KUPALOURD RULES 10-13

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RULE 10 Amended and Supplemental Pleadings

Section 1. Amendments in general. — Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a
mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may
speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner.

Section 4. Formal amendments. — A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected
by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party.

In Civil Cases, there is no substitution (for Crim Pro lang). There is only amendment. No substitution. OR addition which you call supplement. [However]
In both Civil and Crim Cases, amendment has two classifications:

 Substantial vs Formal (whether a matter of right or a matter of discretion)

o Substantial amendment – when such amendment would be prejudicial to a party
o Formal amendment – is not prejudicial to a party because it is only amended as to the form

 Amendment as a matter of right vs by leave of court (a matter of discretion)

Section 2. Amendments as a matter of right. — A party may amend his pleading once as a matter of right at any time before a responsive pleading is
served or, in the case of a reply, at any time within ten (10) days after it is served.

Section 3. Amendments by leave of court. — Except as provided in the next preceding section, substantial amendments may be made only upon leave of
court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. Orders of the court upon the matters provided
in this section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard.

In Civil Cases, amendment may be a matter of right or it can be a matter of discretion by leave of court. In Criminal Cases, amendment also may be a matter
of right or also a matter of discretion.

It is a matter of right in Civil Cases when BEFORE a responsive pleading is served NOT filed. Underscore the word. AFTER matter of discretion,

 Halimbawa, and this is settled in jurisprudence. A files a case against B for sum of money. Upon RECEIPT of summons together with the
pleading, B FILED his answer. Then, after the filing of the answer, A amends the complaint. Is the amendment a matter of right or by
leave of court?

 This is a dishonest question if it is given in the Bar. You try to look at Sec 1 of Rule 10. That it is a matter of right before a responsive
pleading is served and not FILED. So the answer to that illustration is that amendment here by A of the complaint is still a matter of
right precisely because he has not been served. The problem does not state that he has received already a copy of the Answer. So it’s
still a matter of right. So Mr. A amended the complaint as a matter of right.

 And then, even before he has received a copy of the Answer, he finds out that kulang pa pala yung amendment ko. SO he still a mended
the complaint. Hindi niya pa natatanggap yung Answer. Is it a matter of right? NO MORE. Because a matter of right amendment can
only be availed of ONCE. So whether it is…you have to make a distinction of a matter of right and a matter of discretion or by leave of
court. Kahit wala pang Answer, kapag more than once na, by leave of court nay an.

 In Criminal cases, it is also a matter of right or by leave of court. When is it a matter of right? BEFORE the accused enters his plea or
BEFORE arraignment, it is a matter of right! After he has entered his plea, it is already a matter of discretion. (SEC 14 RULE 110)

 You need to file a motion by leave of court to amend the complaint. EXCEPTION in Crim Cases, when there is PLEA-BARGAINING or
when the amendment leads to the DOWNGRADING the charge then it is always… when you downgrade the charge, it requires a motion,
should be set for hearing, notice to the party, and consent of the private complainant. Hence, private complainant must be present during
arraignment. Kasi ngayon arraignment and pretrial palagi sine-set.

o These are always a matter of discretion

o Not applicable to Rule 110- point of reference is only before the accused enters his plea

 Whether it is a matter of right or by leave of court, it can be both formal or substantive.

Illus. 1 (REMINGTON INDUSTRIAL v CA)

A files a case against B and C. After filing the case, B and C filed a motion to dismiss. The motion to dismiss was denied. B filed his Answer. C filed a petition
for certiorari, questioning the order denying the motion to dismiss. Is it a matter of right for A to amend his complaint?

As far as C is concerned, who filed a petition for certiorari, amendment is still a matter of right by A.

But as far as B, who filed already an Answer, meaning to say, it has also been served, then amendment is NO LONGER a matter of right.

NOTE: Suppose B and C put up a common defense. Kapag common defense, it accrues to all the defendants. Pag common defense yon in an Answer,
amendment will no longer be a matter of right.

Section 5. Amendment to conform to or authorize presentation of evidence. — When issues not raised by the pleadings are tried with the express or
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implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be
necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but
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failure to amend does not effect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made
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by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends
of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.

