(c) Effect of partial default.

— When a pleading asserting a claim

Rule 9 states a common cause of action against several defending
Effect of Failure to Plead parties, some of whom answer and the others fail to do so, the
court shall try the case against all upon the answers thus filed
SECTION 1. Defenses and objections not pleaded. — Defenses and and render judgment upon the evidence presented. (4a, R18)
objections not pleaded either in a motion to dismiss or in the answer
are deemed waived. However, when it appears from the pleadings or (d) Extent of relief to be awarded. — A judgment rendered against
the evidence on record that the court has no jurisdiction over the subject a party in default shall not exceed the amount or be different in
matter, that there is another action pending between the same parties kind from that prayed for nor award unliquidated damages. (5a,
for the same cause, or that the action is barred by a prior judgment or R18)
by statute of limitations, the court shall dismiss the claim. (2a)

SECTION 2. Compulsory counterclaim, or cross-claim not set up (e) Where no defaults allowed. — If the defending party in an action for
barred. — A compulsory counterclaim, or a cross-claim, not set up shall annulment or declaration of nullity of marriage or for legal separation
be barred. (4a) fails to answer, the court shall order the Solicitor General or his or her
deputized public prosecutor to investigate whether or not a collusion
SECTION 3. Default; declaration of . — If the defending party fails to between the parties exists, and if there is no collusion, to intervene for
answer within the time allowed therefor, the court shall, upon motion of the State in order to see to it that the evidence submitted is not
the claiming party with notice to the defending party, and proof of such fabricated. (6a, R18)
failure, declare the defending party in default. Thereupon, the court
shall proceed to render judgment granting the claimant such relief as
his pleading may warrant, unless the court in its discretion requires the Effect of Failure to Plead
claimant to submit evidence. Such reception of evidence may be
delegated to the clerk of court. (1a, R18)

(a) Effect of order of default. — A party in default shall be entitled Failure to Plead Defenses and Objections
to notice of subsequent proceedings but not to take part in the
trial. (2a, R18) The general rule is that defenses and objections not raised in a motion
to dismiss or in the answer, are deemed waived. However, there are
(b) Relief from order of default. — A party declared in default may four exceptions:
at any time after notice thereof and before judgment file a
motion under oath to set aside the order of default upon proper 1. lack of jurisdiction over the subject matter
showing that his failure to answer was due to fraud, accident,
mistake or excusable negligence and that he has a meritorious 2. litis pendentia
defense. In such case, the order of default may be set aside on
such terms and conditions as the judge may impose in the 3. res judicata
interest of justice. (3a, R18)
4. prescription of the action

1
If these grounds appear from the pleadings or the evidence on record, Thus, these are the following requisites for a party to be declared
the court shall dismiss the claim. in default:
The waiver under Section 1 of Rule 9 is not irrevocable and relief may 1. The court has validly acquired jurisdiction over the
be obtained from the consequences of such waiver by an amendment person of the defending party, either through service of
of the answer with leave of court. However, such amendment will not summons or voluntary appearance.
be allowed if the purpose of the amendment is to confer jurisdiction of
the court or the pleading itself does not state a cause of action. 2. The claiming party must file a motion to declare the
defending party in default.
Failure to Plead a Compulsory Counterclaim 3. The claiming party must prove that the defending
and Cross-Claim party has failed to answer within the period provided
by the Rules of Court.
A compulsory counterclaim, or a cross-claim, not set up shall be barred.
4. The defending party must be notified of the motion to
declare him in default.
Default
Generally, a motion to declare a party in default is an
indispensable requisite for the court to declare the defending
party in default.
When is Declaration of Default Proper?
The courts cannot motu proprio declare the defending party
Default is a procedural concept that occurs when the defending party in default. After all, the court cannot act as the counsel of the claiming
fails to file his answer within the reglementary period. A declaration or party.
order of default is issued as a punishment for unnecessary delay in
joining the issues.
Effect of an Order of Default
If the defending party fails to answer within the time allowed
therefor, the court shall, upon motion of the claiming party with The party declared in default loses his standing in court.
notice to the defending party, and proof of such failure, declare the
defending party in default. The loss of such standing prevents him from taking part in the
trial. He forfeits his rights as a party litigant, has no right to present
Thereupon, the court shall proceed to render judgment granting the evidence supporting his allegations, to control the proceedings or
claimant such relief as his pleading may warrant, unless the court in its cross-examine witnesses.
discretion requires the claimant to submit evidence. Such reception of
evidence may be delegated to the clerk of court. While the defendant can no longer take part in the trial, he is,
nevertheless, entitled to notices of subsequent proceedings. It is
submitted that he may participate in the trial not as a party, but as
a witness.

