RULE 13 - FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER

PAPERS
★ This is not a mixed and matched of Rule 14
★ Filing - The party in relation to the court
★ Service - The party in relation to the other party

Manner of Filing
1. Personal - brought to the court and will be signed, stamped and noted.
- Considered filed on the date and hour of filing
- Proof: the written or stamped acknowledgment of its filing by the clerk of court on a
copy of the pleading or court submission

2. Registered Mail - the party goes to the post office with his documents sealed in an envelope.
He will be given a registry receipt and return card where he will put the name and address
of the addressee. Once the mail is delivered, the return card will be returned to the sender
which he will nor provide the court, together with the receipt and affidavit as proof of
service.
- Considered filed at the date of mailing (kahit last day of filing pwede itakbo sa Post
Office para mahabol)
- Proof: the registry receipt and by the affidavit of the person who mailed it.

3. Accredited courier - just like how LBC and other courier services/processes. There is a
receipt and electronic tracking number which can be tracked down in the courier’s portal.
Ninja van
- Considered filed at the date of mailing
- Proof: 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. Electronic Mail/ Other electronic transfers - this became very useful at the times of
pandemic (Present move to align it with the business hours)
- Considered filed at the day of electronic transmission
- With consent of parties
- Via order of the court
- Change of email = Notify the court and serve at least 5 days from the change
- Proof: 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.

★ You cannot file anything which is not served on the other party - ISERVE MO MUNA BAGO
MO I-FILE SA COURT!!
- The modes used in service and filing may be different. (number of possibilities)
 - Priority of Service = The priority in filing and service is in person. You have to make
an explanation at the bottom of the pleading while the mode resorted to is not
personal.

★ PRESUMPTIVE SERVICE - Bago ito; Adopted from QC Courts Practice

- Applies only if it is the Court which served.

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 same
judicial region of the court where the case is pending, or at least thirty (30) calendar days if
the addressee is from outside the judicial region

★ Service originating from the court

- The Court can serve the party
- Provisions: Sec. 13 and 18

★ MODES OF SERVICE BY THE COURT

Final judgements or resolutions - personal service and registered mail only - The
court will never deliver a decision via ordinary mail.
Accredited courier - 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.
Publication - 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.
Electronic - The parties consented to electronic mode and the court issued an order
pursuant to electronic service.This does not include court decisions/resolutions.

★ Other Parties ought to be served

- There are instances where service must also be done for a tribunal. The court also
serves = orders, Summons, decisions, notices
1. Corporations are nominal parties - they will have to be served copies of
pleadings
2. R65 Petition - the tribunal who allegedly committed grave abuse have to be
served copies of pleadings
3. Solicitor General - where the government is involved.

★ Modes of Service by the Parties

1. Personal service - This includes personal delivery to the party’s counsel or
authorized person on record; leaving a copy in the office of the counsel to the person
 in charge therein during the hours of 8am - 6pm.; leaving a copy in the residence of
the party or counsel to a person of sufficient discretion and living therein; (This is
substituted service in Rule 14 but in Rule 13, this is a Personal Service)
- Proof: 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.
- Completeness: upon actual delivery

2. Service by mail -
a. Registered mail - with postage mail
- Proof: by the affidavit of the person mailing and the registry receipt
issued by the mailing office.
- Completeness: 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.

b. Ordinary mail - This can be resorted to when registered mail is not available
in the area; This is not recommended because there is no certainty as to the
date and time of when it will be received. This is considered completely
served upon expiration of ten days from the date of service. But even when
ten days has elapsed since the date of mailing when the party did not receive
it, it is not considered completely served.
➢ Sec. 15 xxx Service by ordinary mail is complete upon the expiration
often (10) calendar days after mailing, unless the court otherwise
provides. Xxx
- Proof: affidavit of the person mailing stating the facts showing
compliance with Section 7 of this Rule
- Completeness: upon the expiration often (10) calendar days after
mailing, unless the court otherwise provides.

3. Accredited courier - same as in “Filing”

- Proof: 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.
Completeness: 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.

4. Electronics means - same as in “Filing”

- Proof: affidavit of service executed by the person who sent the e-mail. facsimile, or
other electronic transmission, together with a printed proof of transmittal.
- Completeness: 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.
- Service by facsimile transmission is complete upon receipt by the other party, as
indicated in the facsimile transmission printout.