 GR: Every allegation in the pleading must be supported by evidence.

 Pero itong Sec 5, baliktad. May evidence na. Hindi naman alleged. So what is your remedy? Amend it to conform to Evidence.

Illus.

In the course of the proceeding, the witness on the witness stand is the plaintiff himself and then he was being examined his the counsel,

“Mr Plaintiff, after you realize that you were not paid, what did you do?”

“Well, I wrote him a demand letter.”

“How many demand letter did you write?”

“I wrote him 3 demand letters”

“I have here 3 demand letters.”

Then because you know the pleading and it was never stated in the pleading. Remember when we discuss jurisdiction over the issues? Ok. So that issue of
demand was never stated in the pleadings and so counsel for the defense would say,

“Objection, Your Honor, the Court has no jurisdiction about this demand and demand letters so we object”

What does Sec 5 say of Rule 10?

That court must grant the motion on the ground that the court has no jurisdiction over the particular issue. Ano yung principle? Jurisdiction over the issues is
determined by the allegations of the pleading. In fact, we have also studied that this is the only kind of jurisdiction which is waivable. Because if you don’t
object in my illustration, tutuloy yon. It will form part of the record you cannot question later on wala naman palang jurisdiction. Wala yan sa pleading. NO
MORE. Because you should have objected, but because you did not object, you waive the objection. So pag ginrant yan, which the court should do, the court
will say, yes, there is no allegations whatsoever regarding the demand letter so why are you presenting evid re demand letter when there are no allegations
re: demand letter. Therefore, the motion is granted (yung objection to).

Ikaw, plaintiff, what is your remedy? Your remedy is Sec 5 of Rule 10. Your Honor, I move to amend the complaint to conform t o the evidence. Remember
that under Sec 5, the amendment can be done even in the course of the proceeding even after judgment. The Rule says the court must grant that motion with
liberality. That is how to amend the pleading to conform to the evidence.

Amendments vs Supplemental Pleadings

Section 6. Supplemental pleadings. — Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to
serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented.
The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.

Amendment and Supplement are both are alterations.

The basic distinction:

 in amendments, you remove something and replace it with another thing. And with what do you replace the amended allegation? You replace
them with something that transpired BEFORE the filing of the complaint.
o during the fact

 As against supplements, where you add certain facts that transpired AFTER the filing of the case.

o Regarding supplemental pleadings, these are availed of after the fact.

o ‘after the fact’ – if something new transpired after the pleadings have been already in the hands of the court, then you don’t file an amended
pleading but rather a supplemental pleading.

 ILLUS: There were 3 indebtedness. January. May. And June. Pero when you file the case, you filed that only in May. So dalawa
lang ang pwede mo kolektahin diba (kasi hindi pa due and demandable yung for June)? BUT in the course of the proceeding, it’s
already November. The other indebtedness which you even mentioned in your pleading, you cannot present evidence relative
thereto because hindi pa nag a-accrue. The obligation has not become due and demandable kasi when you filed it, the third
obligation does not become due.
 Ano yon amendment ba? ACTUALLY NO. You don’t need amendment. You need supplemental pleading.--> this is for Bar purposes
 BUT in actual practice, you file motion to amend, when in fact it is supplement.
 For Bar purposes, realize the distinction.

Section 7. Filing of amended pleadings. — When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall
be indicated by appropriate marks, shall be filed.

Section 8. Effect of amended pleadings. — An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings
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may be received in evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.
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What is the effect of the amended pleading to the original pleading? UPON the original pleading. The original pleading is superseded by the amended pleading.
(Balewala na original pleading)
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Tie this up to Evidence…

o Under the Rules of Evidence, Rule 129 (What Need Not Be Proved), judicial notice and judicial admissions need not be proved. As to the
latter, they are admissions in the pleadings.

o Rule 129, Section 4. Judicial admissions. — An admission, verbal or written, made by the party in the course of the
proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was
made through palpable mistake or that no such admission was made.

