Guide to Simplified Electronic Filing for Lawyers in the Philippines

Simplified Electronic Filing in the Philippines for Lawyers

The judiciary is slowly embracing the digital tools of the modern world but the transition is confusing some veteran lawyers and new passers who just entered the legal system. It is especially challenging for lawyers outside the National Capital Region (NCR) because some courts in the NCR like Pasig City courts already started the PDF format requirements of the documents way back in 2023. The transition may look challenging because it is new but we will try to simplify the Electronic Filing in the Philippines for Lawyers.

The Supreme Court En Banc passed a Resolution dated August 20,2024, mandating the mandatory electronic filing and service of outbound court documents within a certified judicial region in the lower courts starting December 01, 2024. According to the resolution, only certified judicial regions in the lower courts are mandated to comply. The Supreme Court did not release a list of certified judicial regions but only listed the guidelines as to what courts are certified under section 7 of the Resolution (A.M. No. 10-3-7-SC/A.M. No. 11-9-4-SC).

SIMPLE THINGS TO TAKE NOTE IN ELECTRONIC FILING:

Simplified Electronic Filing in the Philippines for Lawyers Tips and Notes:

1. The Resolution applies only to civil cases governed by the rules of civil procedure, including special civil cases and special proceedings in Municipal/Metropolitan Trial Courts and Regional Trial Courts.
2. The electronic filing and service of initiatory pleadings like Petitions and Answers must include the usual modes of service which are (a) personal (b) registered mail and (c) authorized private courier like JRS.
3. The mandatory filing is required in the lower courts. Hence, the Supreme Court, Court of Appeals, Court of Tax Appeals, and the Quasi-judicial bodies are not yet included.
4. The Resolution stated that not all judicial courts are included and I encountered some courts outside NCR that do not comply with the mandatory requirement yet. To ensure that your documents are filed and served properly, ALWAYS accompany the electronic filing with other modes of filing and service especially when the courts are outside NCR.
5. Some court judges and staff are still new to this electronic filing, hence always send a hard copy to the court.
6. Do not forget to include the Affidavit of Service and Affidavit of Filing in your electronic filing.
7. Separate the main document (motion etc) from the annexes or attachments.

SIMPLIFIED FORMAT OF ELECTRONIC FILING

Sections 8 and 9 of the Resolution dated August 20, 2024, listed the proper format of the email and document names of your files. In case of material discrepancies and errors, the lawyer and the law firm can be sanctioned by the court. Most lawyers and law firms in practice have a pre-made format already.

A sample format that you can use for your electronic filing is as follows:

Subject Name: Case No. 11111, PARTY ONE vs PARTY TWO – Notice of Appearance

Email Format:

Format of File names:

File Name of Main Document: Filename: Civil Case No. 11111, Party One v. Party Two-Complaint for Unlawful Detainer

Annexes/Attachments: Annex A-Civil Case No. 11111, Party One v. Party Two-Complaint for Unlawful Detainer

Simplified Electronic Filing in the Philippines for Lawyers

My Opinion regarding the Electronic filing in the Philippines as a lawyer:

As the digital world evolves, the judiciary will evolve with it. As of now, the courts are navigating through these modernized systems. The transition seems intimidating but the outcome is rewarding for the clients and the lawyers.

Faster and more efficient “heads up”

We used to wait for weeks and months to receive an Order or response from the other party and the courts, now we can receive instant updates without waiting for the mailman. This will ensure that lawyers and clients will receive the court notices in time. During the traditional filing and service, we used to receive an Order of hearing after the scheduled date of hearing. Lawyers will no longer belatedly receive court notices and updates.

It reduces the expenses for the clients

This is also helpful in reducing the cost of legal proceedings because the mailing fees for private and registered mail are getting more expensive every year. The cost of mailing through registered mail for a case with at least 5 different parties costs at least PHP700 to PHP2,000 depending on the weight of the documents. During the trial, a lawyer will send several documents to these parties and the costs of mailing can reach PHP10,000. The Electronic filing will reduce these fees for the clients and lawyers.

“Way Past Deadlines”

Now, we can inexpensively file documents even if the court and the post office are closed. Traditionally, we have until 5:00PM to file or serve documents. With the efiling, we can file and serve documents until 11:55PM. This will help lawyers meet the deadlines in case of heavy workloads on that month.