SUPERVISORY CIRCULAR NO. 22




SUPERVISORY CIRCULAR NO. 22 December 2, 1977 SUPREME COURT CIRCULARS AND ORDERS TO: ALL PROVINCIAL AND CITY SHERIFFS AND THEIR DEPUTIES SUBJECT: SERVICE OF SUMMONS AND OTHER COURT PROCESSES 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 partners. 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. PUNO Acting Judicial Consultant The Lawphil Project - Arellano Law Foundation