Rule 10

Amended and Supplemental Pleadings

SECTION 1. Amendments in general. — Pleadings may be amended by adding or striking out an

SECTION 2. Amendments as a matter of right. — A party may amend his pleading once as a matter of
right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten
(10) calendar days after it is served. (2a)

SECTION 3. Amendments by leave of court. — Except as provided in the next preceding section,
substantial amendments may be made only upon leave of court. But such leave shall be refused if it
appears to the court that the motion was made with intent to delay or confer jurisdiction on the court,
or the pleading stated no cause of action from the beginning which could be amended. Orders of the
court upon the matters provided in this section shall be made upon motion filed in court, and after
notice to the adverse party, and an opportunity to be heard. (3a)

SECTION 4. Formal amendments. — A defect in the designation of the parties and other clearly clerical
or typographical errors may be summarily corrected by the court at any stage of the action, at its
initiative or on motion, provided no prejudice is caused thereby to the adverse party. (4a)

SECTION 5. No amendment to conform to or authorize presentation of evidence. — When issues not

SECTION 6. Supplemental pleadings. — Upon motion of a party the court may, upon reasonable notice
and upon such terms as are just, permit him or her to serve a supplemental pleading setting forth
transactions, occurrences or events which have happened since the date of the pleading sought to be
supplemented. The adverse party may plead thereto within ten (10) calendar days from notice of the
order admitting the supplemental pleading. (6a)

SECTION 7. Filing of amended pleadings. — When any pleading is amended, a new copy of the entire
pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed.
(7a)

SECTION 8. Effect of amended pleadings. — An amended pleading supersedes the pleading that it
amends. However, admissions in superseded pleadings may be offered in evidence against the pleader;
and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed
waived. (n)

Amendments In General

Pleadings may be amended by adding or striking out an allegation or the name of any party, or by
correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any
other respect, so that the actual merits of the controversy may speedily be determined, without regard
to technicalities, and in the most expeditious and inexpensive manner.

Amendments as a Matter of Right

A party may amend his pleading only once as a matter of right at any time before a responsive pleading
is served or, in the case of a reply, at any time within ten (10) calendar days after it is served.

Thus, before an answer is served on the plaintiff, the latter may amend his complaint as a matter of
right. The defendant may also amend his answer as a matter of right, before a reply is served upon him.
In either case, there is no need to file a motion for leave to amend the pleading.

If the defendant has already filed an amended answer as a matter of right, the defendant may still file
another amended answer, but that has to be done by leave of court.
If the defendant has filed a motion to dismiss, the plaintiff can amend his complaint as a matter of right
because no responsive pleading has been filed.

Amendments by Leave of Court

If the amendment of the pleading is not a matter of right, then it must be done by leave of court. In
other words, if the opposing party has already filed a responsive pleading or the party already amended
the pleading as a matter of right, then such amendments can only be done by leave of court.

If the party seeks to amend the pleading by leave of court, the court is not obliged to grant such leave. In
fact, the court can refuse to grant such leave if it appears to the court that:

The motion was made with intent to delay;

Confer jurisdiction on the court; or

The pleading stated no cause of action from the beginning which could be amended.

Formal Amendments

A defect in the designation of the parties and other clearly clerical or typographical errors may be
summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party.
No Amendment Necessary to Conform to Evidence

When issues not raised by the pleadings are tried with the express or implied consent of the parties,
they shall be treated in all respects as if they had been raised in the pleadings. No amendment of such
pleadings deemed amended is necessary to cause them to conform to the evidence.

Supplemental Pleadings

Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit
him to serve a supplemental pleading setting forth transactions, occurrences or events which have
happened since the date of the pleading sought to be supplemented. The adverse party may plead
thereto within ten (10) calendar days from notice of the order admitting the supplemental pleading.

Thus, if a supplemental complaint is filed, the defendant has twenty (20) calendar days from the
admission by the court of the said complaint to file an answer thereto. However, if an answer has
already been filed before the admission of the supplemental complaint, the said answer shall serve as a
responsive pleading thereto.

