UNIVERSITY OF SOUTHERN MINDANAO (USM)

First Year Law, Section B

2022-2023

CIVIL PROCEDURE I
Rule 13
FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS
 Rule 13

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. (1)

NOTE: Does Not Apply to Summons?

Subpoena?
l Section 2. Filing and Service, defined. — Filing is the act
of submitting the pleading or other paper to the court.
l 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 or one of them,
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.
l 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.
Distinction:
Filing is directed to the court, service is directed to a
party.
[A party’s “paper” has to be both filed and served. Is
there a sequence? What about papers, do they have
to be filed in court?
Where party has counsel:
1. Service must be made to counsel [service to party is
void; Philippine Radiant v. Metropolitan Bank, 477
SCRA 299 (2005), ] [Poon v. Basig-Chua, 502 SCRA
579 (2006)]
2. If party has several lawyers, service upon one is
sufficient.
3. Where law office has several branches, as an
exception, court allowed service to a branch because
the lawyer so directed process server. [Ouano v.
Aleonar, 202 SCRA 619 [1991]
Who is counsel where party is represented by a
law firm, with the signature of one under the word:
“By:”? Law Firm itself for purposes of service…
Rule: Service to counsel is service to client.
What if counsel is negligent? GCP v. Principe, 474 SCRA
555 (205) – Negligence of counsel binds client
Exception: Where counsel is “unconsciously
irresponsible” or “grossly incompetent”
Bayog v. Natino, 258 SCRA 378 [amounts to connivance]
GSIS vs. Bengson, 375 SCRA 431 (2002) [lawyer went
AWOL]
l Section 3. Manner of filing. — The filing of pleadings and other court
submissions shall be made by: (PAPERS SUBMITTED TO THE COURT]]
l (a) Submitting personally the original thereof, plainly indicated as such, to the
court;
l (b) Sending them by registered mail;
l (c) Sending them by accredited courier; or
l (d) Transmitting them by electronic mail or other electronic means as may be
authorized by the Court in places where the court is electronically equipped.
l In the first case, the clerk of court shall endorse on the pleading the date and hour
of filing. In the second and third cases, the date of the mailing of motions,
pleadings, and other court submissions, and payments or deposits, 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. In the fourth case, the date of electronic
transmission shall be considered as the date of filing.
Two (2) ways of filing [from a party to the court]:
1. Personally presenting to the clerk of court the original
2. By sending through registered mail
3. Sending them by 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.
Who are accredited courier?
1. LBC Express, Inc. – until Jan. 31, 2024 – OCA Circular No. 54-2023
2. Entrego Express – until Nov. 20, 2023 –OCA Circular No. 42-2023
3. JRS Business Corp. – until Jan. 9, 2024 – OCA Circular No. 42-2023
When considered filed: Why important?
1. If personal/direct, on the date an time stamped
“received” by the CoC on the paper,
2. If registered mail/or authorized courier – date of
mailing as stamped on the envelope or registry return
3. If by electronic transmission – date of transmission
mailing
Notes: Status -
Industrial Timber v. NLRC, 233 SCRA 597
If ordinary mail or through private mail
forwarders, date of actual receipt is considered
the date of filing.

By fax? Garvida v. Sales, 271 SCRA 767 (1997)

 Sec. 4. Papers required to be filed and served. -
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. (2a)
Applies to all papers coming from, or
submitted to the court---------
Not covered by service:

