FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND

PAPERS: SUMMARY/DISCUSSION ON 2019 AMENDMENTS TO

1997 RULES OF CIVIL PROCEDURE

Every judgment, resolution, order, pleading subsequent 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. 

 Filing is the act of submitting the pleading or other paper to

the court. 

 Service is the act of providing a party with a copy of the pleading or

any other court submission.

I. MODES OF FILING

The filing of pleadings and other court submissions shall be made by any of
the following means: (1) Personal service; (2) By registered mail; (3)
accredited courier; and (4) Electronic mail. 

1. Personal Service
This is done by submitting personally the original, plainly indicated as such,
to the court. The clerk of court shall endorse on the pleading the date and
hour of filing. 
Proof of filing. The filing of a pleading or any other court submission shall be
proved by its existence in the record of the case. If the pleading or any other
court submission is not in the record, but is claimed to have been filed
personally, the filing shall be proven by the written or stamped
acknowledgment of its filing by the clerk of court on a copy of the pleading
or court submission
2. By Registered mail

The date of the mailing, 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 case. 

Proof of filing. If the pleading or any other court submission was filed by
registered 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 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 to
the postmaster to return the mail to the sender after 10 calendar days if not
delivered. 

The modes of filing do not include ordinary mail, while the modes of service
allows ordinary mail. 

3. Accredited courier

The date of the mailing, 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 case. 

Proof of filing. If the pleading or any other court submission was filed
through an 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. 
4. Electronic mail 
 CONSENT AND AUTHORIZATION

The filing and service by electronic means require consent/authorization — in

case of filing, the court must authorize such mode of filing (in places where
the court is electronically equipped), or in case of service, the other party
must consent to such mode of service, unless directed by the court.

 FILING AND PROOF OF FILING

Filing may be done by transmitting through electronic mail or other

electronic means. The date of electronic transmission shall be considered as
the date of filing.

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 filed by registered mail, then the
rule on proof of filing by registered mail applies.

If the pleading or any other court submission was filed through other
authorized electronic means, the same shall be proven by an affidavit of
electronic filing of the filing party accompanied by a copy of the electronic
acknowledgment of its filing by the court.
  CHANGE OF ELECTRONIC MAIL ADDRESS OR FACSIMILE NUMBER

A party who changes his or her electronic mail address or facsimile number
while the action is pending must promptly file, within 5 calendar days from
such change, a notice of change of e-mail address or facsimile number with
the court and serve the notice on all other parties. Service through the
electronic mail address or facsimile number of a party shall be presumed
valid unless such party notifies the court of any change, as aforementioned.

 FORMAT

The subject of the electronic mail and facsimile must follow the prescribed
format:

 case number
 case title, and
 pleading, order or document 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 party or parties filing or serving 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.

II. MODES OF SERVICE

Pleadings, motions, notices, orders, judgments, and other court submissions

shall be served: (1) personally; or (2) by mail, either registered or ordinary;
(3) accredited courier; (4) electronic means.

1. Personal Service

Court submissions may be served by personal delivery of a copy to the party

or to the party’s counsel, or to their authorized representative 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. The 1997 Rules simply
provides “service of the papers may be made by delivering personally”, while
the 2019 Amendments provides “court submissions may be served by
personal service”.
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 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 residing therein.

Proof of service. 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 statement of the date, place, and manner of
service. If the service is made by:

2. By mail

Service by registered mail shall be made by depositing the copy in the post
office, in a sealed envelope, plainly addressed to the party or to 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 the postmaster
to return the mail to the sender after 10 calendar 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.

Proof of service, ordinary mail. For ordinary mail, proof shall consist of an
affidavit of the person mailing stating the facts showing compliance with the
immediately preceding paragraph.

Proof of service, registered mail. For registered mail, proof of service shall
be made by the affidavit mentioned 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 in lieu thereof, the unclaimed letter together
with the certified or sworn copy of the notice given by the postmaster to the
addressee.

