Filing Service of Papers Service of Conventional Summons

(Section 3, in relation to Sec. 4 of Rule 13) Judgments, Service or Filing (Rule 14)
Final Orders, (Section 14, Rule 13)
Resolution
Manner of Date Filed: Proof of Filing: Manner: Completeness Proof of It shall be The following must Who serves the summons:
Filing: Day of Written or of Service: Service: served: be served personally 1.Served by the Sheriff or his deputy or other court
Personal Filing as stamped PERSONAL  Personally; or by registered mail: officer
Filing endorsed by acknowledgmen SERVICE or a. Initiatory 2.Plaintiff, as authorized by the court:
the Clerk of t of its filing by -done by:  Registered pleadings and a. together with the sheriff-in case of failure of
Court the clerk of -complete -written initial responsive sheriff to serve summons
 personal delivery mail; or
court on a copy upon actual admission of pleadings, such as b. when summons is to be served outside the judicial
of a copy to the  Accredited
of the pleading delivery the party an answer; region of the court
party or to the Courier-
or court served; or b. Subpoena, c. if plaintiff is a juridical entity: it must name its
party’s counsel upon ex
submission -official return protection orders, authorized representative
or to their parte
of the server; and writs; 3.Counsel of the defendant, where he makes a special
authorized motion of
or c. Appendices and appearance to contest improper service of summons
representative any party in
-Affidavit of exhibits to and was deputized by the court to serve summons.
 leaving the the case
service, motions, or other (Sec. 13, Rule 14)
Papers in the If a party
containing: documents that
party’s office summoned
through are readily NOTE: misrepresentation by the Plaintiff that the
with his or her
publication amenable to summons were served will cause the case to be dismissed
clerk or with a
failed to apper electronic with prejudiced and the proceedings shall be nullified
person in charge
in the action, scanning may, at
 If no person is
judgments, final the option of the
found in the If summons is returned without being served, the court
orders, or party filing such,
office or the shall order the plaintiff to cause the service of summons
resolutions be filed and
office is by other means available.
against him, he served
unknown, by
or she shall be conventionally;
leaving the copy
served by and
b/w the 8am-
means of d. Sealed and Manner of Service:
6pm at the
publication at confidential Generally,
party’s or
the expense of documents or 1. Service in person of the defendant;
counsel’s
the prevailing records. 2. Substituted Service;
residence with a
person of party. 3. Service consistent with international
sufficient age convention;
and discretion 4. Service by Publication;
residing therein. 5. Voluntary Appearance; and
6. In any other manner that the court may deem
Registered Date of Registry receipt SERVICE BY sufficient.
Mail filing as and affidavit MAIL
shown in the (contains: date -made by SERVICE IN THE PERSON OF THE DEFENDANT
receipt of and place of depositing the -deemed
complete -made by handing a copy of the summons to the
the post deposit, postage copy in the post Ordinary defendant in person and informing the defendant that he
office stamp fully paid, with office upon actual Mail:
receipt by the or she is being served; OR
or the instructions to -If no registry Affidavit of -if the defendant refuses to receive and sign for it, by
registry the postmaster service is addressee OR Service
after 5 leaving the summons within view and in the presence of
receipt to return the available, service the defendant (Tendering of summons)
mail to the may be done by calendar days
from the date Registered
sender after 10 ORDINARY Mail:
calendar days if MAIL he or she SUBSTITUTED SERVICE
received the Affidavit of -If the defendant cannot be served personally after at
not delivered) Service and
first notice of least 3 attempts on 2 different dates, service may be
the the registry effected by leaving copies of the summons at the
postmaster, receipt defendant’s:
whichever is a. Residence to a person at least 18 y/o and of sufficient
earlier Accredited discretion residing therein;
-ORDINARY Courier b. office or regular place of business with some
MAIL: Service: competent person in charge (one who customarily
deemed affidavit of receives correspondences for defendant)
complete service and c. if refused entry upon making his or her authority and
upon courier’s purpose known, with any of the officers of the
expiration of official receipt homeowners’ association or condominium
10 calendar or document corporation or its chief security officer; and
days after tracking d. by sending an electronic mail to the defendant’s
mailing number electronic mail address, IF allowed by court

