Introduction

In the Philippine legal system, a summons is a formal document that notifies a defendant or respondent of the initiation of a lawsuit against them and requires their appearance or response before the court. It serves as the mechanism to acquire jurisdiction over the person of the defendant, ensuring due process under the 1987 Philippine Constitution, particularly Article III, Section 1, which guarantees that no person shall be deprived of life, liberty, or property without due process of law. The issuance of summons is a critical procedural step in both civil and criminal proceedings, rooted in the Rules of Court as promulgated by the Supreme Court of the Philippines pursuant to its rulemaking authority under Section 5(5), Article VIII of the Constitution.

This article provides a comprehensive overview of who issues summons in court cases in the Philippines, drawing from the relevant rules, jurisprudence, and procedural frameworks. It covers civil, criminal, and special proceedings, including the roles of key court personnel, exceptions, and implications for non-compliance. The discussion is confined to the Philippine context, emphasizing the principles of fairness, efficiency, and access to justice as embodied in landmark cases such as Echegaray v. Secretary of Justice (G.R. No. 132601, 1999) and amendments to procedural rules up to the latest revisions.

Legal Basis for Summons

The primary source of rules governing summons is the 2019 Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10-20-SC), which streamlined procedures for civil actions. For criminal cases, the Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC, as amended) apply. Special rules exist for family courts, small claims, and administrative tribunals, but the core principles remain consistent.

A summons typically includes the name of the court, parties involved, a directive to the defendant to file an answer or appear, and a warning of default judgment or other consequences for failure to comply. Its issuance marks the commencement of the court's personal jurisdiction, distinguishing it from territorial or subject-matter jurisdiction.

Who Issues Summons in Civil Cases

In civil actions, the authority to issue summons is vested in the clerk of court, acting under the supervision of the presiding judge. According to Rule 14, Section 1 of the Amended Rules of Civil Procedure:

Upon the filing of a complaint and payment of requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to the defendant.
The clerk does not act independently; the issuance is ministerial but requires judicial oversight to ensure the complaint states a cause of action and complies with formal requirements.

This process is automatic in ordinary civil actions but may involve judicial discretion in cases requiring preliminary determinations, such as those involving indigent litigants or multiple defendants.

Role of the Judge

While the clerk issues the summons, the judge may direct its issuance or withhold it if the complaint is defective (e.g., lack of certification against forum shopping under Rule 7, Section 5). In Santos v. PNOC Exploration Corporation (G.R. No. 170943, 2007), the Supreme Court emphasized that the judge has the inherent power to control the issuance to prevent abuse of process.

Special Considerations in Civil Cases

Summons by Publication: For defendants whose whereabouts are unknown or who are non-residents, the judge may order summons by publication in a newspaper of general circulation (Rule 14, Section 14). Here, the judge issues the order, but the clerk prepares the summons.
Extraterritorial Service: In actions in rem or quasi in rem, the judge authorizes service outside the Philippines (Rule 14, Section 15).
Small Claims Cases: Under the Revised Rules on Small Claims (A.M. No. 08-8-7-SC), the executive judge or presiding judge issues the summons, often simplified to a notice of hearing.
Family Court Proceedings: In cases under the Family Courts Act (Republic Act No. 8369), the judge issues summons, with provisions for personal service to protect sensitive matters like annulment or child custody.

Who Issues Summons in Criminal Cases

Criminal proceedings differ significantly, as summons are intertwined with probable cause determinations and liberty interests. Under Rule 112 and Rule 114 of the Revised Rules of Criminal Procedure:

For Offenses Punishable by Imprisonment of Less Than 4 Years, 2 Months, and 1 Day: The court issues a summons instead of a warrant of arrest if the accused is not in custody. The judge determines probable cause based on the prosecutor's information and issues the summons.
For More Serious Offenses: A warrant of arrest is typically issued, but summons may be used if the accused files a counter-affidavit or in summary procedures.

The clerk of court prepares and signs the summons under the judge's directive. In People v. Court of Appeals (G.R. No. 144332, 2004), the Court clarified that the judge's finding of probable cause is prerequisite to issuance.

Preliminary Investigation Phase

During preliminary investigation by the prosecutor (under Department of Justice rules), no court summons is issued. However, the respondent receives a subpoena from the investigating prosecutor (not a court summons) to submit a counter-affidavit. Only upon filing of information in court does the judicial summons process begin.

Special Criminal Proceedings

Summary Procedure: For violations of traffic laws or municipal ordinances (Revised Rule on Summary Procedure, A.M. No. 00-11-01-SC), the judge issues a notice to appear, functioning as a summons.
Environmental Cases: Under the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC), the executive judge issues summons within the day of raffle.
Cybercrime Cases: Pursuant to the Cybercrime Prevention Act (Republic Act No. 10175), summons follow standard rules, but service may involve electronic means with court approval.

Issuance in Special Proceedings and Administrative Cases

Special proceedings, governed by Rules 72-109 of the Rules of Court, adapt summons rules:

Probate and Guardianship: The judge orders issuance of notice (equivalent to summons) by publication or personal service (Rule 73, Section 3).
Habeas Corpus: The writ itself serves as summons, issued by the judge (Rule 102).
Administrative Tribunals: Bodies like the National Labor Relations Commission (NLRC) or Housing and Land Use Regulatory Board (HLURB) issue their own summons under agency rules, not judicial ones. However, appeals to courts revert to judicial summons.

In quasi-judicial agencies, the hearing officer or commissioner issues summons, as seen in Securities and Exchange Commission proceedings under Republic Act No. 8799.

Process of Issuance and Service

Issuance Procedure

Filing of initiatory pleading (complaint or information).
Payment of fees and docketing.
Judicial review for sufficiency.
Clerk prepares summons, signed by the clerk and sealed by the court.
Service by sheriff, process server, or authorized person (Rule 14, Sections 3-13).

Amendments allow electronic service in certain cases (Efficient Use of Paper Rule, A.M. No. 11-9-4-SC, and e-filing pilots).

Who Cannot Issue Summons

Parties or their counsel: Issuance is exclusively a court function to maintain impartiality.
Prosecutors: Except in preliminary investigations, where it's a subpoena.
Police: They execute warrants but do not issue summons.

Consequences of Improper Issuance

Defective summons can lead to dismissal for lack of jurisdiction (Laus v. Court of Appeals, G.R. No. 101256, 1992). Voluntary appearance waives defects (Rule 14, Section 20). Failure to serve properly may result in default in civil cases or bench warrants in criminal ones.

Jurisprudential Developments

Supreme Court decisions have refined issuance:

Millennium Industrial Commercial Corporation v. Tan (G.R. No. 131724, 1998): Emphasized prompt issuance to avoid delays.
Estrada v. Desierto (G.R. Nos. 146710-15, 2001): Highlighted due process in high-profile cases.
Recent circulars (e.g., A.M. No. 21-06-08-SC on online hearings) adapt issuance to digital platforms, allowing e-summons with judge's approval.

Reforms and Challenges

The Judiciary's Strategic Plan for Judicial Innovations 2022-2027 aims to digitize summons issuance for efficiency. Challenges include service delays in rural areas, evasion by defendants, and backlogs, addressed through alternative service modes.

In summary, while the clerk of court typically issues summons under judicial direction, the judge's role is pivotal in ensuring procedural integrity. This framework upholds the Philippine commitment to a fair and expeditious justice system, balancing state authority with individual rights.