1997 RULES OF COURT 2019 AMENDMENT COMMENTS

Rule 6, Sec. 2, Pleadings Allowed. The defenses of Pleadings Allowed. The defenses The amendment is to address
second a party are alleged in the answer of a party are alleged in the gender sensitivity.
paragraph to the pleading asserting a claim answer to the pleading asserting
against him a claim against him or her.

Rule 6, Sec. 2, An answer may be responded to An answer may be responded to Previously, the filing of reply
third paragraph by a reply. by a reply only if the defending had no qualification or
party attaches an actionable limitation. With the
document to the answer. amendment, a reply may only
be filed if there is an
actionable document attached
to the answer.
Rule 6, Sec. 3 Complaint. The complaint is the Complaint. The complaint is the Even prior to the amendment,
pleading alleging the plaintiff's pleading alleging the plaintiff’s it was understood that the
cause or causes of action. The or claiming party’s cause or filing of complaint is not
names and residences of the causes of action. The names and limited to that of the plaintiff.
plaintiff and defendant must be residences of the plaintiff and A defendant may also file a
stated in the complaint. defendant must be stated in the complaint in the form of a
complaint counterclaim. The
amendment just reiterates or
emphasizes that the filing of
the complaint is not limited to
the plaintiff, as any claiming
party, including a defendant,
may file the same.
Rule 6, Sec. 4. Answer. An answer is a pleading Answer. An answer is a pleading The amendment is to address
in which a defending party sets in which a defending party sets gender sensitivity.
forth his defenses. forth his or her defenses.

Rule 6, Sec 5 (a) (a) A negative defense is the (a) A negative defense is the The amendment is to address
specific denial of the material fact specific denial of the material gender sensitivity.
or facts alleged in the pleading of fact or facts alleged in the
the claimant essential to his cause pleading of the claimant
or causes of action. essential to his or her cause or
causes of action.

Rule 6, Sec. 5 (b) (b) An affirmative defense is an
first paragraph allegation of a new matter which,
while hypothetically admitting
the material allegations in the
pleading of the claimant, would
nevertheless prevent or bar
recovery by him. The affirmative
defenses include fraud, statute of
limitations, release, payment,
illegality, statute of frauds,
estoppel, former recovery,
discharge in bankruptcy, and any
other matter by way of confession
and avoidance.
(b) An affirmative defense is an The amendment is to address
allegation of a new matter which, gender sensitivity.
while hypothetically admitting
the material allegations in the
pleading of the claimant, would
nevertheless prevent or bar
recovery by him or her. The
affirmative defenses include
fraud, statute of limitations,
release, payment, illegality,
statute of frauds, estoppel,
former recovery, discharge in
bankruptcy, and any other
matter by way of confession and
avoidance.

Rule 6, Sec. 5 (b) No second paragraph.
second
paragraph – new
insertion
Rule 6, Sec. 7 Compulsory counterclaim. A Compulsory
compulsory counterclaim is one
which, being cognizable by the
regular courts of justice, arises out
of or is connected with the
transaction or occurrence
constituting the subject matter of
the opposing party's claim and
does not require for its
adjudication the presence of third
parties of whom the court cannot
acquire jurisdiction. Such a
counterclaim must be within the
jurisdiction of the court both as to
the amount and the nature
Affirmative defenses may also
include grounds for the
dismissal of a complaint,
specifically, that the court has
no jurisdiction over the subject
matter, that there is another
action pending between the
same parties for the same cause,
or that the action is barred by a
prior judgment.
counterclaim. A Even prior to the amendment,
compulsory counterclaim is one
which, being cognizable by the
regular courts of justice, arises
out of or is connected with the
transaction or occurrence
constituting the subject matter of
the opposing party's claim and
does not require for its
adjudication the presence of
third parties of whom the court
cannot acquire jurisdiction. Such
a counterclaim must be within
the jurisdiction of the court both
as to the amount and the nature
Even prior to the amendment,
it has been recognized by Rule
9, Sec. 1 that the dismissal
based on these grounds may
be availed of at any time. The
amendment just reiterates or
emphasizes that these
grounds may included as
affirmative defenses. It is not
mandatory that these grounds
be all included as affirmative
defenses since the provision
makes use of the word “may”
and hence, directory. Thus,
these grounds may still be
raised at any time and are
generally not waivable.
it is settled that as a rule, a
compulsory counterclaim
should be raised in the same
action, and the failure to do so
shall bar one from claiming it
in another or subsequent
action, subject also to
exceptions. The amendment
seems to just emphasize or
reiterate this rule.

thereof, except that in an original thereof, except that in an original

action before the Regional Trial
Court, the counter-claim may be
considered compulsory
regardless of the amount
action before the Regional Trial
Court, the counterclaim may be
considered compulsory
regardless of the amount. A
compulsory counterclaim not
raised in the same action is
barred, unless otherwise
allowed by these Rules.

Rule 6, Sec. 8 Cross-claim. A cross-claim is any
claim by one party against a co-
party arising out of the
transaction or occurrence that is
the subject matter either of the
original action or of a original
counterclaim therein. Such cross-
claim may include a claim that the
party against whom it is asserted
is or may be liable to the cross-
claimant for all or part of a claim
asserted in the action against the
cross-claimant.
Cross-claim. A cross-claim is any The amendment merely
claim by one party against a co- paraphrased the previous
party arising out of the rule, making it less verbose.
transaction or occurrence that is
the subject matter either of the
action or of a
counterclaim therein. Such cross-
claim may cover all or part of the
original claim.

Rule 6, Sec. 10 Reply. A reply is a pleading, the Reply. All new matters alleged
Paragraph 1 and office or function of which is to in the answer are deemed
2 for the original deny, or allege facts in denial or controverted. If the plaintiff
rules; avoidance of new matters alleged wishes to interpose any claims
paragraphs 1-3 by way of defense in the answer arising out of the new matters so
under the and thereby join or make issue as alleged, such claims shall be set
amended rules to such new matters. If a party forth in an amended or
does not file such reply, all the supplemental complaint.
new matters alleged in the answer However, the plaintiff may file
are deemed controverted a reply only if the defending
party attaches an actionable
If the plaintiff wishes to interpose document to his or her answer.
any claims arising out of the new
matters so alleged, such claims A reply is a pleading, the office
shall be set forth in an amended or or function of which is to deny,
supplemental complaint. or allege facts in denial or
avoidance of new matters
alleged in, or relating to, said
actionable document.
In the event of an actionable
document attached to the reply,
the defendant may file a
rejoinder if the same is based
solely on an actionable
document.
Prior to the amendment, a
reply may or may not be filed.
If not filed, then all new
matters alleged in the answer
are deemed controverted,
unless the answer is based on
an actionable document, in
which case the failure to reply
will amount to an admission
of the genuineness and due
execution of the actionable
document. Here, even if the
answer is not based on an
actionable document, a reply
may or may not be filed.
With the amendment, a reply
may only be filed if the
answer attaches an actionable
document. This finds support
in Rule 6, Sec. 2, third
paragraph, which states that
an answer may be responded
to by a reply only if the
defending party attaches an
actionable document to the
answer. Moreover, by
definition, the function of the
reply is to only deny matters
alleged in or relating to said
actionable document attached
to the answer. Note that the

filing of reply is mandatory as

the rule makes use of the
word “may”. The failure to
file a reply when the answer is
based on an actionable
document will still be an
admission of the genuineness
and due execution of the
actionable document attached
to the answer.

If no actionable document is
attached, all new matters
raised in the answer are
deemed controverted, similar
to the previous rule, thus
dispensing with the need to
file a reply, if new matters are
raised and not actionable
document is attached to the
answer.

If the answer raises matters

that would warrant
interposing claims in relation
to said new claims in the
reply, the plaintiff should
instead raise those claims in
an amended or supplemental
complaint.

Relating this to Rule 10,

Section 3, it would mean then
that the amended complaint
must be with leave of court.
Moreover, supplemental
complaint should be read in
connection with Rule 10,
Section 6, which provides that
the supplemental pleading,
upon motion, may be filed if it
pertains to transactions,
occurrences or events which
have happened since the date
of the pleading sought to be
supplemented.

A rejoinder was not provided

under the original rules. With
the amendment, a rejoinder
may only be filed if the reply
attaches an actionable
document. The rejoinder shall
only be based on said
actionable document. Thus, in
the a absence of an actionable
document attached to the
reply, no rejoinder may be
filed.

Rule 6, Sec. 11. Third, (fourth, etc.)-party complaint. Third, (fourth, etc.)-party complaint.
Paragraph 1 for A third (fourth, etc.) — party A third (fourth, etc.) - party
the original complaint is a claim that a complaint is a claim that a
rules; defending party may, with leave defending party may, with leave
paragraphs 1 of court, file against a person not of court, file against a person not
and 2 under the a party to the action, called the a party to the action, called the
amended rules third (fourth, etc.) — party third (fourth, etc.)-party
defendant for contribution, defendant for contribution,
indemnity, subrogation or any indemnity, subrogation or any
other relief, in respect of his other relief, in respect of his or
opponent's claim. her opponent's claim.
The third (fourth, etc.) - party
complaint shall be denied
admission, and the court shall
require the defendant to
institute a separate action,
where: (a) the third (fourth,
etc.)- party defendant cannot be
located within thirty (30)
calendar days from the grant of
such leave; (b) matters
extraneous to the issue in the
principal case are raised; or (c)
the effect would be to introduce
a new and separate controversy
into the action.
The first paragraph under the
original and amended rules
are the same, except for the
amendment to address
gender sensitivity.
The second paragraph in the
amendment is a new
inclusion. It provides that the
third (fourth, etc.) – party
complaint may only be
allowed if the matters raised
are not extraneous to the issue
in the principal case and there
would be no introduction of a
new and separate controversy
into the action. It appears that
in these instances, leave of
court to file said third (fourth,
etc.) - party complaint will not
be granted.
Also, if the third (fourth, etc.)
– party defendant cannot be
located within 30 calendar
days from grant of such leave,
then it would appear that the
third (fourth, etc.) - party
complaint would be
dismissed. This is because the
prescribed period is reckoned
from the date that leave was

granted, and thus,

presupposes that the third
(fourth, etc.) - party complaint
was already admitted.

The proper remedy in any of

the foregoing instances would
instead be to file a separate
action.

Thus, even if the third (fourth,

etc.) - party complaint is not
based on matters extraneous
to the issue in the principal
case are raised; or would have
the effect of introducing a new
and separate controversy into
the action, still the third
(fourth, etc.) – party
complaint will not push
through and will be dismissed
if the third (fourth, etc.) –
party defendant cannot be
located within the said
prescribed period.

Rule 6, Sec. 13 Answer to third (fourth, etc.) – party
complaint. A third (fourth, etc.) —
party defendant may allege in his
answer his defenses,
counterclaims or cross-claims,
including such defenses that the
third (fourth, etc.) — party
plaintiff may have against the
original plaintiff's claim. In
proper cases, he may also assert a
counterclaim against the original
plaintiff in respect of the latter's
claim against the third-party
plaintiff.
Answer to third (fourth, etc.) – The amendment is to address
party complaint. Answer to third gender sensitivity.
(fourth, etc.)-party complaint. —
A third (fourth, etc.)- party
defendant may allege in his or
her answer his or her defenses,
counterclaims or cross-claims,
including such defenses that the
third (fourth, etc.)-party plaintiff
may have against the original
plaintiff's claim. In proper cases,
he or she may also assert a
counterclaim against the original
plaintiff in respect of the latter's
claim against the third-party
plaintiff.

Rule 7 Parts of a Pleading Parts and contents of a Pleading Amendment to title of the rule
to state that the rule covers the
parts and contents of a
pleading, as compared to the
original title that only
mentions parts of a pleading.

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Rule 7, Sec. 3 Signature and address. Every
Paragraphs 1-3 pleading must be signed by the
under the old party or counsel representing
rules, him, stating in either case his
paragraphs (a) to address which should not be a
(c) under the post office box.
amended rules
The signature of counsel
constitutes a certificate by him
that he has read the pleading; that
to the best of his knowledge,
information, and belief there is
good ground to support it; and
that it is not interposed for delay.
An unsigned pleading produces
no legal effect. However, the court
may, in its discretion, allow such
deficiency to be remedied if it
shall appear that the same was
due to mere inadvertence and not
intended for delay. Counsel who
deliberately files an unsigned
pleading, or signs a pleading in
violation of this Rule, or alleges
scandalous or indecent matter
therein, or fails promptly report to
the court a change of his address,
shall be subject to appropriate
disciplinary action.
Signature and address. (a) Every The first paragraph is
pleading and other written amended to state that not only
submissions to the court must pleadings shall be signed by
be signed by the party or counsel the party or counsel, but also
representing him or her. any other written submission.
A motion, for instance, is not a
(b) The signature of counsel pleading. Although in
constitutes a certificate by him or practice, all pleadings,
her that he or she has read the motions or any written
pleading and document; that to submission filed in court are
the best of his or her knowledge, signed by the party or his
information, and belief, formed counsel, the amendment puts
after an inquiry reasonable in writing the foregoing rule.
under the circumstances: The first paragraph deleted
the statement that the
(1) It is not being presented for address, that should not be a
any improper purpose, such as post office box should be
to harass, cause unnecessary indicated in the signature.
delay, or needlessly increase the
cost of litigation; Same with the original rule,
the amendment provides that
(2) The claims, defenses, and the signature of counsel
other legal contentions are constitutes a certification but
warranted by existing law or additionally addresses gender
jurisprudence, or by a non- sensitivity and provides that
frivolous argument for the counsel’s knowledge,
extending, modifying, or information and belief is
reversing existing based or formed after an
jurisprudence; inquiry that is reasonable
under the circumstance.
(3) The factual contentions have
evidentiary support or, if
11


specifically so identified, will Under the original rule,

likely have evidentiary support counsel certifies that the
after availment of the modes of pleading has good ground to
discovery under these rules; and support it; and that it is not
interposed for delay. The
(4) The denials of factual amendment specifies further
contentions are warranted on the certification of the counsel
the evidence or, if specifically that the pleading or written
so identified, are reasonably submission: (1) is not filed for
based on belief or a lack of any improper purpose to
information. harass, delay or increase cost
of litigation; (2) has claims,
(c) If the court determines, on defenses and other legal
motion or motu proprio and contentions that are
after notice and hearing, that warranted by
this rule has been violated, it law/jurisprudence, and not
may impose an appropriate merely based on frivolous
sanction or refer such violation arguments contrary to
to the proper office for jurisprudence; (3) has factual
disciplinary action, on any contentions that have
attorney, law firm, or party that evidentiary basis, or may be
violated the rule, or is likely supported by evidence
responsible for the violation. after availment of modes of
Absent exceptional discovery; and (4) the denials
circumstances, a law firm shall of facts are based on evidence,
be held jointly and severally or based on belief or lack of
liable for a violation committed information if specifically so
by its partner, associate, or identified.
employee. The sanction may
include, but shall not be limited Based on the original
to, non-monetary directive or provision, a violation of the
sanction; an order to pay a rule, alleging scandalous or

12

penalty in court; or, if imposed
on motion and warranted for
effective deterrence, an order
directing payment to the
movant of part or all of the
reasonable attorney’s fees and
other expenses directly
resulting from the violation,
including attorney’s fees for the
filing of the motion for
sanction. The lawyer or law
firm cannot pass on the
monetary penalty to the client.
13
indecent matter in the
pleading, or failing to
promptly report to the court a
change of address, shall be
subject to appropriate
disciplinary action.
With the amendment, there is
also a sanction for the
violation of the rule. The
violation may be determined
upon motion or by the court
on its own initiative, which
was not expressly provided
under the old rule. In case of
alleged violation, a sanction
may already be imposed after
notice and hearing or the
matter may be referred to the
proper office for disciplinary
action.
In the amendment, which is
not present in the original
provision, the disciplinary
action shall be on the attorney,
law firm or party that violated
the rule or is responsible
therefor. The law firm shall be
jointly and severally liable for


a violation committed by its

partner, associate, or
employee.

The sanction may include, but

shall not be limited to, non-
monetary directive or
sanction; an order to pay a
penalty in court; or, if
imposed on motion and
warranted for effective
deterrence, an order directing
payment to the movant of part
or all of the reasonable
attorney’s fees and other
expenses directly resulting
from the violation, including
attorney’s fees for the filing of
the motion for sanction. The
lawyer or law firm cannot
pass on the monetary penalty
to the client.

The foregoing rule on

sanctions will not apply if
there are exceptional
circumstances presented.

The amendment no longer

contains a provision for an
unsigned pleading that may
be remedied if due to

14


inadvertence and not based

on delay. The deletion of this
provision means that the
failure to sign a pleading may
not be remedied, and the
lawyer and firm or party
involved with such failure to
sign may be sanctioned as
provided herein, unless there
are exceptional
circumstances.

The unsigned pleading term,

however, is still used in the
next provision, referring to
pleadings that should be
verified but were not verified.
Rule 7, Sec. 6, Verification. Except when Verification. Except when The term “or accompanied by
paragraphs 1-3 otherwise specifically required by otherwise specifically required affidavit” was deleted in the
under the law or rule, pleadings need not be by law or rule, pleadings need amendment of the first
original rules under oath, verified or not be under oath or verified or paragraph. It may seem that it
and paragraphs accompanied by affidavit. accompanied by affidavit. is deleted for being
1-4 under the redundant, since verifying a
amended rules A pleading is verified by an A pleading is verified by an pleading is done by an
affidavit that the affiant has read affidavit of an affiant duly affidavit.
the pleading and that the authorized to sign said
allegations therein are true and verification. The authorization The second paragraph as
correct of his personal knowledge of the affiant to act on behalf of amended is longer.
or based on authentic records. a party, whether in the form of a
secretary’s certificate or a The amended rule requires
special power of attorney, that the authority of the
should be attached to the affiant to sign the verification

15

A pleading required to be verified
which contains a verification
based on "information and belief",
or upon "knowledge, information
pleading, and shall allege the (either a Secretary’s
following attestations: Certificate of a Special Power
of Attorney) should be
(a) The allegations in the attached to the pleading. The
pleading are true and correct original rule did not require
based on his or her personal that attachment. Based on the
knowledge, or based on old rule, jurisprudence also
authentic documents; recognized that a president of
a corporation may sign the
(b) The pleading is not filed to verification even without a
harass, cause unnecessary verification. (Colegio Medico-
delay, or needlessly increase the Farmaceutico De Filipinas, Inc.
cost of litigation; and v. Lim, G.R. No. 212034, July 2,
2018) Also, the proof of
(c) the factual allegations authority to sign may be
therein have evidentiary resolved during trial. (246
support or, if specifically so Corp. v. Daway, G.R. No.
identified, will likewise have 157216, November 20, 2003)
evidentiary support after a With the amendment, it
reasonable opportunity for appears that the proof of
discovery. authority, even for the
president, should already be
The signature of the affiant established by attaching said
shall further serve as a proof to the pleading.
certification of the truthfulness
of the allegations in the The old and amended rules
pleading. are the same in requiring the
verification to state that the
A pleading required to be affiant has read the pleading
verified that contains a and that the allegations
verification based on therein are true and correct
"information and belief", or upon based on personal knowledge
16


and belief", or lacks a proper "knowledge, information and or authentic records. The
verification, shall be treated as an belief", or lacks a proper amendment however
unsigned pleading. verification, shall be treated as an reiterates in the third
unsigned pleading. paragraph that the signature
of the affiant serves as
certification of the
truthfulness of the allegations
in the pleading.

Additionally, the amendment

requires the affiant to state
that the pleading was not filed
to harass, cause unnecessary
delay, or needlessly increase
the cost of litigation; and that
the factual allegations have
evidentiary support or if
specifically so identified, will
likewise have evidentiary
support after a reasonable
opportunity for discovery.
These allegations are similar
to the certification the
signature purports under
Rule 7, Sec. 3. Note also that if
the allegations are not yet
based on actual evidence in
the possession of the party
concerned, the verification
must state that the allegations
will have evidentiary support
after a reasonable opportunity

17


for discovery, and these

factual allegations that will be
established after modes of
discovery appear to be
required to be
specified/identified. So the
verification must specifically
state which factual allegations
shall be established by
evidence after reasonable
opportunity to avail of modes
of discovery.

The last paragraph was

amended to change the word
“which” to “that”. Other than
that, the import of the last
paragraphs of the old and
amended rules remain the
same.
Rule 7, Sec. 5, Certification Against Forum Certification Against Forum The first paragraphs are
paragraphs 1-2 Shopping. The plaintiff or Shopping. The plaintiff or essentially the same except for
under the old principal party shall certify under principal party shall certify the revisions addressing
rules, and oath in the complaint or other under oath in the complaint or gender sensitivity and the
paragraphs 1-3 initiatory pleading asserting a other initiatory pleading qualification that the report
under the new claim for relief, or in a sworn asserting a claim for relief, or in a shall be made within 5
rules certification annexed thereto and sworn certification annexed calendar days, which
simultaneously filed therewith: thereto and simultaneously filed qualification was absent
(a) that he has not theretofore therewith: (a) that he or she has under the old rules.
commenced any action or filed not theretofore commenced any
any claim involving the same action or filed any claim

18

issues in any court, tribunal or
quasi-judicial agency and, to the
best of his knowledge, no such
other action or claim is pending
therein; (b) if there is such other
pending action or claim, a
complete statement of the present
status thereof; and (c) if he should
thereafter learn that the same or
similar action or claim has been
filed or is pending, he shall report
that fact within five (5) days
therefrom to the court wherein his
aforesaid complaint or initiatory
pleading has been filed.
Failure to comply with the
foregoing requirements shall not
be curable by mere
amendment of the complaint or
other initiatory pleading but shall
involving the same issues in
any court, tribunal or quasi-
judicial agency and, to the
best of his knowledge, no such
other action or claim is pending
therein; (b) if there is such other
pending action or claim, a
complete statement of the
present status thereof; and (c) if
he or she should thereafter learn
that the same or similar action or
claim has been filed or is
pending, he shall report that fact
within five (5) calendar days
therefrom to the court wherein
his or her aforesaid complaint or
initiatory pleading has been
filed.
The authorization of the affiant A new second paragraph was
to act on behalf of a party, inserted, similar to the
whether in the form of a requirement under
secretary’s certificate or a verification, that requires the
special power of attorney, proof of authority to execute
should be attached to the the certification should be
pleading. attached to the pleading.
Failure to comply with the The last paragraphs are the
foregoing requirements shall not same.
be curable by mere
amendment of the complaint or
other initiatory pleading but
19


be cause for the dismissal of the shall be cause for the

case without prejudice, unless dismissal of the case without
otherwise provided, upon motion prejudice, unless otherwise
and after hearing. The provided, upon motion and after
submission of a false certification hearing. The submission of a
or non-compliance with any of the false certification or non-
undertakings therein shall compliance with any of the
constitute indirect undertakings therein shall
contempt of court, without constitute indirect
prejudice to the corresponding contempt of court, without
administrative and criminal prejudice to the corresponding
actions. If the acts of the party or administrative and criminal
his counsel clearly constitute actions. If the acts of the party or
willful and deliberate forum his counsel clearly constitute
shopping, the same shall be willful and deliberate forum
ground for summary dismissal shopping, the same shall be
with prejudice and shall ground for summary dismissal
constitute direct contempt, as well with prejudice and shall
as a cause for administrative constitute direct contempt, as
sanctions. well as a cause for administrative
sanctions.

Rule 7, Sec. 6 No section 6. Contents. Every pleading
stating a party's claims or
defenses shall, in addition to
those mandated by Section 2,
Rule 7, state the following:
(a) Names of witnesses who will
be presented to prove a party's
claim or defense;
(b) Summary of the witnesses'
intended testimonies, provided
This new provision should be
read in relation to Rule 8,
Section 1, which provides that
every pleading (including the
complaint) should contain a
statement of the evidence
relied on. In this regard,
Section 6, thus requires that
the witnesses and their names
should be included, the

20

that the judicial affidavits of
said witnesses shall be attached
to the pleading and form an
integral part thereof. Only
witnesses whose judicial
affidavits are attached to the
pleading shall be presented by
the parties during trial. Except if
a party presents meritorious
reasons as basis for the
admission of additional
witnesses, no other witness or
affidavit shall be heard or
admitted by the court; and
(c) Documentary and object
evidence in support of the
allegations contained in the
pleading
21
summaries of their respective
testimonies in addition to the
judicial affidavits to be
attached thereto and the
documentary and object
evidence in support of the
allegations in the pleading.
This requirement would
ensure that a person filing a
case or a pleading would, at
the time of filing, already have
evidentiary basis to back the
same up, and there would be
no delay caused by parties
still trying to find evidence as
basis for the claims during the
pendency of the case.
The failure to comply with the
same shall prevent the party
filing the pleading from
presenting a witness not
mentioned in said pleading,
unless there are meritorious
reasons to allow the same.
Notably, as mentioned, a
Motion is not a pleading and
hence, it appears that the
motion would not require

Rule 8, Section 1, In General. Every pleading shall
paragraphs 1 contain in a methodical and
and 2 under the logical form, a plain, concise and
old and direct statement of the ultimate
amended rules facts on which the party pleading
relies for his claim or defense, as
the case may be, omitting the
statement of mere evidentiary
facts.
In general. Every pleading shall
contain in a methodical and
logical form, a plain, concise and
direct statement of the ultimate
facts, including the evidence on
which the party pleading relies
for his or her claim or defense, as
the case may be, omitting the
statement of mere evidentiary
facts.
22
attaching and stating therein
the foregoing requirements.
The amended first paragraph
deletes the statement that the
evidentiary facts should be
omitted and instead, requires
the inclusion of the evidence.
The pleading, such as the
complaint, is not anymore
limited to ultimate facts. This
should be read with Section 6,
Rule 7, which requires the
witnesses, the summaries of
their testimonies and their
judicial affidavits and
documentary and object
evidence to already be
included in the pleading.
Otherwise, the party filing the
pleading will be prevented
from presenting witnesses
during trial not included in
the pleading, except for
meritorious reasons.