 Admissions in the original pleadings (which have been amended) are no longer admissions once they are amended but can you use it as evidence?
YES. They become now extrajudicial admissions. And under the Rules of Evidence, said admissions, in order to be admissible, they have to be
offered.
 Opinion of Justice Feria: the admissions in the original pleadings remain to be admissions (but this is just an obiter)

Rule on Amendments in Criminal Procedure is more taxing. There is only one pleading in criminal actions, the information; in civil actions, there are a lot of
pleadings that can be amended. In civil actions, we have amendatory pleadings and suppletory pleadings. In criminal procedure, there are no suppletory
pleadings; instead, they have amendments and substitutions.

Pero substitution sa Criminal Cases, hindi as regards to parties unlike in Civil Cases (pwede mag-substitute ng parties). In Crim Cases, susbstitution is as to
the charge. E.g. Murder substitute to Homicide.

RULE 11 When to File Responsive Pleading

Periods lang ito. Madali lang ito.- Brondi

Section 1. Answer to the complaint. — The defendant shall file his answer to the complaint within fifteen (15) days after service of summons, un less a
different period is fixed by the court.

Section 2. Answer of a defendant foreign private juridical entity. — Where the defendant is a foreign private juridical entity and service of summons
is made on the government official designated by law to receive the same, the answer shall be filed within thirty (30) days after receipt of summons by such
entity.

Section 3. Answer to amended complaint. — When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same
within fifteen (15) days after being served with a copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten (10) days from notice of the order admitting the same.
An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)—party complaint, and amended
complaint-in-intervention.

Section 4. Answer to counterclaim or cross-claim. — A counterclaim or cross-claim must be answered within ten (10) days from service.

Section 5. Answer to third (fourth, etc.)-party complaint. — The time to answer a third (fourth, etc.)— party complaint shall be governed by the same
rule as the answer to the complaint.

Section 7. Answer to supplemental complain. — A supplemental complaint may be answered within ten

(10) days from notice of the order admitting the same, unless a different period is fixed by the court. The answer to the complaint shall
serve as the answer to the supplemental complaint if no new or supplemental answer is filed.

Reply

Section 6. Reply. — A reply may be filed within ten (10) days from service of the pleading responded to.

Section 8. Existing counterclaim or cross-claim. — A compulsory counterclaim or a cross-claim that a defending party has at the time he
files his answer shall be contained therein

Section 9. Counterclaim or cross-claim arising after answer. — A counterclaim or a cross-claim which either matured or was acquired by a party after
serving his pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment.

Section 10. Omitted counterclaim or cross-claim. — When a pleader fails to set up a counterclaim or a cross- claim through oversight, inadvertence, or
excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment.

Section 11. Extension of time to plead. — Upon motion and on such terms as may be just, the court may extend the time to plead provided in these Rules.

The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these Rules.

4 periods under Rule 11: 10, 15, 30 and 60 days.

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10 15 30 60
(incomplete) (incomplete)

Bill of particulars Filing an answer When defendant is a Extraterritori al

foreign juridical service of summons
under
Filing an answer to Filing an answer to

amended complaint amended entity and summons Section 15,

when amendment is NO complaint when is served upon the Rule 14.
a matter of right amendment is a government official
matter of right designated by law
(Section 12, Rule 14)

Filing an answer under Filing an answer

Rules of Summary to a third-, fourth-
Procedure partycomplaint

Filing an answer to a
supplement al complaint

Counterclaim or cross-
claim

Reply

The ff: periods na kailangan tandaan.

10 – ALL THE REST 10 DAYS (refer sa baba para ma-gets mo)

Answer amended by leave of court

Answer to Counterclaim, Counter-counterclaim, Crossclaim

Reply

Answer to Summary Procedure

Bill of Particulars, but this is already in Rule 12

15 - Answer must be filed within the 15-day period when a complaint was filed as an original complaint. 15 days from service of summons.
(regular procedure)

Another 15-day period, [Answer to] a complaint amended as a matter of right.

Answer by the 3rd party, 4th party defendant.

