CHAPTER 3

 RULE 18
 Sec. 2. Nature and purpose.
 The pre-trial is mandatory.

 A court that fails to conduct a pre-trial commits a grave abuse of discretion that is
correctible by certiorari unless there is a waiver on the part of the parties as when
they proceeded to trial without the mandatory pre-trial.
 Absence a PRE-TRIAL would not sweep away the whole proceeding as a complete
nullity.
 The resolution of whether or not a pre-trial should again be scheduled in such case
is thus left to the sound discretion of the court.
 The right to pre-trial may be lost by waiver if it is not seasonably invoked.

Where all the issues of fact and of law, however, have already been presented and
ventilated by the parties before the case was decided on its merits, there is no
logical reason to reverse on appeal the decision of the lower court on a mere
allegation that there was no pre-trial in the court below. The issue of lack of pre-trial
may not, generally, be raised for the first time on appeal.
 NO. Pre-trial is mandatory.
 Aside from settlement, there are other matters which the parties are called to
consider, e.g., submission to ADR; simplification of issues, etc.
 When facts are undisputed and the legal issues clearly defined, pre-trial under the
circumstances would not be a necessity even on the assumption that the belated
insistence of its observance by the petitioner was motivated in entire good faith.
 General rule: Amendment of a pleading after pre-trial may authorize another or
supplemental pre-trial. After all, there is no rule that prohibits it.

 Exception: In one case, another pre-trial was considered "impractical, useless and
time-consuming."
 Where the parties executed a Compromise Agreement but did not directly present
it to the court before or during the pre-trial, nor even inform the court about it, pre-
trial pursuant to Rule 18 should be conducted and a party who fails to appear
thereat despite due notice may be non-suited or declared as in default.
 Unless an amicable settlement of a pending case is brought to the attention of the
court and made the basis of a compromise judgment, which has the effect of res
judicata, the amicable settlement may only be binding upon the parties and will
have no effect of terminating the case, or of being the basis of a judicial execution.
 Sec 2, Rule 18 reproduced the purposes of pre-trial under Sec 1 of the old Rule 20
with 2 substantial amendments, viz: (a) the court shall consider submission to
alternative modes of dispute resolution including conciliation and mediation, and
not only arbitration; and (b) it shall also consider thet advisability of judgment on
the pleadings, summary judgment or dismissal of the action on the bases of the
proceedings at the pre-trial conference.

 Pre-trial is primarily intended to make certain that all issues necessary to the
disposition of the case are properly raised. Thus, to obviate the element of surprise,
parties are expected to disclose at a pre-trial conference all issues of law and fact
which they intend to raise at the pre-trial, except such as may involve privilege or
impeaching manner.
 The pre-trial is mandatory. The court shall consider:

 (a) The possibility of an amicable settlement or of a submission to alternative modes of dispute

resolution;
 (b) The simplification of the issues;

 (c) The necessity or desirability of amendments to the pleadings;

 (d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
 (e) The limitation of the number of witnesses;

 (f) The advisability of a preliminary reference of issues to a commissioner;

 (g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the
action should a valid ground therefor be found to exist;
 (h) The advisability or necessity of suspending the proceedings; and