2
When a party is declared in default, the court may either: answer was due to fraud, accident, mistake or
excusable negligence and that he or she has
(a) Proceed to render judgment granting the claimant such meritorious defense. (Sec. 3 (b), Rule 9)
relief as his pleading may warrant; or
2. If the judgment has already been rendered when the
(b) Require the claimant to submit evidence ex parte. defendant discovered the default, but before the same
has become final and executory, he may file a motion
This choice is a matter of judicial discretion. Should the court require for new trial under Rule 37.
the reception of the evidence, such task may be delegated to the clerk
of court. He may also appeal from the judgment as being
contrary to the evidence or the law. The right to appeal
A declaration of default is not tantamount to an admission of the truth from a judgment by default is not to be denied the
or the validity of the plaintiff’s claims. party aggrieved;

The mere fact that the defendant was not able to answer the complaint 3. The defendant may file a petition for relief from
does not automatically mean that the trial court will render a judgment Judgment under Rule 38; (Section 1 of Rule 38); and
in favor of the plaintiff. The trial court must still determine whether the
plaintiff is entitled to the reliefs prayed for. 4. He may also appeal from the judgment rendered
against him as contrary to the evidence or to the law,
even if no petition to set aside the order of default has
Relief from an Order of Default been presented by him.
Section 3 (b) of Rule 9 of the Rules of Court states that, “A party (Sec. 2, Rule 41) (See Ramnani vs. Court of Appeals [221
declared in default may at any time after notice thereof and before SCRA 582].)
judgment file a motion under oath to set aside the order of default upon
proper showing that his failure to answer was due to fraud, accident,
mistake or excusable negligence and that he has a meritorious Effect of A Partial Default
defense.
When a pleading asserting a claim states a common cause of action
In such case, the order of default may be set aside on such terms and against several defending parties, some of whom answer and the
conditions as the judge may impose in the interest of justice.” The others fail to do so, the court shall try the case against all upon the
current judicial trend is that the courts should be liberal in setting aside answers thus filed and render judgment upon the evidence presented.
orders of default. Thus, judgments by default are frowned upon.

However, the abovementioned provision is incomplete. In fact, the

Extent of Relief
remedies of a defending party declared in default by the courts are the
following: A judgment rendered against a party in default shall not exceed the
amount or be different in kind from that prayed for nor award
1. File a motion under oath to set aside the order of unliquidated damages.
default upon proper showing that his or her failure to

3
 the initiatory pleading is not accompanied by payment of
the docket fee, the court may allow payment of the fee
Actions Where Default Are Not Allowed within a reasonable time but in no case beyond the
applicable prescriptive or reglementary period.
Default is not allowed in the following actions:
2. The same rule applies to permissive counterclaims, third-
1. Annulment of marriage; party claims and similar pleadings, which shall not be
considered filed until and unless the filing fee prescribed
2. Declaration of nullity of marriage; and therefor is paid. The court may also allow payment of said
fee within a reasonable time but also in no case beyond
3. Legal separation. its applicable prescriptive or reglementary period.

If no such answers are filed, the court shall order the Solicitor General 3. Where the trial court acquires jurisdiction over a claim by
or his or her prosecuting attorney to investigate whether or not a the filing of the appropriate pleading and payment of the
collusion exists between the parties, and if there is no collusion, prescribed filing fee but, subsequently, the judgment
the court shall order said prosecuting attorney to intervene for the awards a claim not specified in the pleading, or if specified
State in order to see to it that the evidence submitted is not the same has been left for determination by the court, the
fabricated. additional filing fee therefor shall constitute a lien on the
judgment. It shall be the responsibility of the Clerk of Court
or his duly authorized deputy to enforce said lien and
Docket Fees assess and collect the additional fee.

