WEEK 9 Rule 13?

When are the pleadings and

papers considered filed?
a. Read Rule 13. Manner of filing. — The filing of pleadings and
other court submissions shall be made by:
b. What is filing? (a) Submitting personally the original thereof,
Filing and Service, defined. — Filing is the act of plainly indicated as such, to the court;
submitting the pleading or other paper to the court. (b) Sending them by registered mail;
(Section 2, Paragraph 1, Rule 13) (c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or
c. What is service? other electronic means as may be authorized
Service is the act of providing a party with a copy of by the Court in places where the court is
the pleading or any other court submission. electronically equipped.
(Section 2, Paragraph 2, Rule 13) In the first case, the clerk of court shall endorse on
the pleading the date and hour of filing. In the
d. If a party is represented by counsel, second and third cases, the date of the mailing of
who should be notified? motions, pleadings, and other court submissions,
If a party has appeared by counsel, service upon and payments or deposits, as shown by the post
such party shall be made upon his or her counsel or office stamp on the envelope or the registry receipt,
one of them, unless service upon the party and the shall be considered as the date of their filing,
party's counsel is ordered by the court. (Section 2, payment, or deposit in court. The envelope shall be
Paragraph 2, Rule 13) attached to the record of the case. In the fourth
- When a party is represented by counsel of case, the date of electronic transmission shall be
record, service of orders and notices must considered as the date of filing. (Section 3, Rule 13)
be made upon said attorney; and notice to
the client and to any other lawyer, not the g. What papers are required to be filed
counsel of record, is not notice in law. and served?
- The exception to this rule is when service Papers required to be filed and served. — Every
upon the party himself has been ordered by judgment, resolution, order, pleading subsequent to
the court, the complaint, written motion, notice, appearance,
demand, offer of judgment or similar papers shall
d.1. Discuss GCP-Manny Transport be filed with the court, and served upon the parties
Services, Inc. v. Hon. Principe, G.R. affected. (Section 4, Rule 13)
No. 141484, 11 Nov. 2005.
d.2. Discuss Waterfront Cebu City h. What are the recognized modes of
Casino Hotel, Inc. v. Ledesma, G.R. service?
No. 197556, 25 Mar. 2015. Modes of Service. —Pleadings, motions, notices,
orders, judgments, and other court submissions
e. If there are multiple counsels shall be served personally or by registered mail,
representing a party, who among the accredited courier, electronic mail, facsimile
counsels must receive a copy of any transmission, other electronic means as may be
pleading or paper to be served? authorized by the Court, or as provided for in
Where several counsels appear for one party, such international conventions to which the Philippines
party shall be entitled to only one copy of any is a party. (Section 5, Rule 13)
pleading or paper to be served upon the lead - Six modes of service of pleadings, motions,
counsel if one is designated, or upon any one of notices, orders, judgments and other court
them if there is no designation of a lead counsel. submissions:
(Section 2, Paragraph 3, Rule 13) (1) Personal service,
(2) Registered mail,
f. What are the manner of filing (3) Accredited courier,
recognized under the Section 3 of (4) Electronic mail,
 (5) Facsimile transmissions, and Substituted service. — If service of pleadings,
(6) All other electronic means motions, notices, resolutions, orders and other
authorized by the Court or provided papers cannot be made under the two preceding
for in international conventions sections, the office and place of residence of the
- Facsimile transmission is allowed only in party or his counsel being unknown, service may be
service, not in filing or submission to the made by delivering the copy to the clerk of court,
court. with proof of failure of both personal service and
- If service cannot be completed under these service by mail. The service is complete at the time
methods, substituted service may be of such delivery. (Section 8, Rule 13)
resorted to. - Substituted service of pleadings and other
papers is done by delivering the copy to the
i. What is personal service? clerk of court, with proof of failure of both
Personal Service. — Court submissions may be personal service and service by mail.
served by personal delivery of a copy to the party or
to the party's counsel, or to their authorized l. Discuss service by electronic means
representative named in the appropriate pleading and service by facsimile.
or motion, or by leaving it in his or her office with Service by electronic means and facsimile. —
his or her clerk, or with a person having charge Service by electronic means and facsimile shall be
thereof. If no person is found in his or her office, or made if the party concerned consents to such
his or her office is not known, or he or she has no modes of service.
office, then by leaving the copy, between the hours Service by electronic means shall be made by
of eight in the morning and six in the evening, at sending an e-mail to the party's or counsel's
the party's or counsel's residence, if known, with a electronic mail address, or through other electronic
person of sufficient age and discretion residing means of transmission as the parties may agree on,
therein. (Section 6, Rule 13) or upon direction of the court.