★ SUBSTITUTED SERVICE:
Section 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 or her 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.

★ CONVENTIONAL SERVICE OF FILING - personal or registered mails

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:

(a) Initiatory pleadings and initial responsive pleadings, such as an answer: - if via registered mail, the
filing fee will be sent via Money order. ; for Answers - it may contain a filing fee for counterclaims
(permissive)

(b) Subpoena, protection orders, and writs - Rule 21, Section 6. Service. - Service of a subpoena shall
be made in the same manner as personal or substituted service of summons. The original shall be
exhibited and a copy thereof delivered to the person on whom it is served. The service must be made so
as to allow the witness a reasonable time for preparation and travel to the place of attendance.

Costs for court attendance and the production of documents and other materials subject of the
subpoena shall be tendered or charged accordingly.

(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 - the
appendices are so voluminous that it will not be amenable for electronic scanning.

(d) Sealed and confidential documents or records.

★ Service by International Conventions

- Administrative Order No. 251-2020 Guidelines on the Implementation in the Philippines of
the Hague Service Convention on the Service Abroad of Judicial Documents in Civil and
Commercial Matters)
 - This will only apply on judicial documents on civil and commercial matters
- Both Member-countries acceded to the Hague Convention
- Outbound = documents originates from PH
- Inbound = documents originates from foreign country
- If the country of origin acceded to the Hague convention - you do not need to deal with local
lawyers
- Central Authority: This is where the documents will go through and will be responsible for
forwarding it to the specific court. (e.g. Document it from Japan, document will go through
OCA who will deliver it to any judge of the area and will deliver it to the specific party as
requested by the country of origin.
- All judges are considered competent authorities = If the document originates from a Ph
court/ judge, the judge can directly deal with the Central Authority of the foreign country to
where the document will be sent, without having to go through OCA. But the OCA will be
furnished with a copy of the document.
- Judicial documents: orders, resolutions, official documents as well as pleading and other
court submissions of parties in a civil or commercial proceedings.- This includes Summons
where the amended rules in Summons provided for International Covenantions,

★ Notice of Lis Pendens

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 or her 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.

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.
- May kaunting mantsa ang titulo mo.
- This is not a provisional remedy
- The annotation is to apprise the whole world that the real property is subject of a court
litigation.
- This involves a REAL ACTION only - as opposed to the provisional remedy of attachment.
- This notice of lis pendens establishes no right, title or interest or encumbrance.= It should
be an existing right, interest, lien or encumbrance that the party has in order for him to
cause the annotation of lis pendens on the property.
- The annotation of lis pendens does not affect the merit of the case - Hindi ibig sabihin
nanalo ka na.
- You do not have to wait for an Answer to file for a Notice of Lis Pendens
 - This does not need a court order to effect the Notice of Lis Pendens = 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.
- But the cancellation of the notice requires a court order.
CASE: ATLANTIC ERECTORS, INC., V. HERBAL COVE REALTY CORPORATION, G.R. No. 148568
March 20, 2003

- ISSUE: Whether or not money claims representing cost of materials for and labor on the
houses constructed on a property are a proper lien for annotation of lis pendens on the
property title.

- HELD: No. Apparently, petitioner proceeds on the premise that its money claim involves the
enforcement of a lien. Since the money claim is for the nonpayment of materials and labor
used in the construction of townhouses, the lien referred to would have to be that
provided under Article 2242 of the Civil Code. This provision describes a contractor's
lien over an immovable property as follows:

"Art. 2242. With reference to specific immovable property and real rights of the debtor, the
following claims, mortgages and liens shall be preferred, and shall constitute an encumbrance
on the immovable or real right:

xxx xxx xxx

"(3) Claims of laborers, masons, mechanics and other workmen, as well as of architects,
engineers and contractors, engaged in the construction, reconstruction or repair of buildings,
canals or other works, upon said buildings, canals or other works;

"(4) Claims of furnishers of materials used in the construction, reconstruction, or repair of

buildings, canals or other works, upon said buildings, canals or other works.

However, a careful examination of petitioner's Complaint, as well as the reliefs it seeks, reveals that no
such lien or interest over the property was ever alleged. The Complaint merely asked for the payment
of construction services and materials plus damages, without mentioning -- much less asserting -- a
lien or an encumbrance over the property. Verily, it was a purely personal action and a simple
collection case. It did not contain any material averment of any enforceable right, interest or lien in
connection with the subject property.

