RESOLVED, That the Commission approve, as it hereby approves, the Revised Guidelines on the Electronic Filing and Service in Social Security Commission Cases, viz:
REVISED GUIDELINES ON THE ELECTRONIC FILING AND SERVICE IN SOCIAL SECURITY COMMISSION (SSC) CASES
In view of the limitations of movement of people under the community quarantine as a result of the COVID-19 pandemic, and in pursuance to Section 2 of the 2016 Rules of Procedure of the Social Security Commission (SSC) which provides that technical rules are not binding but to be liberally construed to carry out the objectives of the Social Security Law in order to assist the parties in obtaining expeditious and inexpensive settlement or resolution of disputes, the SSC, under its Resolution No. 550 dated 21 October 2020, hereby approved the following guidelines on electronic filing and service of petitions, pleadings, motions and other submissions, and service of summons, orders and resolutions in SSC cases, to be effective immediately:
Manner of Filing. - The filing of petitions and all other pleadings, motions and submissions with the SSC may be done by electronic mailing (e-mail) at the Commission Clerk at email@example.com.
Except for petitions which must strictly conform with the requirements of Sections 1, 2, 3 and 4, Rule II of the 2016 Rules of Procedure of the SSC before the same may be docketed, all pleadings, motions and submissions, are deemed to have been filed on the date of e-mail transmission. Provided, that in case of petitions that are compliant with the said rules, the date of e-mail transmission shall likewise be deemed to be the date of filing.
A paper copy of the pleading, motion or other submission electronically filed by the parties and/or their counsel shall be attached to the records of the case.
Service by E-mail. - The service of copies of all pleadings, motions and submissions to the other party or parties and/or their counsel, may be made by e-mail, if they agree or consent to such mode of service. Otherwise, service shall be made personally or by registered mail.
Provided, that the parties should signify and inform the SSC at the earliest opportunity of their agreement or consent to the electronic mode of service.
Provided, further, that a party or his/her counsel who files a petition, pleading, motion or submission by e-mail shall indicate therein his/her e-mail address and is deemed to have given consent to be served at such e-mail address by the other party/ies and/or their counsel, and/or the SSC to also serve orders, other documents and resolutions at such e-mail address.
Provided, finally, that e-mail will be the primary mode of service by the SSC for summonses, orders, other documents and resolutions to all parties and counsels who are part of the Social Security System (SSS).
A paper copy of the summons, order, other document, and resolution electronically served by the SSC shall be retained and attached to the records of the case.
Change of Electronic Mail Address. - A party who changes his/her e-mail address while the action is pending must promptly file, within five (5) calendar days from such change, a notice of change of e-mail address with the SSC and serve notices thereof on all other parties. Service to a party at his/her given e-mail address on record shall be presumed valid unless such party notifies the SSC and other party/ies and/or counsels of the change in his/her e-mail address as stated.
Format of E-mail Subject and Title of Pleadings and Other Documents. - The subject of the e-mail must follow the prescribed format: case number, case title and the pleading, order or document title. The title of each electronically-filed or served pleading, motion or other document, and each submission served by e-mail shall contain sufficient information to enable the SSC to ascertain from the title: (a) the party or parties filing or serving the paper, (b) nature of the paper, (c) the party or parties against whom relief, if any, is sought, and (d) the nature of the relief sought.
Completeness of Service. - Electronic service is complete at the time of the electronic transmission of the document by the party, or when available, at the time that the electronic notification of service of the same is sent. Electronic service is not effective or complete if the party serving the document learns that it did not reach the addressee or person to be served.
For summons, order, other document, and resolution of the SSC, electronic service is complete at the time of its electronic transmission.
Proof of Service. - If the service on a party or parties and/or their counsel is made by e-mail, proof of service shall be made by a certification containing a statement of the date, place and manner of service executed by the person who sent the e-mail, together with a printed proof of transmittal.
If the summons, order, resolution and other document was served by SSC through e-mail, a printout of said e-mail, with a copy of the same as served, and the return of the Sheriff or other proper officer of the SSC who mailed the same, shall constitute as proof of service.