 (i) Such other matters as may aid in the prompt disposition of the action.
CHAPTER 4
 Filing is an act of presenting the pleading or other paper to the clerk of court.
 Service is the act of providing a party with a copy of the pleading or paper
concerned. If any party has appeared by counsel, service upon him shall be made
upon his counsel or one of them, unless service upon the party himself is ordered
by the court. Where the counsel appears for several parties, he shall only be
entitled to one copy of any paper served upon him by the opposite side.
 The filing of pleadings, appearances, motions, notices, orders, judgments and all
other papers shall be made by presenting the original copies thereof, plainly
indicated as such, personally to the clerk of court or by sending them by registered
mail.
 Every judgment, resolution, order, pleading subsequent to the to the complaint,
written motion, notice, appearance, demand, offer of judgment or similar papers
shall be filed with the court and served upon the parties affected.
 Judgment, resolution, order
 A pleading subsequent to the complaint
 A written motion
 A notice
 An appearance
 A demand
 An offer of judgment
 Similar papers
 When a party appears by a counsel in an action or proceeding in court of
record, all notices thereafter required to be given in the action or proceeding
must be given to counsel and not to the client; and a notice given to the client
and not to the counsel is not a notice in law.
 Notice of the decision delivered to an attorney who had already withdrawn is not
binding on the party. Thus, it was held that, a copy of the decision had been
erroneously sent to the attorney who had withdrawn, and the party got the papers
only 2 days before the deadline, equity requires extension of time to appeal.
 -not effective on the client.
 His appointment disqualifies him from continuing with the practice of his
profession. Hence, notice to him when he is no longer qualified to practice may no
longer be considered notice to his client.
 Where a law firm appears as counsel of record for a party, any notice addressed to
it after its dissolution and in the absence of new appearance by any of its members,
is binding on such party.
 Service shall be made either personally or by mail. The receipt of a notice served
by mail, when admitted by the party or proved, amounts in law to a personal
service.
 Service of papers may be made by delivering personally a copy to the party or his
counsel, or by leaving it in his office with his clerk or with a person having charge
thereof. If no person is found in his office, or his office is not known, or he has no
office, then by leaving the copy, between the hours of 8 in the morning and 6 in the
evening, at the party’s or counsel’s residence, if known, with a person of sufficient
age and discretion then residing therein.
 The “delivery” which constitutes personal service under this section need not be
made by the party attempting to make the service, but can be effected through a
clerk or messenger, or through any agency by which a delivery can be made.
 The receipt of notice of hearing by the employee of clerk of attorney is binding
upon the latter, and the client in turn is bound by his lawyer’s negligence.
 Service by registered mail shall be made by depositing in a sealed envelope the
copy to be served in the office, plainly addressed to the party or his counsel at his
office, if known, otherwise at his residence, if known, with postage fully prepaid,
and with instruction to the postmaster to return the mail to the sender after 10 days
if undelivered. If no registry service is available in the locality of either the sender
or the addressee, service may be done by ordinary mail.
 It is the duty of the practicing lawyer to so arrange matters that official or judicial
communications sent by mail will reach him promptly. Failing to do so, he and his
clients must suffer the consequences of his negligence.
 Rule 14
 Sec. 7. Substituted service.
 If, for justifiable causes, the defendant cannot be served within a reasonable time
as provided in the preceding section, service may be effected (a) by leaving
copies of the summons at the defendant's residence with some person of suitable
age and discretion then residing therein, or (b) by leaving the copies at
defendant's office or regular place of business with some competent person in
charge thereof.
 Judgments, final orders or resolutions shall be served either personally or by
registered mail. When a party summoned by application has failed to appear in the
action, judgments, final orders or resolutions against him shall be served upon him
also by publication at the expense of the prevailing party. They cannot be served
by substituted service.
 A party is not considered as having been served with the judgment merely
because he heard the judge dictating in an open court. It is necessary that he be
served with a copy of the signed judgment that has been filed with the court in
order that he may legally be considered as having been served with the judgment.
 Personal service is complete upon actual delivery.
 Service by ordinary mail is complete upon expiration of 10 days after mailing,
unless the court otherwise provides.
 Service by registered mail is complete upon actual receipt by the addressee, or
after 5 days from the date he received the first notice of the postmaster, whichever
date is earlier.
 Whenever practicable, the service and filing of pleadings and other papers shall
be done personally. Except with respect to papers emanating from the court, a
resort to other modes must be accompanied by a written explanation why the
service or filing was not done personally. A violation of this Rule may be cause to
consider the paper as not filed.
 The filing of a pleading or paper shall be proved by its existence in the record of
the case.
 Proof of personal service shall consist of a written admission of the party served, or
the official return of the server, or the affidavit of the party serving, containing a full
statement of the date, place and manner of service. If the service is by ordinary
mail, proof thereof shall consist of an affidavit of the person mailing of facts
showing compliance with Section 7 of this Rule. If the service is made by registered
mail, proof shall be made by such affidavit and the registry receipt issued by the
mailing office. The registry return card shall b filed immediately upon its receipt by
the sender, or in lieu thereof of the unclaimed letter together with the certified or
sworn copy of the notice given by the postmaster to the addressee.
 The party seeking to avail of the fact of service has the burden of proving it.
Prepared by:
Maylene C. Tanay