- Personal service refers to the in-person Service by facsimile shall be made by sending a
delivery of notice to a defendant. facsimile copy to the party's or counsel's given
facsimile number. (Section 9, Rule 13)
j. When is service by mail allowed?
Service by mail. — Service by registered mail shall m. What is presumptive service?
be made by depositing the copy in the post office, in Presumptive service. — There shall be presumptive
a sealed envelope, plainly addressed to the party or notice to a party of a court setting if such notice
to the party's counsel at his or her office, if known, appears on the records to have been mailed at least
otherwise at his or her residence, if known, with twenty (20) calendar days prior to the scheduled
postage fully pre-paid, and with instructions to the date of hearing and if the addressee is from within
postmaster to return the mail to the sender after the judicial region, or at least thirty (30) calendar
ten (10) calendar days if undelivered. If no registry days if the addressee is from outside the judicial
service is available in the locality of either the region. (Section 10, Rule 13)
sender or the addressee, service may be done by -
ordinary mail. (Section 7, Rule 13)
- Service by ordinary mail is allowed only in n. Discuss change of email address and
instances where no registry service exists facsimile number.
either in the locality of the sender or the Change of electronic mail address or facsimile
addressee. This is the only credible number. — A party who changes his or her
justification why resort to service by electronic mail address or facsimile number while
ordinary mail or private courier may be the action is pending must promptly file, within five
allowed. (5) calendar days from such change, a notice of
change of e-mail address or facsimile number with
k. Discuss substituted service under the court and serve the notice on all other parties.
Section 8 of Rule 13.
Service through the electronic mail address or (c) Appendices and exhibits to motions, or
facsimile number of a party shall be presumed valid other documents that are not readily
unless such party notifies the court of any change, amenable to electronic scanning may, at the
as aforementioned. (Section 11, Rule 13) option of the party filing such, be filed and
served conventionally; and
o. What is the prescribed format for the (d) Sealed and confidential documents or
subject of an email or a facsimile? records. (Section 14, Rule 13)
Electronic mail and facsimile subject and title of
pleadings and other documents. — The subject of r. When is service completed?
the electronic mail and facsimile must follow the Completeness of service. — Personal service is
prescribed format: case number, case title and the complete upon actual delivery. Service by ordinary
pleading, order or document title. The title of each mail is complete upon the expiration of ten (10)
electronically-filed or served pleading or other calendar days after mailing, unless the court
document, and each submission served by facsimile otherwise provides. Service by registered mail is
shall contain sufficient information to enable the complete upon actual receipt by the addressee, or
court to ascertain from the title: (a) the party or after five (5) calendar days from the date he or she
parties filing or serving the paper, (b) nature of the received the first notice of the postmaster,
paper, (c) the party or parties against whom relief, whichever date is earlier. Service by accredited
if any, is sought, and (d) the nature of the relief courier is complete upon actual receipt by the
sought. (Section 12, Rule 13) addressee, or after at least two (2) attempts to
deliver by the courier service, or upon the
p. How is service of judgments, final expiration of five (5) calendar days after the first
orders, or resolutions done? attempt to deliver, whichever is earlier.
Service of Judgments, Final Orders or Resolutions. Electronic service is complete at the time of the
— Judgments, final orders, or resolutions shall be electronic transmission of the document, or when
served either personally or by registered mail. Upon available, at the time that the electronic notification
ex parte motion of any party in the case, a copy of of service of the document is sent. Electronic
the judgment, final order, or resolution may be service is not effective or complete if the party
delivered by accredited courier at the expense of serving the document learns that it did not reach
such party. When a party summoned by publication the addressee or person to be served.
has failed to appear in the action, judgments, final Service by facsimile transmission is complete upon
orders or resolutions against him or her shall be receipt by the other party, as indicated in the
served upon him or her also by means of facsimile transmission printout. (Section 15, Rule
publication at the expense of the prevailing party. 13)
(Section 13, Rule 13)
s. Discuss proof of filing.
q. Which orders, pleadings, and Proof of filing. — The filing of a pleading or any
documents must be served or filed other court submission shall be proved by its
conventionally? existence in the record of the case.
