Roc Rule 13.docx

FILING – an act of presenting pleadings and other papers to the clerk of court (CoC) [Sec 2, Rule 13] Manner of Personal Registered Mail Filing [Sec. 3, Rule 13] How done Personally to the clerk of court Through registered mail which is Philippine Government PostOffice When is date the clerk of court shall endorse on the pleading as shown by of filing the date and hour of filing the post office stamp on the envelop e or the registry receipt , shall be considered a s the date of their filing, payment , or deposit in court Proof of 1) by its existence in the record of the case. 1. by the registry receipt and by Filing [Sec 2) If it is not in the record, but is claimed to have been the affidavit of the person who 12] filed personally, the filing shall be proved by the did the mailing: written or stamped acknowledgment of its filing by the containing a full statement of clerk of court on a copy of the same the date and place of depositing the mail in the post office - in a sealed envelope addressed to the court, with postage fully prepaid, and - With instructions to the postmaster to return the mail to the sender after ten (10) days if not delivered.

SERVICE BY PLEADINGS MOTIONS NOTICES ORDERS AND OTHER PAPERS Modes of Personal [sec 6] Mail [sec 7] service of Note: [sec 5] 1) Actual service - the completeness of which is determined upon receipt by the addressee of the registered mail;

How Done

1. Delivering personally a copy to the party or his counsel 2. by leaving it in his office with his clerk or with a person having charge thereof.

(2) Constructive service - the completeness of which is determined upon the expiration of 5 days from the date of first notice of the postmaster without the addressee having claimed the registered mail.” 1. by de positing the cop y in the post office: - in a sealed envelope - plainly addressed to the party or his counsel at his

Substituted service [sec 8]

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

3. no person is found in his office, or his office is not known , or he has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party' s or counsel' s residence

When deemed completed [sec 10]

Proof of Service [Sec 13]

1. Upon actual delivery - Handing a copy to the defendant - Tendering a copy if he refuses

a) Through the written admission of the party served as admitted that he had been furnished with a copy. b) The other alternative is that you file the affidavit of your employee, or messenger, that he served the copy in the office of so and so. (Containing full statement of facts). c) Or, the official return of the server for judgments, orders, etc., from the court. SERVICE OF FINAL JUDGEMENT [sec 9] Personal

office, if known otherwise at his residence , if known - with postage fully prepaid, and - with instructions to the postmaster to return the mail to the sender after ten (10) day s if undelivered 2. If no registry service is available in the locality of either the send r or the addressee, service may be done by ordinary mail. 2. by ordinary mail is complete upon the expiration of ten (10) days after mailing, unless the court otherwise provides. 3. by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster

Affects only pleading and is different to substituted service in summons

- If it is ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with Section 7. - service is made by registered mail, proof shall consist of: a) the affidavit of the mailer and b) the registry receipt issued by the mailing office

Registered mail

Publication if a party is summoned by publication and has failed to appear in the action.