The Court acquires jurisdiction over any case only upon the payment Bear in mind that if the defending party raises this issue, it should be
of the prescribed docket fee. Thus, all complaints, petitions, answers raised either in a Motion to Dismiss or an Answer. Failure of which, the
and other similar pleadings should specify the amount of damages defense is deemed waived.
being prayed for not only in the body of the pleading but also in the
prayer, and said damages shall be considered in the assessment of the Furthermore, the Supreme Court in The Heirs of Reinoso, Sr. vs. Court
filing fees in any case. Any pleading that fails to comply with this of Appeals, 654 SCRA 1, that:
requirement shall not be accepted nor admitted, or shall otherwise be
expunged from the record. (Manchester Development Corp. vs. Court Notwithstanding the mandatory nature of the requirement of payment
of Appeals, 149 SCRA 562.) of appellate docket fees, we also recognize that its strict application is
qualified by the following:
Thus, the Supreme Court in the landmark case of Sun Insurance Office
vs. Asuncion, 170 SCRA 274, enunciated the following guidelines in the 1. first, failure to pay those fees within the reglementary
payment of the docket fees: period allows only discretionary, not automatic, dismissal;

1. It is not simply the filing of the complaint or appropriate 2. second, such power should be used by the court in
initiatory pleading, but the payment of the prescribed conjunction with its exercise of sound discretion in
docket fee, that vests a trial court with jurisdiction over the accordance with the tenets of justice and fair play, as well
subject-matter or nature of the action. Where the filing of
4
 as with a great deal of circumspection in consideration of RULE 13
all attendant circumstances. Filing and Service of Pleadings, Judgments and Other Papers

SECTION 1. Coverage. — This Rule shall govern the filing of all

pleadings, motions, and other court submissions, as well as the service
thereof, except those for which a different mode of service is
prescribed. (n)

SECTION 2. Filing and service, defined. — Filing is the act

of submitting the pleading or other paper to court.
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 such party shall be made upon his or her counsel or one of them,
unless service upon the party and the party's counsel is ordered by the
court. Where one counsel appears for several parties, such
counsel shall only be entitled to one copy of any paper served upon him
by the opposite side. (2a)
Where several counsels appear for one party, such party shall be
entitled to only one copy of any pleading or paper to be served upon
the lead counsel if one is designated, or upon any one of them if there
is no designation of a lead counsel.

SECTION 3. Manner of filing. — The filing of pleadings and other court

submissions shall be made by:

