Introduction

In the Philippine judicial system, a summons is a formal legal document that notifies a defendant or respondent of the initiation of a lawsuit or legal action against them. It commands the recipient to appear before the court or file a responsive pleading within a specified period, ensuring due process under Article III, Section 1 of the 1987 Philippine Constitution, 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 that marks the court's acquisition of jurisdiction over the person of the defendant in civil cases or the accused in criminal proceedings.

The question of who issues the summons—whether the clerk of court or the judge—arises from the interplay between administrative efficiency and judicial oversight in the Rules of Court. The Philippine Rules of Court, as amended by various Supreme Court resolutions, delineate clear responsibilities, primarily assigning the task to the clerk of court in most instances, subject to the judge's authority. This article explores the mechanisms for issuing summons in both civil and criminal contexts, highlighting procedural nuances, exceptions, and related legal principles. It draws from the 1997 Rules of Civil Procedure (as amended), the Revised Rules of Criminal Procedure (2000, as amended), and pertinent jurisprudence from the Supreme Court of the Philippines.

Summons in Civil Procedure

General Rule: Issuance by the Clerk of Court

In civil actions, the primary responsibility for issuing summons lies with the clerk of court. Rule 14, Section 1 of the Rules of Court provides: "Upon the filing of the complaint and the payment of the requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to the defendants." This provision emphasizes expediency, allowing the judicial process to commence without unnecessary delay once the initiating documents are properly filed.

The summons itself is a writ containing the names of the parties, a summary of the complaint, and a directive for the defendant to answer within the prescribed period (typically 15 days for ordinary actions, extendable under certain conditions). It must be signed by the clerk of court under the seal of the court, as per Rule 14, Section 2. The judge's role here is supervisory; they do not personally issue or sign the summons unless exceptional circumstances warrant it.

Judicial Involvement and Exceptions

While the clerk issues the summons as a ministerial duty, the judge retains overarching authority. For instance:

Discretionary Directives: The court may direct otherwise if there are issues with the complaint, such as lack of jurisdiction or improper form. In such cases, the judge might order amendments before summons is issued.
Summons in Special Civil Actions: In actions like certiorari, prohibition, or mandamus (Rule 65), the court (i.e., the judge) may issue a temporary restraining order or preliminary injunction alongside the summons, requiring judicial discretion.
Substituted Service: If personal service fails, the plaintiff must seek court approval for substituted service (Rule 14, Section 7). Here, the judge evaluates affidavits and issues an order authorizing alternative methods, but the actual summons document is still prepared by the clerk.
Service on Foreign Entities: For defendants residing abroad or foreign corporations, summons requires court order for extraterritorial service (Rule 14, Section 15), involving judicial determination of necessity.

Jurisprudence reinforces this framework. In E.B. Villarosa & Partner Co., Ltd. v. Benito (G.R. No. 136426, August 6, 1999), the Supreme Court held that improper issuance of summons by the clerk without proper fees invalidates jurisdiction, underscoring the clerk's role but the judge's ultimate accountability.

Amendments and Reforms

The 2019 Amendments to the Rules of Civil Procedure (A.M. No. 19-10-20-SC) streamlined summons issuance by allowing electronic service in certain cases, but the clerk remains the issuer. For small claims cases under the Revised Rules on Small Claims (A.M. No. 08-8-7-SC, as amended), the clerk issues a simplified summons form immediately upon filing, with minimal judicial intervention unless contested.

Summons in Criminal Procedure

Distinction from Civil Summons: Warrants vs. Summons

Criminal proceedings differ significantly, as the stakes involve liberty and potential imprisonment. Here, the term "summons" is used for less serious offenses, while warrants of arrest are issued for graver crimes. Rule 113 of the Revised Rules of Criminal Procedure governs arrests, but summons falls under Rule 114 for bail and related processes, with issuance tied to the filing of the information.

For offenses where the penalty is imprisonment of four years, two months, and one day or more, or a fine exceeding P6,000, the judge issues a warrant of arrest upon finding probable cause (Rule 112, Section 6). This is a judicial act, requiring the judge to personally evaluate the prosecutor's resolution and evidence.

