MODES OF FILING DATE OF FILING PROOF OF FILING
Personal service The clerk of court shall endorse on the pleading The filing shall be proven by the written or
the date and hour of filing stamped acknowledgement of its filing by the
clerk of court on copy of the pleading or court
submission.
Registered Mail The date of mailing of motions, pleadings, and The filing shall be proven by the registry receipt
other court submissions, and payments or and by the affidavit of the person who mailed it,
deposits, as shown by the post office stamp on containing a full statement of the date and place
the envelope or registry receipt. of deposit of the mail in the post office in a sealed
envelop addressed to the court, with postage
fully prepaid, and with instruction to the
postmaster to return the mail to the sender after
10 calendar days if not delivered.
Accredited courier 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.
E-mail or other electronic means as may be The date of electronic transmission. The same shall be proven by an affidavit of
authorized by the Court electronic filing of the filing party accompanied by
a paper copy of the pleading or other document
transmitted or a written or stamped
acknowledgement of its filing by the clerk of
court. If the paper copy sent by electronic mail
was filed by registered mail, Section 16 (b) shall
apply.
(Other electronic means as may be authorized by
the Court) – the same shall be proven by an
affidavit of electronic filing of the filing party
accompanied by a copy of the electronic
acknowledgement of its filing by the court.
Modes of Service How made? Proof of service Completeness of service
Personal Service 1. May be served by personal delivery of a copy Written admission of the party served; Complete upon actual delivery.
to the party or party’s counsel; or to their Official return of the server; or
authorized representative named in the Affidavit of the party serving,
appropriate pleading or motion; containing a full statement of the date
and place and manner of service
2. By leaving it in his or her office with his or her
clerk or with a person having charge thereof
3. If no person is found in his or her office, or his
or her office is not known, or he has no office
• By leaving the copy, between 8am to
6pm at the party or counsel’s
residence, if known, with a person of
sufficient age and discretion
Registered Mail Shall be made by depositing the copy in the post office, Affidavit of the person mailing stating Actual receipt by the addressee, or
in a sealed envelope, plainly addressed to the party or the facts showing compliance with after 5 calendar days from the date he
party’s counsel at his or her office, if known, otherwise Section 7 (Service by mail) of this Rule or she received the first notice of the
at his or her residence, if known, with postage fully pre- and the registry receipt issued by the postmaster, whichever date is earlier
paid, and with instructions to the postmaster to return mailing office.
the mail to the sender after 10 calendar days if
undelivered. The registry receipt 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.
Ordinary Mail Available only if there is no registry service in the Affidavit of the person mailing stating Complete upon the expiration of 10
locality of either the sender or the addressee the facts showing compliance with calendar days after mailing, unless the
Section 7 of this Rule court otherwise provides.
Substituted Service Delivering the copy to the clerk of court with proof of - The service is complete at the time of
failure of both personal service and service by mail. such delivery
Accredited Courier - Affidavit of service executed by the Complete upon actual receipt by the
person who brought the pleading or addressee, or after at least 2 attempts
paper to the service provided, together to deliver by the courier service, or
with the courier’s official receipt or upon the expiration of 5 calendar days
document tracking number after the first attempt to deliver,
whichever is earlier
Service by electronic NOTE: Service by electronic means and facsimile shall Proof shall be made by an affidavit of Complete at the time of the electronic
means and facsimile be made if the party concerned consents to such service executed by the person who transmission of the document, or when
mode of service. sent the e-mail, facsimile, or other available, at the time that the electronic
electronic transmission, together with a notification of service of the document
1. Service by electronic means – shall be made printed proof of transmittal. is sent. Electronic service is not
by sending an e-mail to the party’s or counsel’s effective or complete if the party
e-mail, or through other electronic means of serving the document learns that it did
transmission as the parties may agree on, or not reach the addressee or person to
upon discretion of the court. be served.
2. Service by facsimile- shall be made by sending
a facsimile copy to the party or counsel’s given Service by facsimile transmission is
facsimile number. complete upon receipt of the other
party, as indicated in the facsimile
transmission printout.
Presumptive Service There shall be presumptive notice to a party of a court setting if such notice appears on the records to have been mailed at least 20
calendar days prior to the scheduled date of hearing and if the addressee is from within the same judicial region of the court where the
case is pending, or at least 30 calendar days if the addressee is from outside judicial region.