Introduction to Civil Procedure Handout No.

RULE 13

FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Section 1. Coverage. - This Rule shall 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. (1a)

Section 2. Filing and service, defined. - Filing is the act of submitting the pleading
or other paper to the court.

Service is the 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.

Section 3. Manner of filing. - The filing of pleadings and other court

submissions shall be made by:

(a) Submitting personally the original thereof, plainly indicated as such, to the
court;

(b) Sending them by registered mail;

(c) Sending them by accredited courier; or

(d) Transmitting them by electronic mail or other electronic means as may be

authorized by the court in places where the court is electronically equipped.

In the first case, the clerk of court shall endorse on the pleading the date and
hour of filing. In the second and third cases, 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, shall be considered
as the date of their filing, payment, or deposit in court. The envelope shall be
attached to the record of the case. In the fourth case, the date of electronic
transmission shall be considered as the date of filing.
Section 5. 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 court. or as provided for in international
conventions to which the Philippines is a party. (5a)

Section 6. Personal service. - Court submissions may be served by personal

delivery of a copy to the party or to the party’ s counsel, or to their authorized
representative named in the appropriate pleading or motion, or by leaving it in
his or her office with his or her clerk, or with a person having charge thereof. 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 the 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 residing therein.

Section 7. Service by mail. - Service by registered mail shall be made by

depositing the copy in the post office, in a sealed envelope, plainly addressed to
the party or to the party’s counsel at his or her office, if known, otherwise at 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 ten (10) calendar days if
undelivered. If no registry service is available in the locality of either the sender
or the addressee, service may be done by ordinary mail. (7a)

Section 8. Substituted service. - 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 or her 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. (8a)

Section 9. Service by electronic means and facsimile. - Service by electronic

means and facsimile shall be made if the party concerned consents to such
modes of service.

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 direction of the court.

Service by facsimile shall be made by sending a facsimile copy to the party’s or

counsel’s given facsimile number. (n)

Section 10. 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.

Section 14. Conventional service or filing of orders. pleadings and other

documents. - Notwithstanding the foregoing, the following orders, pleadings, and
other documents must be served or filed personally or by registered mail when
allowed, and shall not be served or filed electronically, unless express permission
is granted by the court:

(a) Initiatory pleadings and initial responsive pleadings, such as an answer:

(b) Subpoena, protection orders, and writs:

(c) Appendices and exhibits to motions, or other documents that are not readily
amenable to electronic scanning may, at the option of the party filing such, be
filed and served conventionally: and

(d) Sealed and confidential documents or records. (n)

Section 19. 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 hereinabove mentioned 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. (14a)

RULE 14

SUMMONS

Section 1. Clerk to issue summons. - Unless the complaint is on its face

dismissible under Section 1, Rule 9, the court shall within five (5) calendar days
from receipt of the initiatory pleading and proof of payment of the requisite legal
fees, direct the clerk of court to issue the corresponding summons to the
defendants. (1a)
Section 3. By whom served. - The summons may be served by the sheriff, his or
her deputy, or other proper court officer, and in case of failure of service of
summons by them, the court may authorize the plaintiff - to serve the summons
- together with the sheriff.

In cases where summons is to be served outside the iudicia1 region of the court
where the case is pending, the plaintiff shall be authorized to cause the service
of summons.

If the plaintiff is a iuridica1 entity, it shall notify the court in writing, and name
its authorized representative therein, attaching a board resolution or secretary’s
certificate thereto, as the case may be, stating that such representative is duly
authorized to serve the summons on behalf of the plaintiff.

If the plaintiff misrepresents that the defendant was served summons, and it is
later proved that no summons was served, the case shall be dismissed with
prejudice, the proceedings shall be nullified, and the plaintiff shall be meted
appropriate sanctions.

If summons is returned without being served on any or all the defendants, the
court shall order the plaintiff to cause the service of summons by other means
available under the Rules.

Failure to comply with the order shall cause the dismissal of the initiatory
pleading without prejudice.

Section 5. Service in person on defendant. - Whenever practicable, the summons

shall be served by handing a copy thereof to the defendant in person and
informing the defendant that he or she is being served, or, if he or she refuses to
receive and sign for it, by leaving the summons within the view and in the
presence of the defendant. (6a)

Section 6. Substituted service. - If, for justifiable causes, the defendant cannot be
served personally after at least three (3) attempts on two (2) different
dates, service may be affected:

(a) By leaving copies of the summons at the defendant’s residence to a person at

least eighteen (18) years of age and of sufficient discretion residing therein;

(b) By leaving copies of the summons at [the] defendant’s office or regular place
of business with some competent person in charge thereof. A competent person
includes, but is not limited to, one who customarily receives correspondences for
the defendant;

(c) By leaving copies of the summons, if refused entry upon making his or her
authority and purpose known, with any of the officers of the homeowners’
association or condominium corporation. or its chief security officer in charge of
the community or the building where the defendant may be found: and

(d) By sending an electronic mail to the defendant’s electronic mail address. if

allowed by the court. (7a)

Section 12. Service upon domestic private juridical entity. - When the defendant
is a corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the president,
managing partner, general manager, corporate secretary, treasurer, or inhouse
counsel of the corporation wherever they may be found. or in their absence or
unavailability. on their secretaries.

If such service cannot be made upon any of the foregoing persons. it shall be
made upon the person who customarily receives the correspondence for the
defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation. service

of summons shall be made on the receiver or liquidator. as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive

summons despite at least three (3) attempts on two (2) different dates. service
may be made electronically. if allowed by the court. as provided under Section 6
of this Rule.