(a) Submitting personally the original thereof, plainly indicated as such,

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 as

may be authorized by the Court in places where the court is
electronically equipped.
In the first case, the clerk of court shall endorse on the pleading the
date and hour of filing. In the second and third cases, the date of the
mailing of motions, pleadings, or any other papers or payments or
Rule 13 deposits, as shown by the post office stamp on the envelope or the
registry receipt, shall be considered as the date of their filing, payment,
5
or deposit in court. The envelope shall be attached to the record of the party or his counsel being unknown, service may be made by delivering
case. In the fourth case, the date of electronic transmission shall be the copy to the clerk of court, with proof of failure of both personal
considered as the date of filing. (1a) service and service by mail. The service is complete at the time of such
delivery. (6a)
SECTION 4. Papers required to be filed and served. — Every judgment,
resolution, order, pleading subsequent to the complaint, written motion, SECTION 9. Service by electronic means and facsimile. - Service by
notice, appearance, demand, offer of judgment or similar papers shall electronic means and facsimile shall be made if the party concerned
be filed with the court, and served upon the parties affected. consents to such modes of service.
Service by electronic means shall be made by sending an e-mail to the
SECTION 5. Modes of service. — Pleadings, motions, notices, orders, party's or counsel's electronic mail address, or through other electronic
judgments and other court submissions shall be served personally or means of transmission as the parties may agree on, or upon direction
by registered mail, accredited courier, electronic mail, facsimile of the court.
transmission, other electronic means as may be authorized by the Service by facsimile shall be made by sending a facsimile copy to the
Court, or as provided for in international conventions to which the party's or counsel's given facsimile number. (n)
Philippines is a party. (3a)
SECTION 10. Presumptive service. - There shall be presumptive notice
SECTION 6. Personal service. — Court submissions may to a party of a court setting if such notice appears on the records to
be served by personal delivery of a copy to the party or to the have been mailed at least twenty (20) calendar days prior to the
party's counsel, or to their authorized representative named in the scheduled date of hearing and if the addressee is from within the
appropriate pleading or motion, by leaving it in his office with his clerk judicial region, or at least thirty (30) calendar days if the addressee is
or with a person having charge thereof. If no person is found in his or from outside the judicial region. (n)
her office, or his or her office is not known, or he or she has no office,
then by leaving the copy, between the hours of eight in the morning and SECTION 11. Change of electronic mail address or facsimile number.
six in the evening, at the party's or counsel's residence, if known, with - A party who changes his or her electronic mail address or facsimile
a person of sufficient age and discretion then residing therein. (4a) number while the action is pending must promptly file, within five (5)
calendar days from such change, a notice of change of e-mail address
SECTION 7. Service by mail. — Service by registered mail shall be or facsimile number with the court and serve the notice on all other
made by depositing the copy in the post office, in a sealed envelope, parties.
plainly addressed to the party or to the party's counsel at his or Service through the electronic mail address or facsimile number of a
her office, if known, otherwise at his or her residence, if known, with party shall be presumed valid unless such party notifies the court of any
postage fully pre-paid, and with instructions to the postmaster to return change, as aforementioned. (n)
the mail to the sender after ten (10) calendar days if undelivered. If no
registry service is available in the locality of either the sender or the SECTION 12. Electronic mail and facsimile subject and title of
addressee, service may be done by ordinary mail. (5a) (Corrected by pleadings and other documents. - The subject of the electronic mail and
Bar Matter No. 803, Supreme Court Resolution dated February 17, facsimile must follow the prescribed format: case number, case title and
1998) the pleading, order or document title. The title of each electronically-
filed or served pleading or other document, and each submission
SECTION 8. Substituted service. — If service of pleadings, motions, served by facsimile shall contain sufficient information to enable the
notices, resolutions, orders and other papers cannot be made under court to ascertain from the title: (a) the party or parties filing or serving
the two preceding sections, the office and place of residence of the
6
the paper, (b) nature of the paper, (c) the party or parties against whom
relief, if any, is sought, and (d) the nature of the relief sought. (n) Electronic service is complete at the time of the electronic transmission
of the document, or when available, at the time that the electronic
SECTION 13. Service of judgments, final orders or resolutions. — notification of service of the document is sent. Electronic service is not
Judgments, final orders or resolutions shall be served either personally effective or complete if the party serving the document learns that it did
or by registered mail. Upon ex parte motion of any party in the case, a not reach the addressee or person to be served.
copy of the judgment, final order, or resolution may be delivered by
accredited courier at the expense of such party. When a party Service by facsimile transmission is complete upon receipt by the other
summoned by publication has failed to appear in the action, judgments, party, as indicated in the facsimile transmission printout. (10)
final orders or resolutions against him or her shall be served upon
him or her also by publication at the expense of the prevailing party. SECTION 16. Proof of filing. — The filing of a pleading or any other
(7a) court submission shall be proved by its existence in the record of the
case.
SECTION 14. Conventional service or filing of orders, pleadings and
other documents. - Notwithstanding the foregoing, the following orders, (a) If the pleading or any other court submission is not in the record, but
pleadings, and other documents must be served or filed personally or is claimed to have been filed personally, the filing shall be proved by
be registered mail when allowed, and shall not be served or filed the written or stamped acknowledgment of its filing by the clerk of court
electronically, unless express permission is granted by the Court: on a copy of the pleading or court submission;

(a) Initiatory pleadings and initial responsive pleadings, such as an (b) If the pleading or any other court submission was filed by registered
answer; mail, the filing shall be proven by the registry receipt and by the affidavit
of the person who mailed it, containing a full statement of the date and
(b)Subpoenae, protection orders, and writs; place of deposit of the mail in the post office in a sealed envelope
addressed to the court, with postage fully prepaid, and with instructions
(c) Appendices and exhibits to motions, or other documents that are not to the postmaster to return the mail to the sender after ten
readily amenable to electronic scanning may, at the option of the party (10) calendar days if not delivered.
filing such, be filed and served conventionally; and
(c) If the pleading or any other court submission was filed through an
(d) Sealed and confidential documents or records. (n) accredited courier service, the filing shall be proven by an affidavit of
service of the person who brought the pleading or other document to
SECTION 15. Completeness of service. — Personal service is the service provider, together with the courier's official receipt and
complete upon actual delivery. Service by ordinary mail is complete document tracking number.
upon the expiration of ten (10) calendar days after mailing, unless the
court otherwise provides. Service by registered mail is complete upon (d) If the pleading or any other court submission was filed by electronic
actual receipt by the addressee, or after five (5) calendar days from the mail, the same shall be proven by an affidavit of electronic filing of the
date he or she received the first notice of the postmaster, whichever filing party accompanied by a paper copy of the pleading or other
date is earlier. Service by accredited courier is complete upon actual document transmitted or a written or stamped acknowledgment of its
receipt by the addressee, or after at least two (2) attempts to deliver by filing by the clerk of court. If the paper copy sent by electronic mail was
the courier service, or upon the expiration of five (5) calendar days after filed by registered mail, paragraph
the first attempt to deliver, whichever is earlier. (b) of this Section applies.
7
 names of the parties and the object of the action or defense, and a
(e) If the pleading or any other court submission was filed through other description of the property in that province affected thereby. Only from
authorized electronic means, the same shall be proven by an affidavit the time of filing such notice for record shall a purchaser, or
of electronic filing of the filing party accompanied by a copy of the encumbrancer of the property affected thereby, be deemed to have
electronic acknowledgment of its filing by the court. (12) constructive notice of the pendency of the action, and only of its
pendency against the parties designated by their real names.
SECTION 17. Proof of service. — Proof of personal service shall
consist of a written admission of the party served, or the official return The notice of lis pendens hereinabove mentioned may be cancelled
of the server, or the affidavit of the party serving, containing a full only upon order of the court, after proper showing that the notice is for
statement of the date, place and manner of service. If the service is by: the purpose of molesting the adverse party, or that it is not necessary
to protect the rights of the party who caused it to be recorded. (24a,
(a) Ordinary mail. - Proof thereof shall consist of an affidavit of the R14)
person mailing of facts showing compliance with section 7 of this Rule.

(b) Registered mail. - Proof shall be made by such affidavit mentioned Rule 11
above and the registry receipt issued by the mailing office. The registry
return card shall be filed immediately upon its receipt by the sender, or When to File Responsive Pleadings
in lieu thereof the unclaimed letter together with the certified or sworn
copy of the notice given by the postmaster to the addressee. SECTION 1. Answer to the complaint. — The defendant shall file his
answer to the complaint within thirty (30) calendar days after service of
(c) Accredited courier service. - Proof shall be made by an affidavit of summons, unless a different period is fixed by the court. (1a)
service executed by the person who brought the pleading or paper to
the service provider, together with the courier's official receipt or SECTION 2. Answer of a defendant foreign private juridical entity. —
document tracking number. Where the defendant is a foreign private juridical entity and service of
summons is made on the government official designated by law to
(d) Electronic mail, facsimile, or other authorized electronic means of receive the same, the answer shall be filed within sixty (60)
transmission. - Proof shall be made by an affidavit of service executed calendar days after receipt of summons by such entity. (2a)
by the person who sent the e-mail, facsimile, or other electronic
transmission, together with a printed proof of transmittal. (13) SECTION 3. Answer to amended complaint. — Where the plaintiff files
an amended complaint as a matter of right, the defendant shall answer
SECTION 18. Court-issued orders and other documents. - The court the same within thirty (30) calendar days after being served with a copy
may electronically serve orders and other documents to all the parties thereof.
in the case which shall have the same effect and validity as provided Where its filing is not a matter of right, the defendant shall answer the
herein. A paper copy of the order or other document electronically amended complaint within fifteen (15) calendar days from notice of the
served shall be retained and attached to the record of the case. (n) order of admitting the same. An answer earlier filed may serve as the
SECTION 19. Notice of lis pendens. — In an action affecting the title or answer to the amended complaint if no new answer is filed.
the right of possession of real property, the plaintiff and the defendant,
when affirmative relief is claimed in his answer, may record in the office This Rule shall apply to the answer to an amended counterclaim,
of the registry of deeds of the province in which the property is situated amended cross-claim, amended third (fourth, etc.)-party complaint, and
a notice of the pendency of the action. Said notice shall contain the amended complaint-in-intervention. (3a)
8
SECTION 4. Answer to counterclaim or cross-claim. — A counterclaim A motion for extension to file any pleading, other than an answer, is
or cross-claim must be answered within twenty (20) calendar days from prohibited and considered a mere scrap of paper. The
service. (4) court, however, may allow any other pleading to be filed after the time
fixed by these Rules. (7)
SECTION 5. Answer to third (fourth, etc.)-party complaint. — The time
to answer a third (fourth, etc.)-party complaint shall be governed by the
same rule as the answer to the complaint. (5a) Filing & Service of Pleadings
SECTION 6. Reply. — A reply, if allowed under Section 10, Rule 6 Definitions
hereof, may be filed within fifteen (15) calendar days from service of the
pleading responded to. (6)
Filing is the act of submitting the pleading or other paper to the court.
SECTION 7. Answer to supplemental complaint. — A supplemental Service is the act of providing a party with a copy of the pleading or any
complaint may be answered within twenty (20) calendar days from other court submission. If a party has appeared by counsel, service
notice of the order admitting the same, unless a different period is fixed upon such party shall be made upon his or her counsel or one of them,
by the court. The answer to the complaint shall serve as the answer to unless service upon the party and the party’s counsel is ordered by the
the supplemental complaint if no new or supplemental answer is filed. court. Where one counsel appears for several parties, such shall only
(n) be entitled to one copy of any paper served upon him by the opposite
side.
SECTION 8. Existing counterclaim or cross-claim. — A compulsory
counterclaim or a cross-claim that a defending party has at the time he It is possible that a party will hire several counsels. Where several
files his answer shall be contained therein. (8a, R6) counsels appear for one party, such party shall be entitled to only one
copy of any pleading or paper to be served upon the legal counsel if
SECTION 9. Counterclaim or cross-claim arising after answer. — A one is designated, or upon any one of them if there is no designation of
counterclaim or a cross-claim which either matured or was acquired by a lead counsel.
a party after serving his pleading may, with the permission of the court, Every judgment, resolution, order, pleading subsequent to the
be presented as a counterclaim or a cross-claim by supplemental complaint, written motion, notice, appearance, demand, offer of
pleading before judgment. (9, R6) judgment or similar papers shall be filed with the court, and served upon
the parties affected.
SECTION 10. Omitted counterclaim or cross-claim. — When a pleader
fails to set up a counterclaim or a cross-claim through oversight,
inadvertence, or excusable neglect, or when justice requires, he may,
by leave of court, set up the counterclaim or cross-claim by amendment Period of Filing of Pleadings
before judgment. (3a, R9)