Conventional service or filing of orders, pleadings (a) If the pleading or any other court
and other documents. — Notwithstanding the submission is not in the record, but is
foregoing, the following orders, pleadings, and claimed to have been filed personally, the
other documents must be served or filed personally filing shall be proven by the written or
or by registered mail when allowed, and shall not be stamped acknowledgment of its filing by the
served or filed electronically, unless express clerk of court on a copy of the pleading or
permission is granted by the Court: court submission;
(a) Initiatory pleadings and initial responsive (b) If the pleading or any other court
pleadings, such as an answer; submission was filed by registered mail, the
(b) Subpoenae, protection orders, and writs; filing shall be proven by the registry receipt
and by the affidavit of the person who
 mailed it, containing a full statement of the by the sender, or in lieu thereof, the
date and place of deposit of the mail in the unclaimed letter together with the certified
post office in a sealed envelope addressed to or sworn copy of the notice given by the
the court, with postage fully prepaid, and postmaster to the addressee.
with instructions to the postmaster to return (c) Accredited courier service. - Proof shall be
the mail to the sender after ten (10) made by an affidavit of service executed by
calendar days if not delivered. the person who brought the pleading or
(c) If the pleading or any other court paper to the service provider, together with
submission was filed through an accredited the courier's official receipt or document
courier service, the filing shall be proven by tracking number.
an affidavit of service of the person who (d) Electronic mail, facsimile, or other
brought the pleading or other document to authorized electronic means of
the service provider, together with the transmission. - Proof shall be made by an
courier's official receipt and document affidavit of service executed by the person
tracking number. who sent the e-mail, facsimile, or other
(d) If the pleading or any other court electronic transmission, together with a
submission was filed by electronic mail, the printed proof of transmittal. (Section 17,
same shall be proven by an affidavit of Rule 13)
electronic filing of the filing party
accompanied by a paper copy of the u. What is a notice of lis pendens?
pleading or other document transmitted or Notice of lis pendens. — In an action affecting the
a written or stamped acknowledgment of its title or the right of possession of real property, the
filing by the clerk of court. If the paper copy plaintiff and the defendant, when affirmative relief
sent by electronic mail was filed by is claimed in his answer, may record in the office of
registered mail, paragraph (b) of this the registry of deeds of the province in which the
Section applies. property is situated a notice of the pendency of the
(e) If the pleading or any other court action. Said notice shall contain the names of the
submission was filed through other parties and the object of the action or defense, and
authorized electronic means, the same shall a description of the property in that province
be proven by an affidavit of electronic filing affected thereby. (Section 19, Paragraph 1, Rule 13)
of the filing party accompanied by a copy of - A notice of lis pendens is an announcement
the electronic acknowledgment of its filing to the whole world that a particular real
by the court. (Section 16, Rule 13) property is in litigation, serving as a
warning that one who acquires interest over
t. Discuss proof of service. said property does so at his own risk, or that
Proof of service. — Proof of personal service shall he gambles on the result of the litigation
consist of a written admission of the party served, over the said property.
or the official return of the server, or the affidavit of - The filing of a notice of lis pendens charges
the party serving, containing a statement of the all strangers with notice of the particular
date, place, and manner of service. If the service is litigation referred to therein and, therefore,
made by: any right they may thereafter acquire over
(a) Ordinary mail. - Proof shall consist of an the property is subject to the eventuality of
affidavit of the person mailing stating the the suit.
facts showing compliance with Section 7 of - Such announcement is founded upon public
this Rule. policy and necessity, the purpose of which is
(b) Registered mail. - Proof shall be made by to keep the properties in litigation within
the affidavit mentioned above and the the power of the court until the litigation is
registry receipt issued by the mailing terminated and to prevent the defeat of the
office.ℒαwρhi৷ The registry return card judgment or decree by subsequent
shall be filed immediately upon its receipt alienation.
 payment of the requisite legal fees, direct the clerk
v. When is a notice of lis pendens of court to issue the corresponding summons to the
proper? defendants. (Section 1, Rule 14)
Only from the time of filing such notice for record - Clerk of court
shall a purchaser, or encumbrancer of the property
affected thereby, be deemed to have constructive aa. When is it issued?
notice of the pendency of the action, and only of its The court shall, within five (5) calendar days from
pendency against the parties designated by their receipt of the initiatory pleading and proof of
real names. (Section 19, Paragraph 1, Rule 13) payment of the requisite legal fees, direct the clerk
- A notice of lis pendens is appropriate in the of court to issue the corresponding summons to the
following cases: defendants. (Section 1, Rule 14)
(a) An action to recover possession of - Exceptions:
real estate; - Court has no jurisdiction over the
(b) An action to quiet thereto; subject matter;
(c) An action to remove clouds thereon; - Another action pending between the
(d) An action for partition; and same parties between the same
(e) Any other proceedings of any kind in parties for the same cause (litis
Court directly affecting the title to pendentia); or
the land or the use or occupation - Action is barred by a prior judgment
thereof or the buildings thereon. (res judicata) or by statute of
limitations (prescription).
w. When may a notice of lis pendens be
cancelled? bb.What are the contents of a summons?
