPETENTS (Sec. 10)
copies of the summons at the defendant’s: RO  Summons should be served upon the MINOR, regardless of his age, and
a. Residence with some person of suitable age and discretion then residing upon his LEGAL GUARDIAN or also upon either of his parents.
therein; or  In the case of an INCOMPETENT, service must also be made on him
b. Office or regular place of business with some competent person in charge personally or upon his LEGAL GUARDIAN, but not on his parents, unless
thereof. when the latter are his legal guardians.

YUK LIN ONG v. CO – midterm question Service upon DOMESTIC Private Service upon FOREIGN Private
Before resorting to substituted service of summons, the following requirements Juridical Entity Juridical Entity
must first be complied with: ISP Made on the: PMG-CTI Made on: RGA
a. Impossibility of Prompt Personal Service 1. President 1. Resident agent designated in
- Several attempts by sheriff to personally serve summons within 1 month. 2. Managing partner accordance with law for that
- “Several attempts” means at least 3 tries on at least 2 different dates. 3. General manager purpose; or
- Sheriff must cite why such efforts were unsuccessful. 4. Corporate secretary 2. If no such agent, the
5. Treasurer Government official designated
6. In-house counsel by law to that effect; or
b. Specific details in the return
 3. Any of its officers or agents - Mailing to the last known address of defendant is important and its non-
If service is made upon a person not within the Philippines. compliance will constitute a fatal defect in the mode of service of summons.
included in the enumeration, service is
invalid and does not bind the Complaint must allege that the entity RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES (Sec. 16)
corporation. transacted business in the Philippines.  When any action is commenced against a defendant who ordinarily resides
Absence of such allegation is FATAL. within the Philippines, but who is TEMPORARILY OUT OF IT, service
may, BY LEAVE OF COURT, be also effected out of the Philippines, as
SERVICE UPON PUBLIC CORPORATIONS (Sec. 13) under the preceding section (personal service/publication + registered
 Defendant is the STATE – service made on the SOLGEN. mail).
 Defendant is a Province, City, or Municipality, or the like – service
made on EXECUTIVE HEAD, or on such other officer(s) as the law or court
may direct.
LEAVE OF COURT (Sec. 17)
SERVICE UPON THE DEFENDANT WHOSE IDENTITY or WHEREABOUTS ARE  Must be (1) by motion (2) in writing, (3) supported by affidavit of the plaintiff
UNKNOWN (Sec. 14) or some person on his behalf, (4) setting forth the grounds for the
 In any action where the defendant is designated as an unknown owner, application.
or the like, or whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by LEAVE OF COURT, be Instances where service of summons by publication is authorized, with prior
effected upon him by PUBLICATION in a newspaper of general circulation leave of court: IWNR
and in such places and for such time as the court may order. 1. Identity of defendant is unknown;
2. Whereabouts of defendant is unknown;
EXTRATERRITORIAL SERVICE (Sec. 15) – 3. Nonresident defendant not found in the Philippines and the action is in rem or
When may extraterritorial service be resorted to? quasi in rem; and
When the defendant does not reside and is not found in the Philippines, and: 4. Resident defendant temporarily out of the Philippines.
PPRP
a. Action affects the Personal status of the plaintiff; or Proof of service – Sec. 18
b. Action relates to, or the subject of which is Property within the Proof of service by publication – Sec. 19
Philippines in which the defendant has or claims a lien or interest,
actual or contingent; or  The defendant’s VOLUNTARY APPEARANCE in the action shall be
c. Relief demanded in such action consists, in whole or in part, in excluding equivalent to service of summons. The inclusion in a motion to dismiss of
the defendant from any interest in property located in the other grounds aside from lack of jurisdiction over the person of the
Philippines; or defendant shall not be deemed a voluntary appearance.
d. Property of nonresident defendant has been attached in the
Philippines.

In this Section, SERVICE OF SUMMONS may be by:

- Any order granting such leave shall specify a reasonable time, which shall not
be less than 60 days after notice, within which the defendant must
answer.