On Filing and Service of Pleadings, Judgments and Orders

Question 1

What is the coverage of Rule 13 - Filing and service of pleadings, judgements and other papers? (Rule 13, Section 1)

Answer 1

This rule shall govern the filing of all pleadings, motions and other court submissions, as well as their service, except those for which a different mode of service is prescribed.

Question 2

What is ‘Filing’? (Rule 13, Section 2)

Answer 2

Filing is the act of submitting the pleading or other paper to the court.

Question 3

What is ‘Service’? (Rule 13, Section 2)

Answer 3

Service of the act of providing a party with a copy of the pleading or any other court submission.

Question 4

What if there are:
1. party appeared by counsel
2. one counsel for several parties
3. several counsels for one party
How will the service be done?
(Rule 13, Section 2)

Answer 4

1. If a party has appeared by counsel, service upon such party shall be made upon his or her counsel
2. Where on counsel appears for several parties, such counsel shall be entitled to one copy of any paper served by the opposite side
3. Where several counsels appear for one party, such party shall be entitled to only one copy of any pleading or paper to be served upon the lead counsel if one is designated, or upon any one of them if there is no designation of a lead counsel.

Question 5

How is filing done or what are the manners of filing? (Rule 13, Section 3)

Answer 5

The filing of pleadings and other court submissions shall be made by:
1. Submitting personally the original thereof, plainly indicated as such, to the court
2. Sending them by registered mail;
3. Sending them by accredited courier
4. Transmitting them by electronic mail or other electronic means as may be authorized by the Court in places where the court is electronically equipped

Question 6

What would be the date of filing for each manner of filing? (Rule 13, Section 3)

Answer 6

1. Submitting personally the original thereof, plainly indicated as such, to the court - The Clerk of Court shall endorse on the pleading the date and hour of filing
2. Sending them by registered mail - the date of the mailing of motions, pleadings, and other court submissions, and payments or deposits, as shown by the post office stamp on the envelope or the registry receipt of their filing, payment, or deposit in court.
3. Sending them by accredited courier - the date of the mailing of motions, pleadings, and other court submissions, and payments or deposits, as shown by the post office stamp on the envelope or the registry receipt of their filing, payment, or deposit in court.
4. Transmitting them by electronic mail or other electronic means as may be authorized by the Court in places where the court is electronically equipped - the date of electronic transmission

Question 7

What are the papers required to be filed and served? (Rule 13, Section 4)

Answer 7

Every judgement, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgement or similar papers shall be filed with the court, and served upon the parties affected.

Question 8

What are the modes of service? (Rule 13, Section 5)

Answer 8

Pleadings, motions, notices, orders, judgements, and other court submissions shall be served:
1. personally or
2. by registered mail, accredited courier, electronic mail, facsimile transmission, other electronic means as may be authorized by the court or
3. as provided for in international conventions to which the Philippines is a party.

Question 9

Can court submissions be served by personal service? (Rule 13, Section 6)

Answer 9

YES. Court submissions may be served by personal delivery of a copy to the party or to the party’s counsel, or to their authorized representatives named in appropriate pleading or motion or by leading it in his or her office with his or her clerk, or with a person having charge thereof.

Question 10

What if the service is by personal service, decided to be delivered in the office but there is no person, or if the office is not known or has no office, what should be done? (Rule 13, Section 6)

Answer 10

If no person is found in his or her office, or his or her office is not known, or he or she has no office, then by leaving the copy, between hours of eight in the morning and six in the evening, at the party’s or counsel’s residence, if known, with a person of sufficient age and discretion then residing therein.

Question 11

How is a service by mail done? (Rule 13, Section 7)

Answer 11

Service by registered mail shall be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to :

(a) the party or to the party’s counsel at his or her office, if known,
otherwise,
(b)his or her residence, if known,

with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after 10 calendar days of undelivered.

If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail.

Question 12

What if the service of pleadings, motions, notices, resolutions, orders and other papers cannot be made via personal service or service by mail, what is the alternative? (Rule 13, Section 8)

Answer 12

If service of pleadings, motions, notices, resolutions, orders, and other papers cannot be made under the two preceding sections, the office and place of residence of the party or his counsel being unknown,

service may be made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail.

The service is complete at the time of such delivery.

Question 13

Can you automatically do service by electronic means and facsimile? (Rule 13, Section 9)

Answer 13

NO. Service by electronic means and facsimile shall be made if te party concerned consents to such modes of service.

Question 14

How can you do service by electronic means? (Rule 13, Section 9)

Answer 14

Service by electronic means shall be made by sending an e-mail to the party’s or counsel’s electronic mail address, or through other electronic means of transmission as the parties may agree on, or upon discretion of the court.

Question 15

How can you do service by facsimile? (Rule 13, Section 9)

Answer 15

Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number.

Question 16

When is there presumptive service? (Rule 13, Section 10)

Answer 16

There shall be presumptive notice to a party of court setting if such notice appears on the records:

within the same judicial region of the court where the case is pending - mailed at least 20 calendar days prior to the scheduled date of hearing

outside the judicial region -

Question 17

How can a party change their elected electronic mail address or facsimile number while the action is pending? (Rule 13, Section 11)

Answer 17

1. They must promptly file within 5 calendar days from such change, a notice of change of e-mail address or facsimile number with the court
2. serve the notice on all other parties

Service through the electronic mail or facsimile number of a party shall be presumed valud unless such party notifies the court of any change, as aforementioned.

Question 18

The subject of the electronic mail and facsimile that served pleadings and other documents should contain? (Rule 13, Section 12)

Answer 18

The subject of the electronic mail and facsimile must follow the prescribed format:
a. case number
b. case title
c. and the pleading, order or document title

Question 19

The title of the electronically-filed or served pleading should contain?
(Rule 13, Section 12)

Answer 19

The title of each electronically-filed or served pleading or other document, and each submission served by facsimile shall contain sufficient information to enable the court to ascertain from the title:

(a) the party or parties filing or serving the paper
(b) nature of the paper
(c) the party or parties against whom relief, if any, is sought
(d) the nature of the relief sought