The notice of lis pendens hereinabove mentioned Contents. — The summons shall be directed to the
may be cancelled only upon order of the court, after defendant, signed by the clerk of court under seal,
proper showing that the notice is for the purpose of and contain:
molesting the adverse party, or that it is not (a) The name of the court and the names of the
necessary to protect the rights of the party who parties to the action;
caused it to be recorded. (Section 19, Paragraph 2, (b) When authorized by the court upon ex parte
Rule 13) motion, an authorization for the plaintiff to
serve summons to the defendant;
x. Read Rule 14. (c) A direction that the defendant answer
within the time fixed by these Rules; and
y. Define summons. What is its (d) A notice that unless the defendant so
purpose? answers, plaintiff will take judgment by
- Summons is a writ by which the defendant default and may be granted the relief
is notified of the action brought against him applied for.
or her. A copy of the complaint and order for appointment
- In a civil action, service of summons is also of guardian ad litem, if any, shall be attached to the
the means by which the court acquires original and each copy of the summons.(Section 2,
jurisdiction over the person of the Rule 14)
defendant. Any judgment without such - The 2019 amendments now allow the
service, in the absence of a valid waiver, is plaintiff, with leave of court, to serve
null and void. summons upon the defendant.

z. Who issues the summons? cc. Who serves the summons?

Clerk to issue summons. — Unless the complaint is By whom served. — The summons may be served
on its face dismissible under Section 1, Rule 9, the by the sheriff, his deputy, or other proper court
court shall, within five (5) calendar days from officer, and in case of failure of service of summons
receipt of the initiatory pleading and proof of
by them, the court may authorize the plaintiff - to provided under Section 6 of this Rule. (Section 4,
serve the summons - together with the sheriff. Rule 14)
In cases where summons is to be served outside the
judicial region of the court where the case is ff. What is an alias summons? When is it
pending, the plaintiff shall be authorized to cause made?
the service of summons. - An alias summons is the name for an
If the plaintiff is a juridical entity, it shall notify the summons when the defendant could not be
court, in writing, and name its authorized served the first time.
representative therein, attaching a board resolution - Upon motion, alias summons may be issued
or secretary's certificate thereto, as the case may be, in case of the loss or destruction of
stating that such representative is duly authorized summons originally issued by the court.
to serve the summons on behalf of the plaintiff.
If the plaintiff misrepresents that the defendant gg. How is service of summons in person
was served summons, and it is later proved that no on defendant done?
summons was served, the case shall be dismissed Service in person on defendant. — Whenever
with prejudice, the proceedings shall be nullified, practicable, the summons shall be served by
and the plaintiff shall be meted appropriate handing a copy thereof to the defendant in person
sanctions. and informing the defendant that he or she is being
If summons is returned without being served on served, or, if he or she refuses to receive and sign
any or all the defendants, the court shall order the for it, by leaving the summons within the view and
plaintiff to cause the service of summons by other in the presence of the defendant. (Section 5, Rule
means available under the Rules. 14)
Failure to comply with the order shall cause the - Service in person of summons means actual
dismissal of the initiatory pleading without delivery or tender of the summons to the
prejudice. (Section 3, Rule 14) defendant personally.

dd. What is the effect of hh. When is substituted service of

misrepresentation to the Court that summons allowed?
plaintiff has served summons upon Substituted service. — If, for justifiable causes, the
defendant? defendant cannot be served personally after at least
- If it is later proved that no summons was, in three (3) attempts on two (2) separate dates
fact, served: (Section 6, Rule 14)
(1) Case shall be dismissed with - It is allowed if for justifiable reasons, the
prejudice, defendant cannot be served in person after
(2) Proceedings shall be nullified, and at least 3 attempts on 2 different dates.
