Short answer. Generally no. Rule 57, Section 5 provides that a levy on attachment must be preceded, or contemporaneously accompanied, by service of summons on the defendant within the Philippines. That requirement does not apply, though, if summons could not be served despite diligent efforts, or you are a non-resident, temporarily absent, or the action is in rem or quasi in rem.

What the law says

No levy on attachment pursuant to the writ issued under section 2 hereof shall be enforced unless it is preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint, the application for attachment, the applicant's affidavit and bond, and the order and writ of attachment, on the defendant within the Philippines.

Rule 57, Section 5 — Manner of attaching property. Read the full provision →

What the law says

The requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served personally or by substituted service despite diligent efforts, or the defendant is a resident of the Philippines temporarily absent therefrom, or the defendant is a non-resident of the Philippines, or the action is one in rem or quasi in rem.

Rule 57, Section 5 — Manner of attaching property. Read the full provision →

The general rule ties the levy to service of summons

Section 5 sets the sequencing you are asking about directly: no levy on attachment pursuant to the writ issued under section 2 hereof shall be enforced unless it is preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint, the application for attachment, the applicant's affidavit and bond, and the order and writ of attachment, on the defendant within the Philippines. As a general matter, the sheriff is not supposed to enforce the levy without summons coming first or at the same time.

It is not summons alone that has to come with the levy

The section requires more than just the summons itself to accompany or precede the levy. It also requires a copy of the complaint, the application for attachment, the applicant's affidavit and bond, and the order and writ of attachment. All of these are meant to be served together with the summons, within the Philippines, before or at the same time the property is levied on.

But four specific situations remove that requirement

The section then carves out exceptions: the requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served personally or by substituted service despite diligent efforts, or the defendant is a resident of the Philippines temporarily absent therefrom, or the defendant is a non-resident of the Philippines, or the action is one in rem or quasi in rem. If any of these applies, the levy can proceed without the summons sequencing the general rule otherwise requires.

What this means for your property

If none of those four exceptions applies to you, the sheriff should not be enforcing a levy on your property without summons and the other listed documents having been served on you first, or at the same time. If one of the exceptions does apply, for example because you could not be reached despite diligent efforts, the sequencing requirement does not protect you the way it otherwise would.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.