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.

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

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.

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 notice
a) 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 judgment

c) 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 substitution
3. 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.
1.
2.
3.
4.
5.
6.
7.

Refers to the following the filing of the following:

Appearances
Pleadings
Motions
Notices
Orders
Judgments
All other papers

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

upon the parties effected.
1. Every judgment
2. Resolution
3. Order
4. Pleadings subsequent to the complaint First be served
on the parties affected before they are filed in court
JUSTICE FERIA
5. written motion
6. Notice
7. Appearance
8. Demand
9. 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

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

Service shall be made personaly or through mailk

1. Ordinary Mail

Sec 8 Substituted Services

- It is only filed upon actual receipt of clerk of court

2. Registerd Mail

Sec 9. Service of Judgments PERSONALLY OR THROUGH

MAIL

- Date of mailing is date of filing

3. Use of Fax pleadings NOT ALLOWED
4. Docket fees

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.

5. Payment of Check

Sec 10 . Completeness of Service

Sec 6. Personal Service

Personal service is complete upon actual delivery.

- 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

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.