A.

Modes of Filing
1. PERSONAL (presenting the original copies personally to the clerk)
a. Clerk shall endorse on the pleading the HOUR and DATE of filing
b. Proof of filing
i. Existence in record OR
ii. Written or stamped acknowledgment of its filing by the clerk on a copy
2. REGISTERED MAIL
a. Date of filing - date of mailing as shown by POST OFFICE STAMP on the ENVELOPE or REGISTRY
RECEIPT
b. Proof of filing
i. Registry receipt AND
ii. Affidavit of person who did the mailing (with full statement of the DATE and PLACE of
depositing the mail in the post office in a sealed envelope addressed to the court, with postage
fully paid, with instructions to return if undelivered within 10 days)

B. Modes of Service of Papers (pleadings, motions, notices, resolutions, other papers)

1. PERSONAL
a. Delivering personally a copy to party or counsel OR
b. Leaving in his office OR
c. If no person is in his office, leaving the copy between 8-6 at the party or counsel’s residence, with a
person of SUFFICIENT AGE and DISCRETION residing therein
d. Complete upon actual delivery
e. Proof of service
i. Written admission of the party served OR
ii. Official return of the server OR
iii. Affidavit of the person serving, with full statement of the DATE, PLACE and MANNER of
service
2. REGISTERED MAIL
a. Depositing a copy in the post office in a sealed envelope, addressed to party or counsel, if known, OR
at his residence, if known,
i. With postage fully prepaid AND
ii. With instructions to the postmaster to return to sender after 10 days if undelivered
b. Complete upon actual receipt by addressee OR 5 days from the date he received first notice of the
postmaster, whichever is earlier
c. Proof of service
i. Affidavit AND
ii. Registry receipt issued by the mailing office
o Registry return card shall be filed immediately upon its receipt by the sender
3. ORDINARY MAIL
a. If no registry is available on the locality of either or the senders OR addressee
b. Complete upon expiration of 10 days after mailing
c. Proof of service
i. Affidavit of the person mailing of the facts showing compliance with requirements of sec 7
4. SUBSTITUTED SERVICE
a. Made by delivering a copy to the CLERK, with proof of failure of both personal service and service by
mail
b. If service of papers cannot be made by personal/ registered/ ordinary mail, the office and place of
residence of the party or his counsel being UNKNOWN
c. Service is complete at time of delivery to the clerk

C. Modes of Service of Judgments/ Final Orders/ Resolutions

1. PERSONAL
a. Complete upon actual delivery
2. REGISTERED MAIL
a. Complete upon actual receipt by addressee OR 5 days from the date he received first notice of the
postmaster, whichever is earlier

D. Proof of Filing
1. Personal Filing
a. Existence in record OR
b. Written or stamped acknowledgment of its filing by the clerk on a copy
2. Registered Mail
E. Modes of Service of Summons
1. Personal
a. Handling a copy to the defendant in person
b. If he refuses to sign or receive, by tendering it to him
2. Substituted Service
a. Leaving copies of the summons at defendant’s residence with some person of suitable age and
discretion then residing therein
b. Leaving copies at the defendant’s office or regular place of business with some competent person in
charge thereof
Entity without juridical personality
Prisoners
Minors or incompetents
Domestic private
corporation/partnership/
Association
Foreign private which has transacted
business in the Philippines
Foreign private which has not yet
transacted business in the Philippines
OR has no resident agent
Public corporations
(14)Defendant whose identity or
whereabouts are unknown
a) Defendant is designated as an
unknown owner OR
b) whenever his whereabouts are
unknown AND cannot be ascertained
by diligent inquiry
(15) Extraterritorial service
a) Defendant does not reside AND
b) Is not found in the Philippines AND
c) Action:
o Affects personal status of the
plaintiff OR
o Relates to property within the
Philippines (where 1) defendant
has a lien or interest, actual or
contingent OR 2) relief consists in
excluding defendant from property
OR 3) property of defendant has
been attached in the Philippines)
(16) Residents temporarily out of the
Philippines
1. Any one of the defendants OR
2. Person in charge of the office
1. By the officer having management of the jail or institution
1. Personally AND
2. On legal guardian if he has one (if none, appointed guardian ad
litem)
3. If minor, may also be made on father or mother
1. President
2. Managing partner
3. General manager
4. Corp sec
5. Treasurer
6. In-house counsel
1. Resident agent designated in accordance with law OR
2. If no agent, government official designated by law OR
3. Any officers or agents in the Philippines
With leave of court
1. PERSONAL SERVICE coursed through appropriate court in
foreign country with assistance of DFA
2. PUBLICATION once in a newspaper of general circulation in
country where defendant may be found AND by serving a copy
of the summons and the court order by REGISTERED MAIL at
the last known address of the defendant
3. FACSIMILE or any other recognized electronic means that could
generate proof of service
4. ANY OTHER MEANS as the court may in its discretion direct
1. Solicitor general OR
2. If PCM, executive head OR
3. Such other officers or agents as the law may direct
1. By leave of court, PUBLICATION in a newspaper of general
circulation AND in such places and for such time as the court
may order
Leave of court
1. PERSONAL service OR
2. PUBLICATION in a newspaper of general circulation in such
places and for such time as the court may order, in which a
copy of summons and order of the court shall be sent by
REGISTERED mail in last known address OR
3. In any other matter the court may deem sufficient
Leave of court (Note: Substituted service allowed)
1. PERSONAL service OR
 2. PUBLICATION in a newspaper of general circulation in such
a) Defendant ordinarily resides in places and for such time as the court may order, in which a
Philippines BUT copy of summons and order of the court shall be sent by
b) Temporarily outside of it REGISTERED mail in last known address OR
3. In any other matter the court may deem sufficient