SERVIC
MANNER OF FILING
FILING AND SERVICE OF:
ALL PLEADINGS
MOTIONS
OTHER COURT SUBMISSIONS
XPN:
Those for which a different
mode is prescribed.
SUBMITTING TO A PARTY -
PERSONALLY (ORIGINAL) HIM/HERSELF
- date and hour of the
filing (is the date of
filing)
SERVICE - the act of
FILING - the act of providing a party a copy of COUNSEL - if re
submitting the pleading the pleading or any other
or other court submission court submission
to the court BY REGISTERED MAIL
(date of mailing and
payment and deposit as BOTH PARTY an
shown by the post office COUNSEL - if or
stamp or the registry the court (one
receipt
BY ACCREDITED COURIER TO COUNSEL - i
(same as 2nd case) representing se
parties (one co
TRANSMITTING THEM BY
ELECTRONIC MAIL - date
of electronic transmission
LEAD COUNSEL
counsel (one co
If NO LEAD COU
DESIGNATED - t
OTHER MEANS AS MAY BE
AUTHORIZED BY THE
COURT
 LEAD COUNSEL
counsel (one co
If NO LEAD COU
DESIGNATED - t
OTHER MEANS AS MAY BE
AUTHORIZED BY THE
COURT

SERVICE
TO A PARTY -
HIM/HERSELF
COUNSEL - if represented
BOTH PARTY and
COUNSEL - if ordered by
the court (one copy only)
TO COUNSEL - if
representing several
parties (one copy only)
LEAD COUNSEL - if several
counsel (one copy only)
If NO LEAD COUNSEL
DESIGNATED - to any one of them
RULE 13 : FILING ANS SERVICE
OF PLEADINGS, JUDGEMENTS
AND OTHER PAPERS
PERSONAL SERVICE
By Personal Delivery to the following:
1. party
2. counsel
3. authorize representative named in the pleading
or motion
4. or by leaving it with his/her office or clerk or
person having charge thereof
5. if no person found or office is not known or has
no office - by leaving the copy b/n 8am to 6pm at
the party's or counsel's residence, if known, with
a person of sufficient age and discretion residing
MODES OF thereon
SERVICE SUBSTITUTED
pleadings can
under the two
servive may b
delivering the
of court, WITH
FAILURE of bo
service and se
service is com
of such delive
SERVICE BY MAIL
1. REGISTERED MAIL - by depositing the copy
in the post office - addressed to the party or to
his counsel at his/her office - if known -
otherwise to his residence, if known, with
postage fully pre-paid, and with instructions
to the postmaster to return the mail to the
sender after 10 days if undelivered.
2. if no registy service is available in the
locality of either the sender or the addressee,
service may be done by ORNINARY MAIL.

LEAD COUNSEL - if several
counsel (one copy only)
If NO LEAD COUNSEL
DESIGNATED - to any one of them
sender after 10 days if undelivered.
2. if no registy service is available in the
locality of either the sender or the addressee,
service may be done by ORNINARY MAIL.
E
S
SUBSTITUTED SERVICE - if the
pleadings cannot be made
under the two modes - the
servive 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.
SERVICE BY ELECTRONIC MEANS and
FACSIMILE - if the party concerned
CONSENTS to such mode
ELECTRONIC MEANS -
by sending an email to the
party's or counsel e-mail
address or other e-means of
transmission as parties may
agree on -r upon direction of
the court
PRESUMPTIVE SERVICE - if
notice appears on record
to have been mailed at
least 20 days before the
scheduled hearing - within
the same judicial region;
or 30 days - if outside the
judicial region - notice is
served
Completeness of Service
FACSIMILE - by sending a
facsimile copy yo yhe 1. Pesonal Service - complete upon
actual delivery
party's counsel's given
facsimile number 2. Ordinary mail - upon expiration of
the 10 days after mailing
3. Registered mail - upon actual
receipt of the addressee or 5 days
from the date he or she received the
first notice of the postmaster -
whichever is earlier
4. Accredited Courier - upon actual
receipt of the addressee or after at
least 2 attempts to deliver by the
courier or upon the expiration of 5
dyas after the first attempt to deliver,
whichever is earlier
5. EMAIL - at the time of electronic
transmission of the document
6. FACSIMILE - upon receipt by the
other party as indicated in the
receipt of the addressee or after at
least 2 attempts to deliver by the
courier or upon the expiration of 5
dyas after the first attempt to deliver,
whichever is earlier
5. EMAIL - at the time of electronic
transmission of the document
6. FACSIMILE - upon receipt by the
other party as indicated in the
facsimile transmission printout
 ICE - if
ecord
d at
the
within
gion;
de the
ce is