Effect of Amended Pleadings

An amended pleading supersedes the pleading that it amends. However, admissions in superseded
pleadings may be offered in evidence against the pleader; and claims or defenses alleged therein not
incorporated in the amended pleading shall be deemed waived.
RULE 14

Summons

SECTION 1. Clerk to issue summons. — Unless the complaint is on its face dismissible under Section 1,
Rule 9, the court shall, within five (5) calendar days from receipt of the initiatory pleading and proof of
payment of the requisite legal fees, directthe clerk of court to issue the corresponding summons to the
defendants. (1a)

SECTION 2. Contents. — The summons shall be directed to the defendant, signed by the clerk of court
under seal, and contain:

(a) The name of the court and the names of the parties to the action;

(b) When authorized by the court upon ex-parte motion, an authorization for the plaintiff to serve
summons to the defendant;

(c) A direction that the defendant answer within the time fixed by these Rules; and

(d) a notice that unless the defendant so answers, plaintiff will take judgment by default and may be
granted the relief applied for.

A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the
original and each copy of the summons. (3a)

SECTION 3. By whom served. — The summons may be served by the sheriff, his deputy, or other proper
court officer, and in case of failure of service of summons by them, the court may authorize the plaintiff
- to serve the summons - together with the sheriff.
In cases where summons is to be served outside the judicial region of the court where the case is
pending, the plaintiff shall be authorized to cause the service of summons.

If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized
representative therein, attaching a board resolution or secretary's certificate thereto, as the case may
be, stating that such representative is duly authorized to serve the summons on behalf of the plaintiff.

If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no
summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and
the plaintiff shall be meted appropriate sanctions.

If summons is returned without being served on any or all the defendants, the court shall order the
plaintiff to cause the service of summons by other means available under the Rules.

Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice.
(5a)

SECTION 4. Validity of summons andIssuance of alias summons. — Summons shall remain valid until duly
served, unless it is recalled by the court. In case of loss or destruction of summons, the court may, upon
motion, issue an alias summons.

There is failure of service after unsuccessful attempts to personally serve the summons on the
defendant in his address indicated in the complaint. Substituted service should be in the manner
provided under Section 6 of this Rule. (5)

SECTION 5. Service in person on defendant. — Whenever practicable, the summons shall be served by
handing a copy thereof to the defendant in person and informing the defendant that he or she is being
served, or, if he or sherefuses to receive and sign for it, by leaving the summons within the view and in
the presence of the defendant. (7a)
SECTION 6. Substituted service. — If, for justifiable causes, the defendant cannot be served personally
after at least three (3) attempts on two (2) separate dates, service may be effected:

(a) by leaving copies of the summons at the defendant's residence to a person at least eighteen (18)
years of age and of sufficient discretion residing therein;

(b) by leaving the copies of the summonsat defendant's office or regular place of business with some
competent person in charge thereof. A competent person includes, but not limited to, one who
customarily receives correspondence for the defendant;

(c) By leaving copies of the summons, if refused entry upon making his or her 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 the building where the defendant may be found; and

(d) By sending an electronic mail to the defendant's electronic mail address, if allowed by the court.(7)

SECTION 7. Service upon entity without juridical personality. — When persons associated in an entity
without juridical personality are sued under the name by which they are generally or commonly known,
service may be effected upon all the defendants by serving upon any one of them, or upon the person in
charge of the office or place of business maintained in such name. But such service shall not bind
individually any person whose connection with the entity has, upon due notice, been severed before the
action was filed. (9a)

SECTION 8. Service upon prisoners. — When the defendant is a prisoner confined in a jail or institution,
service shall be effected upon him by the officer having the management of such jail or institution who is
deemed deputized as a special sheriff for said purpose. The jail warden shall file a return within five (5)
calendar days from service of summons to the defendant.(9)

SECTION 9. Service consistent with international conventions. - Service may be made through methods
which are consistent with established international conventions to which the Philippines is a party. (n)
SECTION 10. Service upon minors and incompetents. — When the defendant is a minor, insane or
otherwise an incompetent person, service of summonsshall be made upon him or herpersonally and on
his or herlegal guardian if he or shehas one, or if none, upon his or herguardian ad litem whose
appointment shall be applied for by the plaintiff. In the case of a minor, service shall be made on his or
her parent or guardian. (10a, 11a)

SECTION 11. Service upon spouses. - When spouses are sued jointly, service of summons should be
made to each spouse individually (n)