3. Accredited courier service

Proof of service. shall be made by an affidavit of service executed by the

person who brought the pleading or paper to the service provider, together
with the courier’s official receipt or document tracking number.

The 1997 Rules of Civil Procedure (hereinafter, “1997 Rules”) does not
provide for “accredited private courier”, although the Supreme Court has
considered service/filing by private courier as equivalent to service/filing by
ordinary mail (PSBank vs. Papa, G.R. No. 200469, 15 January 2018).
4. Service by electronic means and facsimile

Service by electronic means shall be made by sending an e-mail 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.

Proof shall be made by an affidavit of service executed by the person who

sent the e-mail, facsimile, or other electronic transmission, together with a
printed proof of transmittal.

 COMPLETENESS OF SERVICE

Electronic service is complete 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. Electronic service is not effective or
complete if the party serving the document learns that it did not reach the
addressee or person to be served.

Service by facsimile transmission is complete upon receipt by the other

party, as indicated in the facsimile transmission printout.

III. SUBSTITUTED SERVICE

If service cannot be made by personal service or by mail, the office and

place of residence of the party or his or her counsel being unknown, service
may be made by delivering the copy to the clerk of court, with proof of
failure of both personal service and service by mail. The service is complete
at the time of such delivery.

IV. PRESUMPTIVE SERVICE

The rule on presumptive service is new under the 2019 Amendments. There
shall be presumptive notice to a party of a court setting if such notice
appears on the records to have been mailed:

if the addressee is from within the same judicial region of the court where
the case is pending, at least 20 calendar days prior to the scheduled date of
hearing; and
if the addressee is from outside the judicial region, at least 30 calendar
days.
V. COURT-ISSUED ORDERS AND OTHER DOCUMENTS

The court may electronically serve orders and other documents to all the
parties in the case which shall have the same effect and validity as provided
herein. A paper copy of the order or other document electronically served
shall be retained and attached to the record of the case.

The following orders, pleadings, and other documents must be served or

filed personally or by registered mail when allowed, and shall not be served
or filed electronically, unless express permission is granted by the Court: (a)
Initiatory pleadings and initial responsive pleadings, such as an answer; (b)
Subpoenae, protection orders, and writs; (c) Appendices and exhibits to
motions, or other documents that are not readily amenable to electronic
scanning may, at the option of the party filing such, be filed and served
conventionally; and (d) Sealed and confidential documents or records.

However, judgments, final orders or resolutions shall be served either

personally or by registered mail. These cannot be served by electronic
means. The 2019 Amendments adds that upon ex parte motion of any party
in the case, a copy of the judgment, final order, or resolution may be
delivered by accredited courier at the expense of such party.

VI. SERVICE ON COUNSEL

If a party has appeared by counsel, service upon such party shall be made
upon his or her counsel, 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 by the opposite side. [This rule is
the same in the 1997 Rules.]

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. [This is a new provision under the 2019 Amendments.]

Papers required to be filed and served:

a. Judgment
b. Resolution
c. Order
d. Pleading subsequent to the complaint
e. Written motion
f. Notice
g. Appearance
h. Demand
i. Offer of judgment; or
j. Similar papers. [Sec. 4, Rule 13]

Manner of filing

How filed

The filing of pleadings and other court

submissions shall be made by:
a. Submitting personally the original 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. [Sec.
3, Rule 13]

Modes of service

To whom service made

General Rule:
Serve the copy of the pleading or the court
submission to the party himself.

Exception:
If a party has appeared by counsel, service
upon such party shall be made upon his or her
counsel or one of the counsels.

Exception to Exception:

The court orders service upon both the party

and counsel. [Sec. 2, Rule 13]

When several parties/several counsel

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.

