Service of Summons and Other Court Processes

December 2, 1977

SUPREME COURT SUPERVISORY CIRCULAR NO. 22-77

 

The attention of this Court has been called to instances of pending cases whose disposition has been unduly delayed due allegedly either to the ignorance and/or to carelessness of the sheriffs concerned in the performance of their duties, especially in the matter of serving court summons, particularly upon private domestic corporations or partnerships.

As a reminder and for the guidance of all concerned, Section 13 of Rule 14 of the Revised Rules of Court, which governs such service, is reproduced hereunder:

"Sec. 13. Service upon private domestic corporation or partnership. — If the defendant is a corporation organized under the laws of the Philippines or a partnership duly registered, service may be made on the president, manager, secretary, cashier, agent or any of its directors." (Emphasis supplied.)

In Delta Motors Corporation v. Mangosing (L-41667, April 30, 1976; 70 SCRA 598), this Court made the following pronouncements in connection with the aforequoted Rule:

"For purposes of receiving service of summons and being bound by it, a corporation is identified with its agent or officer who under the rule is designated to accept service of process. . . .

"A strict compliance with the mode of service is necessary to confer jurisdiction of the court over a corporation. The officer upon whom service is made must be one who is named in the statute; otherwise service is insufficient. . . ."

Strict observance of the foregoing is hereby enjoined.

December 2, 1977.

(SGD.) RICARDO C. PUNOActing Judicial Consultant