(3) Plaintiff shall be meted appropriate
sanctions. ii. How is substituted service of
summons done?
ee. Until when is the validity of a Service may be effected:
summons? (a) By leaving copies of the summons at the
Validity of summons and issuance of alias defendant's residence to a person at least
summons. — Summons shall remain valid until eighteen (18) years of age and of sufficient
duly served, unless it is recalled by the court. In discretion residing therein;
case of loss or destruction of summons, the court (b) By leaving copies of the summons at the
may, upon motion, issue an alias summons. defendant's office or regular place of
There is failure of service after unsuccessful business with some competent person in
attempts to personally serve the summons on the charge thereof. A competent person
defendant in his address indicated in the complaint. includes, but not limited to, one who
Substituted service should be in the manner customarily receives correspondences for
the defendant;
 (c) By leaving copies of the summons, if refused his or her guardian ad litem whose appointment
entry upon making his or her authority and shall be applied for by the plaintiff. In the case of a
purpose known, with any of the officers of minor, service shall be made on his or her parent or
the homeowners' association or guardian. (Section 10, Rule 14)
condominium corporation, or its chief
security officer in charge of the community mm. How is service upon domestic
or the building where the defendant may be private entities done?
found; and Service upon domestic private juridical entity. —
(d) By sending an electronic mail to the When the defendant is a corporation, partnership
defendant's electronic mail address, if or association organized under the laws of the
allowed by the court. (Section 6, Rule 14) Philippines with a juridical personality, service may
be made on the president, managing partner,
ii.1. Discuss Express Padala (Italia) general manager, corporate secretary, treasurer, or
S.P.A., v. Ocampo, G.R. No. 202505, in-house counsel of the corporation wherever they
06 Sept. 2017. may be found, or in their absence or unavailability,
ii.2. Discuss de Pedro v. Romasan on their secretaries.
Development Corporation, G.R. No. If such service cannot be made upon any of the
194751, 26 Nov. 2014. foregoing persons, it shall be made upon the person
who customarily receives the correspondence for
jj. How is service upon an entity without the defendant at its principal office.
juridical personality done? In case the domestic juridical entity is under
Service upon entity without juridical personality. receivership or liquidation, service of summons
— When persons associated in an entity without shall be made on the receiver or liquidator, as the
juridical personality are sued under the name by case may be.
which they are generally or commonly known, Should there be a refusal on the part of the persons
service may be effected upon all the defendants by above-mentioned to receive summons despite at
serving upon any one of them, or upon the person least three (3) attempts on two (2) separate dates,
in charge of the office or place of business service may be made electronically, if allowed by
maintained in such name. But such service shall not the court, as provided under Section 6 of this rule.
bind individually any person whose connection (Section 12, Rule 14)
with the entity has, upon due notice, been severed
before the action was filed. (Section 7, Rule 14) mm.1. Discuss Green Star Express v.
Nissan-Universal Robina Corp., G.R.
kk.How is service upon prisoners done? No. 181517, 06 July 2015.
Service upon prisoners. — When the defendant is a
prisoner confined in a jail or institution, service nn. What is the duty of counsel of
shall be effected upon him or her by the officer record who makes a special
having the management of such jail or institution appearance for a defendant to
who is deemed as a special sheriff for said purpose. question the validity of the service of
The jail warden shall file a return within five (5) summons?
calendar days from service of summons to the Duty of counsel of record. — Where the summons
defendant. (Section 8, Rule 14) is improperly served and a lawyer makes a special
appearance on behalf of the defendant to, among
ll. How is service upon minors and others, question the validity of service of summons,
incomptents done? the counsel shall be deputized by the court to serve
Service upon minors and incompetents. — When summons on his client. (Section 13, Rule 14)
the defendant is a minor, insane or otherwise an
incompetent person, service of summons shall be oo.How is service upon foreign private
made upon him or her personally and on his or her juridical entities done?
legal guardian if he or she has one, or if none, upon
Service upon foreign private juridical entities. — inquiry, within ninety (90) calendar days from the
When the defendant is a foreign private juridical commencement of the action, service may, by leave
entity which has transacted or is doing business in of court, be effected upon him or her by publication
the Philippines, as defined by law, service may be in a newspaper of general circulation and in such
made on its resident agent designated in places and for such time as the court may order.
accordance with the law for that purpose, or, if Any order granting such leave shall specify a
there be no such agent, on the government official reasonable time, which shall not be less than sixty
designated by law to that effect, or on any of its (60) calendar days after notice, within which the
officers, agents, directors or trustees within the defendant must answer. (Section 16, Rule 14)
Philippines.