If a defense relied on is based on
law, the pertinent provisions
thereof and their applicability to
him shall be clearly and concisely
stated.
Rule 8, Sec. 6 Judgment. In pleading a judgment
or decision of a domestic or
foreign court, judicial or quasi-
judicial tribunal, or of a board or
officer, it is sufficient to aver the
judgment or decision without
setting forth matter showing
jurisdiction to render it.
Rule 8, Sec. 7 Action or Defense Based on
Document. Whenever an action or
defense is based upon a written
instrument or document, the
substance of such instrument or
document shall be set forth in the
pleading, and the original or a
copy thereof shall be attached to
the pleading as an exhibit, which
shall be deemed to be a part of the
pleading, or said copy may with
If a cause of action or defense
relied on is based on law, the
pertinent provisions thereof and
their applicability to him or
her shall be clearly and concisely
stated.
Judgment. In pleading a
judgment or decision of a
domestic or foreign court,
judicial or quasi-judicial
tribunal, or of a board or officer,
it is sufficient to aver the
judgment or decision without
setting forth matter showing
jurisdiction to render it. An
authenticated copy of the
judgment or decision shall be
attached to the pleading.
Action or Defense Based on
Document. Whenever an action
or defense is based upon a
written instrument or document,
the substance of such instrument
or document shall be set forth in
the pleading, and the original or
a copy thereof shall be attached
to the pleading as an exhibit,
which shall be deemed to be a
part of the pleading, or said copy
23
The second paragraph was
amended to include “cause of
action” and to address gender
sensitivity. In other words, the
pleading should contain the
legal bases for the cause of
action or defense.
The amendment is in line with
including evidence to the
pleading. An authenticated
copy of the judgment is
evidence thereof.
Under the old rules, there are
2 ways of pleading
an actionable document,
namely: (a) by alleging the
substance of such written
instrument in the pleading
and attaching a copy thereof
to the pleading; and (b) by
copying the instrument in the
pleading. (Imperial Textile
Mills, Inc. v. Court of Appeals,

like effect be set forth in the may with like effect be set forth G.R. No. 86568, March 22,
pleading. in the pleading.
Rule 8, Sec. 8 How to Contest Such Documents.
When an action or defense is
founded upon a written
instrument, copied in or attached
to the corresponding pleading as
provided in the preceding section,
the genuineness and due
execution of the instrument shall
be deemed admitted unless the
adverse party, under oath,
specifically denies them, and sets
forth what he claims to be the
facts; but the requirement of an
oath does not apply when the
adverse party does not appear to
be a party to the instrument or
when compliance with an order
1990)
How to Contest Such Documents.
When an action or defense is
founded upon a written
instrument, copied in or
attached to the corresponding
pleading as provided in the
preceding section, the
genuineness and due execution
of the instrument shall be
deemed admitted unless the
adverse party, under oath
specifically denies them, and sets
forth what he or she claims to be
the facts; but the requirement of
an oath does not apply when the
adverse party does not appear to
be a party to the instrument or
when compliance with an order
24
With the amendment, the
second manner of pleading an
actionable document no
longer applies. The substance
of the actionable document
must be alleged in the
pleading and a copy thereof
must be attached. Copying the
instrument in the pleading
will no longer suffice.
The provision is essentially
the same except for the
deletion of the second manner
of pleading an actionable
document (by copying the
instrument in the pleading),
and the amendment to
address gender sensitivity.

for an inspection of the original for an inspection of the original
instrument is refused. instrument is refused.
Rule 8, Sec. 9 Official Document or Act. In
pleading an official document or
official act, it is sufficient to aver
that the document was issued or
the act done in compliance with
law.
Rule 8, Sec. 10 Specific Denial. A defendant must
specify each material
allegation of fact the
truth of which he does not admit
and, whenever practicable, shall
set forth the substance of the
matters upon which he relies to
support his denial. Where a
defendant desires to deny only a
part of an averment, he shall
specify so much of it as is true and
material and shall deny only the
remainder. Where a defendant is
without knowledge or
information sufficient to form a
belief as to the truth of a material
averment made in the complaint,
he shall so state, and this shall
have the effect of a denial.
Official Document or Act. In Amendment involves a
pleading an official document or grammatical change only.
official act, it is sufficient to aver
that the document was issued or
the act was done in compliance
with law.
Specific Denial. A defendant The amendment only
must specify each material addresses gender sensitivity.
allegation of fact the truth of
which he or she does not admit
and, whenever practicable, shall
set forth the substance of the
matters upon which he or
she relies to support his or
her denial. Where a defendant
desires to deny only a part of an
averment, he or she shall specify
so much of it as is true and
material and shall deny only the
remainder. Where a defendant is
without knowledge or
information sufficient to form a
belief as to the truth of a material
averment made to the complaint,
he or she shall so state, and this
shall have the effect of a denial.
25

Rule 8, Sec. 11 Allegations Not Specifically Denied
Deemed Admitted. Material
averment in the complaint, other
than those as to the
amount of unliquidated damages,
shall be deemed admitted when
not specifically denied.
Allegations of usury in a
complaint to recover usurious
interest are deemed admitted if
not denied under oath
Rule 8, Sec. 12 Striking Out of Pleading or Matter
Contained Therein. — Upon
motion made by a party before
responding to a pleading or, if no
responsive pleading is permitted
by these Rules, upon motion
made by a party within twenty
(20) days after the service of the
pleading upon him, or upon
the court's own initiative at any
time, the court may order any
pleading to be stricken out or that
any sham or false, redundant,
immaterial, impertinent, or
scandalous matter be stricken out
therefrom.
Allegations Not Specifically Denied
Deemed Admitted.
Material averments in a plural form. Instead stating
pleading asserting a claim or
claims, other than those as to the
amount of unliquidated
damages, shall be deemed
admitted when not specifically
denied. Allegations of usury in a
complaint to recover usurious
interest are deemed admitted if
not denied under oath
Affirmative Defenses. (a) A
defendant shall raise his or her
affirmative defenses in his or
her answer, which shall be
limited to the reasons set forth
under Section 5 (b),Rule 6, and
the following grounds:
1. That the court
has no jurisdiction over the
person of the defending party;
2. That venue is improperly
laid;
3. That the plaintiff has no legal
capacity to sue;
4. That the pleading asserting
the claim states no cause of
action; and
26
The amendment changes the
term “material averment” into
that the material averment is
in the complaint, it is
amended to state that it is in a
pleading asserting a claim or
claims. The provision on
allegations of usury in a
complaint was deleted,
probably because of the
suspension of the Usury Law.
The old Section 12 was moved
to Section 13, and a new
section 12 on Affirmative
Defenses was inserted.
It should be read with Rule 6,
Section 5(b).
Thus, the affirmative defenses
include the following:
1. Fraud;
2. Statute of limitations;
3. Release;
4. Payment;
5. Illegality;
6. Statute of frauds;
7. Estoppel;
8. Former recovery;


5. That a condition precedent 9. Discharge in

for filing the claim has not been bankruptcy;
complied with. 10. Any other matter by
way of confession and
(b) Failure to raise the avoidance;
affirmative defenses at the 11. Lack of jurisdiction
earliest opportunity shall over the subject matter;
constitute a waiver thereof. 12. Litis pendentia;
13. Res judicata;
(c) The court shall motu 14. Lack of jurisdiction
proprio resolve the above over the person of
affirmative defenses within defendant;
thirty (30) calendar days from 15. Improper venue;
the filing of the answer. 16. Plaintiff has no legal
capacity to sue;
(d) As to the other affirmative 17. Failure to state cause of
defenses under the first action; and
paragraph of Section 5 (b),Rule 18. Failure to comply with
6, the court may conduct a condition precedent.
summary hearing within fifteen
(15) calendar days from the Even without this
filing of the answer. Such amendment, the old rules
affirmative defenses shall be recognize that the grounds for
resolved by the court within a motion to dismiss may be
thirty (30) calendar days from used as affirmative defenses.
the termination of the summary
hearing. The new amendment also
provides that the failure to
(e) Affirmative defenses, if raise the affirmative defenses
denied, shall not be the subject at the earliest opportunity
of a motion for reconsideration shall be a waiver thereof,
or petition for certiorari,

27

prohibition or mandamus, but
may be among the matters to be
raised on appeal after a
judgment on the merits
|||
28
without prejudice to the non-
waivable grounds.
The amendment also requires
the courts to resolve the
foregoing affirmative
defenses within 30 days from
filing thereof, upon its own
initiative. This is a new
inclusion not found under the
old rules. In fact, based on the
old rules, courts would desist
from ruling on the affirmative
defenses and instead proceed
to trial. Now, courts are
required to rule on the
affirmative defenses within
the prescribed period.
There may be a summary
hearing on the affirmative
defenses within 15 calendar
days from the filing of answer,
if based on the grounds in
Section 5 (b), Rule 6. If there is
a summary hearing, the
affirmative defenses shall be
resolved within 30 calendar
days from the termination of
said hearing.


The amendment also

categorically provides that if
the affirmative defenses are
denied, a motion for
reconsideration to assail the
order of denial shall not be
the subject of a motion for
reconsideration or petition
for certiorari, prohibition
or mandamus, but may be
among the matters to be
raised on appeal after a
judgment on the merits. This
means that from the denial of
the affirmative defenses, the
case will just proceed to trial.

Note that this provision

incorporates some of the
provisions of Section 6, Rule
16, which provides that the
grounds for a motion to
dismiss may be pleaded as
affirmative defense.

Note also that this provision

already contains the grounds
for dismissal under the now
deleted old Section 1, Rule 16.
Hence, the grounds to dismiss
should be alleged as
affirmative defenses, except

29

Rule 8, Sec. 13 No Section 13. But the amended
provision pertains to the old
Section 12:
Striking Out of Pleading or Matter
Contained Therein. Upon motion
made by a party before
responding to a pleading or, if no
responsive pleading is permitted
by these Rules, upon motion
made by a party within twenty
(20) days after the service of the
pleading upon him, or upon
the court's own initiative at any
time, the court may order any
pleading to be stricken out or that
any sham or false, redundant,
immaterial, impertinent, or
scandalous matter be stricken out
therefrom.
those falling under Section 1,
Rule 9, which are the only
grounds that may be raised by
motion to dismiss. All other
grounds are prohibited
motions to dismiss, under
Section 12, Rule 15.
The former Section 12 was
moved to Section 13. The
provision is essentially the
same except for the addition
Striking Out of Pleading or Matter of the word “calendar” to
Contained Therein. Upon motion qualify the 20-day period
made by a party before stated therein, and the
responding to a pleading or, amendment to address
if no responsive pleading is gender sensitivity.
permitted by these Rules, upon
motion made by a party within
twenty (20) calendar days after
the service of the pleading upon
him or her, or upon the court's
own initiative at any time, the
court may order any pleading to
be stricken out or that any sham
or false, redundant, immaterial,
impertinent, or scandalous
matter be stricken out therefrom
30


Rule 9, Sec. 3 Default; Declaration of. If the
defending party fails to answer
within the time allowed therefor,
the court shall, upon motion of the
claiming party with notice to the
defending party, and
proof of such failure, declare the
defending party in default.
Thereupon, the court shall
proceed to render judgment
granting the claimant such relief
as his pleading may warrant,
unless the court in its discretion
requires the claimant to submit
evidence. Such
reception of evidence may be
delegated to the clerk of court.
Default; Declaration of. If the The first paragraph is the
defending party fails to answer same, except for the
within the time allowed therefor, amendment to address
the court shall, upon motion of gender sensitivity.
the claiming party with notice to
the defending party, and proof of
such failure, declare the
defending party in default.
Thereupon, the court shall
proceed to render judgment
granting the claimant such relief
as his or her pleading may
warrant, unless the court in its
discretion requires the claimant
to submit evidence. Such
reception of evidence may be
delegated to the clerk of court.

(a) Effect of order of default. A party
in default shall be entitled to
notice of subsequent proceedings,
but not to take part in the trial.
(b) Relief from order of default. A
party declared in default may at
any time after notice thereof and
before judgment file a motion
under oath to set aside the
order of default upon proper
showing that his failure to answer
(a) Effect of order of default. A
party in default shall be entitled
to notices of subsequent
proceedings but shall not take
part in the trial.
(b) Relief from order of default. A
party declared in default may at
any time after notice thereof and
before judgment, file a motion
under oath to set aside the order
of default upon proper showing
that his or her failure to answer
was due to fraud, accident,
Paragraph (a) only involves
only the inclusion of the word
“shall” to emphasize that the
defaulting party will not take
part in the trial.
Paragraph (b) includes a
grammatical amendment, of
including a comma after the
word judgment, and
amendments to address
gender sensitivity.

31

was due to fraud, accident,
mistake or excusable negligence
and that he has a meritorious
defense. In such case, the
order of default may be set aside
on such terms and conditions as
the judge may impose in the
interest of justice.
(c) Effect of partial default. When a
pleading asserting a claim states a
common cause of action against
several defending parties,
some of whom answer and the
others fail to do so, the court shall
try the case against all upon the
answers thus filed and render
judgment upon the evidence
presented.
(d) Extent of relief to be awarded. A
judgment rendered against a
party in default shall not exceed
the amount or be different in kind
from that prayed for nor award
unliquidated damages
(e) Where no defaults allowed. If the
defending party in an action for
annulment or
declaration of nullity of marriage
or for legal separation fails to
mistake or excusable negligence
and that he or she has a
meritorious defense. In such
case, the order of default may be
set aside on such terms and
conditions as the judge may
impose in the interest of justice.
Paragraph (c) is the same.
(c) Effect of partial default. When a
pleading asserting a claim states
a common cause of action
against several defending
parties, some of whom answer
and the others fail to do so, the
court shall try the case against all
upon the answers thus filed and
render judgment upon the
evidence presented.
Paragraph (d) only includes a
(d) Extent of relief to be awarded. A grammatical amendment of
judgment rendered against a inserting the word “neither”.
party in default shall neither
exceed the amount or be
different in kind from that
prayed for nor award
unliquidated damages.
Paragraph (e) as amended,
(e) Where no defaults allowed. If the specifies that the prosecuting
defending party in an action for attorney is the Solicitor
annulment or declaration of General or his or her
nullity of marriage or for legal deputized public prosecutor.
separation fails to answer, the
32


answer, the court shall order the
prosecuting attorney to
investigate whether or not a
collusion between the parties
exists, and if there is no collusion,
to intervene for the State in order
to see to it that the evidence
submitted is not fabricated.
court shall order the Solicitor The old rule only mentioned
General or his or her deputized public prosecutor.
public prosecutor, to investigate
whether or not a collusion
between the parties exists, and if
there is no collusion, to intervene
for the State in order to see to it
that the evidence submitted is
not fabricated.

Rule 10, Sec. 2 Amendments as a matter of right. A
party may amend his pleading
once as a matter of right at any
time before a responsive pleading
is served or, in the case of a reply,
at any time within ten (10) days
after it is served.
Amendments as a matter of right. A Amendment qualified the
party may amend his pleading period of 10 days to 10
once as a matter of right at any calendar days.
time before a responsive
pleading is served or, in the
case of a reply, at any time within
ten (10) calendar days after it is
served.

Rule 10, Sec. 3 Amendments by Leave of Court. —
Except as provided in the next
preceding section, substantial
amendments may be made only
upon leave of court. But such
leave may be refused if it appears
to the court that the motion was
made with intent to delay.
Amendments by Leave of Court. —
Except as provided in the next
preceding Section, substantial
amendments may be made only
upon leave of court. But such
leave shall be refused if it
appears to the court that the
motion was made with intent to
delay or confer jurisdiction on
the court, or the pleading stated
no cause of action from the
beginning which could be
amended.
The amendment makes it not
merely directory but
mandatory for the court to
deny leave if the motion was
made with intent to delay,
confer jurisdiction on the
court, or the pleading stated
no cause of action from the
beginning which could be
amended.
Even prior to the amendment,
it was settled that an

33


amendment to confer
jurisdiction on the court will
not be allowed (Ventura v.
Militante, G.R. No. 63145,
[October 5, 1999)

Likewise, it is settled, even

before the amendment, that a
complaint whose cause of
action has not yet accrued
cannot be cured or remedied
by an amended or
supplemental pleading
alleging the existence or
accrual of a cause of action
while the case is
pending. Such an action is
prematurely brought and is,
therefore, a groundless suit,
which should be dismissed by
the court upon proper motion
seasonably filed by the
defendant. The underlying
reason for this rule is that a
person should not be
summoned before the public
tribunals to answer for
complaints which are
immature. (Swagman Hotels &
Travel Inc. v. Court of Appeals,
G.R. No. 161135, April 8, 2005)

34

Orders of the court upon the
matters provided in this section
shall be made upon motion filed
in court, and after notice to the
adverse party, and an
opportunity to be heard.
Rule 10, Sec. 5 Amendment to Conform to or
Authorize Presentation of Evidence.
When issues not raised by the
pleadings are tried with the
express or implied consent of the
parties, they shall be treated in all
respects as if they had been raised
in the pleadings. Such
amendment of the pleadings as
may be necessary to cause them to
conform to the evidence and to
raise these issues may be made
upon motion of any party at any
time, even after judgment; but
failure to amend does not affect
the result of the trial of these
issues. If evidence is objected to at
the trial on the ground that it is
not within the issues made by the
pleadings, the court may allow
the pleadings to be amended and
shall do so with liberality if the
presentation of the merits of the
Orders of the court upon the The second paragraph is the
matters provided in this Section same.
shall be made upon motion filed
in court, and after notice to the
adverse party, and an
opportunity to be heard.
No Amendment Necessary to Under the old rules, when
Conform to or Authorize evidence not within the issues
Presentation of Evidence. When raised in the pleadings is
issues not raised by the presented by the parties
pleadings are tried with the during the trial, the pleadings
express or implied consent of the are subsequently amended on
parties, they shall be treated in motion of a party to conform
all respects as if they had been to such evidence. Thus, a
raised in the complaint which fails to state
pleadings. No amendment of a cause of action may be cured
such pleadings deemed by evidence presented during
amended is necessary to cause the trial. (Swagman Hotels &
them to conform to the evidence. Travel Inc. v. Court of Appeals,
G.R. No. 161135, April 8, 2005)
The amended rules provide,
that the issues not raised in
the pleadings but tried with
the consent of the parties shall
already be treated as if they
had been raised in the
pleadings and as such, there
no need to amend the
35


action and the ends of substantial pleadings to conform to

justice will be subserved thereby. evidence, as they are deemed
The court may grant a amended already.
continuance to enable the
amendment to be made Thus, the amendment, even
by the title of the section,
provides that No amendment
is necessary to conform to or
authorize presentation of
evidence.
Rule 10, Sec. 6 Supplemental Pleadings. Upon Supplemental Pleadings. Upon The amendment involves a
motion of a party the court may, motion of a party, the court may, grammatical change, to add a
upon reasonable notice and upon upon reasonable notice and comma after the word
such terms as are just, permit him upon such terms as are just, “party”, to address gender
to serve a supplemental pleading permit him or her to serve a sensitivity and to qualify the
setting forth transactions, supplemental pleading setting 10-day period stated therein
occurrences or events which have forth transactions, occurrences or as 10 calendar days.
happened since the date of the events which have happened
pleading sought to be since the date of the pleading
supplemented. The adverse party sought to be supplemented. The
may plead thereto within ten (10) adverse party may plead thereto
days from notice of the order within ten (10) calendar
admitting the supplemental days from notice of the order
pleading admitting the supplemental
pleading.

36


Rule 10, Sec. 8 Effect of amended pleadings. An Effect of amended pleadings. An The amended provision
amended pleading supersedes the amended pleading supersedes changes “received” to
pleading that it amends. the pleading that it amends. “offered” in evidence. This
However, admissions in However, admissions in means that the admissions in
superseded pleadings may be superseded pleadings may be the superseded pleading may
received in evidence against the offered in evidence against the be offered, but not necessarily
pleader; and claims or defenses pleader, and claims or defenses received in evidence.
alleged therein not incorporated alleged therein not incorporated
in the amended pleading shall be in the amended pleading shall be
deemed waived deemed waived

Rule 11, Sec. 1 Answer to the complaint. The
defendant shall file his answer to
the complaint within fifteen (15)
days after service of summons,
unless a different period is fixed
by the court
Answer to the complaint. The
defendant shall file his or her
answer to the complaint within
thirty (30) calendar days after
service of summons, unless a
different period is fixed by
the court
There is a longer period
within which to file an answer
under the amended rule. It
was increased from 15 to 30
days. And the period is also
qualified by calendar days.
There is also an amendment to
address gender sensitivity.

Rule 11, Sec. 2. Answer of a defendant foreign private Answer of a defendant foreign The amendment increased the
juridical entity. Where the private juridical entity. Where the and qualified the period from
defendant is a foreign private defendant is a foreign private 30 days to 60 calendar days.
juridical entity and juridical entity and
service of summons is made on service of summons is made on
the government official the government official
designated by law to receive the designated by law to receive the
same, the answer shall be filed same, the answer shall be filed
within thirty (30) days after within sixty (60) calendar days
receipt of summons by such after receipt of summons by such
entity. entity.

37


Rule 11, Sec. 3 Answer to Amended Complaint.
Where the plaintiff files an
amended complaint as a
matter of right, the defendant
shall answer the same within
fifteen (15) days after being
served with a copy thereof.
Answer to Amended Complaint.
Where the plaintiff files an
amended complaint as a
matter of right, the defendant
shall answer the same within
thirty (30) calendar days after
being served with a copy thereof.
The first paragraph is
amended with an increased
the and qualified period -
from 15 days to 30 calendar
days.

Where its filing is not a
matter of right, the defendant
shall answer the amended
complaint within ten (10) days
from notice of the
order of admitting the same. An
answer earlier filed may serve as
the answer to the amended
complaint if no new answer is
filed.
Where its filing is not a The second paragraph is
matter of right, the defendant amended with an increased
shall answer the amended the and qualified period -
complaint within fifteen (15) from 10 days to 15 calendar
calendar days from notice of the days.
order of admitting the same. An
answer earlier filed may serve as
the answer to the amended
complaint if no new answer is
filed.

This Rule shall apply to the This Rule shall apply to an

answer to an amended answer to an amended The third paragraph only
counterclaim, amended cross- counterclaim, amended cross- changed “the” to “an”.
claim, amended third (fourth, claim, amended third (fourth,
etc.)-party complaint, and etc.)-party complaint, and
amended complaint-in- amended complaint-in-
intervention intervention

38


Rule 11, Sec. 4 Answer to counterclaim or cross-
claim. A counterclaim or cross-
claim must be answered within
ten (10) days from service.
Answer to counterclaim or cross- The amendment increased the
claim. A counterclaim or cross- and qualified the period from
claim must be answered within 10 days to 20 calendar days.
twenty (20) calendar days from
service.

Rue 11, Sec. 6 Reply. A reply may be filed within Reply. A reply, if allowed under The amendment should be
ten (10) days from service of the Section 10, Rule 6 hereof, may read with Rule 6, Section 10,
pleading responded to. be filed within fifteen (15) on the instances when a reply
calendar days from service of the may only be filed. In which
pleading responded to. case, the period to file, if
allowed, under the amended
rule was increased and
qualified – from 10 days to 15
calendar days.
Rule 11, Sec. 7 Answer to supplemental complaint. Answer to supplemental complaint. The amendment increased the
A supplemental complaint may A supplemental complaint may and qualified the period from
be answered within ten (10) days be answered within twenty (20) 10 days to 20 calendar days.
from notice of the order admitting calendar days from notice of the
the same, unless a different period order admitting the same, unless
is fixed by the court. The answer a different period is fixed by
to the complaint shall serve as the the court. The answer to the
answer to the supplemental complaint shall serve as the
complaint if no new or answer to the supplemental
supplemental answer is filed. complaint if no new or
supplemental answer is filed.

39

Rule 11, Sec. 8 Existing Counterclaim or Cross-
Claim. A compulsory
counterclaim or a cross-claim that
a defending party has at the time
he files his answer shall be
contained therein.
Rule 11, Sec. 9 Counterclaim or Cross-Claim
Arising After Answer. A Arising After Answer.
counterclaim or cross-claim
which either matured or was
acquired by a party after serving
his pleading may, with the
permission of the court, be
presented as a counterclaim or a
cross-claim by supplemental
pleading before judgment.
Rule 11, Sec. 10 Omitted Counterclaim or Cross-
Claim. When a pleader fails to set
up a counterclaim or a cross-claim
through oversight, inadvertence,
or excusable neglect, or when
justice requires, he may, by
leave of court, set up the
counterclaim or cross-claim by
amendment before judgment.
Existing Counterclaim or Cross- Amendment is only to
Claim. A compulsory address gender sensitivity.
counterclaim or a cross-claim
that a defending party has at the
time he or she files his or her
answer shall be contained
therein.
Counterclaim or Cross-Claim Amendment is only to
A address gender sensitivity.
counterclaim or cross-claim
which either matured or was
acquired by a party after serving
his or her pleading may, with the
permission of the court, be
presented as a counterclaim or a
cross-claim by supplemental
pleading before judgment.
Omitted Counterclaim or Cross- Amendment is only to
Claim. When a pleader fails to set address gender sensitivity.
up a counterclaim or a cross-
claim through oversight,
inadvertence, or excusable
neglect, or when justice requires,
he or she may, by leave of court,
set up the counterclaim or cross-
claim by amendment before
judgment.
40

Rule 11, Sec. 11 Extension of Time to Plead. Upon
motion and on such terms as may
be just, the court may extend the
time to plead provided in
these Rules.
The court may also, upon like
terms, allow an answer or other
pleading to be filed after the time
fixed by these Rules.
Extension of Time to File an
Answer. A defendant may, for
meritorious reasons, be granted
an additional period of not
more than thirty (30) calendar
days to file an answer. A
defendant is only allowed to
file one (1) motion for extension
of time to file an answer.
A motion for extension to file
any pleading, other than an
answer, is prohibited and
considered a mere scrap of
paper. The court, however, may
allow any other pleading to be
filed after the time fixed by
these Rules.
41
The title of the section was
amended from time to plead
to time to file an answer. Thus,
this provision specifically
only applies now to extension
of time to file an answer. The
extension of time to file an
answer now now has a limit of
30 calendar days and said
motions shall only be allowed
once. No such limitation was
present under the old rule.
The second paragraph
bolsters the amendment
limiting only to answers the
extension of time to file the
same. The second paragraph
categorically prohibits the
filing of motion for extension
of time to file a pleading other
than the answer. Such motion
shall be considered a mere
scrap of paper. In any case,
even without such motion for
extension of time, the court, in
its discretion, may allow any
other pleading to be filed after
the period prescribed for the
filing thereof has lapsed.


Note, however, that under the

old rule, the Second
paragraph of Section 11 states
that the court may allow an
answer or other pleading to be
filed after the time fixed by the
rules. Hence, even if the time
to file an answer had lapsed
but there was no motion to
dismiss yet, the Supreme
Court held that the court may
admit the answer belatedly
filed (Crisologo-Jose v. Land
Bank of the Phils., G.R. No.
167399, 22 June 2006) The
amended Section 11 allows
extension to file answer once,
for a period not exceeding 30
calendar days, then goes on to
say that a motion for
extension to file any pleading
other than the answer is
prohibited, nut the court may
allow any other pleading
filed after the time fixed by
the rules. It is now uncertain
whether the ruling in Crisologo
would still apply or is the
admission of belatedly filed
Answer not allowed as the
rules state that it is any
pleading other than the

42


answer that may be allowed

to be filed beyond the period
fixed by the rules.

In Indiana Aerospace University

vs. Commission on Higher
Education (G.R. No. 139371, 4
April 2001), the belatedly filed
answer was admitted since
there was no motion to
declare defendant in default
yet, and the court cannot
declare defendant in default
motu proprio. It appears that
even with the amended
Section 3, Rule 9, there is still
need for motion to declare
defendant in default and the
court cannot make such
declaration in default motu
proprio. Given the foregoing
and since there is no
prohibition under the rules on
admitting an answer
belatedly filed where no
motion to dismiss has yet
been filed, it is submitted that
the filing of Answer belatedly
may also be included and
covered by the amended
Section 11, Rule 11.

43

Rule 12, Sec. 1 When Applied for; purpose. —Before
responding to a pleading, a party
may move for a definite statement
or for a bill of particulars of any
matter which is not averred with
sufficient definiteness or
particularity to enable him
properly to prepare his
responsive pleading. If the
pleading is a reply, the motion
must be filed within ten (10) days
from service thereof. Such motion
shall point out the defects
complained of, the paragraphs
wherein they are contained, and
the details desired.
Rule 12, Sec. 3 Compliance with Order. If the
motion is granted, either in whole
or in part, the compliance
therewith must be effected within
ten (10) days from notice of the
order, unless a different period is
fixed by the court. The
bill of particulars or a more
definite statement ordered by
the court may be filed either in a
separate or in an amended
pleading, serving a copy thereof
on the adverse party.
When Applied for; purpose. — There are grammatical
Before responding to a pleading, changes, were commas were
a party may move for a definite added, and amendment to
statement or for a address gender sensitivity.
bill of particulars of any matter, The period of 10 days was
which is not averred with changed to 10 calendar days.
sufficient definiteness or
particularity, to enable him or
her properly to prepare his or
her responsive pleading. If the
pleading is a reply, the motion
must be filed within ten (10)
calendar days from service
thereof. Such motion shall point
out the defects complained of,
the paragraphs wherein they are
contained, and the details
desired.
Compliance with Order. If the The period was changed from
motion is granted, either in 10 days to 10 calendar days.
whole or in part, the compliance
therewith must be effected
within ten (10) calendar days
from notice of the order, unless a
different period is fixed by
the court. The bill of particulars
or a more definite statement
ordered by the court may be filed
either in a separate or in an
amended pleading, serving a
44


copy thereof on the adverse

party.