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 is there no designation
of a lead counsel.
[Sec. 2, Rule 13]

Modes of Service

Pleadings, motions, orders, judgments, and

other court submissions shall be served:

1. Personally,
2. By registered mail,
3. By accredited courier,
4. By electronic mail, facsimile transmission,
or other electronic means as may be
authorized by the Court,
5. By service as provided for in international
conventions to which the Philippines is a
party, and
6. Substituted service. [Sec. 5, Rule 13

RULES ON SUMMONS: SUMMARY/DISCUSSION OF THE 2019

PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL
PROCEDURE

Significant changes and additions have been introduced in Rule 14

(“Summons”) under the 2019 Proposed Amendments to the 1997 Rules of
Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1
May 2020.

Among the significant changes are: (a) power of the court to dismiss the
complaint even before directing the issuance of summons; (b) authority of
the plaintiff to serve the summons; (c) a new provision on validity of
summons; (d) service on spouses; (e) what constitutes “reasonable time”
for substituted service, as well as the grounds thereof; (f) additional persons
authorized to receive for private juridical entities; (g) deputization of
defendant’s counsel to serve summons improperly served; and (h) revisions
on service of summons on foreign private juridical entities.

Definition
The writ by which the defendant is notified of the action brought against him
[Licaros v.Licaros, G.R. No. 150656 (2003)]

By whom issued
Clerk of court upon directive of the court. [Sec. 1, Rule 14]

COURT MAY DISMISS MOTU PROPRIO

Under the old 1997 Rules, the clerk of court issues the summons without
need of directive from the judge and without any specific period to cause the
issuance of summons. More importantly, the court cannot order the
dismissal of the case at that point.

Radical changes have been introduced in the 2019 Amendments. The court,
motu prioprio, may dismiss the complaint if, on its face, it is dismissible
based on the following grounds:

 the court has no jurisdiction over the subject matter

 there is another action pending between the same parties for the same
cause, or
 the action is barred by a prior judgment or by statute of limitations
It is interesting that this Section does not include other grounds for
dismissing a complaint, e.g., there is no verification page, or a defective
certification against forum shopping.

If the complaint is not dismissible, the court shall, within 5 calendar days
from receipt of the initiatory pleading and proof of payment of the requisite
legal fees, direct the clerk of court to issue the corresponding summons to
the defendants.
CONTENTS OF SUMMONS

The 2019 Amendments reproduces most of the required contents of

summons under the old 1997 Rules. The summons shall be directed to the
defendant, signed by the clerk of court under seal, and contain:

 The name of the court and the names of the parties to the action;
 When authorized by the court upon ex parte motion, an authorization
for the plaintiff to serve summons to the defendant;
 A direction that the defendant answer within the time fixed by these
Rules; and
 A notice that unless the defendant so answers, plaintiff will take
judgment by default and may be granted the relief applied for.

A copy of the complaint and order for appointment of guardian ad litem, if

any, shall be attached to the original and each copy of the summons.

However, the 2019 Amendments introduces one more required content —

when authorized by the court upon ex parte motion, an authorization for the
plaintiff to serve summons to the defendant. Under the old 1997 Rules, the
plaintiff may accompany the sheriff or the process server, but cannot serve
the summons on his/her own.

BY WHOM SERVED
The summons may be served by the sheriff, his or her deputy, or other
proper court officer.

SERVICE OF SUMMONS BY PLAINTIFF

One of the most significant changes introduced under the 2019 Amendments
is the authority of the plaintiff to serve summons.

In case of failure of service of summons by the sheriff or his deputy, the

court may authorize the plaintiff to serve the summons – together with the
sheriff.
In cases where summons is to be served outside the judicial region of the
court where the case is pending, the plaintiff shall be authorized to cause the
service of summons.

If the plaintiff is a juridical entity, it shall notify the court, in writing, and
name its authorized representative therein, attaching a board resolution or
secretary’s certificate thereto, as the case may be, stating that such
representative is duly authorized to serve the summons on behalf of the
plaintiff.
If summons not served

If summons is returned without being served on any or all the defendants,

the court shall order the plaintiff to cause the service of summons by other
means available under the Rules.

