RULE 13 FILING AND SEVICE OF PLEADINGS, JUDGMENTS

AND OTHER PAPERS

Section 1. Coverage
This rule shall govern 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.
Section 2. Filing and Service, Defined
Filing – is the act of presenting the pleading of other paper to the court.
Service – is the act of providing a party with a copy of the pleading or any
other court submission.
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 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.
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.
“The lack of formal notice cannot prevail against the fact of actual notice.”
Counsel of a party to whom a written request for admission is addressed
cannot answer such request for his client.
- A request for admission must be served directly upon the party
requested. Otherwise, that party cannot be deemed to have admitted
the genuineness of any relevant matters of fact set forth therein on
account of failure to answer the request for admission
- It is thus, unfair and reasonable for private respondents to expect
petitioners to answer the requests for admission that they did not
personally receive.
Other instances where direct service upon the party may be ordered:
 1. When the attorney of record cannot be located either because he gave
no address or changed his given address; and
2. An order to show cause why a party should not be punished for
contempt for disobeying a special judgment.
Section 3. Manner of Filing (PRCE)
The filing of pleadings and other court submissions shall be made by:(PRCE)
1. Submitting Personally the original thereof, plainly indicated as such, to
the court;
2. Sending them by Registered mail;
3. Sending them be accredited Courier; or
4. Transmitting them by Electronic mail or other electronic means as may
be authorized by the Court in places where the court is electronically
equipped.
Section 4. Papers Required to be Filed and Served: (PAM-JON-DORS)
1. Pleading subsequent to the complaint;
2. Appearance;
3. Written Motion;
4. Judgment;
5. Order;
6. Notice;
7. Demand;
8. Offer of Judgment;
9. Resolution; or
10. Similar papers.

Section 5. Modes of Service

Pleadings, motions, notices, orders, judgments, and other court submissions
shall be served: (PRO-FacI)
1. Personally;
2. By Registered mail;
3. Other electronic means as may be authorized by the Court;
4. Facsimile transmission;
5. Other electronic means provided for in International conventions to
which the Philippines is a party.
Section 6. Personal Service
Court submissions may be served by personal delivery of a copy: (PC-ROR)
1. To the Party;
2. To the party’s Counsel;
3. To their authorized Representative named in the appropriate pleading
or motion;
4. By leaving it in his or her Office with his or her clerk, or with a person
having charge thereof;
5. If no person is found in his or her office, or his or her office is not
known, or he or she has not office, then 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 residing therein.
Section 7. Service by Mail
Registered mail
- Is 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.
Ordinary Mail
- Availed of if no registry service is available in the locality of either the
sender or the addressee.
Section 8. Substituted Service
This mode is availed of only when there is failure to effect service personally
or by mail because the office and place of residence of the party or his
counsel is unknown.
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.
The service is complete at the time of such delivery.
Elements of a Valid Substituted Service: (ISLL)
1. The sheriff must establish the Impossibility of prompt personal
service;
2. There must be Specific details in the return describing the
circumstances surrounding the attempted personal service;
 3. If substituted service is made at defendant’s residence, sheriff must
Leave a copy of the summons with a person “of suitable age and
discretion residing therein”;
4. If substituted service is made at defendant’s office or regular place of
business, the sheriff must instead Leave a copy of the summons with a
competent person in charge thereof, referring to the person managing
the office, such as the President or Manager. (Here, the impossibility of
prompt personal service was not established, and a property custodian
is not a competent person in charge of the defendant’s workplace.)
Section 9. Service by Electronic Means and Facsimile
Service by electronic means and facsimile shall be made IF the party
concerned consents to such modes of service.
Manner of Service:
1. Service by Electronic Means
- Made by sending an e-mail to the party’s counsel’s electronic mail
address, or through other electronic means of transmission as the
parties may agree on, or upon direction of the court.
2. Service by Facsimile
- Made by sending a facsimile copy to the party’s or counsel’s given
facsimile number.
Section 10. Presumptive Service
There shall be presumptive notice to a party of a court setting if:
1. Such notice appears on the records to have been mailed at least 20
calendar days prior to the scheduled date of hearing and if the
addressee is from within the same juridical region of the court where
the case is pending; or
2. At least 30 calendar days if the addressee is from outside the juridical
region.
Section 11. Change of Electronic Mail Address or Facsimile Number
A party who changes his or her electronic mail address or facsimile number
while the action is pending must promptly file, within 5 calendar days from
such change, a notice of change of e-mail address or facsimile number with
the court and serve the notice on all other parties.
Service through the electronic mail address or facsimile number of a party
shall be presumed valid unless such party notifies the court of any change,
as aforementioned.
Section 12. Electronic Mail and Facsimile Subject and Title of
Pleadings and Other Documents
The subject of the electronic mail and facsimile must follow the prescribed
format: (CCO)
1. Case number;
2. Case title and the pleading;
3. Order or document title.
The title of each electronically-filed or served pleading or other document,
and each submission served by facsimile shall contain sufficient information
to enable the court to ascertain from the title: (PNPN)
1. The Party or parties filing or serving the paper.
2. Nature of the paper;
3. The Party or parties against whom relief, if any, is sought; and
4. Nature of the relief sought.
Section 13. Service of Judgments, Final Orders or Resolutions
Judgments, final orders or resolution shall be served either: (PRAP)
1. By Personal service;
2. By Registered mail;
3. By Accredited courier, upon ex parte motion of any party in the case
at the expense of such party; or
4. By Publication at the expense of the prevailing party, when a party
summoned by publication has failed to appear in the action.
NOTE: They cannot be served by substituted service.
Section 14. Conventional Service or Filing of Orders
GENERAL RULE: The following orders, pleading and other documents must
be served or filed personally or by registered mail when allowed, and shall
not be served or filed electronically:
1. Initiatory pleadings and initial responsive pleadings, such as an
answer;
2. Subpoena, protection orders and writs;
3. 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
4. Sealed and confidential documents or records.
EXCEPTION: Unless express permission is granted by the Court.
Section 15. Completeness of Service
1. Personal service – complete upon actual delivery.
2. Service by registered mail – complete upon:
a. Actual receipt by the addressee; or
b. After 5 days from the date he or she received the first notice of
the postmaster, whichever is earlier.
3. Service by accredited courier – complete upon:
a. Actual receipt by the addressee;
b. After at least 2 attempts to deliver by the courier service; or
c. Upon the expiration of 5 calendar days after the 1st attempt to
deliver, whichever is earlier.
NOTE: An accredited courier is any courier service provider issued with a
certificate of accreditation by the Office of the Court Administrator.
4. Electronic service – complete at the time of the electronic
transmission of the document, or when available at the time the
electronic notification of the document is sent.
5. Service by facsimile transmission – complete upon receipt by the
other party, as indicated in the facsimile transmission printout.
6. Service by ordinary mail – complete upon the expiration of 10 days
after mailing, unless the court otherwise provides.
7. Substituted service – complete at the time of such delivery.
The Rule on completeness of service by registered mail only provides for a
disputable presumption. The burden is on petitioner to show that the
postmasters notice never reached him and that he did not acquire
knowledge of the judgment.
Section 16. Proof of Filing
The filing of pleading or paper shall be proved by its existence in the record
of the case.
1. 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 proved by
the written or stamped acknowledgement of its filing by the clerk of
court on a copy of the pleading or court submission;
2. If the pleading or any other court submission was filed by registered
mail, the filing shall be proven 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.
3. 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. If the pleading or any other court submission was filed by electronic
mail, the same 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 acknowledgement of its
filing by the clerk of court. If the paper copy sent by electronic mail
was filed by registered mail, paragraph (b) of this section applies.
5. If the pleading or any other court submission was filed through other
authorized electronic means, the same shall be proven by an affidavit
of electronic filing of the filing party accompanied by a copy of the
electronic acknowledgement of its filing by the court.
Section 17. Proof of Service
1. Proof of personal service – consists of: (WOA)
a. The Written admission of the party served; or
b. The Official return of the server; or
c. The Affidavit of the party serving containing full information of
the date, place and manner of the service.
2. Proof of service by registered mail – consists of: (AR)
a. Affidavit of the person mailing showing compliance with Rule 13,
Section 7; and
b. The Registry issued by the mailing office.
3. Accredited courier service – shall be made by: (AT)
a. Affidavit or service executed by the person who brought the
pleading or paper to the service provider; and
b. Courier’s official receipt or document Tracking number.
4. Electronic mail, facsimile, or other authorized electronic means of
transmission - shall be made by:
a. Affidavit or service executed by the person who sent the e-mail,
facsimile, or other authorized electronic transmission; and
b. Printed proof of transmittal.
5. Proof of service by ordinary mail – consists of the affidavit of the
person mailing of the facts showing compliance with Section 7 of Rule
13.
Service of Papers distinguished from Service of Final Orders, Judgments, and
Resolutions:
Service of Papers may be made by: (PRA-EOS)
1. Personal service;
2. Registered mail;
3. Accredited courier service;
4. Electronic mail, facsimile, or other authorized electronic means of
transmission;
5. Ordinary mail, if service by registered mail is not available; and
6. Substituted service.
Whereas, service of judgments, final orders or resolutions shall be served
by: (PRP)
1. Personal service;
2. Registered mail; or
3. Publication, when a party summoned by publication has failed to
appear in the action.