Rule 12, Sec. 5 Stay of Period to File Responsive
Pleading. After service of the
bill of particulars or of a more
definite pleading, or after
notice of denial of his motion, the
moving party may file his
responsive pleading within the
period to which he was entitled at
the time of filing his motion,
which shall not be less than five
(5) days in any event
Stay of period to file responsive The amendment addresses
pleading. After service of the gender sensitivity and
bill of particulars or of a more changes the period of 5 days
definite pleading, or after to 5 calendar days.
notice of denial of his or her
motion, the moving party may
file his or her responsive
pleading within the period to
which he or she was entitled at
the time of filing his or her
motion, which shall not be less
than five (5) calendar days in any
event

Rule 13, Sec. 1 Coverage. This Rule shall govern
the filing of all pleadings and
other papers, as well as the service
thereof, except those for which a
different mode of service is
prescribed.
Coverage. This Rule shall govern
the filing of all pleadings,
motions and other court
submissions, as well as the
service thereof, except those for
which a different mode of service
is prescribed.
The old rule used the term
“pleadings and other papers”,
which could have
contemplated the term used
under the amendment. In any
case, the amendment specifies
that the rule also covers
motions and other court
submissions, in addition to

45


pleadings. The revision may

also contemplate filings of
submissions that are not
paper-based, such as those
made by e-mail.

Rule 13, Sec. 2 Filing and Service, Defined. — Filing and Service, Defined. — The definition of filing is
Filing is the act of presenting the Filing is the act of submitting the amended from presenting the
pleading or other paper to the pleading or other paper to the pleading to submitting the
clerk of court. court. pleading. The amendment
also changed the entity with
whom the filing is done.
Previously it is done by
presenting the pleading to the
clerk of court. With the
amendment, it is done when
the pleading is submitted to
court.

Service is the act of providing a
party with a copy of the pleading
or paper concerned. If any party
has appeared by counsel, service
upon him shall be made upon his
counsel or one of them, unless
service upon the party himself is
ordered by the court.
Service is the act of providing a
party with a copy of the pleading
or or any other court
submission. If a party has
appeared by counsel, service
upon such party shall be made
upon his or her counsel or
one of them, unless service upon
the party and the party’s counsel
is ordered by the court.
The amendment includes
those that address gender
sensitivity. The service of
paper was amended to any
other court submission.
Any party was also amended
to a party.
Under the old rule, service is
made through counsel, if a

46


party has appeared by

counsel, unless service upon
the party himself is ordered
by the court. With the
amendment, if a party
appears by counsel service
shall be made upon counsel,
unless the court orders service
upon both the counsel and the
party.

Where one counsel appears for
several parties, he shall only be
entitled to one copy of any paper
served upon him by the opposite
side.
Where one counsel appears for
several parties, such counsel
shall only be entitled to one
copy of any paper served upon
him by the opposite side.
This provision is the same
except that “he”, referring to
the counsel, was changed to
“such counsel”.

Where several counsels appear The last paragraph is a mew

for one party, such party shall insertion. It provides for
be entitled to only one copy of instances when a party is
any pleading or paper to be represented by several
served upon the lead counsel if counsels. Service upon one of
one is designated or upon any them, the designated lead
one of them is there no counsel or any one of the is
designation of a lead counsel. there is no designation, is
sufficient.
Rule 13, Sec. 3 Manner of Filing. The Manner of Filing. The filing of The old rule specified what
filing of pleadings, appearances, pleadings and other court may be filed, i.e., pleadings,
motions, notices, orders, submissions shall be made by: appearances, notices, orders,
judgments and all other papers judgments and all other
shall be made by presenting the papers. The amendment
original copies thereof, plainly lumped them all under a

47


indicated as such, personally to (a) Submitting personally the
the clerk of court or by sending original thereof, plainly
them by registered mail. indicated as such, to the court;
(b) Sending them by registered
mail;
(c) Sending them by accredited
courier; or
(d) Transmitting them by
electronic mail or other
electronic means as may be
authorized by the Court in
places where the court is
electronically equipped.
single term of other court
submissions.
Under the old rule, there were
2 ways of filing: (1) personal;
and (2) registered mail. The
amended rule has 4 ways of
filing: (1) personal; (2)
registered; (3) accredited
courier; and (4) e-mail or other
electronic means.
Also, under the old rule,
persona; filing is done by
presenting the original copy
to the clerk of court. The
amendment states that it is
made with the court and not
the clerk of court.

In the first case, the
clerk of court shall endorse on the
pleading the date and
hour of filing. In the second case,
the date of the mailing of motions,
pleadings, or any other papers or
payments or deposits, as shown
by the post office stamp on the
envelope or the registry receipt,
shall be considered as the
date of their filing, payment, or
deposit in court. The envelope
In the first case, the clerk of court
shall endorse on the pleading the
date and hour of filing. In the
second and third cases, the date
of the mailing of motions,
pleadings, and other court
submissions, and payments or
deposits, as shown by the post
office stamp on the envelope or
the registry receipt, shall be
considered as the date of their
filing, payment, or deposit in
court. The envelope shall be
The old and amended
provisions are the same as to
what happens when there is
personal filing: the clerk of
court shall endorse on the
pleading the date and hour of
filing.
With the amendment, the
manner of filing for the
registered and courier service
is the same: the date of
mailing as shown by the post
office stamp on the envelope

48

shall be attached to the attached to the record of the
record of the case
case. In the fourth case, the date
of electronic transmission shall
be considered as the date of
filing.
49
or the registry receipt shall be
considered the date of filing in
court. Note that the old and
new rules provide for
payment or deposit in court
through registered mail
which is deemed done by the
post office stamp on the
envelope or the registry
receipt. The date of payment
is the date of mailing. This
now applies to courier service.
However, with registered
mail, there is postal money
order to make the payment,
such as of filing fees. It is not
clear under the rules how
payment of filing fees and
other docket fees may be
made if filing is by courier, e-
mail or other electronic
means.
Under the last manner of
filing, i.e., by electronic
means, the date of filing is the
date of electronic
transmission. This is also a
new insertion.


Rule 13, Sec. 5 Modes of service. Modes of Service.
Service of pleadings, motions, Service of Pleadings, motions,
notices, orders, judgments and notices, orders, judgments,
other papers shall be made either and other court submissions
personally or by mail shall be served either personally
or by registered mail, accredited
courier, electronic mail,
facsimile transmission, other
electronic means as may be
authorized by the Court, or as
provided for in international
conventions to which the
Philippines is a party.
With the amendment, the
service of pleadings and other
motions, notices, orders,
judgments, and other court
submissions may be made
personally, by registered mail,
accredited courier, electronic
mal, facsimile transmission
and other electronic means as
authorized by court or as
provided for in the
international conventions to
which the Philippines is a
party.

For instance, the Philippines is

a party to the Convention On
The Service Abroad Of
Judicial And Extrajudicial
Documents In Civil Or
Commercial Matters.

Rule 13, Sec. 6 Personal Service. Service of the Personal service. Court
papers may be made by submissions may be served by
delivering personally a copy to personal delivery of a copy to
the party or his counsel, or by the party or to the
leaving it in his office with his party’s counsel, or to their
clerk or with a person having authorized representative
charge thereof. If no person is named in the appropriate
found in his office, or his office is pleading or motion, or by
not known, or he has no office, leaving it in his or her office with
then by leaving the copy, between his or her clerk, or with a person
The amendment qualifies that
the personal service under
this section applies to court
submissions. There are some
amendments to address
gender sensitivity.
Personal service, as with the
old rule, is made by
personally delivery to a party

50

the hours of eight in the morning
and six in the evening, at the
party's or counsel's residence, if
known, with a person of sufficient
age and discretion then residing
therein.
having charge thereof.
If no person is found in his or
her office, or his or her office is
not known, or he or
she has no office, then by leaving
the copy, between the hours of
eight in the morning and six in
the evening, at the party's or
counsel's residence, if known,
with a person of sufficient age
and discretion residing therein
51
or counsel of that party. The
amendment adds that
personal may be done to the
authorized representative of
the party or the party’s
counsel, but the authorized
representative must be named
in the appropriate pleading or
motion. This is a new
insertion, that does not appear
under the old rule.
Personal service under the
amended rule, as with the old
rule, may also be made my
leaving it at the office, with
the clerk or person having
charge thereof, or if no person
is found in the office, or if the
office is unknown, or there be
no office, then personal
service may be made between
8:00 am to 6:00 pm by leaving
a copy at the party's or
counsel’s residence, if known,
with a person of sufficient age
and discretion residing
therein

Rule 13, Sec. 7 Service by Mail. Service by
registered mail shall be made by
depositing the copy in the office,
in a sealed envelope, plainly
addressed to the party or his
counsel at his office, if known,
otherwise at his residence, if
known, with postage fully
prepaid, and with instructions to
the postmaster to return the mail
to the sender after ten (10) days if
undelivered. If no registry service
is available in the locality of either
the sender or the addressee,
service may be done by ordinary
mail.
Rule 13, Sec. 8. Substituted Service. If
service of pleadings, motions,
notices, resolutions, orders and
other papers cannot be made
under the two preceding sections,
the office and
place of residence of the party or
his counsel being unknown,
service may be made by
delivering the copy to the
clerk of court, with
proof of failure of both personal
service and service by mail. The
Service by Mail. Service by The provision in the old and
registered mail shall be made by amended rules are essentially
depositing the copy in the post the same except for gender
office, in a sealed envelope, sensitivity changes and the 10
plainly addressed to the party day period was changed to 10
or to the party's counsel at his or calendar days.
her office, if known, otherwise at
his or her residence, if known,
with postage fully pre-paid, and
with instructions to the
postmaster to return the mail to
the sender after ten
(10) calendar days if
undelivered. If no registry
service is available in the locality
of either the sender or the
addressee, service may be done
by ordinary mail
Substituted Service. If service of The old and amended
pleadings, motions, notices, provisions are the same,
resolutions, orders and other except for the amendment
papers cannot be made under the addressing gender sensitivity.
two preceding sections, the office
and place of residence of the
party or his or her counsel being
unknown, service may be made
by delivering the copy to the
clerk of court, with proof of
failure of both personal service
and service by mail. The service
52

service is complete at
time of such delivery.
Rule 13, Sec. 9 Service of Judgments, Final Orders or
Resolutions. Judgments, final
orders or resolutions shall be
served either personally or by
registered mail. When a party
summoned by publication has
failed to appear in the action,
judgments, final orders or
resolutions against him shall be
served upon him also by
publication at the expense of the
prevailing party
the is complete at the time of such
delivery.
Service by Electronic Means and
Facsimile. Service by electronic
means and facsimile shall be
made if the party concerned
consents to such modes of
service.
Service by electronic means
shall be made by sending an e-
mail to the party's or counsel's
electronic mail address, or
through other electronic means
of transmission as the parties
may agree on, or upon direction
of the court.
Service by facsimile shall be Service by facsimile shall be
made by sending a facsimile made by sending a facsimile
53
Under the old rule, Section 9
dealt with the manner of
serving judgments, final
orders or resolutions.
The new Section 9 pertains to
the manner of service by
electronic means and
facsimile, which may only be
done if the party concerned
consents to such mode of
service.
It is made by sending an e-
mail to the party's or counsel's
electronic mail address, or
through other electronic
means of transmission as the
parties may agree on, or upon
direction of the court. Thus, it
appears that one cannot
unilaterally avail of this
service without the consent of
the other party to be served or
the direction of the court.


copy to the party's or counsel's copy to the party's or

given facsimile number counsel's given
|||
facsimile number

Rule 13, Sec. 10 Completeness of Service. Personal
service is complete upon actual
delivery. Service by ordinary mail
is complete upon the
expiration of ten (10) days after
mailing, unless
the court otherwise provides.
Service by registered mail is
complete upon actual receipt by
the addressee, or after five (5)
days from the date he received the
first notice of the postmaster,
whichever date is earlier
Presumptive Service. There shall
be presumptive notice to a party
of a court setting if such notice
appears on the records to have
been mailed at least twenty (20)
calendar days prior to the
scheduled date of hearing and if
the addressee is from within the
same judicial region of the court
where the case is pending, or at
least thirty (30) calendar days if
the addressee is from outside
the judicial region
The old Section 10 pertained
to when service is deemed
completed. Under the
amended Section10, which
includes a new insertion,
there is a presumption that a
party was given notice of a
court setting if such notice
appears on the records to have
been mailed at least 20
calendar days prior to the
scheduled date of hearing and
if the addressee is from within
the same judicial region of the
court where the case is
pending, or at least 30
calendar days if the addressee
is from outside the judicial
region.

It appears that with this

revision, the proceedings may
proceed with the presumption

54

Rule 13, Sec. 11 Priorities in Modes of Service and
Filing. Whenever practicable, the
service and filing of pleadings
and other papers shall be done
personally. Except with respect to
papers emanating from the court,
a resort to other modes must be
accompanied by a written
explanation why the service or
filing was not done personally. A
violation of this Rule may be
cause to consider the paper as not
filed.
that the other party received
notice. Since the notice is only
presumed, it appears that this
may be subject to proof to the
contrary, such as when the
party makes known to court
that the notice was not
received prior to the date of
the scheduled hearing,
preventing said party from
attending said setting.
Change of Electronic Mail The old section 11 dealt with
Address or Facsimile Number. A personal service as rule, being
party who changes his or her the preferred mode of service.
electronic mail address or Section 11 under the
facsimile number while the amendment, is a new
action is pending mustinsertion. This section should
promptly file, within five (5) be read with Section 9 which
calendar days from such pertains to service my
change, a notice of change of e-electronic means, when
mail address or
consented to by the parties or
facsimile number with the court when directed by the court.
and serve the notice on all other
parties. Under the amendment, any
change in email address or
Service through the electronic facsimile number must be
mail address or make known to the court and
facsimile number of a party to the parties within 5 days
shall be presumed valid unless from such change.
such party notifies the court of
any change, as aforementioned Service by email or facsimile
shall be presumed valid,
55

Rule 13, Sec. 12 Proof of filing. The filing of a
pleading or paper shall be proved
by its existence in the record of the
case. If it is not in the record, but
is claimed to have been filed
personally, the filing shall be
proved by the written or stamped
acknowledgment of its filing by
the clerk of court on a copy of the
same; if filed by registered mail,
by the registry receipt and by the
affidavit of the person who did
the mailing, containing a full
statement of the date and
place of depositing the mail in the
post office in a sealed envelope
addressed to the court, with
postage fully prepaid, and with
instructions to the postmaster to
return the mail to the sender after
ten (10) days if not delivered.
Electronic Mail and Facsimile
Subject and Title of Pleadings
and Other Documents. The
subject of the electronic mail
and facsimile 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 or other
document, and each submission
served by facsimile shall
contain sufficient information
to enable the court 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
56
unless the other party gives
notice of said change. Thus,
any actual change will not
bind the court and the email
address or facsimile number
on record stays, unless the
party concerned gives notice
of said change.
The original Section 12 talks
about what is the proof of
filing.
Section 12, under the
amendment, is a new
insertion. It deals with the
format for filing by email or
facsimile.
The purpose of the format is
for the same to contain
sufficient information to
enable to court to ascertain the
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.

Rule 13, Sec. 13 The amended Section 13 may be
compared with its counterpart
provision under the old rules,
which was under Section 9:
Service of Judgments, Final Orders or
Resolutions. Judgments, final
orders or resolutions shall be
served either personally or by
registered mail. When a party
summoned by publication has
failed to appear in the action,
judgments, final orders or
resolutions against him shall be
served upon him also by
publication at the expense of the
prevailing party
The old Section 13 provides for
proof of service:
Proof of Service. Proof of personal
service shall consist of a written
Hence, the subject of the email
or facsimile must contain: the
case number, case title and the
pleading, order or document
title.
The old Section 13 pertained
to proof of service. The
amended Section 13 may be
compared with the old Section
9, as both deal with service of
Service of Judgments, Final Orders judgments, final orders or
or Resolutions. Judgments, final resolutions.
orders, or resolutions shall be
served either personally or by The first portion of the
registered mail. Upon ex amended Section 13 is similar
parte motion of any party in the to the old, where service is
case, a copy of the judgment, done personally or by
final order, or resolution may be registered mail.
delivered by accredited courier
at the expense of such There is a new addition the
party. When a party summoned service may be done by
by publication has failed to accredited courier upon ex
appear in the action, judgments, parte motion of any party, and
final orders or resolutions said movant party shall bear
against him or her shall be the expense for the same.
served upon him or her also by There is no need to notify the
means of publication at the other party to be served that
expense of the prevailing party. the service on that party shall
be by courier, since such mode
may be availed of upon ex-
parte motion, or without
notice to the other party.
57

admission of the party served, or
the official return of the server, or
the affidavit of the party serving,
containing a full statement of the
date, place and manner of service.
If the service is by ordinary mail,
proof thereof shall consist of an
affidavit of the person
mailing of facts showing
compliance with Section 7 of this
Rule. If service is made by
registered mail, proof shall be
made by such affidavit and the
registry receipt issued by the
mailing office. The registry return
card shall be filed immediately
upon its receipt by the sender, or
in lieu thereof the unclaimed
letter together with the certified or
sworn copy of the notice given by
the postmaster to the addressee
58
The remaining provision of
service when the party was
summoned by publication is
the same, except for
amendments that address
gender sensitivity.
This provision should be read
with Rule 13, Sections 3 and
14.
While the rules provide for
additional modes of filing and
service, ie., courier and
electronic transmission, still,
the following should not be
served or filed electronically,
and should instead be filed
or served personally, or by
registered mail, when
allowed:
(a) Initiatory pleadings and
initial responsive pleadings,
such as an answer;
(b) Subpoenae, protection
orders, and writs;
(c) Appendices and exhibits to
motions, or other documents
that are not readily amenable
to electronic scanning may, at
the option of the party filing

Rule 13, Sec. 14 Notice of Lis Pendens. In an action
affecting the title or the
right of possession of real
property, the plaintiff and the
defendant, when affirmative
relief is claimed in his answer,
may record in the office of the
registry of deeds of the province
in which the property is situated a
notice of the pendency of the
action. Said notice shall contain
the names of the parties and the
object of the action or defense, and
such, be filed and served
conventionally; and
(d) Sealed and confidential
documents or records.
By exception, the foregoing
may be filed or served
electronically with the express
permission granted by the
court.
This provision seems to
address the uncertainty in
Rule 13, Section 3, where no
postal money order that
seems to be available for
payment of docket and other
fees in relation to filing
initiatory pleadings by e-mail.
Conventional Service or Filing of The original Section 14 dealth
Orders, Pleadings and Other with notice of lis pendens.
Documents. Notwithstanding
the foregoing, the following Section 14, under the
orders, pleadings, and other amendment is a new
documents must be served or insertion. It should be read
filed personally or by registered together with Rule 13,
mail when allowed, and shall Sections 3 and 13. Thus, while
not be served or filed there may be service and
electronically, unless express filing by electronic or courier
permission is granted by the service, still, for the following
Court: instances, there should be
59

a description of the property in
that province affected thereby.
Only from the time of filing such
notice for record shall a
purchaser, or
encumbrancer of the property
affected thereby, be deemed to
have constructive notice of the
pendency of the action, and
only of its pendency against the
parties designated by their real
names.
The notice of lis documents or records.
pendens hereinabove mentioned
may be cancelled only upon
order of the court, after proper
showing that the notice is for the
purpose of molesting the adverse
party, or that it is not necessary to
protect the rights of the party who
caused it to be recorded.
(a) Initiatory pleadings and
initial responsive pleadings,
such as an answer;
(b) Subpoenae, protection
orders, and writs;
(c) Appendices and exhibits to
motions, or other documents
that are not readily amenable to
electronic scanning may, at the
option of the party filing such,
be filed and served
conventionally; and
(d) Sealed and confidential
60
personal filing or service (or
registered when allowed):
(a) Initiatory pleadings and
initial responsive pleadings,
such as an answer;
(b) Subpoenae, protection
orders, and writs;
(c) Appendices and exhibits to
motions, or other documents
that are not readily amenable
to electronic scanning may, at
the option of the party filing
such, be filed and served
conventionally; and
(d) Sealed and confidential
documents or records.
By exception, the foregoing
may be filed or served
electronically with the express
permission granted by the
court.

Rule 13, Sec. 15 There is no section 15 under the
old rule. However, the new
Section 15 may be compared with
the original Section 10, which
deals with the same subject of
completeness of service as the
new insertion.
Completeness of Service. Personal
service is complete upon actual
delivery. Service by ordinary mail
is complete upon the
expiration of ten (10) days after
mailing, unless
the court otherwise provides.
Service by registered mail is
complete upon actual receipt by
the addressee, or after five (5)
days from the date he received the
first notice of the postmaster,
whichever date is earlier.
Completeness of Service. Personal
service is complete upon actual
delivery. Service by ordinary
mail is complete upon the
expiration of ten
(10) calendar days after mailing,
unless the court otherwise
provides. Service by registered
mail is complete upon actual
receipt by the addressee, or after
five (5) calendar days from the
date he or she received the first
notice of the postmaster,
whichever date is earlier. Service
by accredited courier is
complete upon actual receipt by
the addressee, or after at least
two (2) attempts to deliver by
the courier service, or upon the
expiration of five (5) calendar
days after the first attempt to
deliver, whichever is earlier.
61
Section 15, under the
amendment, is a new
insertion. This new insertion
may be compared with the old
Section 10, which deals with
the same subject matter of
completeness of service.
For the first part, with respect
to how personal service under
the provision, as amended, is
essentially the same as the old
rule, except that the 10-day
period was changed to 10
calendar days.
The completeness of of service
by registered mail under the
amendment is also the same
as the old rule, except that the
5-day period was changed to 5
calendar days.
The amendment includes new
provisions on when service by
accredited courier is done, it is
deemed completed upon
actual receipt by the
addressee, similar to
completeness of service by
registered mail. However, the
rule also takes into account

Electronic service is complete at
the time of the electronic
transmission of the document,
or when available, at the time
that the electronic notification
of service of the document 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.
Service by facsimile
transmission is complete upon
receipt by the other party, as
indicated in the facsimile
transmission printout.
62
instances when courier
service might fail or there is
no showing of actual receipt.
Hence, service by courier is
also complete after at least 2
attempts by courier service or
upon expiration of 5 days
after first attempt to deliver,
which ever is earlier.
For electronic service, it is
complete at the time of
electronic transmission of the
document, or if available, at
the time the electronic
notification of service of
document is sent.
The provision adds that if the
party making the service
learns that the document did
not reach the addressee by
electronic service, then such
service is not effective or
complete.
Service by facsimile is also
complete upon receipt by the
party which should be
indicated in the facsimile
transmission printout.

Rule 13, Sec. 16 There is no section 16 under the
old rule. However, the new
Section 16 may be compared with
the original Section 12, which
deals with the same subject of
proof of filing as the new
insertion.
The old section 12 provides for
proof of filing:
Proof of filing. The filing of a
pleading or paper shall be proved
by its existence in the record of the
case. If it is not in the record, but
is claimed to have been filed
personally, the filing shall be
proved by the written or stamped
acknowledgment of its filing by
the clerk of court on a copy of the
same; if filed by registered mail,
by the registry receipt and by the
affidavit of the person who did
the mailing, containing a full
statement of the date and
place of depositing the mail in the
post office in a sealed envelope
addressed to the court, with
postage fully prepaid, and with
instructions to the postmaster to
return the mail to the sender after
ten (10) days if not delivered.
Proof of Filing. The filing of a
pleading or any other court
submission shall be proved by
its existence in the record of the
case.
(a) If the pleading or any other
court submission is not in the
record, but is claimed to have
been filed personally, the filing
shall be proven by the written or
stamped acknowledgment of its
filing by the clerk of court on a
copy of the pleading or court
submission;
(b) If the pleading or any other
court submission was filed by
registered mail, the filing shall
be proven by the registry receipt
and by the affidavit of the
person who mailed it,
63
Section 16, under the
amendment, is a new
insertion. This new insertion
may be compared with the old
Section 12, which deals with
the same subject matter of
proof of filing.
The term “paper” under the
old rule was changed to “any
other court submission”.
Proof of personal filing is still
the same under the
amendment as with the old
rule.
Proof of registered filing
under the amendment is still
the same as the old rule,
except for some revisions that
changed some of the wording

containing a full statement of the of the rule and the 10 day
date and place of deposit of the period was changed to 10
mail in the post office in a sealed calendar days.
envelope addressed to the court,
with postage fully prepaid, and
with instructions to the
postmaster to return the mail to
the sender after ten
(10) calendar days if not
delivered.
(c) If the pleading or any other
court submission was filed
through an accredited courier
service, the filing shall be
proven by an affidavit of service
of the person who brought the
pleading or other document to
the service provider, together
with the courier's official
receipt and document
tracking number.
(d) If the pleading or any other
court submission was filed by
electronic mail, the same shall
be proven by an affidavit of
electronic filing of the filing
party accompanied by a paper
copy of the pleading or other
64
Paragraph (c) is a new
insertion. Filing by accredited
courier shall be proven by an
affidavit of service of the
person who brought the
pleading or document to the
service provider, together
with the courier’s official
receipt and tracking number.
The official receipt and
tracking number is akin to the
registry receipt for registered
filing.
Paragraph (d) is a new
insertion. The filing by e-mail
shall be proved by the
affidavit of electronic filing,
accompanied by a paper copy
of the pleading or other
document transmitted, or a

document transmitted or a
written or stamped
acknowledgment of its filing by
the clerk of court. If the paper
copy sent by electronic mail was
filed by registered mail,
paragraph (b) of this Section
applies.
(e) If the pleading or any other
court submission was filed
through other authorized
electronic means, the same shall
be proven by an affidavit of
electronic filing of the filing
party accompanied by a copy of
the electronic acknowledgment
of its filing by the court.
65
written or a written or
stamped acknowledgment of
its filing by the clerk of court.
It appears that the attachment
to the affidavit is thus either
the copy of the pleading
transmitted or a written
acknowledgment of filing
obtained from the clerk of
court. However, this
provision also provides that if
the email filing was also filed
by registered mail, then the
proof of filing shall be in
accordance with proof of
filing by registered mail. It
appears that the last provision
contemplates 2 modes availed
of – both email and registered
mail filing.
Paragraph (e) is a new
insertion. Unlike filing by
email, the proof of filing by
other electronic means
authorized by the court is by
affidavit and with attached
copy of the electronic
acknowledgment of its filing
by the court. For e-mail, proof
of filing is by affidavit with
attached copy of the

Rule 13, Sec. 17 There is no section 17 under the
old rule. However, the new
Section 17 may be compared with
the original Section 13, which
deals with the same subject of
proof of service
The old Section 13 provides for
proof of service:
Proof of Service. Proof of personal
service shall consist of a written
admission of the party served, or
the official return of the server, or
the affidavit of the party serving,
containing a full statement of the
date, place and manner of service.
If the service is by ordinary mail,
proof thereof shall consist of an
affidavit of the person
mailing of facts showing
compliance with Section 7 of this
Rule. If service is made by
registered mail, proof shall be
Proof of Service. Proof of personal
service shall consist of a written
admission of the party served, or
the official return of the server,
or the affidavit of the party
serving, containing a statement
of the date, place, and manner of
service. If the service is made
by:
(a) Ordinary mail. — Proof
thereof shall consist of an
affidavit of the person mailing
stating the facts showing
66
document filed or written
acknowledgment by the clerk
of court, unless there was also
registered filing, in which
case, proof thereof is in
accordance with filing by
registered mail.
Section 17 under the amended
rule is a new insertion. This
new insertion may be
compared with the old Section
13, which deals with the same
subject matter of proof of
service.
The amended first provision
on the proof of personal
service is the same as the old
rule.
Proof of service by ordinary
mail is the same under the old
and the amended rule. Note
that ordinary mail may only
be availed of as a mode of

made by such affidavit and the
registry receipt issued by the
mailing office. The registry return
card shall be filed immediately
upon its receipt by the sender, or
in lieu thereof the unclaimed
letter together with the certified or
sworn copy of the notice given by
the postmaster to the addressee
compliance with Section 7 of this service if no registry service is
Rule. available in the locality of
either the sender or the
(b) Registered mail. — Proof addressee, pursuant to Rule
shall be made by the 13, Section 7
affidavit mentioned above and
the registry receipt issued by the The proof of service by
mailing office. The registry registered mail is the same
return card shall be filed under the old and the
immediately upon its receipt by amended rule. The amended
the sender, or in lieu thereof, the rule just specifies that the
unclaimed letter together with affidavit is of the person
the certified or sworn copy of the mailing stating the facts
notice given by the postmaster to showing compliance with
the addressee. Section 7, Rule 13.
(c) Accredited courier service. — Paragraph (c) is a new
Proof shall be made by an insertion. It provides that
affidavit of service executed by courier service shall be proven
the person who brought the by an affidavit of service of
pleading or paper to the service the person who brought the
provider, together with the pleading or paper to the
courier's official receipt or courier service provider,
document tracking number. together with the courier's
official receipt or document
tracking number. Like proof
of filing, the official receipt
and tracking number is akin
to the registry receipt for
registered filing.
(d) Electronic mail, facsimile, or Paragraph (d) is also a new
Other Authorized electronic insertion and it provides that
67

means of transmission. — Proof
shall be made by an affidavit of
service executed by the person
who sent the e-mail, facsimile,
or other electronic transmission,
together with a printed proof of
transmittal.
68
service by e-mail, facsimile or
other authorized electronic
means of transmission is
proven by an affidavit of
service by the person who
sent the e-mail, facsimile, or
other electronic transmission,
together with a printed proof
of such transmittal.
Note that there is no
categorical statement of mode
of filing by facsimile under
Section 3.
However, since the terms
email and facsimile are
followed by “other authorized
electronic” means, then it may
be argued that a facsimile
transmission may be an
electronic means of
transmission, which under the
modes of filing may be
authorized by the Court in
places where the court is
electronically equipped.
This should not be confused
with the ruling in MCC
Industial Sales Corp. v.
Ssangyong Corp., G.R. No.


