Jordan Myc V.

Villamor Civil Procedure University of Santo Tomas

2AA Take Home Quiz November 18, 2023

1. State the period of the filing of the following pleadings:

a. Answer to the complaint;
The period for filing an answer to a complaint is within ten days (calendar) from the service
of summons unless the court fixes a different period.
b. Answer of a defendant foreign private juridical entity;
The period for filing an answer of a defendant foreign private juridical entity is within sixty
days (calendar) from the receipt of the summons.
c. Answer to an amended complaint;
The period for filing an answer to an amended complaint is within thirty days (calendar)
from the service of a copy of the amended complaint. [As a matter of right].
The period for filing an answer to an amended complaint is within fifteen days (calendar)
from the service of a copy of the amended complaint. [Not as a matter of right].
d. Answer to counterclaim or cross-claim;
The period for filing an answer to a counterclaim or cross-claim is within 20 days
(calendar) from the service of said answer.
e. Answer to third (fourth, etc.) party complaint
The period for filing an answer to a third (fourth, etc.) party complaint is within ten days
(calendar) from the service of summons unless the court fixes a different period.
f. Reply;
The period for filing a reply to a pleading is 15 days (calendar) from the service of the
pleading.
g. Answer to Supplemental Complaint;
The period for filing an answer to a supplemental complaint is within 20 days (calendar)
from the notice of the order admitting it unless the court fixes a different period.
2. Explain the rules on after-accrued counterclaim or cross-claim.
A counterclaim or cross-claim arising after the filing of the answer appears when these
either mature or are acquired by a party after serving his or her pleading. It can be set up
by a supplemental pleading with the court's permission and must be filed before judgment.
[Sec. 9, Rule 11, Rules of Court]
3. What is the effect of an omitted counterclaim or cross-claim?
A compulsory counterclaim or a cross-claim that is not set up shall be barred as a general
rule. [Sec. 2, Rule 9, Rules of Court]
An exception to this is in an omitted counterclaim or cross-claim when a pleader fails to
set up either one due to oversight, inadvertence, or excusable neglect: if required by
justice and with leave from the court, the pleader may set up the counterclaim or cross-
claim by amendment before judgment. [Sec. 10, Rule 11, Rules of Court]
4. Is an extension to file an Answer allowed? Explain.
Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 18, 2023

An extension to file an answer is allowed. For meritorious reasons, a defendant may be

granted an additional period of not more than thirty days (calendar) to file. A defendant is
only allowed to file this motion for an extension once. A motion for extension to file any
pleading other than an answer is prohibited; however, the court may allow any other
pleading to be filed after the time fixed by these Rules. [Sec. 11, Rule 11, Rules of Court]
5. What is the purpose of a Motion for Bill of Particulars? How will the Court act on
a motion for a Bill of Particulars?
A motion for a bill of particulars is a motion to aid the preparation of a responsive pleading.
It is a more definite statement consisting of amplification of a more particularized outline
of a pleading, in the nature of a more specific allegation of the facts. With this, the party
who moved for the motion can prepare his or her responsive pleading. [Sec. 1, Rule 12,
Rules of Court]
6. Explain the effects of an order granting or denying a motion for a Bill of Particulars.
If the motion is granted, in whole or in part, the compliance must be effected within ten
days from notice of the order or the period fixed by the court. A bill of particulars, thus,
becomes part of the pleading for which it was intended. [Sec. 6, Rule 12, Rules of Court]
If the order is not obeyed or in case of insufficient compliance, the court may order the
striking out of the pleading or the portions thereof to which the order was directed or make
such other order as it deems just. [Sec. 4, Rule 12, Rules of Court]
7. Distinguish filing and service of pleadings, motions, and other Court submissions.
Explain.
Filing refers to submitting the pleading or other papers to the court. [Sec. 2, Rule 13,
Rules of Court]
Service refers to 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 the court orders service upon the party and
the party’s counsel. [Sec. 2, Rule 13, Rules of Court]
8. Explain the manner of filing of pleadings and other Court submissions.
The filing of pleadings and other court submissions shall be made by: 1) personally
submitting the original indicated as such to the court, where the clerk shall endorse the
date and hour of filing on the pleading (the date of receipt of the court); 2) sending
pleadings and other court submissions by registered mail; 3) sending these by accredited
courier—in both the second and third cases, the date of mailing as shown by the post
office stamp on the envelope/registry receipt shall be considered as the date of their filing
in court. In cases of using a courier unaccredited by the court, the date is the date of
receipt by the court; and finally, 4) transmission by electronic mail or other electronic
means as may be authorized by the Court in places where the court is electronically
equipped and the date of electronic communication shall be considered the date of filing.
[Sec. 3, Rule 13, Rules of Court]
Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 18, 2023