If the foreign private juridical entity is not rr. What is extraterritorial service?
registered in the Philippines, or has no resident - Extraterritorial service is the act of
agent but has transacted or is doing business in it, providing a party with a copy of the pleading
as defined by law, such service may, with leave of or any other court submission outside the
court, be effected outside of the Philippines through territorial limits of a jurisdiction.
any of the following means:
(a) By personal service coursed through the ss. When is extraterritorial service
appropriate court in the foreign country allowed? What is the procedure for
with the assistance of the department of extraterritorial service?
foreign affairs; Extraterritorial service. — When the defendant
(b) By publication once in a newspaper of does not reside and is not found in the Philippines,
general circulation in the country where the and the action affects the personal status of the
defendant may be found and by serving a plaintiff or relates to, or the subject of which is,
copy of the summons and the court order by property within the Philippines, in which the
registered mail at the last known address of defendant has or claims a lien or interest, actual or
the defendant; contingent, or in which the relief demanded
(c) By facsimile; consists, wholly or in part, in excluding the
(d) By electronic means with the prescribed defendant from any interest therein, or the property
proof of service; or of the defendant has been attached within the
(e) By such other means as the court, in its Philippines, service may, by leave of court, be
discretion, may direct. (Section 14, Rule 14) effected out of the Philippines by personal service
as under Section 6; or as provided for in
pp. How is service upon public international conventions to which the Philippines
corporations done? is a party; or by publication in a newspaper of
Service upon public corporations. — When the general circulation in such places and for such time
defendant is the Republic of the Philippines, service as the court may order, in which case a copy of the
may be effected on the Solicitor General; in case of summons and order of the court shall be sent by
a province, city or municipality, or like public registered mail to the last known address of the
corporations, service may be effected on its defendant, or in any other manner the court may
executive head, or on such other officer or officers deem sufficient. Any order granting such leave shall
as the law or the court may direct. (Section 15, Rule specify a reasonable time, which shall not be less
14) than sixty (60) calendar days after notice, within
which the defendant must answer. (Section 17, Rule
qq.How is service upon unknown 14)
defendant done?
Service upon defendant whose identity or tt. How is service upon residents
whereabouts are unknown. — In any action where temporarily abroad done?
the defendant is designated as an unknown owner, Residents temporarily out of the Philippines. —
or the like, or whenever his or her whereabouts are When any action is commenced against a defendant
unknown and cannot be ascertained by diligent who ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by leave of Proof of service. — The proof of service of a
court, be also effected out of the Philippines, as summons shall be made in writing by the server
under the preceding Section. (Section 18, Rule 14) and shall set forth the manner, place, and date of
service; shall specify any papers which have been
uu. When is leave of court required? served with the process and the name of the person
Leave of court. — Any application to the court who received the same; and shall be sworn to when
under this Rule for leave to effect service in any made by a person other than a sheriff or his or her
manner for which leave of court is necessary shall deputy.
be made by motion in writing, supported by If summons was served by electronic mail, a
affidavit of the plaintiff or some person on his printout of said e-mail, with a copy of the summons
behalf, setting forth the grounds for the application. as served, and the affidavit of the person mailing,
(Section 19, Rule 14) shall constitute as proof of service. (Section 21, Rule
14)
vv. What is a return and when is it made? - A proof of service is a court paper filed by a
Return. — Within thirty (30) calendar days from process server as evidence that she served
issuance of summons by the clerk of court and the witness or party to the lawsuit with the
receipt thereof, the sheriff or process server, or court papers she was instructed to serve.
person authorized by the court, shall complete its
service. Within five (5) calendar days from service xx. What is the proof of service by
of summons, the server shall file with the court and publication?
serve a copy of the return to the plaintiff's counsel, Proof of service by publication. — If the service has
personally, by registered mail, or by electronic been made by publication, service may be proved by
means authorized by the Rules. the affidavit of the publisher, editor, business or
Should substituted service have been effected, the advertising manager, to which affidavit a copy of
return shall state: the publication shall be attached and by an affidavit
(1) The impossibility of prompt personal showing the deposit of a copy of the summons and
service within a period of thirty (30) order for publication in the post office, postage
calendar days from issue and receipt of prepaid, directed to the defendant by registered
summons; mail to his or her last known address. (Section 22,
(2) The date and time of the three (3) attempts Rule 14)
on at least (2) two separate dates to cause - Service by publication is a substitute
personal service and the details of the delivery of litigation documents to give the
inquiries made to locate the defendant opposing litigant notice of the suit against
residing thereat; and them by publishing the documents in an
(3) The name of the person at least eighteen advertisement or in a newspaper of general
(18) years of age and of sufficient discretion circulation. Service by publication may be
residing thereat; name of competent person used to attempt to notify a defendant who is
in charge of the defendant's office or regular intentionally absent, in hiding, or at an
place of business, or name of the officer of unknown address.
the homeowners' association or
condominium corporation or its chief yy. When is there voluntary appearance?
security officer in charge of the community Voluntary appearance. — The defendant's
or building where the defendant may be voluntary appearance in the action shall be
found. (Section 20, Rule 14) equivalent to service of summons. The inclusion in
- Return of service is a confirmation that a motion to dismiss of other grounds aside from
there was service of process. lack of jurisdiction over the person of the defendant
shall be deemed a voluntary appearance. (Section
ww. What is the proof of service of 23, Rule 14)
summons?
