Rule 14 Lecture

Significant changes in the 2019 amendment

SUMMONS – one of the most important topic in civpro

- Service of summons is the only way by which a court acquires juris over the person of
the defendant which is not voluntary submission to the juris of the court
- Under normal conditions, a defendant would not want to voluntarily submit to the juris of
the court
- Important that the court has a way to acquire the person of the defendant whether the
defendant likes it or not → SERVICE OF SUMMONS
- While it it essential for the court to acquire jurisdiction over the person of the defendant,
in one class of cases, it is not necessary in another class of cases.
- Identify class of cases wherein it is essential: ACTIONS IN PERSONAM
- ACTIONS IN REM AND QUASI IN REM
- Action for Forcible Entry: BOTH a real action and action in personam
- Nullity of Marriage: BOTH personal and action in rem
- Sum of Money: BOTH personal and action in personam
- Land Registration: BOTH real action and action in rem
- Action in Personam: important that the defendant be properly served summons because
it is essential that the court acquired jurisdiction over him.
- In rem / Quasi in rem: Need NOT to acquire juris over defendant
- HOW TO DISTINGUISH:
- Personam: One which is directed to a specific defendant seeking for that defendant
personally liable to pay a certain sum of money, deliver a certain property, or do or not to
do a particular act
- Main Feature: Directed against SPECIFIC PERSON
- Purpose: To make specific defendant SPECIFICALLY LIABLE, hence, requires
court to acquire jurisdiction to pronounce judgement which can be enforced
- Examples: Sum of Money, Damages, Forcible Entry, Unlawful Detainer, Specific
Performance, Injunction → Cannot file these actions without impleading a
specific defendant and without praying that defendant to pray plaintiff a sum of
money or deliver a particular property or to do or not to do a particular act.
- Rem: Action in Rem = Action directed to a thing
- One directed to a RES which may be property or status of the plaintiff seeking to bind
ANY (not specific) person who may have the interest in the RES or property
- Directed to a specific property, no defendant named (if named, nominal
defendant)
- Action in Rem = Action against the whole world: HYPERBOLE → Judgemnt
therein may affect ANY person who may have interest in the RES (subject)
- Example: Nullity of Marriage (the res is the status of the plaintiff), adoption
proceeding (res is the status of the petitioner)
- Most of the time there is no named defendant, COURT acquire judgement over
the RES
- Essential: Court should acquire juris over the RES to which the action is directed
 - HOW DOES THE COURT ACQUIRE JURIS IN AN ACTION IN REM? 2 ways:
1. By the actual seizure of the property (res or property is placed
under custodia legis)
2. By the filing of the proper initiatory pleading

Action for land registration is a good example of an action in rem — directed to a RES (an
unregistered parcel of land)
- Petition is not filed against any specific defendant
- Register of Deeds always filed as a nominal defendant (he willbe the one to implement
judgment if the petition is granted) → But RD is not liable for anything (sum or deliver or
do or not to do) → Only to implement judgment (action is not filed against HIM but on the
parcel of land)
- In a petition for land reg, pet prays that a judgement be rendered by the court that the
RD concered to register the subject land and issue a torrens title in their favor (petitioner)
→ not to any defendant, but to an unregistered parcel of land
- Publication of filing is required (in land reg): To give constructive notice to the whole
world who may have interest in the parcel of land which is the subject of the action. He
may go to court and file a written opposition.

Main Features of Action in Rem:

1. Directed to a RES
2. Action is not directed against a real specific defendant
3. The action does not seek a specific defendant liable for any obligation
4. Purpose: To bind any person who may have an interest in the RES

Action Quasi in Rem: Combines the features in personam and in rem

- Like an action in rem, an action quasi in rem is also DIRECTED TO A RES (property, not
status)
- Names a SPECIFIC DEFENDANT
- Seeks to subject the interest of the specific defendant in the RES to a lien or obli
burdening the RES
- Definition: One which is directed to a RES but names a specific defendant
- Purpose: Subject the interest of the named defendant in the res or an obli, burdening the
RES
- Example: Action for Foreclosure of Real Estate Mortgage
- Who files? Always the mortgagee-creditor
- Action is directed to a RES (Mortgaged Property)
- Who is named defendant? Mortgagor-Debtor
- Does it seek the defendant to be liable for an obli like paying a certain sum of
money?
RULE 14
SUMMONS

One of the significant changes introduced by 2019 pandemic: Court may now authorize the
plaintiff to serve the summons to the defendant.
→ In the old rules, the sheriff, his deputy, or by any proper court officer may serve
summons.

