Rule 13. Filing and Service of Pleadings, Judgments and Other Papers

Filing = is the act of presenting the pleading or other paper to the clerk of court

Service = The act of providing a party with a copy of the pleading or paper concerned.

If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them unless service upon the party himself is ordered by the court.

Where one counsel appears for several parties he shall only be entitled to one copy of any paper served upon him by the opposite side

Notes

Lawyer must make formal appearance

- Ratio: Judicial administration cannot afford to suffer uncertainty because of the uncertainty concerning the lawyer upon whom service is to be made. Right of Lawyer to Formal Notice

General rule: Where a party appears by attorney in an action or proceeding in court, all notices required to be given therein must be given to the attorney of record and service of the courts order upon any other person than the counsel of record is not legally effective and binding upon the party nor it may start the corresponding reglementary period for the subsequent procedural steps. General rule: Service to a party is only allowed if the party is if the party is not represented by a counsel, UNLESS service upon the party himself is ordered by the court.

PHHC VS Tiongco The principle of notice to lawyer is notice to client was not applied.

The client shall not be bound by the negligence of the counsel, if the latter is so irresponsible that he totally forgot about the case.

The lawyer has a right to be notified of a Court Order unless it is issued in open court in his presence

The date of receipt is the starting point from which the period of appeal prescribed by law to begins.

Labor CASES

Orders and decisions are to be separately furnished to the counsels of record and the parties. = The principle of notice to counsel is not deemed notice to counsel. Purpose of requiring a formal service to the lawyer is to maintain a uniform procedure, calculated to place in competent hands orderly prosecution of a party ceases. Formal Notice Held Unnecessary where there is ACTUAL NOTICE. (Not applicable when)1. Where a motion for reconsideration of decision was filed.2. Where the adverse party has acted pursuant to the decision admitting the will to probate by filing a project of partition indicating actual notice of the decision. Where there is Substantial Compliance- Actual Presence of the offended party and signing of the judgment by the private prosecutor was considered as an actual noticea) When petitioner acquired knowledge of the writ of execution containing a literal copy of the judgment.b) Copy of the decision obtained by counsel from PSC Secretary is substantial compliance with requirement of notice of judgmentc) Petitioners comment of the motion for reconsideration shows that he has received a copy of the judgment by default. Service on Lawyer at the Given Address Notice should be made upon the counsel at record at his exact address to which notice of all kinds emanating from the court should be sent in the absence of a proper and adequate notice to the court of a change of address.

Duty to Counsel ; Effect of Negligience Use of Different Address is Not a Notice of Change Address There must be a formal change of address. How? The counsel must file a notice of change of address. Need for Legal Formalities for Substitution of Counsel A lawyers withdrawal as counsel must be made in a formal petition filed in the case without which notice of judgment rendered in the case served on the counsel of record is for all legal purposes.

No Substitution of attorney will be allowed UNLESS the following requisites:

1. Written application for substitution 2. Written consent of client to substitution3. Written consent of attorney to be substituted, if such consent can be obtained or not 4. There must be filed with application for substitution proof of service of such motion in the manner required by the rules of attorney to be substituted ( RULE IS ALSO APPLICABLE IN LABOR CASES)

Sec 26 of Rule 138 of the Rules of Court - requires that the written consent of the client should be filed in court and the adverse party should be given a written notice of the substitution.

Effect of Death of Counsel

Death of the previous attorney is the cause of substitution of the counsel, a verified proof of the death of such attorney (usually a death certificate must accompany the notice of appearance of new counsel.

Notice to the lawfirm o after its dissolution is binding upon the party in the absence of new appearance but not when the lawyer is dead;

Death of Member of Law Firm = Does not extinguish lawyer-client relationship

Sec 3. Manner of Filing Shall be made by presenting the original copies personally to the clerk of court or by sending them through registered or by sending them by registered mail.

Refers to the following the filing of the following:1. Appearances2. Pleadings3. Motions4. Notices 5. Orders 6. Judgments 7. All other papers

Sec 4. Papers required to be filed with the court and served upon the parties effected.

1. Every judgment2. Resolution3. Order 4. Pleadings subsequent to the complaint First be served on the parties affected before they are filed in court JUSTICE FERIA5. written motion6. Notice7. Appearance 8. Demand9. Offer of Judgment

Ex parte written motions they should be first served on the parties although they need not be set for hearing.

PARTIES MUST BE FURNISHED WITH COPIES No judgment or order whther final or interlocutory until and unless it is set down in writing, signed and promulgated

Sec 5. Modes of Services

Service shall be made personaly or through mailk

1. Ordinary Mail

It is only filed upon actual receipt of clerk of court2. Registerd Mail

Date of mailing is date of filing3. Use of Fax pleadings NOT ALLOWED

4. Docket fees

5. Payment of Check

Sec 6. Personal Service

- May be delived to the party or to the counsel or by leaving it in his office with his clerk or with a person having charge thereof.- If 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 8 in the morning and 6 in the evening at the partys or counsels residence if known with a person of sufficient age and discretion then residing therein

Sec 7 Service by mail Shalle be made by depositing the copy in the post office in a sealed envelop, plainly addressed to the party or to the counsel at his office, if known otherwise at his residence if known with postage fully pre-paid and with instruction to the postmaster to return the mailk to tge sender after 10 days if undelivered.

If no registry service is available in the locality of either the sender or the addressee service may be done by ordinary mail

Sec 8 Substituted Services

Sec 9. Service of Judgments PERSONALLY OR THROUGH MAIL

When a party summoned by publication has failed to appear in the action, judgments final orders or resolution against him shall be served upon him also by publication at the expense of the prevailing party.

Sec 10 . Completeness of Service

Personal service is complete upon actual delivery.

Service by ordinary mail upon the expiration of 10 days after mailing unless the court otherwise provides.

Service by registered mail = Upon actual receipt by the addressee or after 5 days from the date he received the first notice of the post master whichever date is earlier.