Rule 13

-when is judgement filed?

-judgement still needs to be filed, AFTER THET HAVE BEEN ENTERED (also called
recording)

- 3 issues in Rule 13: filing and service (1) modes/manner (2) completeness (3) how
to prove (proof)

-why modes fir service of pleadings are not applicable to judgement and final
orders?

-is it necessary to service judgements and final orders?

- distinction between final and exeuctory?

- what is conventional service? one of the innovations of rule 13
- each service has different modes of completion
- 2 modes of personal service
- 2 modes of mail - ordinary mail and registered mail
- modes of filing by mail - regsitered mail lang
- pagdating sa service - registered or ordinary; bakit? BEACUASE OF THE
PRESCRIPTION; and also courts are situated where there are registry service
- sa service 6, including conventional sa filing kasi 4 lang
- the new one here in these rule are conventional and presumptive service

- yung seservan ng pleadings, outside judicial region

- read palileo case
- pleadings and court sub -
- "service on person of defendant" - kapag summons ang pinaguusapan
- iba yung mail sa courier
- mandatory ang affidavit of service
- A file a case against X, Y, Z - summons was served on defendants on Jan 5 -
(XYZ) is considered entity without juridical personality
- summon was served on X against summonses were served against XYZ

Rule 14

-person authorized by law (old) sila yung (b) section 2 based sa amended rules

-when may plaintiff serve a summon? - when authorized by the court

-when the plaintiff may be authorized? - Section 3

-who are entities authorized by law? estate

- in case of estate, who are the plaintiff authorized? the executor or
administrator

- what is tender of summons? case of Valmonte

- sa extraterritorial service has no substituted service (even with the new rule)

- different mode of service of summons - 5

(1) service in person on defendant - (a) giving him in person (b) leave it
with him if ayaw nya tanggapin
(2) subsituted (read Manotoc case) 1 kinds lang but has 4 requisites
a. 1 you have to establish physical impossiblity
a. 2 where was substituted? una sa residence, seconds sa office (as compared
sa 13, office muna bago residence)
 3. thru international convention
4. publication includes mail
5. di ko nakuha hahahhaha

- minor vs incompetent
-minor includes above 18 who cannot perform actions because they are free to
fraud or deceit (like special child)
- incompetenet - guardian OR incompetent; sa minor - guardian AND minor

-entities without juridical personality - service may be made anyone of them or

xxxxxx

- juridical person - distinguish between public or private

-as to public: service on Solgen or exec head or officers of the law xxxx etc
-as to private: domestic vs foreign

-is there substituted service upon corporation? yes last par of sec 12 Rule 14
(case Dole is still not overturned but it is somehow relaxed); doctrine of
substantial compliance be applied (see philoil case, special appearance - has been
returned now)

-other means is voluntary appearance (needs substantial compliance) Demijele (?)

and Mercury Drug case and The Millenium, The sunrise and Tujan case (the Tujan case
sets the current doctrine of voluntary appearance

-there is only valid appearance when you seek affirmative relief? how to to know if
you seek affirmative relief? WHATEVER IS INCLUDED IN THE GORUND OF LACK OF JURIS IF
IT INCLUDES EQUIVOCAL AFFIRMATIVE RELIEF THEN THERE'S VOLUNTARY APPERANCE AND EVEN
IF OTHER GROUND WITHOUT AFFIRMATIVE RELIEF, NO VOLUNTARY APPEARANCE