2022 Remedial Law, Q4

[This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked Samurai Express, a duly accredited courier service within the National Capital Judicial Region, to serve a copy of a motion for reconsideration to Attorney Han, counsel for the adverse party, whose office is in the City of Manila. Attorney Han moved to deny the motion for failure to contain a written explanation as to why the motion was not served personally.

Quick check

Is a written explanation required when serving a motion via accredited courier under the 2019 Amendments to Rule 13?

What constitutes proper proof of service when a motion is served through an accredited courier service?

What is the legal effect of serving a motion via an accredited courier without attaching a written explanation?

Under Section 3, Rule 13 of the Rules of Civil Procedure, which of the following is an authorized mode of service?

When is service of a pleading by an accredited courier deemed complete under Rule 13?

Learn more about these topics

1. Accredited Courier
Under Rule 13 of the 2019 Amendments to the 1997 Rules of Civil Procedure, service by accredited courier is an officially recognized mode of service and filing. The requirement of incorporating a written explanation for resorting to non-personal service was completely deleted under the 2019 amendments. Consequently, a party may validly serve pleadings or motions through an accredited courier service within the judicial region without needing to explain or justify why personal service was not utilized.

2. Proof of Service
Under Section 17, Rule 13 of the Rules of Court, proof of service of a pleading or motion by an accredited courier service is established by two requisite documents. First, an affidavit of service executed by the person who brought the paper to the accredited courier service provider. Second, the official receipt issued by the courier or the official document tracking number. Submitting both the affidavit and the receipt or tracking number provides full legal proof of service.

3. Written Explanation Deletion
Prior to the 2019 Amendments to the Rules of Civil Procedure, personal service was the general rule, and any resort to non-personal service required a written explanation attached to the pleading. The 2019 Amendments eliminated this requirement. Under the current rules, failure to include a written explanation for non-personal service no longer invalidates the service nor serves as a valid ground to deny or dismiss a motion or pleading.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026