Filing and service of court submissions

"This is one of the most underestimated processes in handling cases."

- Advertisement -

Filing is the act of submitting a pleading or any other document to the court, while service is the act of providing a party with a copy of the pleading or any other court submission. If a party has appeared by counsel, service upon the party shall be made to his or her counsel (Section 2, Rule 13, 2019 Amendment to the Rules of Civil Procedure [ARCP]).

One of the most underestimated processes in handling cases is the filing and service of pleadings and motions. Some students get bored with this seemingly unimportant topic because they either cannot picture the process in their minds or they think that it is not lawyers’ work.

When law students become lawyers and join law firms or government agencies with litigated cases, they will not be faced with the usual difficulties in filing and service because there are well established processes in these offices. Their errors and oversight may be minimized if not completely avoided.

There is this notion that the filing and service of pleadings, motions or court documents is clerical work. On the contrary, the proper filing and service of pleadings and motions is as important as its proper composition. A pleading or court document that is not filed on time or that is improperly served loses its efficacy and becomes scraps of paper.

The adverse consequences of late or non-filing of pleadings or court submissions is made evident by the following examples: (a) late filing of an appeal will lead to the judgment becoming final and executory; (b) non-filing of an Answer by the defendant may put him in default; and (c) non-filing of a Bill of Particulars if ordered by the court will result to the dismissal of the case (Section 3, Rule 17, ARCP).

It is also possible that the pleadings were filed on time but missed some requirements, such as: (a) a certificate of non-forum shopping in a complaint or petition; (b) defective verification in a petition for certiorari; or (c) non-payment of the appeal docket fees within the reglementary period. All these may result in the dismissal of the complaint or denial of the petition for certiorari or appeal.

On the other hand, the failure to serve a copy of the petition for review on certiorari (appeal to the Supreme Court) or petition for review (appeal to the Court of Appeals) to the other party will result to the dismissal of the appeal (Section 5, Rule 45 and Section 3, Rule 42, Rules of Civil Procedure). Another example is when a party fails to file and serve a Request for Admission on the adverse party. If this happens, they shall not be permitted to present evidence on the facts that are the subject of the request (Section 5, Rule 26, ARCP).

The filing of pleadings and other court submissions shall be made by: (a) personally submitting the original to the court ; (b) sending them by registered mail; (c) sending them by accredited courier; or (d) transmitting them by electronic mail or other electronic means (Section 3, Rule 13, ARCP).

For personal filing, the date and hour of filing endorsed on the pleading shall be the date of filing. For filing through registered mail or an accredited courier, the date of the mailing of the pleading or motion shall be considered as the date of their filing. If service is made by electronic mail, the date of electronic transmission shall be considered as the date of filing (Section 3, Rule 13, ARCP).

The primary proof that a pleading, motion, or document is filed in court is its existence in the record of the case. If the pleading or motion is not in the record, but is claimed to have been filed personally, the filing shall be proven by the written acknowledgment of the clerk of court on a copy of the pleading or court submission retained by the party (Section 16, Rule 13, ARCP).

If the pleading or any other court submission was filed through an accredited courier service, the filing shall be proven by an affidavit of service of the person who brought the pleading or other document to the service provider, together with the courier’s official receipt and document tracking number (Section 16, Rule 13, ARCP).

Pleadings, motions, notices, orders, judgments, and other court

submissions shall be served: (a) personally; (b) by mail, either ordinary or registered; (c) by accredited courier; (d) by electronic mail, facsimile transmission, or other electronic means; or (e) as provided by international conventions to which the Philippines is a party (Sections 5 and 7, Rule 13, ARCP).

The pleadings and motions may be served by personal delivery to the party, to the party’s counsel, or to their authorized representative named in the appropriate pleading or motion. Another option is to leave a copy with the clerk of the party or counsel or with a person having charge of his or her office (Section 6, Rule 13, ARCP).

The proof of personal service to the other party of the pleading or motion shall consist of a written admission of the party served. There will be a written admission if the party served personally acknowledges receipt of the pleading or motion. Otherwise, the affidavit of the server is necessary to show the circumstances of the service and the served party’s refusal to accept it (Section 17, Rule 13, ARCP).

Service by registered mail to the other party shall be proven by the affidavit of service, the registry receipt issued by the mailing office to show the payment of the registry fees, and the registry return card. The registry return card indicates the name and address of the addressee and it is the proof that the registered mail was received by him or her (Section 17, Rule 13, ARCP).

Service by electronic means and facsimile shall be made if the party concerned consents to such modes of service. The service by electronic means shall be made by sending an e-mail to the party’s or counsel’s electronic mail address. Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number (Section 9, Rule 13, ARCP).

However, initiatory pleadings and initial responsive pleadings, such as an answer; subpoenas, protection orders, and writs; and sealed and confidential documents or records, among others, must be served or filed personally or by registered mail when allowed. These pleadings, court submissions or court issuances cannot be served or filed electronically, unless there is express permission by the court (Section 14, Rule 13, ARCP).

It is not only the parties that serve papers and documents but also the court. Unlike the party that serves pleadings and motions, the court serves judgments, final orders, or resolutions either personally or by registered mail (Section 13, Rule 13, ARCP). Service by the court is proven by the official return of its server (Section 17, Rule 13, ARCP), the court sheriff, deputy sheriff or process server.

The 2019 Amendment of the Rules of Civil Procedure introduced the service of a copy of the judgment, final order, or resolution by accredited courier at the expense of any party applying for it. A party summoned by publication who failed to appear in the action shall be served the judgments or final orders by publication as well (Section 13, Rule 13, ARCP).

The court may also electronically serve orders and other documents to all the parties. These types of orders are not the final judgments or final orders that dispose of the case but are interlocutory orders. A paper copy of the order or other document electronically served shall be retained and attached to the records of the case (Section 18, Rule 13, ARCP).

In light of the present pandemic, the Supreme Court had issued various circulars to supplement the provisions of the Rules of Court on electronic filing and service. Interestingly, when the amendments to it were being drafted in 2019, the intention was to usher the judicial system towards digital filing and service without knowing that the pandemic will set in.

Pleadings and court submissions can be easily prepared by lawyers. However, if the Rules on filing and service are overlooked, the consequences may be prejudicial to the client. Prudence and the care of lawyers toward their clients’ interest should extend to the filing and service of pleadings and court submissions.