Thursday, March 5, 2009

Re:Service by E-mail Under New Rules on Corpo Rehab

I noticed that one of our classmates pondered the possibility of doing service of pleadings, notices and other documents through e-mail. Well, the Supreme Court just issued new rules on corporate rehabilitation and the Rules specifically recognize service by e-mail as a possible mode of service if so allowed by the RTC where the petition for rehabilitation is pending. Sec. 3 states that"... any pleading or document required by these Rules may be filed with the Court and/or served upon the other parties by facsimile transmission or electronic mail (e-mail). In such cases, the date of transmission shall be deemed to be the date of service." I find this intriguing for a number of reasons.

1) I just do not know if our courts is sufficiently equipped and funded to handle service by electronic mail. Some RTCs (Marikina and Antipolo, I think) do not even have working phone lines due to non-payment of bills.

2) I am not sure if all commercial courts here in the Philippines can access the Internet.

3) This particular mode of service of pleadings definitely needs an online notarization system, in case the pleadings needs to be verified.

4) Lawyers engaged in corporate rehab practice will now have to obtain electronic signatures.

* As a person who is seriously considering corporate practice, I am looking forward to sending petitions via e-mail because the amount of time and money that clients and lawyers have to spend in filing alone can be enormously reduced.

Judith Ann C. Alejo
2001-01820

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