In a historic push for digital transformation, the Supreme Court has established critical guidelines under A.M. Nos. 10-3-7-SC and 11-9-4-SC for the filing of electronic copies of pleadings and other documents to lower courts. This aligns with the Court’s “Efficient Use of Paper Rule”, aiming to enhance court processes, reduce paper waste, and create a streamlined digital filing framework.
Effective Date and Scope
These guidelines take effect immediately upon publication and will apply to all civil cases governed by the 2019 Revised Rules of Civil Procedure. The mandate covers the filing before the Court of Appeals, Sandiganbayan, Court of Tax Appeals, and all lower trial courts.
As part of the Strategic Plan for Judicial Innovations (SPJI) 2022-2027, lawyers and parties must submit digital copies of pleadings, annexes, and evidence in PDF format within specified timelines.
Transition to Electronic Filing
Beginning September 01, 2024, all first-level and second-level courts will require electronic copies of all filings for civil cases. Documents must be emailed within twenty-four (24) hours from the personal filing of the original/hard copy, or via registered mail / licensed courier service.
By December 01, 2024, electronic filing will be the primary means for submissions in certified judicial regions, excluding summons under Rule 14 of the Rules of Court. Moreover, all court-issued documents in civil cases will be served electronically, improving the speed and efficiency of judicial processes.
Formatting Requirements
The resolution imposes strict formatting requirements to ensure uniformity and ease of access. Key guidelines include:
- The primary pleading and all supporting documents (annexes, appendices) must be submitted in separate PDF files.
- Each file must follow a structured filename format, such as:
- For a complaint: “Complaint for Unlawful Detainer-Civil Case No. 123456.pdf”
- For an annex: “Annex A-Complaint for Unlawful Detainer-Civil Case No. 123456.pdf”
This format ensures clear identification of documents, with essential details separated by hyphens. It must be noted that special characters are discouraged unless technically necessary and may be replaced by underscores.
The content of the PDF must be legible, and any scanned text must exactly match the original paper document. Filers are responsible for ensuring no discrepancies exist between electronic and paper copies, with disciplinary action possible for significant errors.
E-mail Address of Record
As part of the implementation of these guidelines, all counsels must submit a notice of appearance in all cases pending before the trial courts. This notice must include:
- The valid professional e-mail addresses of all counsels;
- The valid professional email address of their respective law firms, if any;
- The parties involved (Optional but highly encouraged).
The notice should be filed before or alongside the first compliance with the Resolution and served to all parties in the case. Valid e-mail addresses must adhere to the standard [local-part]@[domain] format and must be capable of receiving e-mails from other senders, particularly those outside the address’ domain.
The e-mail addresses filed in the notice of appearance will serve as the official e-mail addresses of record for all parties and their counsels. The use of personal, non-professional e-mail accounts for this purpose is strictly prohibited to ensure confidentiality and security in communications.
Failure to file a notice of appearance will be deemed a waiver of receipt of electronic copies of pleadings and court issuances. Additionally, the court will not act on any submission until a Notice of Appearance stating the e-mail address/es of record is filed.
Changes to the e-mail addresses of record after filing a Notice of Appearance can be made under Rule 13, Section 11 of the Rules of Civil Procedure. The filing party or counsel does not need to re-file the Notice of Appearance; a notice of change of e-mail address of record, filed and served by the same rule, is sufficient.
Electronic submissions shall be sent to opposing counsel only after they have filed their Notice of Appearance. At that point, all electronic submissions must also be sent to the e-mail addresses of record of all counsels and their law firms, if applicable, and optionally to the parties via electronic carbon copy (CC).
Electronic Submission Protocols
While the submission of e-mail addresses for parties is optional, it is highly encouraged.
All electronic submissions must include CCs of all counsels’ e-mail addresses of record and, optionally, all parties. All electronic transmittals must be sent from the official e-mail addresses of record and transmittals from non-record addresses will be considered not received until sent from a valid e-mail address of record.
Both counsels and parties must diligently monitor their e-mail addresses of record and failure to do so will not excuse missed notifications, and neglecting this obligation may result in disciplinary action.
Email Formatting Rules
Electronic submissions must adhere to strict email formatting rules to maintain consistency:
- Subject Line: The subject should identify the docket number, case title, and the designation of the submission.
