Receiving a summons from a Philippine court is a serious matter that should never be ignored, even if the document appears incomplete. One of the most common irregularities defendants encounter is receiving only the summons without the attached complaint. This situation creates both procedural opportunities and risks. This article explains the legal position under the current Rules of Civil Procedure, the practical consequences, and the exact steps you should take to protect your rights.

Legal Requirement: The Complaint Must Be Attached to the Summons

Rule 14, Section 4 of the 2019 Revised Rules of Civil Procedure (A.M. No. 19-10-20-SC, effective May 1, 2020) is explicit:

“A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons.”

The use of “shall” makes this mandatory, not directory. The Supreme Court has consistently ruled that the attachment of the complaint is essential because the summons alone does not inform the defendant of the specific nature, details, and extent of the plaintiff’s demand. Without the complaint, the defendant cannot intelligently prepare an answer.

Relevant Supreme Court decisions:

Asiavest Merchant Bankers (M) Berhad v. Court of Appeals, G.R. No. 110263, July 20, 2001 – Failure to attach the complaint renders the summons defective.
Millennium Industrial Commercial Corp. v. Tan, G.R. No. 131886, February 28, 2000 – Service of summons without the complaint does not confer jurisdiction over the defendant.
Gomez v. Court of Appeals, G.R. No. 127692, March 10, 2004 – Reiterated that the complaint is an integral part of the summons.

Therefore, summons served without the complaint is legally defective.

Consequences of Defective Service of Summons

The court does not acquire jurisdiction over the person of the defendant.
The reglementary period to file an answer (30 calendar days under Rule 11) does not begin to run.
Any subsequent order of default or default judgment rendered against the defendant is void for lack of jurisdiction and may be attacked directly or collaterally at any time (Rule 47, annulment of judgment on ground of lack of jurisdiction is allowed even beyond the ordinary periods).
The defect is not cured by the defendant’s mere knowledge of the case if he/she has not voluntarily submitted to the court’s jurisdiction.

Immediate Steps You Must Take (Practical Checklist)

Do not ignore the summons even if it is defective. A void judgment is better than having to annul one later.

Step 1: Document everything

Note the exact date and time you received the summons.
Take clear photographs of the summons (front and back) showing that no complaint is attached.
If served by a sheriff or process server, ask for their name and have a witness (family member, security guard, etc.) sign a receipt or note that only the summons was handed.

Step 2: Consult a lawyer immediately
This is non-negotiable. The strategy differs depending on the amount involved, the court (RTC, MTC, small claims), and whether the plaintiff is likely to move for default quickly.

Step 3: Obtain a copy of the complaint yourself
Go to the court and branch indicated in the summons (the case title and number are written on the summons).

Present your copy of the summons to the clerk of court.
Request a copy of the complaint and its annexes. You are entitled to this as the defendant.
Pay the legal research fee and photocopying charges (usually ₱5–₱20 per page + ₱50–₱200 LRF).
Ask for a certified true copy if you intend to use it in a motion.

Step 4: Decide on your procedural strategy (with your lawyer)

Option A – Most recommended: File a Motion to Dismiss on the ground of lack of jurisdiction over the person (Rule 16, Section 1[a])

File this within the 30-day period (counted from your receipt of the summons, to be safe).
Argue that service was invalid because no complaint was attached, citing Rule 14, Section 4 and the above jurisprudence.
Attach your affidavit stating that only the summons was served, plus photos if available.
Filing this Motion to Dismiss does not constitute voluntary appearance (Oca v. Custodio, G.R. No. 214752, April 10, 2019; Optima Realty v. Nueva Ecija Electric Cooperative, G.R. No. 233757, March 3, 2021).

Option B – File an Answer with compulsory counterclaim and raise improper service as an affirmative defense
Use this if you prefer to go straight to the merits or if the judge is known to be strict about technicalities.

Option C – File a Motion for Proper Service of Summons and Complaint
Some defendants file this to force the plaintiff to serve the complaint properly, thereby restarting the 30-day period.

Option D – Do nothing and wait for default, then file a Petition for Annulment of Judgment later (Rule 47)
This is risky and expensive. Only advisable if the claim is clearly baseless and you want to avoid legal fees at the trial level. Not recommended for most defendants.

Special Situations

Small Claims Cases (A.M. No. 08-8-7-SC as amended)
In small claims, what is served is the “Notice of Hearing” together with the Statement of Claim(s) and Response Form. If you receive only the Notice without the Statement of Claim, the same principle applies – service is defective. File a motion to dismiss for lack of jurisdiction or simply appear at the hearing and verbally object.

Ejectment Cases
The period to answer is only 10 days. Act faster. Many landlords deliberately serve incomplete summons to get quick default judgments. Challenge aggressively.

Cases with Prayer for Provisional Remedies (attachment, injunction)
If the complaint contains an urgent prayer, the plaintiff may obtain an ex parte order even before proper service. Check the records immediately.

When Summons is Served by Registered Mail (allowed in some instances)
If the registry return card shows you received it but the envelope contained only the summons, preserve the envelope as evidence.

What the Plaintiff Usually Does When Challenged

Most plaintiffs, upon receiving your Motion to Dismiss, will simply ask the court for leave to serve the complaint properly. The court almost always grants this. The effect is that your 30-day period starts only upon valid re-service. You gain time and expose the plaintiff’s sloppy procedure.

Key Takeaways

Summons without the complaint = defective service = no jurisdiction over you.
The 30-day period to answer does not start running.
Any default judgment obtained is void and can be annulled anytime.
Never ignore the summons. Always appear (even specially) and attack the jurisdiction.
Get a copy of the complaint from the court records immediately.
File a Motion to Dismiss for lack of jurisdiction over your person – this is the cleanest and most effective remedy.

By following these steps, you convert what appears to be a procedural error by the plaintiff into a significant tactical advantage for yourself.

This article is for general information only and does not constitute legal advice. Laws and jurisprudence may be updated. Consult a licensed Philippine attorney for advice specific to your case.