SUMMARY: FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS (Rule 13)

MODES OF SERVICE HOW COMPLETENESS OF SERVICE PROOF OF SERVICE

1. PERSONAL SERVICE 1. By personal delivery of a Personal service is complete
copy to the party or to upon actual delivery.
the party’s counsel or to
their authorized
representative(named in
the appropriate pleading
or motion);
2. By leaving it in his/her
office with his/her clerk,
or with a person having
charge thereof
IF no person is found in
his/her office or the office is
not known or has no office
- By leaving the copy
between the hours of 8
in the morning and 6 in
the evening, at the
party’s or counsel’s
residence, if known with
a person of sufficient age
and discretion.
2. REGISTERED MAIL 1. 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/her office(if known)
Otherwise at his/her
residence(if known) with
postage fully pre-paid;
2. With the instructions to
the postmaster to return
the mail to the sender
after 10 calendar days if
undelivered.
Proof of personal service shall
consist of:
1. A written admission of
the party served,
2. Or the official return of
the server
3. Or the affidavit of the
party serving, containing
a statement of the date,
place, and manner of
service.
1. Complete upon actual Proof shall be made by the
receipt by the addressee, affidavit of the person mailing
2. Or after 5 calendar days stating the facts showing
from the date he/she compliance with sec 7 of this
received the first notice rule, and the registry receipt
of the postmaster, issued by the mailing office.
whichever date is earlier.
The registry return card shall
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.
 3. ORDINARY MAIL
4. ACCREDITED COURIER
5. ELECTRONIC MAIL
(if the party concerned
consents to such mode of
service)
6. FACSIMILE
TRANSMISSION
(if the party concerned consents
to such mode of service)
7. SUBSTITUTED SERVICE
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.
NOTE: A party who changes
his/her e-mail address while
the action is pending must
promptly file a NOTICE of
change of e-mail add with the
court and on all other parties
within 5 calendar days from
such change (Sec 11, R13)
By sending a facsimile copy to
the party’s or counsel’s given
facsimile number.
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.
Upon expiration of 10 calendar
days after mailing, unless the
court provide otherwise.
1. Upon actual receipt the
addressee
2. Or after at least 2
attempts to deliver by
the courier service
3. Or upon the expiration
of 5 calendar days after
the first attempt to
deliver, whichever is
earlier.
1. At the time of the
electronic transmission
of the document
2. Or when available, at the
time that the electronic
notification of service of
the document is sent.
NOTE: Electronic service is not
effective or complete if the party
serving the document learns
that it did not reach the
addressee or person to be
served.
Upon receipt by the other
party, as indicated in the
facsimile transmission
printout.
The service is complete at the
time of such delivery.
Shall consist of an affidavit of
the person mailing stating the
facts showing the compliance
with sec 7 of this rule.
Shall be made by an affidavit of
service executed by the person
who brought the pleading or
paper to the service provider,
Together with the courier’s
official receipt or document
tracking number.
Shall be made by an affidavit of
service executed by the person
who sent the e-mail together
with a printed proof of
transmittal.
Shall be made by an affidavit of
service executed by the person
who sent the facsimile together
with a printed proof of
transmittal.
 MANNER OF FILING HOW COMPLETENESS OF FILING
1. PERSONAL FILING By submitting personally the The clerk of court shall endorse
original thereof, plainly on the pleading the date and
indicated as such, to the court. hour of filing or (upon receipt of
the court)
2. REGISTERED MAIL The date of the mailing of
motions, pleadings, and other
court submission 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.
3. ACCREDITED COURIER Same as above.
4. ELECTRONIC MAIL The date of electronic
transmission shall be
considered as the date of filing.
PROOF OF FILING
By existence of the pleading or
any other court submission in
the record of the case.
If it is not on the record but
claimed to have been filed
personally, the filing shall be
proven by the written or
stamped acknowledgment of its
filing by the clerk of court on a
copy of the pleading or court
submission.
1. By the registry receipt and
by the affidavit of the
person who mailed it,
containing a full statement
of the date and place of
deposit of the mail in the
post office in a sealed
envelope addressed to the
court, with postage fully
prepaid
2. And with the instructions
to the postmaster to return
the mail to the sender after
10 calendar days if not
delivered.
Shall be proven by an affidavit
of service of the person who
brought the pleading or other
document to the service
provider,
together with the courier’s
official receipt and document
tracking number.
Shall be proven by an affidavit of
electronic filing of the filing party,
accompanied by a paper copy of
the pleading or other document
transmitted or a written or
stamped acknowledgment of its
filing by the clerk of court.