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Oct 19, 2020 · This is a resolution of the Supreme Court approving the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure, which took effect on May 1, 2020. The amendments include changes in the definition of civil action, the service of summons, and the pleadings.
Apr 23, 2020 · Alias summons is issued by the court when the original summons is lost or destroyed, or when service fails after attempts. Learn about the new provisions on validity, service, and dismissal of summons under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure.
An alias summons is a second summons served when the first attempt at serving a summons is unsuccessful. It is also sometimes called a pluries summons, which more generally refers to an additional summons. Learn more about the purpose, form and procedure of an alias summons.
The CA found that personal service of the summons and the alias summons could not be effected at Sarol's address in Guinsuan, Poblacion, Zamboanguita, Negros Oriental because Sarol was out of the country.
Any person desiring to use an alias or aliases shall apply for authority therefor in proceedings like those legally provided to obtain judicial authority for a change of name.
It ruled that the remedy was to issue an alias summons to be served at the principal office of the petitioner. It also held that the jurisprudence cited by the petitioner was inapplicable, as it involved a case already decided by a court which did not have jurisdiction over the defendant therein due to improper service of summons.
However, when the court, clerk of court, or the plaintiff asks the sheriff to make the return of the summons and the latter submits the return of summons, then the validity of the summons lapses. The plaintiff may then ask for an alias summons if the service of summons has failed.
