notice of the date of the hearing on the merits of the issuance of a [permanent protection order]."
Clearly then, summons and temporary protection orders are entirely different judicial issuances. It is true that the
latter also serves the purpose of conveying information. However, this information pertains not to the filing of an
action but merely to the schedule of an upcoming hearing. The similarities of a summons and a protection order begin
and end with their informative capacity. At no point does the Anti-VAWC Law intimate that the temporary protection
order is the means for acquiring jurisdiction over the person of the respondent.
Section 15 of the Anti-VAWC Law's reference to "immediate personal service" is an incident of the underlying
urgency which compelled the ex parte issuance of a protection order. It should not be construed as a restriction on
the manner of acquisition of jurisdiction over the person of the respondent. Otherwise, far from relieving a manifest
urgency, it stifles a civil action for the issuance of a protection order right at the moment of its initiation. Construed as
such, a temporary protection order is twisted to a shrewdly convenient procedural tool for defeating the very purposes
for which it was issued in the first place.
II.B
Section 1 of A.M. No. 04-10-11-SC expressly states that while it governs petitions for the issuance of protection
orders under the Anti-VAWC Law, "[t]he Rules of Court shall apply suppletorily." In the silence of A.M. No. 04-10-11SC, service of summons - the means established by the 1997 Rules of Civil Procedure for informing defendants
and/or respondents of the filing of adverse actions, and for the acquisition of jurisdiction over their persons - remains
efficacious.
Petitioner, though an American citizen, was admittedly a resident of the Philippines as of September 7, 2005, the date
when Deputy Sheriff Velasco attempted to personally serve summons on him. [74] On September 7, 2005, however, he
was not in the Philippines. It was this circumstance which, according to the Sheriff's Report, [75] impelled substituted
service of summons through Tolentino.
Rule 14, Section 6 of the 1997 Rules of Civil Procedure clearly articulates a preference for personal service of
summons:
Section 6. Service in person on defendant. - Whenever practicable, the summons shall be served by handing a copy
thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him.
Rule 14, Section 6 recognizes two (2) alternative ways through which personal service may be effected: first, by
actually handing summons to the defendant, which presupposes the defendant's willingness to accept the summons;
and second, by mere tender, if the defendant refuses to accept.
If personal service is impracticable within a reasonable time, substituted service may be resorted to in lieu of personal
service. Rule 14, Section 7 states:
Section 7. Substituted service. - If, for justifiable causes, the defendant cannot be served within a reasonable time as
provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant's
residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at
defendant's office or regular place of business with some competent person in charge thereof.
In the case of residents who are temporarily not in the Philippines, another alternative means for serving summons is
through extraterritorial service. Rule 14, Section 16 states:
Section 16. 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.
The preceding Section 15 spells out the terms of extraterritorial service:
Section 15. 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