RULE 11 and 12

1997 RULES 2019 AMENDMENTS

PERIOD RECKONING POINT PERIOD RECKONING POINT
ANSWER to the Complaint
(11.1)
AFTER AFTER
15 days 30 calendar days
ANSWER to Third (Fourth, Etc.)- Party service of summons service of summons
Complaint
(11.5)
ANSWER of a defendant foreign
private juridical entity AFTER AFTER
30 days 60 calendar days
(DFPJE) receipt of summons receipt of summons
(11.2)
AFTER AFTER
If DFPJE has a Resident Agent in Ph 15 days 30 calendar days
service of summons service of summons
MATTER of RIGHT MATTER of RIGHT MATTER of RIGHT MATTER of RIGHT

ANSWER to- 15 days AFTER 30 calendar days AFTER

• Amended complaint, service of copy service of copy
• Amended counterclaim,
• Amended cross-claim,
• Amended third (fourth, etc.)-
party complaint, and NOT a Matter of Right NOT a Matter of Right NOT a Matter of Right NOT a Matter of Right
• Amended complaint-in-
intervention. 10 days AFTER 15 calendar days AFTER
(11.3) notice of the order admitting amendment notice of the order admitting amendment

ANSWER to-
• Counterclaim, or FROM FROM
10 days 20 calendar days
• Cross-claim service service
(11.4)
REPLY FROM 15 calendar days FROM
10 days
(11.6) service of pleading responded to (IF allowed under Sec. 10 of Rule 6) service of the pleading responded to
ANSWER to supplemental complaint FROM FROM
10 days 20 calendar days
(11.7) notice of the order admitting the same notice of the order admitting the same
Motion for Bill of Particulars of a
FROM FROM
REPLY 10 days 10 calendar days
service service
(12.1)
FROM FROM
Compliance of Bill of Particulars
10 days notice of the order 10 calendar days notice of the order
(12.3)
(unless a diff. period is fixed by the court) (unless a diff. period is fixed by the court)
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 RULE 13 and 14

RULE 13 RULE 14

• Pleadings
• Motions SUMMONS
COVERAGE
• Other Court Submissions (14)
(13.1)
FILED and SERVED YES SERVED only
DATE of FILING PROOF

Written or Stamped
Date and Hour of
Personal Submission Acknowledgment of the
Clerk of Court’s
(13.3) Clerk of Court
endorsement
(13.16)
(13.3)
Post Office Stamp or
Registry Receipt
Registered Mail Date of Mailing
(with Affidavit of the
(13.3) (13.3)
person who mailed it)
(13.16)
Courier’s Official Receipt
and Document Tracking
MANNER of FILING Number N/A
Accredited Courier Date of Mailing (with Affidavit of the
(13.3) (13.3) service of the person who
brought the document to
the courier)
(13.16)
Paper Copy or
Electronic Mail or
Written or Stamped
Other Electronic
Date of Electronic Acknowledgment of the
Means
Transmission Clerk of Court
(Facsimile not
(13.3) (with Affidavit of the
allowed)
electronic filing)
(13.3)
(13.16)