170633, October 17, 2007/ The

issue therein is whether the
facsimile transmission is an
electronic data message in
relation to the Best Evidence
Rule. It was found that
a facsimile
transmission cannot be
considered as electronic
evidence. It is not the
functional equivalent of an
original under the Best
Evidence Rule and is not
admissible as electronic
evidence. This is because in an
ordinary facsimile
transmission, there exists an
original paper-
based information or data that
is scanned, sent through a
phone line, and re-printed at
the receiving end.

The provisions under Rule 13

deal only with how filing or
service is made electronically
or by facsimile, without
regard to the Best Evidence
Rule, on the production of the
original of the document to be
admissible evidence.

69

Rule 13, Sec. 18 There is no Section 18 under the Court-issued Orders and Other
old rule. Documents. The court may
electronically serve orders and
other documents to all the
parties in the case which shall
have the same effect and
validity as provided herein. A
paper copy of the order or other
document electronically served
shall be retained and attached to
the record of the case.
70
This provision is a new
insertion. This should be read
in relation to Section 13, Rule
13, which provides that
service of judgments, final
orders or resolutions shall be
done personally or registered
mail. It may also be done by
accredited courier at the
instance of a party upon ex-
parte motion, with the costs to
be shouldered by said party.
Thus, it is mandatory for the
court to serve the judgments,
final orders or resolutions by
personal service or registered
mail, since Section 13 makes
us of the word “shall”.
In addition to the foregoing,
the court also may
electronically serve
documents. Thus it appears
that judgments, final orders or
resolutions shall be served
personally or by registered
mail, and may also, in
addition to the foregoing, be
served electronically.
The court records should
contain a paper copy of the

Rule 13, Sec. 19 There is no section 19 under the
old rule. However, the new
Section 19 may be compared with
the original Section 14, which
deals with the same subject of
notice of lis pendens
The old Section 14 provides for
notice of lis pendens:
Notice of Lis Pendens. In an action
affecting the title or the
right of possession of real
property, the plaintiff and the
defendant, when affirmative
relief is claimed in his answer,
may record in the office of the
registry of deeds of the province
in which the property is situated a
notice of the pendency of the
action. Said notice shall contain
the names of the parties and the
object of the action or defense, and
Notice of Lis Pendens. In an action
affecting the title or the right of
possession of real property, the
plaintiff and the defendant,
when affirmative relief is
claimed in his or her answer,
may record in the office of the
registry of deeds of the province
in which the property is situated
a notice of the pendency of the
action. Said notice shall contain
the names of the parties and the
object of the action or defense,
71
order of other document
electronically served.
Thus, it appears that court
records shall be paper-based.
And the purpose of the
electronic service is to ensure
prompt receipt.
Section 19 under the amended
rule is a new insertion. This
new insertion may be
compared with the old Section
14, which deals with the same
subject matter of notice of lis
pendens
The provisions under the old
and amended rules are the
same except for the
amendment to address
gender sensitivity.

a description of the property in
that province affected thereby.
Only from the time of filing such
notice for record shall a
purchaser, or
encumbrancer of the property
affected thereby, be deemed to
have constructive notice of the
pendency of the action, and
only of its pendency against the
parties designated by their real
names.
The notice of lis
pendens hereinabove mentioned
may be cancelled only upon
order of the court, after proper
showing that the notice is for the
purpose of molesting the adverse
party, or that it is not necessary to
protect the rights of the party who
caused it to be recorded.
Rule 14, Sec. 1 Clerk to Issue Summons. Upon the
filing of the complaint and the
payment of the requisite legal
fees, the clerk of court shall
forthwith issue the corresponding
summons to the defendants.
and a description of the property
in that province affected thereby.
Only from the time of filing such
notice for record shall a
purchaser, or encumbrancer of
the property affected thereby, be
deemed to have constructive
notice of the pendency of the
action, and only of its pendency
against the parties designated by
their real names.
The notice of lis
pendens hereinabove mentioned
may be cancelled only upon
order of the court, after proper
showing that the notice is for the
purpose of molesting the adverse
party, or that it is not necessary
to protect the rights of the party
who caused it to be recorded.
Clerk to Issue Summons. Unless Under the old rule, upon
the complaint is on its face filing of the complaint and
dismissible under Section 1, payment of the legal fees, the
Rule 9, the court shall, within clerk of court shall issue the
five (5) calendar days from summons, without any period
receipt of the initiatory within which the same shall
pleading and proof of payment be issued. The old rule also
of the requisite legal fees, direct makes no mention of the
the clerk of court shall forthwith period within which
summons shall issue.
72


to issue the corresponding Under the amended Section 1,

summons to the defendants. before issuance of summons,
it appears that the court may
dismiss the complaint
outright if on the face of the
complaint, it is shown that: (1)
the court has no jurisdiction
over the subject matter; (2)
there is another action
pending between the same
parties for the same cause; (3)
the action is barred by prior
judgment; or (4) the action is
barred by statute of
limitations.

This is similar to the

provisions on Small Claims
and Summary Procedure.
Under Small Claims, before
issuance of summons, the
court may dismiss the case
outright if from an
examination of the allegations
of the statement of claim/s
and such evidence attached
thereto, any of the grounds for
dismissal exist. Similarly,
under Summary procedure,
also before issuance of
summons, the court may,
from an examination of the

73


allegations in the complaint

and such evidence as may be
attached thereto, dismiss the
case outright on any of the
grounds apparent therefrom
for the dismissal of a civil
action.

However, under this

amended provision, the
grounds for dismissal are
limited to those mentioned in
Rule 9, Section 1. Whereas
under small claims and
summary procedure, any
ground for dismissal, without
limitation, may be used as
basis by the court.

Also, with the amendment,

payment of legal fees is not
enough as there must be proof
thereof which must be
submitted to court together
with the initiatory pleading
filed. The court shall then
direct the clerk of court to
issue summons within 5
calendar days from receipt of
the initiatory pleading and
proof of payment of the
requisite legal fees.

74

Rule 14, Sec. 2 Contents. The summons shall be
directed to the defendant, signed
by the clerk of court under seal,
and contain:
(a) the name of the court and the
names of the parties to the action;
(b) a direction that the defendant
answer within the time fixed by
these Rules; (c) a notice that unless
the defendant so answers,
plaintiff will take judgment by
default and may be granted the
relief applied for.
A copy of the complaint and order
for appointment of guardian ad
litem, if any, shall be attached to
the original and each copy of the
summons.
Contents. The summons shall be
directed to the defendant, signed
by the clerk of court under seal,
and contain:
(a) The name of the court and the
names of the parties to the action;
(b) When authorized by the
court upon ex parte motion, an
authorization for the plaintiff to
serve summons to the
defendant;
(c) A direction that the defendant
answer within the time fixed by
these Rules; and
(d) A notice that unless the
defendant so answers, plaintiff
will take judgment by default
and may be granted the relief
applied for.
A copy of the complaint and
order for appointment of
guardian ad litem, if any, shall be
attached to the original and each
copy of the summons.
75
Section 2 under the old rule is
essentially the same as the
amended rule, except that
Section 2, as amended,
includes an additional
provision, that the summons
shall contain an authorization
issued by the court upon
plaintiff for the plaintiff to
serve summons on defendant.
The plaintiff my move ex-
parte to be authorized to serve
summons on defendant. This
is a new insertion and allows
the plaintiff, if authorized by
the court, to effect service of
summons. However, this
should be read with Section 3
of Rule 14, which provides
that the plaintiff may serve
summons together with the
sheriff, only when the sheriff,
the sheriff’s deputy or proper
court officer fails to serve
summons, unless the
summons is to be served
outside the judicial region of
the court where the case is
pending. In such case, it
appears that there is no need
for the the sheriff, the sheriff’s
deputy or proper court officer

Rule 14, Sec. 3 By Whom Served. The summons By Whom Served. The summons
may be served by the sheriff, his may be served by the sheriff,
deputy, or other his or her deputy, or other
proper court officer, or for proper court officer, and in case
justifiable reasons by any suitable of failure of service of summons
person authorized by by them, the court may
the court issuing the summons authorize the plaintiff — to
serve the summons — together
with the sheriff.
In cases where summons is to be
served outside the judicial
region of the court where the
case is pending, the plaintiff
shall be authorized to cause the
service of summons.
If the plaintiff is a juridical
entity, it shall notify the court,
in writing, and name its
authorized representative
therein, attaching a board
resolution or secretary's
certificate thereto, as the case
may be, stating that such
representative is duly
authorized to serve the
76
to have first failed to serve
summons before the plaintiff
may be authorized by the
court.
This amended provision
should be read together with
Section 2, Rule 14. The
plaintiff may thus move ex-
parte to serve summons only
when the the sheriff, the
sheriff’s deputy or proper
court officer fails to serve
summons. The plaintiff will
serve summons together with
the sheriff.
However, it appears that if
service shall be done outside
the judicial region of the court
where the case is pending,
then there is no need of prior
failure to serve by the sheriff,
the sheriff’s deputy or proper
court before the plaintiff may
be authorized to serve
summons.
If the plaintiff is a juridical
entity, the plaintiff must make
known to the court its
authorized representative, as
evidenced by a board


summons on behalf of the resolution or secretary’s

plaintiff. certificate, showing such
authorization to serve
If the plaintiff misrepresents summons on behalf of the
that the defendant was served plaintiff.
summons, and it is later proved
that no summons was served, The case shall be dismissed
the case shall be dismissed with with prejudice if the plaintiff
prejudice, the proceedings shall misrepresents that defendant
be nullified, and the plaintiff was served summons and it is
shall be meted appropriate later proved that no summons
sanctions. was served. The proceedings,
in such case, shall also be
If summons is returned without nullified and the plaintiff shall
being served on any or all the be meted appropriate
defendants, the court shall sanctions.
order the plaintiff to cause the
service of summons by other In case of return of summons
means available under without the summons being
the Rules. served on any or all of the
defendants, the plaintiff shall
Failure to comply with the order be ordered by the court to
shall cause the dismissal of the cause such service by other
initiatory pleading without means available under the
prejudice. rules. The failure to comply
shall result in the dismissal of
the initiatory pleading
without prejudice.
Rule 14, Sec. 4 The amended Section 4 may be Validity of Summons With the amended Section 4, it
compared with the old Section 5, and Issuance of Alias appears that the alias
which deals with issuance of alias Summons. — Summons shall summons shall only issue if
summons: remain valid until duly served, the same is lost or destroyed.

77

Issuance of Alias Summons. If a
summons is returned without
being served on any or all of the
defendants, the server shall also
serve a copy of the return on the
plaintiff's counsel, stating the
reasons for the failure of service,
within five (5) days therefrom. In
such a case, or if the summons has
been lost, the clerk, on
demand of the plaintiff, may issue
an alias summons.
The old Section 4 provides:
Return. When the service has been
completed, the server shall,
within five (5) days therefrom,
serve a copy of the return,
personally or by registered mail,
to the plaintiff's counsel, and shall
return the summons to the clerk
who issued it, accompanied by
proof of service.
unless it is recalled by the court.
In case of loss or destruction of
summons, the court may, upon
motion, issue
an alias summons.
There is failure of service after
unsuccessful attempts to
personally serve the summons
on the defendant in his or her
address indicated in the
complaint. Substituted service
should be in the manner
provided under Section 6 of this
Rule.
|||
78
If it is not served, it remains
valid, until duly served,
unless recalled by the court,
similar to a warrant of arrest.
This is a new insertion and is
not found under the old rules.
In case of failure to serve
summons personally, the
rules provide that substituted
service shall be availed of in
the manner provided under
Section 6. Prior to this
amendment, the alias
summons may be issued if the
summons is returned without
being served on any or all of
the defendants or if the same
is lost.
With the amendment, it
appears that if the summons is
not served, rather than
seeking alias summons, the
summons should as a matter
of course be served by means
of substituted service
sanctioned by the rules,
without the need of seeking
alias summons since the
amendment provides that the


summons remains valid until

duly served.

Rule 14, Sec. 5 The amended Section 5 may be The amended Section 5 may
compared with the old Section 6 be compared with the old
which deals with the same matter Section 6 which deals with the
of service in person of defendant: same matter of service in
person of defendant. The
Service in Person on Defendant. Service in Person on Defendant. amended Section 5 adds that
Whenever practicable, the Whenever practicable, the in addition to handing a copy
summons shall be served by summons shall be served by of the summons to the
handing a copy thereof to the handing a copy thereof to the defendant in person, the
defendant in person, or, if he defendant in person and defendant must also be
refuses to receive and sign for it, informing the defendant that he informed that he is being
by tendering it to him. or she is being served, or, if he served. If the defendant
or she refuses to receive and refuses to receive and sign for
The old Section 5 provides: sign for it, by leaving the it, then personal service may
summons within the view and be done by leaving the
Issuance of Alias Summons. If a in the presence of the summons within the view and
summons is returned without defendant. in the presence of the
being served on any or all of the defendant. The amendment is
defendants, the server shall also still the same as the original
serve a copy of the return on the provision that states that it is
plaintiff's counsel, stating the done by tendering to the
reasons for the failure of service, defendant. The amendment
within five (5) days therefrom. In explains what tendering
such a case, or if the summons has means or how it is done.
been lost, the clerk, on
demand of the plaintiff, may issue
an alias summons.

79

Rule 14, Sec. 6 The amended Section 6 may be
compared with the old Section 7
which deals with the same matter
of substituted service:
Substituted Service. If, for
justifiable causes, the defendant
cannot be served within a
reasonable time as provided in the
preceding section, service may be
effected (a) by leaving
copies of the summons at the
defendant's residence with some
person of suitable age and
discretion then residing therein,
or (b) by leaving the copies at
defendant's office or regular
place of business with some
competent person in charge
thereof.
The old Section 6 provides:
Service in Person on Defendant. —
Whenever practicable, the
summons shall be served by
handing a copy thereof to the
defendant in person, or, if he
refuses to receive and sign for it,
by tendering it to him. (7a)
Substituted Service. If, for
justifiable causes, the defendant
cannot be served within a
reasonable time as provided in
the preceding section personally
after at least three (3) attempts
on two (2) different dates,
service may be effect:
(a) By leaving copies of the
summons at the defendant's
residence to a person at least
eighteen (18) years of age and of
sufficient dissection
residing therein;
(b) By leaving copies of the
summons at the defendant's
office or regular place of business
with some competent person in
charge thereof. A competent
person includes, but is not
limited to, one who customarily
receives correspondences for
the defendant;
(c) By leaving copies of the
summons, if refused entry upon
making his or her authority and
80
The amended Section 6 may
be compared with the old
Section 7 which deals with the
same matter of substituted
service:
The amended provision
already incorporated
jurisprudence that requires 3
attempts on 2 different dates
before substituted service
may be availed of. However,
the “within a reasonable time”
was deleted. Said provision
was construed by
jurisprudence as a period of
30 days. This does not mean
that the 30-day period to be
considered as reasonable
period is no longer required,
as long as there is service on 2
different dates with 3
attempts. It appears that
compliance with the 30-day
reasonable period still applies
because of Section 20, Rule 14
of the amended rules, which
makes mention of the same
period within which the
process service must complete
service of summons, and if not
served within 30 days, then
the return should mention the

purpose known, with any of the
officers of the homeowners'
association or condominium
corporation, or its chief security
officer in charge of the
community or the building
where the defendant may be
found; and
(d) By sending an electronic
mail to the defendant's
electronic mail address, if
allowed by the court.
81
impossibility to do so within
said period, among others.
Unlike the old rule where
substituted service may be
made to any person of
suitable age and discretion
(not necessarily age of
majority), the amended rule
requires service on those of
legal age with sufficient
discretion, residing therein.
The second manner of
substituted service is almost
the same as the old provision,
except that the amended
provision adds a definition of
a competent person, which
includes, but is not limited to
one who customarily received
correspondences for the
defendant.
Paragraphs (c) and (d) are
new insertions. Thus, there
are now 4 modes of
substituted service, compared
to the old 2 modes.
Paragraph (c) addresses the
situation where the process
server is refused entry in
villages or condominiums to


effect service. Thus,

substituted service may be
done by leaving copies of the
summons, if refused entry
upon making his or her
authority and purpose
known, with any of the
officers of the homeowners'
association or condominium
corporation, or its chief
security officer in charge of
the community or the
building where the defendant
may be found. Usually it is the
security officer who faces the
process server in such
instances and prevent the
personal service upon
defendant by refusing entry.

Paragraph (d) provides for

service of summons by email
but this may only be availed
of with the court’s approval.

82


Rule 14, Sec. 7 The amended Section 7 may be

compared with the old Section 8
which deals with the same matter
of service upon entity without
judicial personality:
Service Upon Entity Without
Juridical Personality. When
persons associated in an entity
without juridical personality are
sued under the name by which
they are generally or commonly
known, service may be effected
upon all the defendants by
serving upon any one of them, or
upon the person in charge of the
office or place of business
maintained in such name. But
such service shall not bind
individually any person whose
connection with the entity has,
upon due notice, been severed
before the action was brought.
Service upon Entity without The old and the new
Juridical Personality. When provisions are the same
persons associated in an entity except that the word brought
without juridical personality are was changed to filed.
sued under the name by which
they are generally or commonly
known, service may be effected
upon all the defendants by
serving upon any one of them, or
upon the person in charge of the
office or place of business
maintained in such name. But
such service shall not bind
individually any person whose
connection with the entity has,
upon due notice, been severed
before the action was filed.

The old Section 7 provides:

Substituted Service. If, for

justifiable causes, the defendant
cannot be served within a
reasonable time as provided in the
preceding section, service may be
effected (a) by leaving

83

copies of the summons at the
defendant's residence with some
person of suitable age and
discretion then residing therein,
or (b) by leaving the copies at
defendant's office or regular
place of business with some
competent person in charge
thereof.
Rule 14, Sec. 8 The amended Section 8 may be
compared with the old Section 9
which deals with the same matter
of service upon prisoners:
Service Upon Prisoners. When the
defendant is a prisoner confined
in a jail or institution, service shall
be effected upon him by the
officer having the
management of such jail or
institution who is deemed
deputized as a special sheriff for
said purpose.
The old Section 8 provides:
Service Upon Entity Without
Juridical Personality. When
persons associated in an entity
Service upon Prisoners. When the
defendant is a prisoner confined
in a jail or institution, service
shall be effected upon him or
her by the officer having the
management of such jail or
institution who is deemed
deputized as a special sheriff for
said purpose. The jail warden
shall file a return within five (5)
calendar days from service of
summons to the defendant.
84
The amended Section 8 may
be compared with the old
Section 9 which deals with the
same matter of service upon
prisoners:
The old and amended
provisions are almost the
same except that there is an
amendment to address
gender sensitivity and the
word deputized was deleted,
which does not change the
import of the provision, since
the officer having
management of the jail is still
deemed as a special sheriff for
the purpose of effective
service upon prisoners.
The amended provision adds
the obligation of the jail


without juridical personality are warden to file a return within

sued under the name by which 5 calendar days from service
they are generally or commonly of summons on defendant.
known, service may be effected
upon all the defendants by
serving upon any one of them, or
upon the person in charge of the
office or place of business
maintained in such name. But
such service shall not bind
individually any person whose
connection with the entity has,
upon due notice, been severed
before the action was brought.

Rule 14, Sec. 9 Service Upon Prisoners. When the
defendant is a prisoner confined
in a jail or institution, service shall
be effected upon him by the
officer having the
management of such jail or
institution who is deemed
deputized as a special sheriff for
said purpose.
Service Consistent with
International Conventions.
Service may be made through
methods which are consistent
with established international
conventions to which the
Philippines is a party.
This is a new insertion. It
provides that there may be
service consistent with
international conventions, in
the manner that is established
in said conventions to which
the Philippines is a party.

85

Rule 14, Sec. 10 Service Upon Minors and
Incompetents. When the defendant
is a minor, insane or otherwise an
incompetent, service shall be
made upon him personally and
on his legal guardian if he has one,
or if none, upon his guardian ad
litem whose appointment shall be
applied for by the plaintiff. In the
case of a minor, service may also
be made on his father or mother.
Rule 14, Sec. 11 Service Upon Domestic Private
Juridical Entity. When the
defendant is a corporation,
partnership or association
organized under the laws of the
Philippines with a juridical
personality, service may be made
on the president, managing
partner, general manager,
corporate secretary, treasurer, or
in-house counsel.
Service upon Minors The amended Section 10 are
and
Incompetents. When similar
the except for the
defendant is a minor, insane or revisions on gender
otherwise sensitivity, adding the word
an
incompetent person, service of person after the word
summons shall be made upon incompetent, and making
him or her personally and on mandatory with the use of
his or her legal guardian if he or“shall” form the former
she has one, or if none, upon “may” the service of
his or her guardian ad summons on the minor
litem whose appointment shall be through the parent or
guardian. However, the first
applied for by the plaintiff. In the
case of a minor, service shall be sentence provides that in case
made on his or her parent or defendant is a minor, service
guardian. shall be made upon the minor
personally and on the
guardian. So that guardian is
either the parent or a court
appointed guardian.
Service upon Spouses. When The amended Section 11 is a
spouses are sued jointly, service new insertion not present
of summons should be made to under the old rules. It
each spouse individually. provides that summons
served on any of the spouses,
if sued jointly, is not enough.
Summons should be made to
each spouses individually.
86


Rule 14, Sec. 12 The amended Section 12 may be The amended provision is the
compared with the old Section 11 same insofar as it provides
which deals with the same matter that service on the juridical
of service upon domestic private entity must be made through
judicial entity: the president, managing
partner, general manager,
Service Upon Domestic Private Service upon Domestic Private corporate secretary, treasurer,
Juridical Entity. When the Juridical Entity. When the or in-house counsel.
defendant is a corporation, defendant is a corporation, However, the amended
partnership or association partnership or association provision adds that service on
organized under the laws of the organized under the laws of the them shall be wherever they
Philippines with a juridical Philippines with a juridical may be found. This amended
personality, service may be made personality, service may be made provision addresses the
on the president, managing on the president, managing problem under the old rules of
partner, general manager, partner, general manager, plaintiffs having to asking for
corporate secretary, treasurer, or corporate secretary, treasurer, or alias summons that would
in-house counsel. in-house counsel of the include new addresses for the
corporation wherever they may whereabouts of these officers,
The old Section 12 provides: be found, or in their absence or since the amended rules
Service Upon Foreign Private unavailability, on their provide that service shall be
Juridical Entity. When the secretaries. wherever they may be found.
defendant is a foreign private Since the amended rules only
juridical entity which has If such service cannot be made provides that alias summons
transacted business in the upon any of the foregoing will only be for lost summons,
Philippines, service may be made persons, it shall be made upon then this amended provision
on its resident agent designated in the person who customarily complements Section 4. There
accordance with law for that receives the correspondence for is no need for the plaintiff to
purpose, or, if there be no such the defendant at its principal keep asking for alias
agent, on the government official office. summons every time they are
designated by law to that effect, or able to obtain information on
on any of its officers or agents In case the domestic juridical the whereabouts of the said
within the Philippines. entity is under receivership or officers. They will be served

87

If the foreign private juridical
entity is not registered in the
Philippines or has no resident
agent, service may, with leave of
court, be effected out of the
Philippines through any of the
following means:
(a) By personal service coursed
through the appropriate court in
the foreign country with the
assistance of the Department of
Foreign Affairs;
(b) By publication once in a
newspaper of general circulation
in the country where the
defendant may be found and by
serving a copy of the summons
and the court order by registered
mail at the last known address of
the defendant;
(c) By facsimile or any recognized
electronic means that could
generate proof of service; or
(d) By such other means as the
court may in its discretion direct
(As amended by A.M. No. 11-3-6-
SC, 15 March 2011)
liquidation, service of wherever they may be found.
summons shall be made on the Additionally, in their absence,
receiver or liquidator, as the service may be made on their
case may be. secretaries. Usually, the
process server are only able to
Should there be a refusal on the talk with these secretaries,
part of the persons above- who would usually say that
mentioned to receive summons said officers were not there.
despite at least three (3) With the amendment, if the
attempts on two (2) different officers are not in the principal
dates, service may be made place of office, then service
electronically, if allowed by the may be made on the
court, as provided under secretaries. Under the old rile,
Section 6 of this Rule. there would be need to make
||| 3 attempts on 2 separate dates
before it can be served on the
secretaries as substituted
service. With the amendment,
in the absence of the officers,
service may be already
directly made on the
secretaries of these officers,
without the need of making 3
attempts on 2 separate days.
If it cannot be made on the
officers or said secretaries of
the said officers, then service
shall be effective upon the
person who customarily
receives the correspondence
for the defendant at its
88


principal office. This is

another insertion and
addresses the problems faced
under the old rules on
difficulty of serving on the
appropriate officers of the
corporation. Now, in the
absence of the officers or their
secretaries, the person in
charge of receiving
correspondences at the
principal office shall be
authorized to received
summons for the corporation.

Note that the person

customarily receiving
correspondences is a person
with whom substituted
service may be made after 3
attempts on 2 different dates
under Section 6, rule 14. It
appears that under this
provision, if it cannot be made
on the officers or secretaries,
even without the 3 attempts
on 2 different dates, provides
that the service cannot be
made on said officers and
their secretaries, service can
already be made on the

89


person customarily receiving

correspondences.

