NAME: SCORE:

SHORT QUIZ
RULE 13(FILING AND SERVICE & 14 (SUMMONS)
I
Attorney Woo, the newly-hired lawyer of a law firm, booked Samurai Express, a duly accredited
courier service within the National Capital Judicial Region, to serve a copy of a motion for
reconsideration to Attorney Han, counsel for the adverse party, whose office is in the City of
Manila. Attorney Han moved to deny the motion for failure to contain a written explanation as
to why the motion was not served personally.
(a) Was the motion for reconsideration properly served? Explain briefly.
(b) What shall be considered as proof of service of this motion? Explain briefly. (5 points)

II
LA Lakers Inc. sued Tristan, a resident of Bukidnon. To serve summons, the sheriff waited in the
lobby of Makati Hotel (MH), where Tristan stays whenever he is in Manila. The sheriff failed to
serve the summons because Tristan left the hotel for an emergency. Hours later, the sheriff
asked the front desk about Tristan’s whereabouts and his room number. The hotel refused to
disclose on grounds of confidentiality. The sheriff tried again the next day, but Tristan was in a
conference until midnight. So, the following day, the sheriff left the summons and a copy of the
complaint with MH's chief security officer (CSO), even as the CSO refused because Tristan had
already checked out by then. The sheriff thereafter filed his return, stating the dates, times and
places of his attempts, the name of the CSO, and the fact that the complaint was served with
the summons. When Tristan did not file an Answer, LA Lakers Inc. moved to declare him in
default.
Was there a valid substituted service of summons? Explain briefly. (5 points)

III
Ten days after service of summons, defendant Maldita filed a motion to dismiss the complaint
for collection of sum of money against her on the ground of improper service of summons, on
the basis of which the court did not acquire jurisdiction over her person.
If you were the judge, how would you rule? Explain briefly. (5 points)

IV

Harry filed a suit with the RTC of Pasay against King Charles and/or Estate of King Charles for
reconveyance of a lot declared in the name of King Charles under TCT No. 1234. The complaint
alleged that "on account King Charles’ residence abroad up to the present and the uncertainty
of whether he is still alive or dead, he or his estate may be served with summons by
publication." Summons was published and nobody filed any responsive pleading within sixty
(60) days therefrom. Upon motion, defendants were declared in default and judgment was
rendered declaring Harry as legal owner and ordering defendants to reconvey said lot to Harry.

Sunak, the court-designated administrator of King Charles’ estate, filed a petition for annulment
of judgment before the CA praying that the decision in favor of Harry be declared null and void
for lack of jurisdiction. He claims that the action filed by Harry is an action in personam and that
the court did not acquire jurisdiction over defendants King Charles and/or his estate. On the
other hand, Harry claims that the suit is an action in rem or at least an action quasi in rem.

Is the RTC judge correct in ordering service of summons by publication? Explain. (5%)

Zayn sued Justin for specific performance. Justin knew that Zayn was going to file the case so he
went out of town and temporarily stayed in another city to avoid service of summons. Zayn
engaged the services of Sheriff Snoop Dogg to serve the summons but when the latter went to
the residence of Justin, he was told by the caretaker thereof that his employer no longer resides
at the house. The caretaker is a high school graduate and is the godson of Justin. Believing the
caretaker's story to be true, Sheriff Snoop Dogg left a copy of the summons and complaint with
the caretaker.

Was there a valid substituted service of summons?

Discuss the requirements for a valid service of summons. (5%)

VI

Circe Helen filed with the RTC a complaint for the foreclosure of real estate mortgage against
siblings Scylla Persephone and Charybdis Aphrodite, co-owners of the property and
cosignatories to the mortgage deed. The siblings permanently reside in Athens, Greece. Helen
tipped off Sheriff Pluto that Persephone is on a balikbayan trip and is billeted at the Century
Plaza Hotel in Pasay City. Sheriff Pluto went to the hotel and personally served Persephone the
summons, but the latter refused to receive summons for Aphrodite as she was not authorized
to do so. Sheriff Pluto requested Persephone for the email address and fax number of
Aphrodite which the latter readily gave. Sheriff Pluto, in his return of the summons, stated that
"Summons for Persephone was served personally as shown by her signature on the receiving
copy of the summons. Summons on Aphrodite was served pursuant to the amendment of Rule
14 by facsimile transmittal of the summons and complaint on defendant's fax number as
evidenced by transmission verification report automatically generated by the fax machine
indicating that it was received by the fax number to which it was sent on the date and time
indicated therein."

