FILING

MODE PROOF
Personal filing Stamp

Registered mail Registry receipt

Affidavit of person who made the filing

SERVICE
MODE COMPLETENESS PROOF
Personal Actual delivery 1. Written admission
service 2. Official return
3. Affidavit of the person
serving

Mail 1. Expiration of 10 days 1. Affidavit

1. Ordinary 2. Actual receipt or expiration 2. Registry receipt,
2. Registered of 5 days, whichever comes affidavit of the person
INSTANCES OF DEFAULT:
first mailing, return card
1. No defendant
2. Rule 9 – defendant does not file answer within reglementary period
3. Rule 12 – failure to file bill of particulars or answer after the denial of
SUMMONS
such
Natural person Personal service Refusal  tender
4. Rule 18 – failure to appear during pre-trial
- wherever he may be found in 5. Rule 29 – non-compliance of defendant with modes of discovery
the Phils Non-service for other
reasons (impossibility of
REMEDIES FOR JUDGMENT BY DEFAULT:
personal service – 3
1. Motion for new trial
attempts on 2 diff dates)
2. Appeal
 substituted service 3. Petition for relief from judgment
1. Residence – person of
4. Petition for annulment of judgment
sufficient age and
5. Rule 65 – GAD
discretion residing
therein
EXECUTION OF JUDGMENTS
2. Place of business –
competent person in
Rule 39
charge of his office
1 – 14  General Provisions (STUDY)
15 – 34  Conduct of the sale
Juridical person President
35 – 43  Remedies to fully satisfy the judgment
(domestic) Managing partner
44 – 45  Definition of “satisfaction of judgment”
General manager
47 – 48  Effect of judgment
Corporate secretary
Treasurer
15-34
In-house counsel
1. Notices (1) to the obligor and (2) to the public
2. Certificate of Sale
Juridical person Resident agent
(a) Perishable – No
(foreign) Gov official designated by law
(b) PP capable of manual delivery – No
Any officer/ agent in the Phils
(c) PP not capable of manual delivery - Yes
(d) RP - Yes
Not registered in the Phils:
3. Redemption
(w/ leave of court)
- Publication where the
35-43
defendant is found +
1. Call judgment obligor in court
registered mail in the last
2. Call debtors of the judgment obligor in court
known address
3. Court shall issue processes (e.g. subpoena)
- Personal service through
4. Require debtors of the JO to pay sheriff
foreign court, with assistance
5. Payment of judgment award on installment basis if the court
of DFA
finds sufficient property
- Facsimile or other modes of
 non-payment = contempt
electronic means (with proof)
6. Court may appoint receiver  receivership (prov rem)
- Other modes deemed
7. Properties where JO has interest
convenient by the court
8. Properties where JO is believed to own but JO does not
recognize (disputed properties)
Non-juridical Any one
person Person in charge

In prison Person in charge of the Actions of the court after judicial determination of probable cause
management of the detained RTC (PI) 1. Warrant of arrest  bail
persons (warden) 2. Hearing
3. Dismiss
MTC (PI) -same-
MTC (NPI) – 1. Warrant of arrest
exceeding 6 months 2. Hearing
3. Dismiss
MTC (NPI) – not GR: no warrant
exceeding 6 months e: failure to appear after repeated notices
 Summary
Procedure