SECTION 12. Service upon domestic private juridical entity. — When the defendant is a corporation,
partnership or association organized under the laws of the Philippines with a juridical personality,
service may be made on the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel of the corporation wherever they may be found, or in their absence or
unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person
who customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall be
made on the receiver or liquidator, as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at
least three (3) attempts on two (2) separate dates, service may be made electronically, if allowed by the
court, as provided under Section 6 of this rule. (11)

SECTION 13. Duty of counsel of record. - Where the summons is improperly served and a lawyer makes a
special appearance on behalf of the defendant to, among others, question the validity of service of
summons, the counsel shall be deputized by the court to serve summons on his client.(n)

SECTION 14. Service upon foreign private juridical entity. — When the defendant is a foreign private
juridical entity which has transacted or is doingbusiness in the Philippines, as defined by law,service may
be made on its resident agent designated in accordance with law for that purpose, or, if there be no
such agent, on the government official designated by law to that effect, or on any of its officers, agents,
directors or trusteeswithin the Philippines.

If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has
transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected
outside of the Philippines through any of the following means:

(a) By personal service coursed through the appropriate court in the foreign country with the assistance
of the department of foreign affairs;

(b) By publication once in a newspaper of general circulation in the country where the defendant may be
found and by serving a copy of the summons and the court order by registered mail at the last known
address of the defendant;

(c) By facsimile;

(d) By electronic means with the prescribed proof of service; or

(e) By such other means as the court, in its discretion, may direct.(12)

SECTION 15. Service upon public corporations. — When the defendant is the Republic of the Philippines,
service may be effected on the Solicitor General; in case of a province, city or municipality, or like public
corporations, service may be effected on its executive head, or on such other officer or officers as the
law or the court may direct. (15)

SECTION 16. Service upon defendant whose identity or whereabouts are unknown. — In any action
where the defendant is designated as an unknown owner, or the like, or whenever his or
herwhereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar
days from the commencement of the action,service may, by leave of court, be effected upon him or
herby publication in a newspaper of general circulation and in such places and for such time as the court
may order.
Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60)
calendar days after notice, within which the defendant must answer. (16a)

SECTION 17. Extraterritorial service. — When the defendant does not reside and is not found in the
Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of
which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual
or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant
from any interest therein, or the property of the defendant has been attached within the Philippines,
service may, by leave of court, be effected out of the Philippines by personal service as under Section 6;
or as provided for in international conventions to which the Philippines is a party;or by publication in a
newspaper of general circulation in such places and for such time as the court may order, in which case
a copy of the summons and order of the court shall be sent by registered mail to the last known address
of the defendant, or in any other manner the court may deem sufficient. Any order granting such leave
shall specify a reasonable time, which shall not be less than sixty (60) calendardays after notice, within
which the defendant must answer. (17a)

SECTION 18. Residents temporarily out of the Philippines. — When any action is commenced against a
defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by
leave of court, be also effected out of the Philippines, as under the preceding section. (18a)

SECTION 19. Leave of court. — Any application to the court under this Rule for leave to effect service in
any manner for which leave of court is necessary shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the application. (19)

SECTION 20. Return. — Within thirty (30) calendar days from issuance of summons by the clerk of court
and receipt thereof, the sheriff or process server, or person authorized by the court, shall complete its
service. Within five (5) calendar days from service of summons, the server shall file with the court and
serve a copy of the return to the plaintiff's counsel, personally, by registered mail, or by electronic
means authorized by the Rules.

Should substituted service have been effected, the return shall state:
(1) The impossibility of prompt personal service within a period of thirty (30) calendar days from issue
and receipt of summons;

(2) The date and time of the three (3) attempts on at least two (2) separate dates to cause personal
service and the details of the inquiries made to locate the defendant residing thereat; and

(3) The name of the person at least eighteen (18) years of age and of sufficient discretion residing
thereat; name of competent person in charge of the defendant's office or regular place of business, or
name of the officer 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.(4)

SECTION 21. Proof of service. — The proof of service of a summons shall be made in writing by the
server and shall set forth the manner, place, and date of service; shall specify any papers which have
been served with the process and the name of the person who received the same; and shall be sworn to
when made by a person other than a sheriff or his or herdeputy.