However, for lighter penalties (imprisonment not exceeding four years, two months, or a fine not exceeding P6,000), the court issues a summons instead of a warrant (Rule 112, Section 8). In practice:

Issuance Mechanism: The clerk of court prepares and issues the summons under the judge's directive. The judge must first determine the appropriateness of summons over arrest, based on the offense's gravity.
Post-Filing Process: After the prosecutor files the information in court, the judge reviews it within 10 days. If probable cause exists for summons-eligible offenses, the judge orders the clerk to issue the summons, which notifies the accused to appear for arraignment.

Judicial Prerogative in Criminal Cases

Unlike civil cases, criminal summons invariably involves judicial discretion:

Probable Cause Determination: Only the judge can issue the order for summons or warrant, as affirmed in Soliven v. Makasiar (G.R. No. 82585, November 14, 1988), where the Supreme Court stressed that executive determinations of probable cause are insufficient without judicial review.
Exceptions for Summary Procedure: In the Revised Rule on Summary Procedure (A.M. No. 00-11-01-SC), for violations of traffic laws, municipal ordinances, or light felonies, the court (judge) may issue summons via the clerk without a full probable cause hearing, prioritizing speed.
Special Courts: In Sandiganbayan (anti-graft court) cases under Republic Act No. 7975 (as amended), the division of justices issues warrants or summons collectively, but administrative handling falls to the clerk.
Family Courts and MTCs: In cases under the Family Courts Act (R.A. No. 8369), summons in domestic violence matters may include protective orders issued by the judge.

Recent developments, such as the 2018 Amendments to the Rules of Criminal Procedure (A.M. No. 18-03-16-SC), introduced continuous trial guidelines but did not alter the core issuance roles.

Comparative Analysis: Clerk vs. Judge

Clerk's Role: Predominantly administrative and ministerial in civil cases, extending to preparation in criminal matters. The clerk acts as the court's arm for efficiency, reducing judicial backlog.
Judge's Role: Discretionary and oversight-oriented. Judges intervene in complex scenarios, ensuring constitutional safeguards. In no instance does the judge "issue" summons in the clerical sense; they authorize or order it.
Rationale: This division aligns with the principle of separation of functions in the judiciary, as outlined in the Judiciary Reorganization Act of 1980 (B.P. Blg. 129). It prevents judges from being bogged down in routine tasks while reserving key decisions for them.

Consequences of Improper Issuance

Defective summons can lead to dismissal for lack of jurisdiction. In civil cases, failure to issue proper summons renders any judgment void ( Santos v. PNOC Exploration Corp., G.R. No. 170943, September 23, 2008). In criminal cases, improper summons may violate the right to due process, potentially leading to acquittal or habeas corpus relief.

Special Considerations and Related Topics

Electronic Summons: Under the Electronic Court Submissions guidelines (A.M. No. 10-3-7-SC), courts may issue summons via email or digital means, still handled by the clerk but approved by the judge.
Service by Sheriff: Once issued, summons is served by the sheriff or process server (Rule 14, Section 3), not the issuer.
Voluntary Appearance: A defendant may waive summons by appearing voluntarily, mooting the issuance question.
International Aspects: In cases involving the Hague Service Convention (to which the Philippines acceded in 2020), the Central Authority (Department of Justice) coordinates, but domestic issuance follows standard rules.
Administrative Cases: In quasi-judicial bodies like the National Labor Relations Commission, summons (or notices) are issued by the Labor Arbiter or Executive Clerk, mirroring judicial processes.

Conclusion

In summary, while the clerk of court typically issues summons in Philippine courts as a matter of procedural efficiency, the judge exercises essential oversight, particularly in criminal proceedings and exceptional civil scenarios. This balanced approach upholds due process, expedites justice, and reflects the Philippine legal system's commitment to fairness. Understanding these roles is vital for practitioners, as lapses can undermine entire cases. For ongoing developments, reference to Supreme Court issuances is recommended, given the evolving nature of procedural rules.