Failure to comply with the order shall cause the dismissal of the initiatory
pleading without prejudice.

Misrepresentation of plaintiff

If the plaintiff misrepresents that the defendant was served summons, and it
is later proved that no summons was served:

 the case shall be dismissed with prejudice,

 the proceedings shall be nullified, and
 the plaintiff shall be meted appropriate sanctions.

VALIDITY OF SUMMONS; ALIAS SUMMONS

A new section has been introduced under the 2019 Amendments, relating to
the validity of summons and issuance of alias summons.

Summons shall remain valid until duly served, unless it is recalled by the
court. In case of loss or destruction of summons, the court may, upon
motion, issue an alias summons. [Under the old 1997 Rules, alias summons
is issued in case it is lost or in case the summons is returned without being
served.]

There is failure of service after unsuccessful attempts to personally serve the

summons on the defendant in his or her address indicated in the complaint.
Substituted service may be resorted to (see below).

SERVICE IN PERSON ON DEFENDANT

Whenever practicable, the summons shall be served by handing a copy

thereof to the defendant in person and informing the defendant that he or
she is being served, or, if he or she refuses to receive and sign for it, by
leaving the summons within the view and in the presence of the defendant.

SUBSTITUTED SERVICE
If, for justifiable causes, the defendant cannot be served personally after at
least 3 attempts on 2 different dates, service may be effected:

(a) By leaving copies of the summons at the defendant’s residence to a

person at least 18 years of age and of sufficient discretion residing therein;

(b) By leaving copies of the summons at the defendant’s office or regular

place of business with some competent person in charge thereof. A
competent person includes, but is not limited to, one who customarily
receives correspondences for the defendant;

(c) By leaving copies of the summons, if refused entry upon making his or
her authority and purpose known, with any of the officers of the
homeowners’ association or condominium corporation, or its chief security
officer in charge of the community or the building where the defendant may
be found; and

(d) By sending an electronic mail to the defendant’s electronic mail address,

if allowed by the court.

The old 1997 Rules only provides for (a) and (b) and merely provides that
substituted service may be resorted to if summons cannot be served “within
a reasonable time”. The 2019 Amendments clarifies that “reasonable time”
means at least 3 attempts on 2 different dates.

DUTY OF COUNSEL ON RECORD

A new, and very interesting, provision has been added in the 2019
Amendments. Where the summons is improperly served and a lawyer makes
a special appearance on behalf of the defendant to, among others, question
the validity of service of summons, the counsel shall be deputized by the
court to serve summons on his or her client.

[Note: This means that in case a motion ad cautelam is filed, seeking the
dismissal of the complaint on the ground of improper service of summons,
the motion is as good as not filed because the defendant’s can counsel can
be deputized to serve the summons.

SERVICE UPON ENTITY WITHOUT JURIDICAL ENTITY

When persons associated in an entity without juridical personality are sued

under the name by which they are generally or commonly known, service
may be effected upon all the defendants by serving upon any one of them,
or upon the person in charge of the office or place of business maintained in
such name. But such service shall not bind individually any person whose
connection with the entity has, upon due notice, been severed before the
action was filed. The 2019 Amendments practically reproduces the provisions
of the 1997 Rules, except the substitution of “brought” with “filed”.

SERVICE ON PRISONERS

When the defendant is a prisoner confined in a jail or institution, service

shall be effected upon him or her by the officer having the management of
such jail or institution who is deemed as a special sheriff for said purpose.

The 2019 Amendments practically reproduces the provisions of the 1997

Rules, but adds that the jail warden shall file a return within 5 calendar days
from service of summons to the defendant.

SERVICE CONSISTENT WITH INTERNATIONAL CONVENTIONS

Service may be made through methods which are consistent with

established international conventions to which the Philippines is a party.
[This is a new provision in the 2019 Amendments.]

