Rules of Court: Rule 13 (Filing and Service) and Rule 14 (Summons)

Vocabulary practice flashcards covering filing, service of pleadings, and summons under Rules 13 and 14 of the Philippine Rules of Court.

Filing

The act of submitting the pleading or other paper to the court (Section 2, Paragraph 1, Rule 13).

Service

The act of providing a party with a copy of the pleading or any other court submission (Section 2, Paragraph 2, Rule 13).

Notice to Counsel of Record

The rule providing that when a party is represented by counsel of record, service of orders and notices must be made upon said attorney; notice to the client or to any lawyer not of record is not notice in law, unless service upon the party is ordered by the court (Section 2, Paragraph 2, Rule 13).

Rule on Multiple Counsels

The rule providing that where several counsels appear for one party, such party is entitled to only one copy of any pleading or paper, served upon the lead counsel if designated, or upon any one of them if no lead counsel is designated (Section 2, Paragraph 3, Rule 13).

Modes of Filing

The recognized manners of filing pleadings and court submissions under Section 3 of Rule 13: (a) submitting personally the original thereof plainly indicated as such to the court; (b) sending them by registered mail; (c) sending them by accredited courier; or (d) transmitting them by electronic mail or other authorized electronic means where the court is electronically equipped.

Date of Filing

The date and hour of filing endorsed by the clerk of court for personal filing; the date of mailing shown by the post office stamp or registry receipt for registered mail and accredited courier; or the date of transmission for electronic filings (Section 3, Rule 13).

Papers Required to be Filed and Served

Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment, or similar papers affected thereby (Section 4, Rule 13).

Modes of Service (Rule 13)

The six recognized methods for serving court submissions under Section 5, Rule 13: personal service, registered mail, accredited courier, electronic mail, facsimile transmission, and other electronic means authorized by the Court or international conventions.

Facsimile Transmission (Rule 13 Restriction)

A transmission mode allowed only in the service of pleadings and other submissions, and not permitted in filing or submission to the court.

Personal Service (Rule 13)

Service made by personal delivery of a copy to the party or counsel/authorized representative, by leaving it in their office with a clerk or person in charge, or by leaving it between 8:00 AM and 6:00 PM at their residence with a person of sufficient age and discretion residing therein (Section 6, Rule 13).

Service by Ordinary Mail

Service allowed only in instances where no registry service exists in the locality of either the sender or the addressee (Section 7, Rule 13).

Substituted Service of Pleadings (Rule 13)

Service effected by delivering a copy of the pleading or paper to the clerk of court, with proof of failure of both personal service and service by mail, when the office and place of residence of the party or counsel are unknown (Section 8, Rule 13).

Presumptive Service

Presumptive notice to a party of a court setting when the notice appears on the records to have been mailed at least 20 calendar days prior to the hearing if within the judicial region, or at least 30 calendar days if outside the judicial region (Section 10, Rule 13).

Notice of Change of Electronic Mail Address or Facsimile Number

A formal notice that a party must promptly file with the court and serve on all parties within 5 calendar days of changing their electronic mail address or facsimile number while the action is pending (Section 11, Rule 13).

Conventional Service or Filing

The requirement that initiatory and initial responsive pleadings (e.g., an answer), subpoenae, protection orders, writs, non-scannable appendices/exhibits, and sealed/confidential records be filed and served personally or by registered mail rather than electronically, unless express permission is granted by the court (Section 14, Rule 13).

Completeness of Service

The standard determining when service is legally effected: personal service upon actual delivery; ordinary mail upon expiration of 10 calendar days after mailing; registered mail upon actual receipt or 5 calendar days from postmaster's first notice; accredited courier upon actual receipt, 2 attempts, or 5 calendar days from the first attempt; electronic service upon transmission; and facsimile upon receipt shown on printout (Section 15, Rule 13).

Proof of Service (Rule 13)

Proof consisting of a written admission, server's official return, or affidavit of service for personal delivery; sender's affidavit and registry receipt/return card for registered mail; affidavit of service with official receipt and tracking number for courier; and affidavit with printed transmittal proof for electronic mail/fax (Section 17, Rule 13).

Notice of Lis Pendens

An announcement recorded in the office of the registry of deeds in an action affecting the title or possession of real property, warning the whole world that the property is in litigation and keeping it within the power of the court (Section 19, Rule 13).

Cancellation of Notice of Lis Pendens

The cancellation of a recorded notice of pendency by court order 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 (Section 19, Paragraph 2, Rule 13).

Summons

A writ by which the defendant is notified of the action brought against him or her, serving as the means by which the court acquires jurisdiction over the person of the defendant in a civil action (Rule 14).

Issuance of Summons

The order directed to the clerk of court within 5 calendar days from receipt of the initiatory pleading and proof of payment of legal fees to issue summons, unless the complaint is dismissible on its face under Section 1, Rule 9 (Section 1, Rule 14).

Misrepresentation of Service of Summons

A false representation to the court by the plaintiff that summons was served, resulting in dismissal of the case with prejudice, nullification of proceedings, and imposition of appropriate sanctions on the plaintiff (Section 3, Rule 14).

Alias Summons

A summons issued upon motion in case of the loss or destruction of the summons originally issued by the court, or when the defendant could not be served the first time (Section 4, Rule 14).

Service in Person on Defendant

The preferred mode of service effected by handing a copy of the summons to the defendant in person and informing them of service, or by leaving it within their view and presence if they refuse to receive and sign for it (Section 5, Rule 14).

Substituted Service of Summons (Rule 14)

Service allowed for justifiable causes after personal service fails despite at least 3 attempts on 2 separate dates, effected by leaving copies at defendant's residence with a person at least 18 years of age and of sufficient discretion, at their office/business with a competent person in charge, or with officers/security of a condo/HOA if refused entry (Section 6, Rule 14).

Service Upon Entity Without Juridical Personality

Service effected upon all defendants sued under a common name by serving any one of them, or by serving the person in charge of the office or place of business maintained in such name (Section 7, Rule 14).

Service Upon Prisoners

Service effected by the officer managing the jail or institution, who is deemed a special sheriff for said purpose and must file a return within 5 calendar days from service (Section 8, Rule 14).

Service Upon Minors and Incompetents

Service made upon the minor or incompetent person personally and on their legal guardian or court-appointed guardian ad litem; for minors, service is made on their parent or guardian (Section 10, Rule 14).

Service Upon Domestic Private Juridical Entity

Service made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel wherever found, or on their secretaries; or upon the person who customarily receives correspondence at its principal office (Section 12, Rule 14).

Duty of Counsel of Record on Special Appearance

The statutory duty whereby a lawyer who enters a special appearance on behalf of a defendant to question the validity of service of summons is deputized by the court to serve summons on his client (Section 13, Rule 14).

Service Upon Public Corporations

Service effected upon the Solicitor General when the defendant is the Republic of the Philippines, or upon the executive head or designated officers in the case of a province, city, municipality, or like public corporations (Section 15, Rule 14).

Extraterritorial Service

The act of providing a party with a copy of the pleading or court submission outside the territorial limits of a jurisdiction by leave of court when the non-resident defendant cannot be found in the Philippines and the action affects status, property with liens/interests, or attached property (Sections 16 and 17, Rule 14).

Return of Summons

A written report completed within 30 calendar days from issuance and filed within 5 calendar days from service, served on plaintiff's counsel, confirming service or detailing the attempts, inquiries, and recipient details required for substituted service (Section 20, Rule 14).

Voluntary Appearance

An appearance in an action that is equivalent to service of summons, including the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant (Section 23, Rule 14).