If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as
served, and the affidavit of the person mailing, shall constitute as proof of service. (18)

SECTION 22. Proof of service by publication. — If the service has been made by publication, service may
be proved by the affidavit of the publisher, editor, business or advertising manager, to which affidavit a
copy of the publication shall be attached, and by an affidavit showing the deposit of a copy of the
summons and order for publication in the post office, postage prepaid, directed to the defendant by
registered mail to his or herlast known address. (19)

SECTION 23. Voluntary appearance. — The defendant's voluntary appearance in the action shall be
equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack
of jurisdiction over the person of the defendant shall be deemed a voluntary appearance.

Summons

Nature
Service of summons is a vital and indispensable ingredient of due process and compliance with the rules
regarding the service of summons is not only a requirement of due process but also of jurisdiction.

Summons is the writ by which the defendant is notified of the action brought against him or her.

Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss or
destruction of summons, the court may, upon motion, issue an alias summons.

Purpose

Its purpose is two-fold:

To acquire jurisdiction over the person of the defendant; and

To notify the defendant that an action has been commenced so that he may be given an opportunity to
be heard on the claim against him or her.

In Personam

In an action in personam, the purpose of summons is not only to comply with due process but also to
acquire jurisdiction over the person of the defendant.
In Rem & Quasi In Rem

In an action in rem and quasi in rem, the purpose of summons is to satisfy the due process requirement
and to acquire jurisdiction over the res. It is not primarily concerned with the jurisdiction over the
person of the defendant.

Voluntary appearance

How does the court acquire jurisdiction over the defendant? One simple method is voluntary
appearance.

The defendant’s voluntary appearance in the action shall be equivalent to service of summons. (Sec. 23.)

The effects of a valid service of summons will necessarily flow from the voluntary appearance of the
defendant, such appearance being equivalent to service of summons. Because of the “principle of
voluntary appearance,” an absence of service of summons or even an invalid service of summons will
not prevent the court from acquiring jurisdiction over the defendant as long as he performs acts that
could be construed as a voluntary appearance.

What if, in the motion to dismiss or answer, the objection to the jurisdiction over the person of the
defendant is coupled with other defenses or grounds for dismissal? Would the inclusion of other
grounds for dismissal be considered a voluntary submission to the authority of the court?

The recently amended Rules of Court states that, “The inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of the defendant shall be deemed a voluntary
appearance.” Thus, if the defendant files a Motion to Dismiss and raises the defense of lack of
jurisdiction over the person of the defendant and raises other defenses (i.e. lack of jurisdiction over the
subject matter or res judicata), that act will be interpreted to be voluntary appearance.

Thus, in the landmark case of La Naval Drug Corporation vs. Court of Appeals (236 SCRA 78) the
Supreme Court declared that the raising of other defenses by the defendant should not be construed as
a voluntary appearance. Because of the amendment to the Rules of Court, that landmark ruling has
been considered abrogated.

Personal Service

By Whom Served

Prior to the amendment, the summons may be served by the sheriff, his deputy, or other proper court
officer, or for justifiable reasons by any suitable person authorized by the court issuing the summons.
Now it is quite different, and the present rules are much more complicated.

The summons may still be served by the sheriff, his deputy, or other proper court officer. The big
difference is that, in case of failure of service of summons by them, the court may authorize the plaintiff
– to serve the summons – together with the sheriff.

Also, in cases where summons is to be served outside the judicial region of the court where the case is
pending, the plaintiff shall be authorized to cause the service of summons.

If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized
representative therein, attaching a board resolution or secretary’s certificate thereto, as the case may
be, stating that such representative is duly authorized to serve the summons on behalf of the plaintiff.
If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no
summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and
the plaintiff shall be meted appropriate sanctions.

If summons is returned without being served on any or all the defendants, the court shall order the
plaintiff to cause the service of summons by other means available under the Rules.

Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice.

Service In Person

Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in
person and informing the defendant that he or she is being served, or, if he or she refuses to receive and
sign for it, by leaving the summons within the view and in the presence of the defendant. Thus, the
preferred mode of service of summons is personal service. The sheriff and the plaintiff cannot resort to
other means of service of summons without serving the summons personally first.