1. Complaint
2. Third-party complaint [as to 3rd party
defendant]
2. Non-litigious motions (Ex-parte]
Section 5. Modes of Service. —Pleadings,
motions, notices, orders, judgments, and other
court submissions shall be served personally
or by registered mail, accredited courier,
electronic mail, facsimile transmission, other
electronic means as may be authorized by the
Court, or as provided for in international
conventions to which the Philippines is a party.
Modes of service:
1. from the court or from the parties
2. from a party to another party
How done?
1. served personally
2. by registered mail or accredited courier
3. electronic mail, facsimile transmission
4. other electronic means as may be authorized by the
Court, or as 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 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. 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.
How personal service is done:
1. Delivering copy to party or his counsel
representative named in the pleading, or
2. Leaving it in his office with his clerk or person in
charge, or
3. If he is not found in his office or he has no office,
leaving copy at his residence with a person of sufficient
age and discretion (between 8:00 in the morning to
6:00 in the evening)
Section 7. Service 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 ten
(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.
How is service by registered mail done?
1. depositing the copy in the post office, in a sealed envelope, and
2. the envelope is 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,
and
3. postage fully pre-paid, and
4. with instructions to the postmaster to return the mail to the sender after
ten (10) calendar days if undelivered.
When can one avail of ordinary mail?
1. If no registry service is available in the locality of the sender, or
2. If no registry service is available in the locality of the addressee
 Sec. 8. Substituted service. - If service of
pleadings, motions, notices, resolutions, orders and
other papers cannot be made under the two
preceding sections, the office and place of residence
of the party or his 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. (6a)
1. When can there be substituted service of pleadings or orders? Answer:
Only if the office and place of residence of the party or his counsel is
unknown
2. How is this done? Answer: By delivering the copy to the clerk of court
3. What are the requirements before you can serve to the clerk of court?
Answer: Present proof of failure of both personal service and service by
mail

R Transport v. Philippine Hawk Transport, 473 SCRA 342 (2005)

At the trial, R Transport was represented by counsel. It lost
the case and a copy of the decision was sent to its counsel but
was returned to the trial court unserved with notation, “RTS-
Moved.” Held: Substituted
l 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.
l Service by electronic means shall be made by sending an e-mail
to the party's or counsel's electronic mail address, or through other
electronic means of transmission as the parties may agree on, or
upon direction of the court.
l Service by facsimile shall be made by sending a facsimile copy to
the party's or counsel's given facsimile number. (n)
Service by electronic mail can only be done:
1. If party agrees or
2. there is a court (direction of the court)
Section 10. Presumptive service. — There shall be
presumptive notice to a party of a court setting if
such notice appears on the records to have been
mailed at least twenty (20) calendar days prior to the
scheduled date of hearing and if the addressee is from
within the judicial region, or at least thirty (30) calendar
days if the addressee is from outside the judicial
region. (n)
How do we reconcile this with Sec. 15 on
completeness of service?
l 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 five (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.
l 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. (n)
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: case number, case title and the
pleading, 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: (a) the party or parties filing
or serving the paper, (b) nature of the paper, (c) the
party or parties against whom relief, if any, is sought,
and (d) the nature of the relief sought. (n)
Section 13. Service of Judgments, Final Orders or
Resolutions. — Judgments, final orders, or resolutions
shall be served either personally or by registered
mail. 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. When a party summoned by publication has
failed to appear in the action, judgments, final orders or
resolutions against him or her shall be served upon
him or her also by means of publication at the expense
of the prevailing party. (9)
Applies to Papers Coming from the Court: Decisions,
Final Orders, Resolutions (vital documents)
General Rule:
1. Personally
2. Registered Mail
Exceptions: 1.By accredited courier, on motion of a party
and at his expense
2. By publication, if the party was summoned
by publication and he failed to appear, at the expense
of the prevailing party
l Section 14. Conventional service or filing of orders, pleadings and
other documents. — Notwithstanding the foregoing, 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:
l (a) Initiatory pleadings and initial responsive pleadings, such as an
answer;
l (b) Subpoenae, protection orders, and writs;
l (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
l (d) Sealed and confidential documents or records. (n)
l Section 15. Completeness of service. — Personal service is complete upon actual
delivery. Service by ordinary mail is complete upon the expiration of ten
(10) calendar days after mailing, unless the court otherwise provides. Service by
registered mail is complete upon actual receipt by the addressee, or after five
(5) calendar days from the date he or she received the first notice of the
postmaster, whichever date is earlier. Service by accredited courier is complete
upon actual receipt by the addressee, or after at least two (2) attempts to deliver
by the courier service, or upon the expiration of five (5) calendar days after the first
attempt to deliver, whichever is earlier.
l Electronic service is complete at the time of the electronic transmission of the
document, or when available, at the time that the electronic notification of service
of the document is sent. Electronic service is not effective or complete if the party
serving the document learns that it did not reach the addressee or person to be
served.
l Service by facsimile transmission is complete upon receipt by the other party, as
indicated in the facsimile transmission printout. (10)
l Section 16. 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.
l (a) 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;
l (b) 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 ten (10) calendar days if not delivered.
l (c) 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.
l (d) 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 acknowledgment 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.
l (e) 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
acknowledgment of its filing by the court. (12)
l Section 17. 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:
l (a) Ordinary mail. - Proof shall consist of an affidavit of the person mailing stating the facts
showing compliance with Section 7 of this Rule.
l (b) Registered mail. - Proof shall be made by the affidavit mentioned above and the registry
receipt issued by the mailing office.ℒαwρhi৷ 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.
l (c) Accredited courier service. - Proof 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.
l (d) Electronic mail, facsimile, or other authorized electronic means of transmission. - Proof shall
be made by an affidavit of service executed by the person who sent the e-mail, facsimile, or
other electronic transmission, together with a printed proof of transmittal.(13)
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. (n)
NOTE: DOES NOT SEEM TO APPLY TO
DECISIONS AND RESOLUTIONS
l Section 19. Notice of lis pendens. — In an action affecting the title or the
right of possession of real property, the plaintiff and the defendant, when
affirmative relief is claimed in his answer, may record in the office of the
registry of deeds of the province in which the property is situated a notice
of the pendency of the action. Said notice shall contain the names of the
parties and the object of the action or defense, and a description of the
property in that province affected thereby. Only from the time of filing such
notice for record shall a purchaser, or encumbrancer of the property
affected thereby, be deemed to have constructive notice of the pendency
of the action, and only of its pendency against the parties designated by
their real names.
l The notice of lis pendens hereinabove mentioned may be cancelled only
upon order of the court, after proper showing that the notice is for the
purpose of molesting the adverse party, or that it is not necessary to
protect the rights of the party who caused it to be recorded. (14)
Note: Sec. 19, Rule 3.- Transfer of Interest

