Rule On Filing and Service

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

Mode of Filing Procedure/ Date of Filing Proof of Filing

- By submitting personally the (1) If pleading or other court submission is not in the record,
original thereof, plainly indicated as (2) but is claimed to have been filed personally—
such, to the court
Personal filing
- The clerk of court shall endorse Proven by: written or stamped acknowledgment of its filing
on the pleading the date and hour of by the clerk of court on a copy of the pleading or court
filing. submission
Proven by: (1) the registry receipt and (2) the affidavit of the
person who mailed it
- The date of mailing of the court
Affidavit must contain: (1) full statement of the date and
submissions and payments or
Registered mail place of deposit of the mail in the post office in a sealed
deposits, as shown by the post office
envelope addressed to the court, with postage fully prepaid,
stamp on the envelope or the registry By
and
receipt, shall be considered as date of
existence
(2) with instructions to the postmaster to return the mail to
filing. in the
the sender after ten (10) calendar days if not delivered.
- The envelope shall be attachedrecord of
Proven by: (1) an affidavit of service of the person who
to the record of the case. the case
brought the pleading or other document to the service
Accredited Courier
provider, together with (2) the courier's official receipt and
document tracking number
Proven by: (1) an affidavit of electronic filing of the filing
party accompanied by (2a) a paper copy of the pleading or
- As may be authorized by Court
other document transmitted or (2b) a written or stamped
By electronic mail in places where the court is
acknowledgment of its filing by the clerk of court.
electronically equipped
If the paper copy sent by electronic mail was filed by
- The date of electronic
registered mail, paragraph (b) of this Section applies.
submission shall be considered as the
Proven by: (1) an affidavit of electronic filing of the filing
date of filing.
By other electronic means party accompanied by (2) a copy of the electronic
acknowledgment of its filing by the court

Mode of Procedure/Date of Service Completeness Proof of Service


Service
(1) By personal delivery of a copy to Shall consist of
Personal (1a) the party or (1) a written admission of the party
Complete upon actual delivery
Service (1b) to the party's counsel, or served, or
(2) the official return of the server, or
(1c) to their authorized representative (3) the affidavit of the party serving,
named in the appropriate pleading or containing a statement of the date, place,
motion, or and manner of service
(2) by leaving it in his or her office with
(2a) his or her clerk, or
(2b) with a person having charge thereof.

(3a) If no person is found in his or her


office, or (3b) his or her office is not
known, or (3c) he or she has no office,
then—
(3)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.
By depositing (1a) the copy in the post
Shall be made by the affidavit of the
office, in a sealed envelope, plainly
person mailing showing compliance with
addressed to the party or to the party's
Complete upon actual receipt by the S7 R13 and the registry receipt issued by
counsel at his or her office, if known,
addressee, or after five (5) calendar days the mailing office. The registry return card
By registered otherwise at his or her residence, if
from the date he or she received the first shall be filed immediately upon its receipt
mail known, (1b) with postage fully pre-paid,
notice of the postmaster, whichever date by the sender, or in lieu thereof, the
and (1c) with instructions to the
is earlier unclaimed letter together with the
postmaster to return the mail to the
certified or sworn copy of the notice given
sender after ten (10) calendar days if
by the postmaster to the addressee.
undelivered.
If no registry service is available in the Shall consist of affidavit of the person
locality of either the sender or the mailing stating the facts showing
Complete upon the expiration of ten (10)
By ordinary addressee, service may be done by compliance with Section 7 of this Rule, i.e.,
calendar days after mailing, unless the
mail ordinary mail. that no registry service is available in the
court otherwise provides.
locality of either the sender or the
addressee
Complete upon actual receipt by the Shall be made by an affidavit of service
By accredited
addressee, or after at least two (2) executed by the person who brought the
courier
attempts to deliver by the courier service, pleading or paper to the service provider,
or upon the expiration of five (5) calendar together with the courier's official receipt
days after the first attempt to deliver, or document tracking number
whichever is earlier.
(1) If service of pleadings, motions,
notices, resolutions, orders and other
papers cannot be made under the two
preceding sections,
(2) the office and place of residence of the
(Existence in the record of the case—
Substituted party or his or her counsel being The service is complete at the time of such
since copy thereof is with the clerk of
service unknown, delivery.
court)
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. T
- If the party concerned consents to Complete at the time of the electronic
such modes of service. transmission of the document, or when
available, at the time that the electronic
By sending an e-mail to the party's or notification of service of the document is
By electronic counsel's electronic mail address, or sent.
mail through other electronic means of
transmission as the parties may agree Electronic service is not effective or
on, or upon direction of the court. complete if the party serving the
document learns that it did not reach the Shall be made by an affidavit of service
addressee or person to be served. executed by the person who sent the e-
- If the party concerned consents to mail, facsimile, or other electronic
such modes of service. Complete upon receipt by the other party, transmission, together with a printed
By facsimile
as indicated in the facsimile transmission proof of transmittal
transaction
By sending a facsimile copy to the party's printout.
or counsel's given facsimile number.
- As may be authorized by the Court Complete at the time of the electronic
or as provided for in the international transmission of the document, or when
By other
conventions to which the Philippines is a available, at the time that the electronic
electronic
party notification of service of the document is
means
sent.
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.

You might also like