RULE 12 - BILL OF PARTICULARS

 
 Done thru a motion; clarification/enhancement
 How to decide is always discretionary
 
 When applied? (Sec.1)
o Before responding to a pleading
 A party may move for a definite statement or BP
 Any matter not averred with sufficient definiteness or
particularity
o If the pleading is a REPLY - within 10 calendar days from
service thereof
 Purpose
o To enable moving party to prepare his/her responding pleading
 Contents
o Defects complained of
o Paragraphs wherein they are contained
o Details desired
 
 Action of the Court (Sec. 2)
o Upon filing of the motion - clerk of court must immediately bring
it to the attention of the court
o Court - may either deny or allow outright; or allow the parties the
opportunity to be heard
 
 Compliance vs Non-compliance
o Compliance (Sec.3)
 If motion granted (in whole or in part) - compliance
within 10 calendar days from receipt of notice of
order; XPN: court fixes a different period
 BP or a more definite statement - may be filed
separate or in an amended pleading
 Copy served on the adverse party (moving party)
o Non-compliance (Sec. 4)
 Not obeyed or insufficient compliance
 Court may
 Order the striking out of the
pleading or the portions to
which the order was
directed, or
 Make such other order as it
deems just
 
 Stay of period to file responsive pleading (Sec. 5)
 After service of the BP or a more definite pleading, or
 After notice of denial of his/her motion
  Moving party may file his responsive pleading
 Within the period to which he/she was entitled at the
time of filing of the motion -- shall not be less than 5
calendar days in any event
 
 Bill - part of the pleading (Sec. 6)
o BP becomes part of the pleading for which it was intended
 
 The Fresh Period Rule: (Sec.5 - Stay of Judgment)
o Fortune Life Ins. Co. Inc. vs. COA
845 SCRA 599, Nov. 21, 2017
 
Issues:
1. Whether or not petitioner complied with the rule on proof of
service
2. Whether or not Fresh Period Rule under Neypes applied to
petition for certiorari under Rule 64 of the Rules of Court
 
Ruling:
1. NO
The petitioner obviously ignores that Section 13, Rule 13 of the Rules of
Court concerns two types of proof of service, namely: the affidavit and
the registry receipt. The Rule requires that if the service is done by
registered mail, proof of service shall consist of the affidavit of the
person effecting the mailing and the registry receipt, both of which must
be appended to the paper being served. A compliance with the rule is
mandatory, such that there is no proof of service if either or both are not
submitted. The rules requires to be appended the registry receipt, not
their reproductions. Hence, the cut print-outs did not substantially comply
with the rule.
 
2. NO
The reglementary periods under Rule 42 and Rule 64 are different. In
the former (R42), the aggrieved party is allowed 15 days to file the
petition for review from receipt of the assailed decision or final order, or
from receipt of the denial of a motion for new trial or reconsideration. In
the latter (R64), the petition is filed within 30 days from notice of the
judgment or final order or resolution sought to be reviewed. The filing of
a motion for new trial or reconsideration, if allowed under the procedural
rules of the Commission concerned, interrupts the period; hence, should
the motion be denied, the aggrieved party may file the petition within
the remaining period, which shall not be less than 5 days in any event,
reckoned from the notice of denial.
 
 Considering that it received the notice of denial on July 14m 2014, it had
only until July 19, 2014 to file the petition. However, it filed the petition on
August 13, 2014, which was 25 days too late.
 
Neypes vs CA: - does not apply to motion for bill of particulars R12, 62
and 64 (balance of the period which is 30 days, which is optional), and
65 (60day period is mandatory counted from the order denying the MR)
“To  standardize  the  appeal  periods  provided  in  the  Rules  and  to 
afford litigants fair opportunity to appeal their cases, the Court deems it
practical to allow a fresh period of 15 days (from the receipt of the copy
of the order) within which to file the notice of appeal in the Regional Trial
Court, counted from receipt of the order dismissing a motion for a new
trial or motion for reconsideration.” 
 
“Henceforth, this “fresh period rule” shall also apply to Rule 40 governing
appeals from the Municipal Trial Courts to the Regional  Trial Courts;
Rule 42 on petitions for review from the RTC to the CA; Rule 43 on
appeals from quasi-judicial agencies tot the CA and Rule 45 governing
appeals by certiorari to the SC. The new rule aims to regiment or make
the appeal period uniform, to be counted from receipt of the order
denying the motion for new trial, reconsideration (whether full or partial
or any final order or resolution.."
 