What is the effect of notice?

Director of Lands v. Martin, 84 Phil. 140
(1971) (Serves as notice to ALL PERSONS of
such claim. If you buy the land, the ROD will
issue you a new title with the annotation of
adverse claim.)
Some Cases:

Delos Santos v. del Rosario, 462 SCRA 98 [2005]

Since the lawyer was sick and his secretary was on
leave, the postman delivered the copy of the decision
to the clerk of a corporation whose office was adjacent
to the lawyer on April 2, 1998. When the lawyer
reported on April 17 and got the mail, he mistakenly
thought that the clerk received it on April 8. On April
20, the next business day, the lawyer filed a notice of
appeal.
Held: “Service of decisions by registered mail
should be made by depositing the copy of the
decision in the office, in a sealed envelope,
addressed to the party’s counsel at his office.
In this case, the postman served a copy of the
trial court’s decision on someone who was
neither an associate nor employee of
counsel. ”
Based on actual receipt-
Constructive Service
Quelnan v. VHF Philippines, 470 SCA 73 (2005)

The first notice by the postmaster to defendant who was not

represented by counsel to check his mail was on November 25,
1992. Thereafter, subsequent notices were sent by the
postmaster on December 7, 1992 and December 11, 1992. A
certification that the registered mail was unclaimed by the
defendant and thus returned to the sender after three successive
notices was issued by the postmaster.
Sec. 15. Completeness of Service: “Service by registered mail is
complete upon actual receipt by the addressee, or after five
(5) calendar days from the date he or she received the first notice
of the postmaster, whichever date is earlier.
Sec. 11, Rule 13 on Priorities of Service: GONE

1. Priority in mode of service: Ello v. Court of Appeals,

460 SCRA 406 (2005) Reason – MINIMIZE DELAYS and
STOP LAWYERS FROM:
(1) serving or filing pleadings by mail to catch opposing
counsel off-guard, thus leaving the latter with little or no
time to prepare, for instance, responsive pleadings or an
opposition; or (2) upon receiving notice from the post
office that the registered parcel containing the pleading of
or other paper from the adverse party may be claimed,
unduly procrastinating before claiming the parcel, or
worse, not claiming it at all, thereby causing undue delay.
Gone….