Accredited Courier’s SUBSTITUTED

Courier official receipt SERVICE
and document -If Personal
tracking service and service Return of Service:
number; and by mail cannot be Completion of service: 30 calendar days from issuance of
Affidavit of made summons
Service -Service may be Return is filed within 5 calendar days from service of
Date of summons and serve a copy to the Plaintiff’s counsel,
mailing made by delivering
the copy to the personally, by registered mail, or by electronic means.
clerk of court, with
proof of failure of If substituted service have been effected, the return shall
personal service state the following:
and service by 1.The impossibility of prompt personal service within
mail. a period of 30 calendar days from issue and receipt
of summons;
Electronic Date of Affidavit of SERVICE BY 2.The date and time of the 3 attempts on at least two
Mail or electronic Electronic ELECTRONIC different dates to cause personal service and the
Electronic transmission Filing; and MEANS AND details of the inquiries made to locate the defendant
Means Paper copy of FACSIMILE residing thereat; and
the pleading -Email: made by 3.The name of the person at least 18 y/o and of
transmitted sending an email sufficient discretion residing, name of competent
-it is deemed person in charge of the defendant’s office or regular
to the party’s or
 counsel’s complete at -affidavit of place of business, or name of the officer of the
electronic means the time of the service and homeowner’s association or condominium
of transmission electronic printed proof corporation or its chief security officer in charge of
-Facsimile: made transmission of transmittal the community of building where the defendant may
by sending a of the be found.
facsimile copy to document
the party’s or Proof of Service:
counsel’s It shall be made in writing by the server containing the
-this service shall following:
be made if the a. Manner, place, and date of service;
party concerned b. Papers that have been served with the process;
consents to such c. Name of the person who received the summons
modes of service The Proof shall be sworn to when made by a person other
-Change in the than a sheriff or his or her deputy.
electronic mail
address or
facsimile number: If the service was made by publication, service may be
within 5 calendar proved by the affidavit of the publisher, editor, business
days, the party or advertising manager with the copy of the publication,
must promptly file AND by an affidavit showing the deposit of a copy of the
a notice of change summons and order for publication in the post office,
with the court and postage prepaid, directed to the defendant by registered
serve the notice to mail to his or her last known address.
all parties

Papers to be filed or served: PRESUMPTIVE

1. Judgment SERVICE
2. Resolution -there is
3. Order presumptive notice
4. Pleading subsequent to the to a party if it
complaint appears on the
5. Motion records the paper
6. Notice has been mailed:
7. Appearance  20 calendar
8. Demand days prior to the
9. Offer of Judgment scheduled
10. Other similar papers hearing and if
the addressee is
within the same
judicial region
of the court
where the case
is pending
 30 calendar
days if the
addressee is
from outside the
judicial region
 Affirmative Defenses
Sec. 5 (b), Rule 6, 1st Paragraph Sec. 12 (a), Rule 8
1. Fraud 1. That the court has no jurisdiction over the person of the defending party;
2. Statute of Limitations 2. That the venue is improperly laid
3. Release 3. That the plaintiff has no legal capacity to sue
4. Payment 4. That the pleading asserting the claim states no cause of action; and
5. Illegality 5. That a condition precedent for the claim has not been complied with.
6. Statute of Fruads
7. Estoppel
8. Former Recovery
9. Discharge in Bankruptcy
10. Any other matter by way of confession & avoidance
a. Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof (Sec. 12 (b), Rule 8)
b. Affirmative defenses if denied shall not be of subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus, but may be among matters to be raised on appeal
after a judgment on the merits. (Sec. 12, Rule 8)