plete upon
expiration of
n actual
or 5 days
received the
aster -

pon actual
or after at
er by the
ration of 5
pt to deliver,
electronic
ment
ipt by the
in the
 or after at
er by the
ration of 5
pt to deliver,
electronic
ment
ipt by the
in the
intout
 CONTENTS
1. Directed to the defendant
CLERK OF COURT 2. signed by the clerk of court
AS DIRECTED
under seal
3. contains the ff:
a. name of the court and parties
to the action;
b. an authorization by the court
for the plaintiff to serve
summons to the defendant (if
authorized by the court upon ex
parte motion)
WITHIN 5 DAYS
UPON RECEIPT OF c. a direction to answer wirhin
INITIATORY the time fixed by these rules
SUMMONS PLEADING AND
PROOF OF
d. a notice that in case of no
answers, judgment by default
PAYMENT may be granted

attachments:
1. a copy of the complaint
2. order for appointment of
guardian ad litem, if any

shall be attached to the original

summons and each copy of the
summons
UNLESS
COMPLAINT IS
DISMISSABLE
ON ITS FACE
 in case of of failure of service by
BY THE SHERIFF them - the court may authorize
the PLAINTIFF to serve the
HIS/HER DEPUTY summonds - togehter with the
S OTHER PROPER COURT OFFICER sheriff
ndant
of court

nd parties If summon is to be served OUTSIDE

the judicial region of the court where SUMMONS - valid
the court the case is pending - the plaintiff shall until duly served
e
dant (if be authorized to cause the service
t upon ex
VALIDITY OF
r wirhin SUMMONS and
e rules BY WHOM ISSUANCE OF UNLESS RECALLED
of no SERVED? plaintiff - JURIDICAL ENTITY - to his authorized ALIAS SUMMONS BY THE COURT
default representative upon notice to the court -
attaching the board reso or secretary's certificate
thereto

aint in case of loss or

ent of
ny destruction - ALIAS
SUMMONS IS RETURNED without being SUMMON may be
e original served, the court shall order the plaintiff to issued upon motion
py of the cause the service of summons by other
means available under the Rules

FAILURE TO COMPLY shall cause

the dismissal of the initiatory
pleading without prejudice
service by
authorize SERVICE OF SUMMONS
e the
with the

PERSONAL SERVICE- by handling a
copy thereof to the defendant in
SUMMONS - valid
person - if he REFUSES - by leaving the
until duly served summond within the view and in the
preseence of the defendant
Substituted Service
1. for justifiable causes
2. defendant cannot be served
personally
3. after AT LEAST 3 ATTEMPTS o
different date

UNLESS RECALLED 1. by leaving copies at the

There is FAILURE to serve defendant's house to a
BY THE COURT after UNSUCCESSFUL person at least 18 yo and
ATTEMPTS to of sufficient discretion
PERSONNALLY SERVE the residing therein
SUMMONS 2. by leaving copies at the
in case of loss or defendant's office or
destruction - ALIAS regular place of business
SUMMON may be with some competent
issued upon motion person in-charge thereof
3. with any of the officetd
of the homeowner's
association or condo
corporation or its chief
security officer where the
defendant may be found
4. through e-mail if
allowed by the court
Substituted Service
1. for justifiable causes
2. defendant cannot be served
personally
3. after AT LEAST 3 ATTEMPTS on 2
different date

1. by leaving copies at the

defendant's house to a
person at least 18 yo and
of sufficient discretion
residing therein
2. by leaving copies at the
defendant's office or
regular place of business
with some competent
person in-charge thereof
3. with any of the officetd
of the homeowner's
association or condo
corporation or its chief
security officer where the
defendant may be found
4. through e-mail if
allowed by the court