2. Requirement of explanation
What is the effect of failure to explain? NOT
FILED, except:
a. Musa v. Amor, 380 SCRA 347 (2002)
b. Garcesa v. Laguardia, 522 SCRA 559
(2007)
Form? None, except…
Barcelon v. CIR, 498 SCRA 126 (2006)
Is there a presumption that the mail was
received?
If the letter was (1) properly addressed with
postage prepaid, and (2) it was mailed, YES.
Is it conclusive? What is the effect of denial of
receipt?
 Quiz: True or False

l 1. _________________ Before the opposing party files his

Answer, amendment is a matter of right.
l 2. _________________ A pleading may be amended even
during trial for the purpose of adding an indispensable party.
l 3. _________________ After an Answer is filed, amendment
has to be done with permission from the court.
l 4. _________________ The amended pleading completely
replaces the original pleading.
l 5. _________________ The original pleading has totally
lost its value.
l 6. _________________ Where plaintiff amended his
complaint as a matter of right, defendant who fails to answer can
be declared in default.
l 7. _________________ An answer to a counterclaim must
be filed within 20 calendar days from service.
l 8. _________________ The same is true with an answer to
a counter-claim. [cross-claim]
l 9. _________________ A reply, if allowed, must be filed
within 15 calendar days.
l 10. ________________ Where defendant forgot to include
a pre-existing cause of action in his counter-claim, he may do so
by supplementing his answer.
l 11. ________________ Motions for extension of time to file
Answer is a prohibited pleading.
l 12. ________________ Service to lawyer of a copy of
pleading is equivalent to service to client.
l 13. ________________ Service to client represented by a
lawyer is not valid service to both client or lawyer.
l 14. ________________ A lawyer who represents two (2) or
more clients is entitled to one copy of a any paper served.
l 15. ________________ Pleadings are served by submitting
the same to the proper court.
 Multiple Choice:

16. _________________ A filed a case against B

for the collection of sum money in the amount of P2.5
million with the MTC. B filed a Motion to Dismiss for
lack of jurisdiction. Whereupon, A sought to amend his
complaint to reduce the amount of P2 million. Which
statement is correct? Amendment (a) should not be
allowed because it is intended to confer jurisdiction, (b)
should be allowed because no responsive pleading
has been filed, (c) can be allowed but only with leave
of court, (d) should not be allowed because it will just
cause delay.
l 17. _________________ An answer to a complaint under
Rule 11, Sec. 1, has to be filed, from service of summons, within:
(a) 30 working days, (b) 30 calendar days, (c) 30 calendar days,
but excluding Saturday, Sundays and holidays, (d) 60 calendar
days.
l 18. ________________ Plaintiff sued “X” for recovery of a
piece of land. “”X” filed his Answer, but plaintiff was given leave of
court to amend his complaint, which “X” received yesterday.
Which statement is correct? “X”: (a) has 30 calendar days to file a
new Answer, (b) may ignore the order and not file any new
Answer, which will not prejudice him, (c) has 15 working days to
file a new Answer, (d) has 30 calendar days to file a supplemental
answer
19. ________________ Which cannot be filed or
served electronically without express permission from
the court? (a) Notice of Hearing, (b) Motion for
Postponement, (c) Answer, (d) order of cancellation of
hearing

20. ________________ Which form of service can

be made only with the consent of the concerned party?
(a) electronic mail, (b) personal service, (c) registered
mail, (d) accredited courier