Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected. 

• Filing is the act of submitting the pleading or other paper to the court. 

• Service is the act of providing a party with a copy of the pleading or any other court submission.

There are significant changes provided in the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. This is a summary/discussion of Rule 13 (“Filing and Service of Pleadings, Judgments and Other Papers”), which governs the filing of all pleadings, motions, and other court submissions, as well as their service, except those for which a different mode of service is prescribed. The summary of other Rules may be tracked through the Menu.

The most significant amendments pertain to electronic means of filing and service, as well as the provision on accredited private courier. We start with the discussion on filing/service by electronic means. 

I. MODES OF FILING

The filing of pleadings and other court submissions shall be made by any of the following means: (1) Personal service; (2) By registered mail; (3) accredited courier; and (4) Electronic mail. 

1. Personal Service

This is done by submitting personally the original, plainly indicated as such, to the court. The clerk of court shall endorse on the pleading the date and hour of filing. 

Proof of filing. The filing of a pleading or any other court submission shall be proved by its existence in the record of the case. If the pleading or any other court submission is not in the record, but is 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

2. By Registered mail

The date of the mailing, 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. 

Proof of filing. If the pleading or any other court submission was filed by registered mail, the filing shall be proven 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, and with instructions to the postmaster to return the mail to the sender after 10 calendar days if not delivered. 

The modes of filing does not include ordinary mail, while the modes of service allows ordinary mail. 

3. Accredited courier

The date of the mailing, 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. 

Proof of filing. If the pleading or any other court submission was filed through an accredited courier service, the filing 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. 

4. Electronic mail (see Electronic Filing and Service)

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II. MODES OF SERVICE

Pleadings, motions, notices, orders, judgments, and other court submissions shall be served: (1) personally; or (2) by mail, either registered or ordinary; (3) accredited courier; (4) electronic means. 

1. Personal Service

Court submissions may be served by personal delivery of a copy to the party or to the party’s counsel, or to their authorized representative named in the appropriate pleading or motion, or by leaving it in his or her office with his or her clerk, or with a person having charge thereof. The 1997 Rules simply provides “service of the papers may be made by delivering personally”, while the 2019 Amendments provides “court submissions may be served by personal service”.

If no person is found in his or her office, or his or her office is not known, or he or she has no office, then 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. 

Proof of service. Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a statement of the date, place, and manner of service. If the service is made by: 

2. By mail

Service by registered mail shall be made 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 or her office, if known, otherwise at his or her residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after 10 calendar days if undelivered. 

If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail. 

Proof of service, ordinary mail. For ordinary mail, proof shall consist of an affidavit of the person mailing stating the facts showing compliance with the immediately proceeding paragraph. 

Proof of service, registered mail. For registered mail, proof of service shall be made by the affidavit mentioned above and the registry receipt issued by the mailing office. 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. Accredited courier service

Proof of service. 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.

The 1997 Rules of Civil Procedure (hereinafter, “1997 Rules”) does not provide for “accredited private courier”, although the Supreme Court has considered service/filing by private courier as equivalent to service/filing by ordinary mail (PSBank vs. Papa, G.R. No. 200469, 15 January 2018).  

4. Service by electronic means and facsimile (see Electronic Filing and Service)

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III. SUBSTITUTED SERVICE

If service cannot be made by personal service or by mail, the office and place of residence of the party or his or her counsel being unknown, 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. 

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IV. PRESUMPTIVE SERVICE

The rule on presumptive service is new under the 2019 Amendments. There shall be presumptive notice to a party of a court setting if such notice appears on the records to have been mailed: 

• if the addressee is from within the same judicial region of the court where the case is pending, at least 20 calendar days prior to the scheduled date of hearing; and 

• if the addressee is from outside the judicial region, at least 30 calendar days.

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V. COURT-ISSUED ORDERS AND OTHER DOCUMENTS

The court may electronically serve orders and other documents to all the parties in the case which shall have the same effect and validity as provided herein. A paper copy of the order or other document electronically served shall be retained and attached to the record of the case.  

The following orders, pleadings, and other documents must be served or filed personally or by registered mail when allowed, and shall not be served or filed electronically, unless express permission is granted by the Court: (a) Initiatory pleadings and initial responsive pleadings, such as an answer; (b) Subpoenae, protection orders, and writs; (c) Appendices and exhibits to motions, or other documents that are not readily amenable to electronic scanning may, at the option of the party filing such, be filed and served conventionally; and (d) Sealed and confidential documents or records.

However, judgments, final orders or resolutions shall be served either personally or by registered mail. These cannot be served by electronic means. The 2019 Amendments adds that upon ex parte motion of any party in the case, a copy of the judgment, final order, or resolution may be delivered by accredited courier at the expense of such party. 

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VI. SERVICE ON COUNSEL

If a party has appeared by counsel, service upon such party shall be made upon his or her counsel, unless service upon the party and the party’s counsel is ordered by the court. 

• Where one counsel appears for several parties, such counsel shall only be entitled to one copy of any paper served by the opposite side. [This rule is the same in the 1997 Rules.]

• Where several counsels appear for one party, such party shall be entitled to only one copy of any pleading or paper to be served upon the lead counsel if one is designated, or upon any one of them if there is no designation of a lead counsel. [This is a new provision under the 2019 Amendments.]