Service Upon Domestic Private Juridical Entity

When the defendant is a corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the president, managing partner,
general manager, corporate secretary, treasurer, or in-house counsel of the corporation wherever they
may be found, or in their absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person
who customarily receives the correspondence for the defendant at its principal office.

Prior to the amendment, the enumeration as to whom the service of summons be made was exclusive.
This is not exactly true anymore.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall be
made on the receiver or liquidator, as the case may be.

Should there be a refusal on the part of the person above-mentioned to receive summons despite at
least three (3) attempts on two (2) separate dates, substituted service may be made electronically, if
allowed by the court.

Service Upon Foreign Private Juridical Entities

When the defendant is a foreign private juridical entity which has transacted or is doing business in the
Philippines, as defined by law, service may be made on its resident agent designated in accordance with
the law for that purpose, or, if there by no such agent, on the government official designated by law to
that effect, or on any of its officers, agents, directors or trustees within the Philippines.

If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has
transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected
outside of the Philippines through any of the following means:
or

Service Upon Public Corporations

When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General;
in case of a province, city or municipality, or like public corporations, service may be effected on its
executive head, or on such other officer or officers as the law or the court may direct.

Service Upon Prisoners

When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him or
her by the officer having the management of such jail or institution who is deemed deputized as a
special sheriff for said purpose. The jail warden shall file a return within five (5) calendar days from
service of summons to the defendant.

Service Upon Minors and Incompetents

When the defendant is a minor, insane or otherwise an incompetent, service of summons shall be made
upon him or her personally and on his or her legal guardian if he or she has one, or if none, upon his or
her guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor,
service shall be made on his or her parent or guardian.
Service Upon Spouses

When spouses are sued jointly, service of summons should be made to each spouse individually.

Substituted Service

The amended rules are now more specific as to when substituted service of summons may be availed of.

If, for justifiable causes, the defendant cannot be served personally after at least three (3) attempts on
two (2) separate dates, service may be effected:

; and

Constructive Service

The recognized method of constructive service is through publication. There are two instances wherein
constructive service of summons may be done.
Defendant Whose Identity or Whereabouts Are Unknown

In any action where the defendant is designated as an unknown owner, or the like, or whenever his or
her whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar
days from the commencement of the action, service may, by leave of court, be effected upon him or her
by publication in a newspaper of general circulation and in such places and for such time as the court
may order.

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

Residents Temporarily Out of the Philippines

When any action is commenced against a defendant who ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines,
similarly like extraterritorial service.

Extraterritorial Service
When the defendant does not reside and is not found in the Philippines, and the action affects the
personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in
which the defendant has or claims a lien or interest, actual or contingent, or in which the relief
demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the
property of the defendant has been attached within the Philippines, service may, by leave of court, be
effected out of the Philippines by personal service as under Section 6; or as provided for in international
conventions to which the Philippines is a party; or by publication in a newspaper of general circulation in
such places and for such time as the court may order, in which case a copy of the summons and order of
the court shall be sent by registered mail to the last known address of the defendant, or in any other
manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time,
which shall not be less than sixty (60) calendar days after notice, within which the defendant must
answer.

Proof of Service

Generally

The proof of service of a summons shall be made in writing by the server and shall set forth the manner,
place, and date of service; shall specify any papers which have been served with the process and the
name of the person who received the same; and shall be sworn to when made by a person other than a
sheriff or his or her deputy.

This is generally called the Sheriff’s Return.

If the service has been made by publication, service may be proved by the affidavit of the publisher,
editor, business or advertising manager, to which affidavit a copy of the publication shall be attached,
and by an affidavit showing the deposit of a copy of the summons and order for publication in the post
office, postage prepaid, directed to the defendant by registered mail to his or her last known address.

This is generally called the Affidavit of Publication.

By Email

If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as
served, and the affidavit of the person mailing, shall constitute as proof of service.

Service Consistent With International Conventions

Service may be made through methods which are consistent with established international conventions
to which the Philippines is a party.
Objections to Service of Summons

Where the summons is improperly served and a lawyer makes a special appearance on behalf of the
defendant to, among others, question the validity of service of summons, the counsel shall be deputized
by the court to serve summons on his client.