Rule 13- govern the filing of all pleadings, motions, and other court submissions, as well as the service

thereof, except those for which a different

mode of service is prescribed.

FILING- act of submitting the pleading or other paper to the court

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

If a party has appeared by counsel, service upon such party shall be made upon his or her counsel, unless service upon the party AND the party’s
counsel is ordered by the court.

Where one counsel appears for several parties, such counsel shall only be entitled to one copy of any paper served by the opposite side.

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.

FILING Submitting Personally the Registered mail Accredited courrier By electronic mail or
original to the court other electronic means
authorized by court in
places where the court is
electronically equipped.

Date of filing Clerk of court shall endorse Date of mailing as shown by Date of mailing as shown by the Date of electronic
on the pleading the date and the post office stamp or post office stamp or envelope or transmission shall be
hour of filing. envelope or the registry the registry receipt shall be considered as the date of
receipt shall be considered as considered as the date of filing, filing.
the date of filing, payment or payment or deposit in court.
deposit in court.
proof - written or stamped - registry receipt and affidavit - affidavit of person who - affidavit of electronic
acknowledgment by clerk of the person who mailed it brought the pleading or doc to filing of the filing party
with the full statement of the service provider accompanied by a paper
date and place of deposit - official receipt copy of the pleading or
- doc tracking number other document transmitted

- or a written or stamped
acknowledgment of its
filing by the clerk of court.

* If the paper copy sent by

electronic mail was filed by
 registered mail, the rule on
registered mail applies.

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

Modes of service. – Pleadings, motions, notices, orders, judgments, and other court submissions shall be served personally or by registered mail,
accredited courier, electronic mail, facsimile transmission, other electronic means as may be authorized by the [c]ourt, or as provided for in
international conventions to which the Philippines is a party.

SERVICE Personally Ordinary mail Registered mail Substituted Accredited Electronic mail Fascimile
served service courrier transmission
(ranked)
- to the party or - it is done if no -depositing the - done if service - made if the - made if the
party’s counsel registry service copy in the post cannot be made party concerned party concerned
or authorized is available in office, in a personally or consent consent
representative the locality of sealed envelope registered mail
named in the the sender or with postage - made by - made by
appropriate addressee fully pre-paid - service made sending an sending a
pleading or by delivering email to the fascimile copy
motion - addressed to the copy to the P/PC electronic to the P/PC
P/PC office or clerk of court mail address or given fascimile
- or by leaving residence with proof of electronic number
to office with failure of means agreed,
his or her clerk - with personal service or upon the
or in-charge instruction to and by mail direction of the
return within 10 court
- if no person in CD if - service is
office, or office undelivered complete at the
is unknown or time of such
no office - delivery
leaving to party
or party’s
counsel’s
residence with a
person of
sufficient age
and discretion
residing (8am to
 6pm)
Change Change of Change of
electronic mail Fascimile
address : file number : file
notice of change notice of change
w/in 5 CD w/in 5 CD

Note: Service
through the
electronic mail
address or
facsimile
number of a
party shall be
presumed valid
unless such
party notifies
the court of any
change
Subject case number, case number,
case title and the case title and the
pleading, order pleading, order
or document or document
title title
Content of Title A. Party or E. Party or
parties filing or parties filing or
serving the serving the
paper paper
B. Nature of F. Nature of
paper paper
C. Party or G. Party or
parties against parties against
whom relief whom relief
sought sought
D. Nature of H. Nature of
relief sought relief sought
Specifics unless - initiatory and - initiatory and
granted (not by initial initial
electronic responsive responsive
means, unless pleadings pleadings
express
permission is - subpoena, - subpoena,
granted by the protection protection
court) orders and writs orders and writs

- Appendices - Appendices
and exhibits to and exhibits to
motions or docs motions or docs
not amenable to not amenable to
electronic electronic
scanning scanning

- sealed and - sealed and

confidential confidential
docs or records docs or records
completeness - upon actual - upon -- upon actual - upon actual - at the time of - upon receipt of
delivery expiration of 10 receipt by receipt by electronic the other party
CD after addressee addressee transmission of as inidicated in
mailing, unless the doc the fascimile
court provides -or after 5 CD - or after at least transmission
from the date he 2 attempts to - or when printout.
received the deliver available, at the
first notice of time the
postmaster - upon electronic
; whichever is expiration of 5 notification is
earlier CD from the sent
first attempt to
deliver * Electronic
service is not
; whichever is effective or
earlier complete if the
party serving
the document
learns that it did
not reach the
addressee or
person to be
 served.
proof - written - affidavit of - affidavit of - affidavit of - affidavit of
admission of the person stating person stating service by the service by
party served facts of facts of person who person who sent
compliance with compliance with brought the
-or official sec 7 (service by sec 7 (service pleading or -and a printed
return of the mail) by mail) paper to the proof of
server service transmittal
- and registry provideer
- or affidavit of receipt issued
the party by mailing - and courrier’s
serving office official receipt
containing the or doc tracking
date, place and * The registry number
manner of return card shall
service be filed
immediately
upon its receipt
by the sender, or
in lieu thereof,
the unclaimed
letter together
with the
certified
or sworn copy
of the notice
given by the
postmaster to
the addressee

Presumptive service. – There shall be presumptive notice to a party of a court setting if such notice appears on the records to have been mailed at
least twenty (20) calendar days prior to the scheduled date of hearing and if the addressee is from within the same judicial region of the court where
the case is pending, or at least thirty (30) calendar days if the addressee is from outside the judicial region.

Service of [j]udgments, [f]inal [o]rders or [r]esolutions. – Judgments, final orders or resolutions shall be served either personally or by registered
mail. Upon ex parte motion of any party in the case, a copy of the judgment, final order, or resolution may be delivered by accredited courier at the
expense of such party. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him or
her shall be served upon him or her also by [means of] publication at the expense of the prevailing party.
Court-issued orders and other documents. – The court may electronically serve orders and other documents to all the parties in the case which shall
have the same effect and validity as provided herein. A paper copy of the order or other document electronically served shall be retained and attached
to the record of the case.

Notice of lis pendens. – In an action affecting the title or the right of possession of real property, the plaintiff and the defendant, when affirmative
relief is claimed in his or her answer, may record in the office of the registry of deeds of the province in which the property is situated a notice of the
pendency of the action. Said notice shall contain the names of the parties and the object of the action or defense, and a description of the property in
that province affected thereby. Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected
thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendency against the parties designated by their real
names.

The notice of lis pendens may be cancelled only upon order of the court, after proper showing that the notice is for the purpose of molesting the
adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded.