Filing of pleadings via private courier
"Can we file a pleading in court using a private courier? If so, what will be deemed as the time of receipt?
LullieDear Lullie,
Yes. As in many other cases, the case of Julito Sagales vs Rustan’s Commercial Corporation (GR 166554, Nov. 27, 2008), penned by Associate Justice Ruben Reyes, is clearly applicable in your query. It thus stated:“Though filing of pleadings thru a private courier is not prohibited by the Rules, it is established in jurisprudence that the date of actual receipt of pleadings by the court is deemed the date of filing of such pleadings, and not the date of delivery thereof to a private letter-forwarding agency.” (Emphasis supplied)
Clearly, the rule does not prohibit the filing of pleadings thru a private courier. Nevertheless, you should be mindful that unlike in the case of registered mails, the date of actual receipt of pleadings by the court is deemed the date of filing of such pleadings sent through private couriers, and not the date of the delivery thereof to a private letter-forwarding agency.We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/
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"Filing of pleadings via private courier" was written by Mary under the Legal Advice category. It has been read 386 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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