Civil Procedure: Rule 13 Service of Pleadings
Coverage, Rule 13, Secs. 1, 4
Defined, Rule 13, Sec. 2
How, Rule 13, Sec. 12
Proof of Filing, Rule 13, Sec. 12
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