Sec 3 Rule 14: (amended) Sheriff, deputy, or any proper court officer OR by authorization of the
Court, the court may appoint or authorize the plaintiff (only under certain circumstance)

3 instances when the court shall authorize the plaintiff to serve the summons:
1. 1st par Sec 3 - Court MAY auth the plaintiff to serve summons TOGETHER W SHERIFF
if there is failure of service of summons by the sheriff, his deputy, or other PCO
2. 2nd par - the court SHALL auth plaintiff to serve the summons if summons is to be
served on a defendant who resides the judicial region of the court or where the court sits
— sheriff, deputy, PCO will not even attempt to serve
3. The court SHALL auth the plaintiff to srve summons if the sheriff, deputy, or PCO returns
the summons unserved (Sec. 3 5th par Rule 14)

Sec 5: Service of summons in person is still the preferred mode of service of summons
- HAnding of summons to the defendant himself and informing him that he is being served
summons
- If defendant REFUSES to receive and sign: if it was personally served and he refused to
receive, it is as if he already received and the court will acquire jurisdiction over him
→ If def refuses to accept and sign. Sheriff shall leave a copy of the summons in
the presence of and within the view of the defendant

What happens if the summons cannot be served to the defendant in person?

Sheriff may now resort to SUBSTITUTED SERVICE OF SUMMONS
Requisite before resorting to SSS:
1. [Manotoc vs. CA] → now express prov under Sec. 6, Rule 14: If, for justifiable reasons,
the defendant cannot be served summons in person after at least 3 ATTEMPTS on 2
DIFF DATES, it is only then the sheriff may resort to SSS
Other Reqs:
- Must specify in his return what he did

How is SSS effected? (Sec. 6, Rule 14)

1. By leaving copies of summons at the defendants’ residence to a person who is of age
(18) and of sufficient discretion and must be a resident
2. If 1 is not feasible, by leaving a copy of the summons at the def’s office or principal place
of office w a competent person in charge of the office
→ Includes, but not limited to: a person who customarily receives correspondence for
the defendant
 3. (Only if allowed by the court) by sending a copy of the summons by email – must
exhaust first all the other ways and only if allowed

Jose vs. Bouillon

Manotoc vs. CA
Ong vs Co
Dumagas vs Gensen

HOW A DOMESTIC PRIV JURIDICAL ENTOITY (CORPO, PART, ASSOC) MAY BE SERVED
SUMMONS
Old Rules: Only by personally serving summons to its president, managing partner, gen
manager, corpsec, or in house counsel
SEC 12 Rule 14 (amended rules): In the absence of foregoing, summons may be served on
their SECRETARIES
- If secretaries are absent, may serve the summons to persons who customarily received
correspondence for the corporation at the principal office
- If UNDER RECEIVERSHIP: Shall be made on the receiver or liquidator, as the case may
be
- SHOULD THERE BE REFUSAL: After at least 3 attempts in 2 diff date – may be made
electronically if allowed by the court as provided in Sec. 6

As a rule, service of summons by publication does not vest on the court juris over the person of
the defendant. 2 instances where summons by publication will vest juris over the person of the
def — even in action in personam where it is essential to the court to acquire juris by proper
service of summons:
1. Sec. 16 - Defendant whose identity or whereabouts were unknown and cannot be
ascertained by diligent inquiry
2. Sec. 18 - Service of summons who is a resident of the PH but is temporarily out of the
PH
→ Other way: must have residence in the PH

EXTRATERRIOTORIAL SERVICE (Sec. 17)

2 requisites before ETS may be resorted to:
1. Defendant: When the def is not a resident and not found in the PH
2. Action:

-12:14!!!
Post Judgment Remedy: APPEALS
Rule 40
In Civil cases, the right to appeal is not a constitutional right. Neither part of due process clause.
Not a natural right. → MERE STATUTORY RIGHT.
- Litigant may merely appeal a judgment because there is a law that confers on him the
right to appeal
- SIGNIFICANCE that it is a mere statutory right: Consequence is that APPELLANT must
strictly comply with all the requirements prescribed by law for an appeal. Failure to
comply with ANY requirement prescribed by law is a ground for dismissal.
- Effect of an appeal to the judgment appealed from:
- When an appeal vacates the judgment, it is as if no judgment has been rendered
yet in the case → A judgment that has been vacated cannot as a rule be
executed