9. Explain the modes of service of pleadings, motions, notices, orders, judgments,

and other Court submissions:
a. Personal Service;
The personal delivery of Court submissions. It may be done by the party, the party’s
counsel, or an authorized representative named in the appropriate pleading or motion.
These are submitted in the counsel’s office with his or her clerk or with a person charged
with the responsibility. If no person is found in his or her office, or the office is unknown
or non-existent, the copy may be left between 8 AM and 6 PM at the party/counsel’s
residence. Otherwise, it is left to a resident person of sufficient age and discretion. [Sec.
6, Rule 13, Rules of Court]
b. Service by Mail;
If by Registered Mail, depositing the copy in the post office must be done in a sealed
envelope, plainly addressed to the party or counsel at his or her office. If the address is
unknown, it must be done with postage fully prepaid and instructions to the postmaster to
return the mail to the sender after ten days (calendar) if undelivered.
If by Ordinary Mail, if there is no registry service available in the locality of either the
sender or the addressee, service, and filing by mail may be done only when personal
service and filing is not practicable. [Sec. 7, Rule 13, Rules of Court]
c. Substituted Service;
If the service of pleadings, motions, notices, resolutions, orders, and other papers cannot
be made through personal service or by mail, and the office and place of residence of the
party or his or her counsel is 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 [Sec.
8, Rule 13, ROC, as amended]
d. Service by Electronic Means or Facsimile;
Service by electronic means and facsimile shall be made if the parties concerned consent
to such modes of service. Electronic Means refers to service by emailing the party or
counsel’s electronic mail address or other electronic means of transmission that the
parties may agree on or upon the court’s order. Meanwhile, service by Facsimile refers
to those made by sending a fax copy to the party’s or counsel’s given facsimile number.
[Sec. 9, Rule 13, Rules of Court]
10. Explain the rules on presumptive notice to a party in a court setting.
The notice to a party in a court setting is presumed when it appears on the records that
the notice has been mailed: 1) if the addressee is within the same judicial region of the
court where the case is pending, it is at least 20 days (calendar) before the scheduled
date of the hearing; 2) if the addressee is from outside the judicial region, it is at least 30
days (calendar) before the scheduled date of the hearing. [Sec. 10, Rule 13, Rules of
Court, Rules of Court]
If the number of days is satisfied, then a party will be deemed to have received the notice
of hearing, and his or her failure to appear may cause the court to issue a show cause
Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 18, 2023

order. Since there is a presumption, the party alleging that no notice was served must
prove by clear and convincing evidence.
11. Explain the rules on service of judgments, final orders, or resolutions.
Judgments, final orders, or resolutions shall be served by personal service, registered
mail, or accredited courier upon ex parte motion of any part and at his or her expense, or
publication at the cost of the prevailing party if a party summoned by publication has failed
to appear in the action. [Sec. 13, Rule 13, Rules of Court] These cannot be served
electronically or facsimile.
12. Explain the rules on conventional service or filing orders, pleadings, and other
documents.
These must be filed or served personally or by registered mail, but not electronically: 1)
Initiatory pleadings and initial responsive pleadings (i.e., 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. [Sec. 14, Rule 13, Rules of Court]
The Court may allow the filing/service via other means upon their express permission.
13. When is the service of pleadings and other court documents deemed complete?
What are the proofs of service?
Personal service is deemed complete upon actual delivery.
Unless the court provides otherwise, service by ordinary mail is deemed complete ten
days (calendar) after mailing.
Service by registered mail is deemed complete upon actual receipt by the addressee or
after five days (calendar) from the date of the receipt of the first notice of the postmaster,
whichever date is earlier.
Service by accredited courier is deemed complete upon actual receipt by the addressee,
after at least two attempts to deliver by the courier service, or upon the expiration of five
days (calendar) after the first attempt to deliver, whichever is earlier.
Electronic Service is deemed complete at the time of the electronic transmission of the
document or when available when the electronic notification of service of the document
is sent. It is not in effect if the party serving the document learns that it did not reach the
addressee or person to be served.
A facsimile is deemed complete upon receipt by the other party, as indicated in the
printout.
Substituted service is deemed complete at the time of such delivery.
Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 18, 2023