Helen, sixty (60) days after her receipt of Sheriff Pluto's return, filed a Motion to Declare
Aphrodite in default as Aphrodite did not file any responsive pleading.

a.) Should the court declare Aphrodite in default? (2%)

Persephone seasonably filed her answer setting forth therein as a defense that Aphrodite had
paid the mortgage debt.

b.) On the premise that Aphrodite was properly declared in default, what is the effect of
Persephone’s answer to the complaint? (2%)

VII
Alfie Bravo Alpha filed with the Regional Trial Court of Caloocan, a complaint for a sum of
money against Charlie Delta Omega. The claim is for Php1.5Million. The complaint alleges that
Omega borrowed the amount from Alpha and duly executed a promissory note as evidence of
the loan. Omega’s office secretary, Reeve, received the summons at Omega’s office. Omega
failed to file an answer within the required period, and Alpha moved to declare Omega in
default and to be allowed to present evidence ex parte. Ten days later, Charlie filed his verified
answer, raising the defense of full payment with interest.

(A) Was there proper and valid service of summons on Omega? (3%)

(B) If declared in default, what can Omega do to obtain relief? (4%)

VIII

Kylie filed an action for partition and accounting in the Regional Trial Court (RTC) of Manila
against her sister Kendall, who is a resident of Singapore and is not found in the Philippines.
Upon motion, the court ordered the Publication of the summons for three weeks in a local
tabloid, Bulgar. Hailey, an OFW vacationing in the Philippines, saw the summons in Bulgar and
brought a copy of the tabloid when she returned to Singapore. Hailey showed the tabloid and
the page containing the summons to Kendall, who said, “Yes I know, my kumare scanned and e-
mailed that page of Bulgar to me!”

Did the court acquire jurisdiction over Kendall?

May Summons be served by mail?

IX

Seven years after the entry of judgment, the plaintiff filed an action for its revival. Can the
defendant successfully oppose the revival of the judgment by contending that it is null and void
because the RTC-Manila did not acquire jurisdiction over his person? Why? (3%)

a) What is the effect of absence of summons on the judgment rendered in the case? (2%)

b) When additional defendant is impleaded in the action, is it necessary that summons be

c) Is summons required to be served upon a defendant who was substituted for the deceased?
Explain. (2%)

d) Babygurl sued XX Corporation (XXC), a corporation organized under Philippine laws, for
specific performance when the latter failed to deliver T-shirts to the former as stipulated in
their contract of sale. Summons was served on the corporation's cashier and director.

Would you consider service of summons on either officer sufficient? Explain. (2%)

XI

Sophia filed with filed the Regional Trial Court of Binan, Laguna, a complaint for sum of money
amounting to P1 Million against Scott. The complaint alleges, among others, that Scott
borrowed from Sophia the said amount as evidenced by a promissory note signed by Scott and
his wife, jointly and severally. Scott was served with summons which was received by Linda
Hailey, his secretary. However, Scott failed to file an answer to the complaint within the 15-day
reglementary period. Hence, Sophia filed with the court a motion to declare Scott in default and
to allow her to present evidence ex parte. Five days thereafter, Scott filed his verified answer to
the complaint, denying under oath the genuineness and due execution of the promissory note
and contending that he has fully paid his loan with interest at 12% per annum.

1. Was the summons validly served on Scott? (2.5%)

2. If you were the judge, will you grant Sophia's motion to declare Scott in default? (2.5%)