Dear PAO,
I am writing to seek your legal advice. I plan to file a small claims case against someone. I want to know if I can serve court papers or communicate with the court through email or chat apps. If I use email or a messaging app, will the court accept it? Or will the case be dismissed?
R. Reynoso
Dear Mr. Reynoso,
On 1 May 2020, the 2019 Proposed Amendments on the Rules of Court took effect. Among the changes introduced by the said revision is the rule on electronic filing and service of pleadings, judgments, and other court documents. Sections 3, 5 and 9 of Rule 13 of the Revised Rules specifically provide:
“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.
xxx In the fourth case, the date of electronic transmission shall be considered as the date of filing.
Section 5. Modes of Service. —Pleadings, motions, notices, orders, judgments, and other court submissions shall be served personally or by registered mail, accredited courier, electronic mail, facsimile transmission, other electronic means as may be authorized by the Court, or as provided for in international conventions to which the Philippines is a party. xxx
Section 9. Service by electronic means and facsimile. — Service by electronic means and facsimile shall be made if the party concerned consents to such modes of service.
Service by electronic means shall be made by sending an email to the party’s or counsel’s electronic mail address, or through other electronic means of transmission as the parties may agree on, or upon direction of the court.
Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number.”
Additionally, Section 15 of the same rule also provides that electronic service is deemed completed when “at the time of the electronic transmission of the document, or when available, at the time that the electronic notification of service of the document is sent.” It is deemed not “effective or complete if the party serving the document learns that it did not reach the addressee or person to be served.”
The foregoing rules on the filing and service of pleadings were likewise expressly adopted by the Rules on Expedited Procedures in the First Level Courts (A.M. No. 08-8-7-SC dated March 1, 2022), which govern, among others, small claims cases. A small claims case is defined as an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money which does not exceed One Million Pesos (₱1,000,000.00), exclusive of interest and costs. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies.
Finally, the Supreme Court resolved to transition to the mandatory electronic filing and service of pleadings, motions, and other court documents, except initiatory pleadings and service of summons, to the parties and their counsels by December 1, 2024, which is deemed necessary for the digital transformation of the Judiciary. (A.M. No. 10-3-7-SC and A.M. No. 11-9-4-SC dated August 20, 2024)
Pursuant to the above-mentioned rules, the service of your pleadings or other court documents on the other party via email is considered legal, even mandatory — but messaging and other chat apps aren’t expressly mentioned in the rules. They may fall under “other electronic means” but this is subject to the sound discretion of the court.
In the same vein, the rules now require the filing of your pleadings and other court documents, except for the initiatory pleading, with the court also via email. Thus, for your complaint, you are still required to file it personally or by registered mail, and not electronically, unless express permission is granted by the court.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