30 - Isa lang ang Rule dito. Sec 12 of Rule 14. When the defendant is a foreign private entity. Foreign Corporation. Under Sec 12, summons
may be served upon 3 individuals. Una, resident agent determined by law. Pangalawa, gov’t officer designated by law. Pangatlo, any officer
or resident or agent found in the Phils. Ngayon, dito sa Sec 1 of Rule 11, 30-day period, when summons is served upon a public
officer/government official designated by law, yon 30 days yan. When do you count the 30-day period, you count from RECEIPT OF
THE FOREIGN PRIVATE ENTITY NOT receipt by gov’t officer designated by law.

IILUS 1: You sue the bank of New York, a foreign entity. You sue it because it has an office here in the Phils. Halimbawa, walang resident agent. Wala
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naman officer or agent found in the Phils. You serve it to the Central Bank. By serving that to the Central Bank, the Central bank will send it to the
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Bank of New York. Upon receipt by the bank of New York BY the officer in the Central Bank, you count 30-day period. NOT from receipt of the Central
Bank Officer.
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ILLUS 2: Let’s say, NEVADA INSURANCE COMPANY. So you find the office in Reno, Nevada, and wala naman ditong resident agent. S o you serve it
thru Insurance Commissioner. SO the IC upon receipt, ipapadala yan doon. Pag natanggap don, they have 30 days.

60 – Isang lang ang Rule. Sec 15 of Rule 14 Extraterritorial Service (ES). In case of ES, the Answer must be filed within a period of 60 days
from RECEIPT of summons.

So yang dalawang yan, 30 at 60, tig-iisa lang yan. Then, all the rest either 15 or 10. Ano ano ba yon?

Yung iba diyan, hindi na tungkol sa summons.

e.g. ibang 30-day period, APPEAL BY RECORD ON APPEAL
45-day period, APPELLANT’s BRIEF

Basta ibang tatandaan niyo, walang 28-day period. Alam niyo yun lahat kung saan ang 28-day period kung regular ka. Pero kapag irregular, baka nag f
fluctuate yan baka maging 30, baka maging 60. Ang iba 60 rin pag very very irregular. So pumunta kayo sa doctor, uminom kayo, para ma-regulate. Yung
pills hindi yan pinagbabawal ng Catholic Church IF your purpose is to regulate your 30 and 60-day period. Pag na-regulate nay an sa pwede ka na mag-family
planning. HAHAHAHAAHAHHAAHHAHAHAHAHAH (kala ko totoo)

RULE 12 Bill of Particulars

Section 1. When applied for; purpose. — Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any
matter which is not averted with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply,
the motion must be filed within ten (10) days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are
contained, and the details desired.

Section 2. Action by the court. — Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court which may either
deny or grant it outright, or allow the parties the opportunity to be heard.

Section 3. Compliance with order. — If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) days
from notice of the order, unless a different period is fixed by the court. The bill of particulars or a more definite statement ordered by the court may be filed
either in a separate or in an amended pleading, serving a copy thereof on the adverse party.

Section 4. Effect of non-compliance. — If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the
pleading or the portions thereof to which the order was directed or make such other order as it deems just.

Section 5. Stay of period to file responsive pleading. — After service of the bill of particulars or of a more definite pleading, or after notice of denial of his
motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than
five (5) days in any event.

Section 6. Bill a part of pleading. — A bill of particulars becomes part of the pleading for which it is intended.

Bill of particular – particularization of the allegation for the purpose that the adverse party may be able to respond thoroughly or correctly to the allegations
in the pleading
- specification of an allegation or claim in an action

Meron din dito sa Crim Pro, once you received the copy of the information, you can ask also for a Bill of Particulars.

BUT in Civil Cases, may particular rule. Rule 12.

There is a misconception that the BOP applies only as far as the complaint is concerned. THAT’S NOT TRUE. All other pleadings may be subject to BOP. So if
you file a counterclaim, the plaintiff can ask also for a BOP. You file a Reply. Reply is not necessary remember. It is only necessary in instances where the
defendant puts up an Answer based on Actionable Docs. When there are new matters. That’s Reply.