As it is, petitioner's money claim cannot be characterized as an action that involves the enforcement of
a lien or an encumbrance, one that would thus warrant the annotation of the Notice of Lis Pendens.
Indeed, the nature of an action is determined by the allegations of the complaint.
ST. MARY OF THE WOODS SCHOOL, INC V. RD OF MAKATI CITY, G.R. NO. 174290 : January 20,
2009.
- The RTC has inherent power to cancel a notice of lis pendens. It may be ordered at any given
time even before final judgment, x x x."

CASE: Vicente v. Avera, G.R. no. 169970 : January 20, 2009.

Jovencio was the registered owner of the property. He sold it to spouses Vicente. All the while,
spouses Vicente was in possession of the property.

Then, Delia, wife of Roberto alleged that Jovencio later on executed an SPA appointing Jose as his
agent and sold the same property with Assumption of Mortgage in favor of Roberto.

Delia then sued Roberto for nullity of marriage. In this case, she alleged that she had exclusive
ownership over the property in dispute and a notice of lis pendens was inscribed on the property's
title. The court later on declared their marriage null and void and ordered that the property in
dispute be put in custody of Delia.

Meanwhile, pursuant to the Deed of Sale executed between Jovencio and spouses Vicente, the latter
were issued a TCT over the property. The notice of lis pendens was carried over in this TCT of the
spouses.

ISSUE: What is the effect of the notice of lis pendens on the TCT of spouses Vicente.
HELD: No effect.

In the case at bar, the notice of lis pendens does not affect Spouses Vicente’s title to the property in
dispute.

A notice of lis pendens concerns litigation between a transferor and a third party, where the
transferee who acquires land with a notice of lis pendens annotated on the corresponding
certificate of title stands in the shoes of his predecessor and in which case the transferee's
title is subject to the results of the pending litigation.

The notice of lis pendens does not concern litigation involving Rebuquiao, who transferred his title
to the property in dispute to petitioners, and his title. The notice of lis pendens pertains to the JDRC
case, an action for nullity of the marriage between Avera and Domingo. Since Rebuquiao's title to
the property in dispute is not subject to the results of the JDRC case, petitioners' title to the same
property is also not subject to the results of the JDRC case.

We must stress that until Spouses Vicente’s title is annulled in a proper proceeding, Delia has no
enforceable right over the property in dispute. At this point, Spouses Vicente's possession of the
subject property must be respected.
CASES WHERE LIS PENDENS MAY BE PROPER:
1. An action to recover possession of a real estate
2. Quieting of title
3. Partition
4. Any other proceeding directly affecting title, use or occupation of a land

CASES WHERE LIS PENDENS MAY NOT BE PROPER:

1. Preliminary Attachment
2. Probate of estate
3. Levy of execution
4. Proceedings for the administration of estate
5. Recovery of sum of money

CASE: Lis pendens was canceled by the RTC then the CA reinstated it. Is the CA correct? Ans. Yes. It
is within the jurisdiction of the CA.

Notice of lis pendens - This contemplates a judicial proceeding not a proceeding before an
administrative agency. Summary Motion filed in an LRA - THIS IS NOT ALLOWED!
- Rule 7,S ec. 6 - Sad story of the old man UNSCRUPULOUS LAWYERS

RULE 14 - SUMMONS

Manotoc v. Manotoc

★ Proactive duty of the judge

Section 1. Clerk to issue summons. - Unless the complaint is on its face dismissible under Section 1,
Rule 9, the court shall. within five (5) calendar days from receipt of the initiatory pleading and proof
of payment of the requisite legal fees, direct the clerk of court to issue the corresponding summons to
the defendants.

★ Contents of Summons
- If the plaintiff will be authorized by the court to serve the summons, it will be stated on the
contents too.

How summons may be served by whom:

1. Court server - like the sheriff, his deputy and other authorized officer
 2. When would the plaintiff and the sheriff serve the summons together - When there
is failure of personal service in the address of the defendant indicated in the
complaint. Ask the court to accompany the sheriff - always with a court order.