SECTION 11. Extension of time to file an answer. — A defendant may, Before, the defendant had fifteen (15) days to file an answer. The
for meritorious reasons, be granted an additional period of not more present rule is different now. The defendant shall file his answer to the
than thirty (30) calendar days to file an answer. A defendant is only complaint within thirty (30) calendar days after service of summons,
allowed to file one (1) motion for extension of time to file an answer. unless a different period is fixed by the court.

9
Where the defendant is a foreign private juridical entity and service of a party after serving his pleading may, with the permission of the court,
summons is made on the government official designated by law to be presented as a counterclaim or a cross-claim by supplemental
receive the same, the answer shall be filed within sixty (60) calendar pleading before judgment.
days after receipt of summons by such entity. The old rule provided for
a thirty (30) day period. When a pleader fails to set up a counterclaim or a cross-claim through
oversight, inadvertence, or excusable neglect, or when justice requires,
Where the plaintiff files an amended complaint as a matter of right, the he may, by leave of court, set up the counterclaim or cross-claim by
defendant shall answer the same within thirty (30) calendar days after amendment before judgment.
being served with a copy thereof. Before, the rule was that the
defendant had fifteen (15) days. Why does the present Rules grant a longer period? One possible
reason is that a Complaint alleges both ultimate facts and evidentiary
Where its filing is not a matter of right, the defendant shall answer the facts, which makes it much more detailed. Naturally, the counsel will
amended complaint within fifteen (15) calendar days from notice of the need more time to prepare a response to the Complaint.
order of admitting the same. An answer earlier filed may serve as the
answer to the amended complaint if no new answer is filed. The old rule Although the Supreme Court is generous in granting the period to file
provided for a ten (10) day period. the Answer, the Court is not so generous in granting extensions of time
to file Answer. A defendant may, for meritorious reasons, be granted
This Rule shall apply to the answer to an amended counterclaim, an additional period of not more than thirty (30) calendar days to file an
amended cross-claim, amended third (fourth, etc.)-party complaint, and Answer. A defendant is only allowed to file one (1) motion for extension
amended complaint-in-intervention of time to file an Answer.
A counterclaim or cross-claim must be answered within twenty (20) A motion for extension of time to file a pleading, other than the Answer,
calendar days from service. The old rule states that the defendant had is prohibited and considered a mere scrap of paper. The court,
ten (10) days. however, may allow any other pleading to be filed after the time fixed
by these Rules.
The time to answer a third (fourth, etc.)-party complaint shall be
governed by the same rule as the answer to the complaint.
A reply may be filed within twenty (20) calendar days from service of
the pleading responded to. This is only allowed if the defending party
Manner of Filing
attaches an actionable document to his or her answer. The old rule
provided for a ten (10) day period. The filing of pleadings and other court submissions are done by:
A supplemental complaint may be answered within twenty (20) 1. Submitting personally the original thereof, plainly indicated
calendar days from notice of the order admitting the same, unless a as such, to the court;
different period is fixed by the court. The answer to the complaint shall 2. Sending them by registered mail;
serve as the answer to the supplemental complaint if no new or 3. Sending them by accredited courier; or
supplemental answer is filed. The old rule provided for the ten (10) day 4. Transmitting them by electronic mail or other electronic
period. means as may be authorized by the Court in places where
A compulsory counterclaim or a cross-claim that a defending party has the court is electronically equipped.
at the time he files his answer shall be contained therein. A In the first case, the clerk of court shall endorse on the pleading the
counterclaim or a cross-claim which either matured or was acquired by date and hour of filing. In the second and third cases, the date of the
10
mailing of motions, pleadings, or any other papers or payments or Service by Mail
deposits, as shown by the post office stamp on the envelope or the
registry receipt, shall be considered as the date of their filing, payment,
or deposit in court. The envelope shall be attached to the record of the Service by registered mail shall be made by depositing the copy in the
case. In the fourth case, the date of the electronic transmission shall be post office, in a sealed envelope, plainly addressed to the party or to
considered as the date of filing. the party’s counsel at his or her office, if known, otherwise at his or her
residence, if known, with postage fully pre-paid, and with instructions to
Sending by accredited courier or by electronic mail are entirely new the postmaster to return the mail to the sender after ten (10) calendar
methods of filing of pleadings and other court submissions were not days if undelivered. If no registry service is available in the locality of
present under the previous rules. The obvious reason is the either the sender or the addressee, service may be done by ordinary
development of new technologies. mail.

Modes of Service Accredited Courier

Service of pleadings, motions, notices, orders, judgments and other Apparently, there are no rules specifying the method of service by
court submissions shall be served personally or by registered mail, accredited courier. It may entirely depend on the services that the
accredited courier, electronic mail, facsimile transmission, other accredited courier offers. Some may only offer an office for a party to
electronic means as may be authorized by the Court, or as provided for send by courier. Others will allow pick-up service.
in international conventions to which the Philippines is a party. Again,
the reason for the present rules to include the methods of service by
accredited courier, electronic mail, facsimile transmission or other
electronic means is because of advancing technologies.
Substituted Service

If service of pleadings, motions, notices, resolutions, orders and other

Personal Service papers cannot be made either by personal service or service by
registered mail, the office and place of residence of the party or his
counsel being unknown, service may be made by delivering the copy
Court submissions may be served by personal delivery of a copy to the to the clerk of court, with proof of failure of both personal service and
party or to the party’s counsel, or to their authorized representative service by mail. The service is complete at the time of such delivery.
named in the appropriate pleading or motion, or by leaving it in his or
her office with his or her clerk or with a person having charge thereof.
If no person is found in his or her office, or his or her office is not known,
or he or she has no office, then by leaving the copy, between the hours
Service by Electronic Means and Facsimile
of eight in the morning and six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient age and discretion then Service by electronic means and facsimile shall be made if the party
residing therein. concerned consents to such mode of service.