SERVICE UPON MINORS AND INCOMPETENTS

When the defendant is a minor, insane or otherwise an incompetent person,

service of summons shall be made upon him or her personally and on his or
her legal guardian if he or she has one, or if none, upon his or her guardian
ad litem whose appointment shall be applied for by the plaintiff. In the case
of a minor, service shall be made on his or her parent or guardian. [The
section is practically a reproduction of the old 1997 Rules.]

SERVICE UPON SPOUSES

When spouses are sued jointly, service of summons should be made to each
spouse individually. This is a new provision in the 2019 Amendments.]

SERVICE UPON DOMESTIC PRIVATE JURIDICAL ENTITY

When the defendant is a corporation, partnership or association organized
under the laws of the Philippines with a juridical personality, service may be
made on the president, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel of the corporation wherever they
may be found, or in their absence or unavailability, on their secretaries.
[Under the old 1997 Rules, service must be done in the address indicated in
the complaint, and cannot be made on secretaries.]

The following new provisions have been introduced in the 2019

Amendments:

 If such service cannot be made upon any of the foregoing persons, it

shall be made upon the person who customarily receives the
correspondence for the defendant at its principal office.
 In case the domestic juridical entity is under receivership or
liquidation, service of summons shall be made on the receiver or
liquidator, as the case may be.
 Should there be a refusal on the part of the persons above-mentioned
to receive summons despite at least 3 attempts on 2 different dates,
service may be made electronically, if allowed by the court, as
provided under Section 6 of this Rule.

SERVICE UPON FOREIGN PRIVATE JURIDICAL ENTITIES

When the defendant is a foreign private juridical entity which has transacted
or is doing business in the Philippines, as defined by law, service may be
made on its resident agent designated in accordance with law for that
purpose, or, if there be no such agent, on the government official designated
by law to that effect, or on any of its officers, agents, directors or trustees
within the Philippines.

The preceding paragraph is practically a reproduction of the 1997 Rules,

except: (a) the provision that the foreign entity is doing business in the
Philippines as defined by law; and (b) service is also allowed on the directors
or trustees, in addition to the entity’s officers or agent in the Philippines.

The 2019 Amendments also adds that if the foreign private juridical entity is
not registered in the Philippines, or has no resident agent but has transacted
or is doing business in it, as defined by law, such service may, with leave of
court, be effected outside of the Philippines through any of the following
means:
(a) By personal service coursed through the appropriate court in the foreign
country with the assistance of the department of foreign affairs;
(b) By publication once in a newspaper of general circulation in the country
where the defendant may be found and by serving a copy of the summons
and the court order by registered mail at the last known address of the
defendant;
(c) By facsimile;
(d) By electronic means with the prescribed proof of service; or
(e) By such other means as the court, in its discretion, may direct.

SERVICE UPON PUBLIC CORPORATIONS

When the defendant is the Republic of the Philippines, service may be

effected on the Solicitor General; in case of a province, city or municipality,
or like public corporations, service may be effected on its executive head, or
on such other officer or officers as the law or the court may direct. [This is a
reproduction of the 1997 Rules.]

SERVICE ON DEFENDANTS WHOSE IDENTITY OR WHEREABOUTS ARE

UNKNOWN

In any action where the defendant is designated as an unknown owner, or

the like, or whenever his or her whereabouts are unknown and cannot be
ascertained by diligent inquiry, within 90 calendar days from the
commencement of the action, service may, by leave of court, be effected
upon him or her by publication in a newspaper of general circulation and in
such places and for such time as the court may order. [Except the additional
provision on the 90-day period, this paragraph is practically a reproduction
of the 1997 Rules.]
The 2019 Amendments adds that any order granting such leave shall specify
a reasonable time, which shall not be less than 60 calendar days after
notice, within which the defendant must answer.

