Civil Procedure: Rule 13 Service of Pleadings

Coverage, Rule 13, Secs. 1, 4

Filing

Defined, Rule 13, Sec. 2

How, Rule 13, Sec. 12

Proof of Filing, Rule 13, Sec. 12

Service

Defined, Rule 13, Sec. 12

Modes of Service

Generally, Rule 13, Sec. 5, Sec. 11

Personal, Rule 13, Sec. 6

Registered Mail, Rule 13, Sec. 7

Substituted Service, Rule 13, Sec. 8

                       

Echaus v. CA

Facts:  Spouses Gonzales file action for collection of debt vs. Echaus.  Ct. orders E to pay.  E files w/ SC certiorari to set aside decision, denied; then mandamus to allow appeal, granted.  E files w/ TC Urgent Motion to Transmit Record on Appeal to CA.  At the hearing, Judge verbally approves the record on appeal in abeyance, until resolution of Gps Motion for Execution of the TC judgment.  E asks CA to order Judge to comply w/ SC decision, denied.  CA says no willful refusal on part of Judge to comply w/ order.  E goes to SC, says her appeal had been perfected when the Judge verbally approved the record on appeal.

Held:  The oral order approving the record on appeal had no juridical existence; to give it that existence it had to be reduced to writing & promulgated (filed w/ clerk of ct.).  But even if it had been written & promulgated, even if it had already been properly served on the parties, it still was w/in the power of the Judge to recall it & set it aside.  For every ct. has the inherent power to amend its process & orders so as to make them conform to law & justice.

No judgment, or order whether final or interlocutory, has juridical existence until & unless it is set down in writing, signed & promulgated, i.e., delivered by Judge to clerk of ct. for filing, release to the parties & implementation & even after this, it does not bind the parties unless & until notice thereof is duly served on them by any of the modes prescribed by law.

Service of Judgments, Final Orders or Resolutions, Rule 13, Sec. 9

Completeness of Service, Rule 13, Sec. 10

Proof of Service, Rule 13, Sec. 12, 13

See also SC Circular No. 19-91

 

Source:  University of the Philippines

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on December 18, 2011, in Civil Procedure and tagged . Bookmark the permalink. Leave a comment.

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