How do I ask the court for permission to serve summons on a defendant abroad by publication?

Which service methods require leave

Several modes elsewhere in this Rule — extraterritorial service, and service on certain foreign private juridical entities that lack a resident agent, among others — are made available to a plaintiff only with leave of court obtained beforehand. This particular provision addresses how that necessary leave is actually applied for, regardless of which specific alternative mode is ultimately being sought by the plaintiff in the case.

The required form: written motion plus affidavit

The application for such leave cannot simply be made orally, informally, or through a casual request during a hearing on some other matter. It must instead be a proper motion in writing, and that written motion must itself be supported by an affidavit — either the plaintiff's own personal affidavit, or that of some other person acting on the plaintiff's behalf in the matter.

What the affidavit must show

The affidavit accompanying the motion is not a mere formality attached simply for its own sake or as a checkbox requirement; it must genuinely set forth the grounds for the application. That means the affidavit needs to actually lay out the specific underlying facts justifying why the requested alternative mode of service is truly necessary and appropriate given that particular defendant's situation and circumstances.

Why this formality matters

Because leave-requiring modes of service, such as extraterritorial service or service by publication, can significantly affect a defendant's genuine opportunity to actually learn of and meaningfully respond to a case filed against them, requiring a sworn, written showing of grounds gives the court a properly documented basis for either granting or denying that requested leave, rather than the court simply relying on an unsupported and unverified request from the plaintiff. That written record also gives a reviewing court something concrete to examine later, if the manner of service allowed is ever questioned. It also creates a record the appellate courts can later review if the propriety of the alternative service is ever challenged, since the affidavit and motion remain part of the case file documenting exactly what grounds were presented to justify departing from ordinary personal service.

Related provisions

• Rule 14, Section 19 — Leave of court
• Rule 14, Section 18 — Residents temporarily out of the Philippines
• Rule 14, Section 20 — Return