WEEK 10 h) Other similar motions.
These motions shall not be set for hearing and shall
a. Read Rule 15. be resolved by the court within five (5) calendar
days from receipt thereof. (Section 4, Rule 15)
b. What is a motion?
Motion defined. — A motion is an application for f. What is a litigious motion?
relief other than by a pleading. (Section 1, Rule 15) Litigious motions. — (a) Litigious motions include:
1. Motion for bill of particulars;
c. When must a motion be made in 2. Motion to dismiss;
writing? 3. Motion for new trial;
Motions must be in writing. — All motions shall be 4. Motion for reconsideration;
in writing except those made in open court or in the 5. Motion for execution pending appeal;
course of a hearing or trial. 6. Motion to amend after a responsive
A motion made in open court or in the course of a pleading has been filed;
hearing or trial should immediately be resolved in 7. Motion to cancel statutory lien;
open court, after the adverse party is given the 8. Motion for an order to break in or for a writ
opportunity to argue his or her opposition thereto. of demolition;
When a motion is based on facts not appearing on 9. Motion for intervention;
record, the court may hear the matter on affidavits 10. Motion for judgment on the pleadings;
or depositions presented by the respective parties, 11. Motion for summary judgment;
but the court may direct that the matter be heard 12. Demurrer to evidence;
wholly or partly on oral testimony or depositions. 13. Motion to declare defendant in default; and
(Section 2, Rule 15) 14. Other similar motions.
(b) All motions shall be served by personal service,
d. What are the contents of a motion? accredited private courier or registered mail, or
Contents. — A motion shall state the relief sought to electronic means so as to ensure their receipt by the
be obtained and the grounds upon which it is based, other party.
and if required by these Rules or necessary to prove (c) The opposing party shall file his or her
facts alleged therein, shall be accompanied by opposition to a litigious motion within five (5)
supporting affidavits and other papers. (Section 3, calendar days from receipt thereof. No other
Rule 15) submissions shall be considered by the court in the
resolution of the motion.
e. What is a non-litigious motion? The motion shall be resolved by the court within
Non-litigious motions. — Motions which the court fifteen (15) calendar days from its receipt of the
may act upon without prejudicing the rights of opposition thereto, or upon expiration of the period
adverse parties are non-litigious motions. These to file such opposition. (Section 5, Rule 15)
motions include: - A litigious motion is one which the court
a) Motion for the issuance of an alias may not act upon without prejudicing the
summons; rights of the adverse party. Examples of this
b) Motion for extension to file answer; are motions for reconsideration, motions to
c) Motion for postponement; dismiss, motions to declare defendant in
d) Motion for the issuance of a writ of default, motions for execution, motions for
execution; judgment on the pleadings and motions for
e) Motion for the issuance of an alias writ of summary judgment. (G.R. No. 167835 and
execution; G.R. No. 188480)
f) Motion for the issuance of a writ of
possession; g. How is a litigious motion served?
g) Motion for the issuance of an order (b) All motions shall be served by personal service,
directing the sheriff to execute the final accredited private courier or registered mail, or
certificate of sale; and
electronic means so as to ensure their receipt by the hearing of the motion and proof of service
other party. thereof, is nothing but a piece of paper filed
(c) The opposing party shall file his or her with the court. It presents no question
opposition to a litigious motion within five (5) which the court could decide. The court has
calendar days from receipt thereof. No other no right to consider it, and the clerk has no
submissions shall be considered by the court in the right to receive it. It is not, in fact, a motion.
resolution of the motion. (Section 5, Rule 15)
k. When is the motion day?
h. Discuss the process involving Motion day. — Except for motions requiring
resolution of litigious motions. immediate action, where the court decides to
The motion shall be resolved by the court within conduct hearing on a litigious motion, the same
fifteen (15) calendar days from its receipt of the shall be set on a Friday. (Section 8, Rule 15)
opposition thereto, or upon expiration of the period
to file such opposition. (Section 5, Rule 15) l. What is the omnibus-motion rule?