Additionally, the amended

provision adds that in case the
domestic juridical entity is
under receivership or
liquidation, service of
summons shall be made on
the receiver or liquidator, as
the case may be.

Finally, the amended rule

provides that should there be
a refusal on the part of the
persons above-mentioned to
receive summons despite at
least 3 attempts on 2 different
dates, substituted service may
already be made
electronically, if allowed by
the court, as provided under
Section 6, Rule 14.

90

Rule 14, Sec. 13 Service Upon Public Corporations.
When the defendant is the
Republic of the Philippines,
service may be effected on the
Solicitor General; in case of a
province, city or municipality, or
like public corporations, service
may be effected on its executive
head, or on such other officer or
officers as the law or
the court may direct.
Duty of Counsel of Record.
Where the summons is
improperly served and a lawyer
makes a special appearance on
behalf of the defendant to,
among others, question the
validity of service of summons,
the counsel shall be deputized
by the court to serve summons
on his or her client.
91
This is an entirely new
provision. In essence, this
amended Section 13 provides
that if there is improper
service of summons of
summons on the defendant
and the counsel of defendant
assails the jurisdiction over
the person of the defendant by
special appearance, rather
than dismissing the case for
lack of jurisdiction over the
person, the court will instead
deputize that counsel to serve
summons on his client. This
will effectively render
nugatory the ground of
motion to dismiss on lack of
jurisdiction over the person
since it will not cause the
dismissal but rather, it will be
used as a tool for there to be
jurisdiction over the person of
defendant through his own
counsel being deputized by
the court to serve summons
on said defendant. In any
case, based on Section 12, Rule
15, a motion to dismiss based
on lack of jurisdiction over the
person of defendant is already
a prohibited motion, as the

Rule 14, Sec. 14 The amended Section 14 may be
compared with the old Section 12
which deals with the same matter
of service upon foreign private
judicial entity:
Service Upon Foreign Private
Juridical Entity. When the
defendant is a foreign private
juridical entity which has
transacted business in the
Philippines, service may be made
on its resident agent designated in
accordance with law for that
purpose, or, if there be no such
agent, on the government official
designated by law to that effect, or
only grounds allowed are
those non waivable grounds
contained under Section 1,
Rule 9. This further finds
support in the wording of the
amended Section 13, which
uses the term “question” and
not assailing the jurisdiction
over the person by motion to
dismiss. Section 12, Rule 8
provides that lack of
jurisdiction over the person of
defendant may be raised as an
affirmative defense instead.
The old Section 14 provides
for service on defendant
whose identity or
whereabouts are unknown.
The amended Section 14 may
be compared with the old 12
Service upon Foreign Private which deals with the same
Juridical Entities. When the matter of service upon foreign
defendant is a foreign private private judicial entity.
juridical entity which has
transacted or is doing business There is a revision on the
in the Philippines, as defined by coverage of the rule. It
law, service may be made on its clarifies that it covers foreign
resident agent designated in judicial entities that
accordance with law for that transacted or is doing
purpose, or, if there be no such business in the Philippines as
agent, on the government official defined by law.
designated by law to that effect,
92


on any of its officers or agents or on any of its officers or, Service of summons was also
within the Philippines. agents, directors or revised to add directors or
trustees within the Philippines. trustees within the
If the foreign private juridical Philippines.
If the foreign private juridical entity is not registered in the
entity is not registered in the Philippines, or has no resident Note that the amended rules
Philippines or has no resident agent but has transacted or is highlighted portions,
agent, service may, with leave of doing business in it, as defined showing new provisions but
court, be effected out of the by law, such service may, with these apparent new
Philippines through any of the leave of court, be effected provisions are already
following means: outside of the Philippines contained in the old Section 12
through any of the following as amended by A.M. No. 11-3-
means: 6-SC, 15 March 2011.
(a) By personal service coursed
(a) By personal service coursed through the appropriate court in The highlight on the left
through the appropriate court in the foreign country with the shows which provisions
the foreign country with the assistance of the department of under the amended rule
assistance of the Department of foreign affairs; changed Section 12 as
Foreign Affairs; (b) By publication once in a amended by A.M. No. 11-3-6-
(b) By publication once in a newspaper of general SC, 15 March 2011.
newspaper of general circulation circulation in the country where
in the country where the the defendant may be found The amendment added in the
defendant may be found and by and by serving a copy of the second paragraph a
serving a copy of the summons summons and the court order by qualification for a foreign
and the court order by registered registered mail at the last private juridical entity that is
mail at the last known address of known address of the not registered in the
the defendant; defendant; Philippines, or has no resident
(c) By facsimile or any recognized (c) By facsimile or any agent. The qualification is that
electronic means that could recognized electronic means that it nevertheless has transacted
generate proof of service; or could generate proof of service; or is doing business in it, as
(d) By such other means as the (d) By electronic means with the defined by law. Then the
court may in its discretion direct prescribed proof of service; or word out in the phrase of the

93


(As amended by A.M. No. 11-3-6- (e) By such other means as the Philippines, was changed to
SC, 15 March 2011) court, in its discretion, may outside.
direct.
||| Paragraph (c) of Section 12
The old Section 14 provides: was revised. The phrase “or
any recognized electronic
Service Upon Defendant Whose means that could generate
Identity or Whereabouts are proof of service” was
Unknown. In any action where the removed from paragraph (c)
defendant is designated as an but was moved and
unknown owner, or the like, or paraphrased in paragraph (d)
whenever his whereabouts are as “By electronic means with
unknown and cannot be the prescribed proof of
ascertained by diligent inquiry, service”. The the original
service may, by leave of court, be paragraph (d) was moved to
effected upon him by publication paragraph (e).
in a newspaper of general (e) By such other means as the
circulation and in such places and court, in its discretion, may
for such time as the court may direct.
order.

Rule 14, Sec. 15 The amended Section 15 may be

compared with the old Section 13
which deals with the same matter
of service upon public
corporations:

Service Upon Public Corporations. Service upon Public Corporations. The amended Section 15 may
When the defendant is the When the defendant is the be compared with the old
Republic of the Philippines, Republic of the Philippines, Section 13 which deals with
service may be effected on the service may be effected on the the same matter of service

94


Solicitor General; in case of a
province, city or municipality, or
like public corporations, service
may be effected on its executive
head, or on such other officer or
officers as the law or
the court may direct.
Solicitor General; in case of a upon public corporations. The
province, city or municipality, or old and new provisions on
like public corporations, service service upon public
may be effected on its executive corporations are the same.
head, or on such other officer or
officers as the law or the court
may direct.

The old section 15 provides:

Extraterritorial Service. When the

defendant does not reside and is
not found in the Philippines, and
the action affects the personal
status of the plaintiff or relates to,
or the subject of which is,
property within the Philippines,
in which the defendant has or
claims a lien or interest, actual or
contingent, or in which the relief
demanded consists, wholly or in
part, in excluding the defendant
from any interest therein, or the
property of the defendant has
been attached within the
Philippines, service may, by
leave of court, be effected
out of the Philippines by personal
service as under Section 6; or by
publication in a
newspaper of general circulation
in such places and for such time as

95

the court may order, in which case
a copy of the summons and
order of the court shall be sent by
registered mail to the last known
address of the defendant, or in
any other manner the court may
deem sufficient. Any order
granting such leave shall specify a
reasonable time, which shall not
be less than sixty (60) days after
notice, within which the
defendant must answer.
Rule 14, Sec. 16 The amended Section 16 may be
compared with the old Section 14
which deals with the same matter
of service upon defendant whose
identity or whereabouts are
unknown:
Service Upon Defendant Whose
Identity or Whereabouts are
Unknown. In any action where the
defendant is designated as an
unknown owner, or the like, or
whenever his whereabouts are
unknown and cannot be
ascertained by diligent inquiry,
service may, by leave of court, be
effected upon him by publication
in a newspaper of general
circulation and in such places and
Service upon Defendant Whose
Identity or Whereabouts are
Unknown. In any action where
the defendant is designated as an
unknown owner, or the like, or
whenever his or
her whereabouts are unknown
and cannot be ascertained by
diligent inquiry, within ninety
(90) calendar days from the
commencement of the action,
service may, by leave of court, be
effected upon him or her by
96
The amended Section 16 may
be compared with the old
Section 14 which deals with
the same matter of service
upon defendant whose
identity or whereabouts are
unknown.
The amendment addresses
gender sensitivity and also
prescribes a period to
construe how long diligent
inquiry shall be considered as
enough to warrant seeking
leave of court for service by
publication. With the
amendment, there is now a
period of 90 calendar days
from the commencement of
action.


for such time as the court may publication in a newspaper of Additionally, if leave is
order. general circulation and in such granted, the order should
places and for such time as the specify a reasonable time that
The old Section 16 provides: court may order. is not less than 60 calendar
Any order granting such leave days from notice within
Residents Temporarily Out of the shall specify a reasonable time, which defendant must
Philippines. When any action is which shall not be less than answer.
commenced against a defendant sixty (60) calendar days after
who ordinarily resides within the notice, within which the
Philippines, but who is defendant must answer.
temporarily out of it, service may,
by leave of court, be also effected
out of the Philippines, as under
the preceding section.

Rule 14, Sec. 17 The amended Section 17 may be
compared with the old Section 15
which deals with the same matter
of extraterritorial service:
Extraterritorial Service. When the
defendant does not reside and is
not found in the Philippines, and
the action affects the personal
status of the plaintiff or relates to,
or the subject of which is,
property within the Philippines,
in which the defendant has or
claims a lien or interest, actual or
contingent, or in which the relief
demanded consists, wholly or in
Extraterritorial Service. When the
defendant does not reside and is
not found in the Philippines, and
the action affects the personal
status of the plaintiff or relates to,
or the subject of which is,
property within the Philippines,
in which the defendant has or
claims a lien or interest, actual or
contingent, or in which the relief
demanded consists, wholly or in
The amended Section 17 may
be compared with the old
Section 15 which deals with
the same matter of
extraterritorial service.
The old and new provision are
essentially the same except for
the addition of service as
provided for in international
conventions to which the
Philippines is a party and the
60-day period was changed to
60 calendar days.

97

part, in excluding the defendant
from any interest therein, or the
property of the defendant has
been attached within the
Philippines, service may, by
leave of court, be effected
out of the Philippines by personal
service as under Section 6; or by
publication in a provided for in international
newspaper of general circulation
in such places and for such time as
the court may order, in which case
a copy of the summons and
order of the court shall be sent by
registered mail to the last known
address of the defendant, or in
any other manner the court may
deem sufficient. Any order
granting such leave shall specify a
reasonable time, which shall not
be less than sixty (60) days after
notice, within which the
defendant must answer.
The old Section 17 provides:
Leave of Court. Any application to
the court under this Rule for leave
to effect service in any manner for
which leave of court is necessary
shall be made by motion in
part, in excluding the defendant
from any interest therein, or the
property of the defendant has
been attached within the
Philippines, service may, by
leave of court, be effected out of
the Philippines by personal
service as under Section 6; or as
conventions to which the
Philippines is a party; or by
publication in a newspaper of
general circulation in such places
and for such time as the court
may order, in which case a copy
of the summons and order of the
court shall be sent by registered
mail to the last known address of
the defendant, or in any other
manner the court may deem
sufficient. Any order granting
such leave shall specify a
reasonable time, which shall not
be less than sixty
(60) calendar days after notice,
within which the defendant
must answer.
98
Note that the old provision
makes reference to the old
Section 6, which deals with
Service in the person of
Defendant. The amended
provision still refers to Section
6, but the amended Section 6
now pertains to Substituted
service. Since the amended
rule mentions that it is by
personal service, it may mean
that it should be as provided
under Section 5, and not
Section 6, since the new
Section 5 is the provision on
service in person of
defendant.


writing, supported by
affidavit of the plaintiff or some
person on his behalf, setting forth
the grounds for the application.

Rule 14, Sec. 18 The amended Section 18 may be
compared with the old Section 16
which deals with the same matter
of residents temporarily out of the
Philippines:
Residents Temporarily Out of the
Philippines. When any action is
commenced against a defendant
who ordinarily resides within the
Philippines, but who is
temporarily out of it, service may,
by leave of court, be also effected
out of the Philippines, as under
the preceding section.
The amended Section 18 may
be compared with the old
Section 16 which deals with
the same matter of residents
temporarily out of the
Philippines.
Residents Temporarily Out of the The old Section 16 and Section
Philippines. When any action is 18 under the amended rules
commenced against a defendant are exactly the same.
who ordinarily resides within
the Philippines, but who is
temporarily out of it, service
may, by leave of court, be also
effected out of the Philippines, as
under the preceding Section.

The old Section 18 provides:

Proof of Service. The
proof of service of a summons
shall be made in writing by the
server and shall set forth the
manner, place, and
date of service; shall specify any
papers which have been served
with the process and the

99


name of the person who received

the same; and shall be sworn to
when made by a person other
than a sheriff or his deputy.

Rule 14, Sec. 19 The amended Section 19 may be
compared with the old Section 17
which deals with the same matter
of Leave of Court:
Leave of Court. Any application to
the court under this Rule for leave
to effect service in any manner for
which leave of court is necessary
shall be made by motion in
writing, supported by
affidavit of the plaintiff or some
person on his behalf, setting forth
the grounds for the application.
The old Section 19 provides:
The amended Section 19 may
be compared with the old
Section 17 which deals with
the same matter of Leave of
Court. The old Section 17 and
Leave of Court. Any application to Section 19 under the amended
the court under this Rule for rules are exactly the same.
leave to effect service in any
manner for which leave of court
is necessary shall be made by
motion in writing, supported by
affidavit of the plaintiff or some
person on his behalf, setting
forth the grounds for the
application.

Proof of Service by Publication. If

the service has been made by
publication, service may be
proved by the affidavit of the
printer, his foreman or principal
clerk, or of the editor, business or

100


advertising manager, to which

affidavit a copy of the publication
shall be attached, and by an
affidavit showing the deposit of a
copy of the summons and order
for publication in the post office,
postage prepaid, directed to the
defendant by registered mail to
his last known address.
Rule 14, Sec. 20 The amended Section 20 may be The amended Section 20 may
compared with the old Section 4, be compared with the old
which deals with the same subject Section 4, which deals with
of return: the same subject of return.

Return. When the service has been Return. Within thirty (30) It appears that the
completed, the server shall, calendar days from issuance of jurisprudential
within five (5) days therefrom, summons by the clerk of court pronouncement on what is
serve a copy of the return, and receipt thereof, the sheriff reasonable time within which
personally or by registered mail, or process server, or person to serve summons has been
to the plaintiff's counsel, and shall
authorized by the court, shall made part of the rules. In
return the summons to the clerk complete its service. Within five Manotoc v. Court of Appeals,
who issued it, accompanied by (5) calendar days from service of G.R. No. 130974, 16 August
proof of service. summons, the server shall file 2006 the Supreme Court ruled
with the court and serve a copy that reasonable time is 1
The old Section 20 provides: of the return to the plaintiff's month from issuance of
counsel, personally, by summons, which is not
Voluntary Appearance. The registered mail, or by electronic incorporated in the amended
defendant's voluntary means authorized by the Rules. Section 20, which provides
appearance in the action shall be that within 30 calendar days
equivalent to service of summons. Should substituted service have from said issuance, the
The inclusion in a motion to been effected, the return shall process person should
dismiss of other grounds aside state the following: complete service of summons.

101

from lack of jurisdiction over the
person of the defendant shall not (1) The impossibility of prompt
be deemed a voluntary personal service within a period
appearance of thirty (30) calendar days from
issue and receipt of summons;
(2) The date and time of the
three (3) attempts on at least (2)
two different dates to cause
personal service and the details
of the inquiries made to locate
the defendant residing thereat;
and
(3) The name of the person at
least eighteen (18) years of age
and of sufficient discretion
residing thereat, name of
competent person in charge of
the defendant's office or regular
place of business, or name of
the officer of the homeowners'
association or condominium
corporation or its chief security
officer in charge of the
community or building where
the defendant may be found.
102
The old rule provides that the
return must be made within 5
days from the time the service.
And the return is made to the
clerk of court who issued
summons with proof of
service. Under the amended
rule, it provides that the
return shall be made within 5
calendar days by filing it with
the court and serving on
plaintiff’s counsel.
The old rule on return
provides that the return shall
be served on plaintiff’s
counsel personally or by
registered mail. The amended
rule provides, in addition, it
may be served also by
electronic means authorized
by the rules.
The amended rule also
provides for guidelines on
what the return should
contain in case of substituted
service. Note that the
amendment is similar to the
jurisprudential guideline


provided in Manotoc. Here,

the Supreme Court ruled that
before substituted service of
summons may be resorted to,
the Process Service must
establish the impossibility of
prompt personal service
within a reasonable time, and
the Process Service must have
made several attempts to
personally serve summons
within a reasonable period of
1 month, specifying: (1) the
circumstances surrounding
the attempted personal
service; (2) the efforts made to
find the Defendant; (3) the
reasons behind the failure; (4)
the date and time of attempts
of personal service; (5) the
inquiries made to locate the
defendant; (6) the name/s of
the occupants of the alleged
residence of defendant; and
(7) and all other acts, though
futile to serve the summons
on the defendant. The
Supreme Court also
construed “several attempts”
as trying at least thrice on 2
different dates. The foregoing
appear to be incorporated in

103

Rule 14, Sec. 21 There is no Section 21 under the
old rules, but the new Section 21
may be compared with the old
Section 18, which deals with the
same subject of Proof of Service:
Proof of Service. The
proof of service of a summons
shall be made in writing by the
server and shall set forth the
manner, place, and
date of service; shall specify any
papers which have been served
with the process and the
name of the person who received
the same; and shall be sworn to
when made by a person other
than a sheriff or his deputy.
Proof of Service. The proof of
service of a summons shall be
made in writing by the server
and shall set forth the manner,
place, and date of service; shall
specify any papers which have
been served with the process and
the name of the person who
received the same; and shall be
sworn to when made by a person
other than a sheriff or his or
her deputy.
If summons was served by
electronic mail, a printout of
said e-mail, with a copy of the
104
the amended rule, in addition
to the specific requirements
mentioned therein on what
should be stated in the return
in case of substituted service.
This provision should also be
read in relation to Section 6, as
amended on substituted
service.
There is no Section 21 under
the old rules, but the new
Section 21 may be compared
with the old Section 18, which
deals with the same subject of
Proof of Service.
The first paragraph is the
same, except for the
amendment to address
gender sensitivity.
The second paragraph is a
new insertion. The proof of
service by e-mail shall be a
print out of the e-mail with a
copy of the summons as
served, and the affidavit of the
person mailing.

Rule 14, Sec. 22 There is no Section 22 under the
old rules, but the new Section 22
may be compared with the old
Section 19, which deals with the
same subject of Proof of Service by
Publication:
Proof of Service by Publication. If
the service has been made by
publication, service may be
proved by the affidavit of the
printer, his foreman or principal
clerk, or of the editor, business or
advertising manager, to which
affidavit a copy of the publication
shall be attached, and by an
affidavit showing the deposit of a
copy of the summons and order
for publication in the post office,
postage prepaid, directed to the
defendant by registered mail to
his last known address.
summons as served, and the
affidavit of the person mailing,
shall constitute as proof of
service.
|||
There is no Section 22 under
the old rules, but the new
Section 22 may be compared
with the old Section 19, which
deals with the same subject of
Proof of Service by
Publication.
Proof of Service by Publication. If The amended provision
the service has been made by changed printer to publisher,
publication, service may be and deleted “the foreman or
proved by the affidavit of principal clerk: from those
the publisher, his foreman or who may execute the
principal clerk, or of the editor, affidavit. There was also an
business or advertising manager, amendment to address
to which affidavit a copy of the gender sensitivity.
publication shall be attached and
by an affidavit showing the
deposit of a copy of the
summons and order for
publication in the post office,
postage prepaid, directed to the
defendant by registered mail to
his or her last known address.
105

Rule 14, Sec. 23 There is no Section 23 under the
old rules, but the new Section 23
may be compared with the old
Section 20, which deals with the
same subject of voluntary
appearance:
Voluntary Appearance. The
defendant's voluntary
appearance in the action shall be
equivalent to service of summons.
The inclusion in a motion to
dismiss of other grounds aside
from lack of jurisdiction over the
person of the defendant shall not
be deemed a voluntary
appearance
Prior to the amendment the
old rule and jurisprudence
provide that a defendant who
files a motion to dismiss,
assailing the jurisdiction of
the court over his person,
together with other grounds
Voluntary Appearance. The raised therein, is not deemed
defendant's voluntary to have appeared voluntarily
appearance in the action shall be before the court. There is only
equivalent to service of voluntary appearance if such
summons. The inclusion in a was made without
motion to dismiss of other qualification, or by waiving
grounds aside from lack of his defense of lack of
jurisdiction over the person of jurisdiction over his person
the defendant shall be deemed a due to improper service of
voluntary appearance. summons. (Garcia v.
Sandiganbayan, G.R. Nos.
170122 & 171381, 12 October
2009)
With the amendment, raising
the ground of lack of
106


jurisdiction together with

other grounds shall be
deemed as voluntary
appearance. Thus, to
effectively assail jurisdiction,
the defendant must only raise
the ground of lack of
jurisdiction. If he raises other
grounds, he is deemed to have
submitted his person to the
jurisdiction of the court. This
rule is now consistent with the
rule on motion to quash
information for lack of
jurisdiction over the person of
accused.

This provision should be read

with Section 13, which
provides that if the defendant
assails jurisdiction over his
person (and in doing so he
should not raise other
grounds), his lawyer may be
deputized by the court to
effect service of summons on
him.

107

Rule 15, Sec. 2 SECTION 2. Motions Must Be in
Writing. — All motions shall be in
writing except those made in
open court or in the course of a
hearing or trial.
Rule 15, Sec. 4 Hearing of Motion. Except for
motions which the court may act
upon without prejudicing the
rights of the adverse party, every
written motion shall be set for
hearing by the applicant.
Motions Must be in Writing. All
motions shall be in writing
except those made in open court
or in the course of a hearing or
trial.
A motion made in open court or
in the course of a hearing or trial
should immediately be resolved
in open court, after the adverse
party is given the opportunity to
argue his or her opposition
thereto.
When a motion is based on facts
not appearing on record, the
court may hear the matter on
affidavits or depositions
presented by the respective
parties, but the court may direct
that the matter be heard wholly
or partly on oral testimony or
depositions.
|||
Non-Litigious Motions.
Motions which the court may
act upon without prejudicing
the rights of adverse parties are
non-litigious motions. These
motions include:
a) Motion for the issuance of
an alias summons;
108
The first paragraphs of the old
and new rule are the same.
The second and third
paragraphs under the
amended rule are new
insertions.
The second paragraph
provides that motions made
in open court/in the course of
a hearing should already be
immediately resolved in open
court, after the other party is
given opportunity to argue
his opposition thereto.
If a motion is based on facts
not appearing on record, the
court may hear the matter on
affidavits or depositions
presented by the respective
parties, but the court may
direct that the matter be heard
wholly or partly on oral
testimony or depositions.
The original Section 4 on
hearing of motion was
deleted. Prior to the
amendment, all motions that
the court cannot act on
without prejudicing the rights
of the adverse party must be
set for hearing (Ti vs. Diño,

b) Motion for extension to file
answer;
c) Motion for postponement;
d) Motion for the issuance of a
writ of execution;
e) Motion for the issuance of
an alias writ of execution;
f) Motion for the issuance of a
writ of possession;
g) Motion for the issuance of an
order directing the sheriff to
execute the final certificate of
sale; and
h) Other similar motions.
These motions shall not be set
for hearing and shall be
resolved by the court within
five (5) calendar days from
receipt thereof.
Rule 15, Sec. 5 Notice of Hearing. The Litigious Motions.
notice of hearing shall be (a) Litigious motions include:
addressed to all parties 1) Motion for bill of particulars;
concerned, and shall specify the 2) Motion to dismiss;
time and date of the hearing 3) Motion for new trial;
which must not be later than ten 4) Motion for reconsideration;
(10) days after the filing of the 5) Motion for execution
motion. pending appeal;
6) Motion to amend after a
responsive pleading has been
filed;
7) Motion to cancel statutory
lien;
109
G.R. No. 219260, 6 November
2017) Section 4, Rule 15 under
the old rule was a mandatory
requirement and failure to
comply with the same renders
the motion fatally defective
(Dela Peña v. Dela Peña, G.R.
No. 116693, 5 July 1996) It was
required that the litigious
motion should be set for
hearing within 10 days from
filing of the motion and the
other party must be given
notice thereof at least 3 days
before the hearing on the
motion. This was also known
as the 3-day notice rule. The
foregoing jurisprudential
pronouncement and rule no
longer holds true with the
amendment. The new
Sections 4 and 5 now
enumerate which motions are
litigious and non litigious.
Non litigious motions are
those that the court may act on
without prejudicing the rights
of the adverse party, and in
which case, the motion shall
not be set for hearing and
shall just be resolved by the


8) Motion for an order to break court within 5 calendar days

in or for a writ of demolition; from receipt thereof.
9) Motion for intervention;
10) Motion for judgment on the As for litigious motions as
pleadings; provided under the new
11) Motion for summary Section 5, there must be
judgment; service on the other party of
12) Demurrer to evidence; the motion by any of the
13) Motion to declare defendant following modes of service:
in default; and (1) personal; (2) accredited
14) Other similar motions. private courier; (3) registered
mail; or (4) electronic means,
(b) All motions shall be served that would ensure receipt by
by personal service, accredited the other party. Note that
private courier or registered electronic means of service
mail, or electronic means so as requires the consent of the
to ensure their receipt by the other party or upon direction
other party. of the court, pursuant to
Section 9 of Rule 13.
(c) The opposing party shall file
his or her opposition to a There must also be proof of
litigious motion within five (5) notice of the written motion
calendar days from receipt on the other party, which
thereof. No other submissions must be related to Section 17,
shall be considered by the court Rule 13 on Proof of Service.
in the resolution of the motion. Without that proof of service,
the court will not act on such
The motion shall be resolved by motion.
the court within fifteen (15)
calendar days from its receipt of Under the old rule, if the
the opposition thereto, or upon written motion ser for hearing

110


expiration of the period to file has no proof of service, ie, no

such opposition. compliance with the 3-day
Rule 15, Sec. 6 Proof of Service Necessary. No Notice of Hearing on Litigious notice rule, then the court
written motion set for hearing Motions; Discretionary. The shall not act on the same. With
shall be acted upon by court may, in the exercise of its the amendment, there is no
need to comply with the 3-day
the court without proof of service discretion, and if deemed
thereof. necessary for its resolution, call notice, since there is generally
a hearing on the motion. The no hearing on a motion,
notice of hearing shall be unless the court, in its
addressed to all parties discretion, sets the same for
concerned, and shall specify the hearing if necessary. What is
time and date of the hearing. only needed now is to ensure
service of the motion or to
give notice thereof on the
Rule 15, Sec. 7 The new Section 7 may be other party and to provide the
compared with the old Section 6 court proof of the same.
which deals with the same subject
of proof of service necessary: From notice of the motion by
Proof of Service Necessary.— the other party, said party
Proof of Service Necessary. No No written motion set for shall already file his
written motion set for hearing hearing shall be acted upon by opposition to the motion
shall be acted upon by the court without proof of within 5 calendar days from
the court without proof of service service thereof, pursuant to said receipt. In the past, it is
thereof. Section 5 (b) hereof. during the motion hearing
where the parties will know
how much time they will have
to file their comment
The old Section 7 provides: on/opposition to the motion,
and the reply to said
Motion Day. Except for motions comment/opposition, if the
requiring immediate action, all court allows. Also, prior to the
amendment, parties could be

