Civil Procedure

• Filing


  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
• Parties to whom service shall be made

  • Party who has appeared by counsel
  • Party himself if ordered by the court
• Filing of pleadings, appearances, motions, notices, orders, judgments and all other papers


  1. Presenting the original copies thereof, plainly indicated as such, personally to the clerk of court

  2. Sending them by registered mail
• Papers required to be filed and served

  • Judgment
  • Resolution
  • Order
  • Pleading subsequent to the complaint
  • Written motion
  • Notice
  • Appearance
  • Demand
  • Offer of judgment
  • Similar papers
• Mode of service of pleadings, motions, notices, orders, judgments, and other papers


  1. Personally

  2. By mail
• Personal service


  1. Delivering personally a copy to the party or his counsel

  2. Leaving it in his office with his clerk or with a person having charge thereof

  3. 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 party's counsel or residence, if known, with a person of sufficient age and discretion then residing therein
• Service by mail


  1. Depositing a copy in the post office

  2. In a sealed envelope

  3. Plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known

  4. With postage fully prepaid

  5. With instruction to the postmaster to return the mail to the sender after 10 days if undelivered
• Substituted service


  1. Delivering the copy to the clerk of court

  2. With proof of failure of both personal service and services by mail
• Service of judgment, final orders, or resolutions

  1. Personally

  2. By registered mail
• Service of judgment, final orders, or resolutions against a person who fails to appear when summoned by publication


  By publication at the expense of the prevailing party
• Personal service is complete


  Upon actual delivery
• Service by ordinary mail is complete

  Upon the expiration of 10 days after mailing, unless the court otherwise provides
• Service by registered mail is complete

  Upon actual receipt by the addressee, or after 5 days from the date he received the first notice of the postmaster, whichever date is earlier
• Modes of service and filing in order of priority


  • Personally
  • Other modes with written explanation why not done personally
• Proof of filing


  • For personal filing: Existence in the record of the case
  • Written or stamped acknowledgment of its filing by the clerk of court on a copy
  • For registered mail filing: Registry receipt
  • 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
• Proof of service


  • For personal service: Writing by the server
  • Affidavit of the party serving containing a full statement of the date, place, and manner of service
  • For ordinary mail: Affidavit of the person mailing of facts showing compliance
  • For registered mail: Affidavit and the registry receipt issued by the mailing office
• Registration of notice of lis pendens

  1. Plaintiff and defendant may record in the office of the ROD of the province in which the property is situated

  2. Notice shall contain the names of the parties, the object of the action or defences, and a description of the property

  3. Only from the time of filing such notice shall a purchaser or encumbrancer be deemed to have constructive notice of the pendency of the action
• Cancellation of notice of lis pendens


  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 party who caused it to be recorded
• Issuance of summons


  Upon filing of the complaint and payment of the requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to the defendants
• Contents of a summons


  • The name of the court and the names of the parties to the action
  • A direction that the defendant answer within the time fixed by the rules
  • A notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for
  • A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached
• Persons who may serve summons

  • Sheriff, his deputy
  • Other proper court officer
  • For justifiable reasons, any suitable person authorized by the court issuing the summons
• Return of summons


  When the service has been completed, the server shall, within 5 days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiff's counsel, and shall return the summons to the clerk who issued it, accompanied by proof of service
• Issuance of alias summons


  1. If a summons is returned without being served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiff's counsel, stating the reasons for the failure of service, within 5 days therefrom

  2. In such case, or if the summons has been lost, the clerk on demand of the plaintiff, may issue an alias summons
• Modes of summons

  • Service in person on defendants
  • Substituted service
  • Extraterritorial service
  • Service by publication
• Service of summons upon an entity without juridical personality


  1. Upon any one of the defendants

  2. Upon the person in charge of the office or place of business maintained in such name
• Service of summons upon prisoners


  By the officer having the management of the jail or institution who is deemed deputized as a special sheriff
• Service of summons upon minors and incompetents

  1. Personally and on the legal guardian if he has one, or if none, his guardian ad litem

  2. In the case of a minor, service may also be made on his father or mother
• Service of summons upon domestic private juridical entity

  On the President, managing partner, general manager, corporate secretary, treasurer, or in-house counsel
• Service of summons upon foreign private juridical entity

  1. If it has transacted business in the Philippines: On its resident agent designated in accordance with law, or if no such agent, on the government official designated by law, or on any of its officers or agents within the Philippines

  2. If not registered in the Philippines: As the court may order
• Summons


  Legal document that commands a person to appear in court
• Serving summons on an incompetent person

  1. Serve personally on incompetent person

  2. Serve on legal guardian if incompetent person has one

  3. Serve on guardian ad litem if incompetent person has no legal guardian
• Serving summons on a minor

  Serve on minor's father or mother
• Serving summons on a domestic private juridical entity

  Serve on President, managing partner, general manager, corporate secretary, treasurer, or in-house counsel
• Serving summons on a foreign private juridical entity that has transacted business in the Philippines

  1. Serve on resident agent designated in accordance with law

  2. Serve on government official designated by law

  3. Serve on any of its officers or agents within the Philippines
• Serving summons on a foreign private juridical entity not registered in the Philippines

  1. With leave of court, serve by personal service coursed through the appropriate court in the foreign country with the assistance of the DFA

  2. By publication once in a newspaper of general circulation in the country where the 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. By facsimile or any recognized electronic means that could generate proof of service

  4. By such other means as the court may in its discretion direct
• Serving summons on the Republic of the Philippines

  Serve on the Solicitor General
• Serving summons on a Province, City or Municipality, or like public corporations


  Serve on its executive head, or on such other officer or officers as the law or the court may direct
• Serving summons on residents temporarily out of the Philippines

  With leave of court, serve out of the Philippines as under Section 15 (Extraterritorial Service)
• Making a motion for leave of court


  File a written motion supported by affidavit setting forth the grounds for application