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Filing and Service of Pleadings, Judgments and Other Papers in Civil Cases Service upon counsel representing several

ting several parties

 Where one counsel appears for several parties, he shall only be entitled to
one copy of any paper served upon him by the opposite side. (Sec. 2, Rule
Filing and service, defined 13)

 Filing is the act of presenting the pleading or other paper to the clerk of
court.
Manner of filing
 Service is the act of providing a party with a copy of the pleading or paper
concerned. (Sec. 2, Rule 13)  Two modes of filing:

a) By presenting the original copy of the pleading, notice, appearance,


motion, order of judgment personally to the clerk of court; or
Upon whom service shall be made b) By registered mail (Sec. 3, Rule 13).

 If a party has not appeared by counsel, then service must be made upon  In the first mode, the clerk of court shall indicate or endorse on the pleading
him. or paper filed, the date and hour of filing.

 If any party has appeared by counsel, service upon him shall be made upon  In the second mode,
his counsel or one of them, unless service upon the party himself is ordered
by the court. 1. The date of mailing, as shown by:

 The rule is that when a party is represented by counsel in an action in court, a) the post office stamp on the envelope OR
notices of all kinds, including motions, pleadings, and orders must be served b) registry receipt,
on said counsel and notice to him is notice to the client.
shall be considered as the date of filing, payment or deposit in court.
 Notice to the counsel is effective notice to the client, while notice to the o Either of which may suffice to prove the timeliness of the filing
client and not his counsel is not notice in law. of the pleadings. If the date stamped on one is earlier than the
other, the former may be accepted as the date of filing.
Exception: When the court or tribunal orders service upon the party or when
the technical defect in the manner of notice is waived. o This presupposes, however, that the envelope or registry
receipt and the dates appearing thereon are duly authenticated
 Service of a petition upon a party, when the party is represented by counsel before the tribunal where they are presented.
of record is a patent nullity and is not binding upon the party wrongfully
served. 2. The rule also requires that the envelope be attached to the record of the
case. (Sec. 3, Rule 13)
Exception: Compelling reasons involving substantial justice.

Reasons:
How to prove filing
o The parties, generally, have no formal education or knowledge of
the rules of procedure, specifically, the mechanics of an appeal or  The filing of a pleading or paper shall be proved by its existence in the
availment of legal remedies; thus, they may also be unaware of the record of the case.
rights and duties of a litigant relative to the receipt of a decision.
a) If it is not in the record, but is claimed to have been filed personally,
o It is best for the courts to deal only with one person in the interest the filing shall be proved by the written or stamped
of orderly procedure.

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acknowledgment of its filing by the clerk of court on a copy of the Service of judgments, final orders or resolutions
same;
 When what is to be served are judgments, final orders or resolutions, the
b) if filed by registered mail, same shall be served either:

1. by the registry receipt and a) Personally, or


2. by the affidavit of the person who did the mailing, b) By registered mail.
a) containing a full statement of the date and place of
depositing the mail in the post office in a sealed  When a party summoned by publication has failed to appear in the action,
envelope addressed to the court, judgments, final orders or resolutions against him shall be served upon him
b) with postage fully prepaid, and also by publication. (Sec. 9, Rule 13)
c) with instructions to the postmaster to return the
mail to the sender after ten (10) days if not
delivered. (Sec. 12, Rule 13) Personal service; priority in modes of service and filing

Papers required to be filed and served  The service and filing of pleadings and other papers shall be done
personally, whenever practicable. This is the preferred mode of service.
 The following papers are required to be filed with the court AND served upon (Sec. 11, Rule 13)
the parties affected:
 If another mode of service is used other than personal service, it must be
a) Judgments, accompanied by a written explanation why the service or filing was done
b) Resolutions, personally.
c) Orders,
d) Pleadings subsequent to the complaint, Exception: Service of papers emanating from the court.
e) Written motions,
f) Notices,  A violation of this explanation requirement may be cause for the papers to
g) Appearances, be considered as not having been filed. (Sec. 11, Rule 13)
h) Demands,
i) Offers of judgment, or
j) Similar papers (Sec. 4, Rule 13)
When personal service is deemed complete

 Upon actual delivery, personal service is deemed complete. (Sec. 10, Rule
Modes of service 13)

 Two modes of service of pleadings, motions, notices, orders, judgments and


other papers (Sec. 5, Rule 13):
Service by mail
a) Personally (Sec. 6, Rule 13), OR
b) By mail (Sec. 7, Rule 13).  The preferred service by mail is by registered mail.

 However, if personal service and service by mail cannot be made, service o Service by ordinary mail may be done only if no registry service is
shall be done by “substituted service” (Sec. 8, Rule 13). available in the locality of either the sender or the addressee. (Sec.
7, Rule 13)

 Service by registered mail shall be done:

a) by depositing the copy in the post office,

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b) in a sealed envelope,
c) plainly addressed to the party or his counsel at his office, if known,
or How to prove service
d) otherwise at his residence, if known,
e) with postage fully prepaid, and  Proof of personal service shall consist of the written admission of the party
f) with instructions to the postmaster to return the mail to the sender served. It may also be proven by the:
after 10 days if not delivered. (Sec. 7, Rule 13)
a) Official return of the server, or
 Service by registered mail is proved: b) The affidavit of the party serving, containing full information of the
a) By the registry receipt issued by the mailing office and date, place and manner of service. (Sec. 13, Rule 13)
b) An affidavit of the person mailing of facts showing compliance with
the Sec. 7, Rule 13. (Sec. 13, Rule 13)  If the service is by ordinary mail, proof thereof shall consist of the affidavit
of the person mailing of the facts showing compliance with Sec. 7, Rule 13.
o Both the affidavit and receipt need to be appended to the paper (Sec. 13, Rule 13)
being served.
 If the service is by registered mail, the proof shall consist of such:
 When the service of notice is an issue, the rule is that the person alleging
that the notice was served must prove the fact of service. a) Affidavit of the person mailing and
b) The registry receipt issued by the mailing office.

 The registry return card is to be filed immediately upon its receipt by the
When service by mail is deemed complete 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. (Sec.
 Service by ordinary mail is complete upon the expiration of ten (10) days 13, Rule 13)
after mailing, unless the court otherwise provides.
 Absent any proof of service of the decision, the period of 15 days within
 Service by registered mail is complete upon actual receipt by the addressee, which the party may file its motion for new trial does not begin to run
or after five (5) days from the date he received the first notice of the against such party. If it admits, however, that it received the copy of the
postmaster, whichever date is earlier. (Sec. 10, Rule 13) decision on a certain date despite absence of proof of service, that date
would be the reckoning date of the 15-day period. (Republic v. BPI, G.R. No.
203030, Sept. 11, 2013)

Substituted service

 This mode is availed of only when there is failure to effect service personally
or by mail. This failure occurs when the office and residence of the party or
counsel are unknown. (Sec. 8, Rule 13)

 Substituted service is effected by delivering the copy to the clerk of court,


with proof of failure of both personal service and service by mail. (Sec. 8,
Rule 13)

When substituted service is complete

 Substituted service is complete at the time of delivery of the copy to the


clerk of court. (Sec. 8, Rule 13)
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