Guidelines on the Mode of Service of Decisions, Resolutions or Orders Received by the Department for Implementation

January 12, 2012

DILG MEMORANDUM CIRCULAR NO. 009-12

 

Under existing Department rules, all directives from the Central Office for the immediate implementation of Decisions, Resolutions or Orders received from the Office of the Ombudsman, Sandiganbayan, Office of the President and Commission on Elections (COMELEC) shall be addressed to the concerned Regional Director.

In this regard, all Regional and Fields Officers are hereby advised of the following rules on the proper mode of service of the decisions, resolutions or orders received by the Department for implementation on the respondent/s:

• The mode of service of notices, orders or judgments prescribed under the rules of procedure of the concerned Office or Court shall be applied;

• If the rules of procedure of the concerned Office or Court is silent as to the mode of service to be followed, the Rules of Court shall apply in a suppletory character, or by analogy whenever practicable and convenient;

The following are the pertinent provisions on the service of orders, judgments and other papers under the Revised Rules of Court:

"Section 5. Modes of Service. — Service of pleadings motions, notices, orders, judgments and other papers shall be made either personally or by mail." DTSaHI

"Section 6. Personal Service. — Service of the 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 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 then residing therein."

"Section 7. Service 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 his counsel at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the senders or the addressee, service may be done by ordinary mail. (5a; Bar Matter No. 803, 17 February 1998)"

"Section 8. Substituted Service. — If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections, the office and place of residence of the party or his 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."

"Section 10. Completeness of Service. — Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever date is earlier."

All Regional Directors are hereby directed to disseminate these guidelines on all Field Offices under their jurisdiction and ensure compliance thereof.

For information and compliance of those concerned.

(SGD.) JESSE M. ROBREDOSecretaryDepartment of the Interior and Local Government