BOP applies to all kinds of pleadings but what is the effect? The BOP which you file a motion for Bill of Part., meaning to say, that the pleading that you
received is vague, nebulous, Malabo, cloudy. Hindi mo ma-discern.

e.g. Defendant owes me P1M which he incurred in3 separate occasions. Labo! Ano bang mga occasions na to? So you ask for a Bill of Particulars.
What do you mean by this 3 occassions that the summary of my indebetedness amounts to 1M. Sasabihin nung plaintiif, yung una nung ikasal ka. Yung
pangalawa, yung manganak misis mo panganay. Pangatlo, ikaw naman hindi ko na nga nilagay diyan baka mahiya ka, hindi ba nung buntis yung mistress mo
pumunta ka rin sa akin. SO you can now Answer correctly.

Another e.g. The complaint states that the defendant borrowed P100,000 from the plaintiff on 3 occasions.

When was this?! Instead of filing an answer, file a motion for bill of particulars. Particularize on what occasions defendant borrowed money. If the motion is
granted, within 10 days from receipt of the order granting motion for the bill of particular, the plaintiff will now particu larize. The plaintiff will say, what I
meant by 3 occasions are: on Valentine’s Day, on your birthday, and on Christmas day.

So the defendant can answer: on Valentine’s Day, I was not here. I was in Boracay. On my birthday, I wasn’t here too.

Any BOP may either be granted or denied.

If granted, and so the plaintiff has 10 days to present a BOP. HOW?

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2 WAYS:
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1. He either submits a separate pleading.

2. He simply amends the original pleading.

If granted, 10 days to file BOP from receipt of the order granting the BOP.

Supposed it is denied, Sec 5 of Rule 12. The defendant has the balance of period but not less than 5 days. In other words, Domingo Neypes et. al v CA does
not apply here. The fresh period rule does not apply. You do not have the entire period all over again. You have only the balance of the period but not less
than 5 days.

Where else does not the Neypes Doctrine apply?

The same doctrine does not apply as well in Rule 16 Sec 4 or Motion to Dismiss, Rule 62 Interpleader, and Rule 64 Sec 3 or Review of the judgment of COA
or COMELEC. These are the only instances when the fresh period rule does not apply.

They Neypes Rule is denied, you will have the entire period again. We’ll discuss that when we go to appeals proper. Rules 40 -45.

Ano pala yung balance of the period?

e.g. You receive a copy of the summons on Jan 5, you have until Jan 20, within which to file your Answer. But instead of filing your answer, you file
a motion for BOP on Jan 10. So you have consumed 5 days. And then, your motion for BOP is denied. Mag c certiorari ka ba don? NO. Don’t always
apply certiorari kasi napakahirap. Limited ang ground, jurisdictional lang. SO what you have to do, you file to file your Answer. When? Considering
you filed BOP after 5 days you received the summons so you are left with 10 days.

SO kung minsan, naguguluhan ang mga reviewees pag binigay sa mga periods na yan. A may 10 days pa ko. So remember in the Bar, if the
question particularly states a specific date like Jan 5, Jan 15, you are expected as well by the examiner to give a specific date. Pero kung wala,
then, it does not expect. Sabihin mo lang, the balance of the period but not less than 5 days. Tama yon. But if the presentation of the problem is
such that you are given a particular date, Jan 5, there was even a Bar problem, the date was Feb 25, so nalito, Feb 28-30, mali! Kahit leap year
yon, walang 30! The examiner wants you to start counting in your fingers…

SO Jan 5, you have 10 days, sasabihin mo you have until Jan 30, WRONG. You just don’t add 10 days from the date of expiration (Jan 20). Dito
maraming nagkakamali.

You count the 10-day period from receipt of the order denying. So if you receive it March 10, you count it from March 10.

Another e.g. The defendant received a copy of the summons on March 1. He has until March 16 within which to file the answer. Instead of filing the
answer, on March 2, he filed a bill of particulars. It was denied. When should the defendant file his answer? Within 14 days from his receipt of the
notice of the denial of the order. If you receive it on April, then start counting 14 days in April.

Suppose instead of filing it on March 2, you file it on March 15 (1 day before the expiration of the period to file the answer) and it was denied. He
has 5 days. If he receives it on April 5, he still has 5 days within which to file or up to April 10.

CASE: Juan Ponce Enrile v The Division Kemelar (must read in Crim Pro)

RULE 13 Filing and Service of Pleadings, Judgments and other papers

Iba ang filing sa service. If you are asked, which comes first? The filing or the service? IT DEPENDS.