Distinction bet error of judgment and error of juris

1. Court commits an error of judgment when despite having juris over the subj matter, it
commits an error of fact or error of law in the exercsise of its juris
→ Court commits error of fact when it admits evidence, in which provided in the rules of
evidence, should be excluded.
a. Court after correctly admitting evidence, gives it a probative value that it does not
deserve under the rules of evid
b. When after admitting the evid, it withholds from it the probative value that it
deserveunder the rules of evid.
→ Court commits an error of law when in the exercise of its juris, the court applied the
wrong law to the set of fact correctly established in the case
- Court having juris, applied correct law but in the process of applying it,
misinterprets the law (V IMP!)

2. Court commits error of juris when, despite having no juris over the case, the court
exercises juris over the case (V IMP)
- May a court, having juris over the subject matter of the case, commit an error of
juris? YES. A court, having juris over subj matter, may commit error when in the
exercise of its juris, commits grave abuse of discretion so ssevere that a court
having no juris or having no juris over the subj matter may both commit an error
over (mali ata taena)

An error of judgement and error of juris REQUIRE DIFF REMEDIES.

If the parties’ cpunsel chooses the wrong remedy for any of these errors - disaster lol

Remedy of an aggrieved party in an error of judgment is APPEAL

Remedy for error of juris is a PETITION FOR CERTIORARI under rule 65. Provided however
that aggrived party has no appeal or any plain speedy or adequate remedy in the ordinary
course of law.
APPEAL
2 groups: Ordinary and Other Appeals

2 kind of Ordinary Appeal: (Rules 40, 41)

1. Ordinary appeal by notice of appeal
2. Ordinary appealby record on appeal

3 kinds of Other appeals:

1. Petition for review under rule 42
2. Petition for review rule 43
3. Petition for review on certiorari – APPEAL BY CERTIORARI under rule 45

ORDINARY APPEALS
When used?
When judgment appealed from is rendered by the court in the exercise of its orig juris

When to use OA by notice of appeal? When the judgment appealed from was rendered by the
courtin the exercise of its orig juris when only one appeal is allowed.
- Most frequently used
- Usually one page doc where the appellant formally informs the court and the adverse
party he is appealing the judgment to the proper court stating the date when he received
a copy of the judgment or the order of the court denying his motion for new trial or recon
- It also states that the appellant has already paid as shown in the receipts attached the
requisiye dockets and lawful fees
- Notice of appeal shall be filed within 15 days from the notice of motion for new trial
or reconsideration

OA by RECORD ON APPEAL
In this kind of OA, the record of appeal is still accompanied by notice of appeal

When should an OA by recond be used? When the judgment appealed from was rendered by
the court in the exercised of its original juris in a case where multiple or several appeal is
allowed
- Party is allowed to appeal an order of the court while the main case in spec pro or in
some special civil actions such as expropriation or partition

What is a record on appeal?

Is a compilation of all the orders of the court as well as the pleadings, motions, andother
submissions of the parties that are relevant to the particular order of the court being appealed
from.

Why is a party wanting to appeal an order of the court while the case is still pending required to
file a record of appeal?
Reason: Since the record of the case cannot be transmitted to the appellate court bec despite
the appeal, the main case will remain in the trial court.
→ Party appealing is required to furnish the app court his own copy of the case petinent to the
subj of the appeal.
→ Appellant is given 30 days from the notice of the order appealed from within which to file his
record of appeal

APPEALS FROM THE MTC TO RTC (rule 40)

Since 1st level court only exercise Orig Juris, the proper mode of appeal is ordinary appeal.
OA is used when the judgment appealed from is from the exer of its orig juris

MTC → RTC
With what court should the notice of appeal or record on appeal be filed?
Sec. 3 Notice of or Record by shall be filed with the court which rendered the judgment (MTC)

Within what period shall an appeal from a judgment of the MTC be taken to the RTC?
It depends.
By notice of appeal – should be filed with the MTC within 15 days from notice of judgment or
receipt of the order or denying the motion for new trial or reconsideration

48:42