Monday, June 10, 2013

Notes on Service and Filing Tabular

Service and Filing. The rule is personal service upon the party or counsel. Otherwise, there should be an explanation. Distinction between substituted service under Rule 13 and Rule 14
Mode
Proof
Rule 13: Pleading, Filing, & court processes
Rule 14 SUMMONS
Personal Service
Note: Service is not made only by party/ies to opposing party/ies, the court also makes service upon parties of judgment; decision, orders, etc.
1. Written admission;
2. Official Return (for service made by the court [sheriff's return/process server]);
Service is deemed completed upon actual receipt
3. Affidavit (if there is refusal to receive service)
1. Personal receipt by party or counsel;
2. By leaving a copy at the residence of the party with a person of suitable age & discretion, residing therein;
3. By leaving a copy with a person in-charge at the office of the party or counsel.
1. Personal receipt by party or counsel;
Substituted Service
Failure of both personal service, & service by registered mail.
Prepare an affidavit stating the foregoing & submit the unserved documents to the court.(Sec. 8)
1. By leaving a copy at the residence of the party with a person of suitable age & discretion, residing therein;
2. By leaving a copy with a person in-charge at the office of the party or counsel.
By mail: ordinary
Registered
1. Affidavit of the person mailing stating the time, place, date of mailing;
Service is deemed completed upon the expiration of 10 days
2. Registry receipt issued by the mailing office (Romulo V Peralta)
Service is deemed completed upon actual receipt, or upon the expiration of 5 days from first notice, whichever comes first
If the registered mail is received by the addressee, the sender will receive a registry return card.
This should be filed with the court as proof of service.
If the registered mail is not received by the addressee, the sender will receive not only a registry return card, but the document/mail matter as well.
These should be filed with the court as proof of service, plus secure from the postmaster a certification as to the reason for the return.
Sending through the postal service (stamped mail)
Date of mailing is date of service
Issued with a registry receipt which must be preserved for later presentation.
The date of mailing is deemed the date of service, or date of filing if what is mailed is the filing/fee.
Filing
Personal
The document appears in the record of the court. You only resort to your "received" copy when the record does not bear out your document.
By submitting by hand to the clerk of court, who in turn stamps acknowledgment, dates & duly signs on the face of the document
By registered mail
1. Affidavit of the person mailing stating the time, place, date of mailing;
2. Registry receipt issued by the mailing office (Romulo V Peralta)
The date of mailing is the date of filing
 
 

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