111

motions shall be scheduled for
hearing on Friday afternoons, or if
Friday is a non-working day, in
the afternoon of the next working
day.
112
given 10-15 days within
which to file said
comment/opposition or
reply. With the amendment,
only an opposition is allowed
within the period of 5
calendar days from receipt of
the motion, and thereafter, no
other pleadings shall be
allowed. With the
amendment, there is also now
a period within which the
court shall resolve the motion,
which was not present under
the old rule. The court only
has 15 calendar days from
receipt of the opposition
within which to resolve the
motion.
Also, Section 6 of the
amended rule provides that a
hearing on the motion is now
just discretionary, unlike the
previous rule that it was
mandatory. The court may, in
its discretion and if it deems
necessary for resolution, call a
hearing on the motion.
The purpose of the notice and
hearing requirements for


litigious motions under the

old rule was that “unless the
movant sets the time and
place of hearing, the court will
be unable to determine
whether the adverse party
agrees or objects to the
motion, and if he objects, to
hear him on his objection. The
objective of the rule was to
avoid a capricious change of
mind in order to provide due
process to both parties and
ensure impartiality in the
trial.” (Fajardo v. Court of
Appeals, G.R. No. 140356, 20
March 2001)

In any case, with the new rule,

due process is still observed
since if it is a litigious motion,
the other party shall be given
opportunity to be heard by
filing his opposition to the
motion within 5 calendar days
from receipt thereof. This may
be waived by not filing said
opposition. Also, in the
court’s discretion, a hearing
may be conducted on the
motion if it is necessary. There
is only no hearing when it is a

113

Rule 15, Sec. 8 The new Section 8 may be
compared with the old Section 7,
which deals with the same subject
of Motion day:
Motion Day. Except for motions
requiring immediate action, all
motions shall be scheduled for
hearing on Friday afternoons, or if
Friday is a non-working day, in
the afternoon of the next working
day.
The old Section 8 provides:
Omnibus Motion. Subject to the
provisions of Section 1 of Rule 9, a
Motion Day. Except for motions
requiring immediate
action, where the court decides
to conduct hearing on a litigious
motion, the same shall be set on
a Friday.
114
non litigious motion that the
court may resolve without
prejudice to the other party.
Note that the motion to
dismiss is under the litigious
motion. And the same
provision provides for how
the same shall be resolved, as
earlier mentioned. Hence, this
renders nugatory the
provisions on hearing and
resolution on motion to
dismiss under Rule 16,
Sections 2 and 3.
The new Section 8 may be
compared with the old Section
7, which deals with the same
subject of Motion day. With
the amended Section 8, the
motion day, in instances
where the court decides to
conduct hearing on a litigious
motion, will only be set on
Fridays, unless there are
motions that require
immediate action. This is
unlike the old rule where the
movant set the hearing on a
Friday by stating the date
thereof in the Notice of
Hearing in the Motion, which

motion attacking a pleading,
order, judgment, or proceeding
shall include all objections then
available, and all objections not so
included shall be deemed
waived.
Rule 15, Sec. 9 The new Section 9 may be
compared with the old Section 8,
which deals with the same subject
matter of Omnibus Motion:
Omnibus Motion. Subject to the
provisions of Section 1 of Rule 9, a
motion attacking a pleading,
order, judgment, or proceeding
shall include all objections then
available, and all objections not so
included shall be deemed
waived.
The old Section 9 provides:
Motion for Leave. A motion for
leave to file a pleading or motion
shall be accompanied by the
pleading or motion sought to be
admitted.
must be set within 10 days
from filing and with notice to
the other party at least 3 days
before said motion hearing.
Now, only motions that the
court decides in its discretion
needs hearing will be set for
such hearing
The new Section 9 may be
compared with the old Section
8, which deals with the same
subject matter of Omnibus
Motion. The old Section 8 and
Omnibus Motion. Subject to the the new Section 9 on Omnibus
provisions of Section 1 of Rule 9, Motion are exactly the same.
a motion attacking a pleading,
order, judgment, or proceeding
shall include all objections then
available, and all objections not
so included shall be deemed
waived.
115

Rule 15, Sec. 10 The new Section 10 may be
compared with the old Section 9,
which deal with the same subject
matter of motion for leave:
Motion for Leave. A motion for
leave to file a pleading or motion
shall be accompanied by the
pleading or motion sought to be
admitted.
The old Section 10 provides:
Form. The Rules applicable to
pleadings shall apply to written
motions so far as concerns
caption, designation, signature,
and other matters of form.
Rule 15, Sec. 11 There is no Section 11 under the
old rule. The new Section 11 may
nevertheless be compared with
the old Section 10, which deals
with the same subject matter of
form:
Form. The Rules applicable to
pleadings shall apply to written
motions so far as concerns
caption, designation, signature,
and other matters of form.
The new Section 10 may be
compared with the old Section
9, which deal with the same
subject matter of motion for
leave. The old Section 9 and
Motion for Leave. A motion for the new Section 10 on Motion
leave to file a pleading or motion for leave are exactly the same.
shall be accompanied by the
pleading or motion sought to be
admitted.
There is no Section 11 under
the old rule. The new Section
11 may nevertheless be
compared with the old Section
10, which deals with the same
subject matter of form. Section
10 under the old rule and the
Form. The Rules applicable to new Section 11 both dealing
pleadings shall apply to written with Form are exactly the
motions so far as concerns same.
caption, designation, signature,
and other matters of form.
116

Rule 15, Sec. 12 There is no Section 12 under the Prohibited Motions. The
old rule. following motions shall not be
allowed:
(a) Motion to dismiss except on
the following grounds:
1) That the court
has no jurisdiction over the
subject matter of the claim;
2) That there is another action
pending between the same
parties for the same cause; and
3) That the cause of action is
barred by a prior judgment or
by the statute of limitations.
(b) Motion to hear affirmative
defenses;
(c) Motion for reconsideration
of the court's action on the
affirmative defenses;
(d) Motion to suspend
proceedings without
temporary restraining order or
injunction issued by a higher
court;
(e) Motion for extension of time
to file pleadings, affidavits or
any other papers, except a
motion for extension to file an
answer as provided by Section
11, Rule 11; and
(f) Motion for postponement
intended for delay, except if it is
117
This is a new insertion. There
was no provision on
prohibited motions under the
old rules.
Rule 16 on Motions to Dismiss
has been deleted because its
provisions have been either
deleted or transferred under
different rules.
The amended rules provide
that a motion to dismiss shall
not be allowed except only for
the non waivable grounds
under Section 1, Rule 9. With
the deleted Rule 16, no period
is provided under the rules
when such motion to dismiss
may be filed. In any case, it
a appears unnecessary to
provide a period to file a
motion to dismiss since the
grounds under Sec. 1, Rule 9,
are non-waivable. However,
the effect of this is unlike the
old Section 1, Rule 16 in
relation to Section 4, Rule 16,
where the time to file an
Answer would be tolled by a
motion to dismiss, with the
deletion of said Rule 16, it


based on acts of God, force appears that the period to file

majeure or physical inability of an Answer will no longer be
the witness to appear and tolled by the filing of a Motion
testify. If the motion is granted to Dismiss. The deletion of
based on such exceptions, the such provision shows the
moving party shall be warned intention to do away with
that the presentation of its such rule.
evidence must still be
terminated on the dates Notably, even without a
previously agreed upon. motion to dismiss, if those
grounds are apparent, the
A motion for postponement, court, under Section 1, Rule
whether written or oral, shall, at 14, may already dismiss the
all times, be accompanied by case.
the original official receipt from
the office of the clerk of court Thus, the court may dismiss
evidencing payment of the the case motu proprio on
postponement fee under grounds under Section 1, Rule
Section 21 (b), Rule 141, to be 9, or a motion to dismiss will
submitted either at the time of be filed therefor, anytime, but
the filing of said motion or not it will not toll the period to file
later than the next hearing date. an Answer.
The clerk of court shall not
accept the motion unless It appears that the other
accompanied by the original grounds for motion to dismiss
receipt previously under Rule 16 may
no longer be availed of. There
appears to be a discrepancy,
since under Section 13, Rule
14, it would seem that there
may be a motion to dismiss
based on lack of jurisdiction of

118


the person, which would be

remedied by deputizing the
counsel of defendant to serve
summons on said defendant.
Section 13, Rule 14 states that
if the improper service of
summons is “questioned”.
Since it does not expressly
state that the manner is by
motion to dismiss, then it
would appear that there is
actually no discrepancy and
hence, the jurisdiction over
the person may be assailed
but not by motion to dismiss,
since it is a prohibited
pleading, because the ground
does not fall under Sec. 1, Rule
9. It thus appears that lack of
jurisdiction over the person
and all other grounds not
included in Section 1, Rule 9,
may only be assailed by
affirmative defense in his
Answer, pursuant to Section
12, Rule 8. These affirmative
defenses, not falling under
Section 1, Rule 9, or not falling
under Section 5(b) of Rule 6,
shall be resolved by the court
within 30 calendar days from
filing an answer. That is why

119


a motion to hear affirmative

defense is now a prohibited
pleading. Under Section 6 of
the old Rule 16, the grounds to
dismiss pleaded as an
affirmative defense may be set
for preliminary hearing. Now,
with this new Section 12, Rule
15, to be read in relation to
Section 12 of Rule 8, there is
no more motion for
preliminary hearing or
hearing on the affirmative
defense, since the rules
require that the court resolve
the grounds for dismissal
pleaded as affirmative
defense (if not falling under
Sec. 1, Rule 9 and Section 5 (b),
Rule 6), to be resolved within
30 calendar days from filing of
answer. If the grounds fall
under Sec. 1, Rule 9 or Section
5 (b) Rule 6, the court may
conduct a summary hearing
within 15 calendar days from
filing of answer and the court
shall resolve the affirmative
defenses within 30 calendar
days from termination of
summary hearing.

120


The court’s action on the

affirmative defenses cannot
be assailed by motion for
reconsideration as well
because that is a prohibited
motion.

Note that Section 12, Rule 8

also provides that if the
affirmative defense is denied,
it shall not be subject of a
motion for reconsideration or
a petition for certiorari,
prohibition or mandamus, but
may be among the matters to
be raised on appeal after a
judgment on the merits. So a
denial of affirmative defense
is not subject of a motion for
reconsideration.

It is uncertain under the

amended rule, whether a
ruling in favor of the
affirmative defense cannot
also be the subject of a motion
for reconsideration – since
categorically states the
following is a prohibited
pleading: “Motion for
reconsideration of the court's
action on the affirmative

121


defenses”. The term action did

not distinguish whether it is
favorable or not. It would thus
appear that if the court rules
in favor of an affirmative
defense then an appeal from
that ruling, without any more
a motion for reconsideration,
is the proper remedy, since
the grant of affirmative
defense is a judgment on the
merits that would dismiss the
case.

Note that motions to suspend

proceedings without a TRO or
injunction issued by a higher
court is prohibited. Hence, the
TRO or injunction order
should be attached to the
motion to suspend.

No motion for extension of

time to file pleading will be
allowed except for an
extension of time to file
answer, pursuant to Section
11, Rule 11, which may only
be granted for meritorious
reasons and for a period of not
more than 30 calendar days,

122


and by only availing of 1

motion for extension.

No motions for extension for

all other pleadings shall be
allowed. Nevertheless,
pursuant to Section 11, Rule
11, the party filing the
pleading may still file out of
time (without seeking for
motion for extension of time),
and it will depend on the
court whether it will be
admitted. Section 11, Rule 11
authorizes the court, in its
discretion to accept a pleading
although filed late, consistent
with the old second
paragraph of Rule 11, Section
11. (Crisologo-Jose v. Land Bank
of the Phils., G.R. No. 167399, 22
June 2006)

For motions for

postponement, it can only be
allowed if due to acts of
God, force majeure or
physical inability of the
witness to appear and testify.
If the motion is granted based
on such exceptions, the
moving party shall be warned

123


that the presentation of its

evidence must still be
terminated on the dates
previously agreed upon.
Hence, there will be no
extension of dates and the
said party must be able to
present all evidence on the
original dates agreed on,
without any addition thereto.
However, note that Section 3,
Rule 30 also allows
postponement of trial due to
illness of party or counsel,
provided their presence is
indispensable and that the
character of illness is such as
to render the non-attendance
excusable.

All motions for

postponements, whether oral
or in writing, shall, at all
times, be accompanied by the
original official receipt from
the office of the clerk of court
evidencing payment of the
postponement fee, to be
submitted either at the time of
the filing of said motion or not
later than the next hearing
date. But the clerk of court

124

Rule 15, Sec. 13 There is no Section 13 under the
old rule. However, this new
Section 13 may be compared with
the old (now deleted) Section 5
Rule 16, which provides:
Effect of Dismissal. Subject to the
right to appeal, an order granting
a motion to dismiss based on
paragraphs (f), (h) and (i) of
Section 1 hereof shall bar the
refiling of the same action or
claim.
Dismissal with Prejudice.
Subject to the right of appeal, an
order granting a motion to
dismiss or an affirmative
defense that the cause of action
is barred by a prior judgment or
by the statute of limitations;
that the claim or demand set
forth in the plaintiff's pleading
has been paid, waived,
abandoned or otherwise
extinguished; or that the claim
on which the action is founded
is unenforceable under the
provisions of the statute of
frauds, shall bar the refiling of
the same action or claim.
125
shall not accept the motion
unless accompanied by the
original receipt, so it is best to
file the written motion
together with the
postponement fee receipt.
There is no Section 13 under
the old rule. However, this
new Section 13 may be
compared with the old (now
deleted) Section 5 Rule 16,
which provides. The
paragraphs (f), (h) and (i) of
Section 1, Rule 16 referred to
in the old Section 5, rule 16
pertain to (1) cause of action is
barred by prior judgment or
statute of limitations; (2) the
claim or demand set forth in
the plaintiff’s pleading was
been waived, abandoned or
otherwise extinguished; and
(3) the claim on which the
action is founded is
unenforceable under the
provisions of the statute of
frauds. These grounds that
cause dismissal with
prejudice under the old rule

Rule 16 Motion to Dismiss
Rule 17, Sec. 2 Dismissal upon
Motion of Plaintiff. Except as
provided in the preceding section,
a complaint shall not be dismissed
at the plaintiff's instance save
upon approval of the court and
upon such terms and conditions
as the court deems proper. If a
counterclaim has been pleaded by
a defendant prior to the service
upon him of the plaintiff's motion
for dismissal, the dismissal shall
be limited to the complaint. The
dismissal shall be without
prejudice to the right of the
defendant to prosecute his
counterclaim in a separate action
are the same as the amended
rule. The dismissal with
prejudice in such instances is
without prejudice to the right
of appeal.
Provisions either deleted or The comments under the
transposed. other provisions (see Amended
Rule 8, Sec. 12, Rule 15, Sec, 7,
12 and 13) contain where the
various provisions of this rule
have been transposed or why
they were deleted.
Dismissal upon Motion of Plaintiff. The old and the new
Except as provided in the provisions are the same
preceding section, a complaint except for the amendment to
shall not be dismissed at the address gender sensitivity
plaintiff's instance save upon and the 15 day period was
approval of the court and upon changed to 15 calendar days.
such terms and conditions as the
court deems proper. If a
counterclaim has been pleaded
by a defendant prior to the
service upon him or her of the
plaintiff's motion for dismissal,
the dismissal shall be limited to
the complaint. The dismissal
shall be without prejudice to the
right of the defendant to
prosecute his or
126

unless within fifteen (15) days
from notice of the motion he
manifests his preference to have
his counterclaim resolved in the
same action. Unless otherwise
specified in the order, a dismissal
under this paragraph shall be
without prejudice. A class suit
shall not be dismissed or
compromised without the
approval of the court
Rule 17, Sec. 3 Dismissal Due to Fault of Plaintiff.
If, for no justifiable cause, the
plaintiff fails to appear on the
date of the presentation of his
evidence in chief on the
complaint, or to prosecute his
action for an unreasonable
length of time, or to comply with
these Rules or any
order of the court, the complaint
may be dismissed upon
motion of the defendant or upon
the court's own motion, without
prejudice to the right of the
defendant to prosecute his
counterclaim in the same or in a
separate action. This dismissal
shall have the effect of an
adjudication upon the merits,
her counterclaim in a separate
action unless within fifteen
(15) calendar days from notice of
the motion he or she manifests
his or her preference to have
his or her counterclaim resolved
in the same action. Unless
otherwise specified in the order,
a dismissal under this paragraph
shall be without prejudice. A
class suit shall not be dismissed
or compromised without the
approval of the court.
Dismissal Due to Fault of Plaintiff. The old and the new
If, for no justifiable cause, the provisions are the same
plaintiff fails to appear on the except for the amendment to
date of the presentation of his or address gender sensitivity
her evidence in chief on the
complaint, or to prosecute his or
her action for an unreasonable
length of time, or to comply with
these Rules or any order of the
court, the complaint may be
dismissed upon motion of the
defendant or upon the court's
own motion, without prejudice
to the right of the defendant to
prosecute his or
her counterclaim in the same or
in a separate action. This
dismissal shall have the effect of
an adjudication upon the merits,
127

unless otherwise declared by unless otherwise declared by the
the court. court.
Rule 18, Sec. 1 When Conducted. After the last
pleading has been served and
filed, it shall be the duty of the
plaintiff to promptly move ex
parte that the case be set for pre-
trial.
When Conducted. After the
last responsive pleading has
been served and filed, the
branch clerk of court shall issue,
within five (5) calendar days
from filing, a notice of pre-trial
which shall be set not later than
sixty (60) calendar days from the
filing of the last responsive
pleading.
128
The amendment qualifies the
last pleading filed as the last
responsive pleading filed.
Without the need for plaintiff
to move ex parte, the clerk of
court should issue the notice
of pre-trial within 5 calendar
days from filing of the last
responsive pleading, which
shall set the pre-trial not later
than 60 calendar days from
said filing.
Note that even prior to the
amendment, A.M. No. 03-1-
09-SC, July 13, 2004 provides
that within five (5) days from
date of filing of the reply, the
plaintiff must promptly
move ex parte that the case be
set for pre-trial conference. If
the plaintiff fails to file said
motion within the given

Rule 18, Sec. 2 Nature and Purpose. The pre-trial is
mandatory. The court shall
consider:
(a) The possibility of an amicable
settlement or of a submission to
alternative modes of dispute
resolution;
(b) The simplification of the
issues;
Nature and Purpose. The pre-trial
is mandatory and should be
terminated promptly.
(a) The possibility of an amicable
settlement or of a submission to
alternative modes of dispute
resolution;
(b) The simplification of the
issues;
129
period, the Branch COC shall
issue a notice of pre-trial. It
was held in Bank of the
Philippines v. Genuino, G.R. No.
208792, 22 July 2015, that with
that administrative matter, it
became the duty of the clerk of
court to set the case for pre-
trial if the plaintiff fails to do
so within the prescribed
period; however this did not
relieve the plaintiff of his own
duty to prosecute the case
diligently.
With the amendment, there is
no need for the plaintiff to file
or the clerk of court to await
the lapse of the period to file
an ex-parte motion to set case
for pretrial, before a notice of
pre trial shall be issued.
The amended rules adds that
the pre-trial should be
terminated promptly.
The provisions on: (1) the
necessity or desirability of
amendments to the pleadings;
and (2) the advisability or


(c) The necessity or (c) The necessity or necessity of suspending

desirability of amendments to the
pleadings;
(d) The possibility of obtaining
stipulations or admissions of facts
and of documents to avoid
unnecessary proof;
(e) The limitation of the
number of witnesses;
(f) The advisability of a
preliminary reference of issues to
a commissioner;
(g) The propriety of rendering
judgment on the pleadings, or
summary judgment,
or of dismissing the action should
a valid ground therefor be found
to exist;
(h) The advisability or
necessity of suspending the
proceedings;
(i) Such other matters as may aid
in the prompt disposition of the
action.
||
desirability of amendments to
the pleadings;
(c) The possibility of obtaining
stipulations or admissions of
facts and of documents to avoid
unnecessary proof;
(d) The limitation of
the number and identification of
witnesses and the setting of trial
dates;
(e) The advisability of a
preliminary reference of issues to
a commissioner;
(f) The propriety of rendering
judgment on the pleadings, or
summary judgment, or of
dismissing the action should a
valid ground therefor be found
to exist;
(h) The advisability or
necessity of suspending the
proceedings;
(g) The requirement for the
parties to:
1. Mark their respective
proceedings were deleted.
With the amendment, it is not
enough to state the number of
witnesses. The witness must
be identified, and the trial
dates must be set.
Note that during the pre-trial,
the evidence if not marked in
the judicial affidavits shall be
marked. There will then be a
comparison of the evidence as
against those marked and
may be stipulations on
whether the evidence is a
faithful reproduction of the
original or on its genuineness
and due execution.
The failure to appear at the
pre-trial is not only a waiver
of the examination and
comparison but also a waiver
of any objections to the

evidence if not yet marked in faithfulness of the

the judicial affidavits of their reproductions marked or their
witnesses; genuineness and due
2. Examine and make execution. This means that
comparisons of the adverse effectively, there is a judicial
admission of the genuineness

130


parties' evidence vis-a-vis the and due execution and

copies to be marked; faithful reproduction of the
3. Manifest for the record evidence of the other party if
stipulations regarding the both the party and counsel fail
faithfulness of the to appear the pre-trial despite
reproductions and the due notice.
genuineness and due execution
of the adverse parties' evidence; There is also an additional
4. Reserve evidence not provision on when an in what
available at the pre-trial, but manner reservation of
only in the following manner: evidence not available during
i. For testimonial evidence, by pre-trial may be made.
giving the name or position and
the nature of the testimony of Note that under the Judicial
the proposed witness; Affidavit rule, only the
ii. For documentary evidence judicial affidavits of witnesses
and other object evidence, by filed and served 5 days before
giving a particular description the pre-trial shall be
of the evidence. considered.
No reservation shall be allowed
if not made in the manner However, under Rule 7, Sec. 6,
described above it provides that every
(h) Such other matters as may aid pleading, such as the
in the prompt disposition of the Complaint and Answer,
action should already attach the
The failure without just cause judicial affidavits of
of a party and counsel to appear witnesses. It appears that the
during pre-trial, despite notice, judicial affidavit rule is
shall result in a waiver of any deemed amended insofar as
objections to the faithfulness of the period when the judicial
the reproductions marked, or affidavits must be submitted
to the court. All not included

131


their genuineness and due in the pleading shall not be

execution. allowed to be presented
The failure without just cause during the trial.
of a party and/or counsel to
bring the evidence required By exception, Section 6(b),
shall be deemed a waiver of the Rule 7 provides for an
presentation of such evidence. exception when a judicial
The branch clerk of court shall affidavit may be presented in
prepare the minutes of the pre- trial even if not attached to the
trial, which shall have the pleading” “except if a party
following format: (See presents meritorious reasons
prescribed form) as basis for the admission of
||| additional witnesses, no other
witnesses shall be heard or
admitted by the court.” Thus,
it is submitted that the
||| pleading should already
||
allege the witnesses whose
judicial affidavits were not
|||(
included and the meritorious
reason why it should be
admitted when presented
later on.

The foregoing should be read

in connection with the
amended Section 2 of Rule 18.
In addition to the allegation in
the complaint of the witness
without a judicial affidavit,
there should be a reservation
to present said witness during

132

Rule 18, Sec. 3 Notice of Pre-Trial. The
notice of pre-trial shall be served
on counsel, or on the party who
has no counsel. The counsel
served with such notice is charged
with the duty of notifying the
party represented by him|||
the pre-trial, in accordance
with the manner prescribed
therein.
All evidence that were not
brought during pre-trial, if
done without just cause, shall
be a waiver of presentation of
the same. Hence, if there is
just cause, then it may be
allowed, subject to the
discretion of the court.
Notice of Pre-Trial. The notice of The notice of pre-trial under
pre-trial shall include the dates the amended rule shall
respectively set for: already include the dates for
(a) Pre-trial; CAM and JDR, if necessary.
(b) Court-Annexed Mediation; Note that JDR is qualified as
and “if necessary”. This should be
(c) Judicial Dispute Resolution, read in relation to Section 9
if necessary. because under the amended
The notice of pre-trial shall be rule, JDR is no longer
served on counsel, or on the mandatory but just
party if he or she has no counsel. discretionary if the court finds
The counsel served with such that settlement is still
notice is charged with the duty of possible.
notifying the party represented
by him or her. The second paragraph of the
amended Section 3 is the same
Non-appearance at any of the as the old Section 3, except for
foregoing settings shall be the amendment to address
deemed as non-appearance at gender sensitivity.
133

Rule 18, Sec. 4 Appearance of Parties. It shall be the
duty of the parties and their
counsel to appear at the pre-trial.
The non-appearance of a party
may be excused only if a valid
cause is shown therefor or if a
representative shall appear in his
behalf fully authorized in writing
to enter into an amicable
settlement, to submit to
alternative modes of dispute
resolution, and to enter into
stipulations or admissions of facts
and of documents.
the pre-trial and shall merit the
same sanctions under Section 5 A third paragraph under the
hereof. amended rule was added and
it provides that the failure to
attend CAM, JDR (if
necessary) or the pre-trial
proper have the effect of
failure to appear under the
amended Section 5.
Appearance of Parties. It shall be Section 4 as amended
the duty of the parties and their categorically states that it is
counsel to appear at the pre- the duty of the parties and
trial, court-annexed mediation, their counsel to appear at the
and judicial dispute resolution, CAM, JDR (if necessary) and
if necessary. The non- pre-trial. The only instances
appearance of a party and where the appearance may be
counsel may be excused only for excused are: (1) acts of God;
acts of God, force majeure, or (2) force majeure; and (3)
duly substantiated physical substantiated physical
inability. inability.
A representative may appear on
behalf of a party, but must be The authority for a
fully authorized in writing to representative to appear on
enter into an amicable behalf of a party and the
settlement, to submit to contents thereof are still the
alternative modes of dispute same as the old rule.
134

Rule 18, Sec. 5 Effect of Failure to Appear. The
failure of the plaintiff to appear
when so required pursuant to the
next preceding section shall be
cause for dismissal of the action.
The dismissal shall be with
prejudice, unless otherwise
ordered by the court. A similar
failure on the part of the
defendant shall be cause to allow
the plaintiff to present his
evidence ex parte and the court to
render judgment on the basis
thereof.
resolution, and to enter into
stipulations or admissions of
facts and documents.
Effect of Failure to Appear. When The amended Section 5
duly notified, the failure of the includes the counsel of
plaintiff and counsel to plaintiff and the defendant.
appear without valid For the sanctions to apply,
cause when so required, there must be due notice and
pursuant to the next preceding failure to appear without
Section, shall cause the dismissal valid cause.
of the action. The dismissal shall
be with prejudice, unless The amended rule also now
otherwise ordered by the court. sets a period within which the
A similar failure on the part of ex parte presentation of
the defendant and counsel shall evidence shall be set.
be cause to allow the plaintiff to
present his or her evidence ex
parte within ten (10) calendar
days from termination of the
pre-trial, and the court to render
judgment on the basis of the
evidence offered.
135