3. Plaintiff will serve the summons

a. When the defendant is outside the judicial region. This is provided in the
Rules because of the costs involved in serving the summons. This also
requires authority from the court. Downside: knowledge on the process on
how summons is served. (Kahit walang failure of service ito)
b. When there are several defendants and the summons are returned unserved.
This also needs authority from the court. (There is failure to serve here on
the first attempt)

Sanctions against erring Plaintiff:

- You comply and there is misrepresentation - If there is misrepresentation as to the part of
the Plaintiff in serving the summons - the case will be dismissed with prejudice. The
proceedings will be nullified and the person may be meted with sanctions. DO NOT MESS
WITH THE COURT!
- If the plaintiff will not comply - the case will be dismissed without prejudice.

Effectivity of Summons:
- Valid until served or recalled by the court - NO EXPIRY DATE
- Failure to serve - unsuccessful attempts to serve the summons in the address of the
defendant indicated in the complaint.
- If the service is unsuccessful, there is no need to make a return to the court yet.

Alias Summons:
Alias Summons is only possible under the recent rules if the summons itself is lost or destroyed.

Mode of service of summons

I. Individual defendant
1. Personal service
➢ handing a copy of the summons to the defendant and informing him that he is being
served. Hindi ito yung iiwan na lang ito sa bahay or opisina - Ito ay sa rule 13. The
defendant may refuse to accept the summons.
➢ If there is refusal to receive - leave the summons within the view and in the presence
of the defendant = Tender of summons.

★ Personal service can also be done in any place where the defendant may be found
provided it is the defendant himself who will be served.
 CASE: Sansho v. Mogol, G.R. NO. 177007 : July 14, 2009
- Service of summons to an individual defendant may be served anywhere he
may be found provided it is the defendant himself who will be served.

2. Substituted service - There should be three attempts on two different dates to

personally serve the summons on the address of the defendant indicated in the
complaint before substituted service can be resorted to.
➢ Leave it in the address of the defendant indicated in the complaint to a
person of 18 years of age, of sufficient discretion and living therein.
➢ Leave it in the place of business or place of employment of the defendant to a
person who customarily receives correspondence on behalf of the office
➢ Leave it if refused entry upon making his or her authority and purpose
known, with any of the officers of the homeowners association or
condominium corporation or its chief security officer in charge of the
community or the building where the defendant may be found
➢ By sending an electronic mail to the defendant's electronic mail address. if
allowed by the court.

II. Special Individual defendants

a. Detained person - Personally serve it on the warden. The jail warden must file a return
within five (5) calendar days from service of summons to the defendant.
b. Minor/incompetent - Personally serve it on the parents or guardian: There is some sort of
disjoint in the provision that service may be made to the minor or incompetent person
himself. Just to be safe, serve it with the parents or guardian. Possibility that it can be served
with the minor - E.g. Naka-aksidente siya and he is 16 or 17 and knows the import of filing a
case against his misdeeds.
c. Spouses - When spouses are sued jointly, service of summons should be made to each
spouse individually.

III. Juridical entities

a. Domestic corporation, partnership or association
★ Personal service
1. serve it to the President, General Manager, Managing Partner, Corporate
Secretary, Treasurer, in house counsel wherever they may be found for as
long as it is personally served - This used to be a closed list, now service
could be made to those cited below:
2. if those in No. 1 are unavailable, to their secretaries who is found in the
address of the defendant indicated in the Complaint??? TIME STAMP: 10: 54
Day 2, Part 2(C) (This is not substituted but still personal service, hence no
need for three attempts on two separate dates)
3. upon the person who customarily receives the correspondence for the
defendant at its principal office. - The receptionist usually receives mails.
 ★ Service by electronic means (Substituted Service) - Should there be a refusal on
the part of the persons above-mentioned to receive summons despite at least three (3)
attempts on two (2) different dates, service may be made electronically. if
allowed by the court. as provided under Section 6 of this Rule.
1. Electronic mail

★ Notes: Personal Service - Domestic Corporation

1. This includes corporations located in PEZA = They are incorporated in the Philippines.
2. An executive secretary is not the corporate secretary
3. In-house counsel = employed in the company; attorney in the company; in banks, it is
usually the vice president.; if there are several attorneys in the company, make sure it is
served to the attorney designated as in-house counsel.

