What is a summons? Are summons from a Court received through text messages allowed?
Inquiry:
Mrs. M received a text message claiming that she was being served with a summons requiring her to attend a court hearing for a violation of the Revised Penal Code.
Are courts allowed to serve summons through text message?
Answer:
No, courts are not allowed to serve summons through text messages. A summons refers to a writ or process issued by the court to inform the defendant that a complaint has been filed against him or her, and as a result, the defendant is required to file a response or answer. In essence, the issuance of summons ensures the observance of due process in court proceedings by giving the defendant the opportunity to respond or defend himself or herself.
Under Rule 14 of the Revised Rules of Court, summons will be served by the court in person, substituted service or service by publication. Service of summons through text message has not been recognized by the Rules as an official mode of service.
Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on the valid service of summons, consult with a legal professional.