Rule 18, Sec. 6 Pre-Trial Brief. The parties shall
file with the court and serve on
the adverse party, in such manner
as shall ensure their receipt
thereof at least three (3) days
before the date of the pre-trial,
their respective pre-trial briefs
which shall contain, among
others:
(a) A statement of their
willingness to enter into amicable
settlement or alternative
modes of dispute resolution,
indicating the desired terms
thereof;
(b) A summary of admitted facts
and proposed stipulation of facts;
(c) The issues to be tried or
resolved;
(d) The documents or exhibits to
be presented, stating the purpose
thereof;
(e) A manifestation of their having
availed or their intention to avail
themselves of discovery
procedures or referral to
commissioners; and
(f) The number and names of the
witnesses, and the
substance of their respective
testimonies.
Pre-Trial Brief. The parties shall
file with the court and serve on
the adverse party, in such
manner as shall ensure their
receipt thereof at least three
(3) calendar days before the date
of the pre-trial, their respective
pre-trial briefs which shall
contain, among others:
(a) A statement of their
willingness to enter into
amicable settlement or
alternative modes of dispute
resolution, indicating the desired
terms thereof;
(a) A concise statement of the
case and the reliefs prayed for;
(b) A summary of admitted facts
and proposed stipulation of
facts;
(c) The main factual and
legal issues to be tried or
resolved;
(d) The propriety of referral of
factual issues to commissioners;
(e) A manifestation of their
having availed or their intention
to avail themselves of discovery
procedures;
(e) The documents or other
object evidence to be marked,
stating the purpose thereof;
136
With the amended Section 6,
the following are no longer
required to be included in the
pre-trial brief:
(1) A statement of their
willingness to enter into
amicable settlement or
alternative modes of dispute
resolution, indicating the
desired terms thereof;
(2) A manifestation of their
having availed or their
intention to avail
themselves of discovery
procedures; and
(3) the number of witnesses.
The amended rules added as
requirements:
(1) A concise statement of the
case and the reliefs prayed for;
(2) a distinction as to the
issues – main legal and main
factual;
(3) the propriety of referral of
factual issues to
commissioners, whereas the
old rule mentioned only
referral to commissioners;
(4) other object evidence to be
marked; and

Failure to file the pre-trial brief (f) The number and names of the
shall have the same effect as witnesses, and the summary of
failure to appear at the pre-trial. their respective testimonies; and
(g) A brief statement of points
of law and citation of
authorities.
Failure to file the pre-trial brief
shall have the same effect as
failure to appear at the pre-trial
Rule 18, Sec. 7 Record of Pre-Trial. The Pre-Trial Order. Upon
proceedings in the pre-trial shall termination of the pre-trial, the
be recorded. Upon the court shall issue an order within
termination thereof, ten (10) calendar days which
the court shall issue an order shall recite in detail the matters
which shall recite in detail the taken up. The order shall
matters taken up in the include:
conference, the action taken (a) An enumeration of the
thereon, the amendments allowed admitted facts;
to the pleadings, and the (b) The minutes of the pre-trial
agreements or admissions made conference;
by the parties as to any of the (c) The legal and factual issue/s
matters considered. Should the to be tried;
action proceed to trial, the order (d) The applicable law, rules,
shall explicitly define and limit and jurisprudence;
the issues to be tried. The (e) The evidence marked;
contents of the order shall control (f) The specific trial dates for
the subsequent course of the continuous trial, which shall be
action, unless modified before within the period provided by
trial to prevent manifest injustice. the Rules;
(g) The case flowchart to be
determined by the court, which
137
(5) A brief statement of points
of law and citation of
authorities.
Failure to file pre-trial brief
has the same effect as failure
to appear the pre-trial.
The amended rule provides a
period within which the court
shall issue the pre-trial order
(10 calendar days). The
amended rule is more specific
as to what shall be contained
in the pre-trial order, which
even includes the applicable
law, rules and jurisprudence.
There will also be a case
flowchart to be determined by
the court, which shall contain
the different stages of the
proceedings up to the
promulgation of the decision,
which is similar to the rules on
continuous trial for criminal
cases.
There is also an incorporation
in the rules of the one-day

shall contain the different
stages of the proceedings up to
the promulgation of the
decision and the use of time
frames for each stage in setting
the trial dates;
(h) A statement that the one-day
examination of witness rule and
most important witness rule
under A.M. No. 03-1-09-
SC (Guidelines for Pre-Trial)
shall be strictly followed; and
(i) A statement that the court
shall render judgment on the
pleadings or summary
judgment, as the case may be.
The direct testimony of
witnesses for the plaintiff shall
be in the form of judicial
affidavits. After the
identification of such affidavits,
cross-examination shall proceed
immediately.
Postponement of presentation
of the parties' witnesses at a
scheduled date is prohibited,
except if it is based on acts of
God, force majeure or duly
substantiated physical inability
of the witness to appear and
testify. The party who caused
138
witness and mort important
witness rules.
Postponement of presentation
of the parties' witnesses at a
scheduled date is prohibited,
as it is even a prohibited
motion under Rule 15, but
subject to the exception that if
it is based on acts of
God, force majeure or duly
substantiated physical
inability of the witness to
appear and testify. The party
who caused the
postponement is warned that
the presentation of its
evidence must still be
terminated within the
remaining dates previously
agreed upon.
Should the opposing party fail
to appear without valid cause
stated in the next preceding
paragraph, the presentation of
the scheduled witness will
proceed with the absent party
being deemed to have waived
the right to interpose
objection and conduct cross-
examination. Hence, the

the postponement is warned
that the presentation of its
evidence must still be
terminated within the
remaining dates previously
agreed upon.
Should the opposing party fail
to appear without valid cause
stated in the next preceding
paragraph, the presentation of
the scheduled witness will
proceed with the absent party
being deemed to have waived
the right to interpose objection
and conduct cross-examination.
The contents of the pre-trial
order shall control the
subsequent proceedings, unless
modified before trial to prevent
manifest injustice.
Rule 18, Sec. 8 There is no Section 8 under the old Court-Annexed Mediation.
Rule. After pre-trial and, after issues
are joined, the court shall refer
the parties for mandatory court-
annexed mediation.
The period for court-annexed
mediation shall not exceed
thirty (30) calendar days
without further extension.
139
testimony will be admitted
and even if there is no cross-
examination, it is deemed as
admissible and not hearsay as
the right to cross-examine is
deemed waived.
The contents of the pre-trial
order shall control the
subsequent proceedings,
unless modified before trial to
prevent manifest injustice.
This provision is similar to the
old rule.
Under the amended rule, it
makes clear that pre-trial
proper shall first proceed.
Thereafter, the case shall be
referred to CAM and the
proceedings in Cam cannot
exceed 30 calendar days.
Under the Consolidated and
Revised Guidelines to

Rule 18, Sec. 9 There is no Section 9 under the old Judicial Dispute Resolution.
Rule. Only if the judge of the court to
which the case was originally
raffled is convinced that
settlement is still possible, the
case may be referred to another
court for judicial dispute
resolution. The judicial dispute
resolution shall be conducted
within a non-extendible period
of fifteen (15) calendar days
from notice of failure of the
court-annexed mediation.
140
Implement the Expanded
Coverage of Court-Annexed
Mediation and Judicial
Dispute Resolution, A.M. No.
11-1-6-SC-PHILJA, January
11, 2011, an extended period
of another 30 days may be
granted by the court, upon
motion filed by the Mediator,
with the conformity of the
parties. It appears that this
will no longer apply as the
rule categorically states that
the mediation shall not exceed
30 calendar days without
further extension.
Under the Consolidated and
Revised Guidelines to
Implement the Expanded
Coverage of Court-Annexed
Mediation and Judicial
Dispute Resolution, A.M. No.
11-1-6-SC-PHILJA, January
11, 2011, JDR was mandatory,
except for cases that cannot be
settled. With the amended
rule, JDR will only proceed if
the judge of the court to which
the case was originally raffled
is convinced that settlement is
possible.


If judicial dispute resolution

fails, trial before the original JDR shall then be conducted
court shall proceed on the dates for a non-extendible period of
agreed upon. 15 calendar days. Under the
Consolidated and Revised
All proceedings during the Guidelines to Implement the
court-annexed mediation and Expanded Coverage of Court-
the judicial dispute resolution Annexed Mediation and
shall be confidential Judicial Dispute Resolution,
A.M. No. 11-1-6-SC-PHILJA,
January 11, 2011, first level
courts had a period of 30 days
will second level courts had 60
days, to conduct JDR. A
longer period could be
granted upon the discretion of
the JDR judge if there is high
probability of settlement and
upon joint written motion of
the parties. Now, with the
amendment, the period is
shortened and it is
inextendible

If JDR fails, trial shall already

proceed, and the case will go
back to the court where it was
originally raffled.

The confidentiality of JDR and

CAM proceedings are

141

Rule 18, Sec. 10 There is no Section 10 under the Judgment after Pre-Trial.
old Rule. Should there be no more
controverted facts, or no more
genuine issue as to any material
fact, or an absence of any issue,
or should the answer fail to
tender an issue, the court shall,
without prejudice to a party
moving for judgment on the
pleadings under Rule 34 or
summary judgment under Rule
35, motu proprio include in the
pre-trial order that the case be
submitted for summary
judgment or judgment on the
pleadings, without need of
position papers or memoranda.
In such cases, judgment shall be
rendered within ninety (90)
calendar days from termination
of the pre-trial.
The order of the court to submit
the case for judgment pursuant
142
affirmed under the amended
rule.
This is a new insertion under
the amended rule. With this
provision, under the
circumstances present
therein, the court shall motu
proprio include in the pre-trial
order that the case be
submitted for summary
judgment or judgment on the
pleadings, without need of
position papers or
memoranda. This is without
prejudice to a party moving
for judgment on the pleadings
or summary judgment.
In such cases, judgment shall
be rendered within 90
calendar days from
termination of the pre-trial.
The order of the court to
submit the case for judgment

Rule 19, Sec. 3 Pleadings-in-intervention. The
intervenor shall file a complaint-
in-intervention if he asserts a
claim against either or all of the
original parties, or an answer-in-
intervention if he unites with the
defending party in resisting a
claim against the latter.
Rule 19, Sec. 4 Answer to the Complaint-in-
Intervention. The answer to the
complaint-in-intervention shall be
filed within fifteen (15) days from
notice of the order admitting the
same, unless a different period is
fixed by the court.
to this Rule shall not be the pursuant to this Rule shall not
subject to appeal or certiorari be the subject to appeal
or certiorari. This means that
if there is later on judgment on
the case, then it will just be
assailed by appeal as it will
effectively be a judgment on
the merits.
Pleadings-in-intervention. The The old and new provisions
intervenor shall file a complaint- are the same except for the
in-intervention if he or amendment to address
she asserts a claim against either gender sensitivity.
or all of the original parties, or an
answer-in-intervention if he or
she unites with the defending
party in resisting a claim against
the latter.
Answer to Complaint-in- The old and new provisions
Intervention. The answer to the are the same except that the
complaint-in-intervention shall 15-day period was changed to
be filed within fifteen 15 calendar days.
(15) calendar days from notice of
the order admitting the same,
unless a different period is fixed
by the court.
143

Rule 21, Sec. 1 Subpoena and Subpoena Duces
Tecum. Subpoena is a process
directed to a person requiring him
to attend and to testify at the
hearing or the trial of an action, or
at any investigation conducted by
competent authority, or for the
taking of his deposition. It may
also require him to bring with him
any books, documents, or other
things under his control, in which
case it is called a subpoena duces
tecum.
By Whom Issued. The subpoena
may be issued by –
a) the court before whom the
witness is required to attend;
b) the court of the place where the
deposition is to be taken;
c) the officer or body authorized
by law to do so in connection with
investigations conducted by said
officer or body; or
d) any Justice of the Supreme
Court or of the Court of Appeals
in any case or investigation
pending within the Philippines.
Subpoena and Subpoena Duces The old and new provisions
Tecum. Subpoena is a process are the same except for the
directed to a person requiring amendment to address
him or her to attend and to testify gender sensitivity.
at the hearing or the trial of an
action, or at any investigation
conducted by competent
authority, or for the taking of
his or her deposition. It may also
require him or her to bring with
him or her any books,
documents, or other things
under his or her control, in
which case it is called a
subpoena duces tecum.
By Whom Issued. The subpoena The old and new provisions
may be issued by – are the same except for the
a) the court before whom the deletion of the word “of”
witness is required to attend; before the Court of Appeals in
b) the court of the place where paragraph d.
the deposition is to be taken;
c) the officer or body authorized
by law to do so in connection
with investigations conducted
by said officer or body; or
d) any Justice of the Supreme
Court or of the Court of Appeals
in any case or investigation
pending within the Philippines.
144


When application for a subpoena When application for a subpoena

to a prisoner is made, the judge or
officer shall examine and study
carefully such application to
determine whether the same is
made for a valid purpose.
to a prisoner is made, the judge
or officer shall examine and
study carefully such application
to determine whether the same is
made for a valid purpose.

No prisoner sentenced to No prisoner sentenced to

death, reclusion perpetua or life
imprisonment and who is
confined in any penal institution
shall be brought outside the penal
institution for appearance or
attendance in any court unless
authorized by the Supreme Court.
Rule 21, Sec. 6 Service. Service of a subpoena
shall be made in the same manner
as personal or substituted
service of summons. The original
shall be exhibited and a copy
thereof delivered to the person on
whom it is served, tendering to
him the fees for one day's
attendance and the kilometrage
allowed by these Rules, except
that, when a subpoena is issued
by or on behalf of the
Republic of the Philippines or an
officer or agency thereof, the
tender need not be made. The
death, reclusion perpetua or life
imprisonment and who is
confined in any penal
institution shall be brought
outside the penal institution for
appearance or attendance in
any court unless authorized by
the Supreme Court.
Service. Service of a subpoena
shall be made in the same
manner as personal or
substituted service of summons.
The original shall be exhibited
and a copy thereof delivered to
the person on whom it is served,
tendering to him the fees for one
day's attendance and the
kilometrage allowed by
these Rules, except that, when a
subpoena is issued by or on
behalf of the Republic of the
Philippines or an officer or
agency thereof, the tender need
The amended rule deleted the
provision on tendering to the
person subpoenaed the fees
for one day's attendance and
the kilometrage allowed by
these Rules, and the exception
thereto that when a subpoena
is issued by or on behalf of the
Republic of the Philippines or
an officer or agency thereof, in
which case the tender need
not be made. The amended
rule also deleted the provision
on the tender of reasonable
cost of producing the books,

145

service must be made so as to
allow the witness a reasonable
time for preparation and travel to
the place of attendance. If the
subpoena is duces tecum, the
reasonable cost of producing the
books, documents or things
demanded shall also be tendered.
Rule 21, Sec. 7 Personal Appearance in Court. A
person present in court before a
judicial officer may be required to
testify as if he were in attendance
upon a subpoena issued by
such court or officer.
not be made. The service must be
made so as to allow the witness a
reasonable time for preparation
and travel to the place of
attendance. If the
subpoena is duces tecum, the
reasonable cost of producing the
books, documents or things
demanded shall also be
tendered.
Costs for court attendance and
the production of documents
and other materials subject of
the subpoena shall be tendered
or charged accordingly.
|||
Personal Appearance in Court. A
person present in court before a
judicial officer may be required
to testify as if he or she were in
attendance upon a subpoena
issued by such court or officer.
146
documents or things
demanded in case the
subpoena is duces tecum.
In place of the foregoing
deleted provisions, the
amended rule provides that
the costs for court attendance
and production of documents
and other materials subject of
subpoena shall be tendered or
charged accordingly, which is
essentially the same as the
deleted provisions.
The old and new provisions
are the same except for the
amendment to address
gender sensitivity.

Rule 21, Sec. 8 Compelling Attendance. — In
case of failure of a witness to
attend, the court or judge issuing
the subpoena, upon proof of the
service thereof and of the
failure of the witness, may issue a
warrant to the sheriff of the
province, or his deputy, to arrest
the witness and bring him before
the court or officer where his
attendance is required, and the
cost of such warrant and
seizure of such witness shall be
paid by the witness if
the court issuing it shall
determine that his failure to
answer the subpoena was willful
and without just excuse.
Rule 21, Sec. 9 Contempt. Failure by any person
without adequate cause to obey a
subpoena served upon him shall
be deemed a her shall be deemed a contempt
contempt of the court from which
the subpoena is issued. If the
subpoena was not issued by
a court, the disobedience thereto
shall be punished in accordance
with the applicable law or Rule.
Compelling Attendance.— In case The old and new provisions
of failure of a witness to attend, are the same except for the
the court or judge issuing the amendment to address
subpoena, upon proof of the gender sensitivity.
service thereof and of the failure
of the witness, may issue a
warrant to the sheriff of the
province, or his or her deputy, to
arrest the witness and bring
him or her before the court or
officer where his or
her attendance is required, and
the cost of such warrant and
seizure of such witness shall be
paid by the witness if the court
issuing it shall determine that
his or her failure to answer the
subpoena was willful and
without just excuse.
Contempt. Failure by any person The old and new provisions
without adequate cause to obey a are the same except for the
subpoena served upon him or amendment to address
gender sensitivity.
of the court from which the
subpoena is issued. If the
subpoena was not issued by a
court, the disobedience thereto
shall be punished in accordance
with the applicable law or Rule.
147

Rule 21, Sec. 10 Exceptions. The
provisions of Sections 8 and
9 of this Rule shall not apply to a
witness who resides more than
one hundred (100) kilometers
from his residence to the place
where he is to testify by the
ordinary course of travel, or to a
detention prisoner if no
permission of the court in which
his case is pending was obtained.
Rule 23, Sec. 1 Depositions Pending Action, When
May Be Taken. By
leave of court after jurisdiction
has been obtained over any
defendant or over property which
is the subject of the action, or
without such leave after an
answer has been served, the
testimony of any person, whether
a party or not, may be taken, at the
instance of any party, by
Exceptions. The provisions of
Sections 8 and 9 of this Rule shall
not apply to a witness who
resides more than one hundred
(100) kilometers from his or
her residence to the place where
he or she is to testify by the
ordinary course of travel, or to a
detention prisoner
if no permission of the court in
which his or her case is pending
was obtained.
Depositions Pending Action, When
May be Taken. By
leave of court after jurisdiction
has been obtained over any
defendant or over property
which is the subject of the action,
or without such leave after an
answer has been served Upon ex
parte motion of a party, the
testimony of any person,
whether a party or not, may be
148
The old and new provisions
are the same except for the
amendment to address
gender sensitivity.
The amended rule deleted the
provision on taking
deposition with leave of court
after jurisdiction has been
obtained over any defendant
or over property which is the
subject of the action, or
without such leave after an
answer has been served, and
the same was just changed to
upon ex parte motion of a

deposition upon oral examination
or written interrogatories. The
attendance of witnesses may be
compelled by the use of a
subpoena as provided in Rule 21.
Depositions shall be taken only in
accordance with these Rules. The
deposition of a person confined in
prison may be taken only by
leave of court on such terms as
the court prescribes.
Rule 23, Sec. 4 Use of Depositions. At the trial or
upon the hearing of a motion or
an interlocutory proceeding, any
part or all of a deposition, so far as
admissible under
the rules of evidence, may be used
against any party who was
present or represented at the
taking of the deposition or who
had due notice thereof, in
accordance with any one of the
following provisions:
(a) Any deposition may be used (a) Any deposition may be used
by any party for the by any
purpose of contradicting or purpose of contradicting or
impeaching the
taken at the instance of any party. By stating that the
party, by deposition upon oral deposition may be had upon
examination or written ex party motion of a party,
interrogatories. The attendance then the provision “at the
of witnesses may be compelled instance of any party” should
by the use of a subpoena as necessarily be deleted, for
provided in Rule 21. Depositions being redundant.
shall be taken only in accordance
with these Rules. The deposition
of a person confined in prison
may be taken only by leave of
court on such terms as the court
prescribes
Use of Depositions. At the trial or The old and new provisions
upon the hearing of a motion or are the same except for the
an interlocutory proceeding, any amendment to address
part or all of a deposition, so far gender sensitivity and the
as admissible under word “the” was added before
the rules of evidence, may be deponent in paragraph (a).
used against any party who was
present or represented at the
taking of the deposition or who
had due notice thereof, in
accordance with any one of the
following provisions:
party for the
149

testimony of deponent as a impeaching the testimony of the
witness;
(b) The deposition of a party
or of any one who at the
time of taking the deposition was
an officer, director, or managing
agent of a public or private
corporation, partnership, or
association which is a party may
be used by an adverse party for
any purpose;
(c) The deposition of a witness,
whether or not a party, may be
used by any party for any purpose
if the court finds: (1) that the
witness is dead; or (2) that the
witness resides at a distance more
than one hundred (100)
kilometers from the place of trial
or hearing, or is out of the
Philippines, unless it appears that
his absence was procured by the
party offering the deposition; or
(3) that the witness is unable to
attend or testify because of age,
sickness, infirmity, or
imprisonment; or (4) that the
party offering the deposition has
been unable to procure the
attendance of the witness by
deponent as a witness;
(b) The deposition of a party
or of any one who at the
time of taking the deposition was
an officer, director, or managing
agent of a public or private
corporation, partnership, or
association which is a party may
be used by an adverse party for
any purpose;
(c) The deposition of a witness,
whether or not a party, may be
used by any party for any
purpose if the court finds: (1) that
the witness is dead; or (2) that the
witness resides at a distance
more than one hundred (100)
kilometers from the place of trial
or hearing, or is out of the
Philippines, unless it appears
that his or her absence was
procured by the party offering
the deposition; or (3) that the
witness is unable to attend or
testify because of age, sickness,
infirmity, or imprisonment; or
(4) that the party offering the
deposition has been unable to
procure the attendance of the
150

subpoena; or (5) upon application
and notice, that such exceptional
circumstances exist as to make it
desirable, in the interest of justice
and with due regard to the
importance of presenting the
testimony of witnesses orally in
open court, to allow the
deposition to be used; and
(d) If only part of a deposition is
offered in evidence by a party, the
adverse party may require him to
introduce all of it which is
relevant to the part introduced,
and any party may introduce any
other parts
Rule 23, Sec. 6 Objections to Admissibility. Subject
to the provisions of Section
29 of this Rule, objection may be
made at the trial or hearing to
receiving in evidence any
deposition or part thereof for any
reason which would require the
exclusion of the evidence if the
witness were then present and
testifying.
witness by subpoena; or (5) upon
application and notice, that such
exceptional circumstances exist
as to make it desirable, in the
interest of justice and with due
regard to the
importance of presenting the
testimony of witnesses orally in
open court, to allow the
deposition to be used; and
(d) If only part of a deposition is
offered in evidence by a party,
the adverse party may require
him or her to introduce all of it
which is relevant to the part
introduced, and any party may
introduce any other parts
Objections to Admissibility. The old and new provisions
Subject to the provisions of are the same except the
Section 29 of this Rule, singular term “objection” was
objections may be made at the changed to its plural term of
trial or hearing to receiving in “objections”.
evidence any deposition or part
thereof for any reason which
would require the exclusion of
the evidence if the witness were
then present and testifying.
151

Rule 23, Sec. 7 Effect of Taking Depositions. A
party shall not be deemed to make
a person his own witness for any
purpose by taking his deposition.
Rule 23, Sec. 9 Rebutting Deposition. At the trial
or hearing, any party may rebut
any relevant evidence contained
in a deposition whether
introduced by him or by any other
party.
Rule 23, Sec. 15 Deposition Upon Oral
Examination; Notice; Time and
Place. A party desiring to take the
deposition of any person upon
oral examination shall give
reasonable notice in writing to
every other party to the action.
The notice shall state the time and
place for taking the deposition
and the name and address of each
person to be examined, if known,
and if the name is not known, a
general description sufficient to
identify him or the particular class
Effect of Taking Depositions. A The old and new provisions
party shall not be deemed to are the same except for the
make a person his or her own amendment to address
witness for any purpose by gender sensitivity.
taking his or her deposition
Rebutting Deposition. At the trial The old and new provisions
or hearing, any party may rebut are the same except for the
any relevant evidence contained amendment to address
in a deposition whether gender sensitivity.
introduced by him or her or by
any other party.
Deposition upon Oral Examination; The old and new provisions
Notice; Time and Place. A party are the same except for the
desiring to take the deposition of amendment to address
any person upon oral gender sensitivity.
examination shall give
reasonable notice in writing to
every other party to the action.
The notice shall state the time
and place for taking the
deposition and the name and
address of each person to be
examined, if known, and if the
name is not known, a general
description sufficient to identify
152

or group to which he belongs. On
motion of any party upon whom
the notice is served, the court may
for cause shown enlarge or
shorten the time.
Rule 23, Sec. 16 Orders for the Protection of Parties
and Deponents. After notice is
served for taking a deposition by
oral examination, upon motion
seasonably made by any party or
by the person to be examined and
for good cause shown, the court in
which the action is pending may
make an order that the deposition
shall not be taken, or that it may
be taken only at some designated
place other than that stated in the
notice, or that it may be taken only
on written interrogatories, or that
certain matters shall not be
inquired into, or that the
scope of the examination shall be
held with no one present except
the parties to the action and their
officers or counsel, or that after
being sealed the deposition shall
be opened only by
order of the court, or that secret
him or her or the particular class
or group to which he or
she belongs. On motion of any
party upon whom the notice is
served, the court may for cause
shown enlarge or shorten the
time.
Orders for the Protection of Parties The old and new provisions
and Deponents. After notice is are the same. The new
served for taking a deposition by provision only reformatted
oral examination, upon motion the old provision.
seasonably made by any party or
by the person to be examined
and for good cause shown, the
court in which the action is
pending may make the
following orders:
(a) That the deposition shall not
be taken;
(b) That the deposition may be
taken only at some designated
place other than that stated in the
notice;
(c) That the deposition may be
taken only on written
interrogatories;
(d) That certain matters shall not
be inquired into;
(e) That the scope of the
examination shall be held
153

processes, developments, or
research need not be disclosed, or
that the parties shall
simultaneously file specified
documents or information
enclosed in sealed envelopes to be
opened as directed by the court;
or the court may make any other
order which justice requires to
protect the party or witness from
annoyance, embarrassment, or
oppression.
Rule 23, Sec. 17 Record of
examination, oath; objections. The
officer before whom the
deposition is to be taken shall put
the witness on oath and shall
personally, or by someone acting
under his direction and in his
presence, record the testimony of
the witness. The testimony shall
be taken stenographically unless
the parties agree otherwise. All
objections made at the time of the
with no one present except the
parties to the action and their
officers or counsel;
(f) That after being sealed the
deposition shall be opened only
by order of the court;
(g) That secret processes,
developments, or research need
not be disclosed; or
(h) That the parties shall
simultaneously file specified
documents or information
enclosed in sealed envelopes to
be opened as directed by the
court.
The court may make any other
order which justice requires to
protect the party or witness from
annoyance, embarrassment, or
oppression.
Record of Examination; Oath; The old and new provisions
Objections. The officer before are the same except for the
whom the deposition is to be amendment to address
taken shall put the witness on gender sensitivity.
oath and shall personally, or by
someone acting under his or
her direction and in his or
her presence, record the
testimony of the witness. The
testimony shall be taken
stenographically unless the
parties agree otherwise. All
154

examination to the qualifications
of the officer taking the
deposition, or to the manner of
talking it, or to the evidence
presented, or to the conduct of
any party, and any other objection
to the proceedings, shall be noted
by the officer upon the deposition.
Evidence objected to shall be
taken subject to the objections. In
lieu of participating in the oral
examination, parties served with
notice of taking a deposition may
transmit written interrogatories to
the officers, who shall propound
them to the witness and record
the answers verbatim.
Rule 23, Sec. 19 Submission to
Witness; Changes; Signing. When
the testimony is fully transcribed,
the deposition shall be submitted
to the witness for examination
and shall be read to or by him,
unless such examination and
reading are waived by the witness
and by the parties. Any changes in
form or substance which the
witness desires to make shall be
entered upon the deposition by
objections made at the time of the
examination to the qualifications
of the officer taking the
deposition, or to the manner of
taking it, or to the evidence
presented, or to the conduct of
any party, and any other
objection to the proceedings,
shall be noted by the officer upon
the deposition. Evidence
objected to shall be taken subject
to the objections. In lieu of
participating in the oral
examination, parties served with
notice of taking a deposition may
transmit written interrogatories
to the officers, who shall
propound them to the witness
and record the
answers verbatim.
Submission to Witness; Changes; The old and new provisions
Signing. When the testimony is are the same except for the
fully transcribed, the deposition amendment to address
shall be submitted to the witness gender sensitivity.
for examination and shall be read
to or by him or her, unless such
examination and reading are
waived by the witness and by the
parties. Any changes in form or
substance which the witness
desires to make shall be entered
upon the deposition by the
155

the officer with a statement of the
reasons given by the witness for
making them. The deposition
shall then be signed by the
witness, unless the parties by
stipulation waive the signing or
the witness is ill or cannot be
found or refuses to sign. If the
deposition is not signed by the
witness, the officer shall sign it
and state on the record the
fact of the waiver or of the illness
or absence of the witness or the
fact of the refusal to sign together
with the reason given therefor, if
any, and the deposition may then
be used as fully as though signed,
unless on a motion to suppress
under Section 29 (f) of this Rule,
the court holds that the reasons
given for the refusal to sign
require rejection of the deposition
in whole or in part
officer with a statement of the
reasons given by the witness for
making them. The deposition
shall then be signed by the
witness, unless the parties by
stipulation waive the signing or
the witness is ill or cannot be
found or refuses to sign. If the
deposition is not signed by the
witness, the officer shall sign it
and state on the record the fact of
the waiver or of the illness or
absence of the witness or the fact
of the refusal to sign together
with the reason given therefor, if
any, and the deposition may then
be used as fully as though
signed, unless on a motion to
suppress under Section 29 (f) of
this Rule, the court holds that the
reasons given for the refusal to
sign require rejection of the
deposition in whole or in part
156