If it is the initiatory pleading, siyempre filing muna. But thereafter, service comes before filing because the Clerk of Court will not accept any pleading that
you have not served to the adverse party yet.

EXN (sa initiatory pleading, filing mauuna): Petitions for Annulment of Marriage and Legal Separation. Under the Admin Circular, even before the Clerk of
Court receive it, you must have served upon the office of the prosecutor and upon the office of the solicitor general.

3 ISSUES to discuss: MODES (or manner of filing and service), COMPLETENESS (of filing and service), PROOF (of serving and filing)

Section 1. Coverage. — This Rule shall govern the filing of all pleadings and other papers, as well as the service thereof, except those for which a different
mode of service is prescribed.

Distinction between Filing and Service

Section 2. Filing and service, defined. — Filing is the act of presenting the pleading or other paper to the clerk of court.

What is filing?

You file when you submit a pleading to the clerk of court.

What is service?

Service is furnishing a copy of your pleading to the adverse party.

***Service is 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.
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Filing: Manner, completeness, proof

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Paano ba ang mode of FILING?

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Siyempre pupunta ka sa court and give it to the clerk of court. What mode of filing would this be? PERSONAL FILING.

What is the other mode?

By REGISTRED MAIL. Registered lang ha!

Section 3. Manner of filing. — The filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by presenting
the original copies thereof, plainly indicated as such, personally to the clerk of court or by sending them by registered mail. In the first case, the clerk of court
shall endorse on the pleading the date and hour of filing. In the second case, the date of the mailing of motions, pleadings, or any other papers or payments
or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in
court. The envelope shall be attached to the record of the case.

Service: Mode, completeness, proof

Section 4. 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 shall be filed with the court, and served upon the parties affected.

Section 5. Modes of service. — Service of pleadings motions, notices, orders, judgments and other papers shall be made either personally or by mail.

What are the modes of SERVING?

Tatandaan niyo we are not talking here of summons. Please distinguish this from Rule 14. Don’t ever confuse this with Rule 14. We are talking here of
pleadings, final orders, resolutions and judgments.

1. PERSONAL

Section 6. Personal service. — Service of the papers may be made by delivering personally a copy to the party or his 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 eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and
discretion then residing therein.

2. BY MAIL (WON ordinary or registered mail)

Section 7. Service by mail. — Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope, plainly addressed to
the party or his counsel at his 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) days if undelivered. If no registry service is available in the locality of either the senders or the addressee, service
may be done by ordinary mail.

Section 8. Substituted service. — If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding
sections, the office and place of residence of the party or his counsel being unknown, service may be made 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.

- When all the other modes are not effective, then you can avail of substituted service of pleadings (submit to the Clerk of Court with
proof you cannot serve personally or by mail). Do not confuse with substituted service of summons.

- Ang pwede ibigay dito sa Bar ay yung Judgment. Filing and Service of Judgment. Remember that kung hindi personal, there can be
substituted dito sa regular pleading but they do not apply in judgments. Yung substituted service. The substituted service referred to here
is very different from substituted service of summons. Substituted service here is you submit a copy of the pleading to the Clerk of Court
with proof that you tried personal and other modes but they were not available or unsuccessful.

- BUT THIS NOT APPLY IN JUDGMENTS. No jurisprudence to this effect. Although, it call fall under any other mode. We’re not talking of
summons ha. But you do that always by leave of court. You cannot do that on your own because the way to serve judgment, the only
valid, is either serve it personally or by reg mail para may return receipt na natanggap. Kasi the judgment resolution final orders emanate
from the court, edi may record na sila non. That is the rationale behind. (what?!) SO what do you do? You do that by publicat ion. But you
do that by leave of court. Don’t be misled by the provision of the rule that publication is OK. NO YOU READ AGAIN, publication does not
require leave of court if summons was served thru publication. But if summons was not served thru publication, in order to serve a copy
of the judgment which cannot do personally or by reg mail, your mode is thru publication but do it thru LEAVE OF COURT.

- Running of prescriptive period will run from publication.