Sec. 5 (b), Rule 6, 2nd Paragraph Sec. 12 (a), Rule 15

Grounds for dismissal of a complaint that may be raised as affirmative defenses Grounds for a Motion to Dismiss
(1) The Court has no jurisdiction over the subject matter (1) That the court has no jurisdiction over the subject of the claim;
(2) That there is another action pending between the same parties for the same cause (2) That there is another action pending between the same parties for the same cause; and
(3) That the action is barred by a prior judgment (3) That the cause of action is barred by a prior judgment or by the statute of limitations
LUZ NOTES: There is a conflict between the ground “statute of limitations” under Rule 6 and Rule 15.
If raised as affirmative defense, follow Rule 6 in relation to Rule 8.
If raised as a ground for a MTD, follow Rule 15 (an MTD is a litigious motion)
 Rule 15 Motions
NON-LITIGIOUS MOTIONS LITIGIOUS MOTIONS
a) Motion for the issuance of an alias summons 1) Motion for bill of Particulars
b) Motion for extension of time to file answer 2) Motion to dismiss
c) Motion for Postponement 3) Motion for New Trial
d) Motion for the issuance of a writ of execution 4) Motion for Reconsideration
e) Motion for the issuance of alias writ of execution 5) Motion for Execution pending appeal
f) Motion for the issuance of a writ of possession 6) Motion to amend after a responsive pleading has been filed
g) Motion for the issuance of an order directing the sheriff to. Execute the final certificate of 7) Motion to cancel statutory lien
sale 8) Motion for an order to break in or for a writ of demolition
h) Other similar motions (Sec. 4, Rule 15) 9) Motion for intervention
10) Motion for judgment on the pleadings
11) Motion for summary judgments
12) Demurrer to evidence
13) Motion to Declare Defendant in Default
14) Other similar motions (Sec. 5, Rule 15)

These motions shall not be set for hearing and shall be resolved by All motions shall be served by personal service, accredited private
the court within 5 calendar days from receipt thereof. courier or registered mail, or electronic means so as to ensure their
receipt by the other party. (Sec. 5b)
NOTE: Service is required for both
Litigious and Non-Litigious Motions The opposing party shall file his or her opposition to a litigious
motion within 5 calendar days from receipt thereof. No other
submissions shall be considered by the court in the resolution of the
motion.
PROOF OF SERVICE
No written motion shall be acted upon by the court without proof of
The motion shall be resolved by the court within 15 calendar days
service thereof, pursuant to Sec. 5(b) hereof. (Sec. 6, Rule 15)
from its receipt of the opposition thereto, or upon expiration of the
period to file such opposition.
EXTRATERRITORIAL SERVICE
-When allowed:
a. The defendant is a non-resident or is not found in the Philippines;
b. The action involves:
 That which affects the personal status of the plaintiff;
 That which relates to or the subject matter of which is property within the Philippines, in which the defendant claims a lien or interest, actual or contingent;
 That in which the relief demanded consists, wholly or in part, in excluding the defendant from an interest in property located in the Philippines; or
 That in which the defendant property has been attached in the Philippines; and
c. Leave of court is secured.

VOLUNTARY APPEARANCE
-equivalent to service of summons

Service upon Defendants:

Entity without Juridical Personality: When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known, service may be effected upon
all the defendants by serving upon:
1. Any one of them; or
2. Upon the person in charge of the office or place of business maintained in such name.
NOTE: Service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was filed.
Prisoners: service shall be effected by the officer having the management of such jail or institution who is deemed as a special sheriff.

The jail warden shall file a return within 5 calendar days from service of summons to the defendant.

Minors and incompetents: service shall be made:

1.Personally upon him or her; and
2.His or her legal guardian, guardian ad litem, whose appointment shall be applied for by the plaintiff.
3.Minor: made on his or her parent or guardian.

Spouses: if sued jointly, service must be made individually

Domestic Private Juridical Entity:

A defendant is a domestic private juridical entity when it is a:

 Corporation
 Partnership; or
 Association organized under the laws of the Philippines with a juridical personality.

Service may be made on its:

a. President;
b.Managing Partner;
c. General Manager;
d.Corporate Secretary;
e. Treasurer; or
f. In-house Counsel.
Wherever they may be found. In the absence or unavailability of the foregoing, service may be made upon their secretaries.

If the domestic juridical entity is under receivership or liquidation, the service may be made upon the receiver or liquidator.
NOTE: If the persons where service may be made refused to receive summons despite at least 3 attempts at 2 different date, service may be made electronically if allowed by the Court.