b. Foreign private juridical entities

1. Doing business in the Philippines and with legitimate presence (may opisina ito sa
Pilipinas,e.g. Representative offices) - Serve it to the:
resident agent
government agency designated to receive summons
Directors or trustees
Officers, agents
2. foreign private juridical entity not registered in the Philippines -no resident agent
but has transacted or is doing business in the Ph (Walang opisina dito sa Pilipinas)
This necessitates leave of court to serve summons because the service will
be done outside the Ph. After leave of court, service will be done via:
➢ By personal service coursed through the appropriate court in the
foreign country with the assistance of the Department of Foreign
Affairs
➢ 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 - (TIME STAMP: 15:50, Day 2 Part
2(c), baliktad sinabi ni Sir. His client is the defendant so publication
should really be made here in the Philippines)
➢ By facsimile
➢ By electronic means with the prescribed proof of service
➢ By such other means as the court in its discretion, may direct
 IMPORTANT: On the modes cited above, there is no hierarchy to be followed nor several
attempts to serve it personally. For as long as leave of court to serve the summons is
granted, the party may choose any one of these modes.

c. Public corporation - service may be effected on the:

1. Solicitor General
2. In case of a province, city or municipality, or like public corporations, service may be
effected on its:
a. executive head - Governor or Mayor
b. such other officers or officers as the law or the court may direct - City
Administrator

III. Other Types of INDIVIDUAL defendants

a. Service upon defendant whose identity or whereabouts are unknown
- the defendant is designated as an unknown owner, or the like, or whenever his or
her whereabouts are unknown and cannot be ascertained by diligent inquiry
- Serve the summons via:
Personal service - attempt to serve it personally within 90 days from the
commencement of the action
If the first mode is unsuccessful, with leave of court - publication in a
newspaper of general circulation and in such places and for such time as the
court may order. Defendant has to Answer within 60 days from notice.
IMPORTANT: This covers all types of actions - in rem; quasi in rem or in rem

b. Extraterritorial service
- You are certain that the defendant does not reside and is not found in the Philippines
- This applies only to in rem and quasi in rem actions:
a. Affects personal status of the plaintiff
b. Property found in the Philippines which the defendant owns, has lien or
interest thereon
c. The property of the defendant has been attached within the Philippines
**This is not an exclusive list - basta in rem or quasi in rem

- Here, this is certainty that the defendant does not reside in the Philippines which is
why extraterritorial service is needed. There is no certainty that the defendant will
go back to the Philippines - nagmigrate na sa ibang bansa. Hence, this is different to
a defendant who may be TEMPORARILY outside the Philippines as per Sec. 18.
- Serve the summons with leave of court via:

personal service outside the Philippines

as provided for in international conventions to which the Philippines is a
party - Hague Conventions
 by publication in a newspaper of general circulation in such places and for
such time as the court may order , ideally in the Philippines first (last known
address), in which case a copy of the summons and order of the court shall
be sent by registered mail to the last known address of the defendant. ** 60
days for the defendant to file his Answer

CASE: You cannot compel the plaintiff to to serve a copy of the summons in
the last known address if there is no way of knowing the last known address
as the defendant has been away for a long time. Publication alone is
considered in any other manner the court may deem sufficient.

in any other manner the court may deem sufficient

CASE: Arieta v. Arieta G.R. No. 234808, November 19, 2018

The wife abandoned the husband and went to California. The husband filed
an action for nullity of marriage and requested to serve summons via
publication. The court approve it and ordered service to course through the
DFA. THE MODE IS TECHNICALLY A COMBINATION OF SERVING SUMMONS
TO A FOREIGN JURIDICAL ENTITY AND INDIVIDUAL DEFENDANT - but the
Supreme Court held that it falls under this category = in any other manner
the court may deem sufficient.
- Substantial compliance: The sending of copy of summons to the last
known address of the defendant would be futile.

c. Residents temporarily out of the Philippines

- E.g. seafarers, OFW, contract workers abroad - They retain residence in the
Philippines. Ideally, bumabalik after the period of their contract.
- Serve the summons with leave of court via: (same rules for extraterritorial service)
Personal service in the last known address - three attempts in two separate
dates then resort to the rule on substituted service.
as provided for in international conventions to which the Philippines is a
party
by publication in a newspaper of general circulation in such places and for
such time as the court may order , ideally in the Philippines first (last known
address), in which case a copy of the summons and order of the court shall
be sent by registered mail to the last known address of the defendant. ** 60
days for the defendant to file his Answer. Proof of service by publication -
Section 22 = TWO AFFIDAVITS

in any other manner the court may deem sufficient.