- For litigious motions, the party must file his Omnibus motion. — Subject to the provisions of
or her opposition thereto within 5 calendar Section 1 of Rule 9, a motion attacking a pleading,
days from receipt thereof, otherwise, the order, judgment, or proceeding shall include all
said motions shall be considered submitted objections then available, and all objections not so
for resolution and the court may proceed to included shall be deemed waived. (Section 9, Rule
resolve them within 15 days from expiration 15)
of the period to file the opposition. No other
submission shall be allowed by the court, m. What are the exceptions to the
and it is now discretionary on the court to omnibus-motion rule?
hold a hearing in the resolution of the said - The exceptions to the omnibus motion rule
motions. are found in Section 1 of Rule 9.
- The omnibus motion rule embodied in
i. Should litigious motions be scheduled Section 9, Rule 15, in relation to Section 1,
for hearing? Rule 9, demands that all available
Notice of hearing on litigious motions; objections be included in a party’s motion,
discretionary. — The court may, in the exercise of otherwise, said objections shall be deemed
its discretion, and if deemed necessary for its waived; and, the only grounds the court
resolution, call a hearing on the motion. The notice could take cognizance of, even if not pleaded
of hearing shall be addressed to all parties in said motion are:
concerned, and shall specify the time and date of (a) Lack of jurisdiction over the subject
the hearing. (Section 6, Rule 15) matter;
- The hearing of litigious motion is (b) Existence of another action pending
discretionary on the court and may only be between the same parties for the
called when deemed necessary. same cause; and
- The notice of hearing and the 3-day notice (c) Bar by prior judgment or by statute
are no longer mandatory requirements. of limitations.

j. What is the effect of the absence of n. What is the rule when asking a court
proof of service of a litigious motion? permission to file a pleading?
Proof of service necessary. — No written motion Form. - The Rules applicable to pleadings shall
shall be acted upon by the court without proof of apply to written motions so far as concerns caption,
service thereof, pursuant to Section 5(b) hereof. designation, signature, and other matters of form.
(Section 7, Rule 15) (Section 11, Rule 15)
- A motion that does not comply with the
requirements of the Rules of Court o. What are the prohibited motions?
regarding notice of time and place of Discuss each.
Prohibited motions. — The following motions shall
not be allowed: q. What are the incidents considered
(a) Motion to dismiss except on the following dismissed with prejudice under
grounds: Section 13 of Rule 15?
1) That the court has no jurisdiction over the - The following orders of dismissal are with
subject matter of the claim; prejudice and shall bar the refilling of the
2) That there is another action pending same action or claim:
between the same parties for the same (1) Granting a motion to dismiss; and
cause; and (2) Granting an affirmative defense
3) That the cause of action is barred by a prior (a) That the cause of action is barred by
judgment or by the statute of limitations; a prior judgment, or by the statute of
(b) Motion to hear affirmative defenses; limitations; or
(c) Motion for reconsideration of the court's action (b) That the claim or demand set forth
on the affirmative defenses; in the plaintiff’s pleading has been
(d) Motion to suspend proceedings without a paid, waived, abandoned or
temporary restraining order or injunction issued by otherwise extinguished; or
a higher court; (c) That the claim on which the action is
(e) Motion for extension of time to file pleadings, founded is unenforceable under the
affidavits or any other papers, except a motion for provisions of the statute of frauds.
extension to file an answer as provided by Section - The party against whom the order is issued
11, Rule 11; and may, however, appeal the order of dismissal.
(f) Motion for postponement intended for delay,
except if it is based on acts of God, force majeure or
physical inability of the witness to appear and
testify. If the motion is granted based on such
exceptions, the moving party shall be warned that
the presentation of its evidence must still be
terminated on the dates previously agreed upon.
A motion for postponement, whether written or
oral, shall, at all times, be accompanied by the
original official receipt from the office of the clerk
of court evidencing payment of the postponement
fee under Section 21(b), Rule 141, to be submitted
either at the time of the filing of said motion or not
later than the next hearing date. The clerk of court
shall not accept the motion unless accompanied by
the original receipt. (Section 12, Rule 15)

p. What is dismissal with prejudice?

Dismissal with prejudice. — Subject to the right of
appeal, an order granting a motion to dismiss or an
affirmative defense that the cause of action is
barred by a prior judgment or by the statute of
limitations; that the claim or demand set forth in
the plaintiffs pleading has been paid, waived,
abandoned or otherwise extinguished; or that the
claim on which the action is founded is
unenforceable under the provisions of the statute of
frauds, shall bar the refiling of the same action or
claim. (Section 13, Rule 15)