Foreign Private Juridical Entity:

Summons may be served on:

a.Its resident agent designated in accordance with law for that purpose; or
b.If there be no such agent, the government official designated by law to that effect; or
c.Any of its officers, agents, directors, or trustees within the Philippines.

If the foreign private juridical entity is NOT registered but has transacted or is doing business in the Philippines or has transacted therein, by leave of court, summons may be served to:
a.The government official designated by law to that effect;
b.Any of its officers, directors, agents, or trustees within the Philippines.

Furthermore, such service, with leave of court, upon foreign private juridical entity is NOT registered in the Philippines may be effected outside of the Philippines:
a.By personal service coursed through the appropriate court in the foreign country with the assistance of the DFA;
b.By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address
of the defendant;
c.By facsimile;
d.By electronic means with the prescribed proof of service;
e.By such other means as the court, in its discretion, may direct.

Public Corporations:
If defendant is the Republic of the Philippines, service may be effected to the Solicitor General.
If defendant is a province, city or municipality, or like public corporations, service may be effected on its executive head, or on such other officer or officers as the law or court may direct.

Defendant whose identity or whereabouts is unknown:

Service may be effected by publication in a newspaper of general circulation and in such places and for such time as the court may order. The order shall specify a reasonable time, which is not less than 60
calendar days after notice, within which the defendant must answer.
When: within 90 calendar days from the commencement of action
Always with leave of court.
 Judgment after Pre-trial Judgment without trial Judgment on the Pleadings
(Rule 34)
Definition It is a judgment based solely
on the relief prayed for in the
complaint without plaintiff
adducing any evidence.
When made When it is apparent that the
answer fails to tender an
issue, or otherwise admits the
material allegations of the
adverse party’s pleadings
How made Motu Proprio By Motion or Motu propio
Summary Judgments (Rule
35)
A judgment rendered by a
court without a full-blown
trial, if the court fids that,
except as to the amount of
damages, there is no genuine
issue as to any material fact
and the plaintiff or defendant
is entitled to a judgment as a
matter of law.
When there is no factual issue
which will require a full dress
evidentiary hearing involving
presentation of witnesses for
regular examination.
It is not proper in actions for
declaration of nullity or
annulment of marriage or
legal separation.
 Motion for New Trial Motion for Reconsideration
Grounds 1. FAME (Fraud, Accident, Mistake, or Excusable Negligence) 1. Excessive Damages
2. NDE (Newly-discovered Evidence) 2. Insufficient evidence
3. Contrary to law
When to file Within the period for taking an appeal:
 Notice of Appeal: 15 days
 Record on Appeal: 30 days
Where to file Within the court which rendered the questioned judgment or final order.
Effect of denial of the Motion If denied, not appealable;
Remedy is to appeal from the judgment or final order.
Neypes Rule applies.
Grant of Motion The court will set aside the judgment or final order. The case stands for trial The court may amend such judgment or final order accordingly.
de novo and will be tried anew.
Notes No 2nd MR allowed
Remedy Questions Raised Where Filed Mode of Appeal Period of Appeal
Rule 38
Petition for Relief from
Judgment
Rule 40 Questions of Fact, Law, or Filed to the RTC Notice of Appeal
Appeal from MTC to RTC Both exercising jurisdiction over
the area
Rule 41 Questions of Fact, Law, or
Appeal from RTC (original Both
jurisdiction) to CA
Rule 42 Questions of Fact, Law, or
Petition for Review from Both
RTC (appellate) to CA
Rule 43 Questions of Fact, Law, or
Appeals from quasi- Both
judicial agencies to CA
Rule 45 From CA, CTA en banc,
Petition for Review on and SB: Questions of Fact,
Certiorari from RTC, CA, Law, or Both
CTA En Banc to the SC
From RTC to SC: GR:
Question of Law only
E:
1. Writ of Amparo
2. Writ of Habeas
Data
3. Writ of
Kalikasan
Rule 47
Annulment of Judgments
Rule 64
Review of Judgments and
Final Orders or
Resolutions of COMELEC
and the COA
Rule 65
Certiorari, Prohibition,
Mandamus