14. What are the proofs of filing?

As a general rule, filing a pleading or any other court submission shall be proved by its
existence in the case record. An exception is if the pleading or any other court document
is not in the record but is claimed to have been filed by the modes of filing.
If personally filed, the proof of filing is the written or stamped acknowledgment of its filing
by the court clerk on a copy of the pleading or court submission.
If filed by registered mail, it is proven by the registry receipt and the affidavit of the person
who did the mailing with 1) a complete statement of the date and place of deposit of the
mail in the post office in a sealed envelope addressed to the court, 2) with the postage
fully paid, and 3) the instructions to the postmaster to return the mail to the sender if it is
undelivered after ten days (calendar).
If filed by an accredited Courier Service, the proof is 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.
If filed by Electronic Mail, it is 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 filed by Other Authorized Electronic Means, the proof is an affidavit of electronic filing
of the filing party accompanied by a copy of the court's electronic acknowledgment of its
filing.
15. What is Notice of Lis Pendens? Explain the rules on Notice of Lis Pendens.
The Notice of Lis Pendens is applicable in an action affecting the title or the right of
possession of real property. Here, 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 where the property is situated a notice of the pendency of the action. [Sec. 19,
Rule 13, Rules of Court]
16. When may the Court issue a summons? Explain the rules on summons in relation
to actions in personam, in rem, or quasi in rem.
A summons is the writ by which the defendant is notified of the action brought against him
or her. These are issued within five days (calendar) from receipt of the initiatory pleading
and two days (calendar) upon proof of payment of the requisite legal fees. The new Rules
now require evidence of such payment to be submitted with the initiatory pleading.
Summons shall not be issued, and the case shall be dismissed if the complaint is
dismissible. [Sec. 1, Rule 9, Rules of Court]
On the one hand, the service of summons in actions in personam confers jurisdiction over
the defendant's person in a civil case. On the other hand, in a proceeding in rem or quasi
in rem, jurisdiction over the defendant's person is not a prerequisite to confer jurisdiction
on the court, provided that the latter has jurisdiction over the res.
Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 18, 2023

17. Who may serve summons? Explain the modes of service of summons. What are
the proofs of service of summons?
- Who may Serve Summons:
a. Sheriff
b. Sheriff’s deputy
c. Other proper court officers
d. Plaintiff together with the sheriff [Sec. 3, Rule 14, Rules of Court]
e. Jail Warden acting as a Special Sheriff [Sec. 8, Rule 14, Rules of Court]
f. Counsel of the defendant when deputized by the court [Sec. 13, Rule 14,
Rules of Court]
- Modes of Service of Summons:
a. Personally,
b. By registered mail,
c. By accredited courier,
d. By electronic mail, facsimile transmission, or other electronic means as may
be authorized by the Court,
e. By service as provided for in international conventions to which the
Philippines is a party,
f. Substituted service [Sec. 5, Rule 13, Rules of Court]
- Proofs of Service of Summons:
o Proof of service made in writing by the server, set forth the manner, place,
and date of service and sworn to when made by a person other than the
sheriff or his or her deputy. [Sec. 21, Rule 14, Rules of Court]
a. Personal Service
 Written admission of the party served, the official return of the server,
or the affidavit of the party serving, containing a statement of the
date, place, and manner of service. [Sec. 17, Rule 13, Rules of Court]
b. Service by Registered Mail
 Affidavit of the person mailing stating the facts.
 The receipt issued by the mailing office [Sec. 17 (b), Rule 13, Rules
of Court]
c. Service by Ordinary Mail
 Affidavit of the person mailing stating the facts. [Sec. 17 (a), Rule 13,
Rules of Court].
d. Service by Accredited Courier
 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. [Sec. 17 (c), Rule 13, Rules of
Court]
e. Service by Electronic Mail or other electronic means
 Affidavit of service executed by the person who sent the e-mail or
other electronic transmission, together with a printed proof of
transmittal. [Sec. 17 (d), Rule 13]
Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 18, 2023