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Service by electronic means shall be made by sending an e-mail to the at the option of the party filing such, be filed and served
party’s or counsel’s electronic mail address, or through other electronic conventionally; and
means of transmission as the parties may agree on, or upon direction 4. Sealed and confidential documents or records.
of the court.
Service by facsimile shall be made by sending a facsimile copy to the
other party’s or counsel’s given facsimile number. Service of Judgments, Final Orders or Resolutions
A party who changes his or her electronic mail address or facsimile
number while the action is pending must promptly file, within five (5) Judgments, final orders or resolutions shall be served either personally
calendar days from such change, a notice of change of e-mail address or by registered mail. Upon ex-parte motion of any party in the case, a
or facsimile number with the court and serve the notice on all other copy of the judgment, final order or resolution may be delivered by
parties. accredited courier at the expense of such party. When a party
summoned by publication has failed to appear in the action, judgments,
Service through electronic mail address or facsimile number of a party final orders or resolutions against him or her shall be served upon him
shall be presumed valid unless such party notifies the court of any or her also by publication at the expense of the prevailing party.
change, as aforementioned.
The subject of the electronic mail or facsimile must follow the prescribed
format: case number, case title and the pleading, order or document Court-issued Orders and Other Documents
title. The title of each electronically filed or served pleading or other
document, and each submission served by facsimile shall contain
sufficient information to enable the court to ascertain from the title: (a) The court may electronically serve orders and other documents to all
the party or parties filing or service of paper, (b) nature of the paper, (c) the parties in the case which shall have the same effect and validity as
the party or parties against whom relief, if any, is sought, and (d) the provided herein. A paper copy of the order or other document
nature of the relief sought. electronically served shall be retained and attached to the record of the
case.

Exception
When Service Is Deemed Completed
Notwithstanding the foregoing, the following orders, pleadings and
other documents must be served or filed personally or by registered Personal service is complete upon actual delivery. Service by ordinary
mail when allowed, and shall not be served or filed electronically, unless mail is complete upon the expiration of ten (10) calendar days after
express permission is granted by the Court: mailing, unless the court otherwise provides. Service by registered mail
is complete upon actual receipt by the addressee, or after five (5)
1. Initiatory pleadings and initial responsive pleadings, such calendar days from the date he or she received the first notice of the
as an answer; postmaster, whichever date is earlier. Service by accredited courier is
2. Subpoenae, protection orders and writs; deemed complete upon actual receipt by the addressee, or after at least
3. Appendices and exhibits to motions, or other documents two (2) attempts to deliver by the courier service, or upon expiration of
that are not readily amenable to electronic scanning may, five (5) calendar days after the first attempt to deliver, whichever is
earlier.
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Electronic service is complete at the time of the electronic transmission filed by registered mail, then you follow the proof of filing by registered
of the document, or when available, at the time that the electronic mail.
notification of service of the document is sent. Electronic service is not
effective or complete if the party serving the document learns that it did If the pleading or any other court submission was filed through other
not reach the addressee or person to be served. This is especially true authorized electronic means, the same shall be proven by an affidavit
if the e-mail bounced. of electronic filing of the filing party accompanied by a copy of the
electronic acknowledgment of its filing by the court.
Service by facsimile transmission is complete upon receipt by the other
party, as indicated in the facsimile transmission printout. Proof of Service
Proof of Filing
If the pleading or other court submissions are served personally, the
proof of such service consist of a written admission of the party served,
The most definite proof of filing of a pleading or any other court or the official return of the server, or the affidavit of the party serving,
submission is its existence in the records of the case. In other words, if containing a statement of the date, place, and manner of service.
the pleading or other document is in the court records, that is the most
definite proof. If the service is made by ordinary mail, proof shall consist of an affidavit
of the person stating the facts showing compliance of the proper service
If the pleading or any other court submission is not in the record, but is by mail. Proof of service by registered mail is the same with the addition
claimed to have been filed personally, the filing shall be proven by the of attaching a registry receipt issued by the mailing office. The registry
written or stamped acknowledgment of its filing by the clerk of court on return card should be filed immediately upon its receipt by the sender.
a copy of the pleading or court submission.
If the service is made by accredited courier service, proof shall be made
If the pleading or any other court submission was filed by registered by an affidavit of service executed by the person who brought the
mail, the filing shall be proven by the registry receipt and by the affidavit pleading or paper to the service provider, together with the courier’s
of the person who mailed it, containing a full statement of the date and official receipt or document tracking number.
place of deposit of postage fully prepaid, and with instructions to the
postmaster to return the mail to the sender after ten (10) calendar days If the service is made by electronic mail, facsimile or other authorized
if not delivered. electronic means of transmission, proof shall be made by an affidavit of
service executed by the person who sent the e-mail, facsimile, or other
If the pleading or any other court submission was filed through an electronic transmission, together with a printed proof of transmittal.
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.
If the pleading or any other court submission was filed by electronic
mail, the same shall be proven by an affidavit of electronic filing of the
filing party accompanied by a paper copy of the pleading or other
document transmitted or a written or stamped acknowledgment of its
filing by the clerk of court. If the paper copy sent by electronic mail was

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