Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Commencement of actions.
SEC. 389. Commencement of actions. — Civil actions must be commenced by filing a complaint with the clerk of the court in which the action is to be instituted. The date of the filing of the complaint upon which process is issued and duly served shall be deemed to be the true time of the commencement of the action.
Proceedings of clerk on filing complaint.
SEC. 390. Proceedings of clerk on filing complaint. — The clerk must indorse on the complaint the day, month, and year that it is filed; and shall forthwith issue one summons or more for calling the defendants into court.
Defendants residing in different provinces.
SEC. 391. Defendants residing in different provinces. — If the defendants reside in different provinces, one summons shall issue for all the defendants living in one province and another for all the defendants living in another province, and in the same way until a summons has been issued for all defendants.
The summons.
SEC. 392. The summons. — The summons must be directed to the defendant, signed by the clerk, and issued under the seal of the court, and must contain: 1. The names of the parties to the action, the court in which it is brought, and the province in which the complaint is filed; 2. The direction that the defendant appear within twenty days, if the summons is served within the province in which the action is brought; within forty days, if served elsewhere; and answer the complaint within the time fixed by the rules of court; 3. A notice that unless the defendant so appears and answers, plaintiff will take judgment by default and demand from the court the relief applied for in the complaint; 4. A copy of the complaint.
Summons lost or not served.
SEC. 393. Summons lost or not served. — If a summons is returned without being served on any or all of the defendants, or if it has been lost, the clerk, upon demand of the plaintiff, may issue other summons, as occasion may require, in the same form as the original.
Service of summons.
SEC. 394. Service of summons. — The summons may be served by the governor of the province where the defendant is found, or in which the service is made by his authorized deputy. A copy of the summons and complaint must be served upon each of the defendants. When service of the summons has been completed by the governor or his deputy, it must be returned with a certificate of its service to the office of the clerk from which it is issued. The certificate of service must state in full the time, place, and manner of making service.
Service by indifferent person.
SEC. 395. Service by indifferent person. — When neither the governor nor his deputy is conveniently available for the service of a summons, the judge or clerk of court may, by writing indorsed upon the summons, appoint some disinterested person to serve the summons. When the service has been completed by such disinterested person, it shall be returned to the office of the clerk from which it issued, with a certificate of the time, place, and manner of its service, signed by the party making the service, together with an affidavit of such person that the facts stated in his certificate are true.
Manner of serving summons.
SEC. 396. Manner of serving summons. — The summons must be served by delivering a copy thereof, as follows: 1. If the suit is against a corporation formed under the laws of the Philippine Islands, to the president or other head of the corporation, secretary, cashier, or managing agent thereof; 2. If the suit is against a foreign corporation, or a nonresident joint stock company, or association doing business in and having a managing or business agent, cashier, or secretary within the Philippine Islands, to such agent, cashier, or secretary; 3. If against a minor under the age of thirteen years, residing within the Philippine Islands, to such minor, personally, and also his father, mother, or guardian; or, if there be none within the Islands, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. 4. If against a person residing within the Islands who has been judicially declared of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person and also to his guardian; 5. If against a province, city, municipality, or pueblo, to the mayor or president, or other head of the legislative department thereof, or to the clerk or secretary thereof ; 6. In all other cases, to the defendant personally, or by leaving a copy at his usual place of residence, in the hands of some person resident therein of sufficient discretion to receive the same. But service upon a corporation, as provided in subsections one and two, may be made by leaving the copy at the office of the proper officer thereof if such officer can not be found.
What equivalent to service.
SEC. 397. What equivalent to service. — An acknowledgment on the back of the summons by the defendant or his voluntary appearance in the action shall be equivalent to service.
Service upon absent or unknown defendants.
SEC. 398. Service upon absent or unknown defendants. — Where the person on whom service is to be made resides out of the Philippine Islands, or has departed therefrom, or can not, after due diligence, be found within the Islands, or conceals himself to avoid the service of summons, or is a foreign corporation having no managing or business agent, cashier, or secretary within the Islands, and the fact appears by affidavit to the satisfaction of the judge of the court where the action is pending, and it also appears by such affidavit that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; and when it appears by such affidavit, or by the complaint on file that it is an action which relates to, or the subject of which is real or personal property within the Islands, in which such person defendant or foreign corporation defendant, has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part in excluding such person or foreign corporation from any interest therein, such judge may make an order that the service may be made by publication of the order which shall fix the date on which the defendant is required to appear.
Order for service by publication.
SEC. 399. Order for service by publication. — The order must direct the publication to be made in such newspaper or newspapers, to be designated by the judge, as is, or are most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a week for three consecutive weeks; but the last publication against a defendant residing out of the Islands, or absent therefrom, must not be less than two months before the day on which the defendant is required to appear. In case of publication, where the residence of a nonresident or absent defendant is known, the judge must direct a copy of the summons and complaint to be forthwith deposited by the clerk in the post-office, postage prepaid, directed to the person to be served, at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint outside of the Islands is equivalent to publication and deposit in the post-office, and in either case the service of the summons is complete at the expiration of the time prescribed by the order of publication.
Proof of the service.
SEC. 400. Proof of the service. — Proof of the service of summons and complaint must be made, as follows: 1. If served by the governor or his deputy, by his certificate thereof on the summons; 2. If by any other person, by his affidavit thereof; or 3. In case of publication, by the affidavit of the printer, or his foreman, or principal clerk, to which affidavit a copy of the publication shall be attached; and an affidavit showing the deposit of a copy of the summons, in the post-office, that the same has been deposited; or 4. The written admission of the defendant. The certificate or affidavit must state the time and place of service.
Service in actions affecting the title to land.
SEC. 401. Service in actions affecting the title to land. — In an action affecting the title or the right of possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may record in the office of the registrar of land titles of the province in which the property is situated a notice of the pendency of the action, containing the names of the parties and the object of the action or defense, and a description of the property in that province affected thereby. From the time only of filing such notice for record shall a purchaser, or incumbrancer of the property affected thereby, be deemed to have constructive notice of the pendency of the action, but only of its pendency against parties designated by their real names.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).