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[ A.M. No. 25-01-13-SC, February 04, 2025 ]
RESOLUTION
RE: INCLUSION OF THE DECLARATION OF ABSOLUTE NULLITY OF MARRIAGE AND ANNULMENT OF MARRIAGE IN THE COVERAGE OF RULE 13-A OF THE RULES OF COURT
WHEREAS, the 2019 Amendments to the 1997 Rules of Civil Procedure took effect on May 1, 2020;
WHEREAS, this Court, in A.M. No. 22-04-26-SC, crafted the Strategic Plan for Judicial Innovations 2022-2027, which lays down the reform initiatives necessary toward achieving a technology-driven Judiciary;
WHEREAS, a key activity under the Innovation outcome of the Strategic Plan for Judicial Innovations 2022-2027 is the development of an eCourt System Version 2.0 (eCourt PH 2.0) for the digitalization of adjudication, a key component of which is the digital filing and service of all pleadings, motions, and other court documents as well as the digital service of court orders in civil cases;
WHEREAS, on August 20, 2024, this Court issued the Guidelines on the Submission of Electronic Copies of Pleadings and Other Court Submissions Being Filed Before the Lower Courts Pursuant to the Efficient Use of Paper Rule/Moving Towards Digital Courts: Component One: Transition to Electronic Filing and Service of Pleading, Motions and Other Documents as Well as Digital Services of all Orders in Civil Cases;
WHEREAS, this Court, in the Resolution dated November 26, 2024 in A.M. No. 19-10-20-SC, approved the Interim Rule on the Electronic Filing and Service of Pleadings, Judgments, and Other Papers in Civil Cases, which became Rule 13-A of the 1997 Rules of Civil Procedure, as amended by the Resolution dated October 15, 2019 in the same administrative matter;
WHEREAS, Rule 13-A provides for mandatory electronic filing and service of pleading, motions, and other paper for civil cases in the first- and second-level courts only;
WHEREAS, under Section 1, Rule 13-A, special proceedings are not covered by mandatory electronic filing and service of pleadings, motions, and other papers for civil cases in the first- and second-level courts;
WHEREAS, cases concerning the declaration of absolute nullity of marriage and annulment of marriage are currently classified as special proceedings, with the Benchbook for Trial Court Judges specifically categorizing the declaration of nullity of marriage under Article 36 of the Family Code as a special proceeding;
WHEREAS, the litigation of cases involving the declaration of absolute nullity of marriage and annulment of marriage is procedurally similar to the prosecution of civil actions;
NOW, THEREFORE, acting on the recommendation of the Office of the Court Administrator, this Court, sitting En Banc, resolves to include cases involving the declaration of absolute nullity of marriage and annulment of marriage under the coverage of Rule 13-A by amending Section 1 of the said Rule to read as follows:
February 4, 2025, Manila, Philippines.
WHEREAS, this Court, in A.M. No. 22-04-26-SC, crafted the Strategic Plan for Judicial Innovations 2022-2027, which lays down the reform initiatives necessary toward achieving a technology-driven Judiciary;
WHEREAS, a key activity under the Innovation outcome of the Strategic Plan for Judicial Innovations 2022-2027 is the development of an eCourt System Version 2.0 (eCourt PH 2.0) for the digitalization of adjudication, a key component of which is the digital filing and service of all pleadings, motions, and other court documents as well as the digital service of court orders in civil cases;
WHEREAS, on August 20, 2024, this Court issued the Guidelines on the Submission of Electronic Copies of Pleadings and Other Court Submissions Being Filed Before the Lower Courts Pursuant to the Efficient Use of Paper Rule/Moving Towards Digital Courts: Component One: Transition to Electronic Filing and Service of Pleading, Motions and Other Documents as Well as Digital Services of all Orders in Civil Cases;
WHEREAS, this Court, in the Resolution dated November 26, 2024 in A.M. No. 19-10-20-SC, approved the Interim Rule on the Electronic Filing and Service of Pleadings, Judgments, and Other Papers in Civil Cases, which became Rule 13-A of the 1997 Rules of Civil Procedure, as amended by the Resolution dated October 15, 2019 in the same administrative matter;
WHEREAS, Rule 13-A provides for mandatory electronic filing and service of pleading, motions, and other paper for civil cases in the first- and second-level courts only;
WHEREAS, under Section 1, Rule 13-A, special proceedings are not covered by mandatory electronic filing and service of pleadings, motions, and other papers for civil cases in the first- and second-level courts;
WHEREAS, cases concerning the declaration of absolute nullity of marriage and annulment of marriage are currently classified as special proceedings, with the Benchbook for Trial Court Judges specifically categorizing the declaration of nullity of marriage under Article 36 of the Family Code as a special proceeding;
WHEREAS, the litigation of cases involving the declaration of absolute nullity of marriage and annulment of marriage is procedurally similar to the prosecution of civil actions;
NOW, THEREFORE, acting on the recommendation of the Office of the Court Administrator, this Court, sitting En Banc, resolves to include cases involving the declaration of absolute nullity of marriage and annulment of marriage under the coverage of Rule 13-A by amending Section 1 of the said Rule to read as follows:
SECTION 1. Coverage. – This Rule shall govern the electronic filing of all pleadings, motions, and other papers, as well as their service, except those for which a different mode of service is prescribed. This Rule shall be applicable exclusively in:This amendment shall take effect following its publication in the Official Gazette or in two newspapers of general circulation.
Aside from item (1), no other cases falling under the classification of special proceedings shall be covered by this Rule.
This Rule shall have no suppletory effect on other types of cases. (Amendments underscored)
February 4, 2025, Manila, Philippines.
(Sgd.) ALEXANDER G. GESMUNDO Chief Justice | |
| (Sgd.) MARVIC M.V.F. LEONEN Senior Associate Justice | (Sgd.) ALFREDO BENJAMIN S. CAGUIOA Associate Justice |
(Sgd.) RAMON PAUL L. HERNANDO Associate Justice | (Sgd.) AMY C. LAZARO-JAVIER Associate Justice |
| (Sgd.) HENRI JEAN PAUL B. INTING Associate Justice | (Sgd.) RODIL V. ZALAMEDA Associate Justice |
| (Sgd.) MARIO V. LOPEZ Associate Justice | (Sgd.) SAMUEL H. GAERLAN Associate Justice |
| (Sgd.) RICARDO R. ROSARIO Associate Justice | (Sgd.) JHOSEP Y. LOPEZ Associate Justice |
| (Sgd.) JAPAR B. DIMAAMPAO Associate Justice | (Sgd.) JOSE MIDAS P. MARQUEZ Associate Justice |
| (Sgd.) ANTONIO T. KHO, JR. Associate Justice | On leave MARIA FILOMENA D. SINGH Associate Justice |