Magsaysay Maritime vs. Enanor (G.R. No. 224115; June 20, 2018)


Section 11, Rule 13 of the Rules of Court mandates that pleadings and papers be served and filed personally; in the instances that personal service and filing are not practicable, resort to other modes could be had, but only if the party concerned attaches a written explanation as to why personal service and filing is deemed impracticable. Even then, should the party concerned fail to attach a written explanation in his/her pleadings and papers, the Court, in its discretion, may consider the same as not filed.
In the exercise of this authority, and in ruling for the liberal interpretation of the mandatory rule, the Court shall consider:

(1) the PRACTICABILITY of personal service;
(2) the IMPORTANCE of the subject matter of the case or the issues involved therein; and
(3) the PRIMA FACIE MERIT of the pleading sought to be expunged/or violation of Section 11.

SOURCE: Magsaysay Maritime Corporation, v. Enanor, G.R No. 224115, June 20, 2018 CORONADO LAW OFFICE; Monday, August 13, 2018; https://www.facebook.com/notes/coronado-law-office/magsaysay-maritime-corporation-v-enanor-gr-no-224115-june-20-2018/703039500028806

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