Summons
Sec. 1. Clerk to issue summons
Sec. 2. Contents
Sec. 3. Issuance of other summons
Sec. 4. By whom summons may be served
Sec. 5. Return
Sec. 6. Proof of service
Section 1. Clerk to Issue Summons. - Unless otherwise provided herein, the Clerk of Court of the Commission or the division concerned shall issue the corresponding summons to the protestee or respondent within three (3) days following the filing of a protest or petition in ordinary actions except appeals from decisions of courts in election protest cases, in special actions, special cases, special reliefs, and in special proceedings.
Sec. 2. Contents. - Summons shall be directed to the protestee or respondent, signed by the Clerk of Court of the Commission or the division concerned under the seal of the Commission, and shall contain:
- the name of the Commission or its Division and the names of the parties;
- a direction that the protestee or respondent shall answer within the time fixed by these Rules.
A copy of the protest or petition shall be attached to the original and to each copy of the summons.
Sec. 3. Issuance of Other Summons. - If a summons is returned without being served on any of the protestees or respondents, or if it has been lost, the Clerk of Court concerned, on demand of the protestant or petitioner, may issue another summons as the case may require, in the same form as the original.
Sec. 4. By Whom Summons May be Served. - The summons may be served by personal service or by mail. Personal service may be made by a bailiff of the Commission or the division or upon request of the Commission or a Division, by the sheriff of any court in the place where the parties to be served reside; or for special reasons, by any person especially authorized by the Commission or a Division.
Sec. 5. Return. - When the service has been completed by personal service, the server shall give notice thereof, by registered mail, to the protestant or petitioner or his counsel and shall return the summons to the Clerk of Court concerned who issued it, accompanied with the proof of service.
Sec. 6. Proof of Service. - Proof of service of summons shall be made in the manner provided for in the Rules of Court in the Philippines.