CIRCULAR
NO. 19-91
TO: ALL
MEMBERS
OF THE BAR
SUBJECT:
PRESCRIBING STRICT COMPLIANCE WITH SECTIONS 3 AND 5 IN RELATION TO
SECTION
10 OF RULE 13 OF THE RULES OF COURT ON SERVICE OF PETITION OR MOTION
FOR
EXTENSION.
This Court has observed
the practice of counsel who, in filing motions for extension or
petitions,
fail to comply with the requirements of Circular No. 1-88 which took
effect
on January 1, 1989, as revised on July 1, 1997 particularly paragraph 2
thereof [Form and Service of Petition] in conjunction with Sections 3,
5, and 10 of Rule 13 of the Rules of Court.cralaw:red
For the guidance
of all concerned, Section 10 of Rule 13 of the Rules of Court is
reproduced
hereunder:chanroblesvirtuallawlibrary
"Sec. 10. Proof
of Service. - Proof of personal service shall consist of a written
admission of the party served, 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 5 of this rule.
If 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 be filed immediately upon receipt thereof by the sender, or
in lieu thereof, the letter unclaimed together with certified or sworn
copy of the notice the given by the postmaster to the addressee." (Underscoring
supplied)
The aforequoted rule
finds implementation in paragraph 2, Revised Circular No. 1-88, which
reads:chanroblesvirtuallawlibrary
[2] Form
and
service of petition
A
petition filed
under Rule 45, or under Rule 65, or a motion for extension, may be
denied
outright if it is not clearly legible, or there is no proof of service
on the lower court, tribunal, or service of the lower court, tribunal,
or office concerned and on the adverse party in accordance with
Sections
3, 5 and 10 of Rule 13, attached to the petition or motion for
extension
when filed.cralaw:red
Effective September
15, 1991, henceforth, a petition or motion for extension filed before
this
Court shall be dismissed/denied outright if there is no such proof of
service
in accordance with Sections 3 and 5 in relation to Section 10 of Rule
13
of the Rules of Court attached to the petition/motion when filed.
The form of Affidavit
of Service is attached herewith as Annex "A".cralaw:red
Strict compliance
with this Circular is hereby enjoined.cralaw:red
The Clerk of Court
of this Court is directed to cause the publication on Friday, August
16,
1991 of this Circular in two [2] newspapers of general circulation
August 13, 1991.
[Sgd.]
MARCELO
B. FERNANChief
Justice
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