IMPORTANT CASE:
1. Montefalcon v. Vasquez, G.R. No. 165016, June 17, 2008.
 Vasquez counters that because he was abroad, service of summons should have been
personal or by publication as substituted service is proper only if a defendant is in the
country. Vasquez also added that the sheriff's return did not state that he exerted efforts to
personally serve the summons.
HELD: Because Section 16 of Rule 14 uses the words "may" and "also," it is not mandatory.
Other methods of service of summons allowed under the Rules may also be availed of by the
serving officer on a defendant-seaman.

★ Special Appearance
- Where the summons is improperly served and a lawyer makes a special appearance
on behalf of the defendant to, among others, question the validity of service of
summons, the counsel shall be deputized by the court to serve summons on his or
her client.

★ Voluntary submission to the jurisdiction of the court

- The irregularity in the previous service of summons is waived if the defendant voluntarily
submits himself to the jurisdiction of the court
a. File an Answer and raise as affirmative defense the lack of jurisdiction over
the person of the defendant??
b. Party filed a Motion for extension to file answer and plans to include in his
Answer the lack of jurisdiction over the person of the defendant - The lack of
jurisdiction over the person of the defendant is already waived as the motion
seeks an affirmative relief from the court

★ Service of summons to newly included defendants in the case

- Follow the mode of service to whatever type of defendants they may be

CASE: Republic v. Quiazon - forfeiture proceedings are actions in rem hence service of summons
may be made via publication.

★ Sheriff’s Return
Within five (5) calendar days from service of summons, the server shall file with the court and serve a
copy of the return to the plaintiff's counsel. personally, by registered mail. or by electronic means
authorized by the Rules.

(1) The impossibility of prompt personal service within a period of thirty (30) calendar days from issue
and receipt of summons;

(2) The date and time of the three (3) attempts on at least two (2) different dates to cause personal
service and the details of the inquiries made to locate the defendant residing thereat: and

(3) The name of the person at least eighteen (18) years of age and of sufficient discretion residing
thereat, name of competent person in charge of the defendant”s office or regular place of business, or
name of the officer of the homeowners association or condominium corporation or its chief security
officer in charge of the community or building where the defendant may be found.
Section 23. Voluntary appearance. - The defendant's voluntary appearance in the action shall be
equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from
lack of jurisdiction over the person of the defendant shall be deemed a voluntary appearance. - Set
aside this provisions as lack of jurisdiction over the person of the defendant is now an affirmative
defense.

RULE 15 MOTIONS
Meritorious vs. Non-meritorious motions in criminal cases are the counterpart in litigious and
non-litigious motions. This has a separate rule too.

Motion v. Pleading - An application for relief other than pleading.

A lawyer is not prevented from arguing his Motion.

ORAL MOTIONS
- Motion may be done orally - So instead of Filing for subpoena duces tecum the lawyer may
ask the Court to submit the pertinent documents. Hindi na kailangan in writing because it is
an oral motion but generally a mtoion shall be done in writing.
- The other party should be allowed to raise his comments and or objections in open court,
too.
- The judge is required to resolve it immediately.
- The judge may stay the resolution of the motion and be given the chance to inform itself or
require the parties to submit affidavits, or depositions,etc. The judge may also require
hearing of these affidavits or depositions, etc.

LITIGIOUS V. NON-LITIGIOUS MOTIONS

Before: All motions shall be set for hearing, so there is always a Notice of Hearing - This is no longer
controlling - Day 2, Part 2(f). The court will determine if there will be prejudice to the rights of the
parties.
- This delays the proceedings
- Now: It is the discretion of the court if the case will be set for hearing. This is consistent in
the appellate court procedures, Rule 49 - Only the court can set the case for hearing.

Non- litigious motions = Hindi na pwede magcomment yung kabila. It is upto the court to decide the
motion within 5 calendar days upon receipt.