Section 13. Duty of counsel of record. - Where the summons is improperly served
and a lawyer makes a special appearance on behalf of the defendant to, among
others, question the validity of service of summons, the counsel shall be
deputized by the court to serve summons on his or her client. (n)

Section 14. Service upon foreign private juridical entities. - When the defendant is
a foreign private juridical entity which has transacted or is doing business in the
Philippines, as defined by law, service may be made on its resident agent
designated in accordance with law for that purpose, or, if there be no such agent,
on the government official designated by law to that effect, or on any of its
officers, agents, directors or trustees within the Philippines.

If the foreign private juridical entity is not registered in the Philippines, or has
no resident agent but has transacted or is doing business in it. as defined by
law, such service may, with leave of court be effected outside of the Philippines
through any of the following means:

(a) By personal service coursed through the appropriate court in the foreign
country with the assistance of the Department of Foreign Affairs:
(b) By publication once in a newspaper of general circulation in the country
where the defendant may be found and by serving a copy of the summons and
the court order by registered mail at the last known address of the defendant;

(c) By facsimile:

(d) By electronic means with the prescribed proof of service: or

(e) By such other means as the court. in its discretion, may direct. (12a)

Section 15. Service upon public corporations. - When the defendant is the
Republic of the Philippines, service may be effected on the Solicitor General; in
case of a province, city or municipality, or like public corporations, service may
be effected on its executive head, or on such other officer or officers as the law
or the court may direct. (13a)

Section 16. Service upon defendant whose identity or whereabouts are unknown.
- In any action where the defendant is designated as an unknown owner, or the
like, or whenever his or her whereabouts are unknown and cannot be
ascertained by diligent inquiry, within ninety (90) calendar days from the
commencement of the action, service may, by leave of court, be effected upon
him or her by publication in a newspaper of general circulation and in such
places and for such time as the court may order.

Any order granting such leave shall specify a reasonable time, which shall not
be less than sixty (60) calendar days after notice, within which the defendant
must answer. (14a)

Section 17. Extraterritorial service. - When the defendant does not reside and is
not found in the Philippines, and the action affects the personal status of the
plaintiff or relates to, or the subject of which is, property within the Philippines,
in which the defendant has or claims a lien or interest, actual or contingent, or
in which the relief demanded consists, wholly or in part, in excluding the
defendant from any interest therein, or the property of the defendant has been
attached within the Philippines, service may, by leave of court, be effected out of
the Philippines by personal service as under Section 5; or as provided for in
international conventions to which the Philippines is a party: or by publication
in a newspaper of general circulation in such places and for such time as the
court may order, in which case a copy of the summons and order of the court
shall be sent by registered mail to the last known address of the defendant, or in
any other manner the court may deem sufficient. Any order granting such leave
shall specify a reasonable time, which shall not be less than sixty
(60) calendar days after notice, within which the defendant must answer. (15a)

Section 18. Residents temporarily out of the Philippines. - When any action is
commenced against a defendant who ordinarily resides within the Philippines,
but who is temporarily out of it, service may, by leave of court, be also effected
out of the Philippines, as under the preceding Section. (16a)

Section 19. Leave of court. - Any application to the court under this Rule for leave
to effect service in any manner for which leave of court is necessary shall be
made by motion in writing, supported by affidavit of the plaintiff or some person
on his [or her] behalf, setting forth the grounds for the application. (17a)

Section 20. Return. - Within thirty (30) calendar days from issuance of summons
by the clerk of court and receipt thereof, the sheriff or process server, or person
authorized by the court, shall complete its service. Within five (5) calendar days
from service of summons, the server shall file with the court and serve a copy of
the return to the plaintiff’s counsel. personally, by registered mail. or by
electronic means authorized by the Rules.

Should substituted service have been effected, the return shall state the
following:

(1) The impossibility of prompt personal service within a period of thirty (30)
calendar days from issue and receipt of summons;

(2) The date and time of the three (3) attempts on at least two (2) different dates
to cause personal service and the details of the inquiries made to locate the
defendant residing thereat: and

(3) The name of the person at least eighteen (18) years of age and of sufficient
discretion residing thereat. name of competent person in charge of the
defendant’s office or regular place of business, or name of the officer of the
homeowner’s association or condominium corporation or its chief security officer
in charge of the community or building where the defendant may be found. (4a)

Section 21. Proof of service. - The proof of service of a summons shall be made in
writing by the server and shall set forth the manner, place, and date of service;
shall specify any papers which have been served with the process and the name
of the person who received the same; and shall be sworn to when made by a
person other than a sheriff or his or her deputy.

If summons was served by electronic mail. a printout of said e-mail. with a copy
of the summons as served, and the affidavit of the person mailing, shall
constitute as proof of service. (18a)

Section 22. Proof of service by publication. - If the service has been made by
publication, service may be proved by the affidavit of the publisher, editor,
business or advertising manager, to which affidavit a copy of the publication
shall be attached and by an affidavit showing the deposit of a copy of the
summons and order for publication in the post office, postage prepaid, directed
to the defendant by registered mail to his or her last known address. (19a)

Section 23. Voluntary appearance. - The defendant’s voluntary appearance in

the action shall be equivalent to service of summons. The inclusion in a motion
to dismiss of other grounds aside from lack of jurisdiction over the person of
the defendant shall be deemed a voluntary appearance. (20a)