 
 
RULE 13 - FILING & SERVICE OF PLEADINGS, JUDGMENTS AND OTHER
PAPERS
 
 Coverage (Sec. 1)
o Filing of ALL pleadings, motions and other court submissions
o Service - same (G.R.)
o XPN: those for which a different mode of service is prescribed
 
 Distinguish Filing from Service (Sec. 2)
o Filing (par 1)
 Act of submitting the pleading or other paper to the
court
 
o Service (par 2)
 Act of providing a party with a copy of the pleading or ay
other court submission
 Party appeared by counsel
 Service upon party (GR) - made upon his/her
counsel (XPN)
 XPN2XPN: upon the party and the
counsel order by the court
  1 counsel for several parties
 Counsel entitled to only one copy
of the paper served by the opposite
side
 Several counsel for 1 party - 1 copy only
 Lead counsel - if designated
 Any of the counsels - if no
designation of a lead counsel
 
 Manner of Filing (Sec. 3)
o Personal filing- personally the original, plainly indicated as
such
 Date and hour of filing - as endorsed thereon by the
clerk of court
 Complete: filing is complete upon delivery to the
clerk of court
 
o Registered mail (date of filing, payment, or deposit in court)
 Date of mailing as shown by the post office stamp
 Envelope shall be attached on the record of the case
 Complete: upon delivery to the mail service
 
o Accredited courier (date of filing, payment, or deposit in court)
 Date of mailing as shown by the post office stamp
 Envelope shall be attached on the record of he case
 Complete: upon delivery to the courier
 
o Electronic mail or any electronic means, as authorized by the court
- where he Court is electronically equipped
 Date of electrical transmission = date of filing
 Complete: upon sending of the electronic mail
 
o Palileo doctrine no longer applies - overturned
o RACCA vs ECHAGUE (REM2!!!) REVIEW!!!
 
 Papers required to be filed with the court and served upon the parties
affected (Sec. 4)
o Judgment
o Resolution
o Order
o Pleading subsequent to the complaint
o Written motion
o Notice
o Appearance
o Demand
o Offer of judgment
 o Similar papers
 
 Modes of Service (Sec. 5)
o Personal Service (Sec. 6)
 Personal delivery to:
 The party or his/her counsel, or
 Their authorized representative named
in the pleading/motion, or
 By leaving it in his/her office with his
clerk, or with a person having charge
thereof
 By leaving the copy, between 8AM and 6PM, at the
party's OR counsel's residence, if known, with a
person of sufficient age and discretion residing
therein - if:
 No person is found in the office
 Office not known
 No office
 
o Registered mail (Service by Mail - Sec. 7)
 By depositing a copy in the post office
 In a sealed envelope
 Plainly addressed to the party or the counsel at his/her
office, if known
 If not known - at his/her residence, if known
 With postage fully pre-paid
 With instructions to the postmaster
 To return to sender after 10 calendar days if
undelivered
 If no registry service in the locality of the sender or
addressee
 Ordinary mail
 Why 2 modes of service by mail (registered mail and
ordinary mail)?
 Prescriptive period
 There are still parts of the country that don't
have registry mail service.
 
o Accredited courier
o Electronic mail
o Facsimile transmission
o Other electronic means - as authorized by the Court, or as provided for
in international Conventions to which the PH is a party
 
 Substituted Service (Sec. 8)
 If service cannot be made personally or by mail
  Office or residence of the party or counsel
- unknown
 By delivering the copy to the clerk of court
 With proof of failure of both personal
service and service by mail
 Service = complete at the time of such delivery
 
 Service by electronic means and facsimile (Sec. 9)
 Made if the party consents to such modes of service
 By electronic means
 Sending an e-mail to the e-mail address
of party or counsel, or
 Through other electronic means of
transmission - as agreed upon by the
parties, or upon the direction of the court
 By facsimile
 By sending a facsimile copy to the fax
number of party or counsel
 
 Presumptive service (Sec. 10)
 Presumptive notice to a party of a court setting
 If such notice appears on the records to have been
mailed
 At least 20 calendar days prior to the
scheduled date of hearing - addressee is
from within the same judicial region as the
court where the case is pending
 At least 30 calendar days - outside the
judicial region
 Basis: record of the court
 
 Change of e-mail address or fax number while the case is
pending (Sec. 11)
 Notice of change - filed within 5 calendar days from
such change with the court
 Copy of the notice - served on all other parties
 Service through e-mail or fax = presumed valid,
UNLESS the party notifies the court
 
 E-mail and fax subject and title of pleadings and other documents
(Sec. 12)
 Prescribed format:
 Case number
 Case title and the pleading
 Order or document title
  Title - shall contain sufficient information to enable the
court to ascertain from it:
 The party/ies filing or serving
 Nature of the paper
 Party/ies against whom relief, if any, is
sought
 Nature of the relief sought
 
 Conventional service
 Is there still priority in the mode of service?
 
 Completeness of Filing/Service
 
 Proof of Filing/Service
o Common denominator of all modes: AFFIDAVIT (conjunction is
"AND", not "OR")
 
 Notice of Lis Pendens