f. Service by Facsimile
 Affidavit of service executed by the person who sent the facsimile
transmission and a printed transmittal proof. (Sec. 17 (d), Rule 13,
Rules of Court]
18. When is there a voluntary appearance? Explain the rules on constructive service
of summons.
There is voluntary appearance when the defendant gives the court jurisdiction over his
person despite a lack of service of summons or defective service of summons, as
voluntary appearance shall be equivalent to service of summons.
a. Defendant whose identity or whereabouts are unknown;
With leave of court, the order shall specify a reasonable time, not less than sixty days
(calendar), within which the defendant must answer. This will be in effect within ninety
days (calendar) from the commencement of the action. Means by a newspaper of general
circulation and in such places and for such time as the court may order is also a
constructive service of summons. [Sec. 16, Rule 14, Rules of Court]
b. Residents temporarily outside of the Philippines.
By leave of court, service may also be effected out of the Philippines as by the means
provided under extraterritorial service. [Sec. 18, Rule 14, Rules of Court]
19. When is extraterritorial service of summons allowed? Explain.
Extraterritorial service of summons is allowed in actions in rem or quasi in rem when the
defendant does not reside and is not found in the Philippines. It is also permitted in any
actions when the defendant is a person who ordinarily lives within the Philippines but is
temporarily outside it. [Sec. 18, Rule 14, Rules of Court].
Along with other manners deemed sufficient by the court [Sec. 17, Rule 14, Rules of
Court], when the defendant is a foreign juridical entity not registered in the Philippines or
has no resident agent but has transacted or is doing business in it, extraterritorial service
of summons is likewise permitted. [Sec. 14, (2), Rule 14, Rules of Court]
20. Explain the rules on service of summons to the following:
a. Prisoners
Service shall be effected upon him by the officer managing such jail or institution. The
officer is deemed a special sheriff and shall file a return within five days (calendar) from
service of summons. [Sec. 8, Rule 14, Rules of Court]
b. Minors, Insane, and Incompetent
Service of summons shall be made upon him or her personally and a legal guardian or a
guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a
minor, on his or her parent or guardian. [Sec. 10, Rule 14, Rules of Court]
Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 18, 2023

c. Domestic or Foreign Private Juridical Entity

Service is effected upon the President, the Managing Partner, the General Manager, the
Corporate Secretary, the Treasurer, or the In-house Counsel (from the highest to the
other authorized officers). Their secretaries will be effected in the presence of the said
officers.
d. Public Corporations
If the entity is the defendant, summons effected upon public corporations—
o The Republic of the Philippines
o Province, City, Municipality, or public corporations of the like
—Served upon:
o Solicitor General
o Executive head/other officers as the law or the court may direct
21. State the contents of a RETURN for service of summons.
Within five days (calendar) from service of summons, the server shall file with the court a
copy of the return, and serve a copy of the return to the plaintiff’s counsel personally, by
registered mail, or by electronic means authorized by the rules. [Sec. 20, Rule 14, Rules
of Court]
Should substituted service have been effected, the return shall state the—
1) The impossibility of prompt personal service within 30 calendar days from issue
and receipt of summons
2) The date and time of the three attempts on at least two different dates to cause
personal service and the details of the inquiries made to locate the defendant
3) Information on the person to whom the summons was served
a. The name of the person at least 18 years of age and of sufficient discretion
residing thereat,
b. The name of the competent person in charge of the defendant’s office or
regular place of business
c. The name of the homeowners’ association or condominium corporation
officer or its chief security officer in charge of the community or building
where the defendant may be found [Sec. 20, Rule 14, Rules of Court]