Example:
Civil Case No. 123456, Maria dela Cruz v. Juan dela Cruz – Complaint for Unlawful Detainer.
- Email Body: This must include:
- Filing Method: Indicate if filed by registered mail, personal delivery, or courier.
- Filing Date: The date based on the primary filing method.
- Case Information: List docket number, case title, filing party and its contact details, and a list of PDF attachments.
Example:
Primary Manner of Filing: Registered Mail
Filing Date: 01/01/2023
Docket Number: Civil Case No. 123456
Case Title: Maria dela Cruz v. Juan dela Cruz
Name of Filing Party: Maria dela Cruz
Contact Numbers: (02) 888-9900 (landline), 0900-1122334 (mobile)
Attachments:
1. Complaint for Unlawful Detainer
2. Demand Letter
Note that files must be attached directly to the email, and links to external cloud storage platforms are not permitted.
If attachments exceed email size limits, they must be split into multiple batches, with each batch labeled in the subject line.
Example:
Civil Case No. 123456, Maria dela Cruz v. Juan dela Cruz – Complaint for Unlawful Detainer (Batch 1 of 3).
Monitoring and Compliance
All counsels are required to use professional email accounts as their official addresses for record-keeping and are required to diligently monitor these accounts. Failure to do so will not excuse missed notifications, and non-compliance may lead to disciplinary action.
Filing parties are expected to verify that their emails were successfully transmitted and must retain copies of all transmittal emails.
When submitting both paper and electronic copies, filers must attach a verified declaration affirming the accuracy of the electronic version concerning the paper original. This declaration is essential for maintaining procedural integrity and must follow the Court’s provided template.
Consequences of Non-Compliance
Non-compliance with these standards can result in serious repercussions. The Court reserves the right to discipline or penalize those who submit non-conforming files, miss deadlines, or transmit files that are corrupted or otherwise unusable.
These rules set a strict standard, enforcing accountability at all levels to support the transition to a fully digital judicial process by the December 01, 2024 compliance deadline.
Filing Timeline and Format Considerations
To send an electronic copy of the filed pleading, the computation of twenty-four (24) hours will depend on the manner of filing:
| Personal Filing with the Court | The date and hour of the filing, as endorsed by the clerk of court and appearing on the face of the pleading |
| Filing by Registered Mail | The date of mailing as indicated by the post office stamp on the envelope or the registry receipt. |
| Filing by Accredited Courier | The date of mailing as shown in the accredited courier’s official receipt. |
| Filing by Electronic Transmittal | Not applicable. |
Note that if the pleading or other court submission has already been filed via e-mail, there is no need to re-submit it within twenty-four (24) hours after the initial filing. For filings by registered mail or accredited courier, where the exact time of mailing cannot be determined, the twenty-four (24) hours shall be reckoned from 11:59 p.m. of the date of mailing.
Acceptable PDF Formats
PDF submissions may consist of:
- Electronically generated documents from a word-processing PDF creation program;
- Scanned images that are exact and complete copies of the original paper document, compiled in a PDF file;
- A combination of both methods.
In all cases, filers must ensure that the contents must be completely legible.
In the event of a discrepancy between the scanned copies and the machine-readable text generated by optical character recognition, the scanned copy shall be considered controlling.
Retention of Transmittal E-Mail
The filing party or counsel must retain a copy of each transmittal e-mail while the case is pending, as these may be subject to inspection by the court or other parties when necessary.
Compliance with Submission Standards
If the primary pleading is correctly filed but the additional accompanying documents are not transmitted in the proper format, the latter shall be excluded from the records of the cases for which they were submitted, even if the electronic copy of the primary pleading or court submission has been correctly filed.
Disciplinary action or appropriate sanctions may be imposed on the filing lawyer, law firm, or party for incorrectly filing PDF copies.
Furthermore, when there is both a physical and an electronic filing of a pleading or other court submission, the controlling copy will depend on the primary manner of filing. If the primary manner is through electronic transmission, the first-filed PDF copy will be controlling.
As the judiciary embraces these guidelines, all litigants and counsels must adapt quickly to the new processes. The effective transition to electronic filing will not only enhance the efficiency of the court system but also contribute to environmental sustainability by significantly reducing paper waste. The Supreme Court’s proactive approach is a clear indication of its commitment to leveraging technology in order to modernize judicial processes.