Litigious motions = There might be prejudice on the right of the parties. The other party will be
given 5 days to comment upon receipt and the court has to resolve the motion within a period of 15
days.
OMNIBUS MOTIONS RULE
Section 9. Omnibus motion. - Subject to the provisions of Section 1 of Rule 9, a motion attacking a
pleading, order, judgment, or proceeding shall include all objections then available, and all objections
not so included shall be deemed waived.
- Grounds not waivable: The four grounds for a Motion to Dismiss

RULE 17 - DISMISSAL OF ACTIONS

★ Dismissal initiated by the Plaintiff - Secs. 1 & 2

Section 1. Dismissal upon notice by plaintiff. - A complaint may be dismissed by the plaintiff by
filing a notice of dismissal at any time before service of the answer or of a motion for summary
judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal. Unless
otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an
adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an
action based on or including the same claim.

- No grounds needed - Dismissal as a matter of right

- File a Notice of Dismissal = This is not a motion; the plaintiff is given the right not to pursue
his case.
- This is not subject to the discretion of the court.
- The dismissal is without prejudice
- No counterclaim yet as no Answer is filed yet

Section 2. Dismissal upon motion of plaintiff. - Except as provided in the preceding Section, a
complaint shall not be dismissed at the plaintiff's instance save upon approval of the court and upon
such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a
defendant prior to the service upon him or her of the plaintiff's motion for dismissal, the dismissal shall
be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to
prosecute his or her counterclaim in a separate action unless within fifteen (15) calendar days from
notice of the motion he or she manifests his or her preference to have his or her counterclaim resolved
in the same action. Unless otherwise specified in the order, a dismissal under this paragraph shall be
without prejudice. A class suit shall not be dismissed or compromised without the approval of the
court.

- An Answer has been filed or that the case is already at the pretrial or trial stage
- The dismissal will be subject to the discretion of the court
- No grounds needed: Nonetheless, the plaintiff has to persuade the court of the dismissal
- Despite the dismissal of the principal complaint, the counterclaim will have to stand based
on its own merits
1. Same action - within fifteen (15) calendar days from notice of the motion he or she
manifests his or her preference to have his or her counterclaim resolved in the same
 action. Mas gugustuhin ito ni defendant because compulsory counterclaims does not
entail payment of filing fees.
2. Separate action - mag-file si defendant ng ibang kaso

Joint Motion to Dismiss - usually with prejudice

- Filed by both parties
- This usually happen when the parties enter into amicable settlement and they do not wish
to inform the court of the terms and conditions of their agreement.
- The parties may declare that the dismissal will be without prejudice such that the case can
no longer be refiled.
- They can also stipulate that it is without prejudice

Compromise judgment
- Initiated by the parties
- The parties wanted to compromise and they will submit the Kasunduan to the court to be
approved by the latter as the decision of the case. The court will adopt the agreement in toto
which is why it is called Compromise judgment.
- The agreement should not be contrary to law, morals, or public policy.
- A Compromise judgment has the effect of res judicata.
- A Compromise judgment is immediately final and executory - immutable and unalterable
except for:
1. Simple errors
2. Nunc pro tunc judgment= does not speak the of the truth
3. Void judgment
4. Supervening events - rendering the execution unjust, impossible and inequitable

Section 3. Dismissal due to fault of plaintiff. - If, for no justifiable cause, the plaintiff fails to appear
on the date of the presentation of his or her evidence in chief on the complaint, or to prosecute his or
her action for an unreasonable length of time, or to comply with these Rules or any order of the court,
the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without
prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a
separate action. This dismissal shall have the effect of an adjudication upon the merits, unless
otherwise declared by the court.
- The reason for the dismissal can be attributed to the plaintiff - fault of the plaintiff
- Is this when the plaintiff is in default??
- Non-compliance of the court order: bill of particulars; service of summons
- Non-compliance of the rules and court order: the deponent refuses to answer; the party
requesting deposition may ask the court to make an order to compel the deponent to
answer; if the deponent still refuses - then the refusal is a clear non-compliance of a court
order.
RULE 18 - PRE- TRIAL
Highlights:
1. No motion needed to set the case for pretrial. It is now the the duty of the Clerk of Court to
set the case for trial
2. If evidence are unavailable - the party / counsel has to make a reservation
3. Waiver of the right to object to the genuineness of a document if the party/counsel failed to
appear.
4. Court Annexed Mediation and Judicial Dispute Resolution - These will be done after the
pretrial proper.
5. Presence of both lawyer and client is required - Absence of the party will extend to the
lawyer and vice versa.
6. The court can now motu proprio make judgment on the pleadings or summary judgments
during thp proceedings