EXTRATERRITORIAL SERVICE

Service may, by leave of court, be effected out of the Philippines when the
defendant does not reside and is not found in the Philippines, and the action

 affects the personal status of the plaintiff or

  relates to, or the subject of which is, property within the Philippines, in
which the defendant has or claims a lien or interest, actual or
contingent, or
 in which the relief demanded consists, wholly or in part, in excluding
the defendant from any interest therein, or
 the property of the defendant has been attached within the Philippines,

In these instances, the mode of service shall be:

 by personal service by plaintiff (see discussion above); or

 as provided for in international conventions to which the Philippines is
a party [this is the only addition under the 2019 Amendments); or
 by publication in a newspaper of general circulation in such places and
for such time as the court may order, in which case a copy of the
summons and order of the court shall be sent by registered mail to the
last known address of the defendant, or in any other manner the court
may deem sufficient.

Any order granting such leave shall specify a reasonable time, which shall
not be less than 60 calendar days after notice, within which the defendant
must answer.

RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES

When any action is commenced against a defendant who ordinarily resides

within the Philippines, but who is temporarily out of it, extraterritorial service
may, by leave of court, be resorted to. [This is a reproduction of the
provisions in the old 1997 Rules.]

LEAVE OF COURT

Any application to the court under this Rule for leave to effect service in any
manner for which leave of court is necessary shall be made by motion in
writing, supported by affidavit of the plaintiff or some person on his behalf,
setting forth the grounds for the application. [This is a reproduction of the
provisions in the old 1997 Rules.]

RETURN
The old 1997 Rules simply provides that when the service has been
completed, the server shall, 5 days therefrom, serve a copy of the return,
personally or by registered mail, to the plaintiffs counsel, and shall return
the summons to the clerk who issued it, accompanied by proof of service.
This has been significantly expanded under the 2019 Amendments.

 There is now a requisite period when to serve the summons and file a
return. The sheriff or process server, or person authorized by the
court, shall complete the service of summons within 30 calendar days
from the issuance of summons by the clerk of court and receipt
thereof.
 Within 5 calendar days from service of summons, the server shall file
with the court and serve a copy of the return to the plaintiff’s counsel,
personally, by registered mail, or by electronic means authorized by
the Rules. [The 5-day period is also provided in the old 1997 Rules,
but the summons is returned to the clerk of court who issued it. Under
the 2019 Amendments, the return is filed with the court and not given
to the clerk of court.]

Should substituted service have been effected, the return shall state the
following:

(1) The impossibility of prompt personal service within a period of 30

calendar days from issue and receipt of summons;
(2) The date and time of the 3 attempts on at least 2 different dates to
cause personal service and the details of the inquiries made to locate the
defendant residing thereat; and
(3)The name of the person at least 18 years of age and of sufficient
discretion residing thereat, name of competent person in charge of the
defendant’s office or regular place of business, or name of the officer of the
homeowners’ association or condominium corporation or its chief security
officer in charge of the community or building where the defendant may be
found.

PROOF OF SERVICE

The proof of service of a summons shall be made in writing by the server

and shall set forth the manner, place, and date of service; shall specify any
papers which have been served with the process and the name of the person
who received the same; and shall be sworn to when made by a person other
than a sheriff or his or her deputy.

The foregoing paragraph is a reproduction of the 1997 Rules. The 2019

Amendments, however, adds that if summons was served by electronic mail,
a printout of said e-mail, with a copy of the summons as served, and the
affidavit of the person mailing, shall constitute as proof of service.

PROOF OF SERVICE BY PUBLICATION

If the service has been made by publication, service may be proved by the
affidavit of the publisher, editor, business or advertising manager, to which
affidavit a copy of the publication shall be attached and by an affidavit
showing the deposit of a copy of the summons and order for publication in
the post office, postage prepaid, directed to the defendant by registered mail
to his or her last known address.

In the old 1997 Rules, the publisher is not included in the list, and the
following are included: printer, his foreman or principal clerk.

VOLUNTARY APPEARANCE

The defendant’s voluntary appearance in the action shall be equivalent to

service of summons. The inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of the defendant shall be
deemed a voluntary appearance. [The amendment turns the 1997 Rules on
its head.