Section 18. 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.

Section 19. Notice of Lis Pendens

Lis pendens is a Latin term which literally means a pending suit or a pending
litigation.
Notice of lis pendens is an announcement to the whole world that a
particular real property is in litigation, serving as a warning that one who
acquires an interest over the said property does so at his own risk, or that
he gambles on the result of the litigation over the said property.
In our jurisdiction, the following may file a notice of lis pendens:
1. The plaintiff – at the time of filing the complaint; and
2. The defendant –
a. At the time of filing his answer (when affirmative relief is claimed
in such answer): or
 b. At any time afterwards
Notice of lis pendens is proper in the following cases: (ReQuRPO)
1. An action to Recover possession of real estate;
2. An action to Quiet title thereto;
3. An action to Remove clouds thereon;
4. An action for Partition; and
5. Any Other proceedings of any kind in Court directly affecting the title
to the land or the use or occupation thereof or the buildings thereon.
On the other, the doctrine of lis pendens has no application in the following
cases: (PP-LAR)
1. Preliminary attachments;
2. Proceedings for the Probate of wills;
3. Levies on execution;
4. Proceedings for Administration of estate of deceased persons; and
5. Proceedings in which the only object is the Recovery of money
judgment.
Cancellation of Notice of Lis Pendens
A notice of lis pendens cannot be ordered cancelled on an ex parte
motion, much less without any motion at all. Neither can a notice of lis
pendens be ordered cancelled upon the mere filing of a bond by the party on
whose title the notice is annotated.
The notice of lis pendens may be canceled only upon order of this court,
after proper showing that: (MN)s
1. The purpose of its action is for Molesting the adverse party; or
2. It is Not necessary to protect the rights of the party who caused it to
be annotated.

(It may also be canceled by the Register of Deeds upon verified petition of
the party who caused the registration thereof.)
NOTE: filing for cancellation of the notice of lis pendens should be done
during the pendency of the case and not when it is already final and
executory pursuant to PD 1529, Sec. 77.