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 RULE 13 RULE 14

MODES of
Date of Completion PROOF APPLICABILITY PROOF
SERVICE
• Written admission of the party served, or
• Official Return of the server, or
Actual Delivery
Personally • Affidavit of the person serving, containing a
(13.15)
(13.5) statement of the date, place, and manner of
Mail or Courier not allowed as service is made either
service.
• By the sheriff,
Upon the expiration of 10 calendar days after Affidavit of the person mailing stating the facts
Ordinary Mail • His or her deputy, • Shall be made in WRITING by the server,
mailing showing compliance with (13.7)
(13.5) • Other proper court officer, and • Shall set forth the manner, place, and date of service,
(13.15) (13.17)
• Plaintiff • Shall SPECIFY ANY PAPERS which have been served with the
• Actual receipt, or • Affidavit (same with Ord. Mail), and
o In cases where the sheriff, his or her deputy, or process and
Registered • After 5 calendar days from receipt of notice • Registry Receipt, or
other court officer fails to serve summons, or • The NAME of the person who received the same, and
Mail from postmaster • Unclaimed Letter (with certified or sworn
(Note: Together with the sheriff) • Shall be SWORN to when made by a person other than a
(13.5) (whichever is earlier) copy of the notice given by the postmaster)
o In cases where the summons is to be served outside sheriff or his or her deputy.
(13.15) (13.17)
the judicial region of the court where the case is (14.21)
• Actual Receipt, or
pending.
• After at least 2 attempts to deliver, or Affidavit of service
Accredited (14.3)
• Upon Expiration of 5 calendar days after first with
Courier
attempt to deliver Official Receipt (or Document Tracking Number)
(13.5)
(whichever is earlier) (13.7)
(13.15)
• Time of electronic transmission, or
• Time that the electronic notification of
• Through substituted service if allowed by court
service of the document is sent (when
(14.6d)
Electronic available)
• DPJE if there be a refusal on the part of the persons authorized
Mail Affidavit of service • Printout of said e-mail,
to receive summons despite at least three (3) attempts on two
(13.5) Note: with • With a copy of the summons served, and
(2) different dates, if allowed by the court.
Not complete if the party serving learns that it did Printed Proof of Transmittal • The affidavit of the person mailing.
(14.12)
not reach the addressee (13.7) (14.21)
• DFPJE (Not reg. or No Resident Agent; Transacted Business or
(13.15)
Doing Business in Ph) (FACSIMILE also applicable)
Facsimile
(14.14)
Transmission Upon Receipt
(13.5)

• DFPJE (Not reg. or No Resident Agent; Transacted Business or

• By the affidavit of the publisher, editor, business or advertising
Doing Business in Ph)
manager, to which affidavit a copy of the publication shall be
Applicable if- (14.14)
attached, and
• Person summoned by publication failed to appear in the action. • Defendant whose identity or whereabouts is unknown.
Publication • At the expense of the prevailing party. (14.16)
• By an affidavit showing the deposit of a copy of the summons
• Applies only to JUDGMENTS, FINAL ORDERS or RESOLUTIONS. • Defendant does not reside and is not found in the Philippines.
and order for publication in the post office, postage prepaid,
(13.13) (14.17)
directed to the defendant by registered mail to his or her last
• Residents temporarily outside of the Philippines.
known address
(14.18)
(14.22)

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 RULE 13 RULE 14
Coverage: Coverage:
• Pleadings and Other Papers • Summons

Manner:
May be served by personal delivery of a copy
• to the party or Manner:
• to the party’s counsel, or • By handing a copy thereof to the defendant in person and informing
• to their authorized representative named in the appropriate pleading the defendant that he or she is being served, or
or motion, or • If he or she refuses to receive and sign for it,
PERSONAL SERVICE • by leaving it in his or her office with his or her clerk, or with a person o By leaving the summons within the view and in the presence
having charge thereof. of the defendant.

• If no person is found in his or her office, or Note:

• his or her office is not known, or
• he or she has no office,
o By leaving the copy, between the hours of 8AM to 6PM at
the party’s or counsel’s residence, if known, with a person of
sufficient age and discretion residing therein.
(13.6)
• If service of pleadings, motions, notices, resolutions, orders and other
papers cannot be made by personal service or service by mail,
• The office and place of residence of the party or his or her counsel
being unknown,
SUBSTITUTED SERVICE 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
(13.8)
Different from Personal Service in Rule 13 because, in Rule 14, it must be made on
D himself.
(14.5)
If, for justifiable causes, the defendant cannot be served personally after at least
three (3) attempts on two (2) different dates, service may be effected:
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.

Note:
Different from Rule 13 because, in Rule 13, substituted service is made on the
CLERK of COURT.

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