Section 9. Service of judgments, final orders, or resolutions. — Judgments, final orders or resolutions shall be served either personally or by registered
mail. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him shall be served upon him
also by publication at the expense of the prevailing party.

Section 10. Completeness of service. — Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration
of ten (10) days after mailing, unless the court otherwise provides. Service 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, whichever date is earlier.

When are they complete (applies both to FILING and SERVICE)?

Pag nag file ka by personal service, pag tinanggap na, complete na.
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Pero registered mail, when is it considered complete by registered mail? It is considered after 5 days from the receipt of the first registered notice
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(notice by registered mail). We are not talking here of proof. We are talking first of completeness.
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Pero pag ordinary mail (app. to service only), 10 days from depositing, it is deemed completed. That presumption of 10 days is very much
questionable now.

Section 11. Priorities in modes of service and filing. — Whenever practicable, the service and filing of pleadings and other papers shall be done personally.
Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was
not done personally. A violation of this Rule may be cause to consider the paper as not filed.

When you serve a copy of the pleading to the adverse party, it is preferred that you do it personally. If you don’t, you have to state your explanation why
you are not availing of personal service. What is the explanation? Any explanation for that matter. Does not consist of a separate pleading. Only added sa
last part pagka pirma mo run, Makita nito ron, “Pursuant to Sec 11 of Rule 13… sent by reg mail by reason of convenience and practicality”

Why is this so? This is new in the 1997 Rules of Court. There are a lot of lawyers abusing such provision. Instead of personally ser ving, they serve by mail
to buy time.

th th
Illustration of this abuse: The counsel of the plaintiff has his law office at Pacific Land Building on the 44 floor. The defendant’s counsel is on the 4 floor
of the same building. Yet they do it by mail. Bakit? TO BUY TIME.

Section 14. Notice of lis pendens. — In an action affecting the title or the right of possession of real property, the plaintiff and the defendant, when affirmative
relief is claimed in his answer, may record in the office of the registry of deeds of the province in which the property is situated notice of the pendency of the
action. Said notice shall contain the names of the parties and the object of the action or defense, and a description of the property in that province affected
thereby. Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, be deemed to have constructive
notice of the pendency of the action, and only of its pendency against the parties designated by their real names.

The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, 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 rights of the party who caused it to be recorded.

Section 12. Proof of filing. — The filing of a pleading or paper shall be proved by its existence in the record of the case. If it is not in the record, but is
claimed to have been filed personally, the filing shall be proved by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the
same; if filed by registered mail, by the registry receipt and by the affidavit of the person who did the mailing, containing a 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 prepaid, and with instructions to the postmaster
to return the mail to the sender after ten (10) days if not delivered.

The affidavit refers to the affidavit of the sender, not the one who mailed. In proof of filing, it says registered receipt “and” affidavit; in proof
service, it says “or.” Make the distinction there.

Section 13. Proof of Service. — Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the
affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist
of an affidavit of the person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered mail, proof shall be made by such
affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof
the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee.

 The, proof, is the stamp. The existence of a copy in the office of the Clerk of Court is the real proof. Pero kung wala kasi ang nangyayari
pagpunta mo ron, you verify, wala wala naman kami kopya ng pleading na yan. Ito may kopya ako rito na may stamp mo. That’s the
proof.

 If you do it by registered mail, siyempre yung yung registry receipt. As to service that it has been received, the return card. That’s the
proof.

Remember: An SC Circular says that when you file before the SC and the CA, you have to attach a copy of the affidavit of service (not filing). The
SC or the CA will not accept any pleading that does not include an affidavit of service.

The rest not SC CA, hindi kailangan.

EXN: Service by Publication, kailangan ng affidavit of service by the publisher editor or anyone who is authorized to execute the same.

SUMMARY:
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***If you mail it on March 1, when is it complete? March 12 (expiration of 10 days).

***What if there is no stamp (as what happens in actual practice)? A filed. The pleading A filed could no longer be located by
the Clerk or Court. How do you prove it? Through the stamp on your own copy.

*** You are given a registry receipt as proof of mailing, and then you attach that to a return card as proof of receipt

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