Rule 23, Sec. 20 Certification and Filing by Officer.
The officer shall certify on the
deposition that the witness was
duly sworn to by him and that the
deposition is a true record of the
testimony given by the witness.
He shall then securely seal the
deposition in an envelope
indorsed with the title of the
action and marked
"Deposition of (here insert the
name of witness)" and shall
promptly file it with the court in
which the action is pending or
send it by registered mail to the
clerk thereof for filing
Rule 23, Sec. 23 Failure to Attend of Party Giving
Notice. If the party giving the
notice of the taking of a deposition
fails to attend and proceed
therewith and another attends in
person or by counsel pursuant to
the notice, the court may order the
party giving the notice to pay
such other party the
amount of the reasonable
expenses incurred by him and his
counsel in so attending, including
reasonable attorney's fees.
Certification and Filing by Officer. The old and new provisions
The officer shall certify on the are the same except for the
deposition that the witness was amendment to address
duly sworn to by him or her and gender sensitivity.
that the deposition is a true
record of the testimony given by
the witness. He or she shall then
securely seal the deposition in an
envelope indorsed with the title
of the action and marked
"Deposition of (here insert the
name of witness)" and shall
promptly file it with the court in
which the action is pending or
send it by registered mail to the
clerk thereof for filing.
Failure to Attend of Party Giving The old and new provisions
Notice. If the party giving the are the same except for the
notice of the taking of a amendment to address
deposition fails to attend and gender sensitivity.
proceed therewith and another
attends in person or by counsel
pursuant to the notice, the court
may order the party giving the
notice to pay such other party the
amount of the reasonable
expenses incurred by him or
her and his or her counsel in so
attending, including reasonable
attorney's fees.
157

Rule 23, Sec. 24 Failure of Party Giving Notice to
Serve Subpoena. If the party giving
the notice of the taking of a
deposition of a witness fails to
serve a subpoena upon him and
the witness because of such
failure does not attend, and if
another party attends in person or
by counsel because he expects the
deposition of that witness to be
taken, the court may order the
party giving the notice to pay
such other party the
amount of the reasonable
expenses incurred by him and his
counsel in so attending, including
reasonable attorney's fees.
Rule 23, Sec. 25 Deposition Upon Written
Interrogatories; Service of Notice
and of Interrogatories. A party
desiring to take the
deposition of any person upon
written interrogatories shall serve
them upon every other party with
a notice stating the name and
address of the person who is to
answer them and the name or
descriptive title and
address of the officer before
whom the deposition is to be
Failure of Party Giving Notice to The old and new provisions
Serve Subpoena. If the party are the same except for the
giving the notice of the taking of amendment to address
a deposition of a witness fails to gender sensitivity.
serve a subpoena upon him or
her and the witness because of
such failure does not attend, and
if another party attends in person
or by counsel because he or
she expects the deposition of that
witness to be taken, the court
may order the party giving the
notice to pay such other party the
amount of the reasonable
expenses incurred by him or
her and his or her counsel in so
attending, including reasonable
attorney's fees.
Deposition upon Written The old and new provisions
Interrogatories; Service of Notice are the same except that all the
and of Interrogatories. A party periods stated therein were
desiring to take the deposition of changed from days to
any person upon written calendar days.
interrogatories shall serve them
upon every other party with a
notice stating the name and
address of the person who is to
answer them and the name or
descriptive title and address of
the officer before whom the
deposition is to be taken. Within
158

taken. Within ten (10) days
thereafter, a party so served may
serve cross-interrogatories upon
the party proposing to take the
deposition. Within five (5) days
thereafter the latter may serve re-
direct interrogatories upon a
party who has served cross-
interrogatories. Within three (3)
days after being served with re-
direct interrogatories, a party may
serve recross-interrogatories
upon the party proposing to take
the deposition.
Rule 23, Sec. 26 Officers to Take Responses and
Prepare Record. A copy of the
notice and copies of all
interrogatories served shall be
delivered by the party taking the
deposition to the officer
designated in the notice, who
shall proceed promptly, in the
manner provided by Sections 17,
19 and 20 of this Rule, to take the
testimony of the witness in
response to the interrogatories
and to prepare, certify, and file or
mail the deposition, attaching
thereto the copy of the notice and
ten (10) calendar days thereafter,
a party so served may serve
cross-interrogatories upon the
party proposing to take the
deposition. Within five
(5) calendar days thereafter the
latter may serve re-direct
interrogatories upon a party who
has served cross-interrogatories.
Within three (3) calendar days
after being served with re-direct
interrogatories, a party may
serve recross-interrogatories
upon the party proposing to take
the deposition.
Officers to Take Responses and The old and new provisions
Prepare Record. A copy of the are the same except for the
notice and copies of all amendment to address
interrogatories served shall be gender sensitivity.
delivered by the party taking the
deposition to the officer
designated in the notice, who
shall proceed promptly, in the
manner provided by Sections 17,
19 and 20 of this Rule, to take the
testimony of the witness in
response to the interrogatories
and to prepare, certify, and file or
mail the deposition, attaching
thereto the copy of the notice and
159


the interrogatories received by the interrogatories received by

him. him or her.

Rule 23, Sec. 29 Effect of errors and irregularities in Effect of errors and irregularities The old and new provisions
depositions. in depositions. are the same except that in
x x x x x x paragraph (e) the 3-day
(e) As to form of written (e) As to form of written period was changed to 3
interrogatories. Objections to the interrogatories. Objections to the calendar days.
form of written interrogatories form of written interrogatories
submitted under Sections 25 and submitted under Sections 25 and
26 of this Rule are waived unless 26 of this Rule are waived unless
served in writing upon the party served in writing upon the party
propounding them within the propounding them within the
time allowed for serving time allowed for serving
succeeding cross or other succeeding cross or other
interrogatories and within three interrogatories and within three
(3) days after service of the last (3) calendar days after service of
interrogatories authorized the last interrogatories
x x x authorized
x x x

160

Rule 24, Sec. 1 Depositions before Action; Petition.
A person who desires to
perpetuate his own testimony or
that of another person regarding
any matter that may be cognizable
in any court of the Philippines,
may file a verified petition in
the court of the place of the
residence of any expected adverse
party.
Rule 24, Sec. 2 Contents of Petition. The petition
shall be entitled in the name of the
petitioner and shall show: (a) that
the petitioner expects to be a party
to an action in a court of the
Philippines but is presently
unable to bring it or cause it to be
brought; (b) the subject
matter of the expected action and
his interest therein; (c) the facts
which he desires to establish by
the proposed testimony and his
reasons for desiring to perpetuate
it; (d) the names or a
description of the persons he
expects will be adverse parties
and their addresses so far as
known; and (e) the names and
addresses of the persons to be
examined and the
substance of the testimony which
Depositions before Action; Petition. The old and new provisions
A person who desires to are the same except for the
perpetuate his or her own amendment to address
testimony or that of another gender sensitivity.
person regarding any matter that
may be cognizable in any court
of the Philippines, may file a
verified petition in the court of
the place of the residence of any
expected adverse party.
Contents of Petition. The petition The old and new provisions
shall be entitled in the name of are the same except for the
the petitioner and shall show: (a) amendment to address
that the petitioner expects to be a gender sensitivity.
party to an action in a court of the
Philippines but is presently
unable to bring it or cause it to be
brought; (b) the subject matter of
the expected action and his or
her interest therein; (c) the facts
which he or she desires to
establish by the proposed
testimony and his or her reasons
for desiring to perpetuate it; (d)
the names or a description of the
persons he or she expects will be
adverse parties and their
addresses so far as known; and
(e) the names and addresses of
the persons to be examined and
the substance of the testimony
161

he expects to elicit from each, and
shall ask for an order authorizing
the petitioner to take the
depositions of the persons to be
examined named in the petition
for the purpose of perpetuating
their testimony.
Rule 24, Sec. 3 Notice and Service. The petitioner
shall serve a notice upon each
person named in the petition as an
expected adverse party, together
with a copy of the petition, stating
that the petitioner will apply to
the court, at a time and place
named therein, for the order
described in the petition. At least
twenty (20) days before the
date of the hearing, the court shall
cause notice thereof to be served
on the parties and prospective
deponents in the manner
provided for service of summons.
which he or she expects to elicit
from each, and shall ask for an
order authorizing the petitioner
to take the depositions of the
persons to be examined named
in the petition for the purpose of
perpetuating their testimony.
Notice and Service. The petitioner The old and new provisions
shall serve a notice upon each are the same except that the
person named in the petition as 20-day period was changed to
an expected adverse party, 20 calendar days.
together with a copy of the
petition, stating that the
petitioner will apply to the court,
at a time and place named
therein, for the order described
in the petition. At least twenty
(20) calendar days before the
date of the hearing, the court
shall cause notice thereof to be
served on the parties and
prospective deponents in the
manner provided for service of
summons.
162

Rule 24, Sec. 7 Depositions pending appeal. If an
appeal has been taken from a
judgment of a court, including
the Court of Appeals in proper
cases, or before the taking of an
appeal if the time therefor has not
expired, the court in which the
judgment was rendered may
allow the
taking of depositions of witnesses
to perpetuate their testimony for
use in the event of further
proceedings in the said court. In
such case the party who desires to
perpetuate the testimony may
make a motion in the
said court for leave to take the
depositions, upon the same notice
and service thereof as if the action
was pending therein. The motion
shall state (a) the names and
addresses of the persons to be
examined and the
substance of the testimony which
he expects to elicit from each; and
(b) the reason for perpetuating
their testimony. If the court finds
that the perpetuation of the
testimony is proper to avoid a
failure or delay of justice, it may
make an order allowing the
depositions to be taken, and
Depositions Pending Appeal. If an The old and new provisions
appeal has been taken from a are the same except for the
judgment of a court, including amendment to address
the Court of Appeals in proper gender sensitivity.
cases, or before the taking of an
appeal if the time therefor has
not expired, the court in which
the judgment was rendered may
allow the taking of depositions of
witnesses to perpetuate their
testimony for use in the event of
further proceedings in the said
court. In such case the party who
desires to perpetuate the
testimony may make a motion in
the said court for leave to take
the depositions, upon the same
notice and service thereof as if
the action was pending therein.
The motion shall state (a) the
names and addresses of the
persons to be examined and the
substance of the testimony which
he or she expects to elicit from
each; and (b) the reason for
perpetuating their testimony. If
the court finds that the
perpetuation of the testimony is
proper to avoid a failure or delay
of justice, it may make an order
allowing the depositions to be
taken, and thereupon the
163

thereupon the depositions may be
taken and used in the same
manner and under the same
conditions as are prescribed in
these Rules for depositions taken
in pending actions.
Rule 25, Sec. 1 Interrogatories to Parties; Service
Thereof. — Under the same
conditions specified in Section
1 of Rule 23, any party desiring to
elicit material and relevant facts
from any adverse parties shall file
and serve upon the latter written
interrogatories to be answered by
the party served or, if the party
served is a public or private
corporation or a partnership or
association, by any officer thereof
competent to testify in its behalf.
Rule 25, Sec. 2 Answer to Interrogatories. The
interrogatories shall be answered
fully in writing and shall be
signed and sworn to by the person
making them. The party upon
whom the interrogatories have
been served shall file and serve a
copy of the answers on the party
submitting the interrogatories
depositions may be taken and
used in the same manner and
under the same conditions as are
prescribed in these Rules for
depositions taken in pending
actions.
Interrogatories to Parties; Service
Thereof.— Under the same
conditions specified in Section
1 of Rule 23, Upon ex
parte motion, any party desiring
to elicit material and relevant
facts from any adverse parties
shall file and serve upon the
latter written interrogatories to
be answered by the party served
or, if the party served is a public
or private corporation or a
partnership or association, by
any officer thereof competent to
testify in its behalf.
Answer to Interrogatories. The
interrogatories shall be
answered fully in writing and
shall be signed and sworn to by
the person making them. The
party upon whom the
interrogatories have been served
shall file and serve a copy of the
answers on the party submitting
164
The old Section 1, Rule 25
referred to Section 1, Rule 23.
With the amendment of
Section 1, Rule 23, which
deleted the provision on
taking deposition with leave
of court after jurisdiction has
been obtained over any
defendant or over property
which is the subject of the
action, or without such leave
after an answer has been
served, written
interrogatories may now be
availed of upon ex parte
motion of any party.
The old and new provisions
are the same except the 15-day
period was changed to 15
calendar days.

within fifteen (15) days after
service thereof, unless the court,
on motion and for good cause
shown, extends or shortens the
time.
Rule 25, Sec. 3 Objections to Interrogatories.
Objections to any interrogatories
may be presented to
the court within ten (10) days after
service thereof, with notice as in
case of a motion; and answers
shall be deferred until the
objections are resolved, which
shall be at as early a time as is
practicable.
Rule 26, Sec. 2 Implied Admission. Each of the
matters of which an admission is
requested shall be deemed
admitted unless, within a period
designated in the request, which
shall not be less than fifteen (15)
days after service thereof, or
within such further time as
the court may allow on motion,
the party to whom the request is
directed files and serves upon the
party requesting the admission a
sworn statement either denying
the interrogatories within fifteen
(15) calendar days after service
thereof, unless the court, on
motion and for good cause
shown, extends or shortens the
time.
Objections to Interrogatories. The old and new provisions
Objections to any interrogatories are the same except the 10-day
may be presented to the court period was changed to 10
within ten (10) calendar days calendar days.
after service thereof, with notice
as in case of a motion; and
answers shall be deferred until
the objections are resolved,
which shall be at as early a time
as is practicable.
Implied Admission. Each of the The old and new provisions
matters of which an admission is are the same except for the
requested shall be deemed amendment to address
admitted unless, within a period gender sensitivity and the 15-
designated in the request, which day period was changed to 15
shall not be less than fifteen calendar days.
(15) calendar days after service
thereof, or within such further
time as the court may allow on
motion, the party to whom the
request is directed files and
serves upon the party requesting
the admission a sworn statement
165

specifically the matters of which
an admission is requested or
setting forth in detail the reasons
why he cannot truthfully either
admit or deny those matters.
Objections to any request for
admission shall be submitted to
the court by the party requested
within the period for and prior to
the filing of his sworn statement
as contemplated in the preceding
paragraph and his compliance
therewith shall be deferred until
such objections are resolved,
which resolution shall be made as
early as practicable.
Rule 26, Sec. 3 Effect of Admission. Any admission
made by a party pursuant to such
request is for the purpose of the
pending action only and shall not
constitute an admission by him
for any other purpose nor may the
same be used against him in any
other proceeding.
either denying specifically the
matters of which an admission is
requested or setting forth in
detail the reasons why he or
she cannot truthfully either
admit or deny those matters.
Objections to any request for
admission shall be submitted to
the court by the party requested
within the period for and prior to
the filing of his or her sworn
statement as contemplated in the
preceding paragraph and his or
her compliance therewith shall
be deferred until such objections
are resolved, which resolution
shall be made as early as
practicable.
Effect of Admission. Any The old and new provisions
admission made by a party are the same except for the
pursuant to such request is for amendment to address
the purpose of the pending gender sensitivity.
action only and shall not
constitute an admission by
him or her for any other purpose
nor may the same be used
against him or her in any other
proceeding.
166

Rule 27, Sec. 1 Motion for Production or
Inspection; Order. Upon
motion of any party showing
good cause therefor, the court in
which an action is pending may
(a) order any party to produce
and permit the inspection and
copying or photographing, by or
on behalf of the moving
party, of any designated
documents, papers, books,
accounts, letters, photographs,
objects or tangible things, not
privileged, which constitute or
contain evidence material to any
matter involved in the action and
which are in his possession,
custody or control; or (b) order
any party to permit entry upon
designated land or other property
in his possession or control for the
purpose of inspecting, measuring,
surveying, or photographing the
property or any designated
relevant object or operation
thereon. The order shall specify
the time, place and
manner of making the inspection
and taking copies and
photographs, and may prescribe
such terms and conditions as are
just.
Motion for Production or The old and new provisions
Inspection; Order. Upon motion of are the same except for the
any party showing good cause amendment to address
therefor, the court in which an gender sensitivity.
action is pending may (a) order
any party to produce and permit
the inspection and copying or
photographing, by or on behalf
of the moving party, of any
designated documents, papers,
books, accounts, letters,
photographs, objects or tangible
things, not privileged, which
constitute or contain evidence
material to any matter involved
in the action and which are in
his or her possession, custody or
control; or (b) order any party to
permit entry upon designated
land or other property in his or
her possession or control for the
purpose of inspecting,
measuring, surveying, or
photographing the property or
any designated relevant object or
operation thereon. The order
shall specify the time, place and
manner of making the inspection
and taking copies and
photographs, and may prescribe
such terms and conditions as are
just.
167

Rule 28, Sec. 1 When Examination May Be Ordered.
In an action in which the mental
or physical condition of a party is
in controversy, the court in which
the action is pending may in its
discretion order him to submit to
a physical or mental examination
by a physician.
Rule 28, Sec. 3 Report of Findings. If requested by
the party examined, the party
causing the examination to be
made shall deliver to him a
copy of a detailed written
report of the examining physician
setting out his findings and
conclusions. After such request
and delivery, the party causing
the examination to be made shall
be entitled upon request to
receive from the party examined a
like report of any examination,
previously or thereafter
made, of the same mental or
physical condition. If the party
examined refuses to deliver such
report, the court on motion and
notice may make an order
requiring delivery on such terms
as are just, and if a physician fails
or refuses to make such a report
When Examination May be The old and new provisions
Ordered. In an action in which the are the same except for the
mental or physical condition of a amendment to address
party is in controversy, the court gender sensitivity.
in which the action is pending
may in its discretion order him or
her to submit to a physical or
mental examination by a
physician.
Report of Findings. If requested by The old and new provisions
the party examined, the party are the same except for the
causing the examination to be amendment to address
made shall deliver to him or gender sensitivity.
her a copy of a detailed written
report of the examining
physician setting out his or
her findings and conclusions.
After such request and delivery,
the party causing the
examination to be made shall be
entitled upon request to receive
from the party examined a like
report of any examination,
previously or thereafter made, of
the same mental or physical
condition. If the party examined
refuses to deliver such report, the
court on motion and notice may
make an order requiring delivery
on such terms as are just, and if a
physician fails or refuses to make
168

the court may exclude his such a report, the court may
testimony if offered at the trial. exclude his or her testimony if
offered at the trial.
Rule 28, Sec. 4 Waiver of Privilege. By requesting
and obtaining a report of the
examination so ordered or by
taking the deposition of the
examiner, the party examined
waives any privilege he may have
in that action or any other
involving the same controversy,
regarding the testimony of every
other person who has examined
or may thereafter examine him in
respect of the same mental or
physical examination.
Rule 29, Sec. 3 Other Consequences. If any party or
an officer or managing agent of a
party refuses to obey an order
made under Section 1 of this Rule
requiring him to answer
designated questions, or an order
under Rule 27 to produce any
document or other thing for
inspection, copying, or
photographing or to permit it to
be done, or to permit entry upon
land or other property, or an
Waiver of Privilege. By requesting The old and new provisions
and obtaining a report of the are the same except for the
examination so ordered or by amendment to address
taking the deposition of the gender sensitivity.
examiner, the party examined
waives any privilege he or
she may have in that action or
any other involving the same
controversy, regarding the
testimony of every other person
who has examined or may
thereafter examine him or her in
respect of the same mental or
physical examination.
Other Consequences. If any party The old and new provisions
or an officer or managing agent are the same except for the
of a party refuses to obey an amendment to address
order made under Section 1 of gender sensitivity.
this Rule requiring him or her to
answer designated questions, or
an order under Rule 27 to
produce any document or other
thing for inspection, copying, or
photographing or to permit it to
be done, or to permit entry upon
land or other property, or an
169

order made under Rule 28
requiring him to submit to a
physical or mental examination,
the court may make such orders
in regard to the refusal as are just,
and among others the following:
x x x
(b) An order refusing to allow the
disobedient party to support or
oppose designated claims or
defenses or prohibiting him from
introducing in evidence
designated documents or things
or items of testimony, or from
introducing evidence of physical
or mental condition;
x x x
Rule 29, Sec. 4 Expenses on Refusal to Admit. If a
party after being served with a
request under Rule 26 to admit
the genuineness of any document
or the truth of any matter of fact,
serves a sworn denial thereof and
if the party requesting the
admissions thereafter proves the
genuineness of such document or
the truth of any such
matter of fact, he may apply to
the court for an order requiring
the other party to pay him the
order made under Rule 28
requiring him or her to submit to
a physical or mental
examination, the court may
make such orders in regard to
the refusal as are just, and among
others the following:
x x x
(b) An order refusing to allow
the disobedient party to support
or oppose designated claims or
defenses or prohibiting him or
her from introducing in evidence
designated documents or things
or items of testimony, or from
introducing evidence of physical
or mental condition;
x x x
Expenses on Refusal to Admit. If a The old and new provisions
party after being served with a are the same except for the
request under Rule 26 to admit amendment to address
the genuineness of any gender sensitivity.
document or the truth of any
matter of fact, serves a sworn
denial thereof and if the party
requesting the admissions
thereafter proves the
genuineness of such document
or the truth of any such matter of
fact, he or she may apply to the
court for an order requiring the
170

reasonable expenses incurred in
making such proof, including
attorney's fees. Unless
the court finds that there were
good reasons for the denial or that
admissions sought were of no
substantial importance, such
order shall be issued
Rule 29, Sec. 5 Failure of Party to Attend or Serve
Answers. If a party or an officer or
managing agent of a party
wilfully fails to appear before the
officer who is to take his
deposition, after being served
with a proper notice, or fails to
serve answers to interrogatories
submitted under Rule 25 after
proper service of such
interrogatories, the court on
motion and notice, may strike out
all or any part of any
pleading of that party, or dismiss
the action or proceeding or any
part thereof, or enter a judgment
by default against that party, and
in its discretion, order him to pay
reasonable expenses incurred by
the other, including attorney's
fees.
other party to pay him or her the
reasonable expenses incurred in
making such proof, including
reasonable attorney's fees.
Unless the court finds that there
were good reasons for the denial
or that admissions sought were
of no substantial importance,
such order shall be issued
Failure of Party to Attend or Serve The old and new provisions
Answers. If a party or an officer or are the same except for the
managing agent of a party amendment to address
wilfully fails to appear before the gender sensitivity.
officer who is to take his or
her deposition, after being
served with a proper notice, or
fails to serve answers to
interrogatories submitted under
Rule 25 after proper service of
such interrogatories, the court on
motion and notice, may strike
out all or any part of any
pleading of that party, or dismiss
the action or proceeding or any
part thereof, or enter a judgment
by default against that party, and
in its discretion, order him or
her to pay reasonable expenses
incurred by the other, including
attorney's fees.
171

Rule 30, Sec. 1 Notice of Trial. Upon entry of a
case in the trial calendar, the clerk
shall notify the parties of the
date of its trial in such manner as
shall ensure his receipt of that
notice at least five (5) days before
such date.
Schedule of Trial. The parties
shall strictly observe the
scheduled hearings as agreed
upon and set forth in the pre-
trial order.
(a) The schedule of the trial
dates, for both plaintiff and
defendant, shall be
continuous and within the
following periods:
i. The initial presentation of
plaintiff's evidence shall be
set not later than thirty (30)
calendar days after the
termination of the pre-trial
conference. Plaintiff shall be
allowed to present its
evidence within a period of
three (3) months or ninety (90)
calendar days which shall
include the date of the judicial
dispute resolution, if
necessary;
ii. The initial presentation of
defendant's evidence shall be
set not later than thirty (30)
calendar days after the court's
ruling on plaintiff's formal
offer of evidence. The
defendant shall be allowed to
present its evidence within a
172
Section 1 on Notice of trial
was changed to Schedule of
Trial. This provision, as
amended, should be read in
relation to Section 7, Rule 18,
which provides that the pre-
trial order shall contain the
case flowchart, or the different
stages of the proceedings up
to the promulgation as well as
the specific dates for
continuous trial which shall
be within the period provided
by the rules, specifically,
Section 1 of Rule 30.
The schedule in the pre-trial
order operates as notice, and
hence, the deletion of the old
Section 1 on Notice of Trial.
The trial shall be continuous,
similar to the rules on
continuous trial for criminal
cases.
The schedule must be
followed and even if there will
be postponements for
exceptional causes, the
schedule will still be followed
and the period to present will


period of three (3) months or not be adjusted or extended in

ninety (90) calendar days; favor of the party who sought
iii. The period for the postponement, as provided
presentation of evidence on under Section 2(f) of Rule 15.
the third (fourth, etc.)-party
claim, counterclaim or cross-
claim shall be determined by
the court, the total of which
shall in no case exceed ninety
(90) calendar days; and
iv. If deemed necessary, the
court shall set the presentation
of the parties' respective
rebuttal evidence, which shall
be completed within a period
of thirty (30) calendar days.
(b) The trial dates may be
shortened depending on
the number of witnesses to be
presented, provided that the
presentation of evidence of all
parties shall be terminated
within a period of ten (10)
months or three hundred (300)
calendar days. If there
are no third (fourth, etc.)-party
claim, counterclaim or cross-
claim, the presentation of
evidence shall be terminated
within a period of six (6)
months or one hundred eighty
(180) calendar days.

173


(c) The court shall decide and

serve copies of its decision to
the parties within a period not
exceeding ninety (90) calendar
days from the submission of the
case for resolution, with or
without memoranda

Rule 30, Sec. 2 Adjournments and Postponements.
A court may adjourn a trial from
day to day, and to any stated time,
as the expeditious and convenient
transaction of business may
require, but shall have no power
to adjourn a trial for a longer
period than one month for each
adjournment, nor more than three
months in all, except when
authorized in writing by
the Court Administrator,
Supreme Court.
Adjournments and Postponements.
A court may adjourn a trial from
day to day, and to any stated
time, as the expeditious and
convenient transaction of
business may require, but shall
have no power to adjourn a trial
for a longer period than one
month for each adjournment, nor
more than three months in all,
except when authorized in
writing by the Court
Administrator, Supreme Court.
The party who caused the
postponement is warned that
the presentation of its evidence
must still be terminated on the
remaining dates previously
agreed upon.
The first paragraphs and the
old and new provisions are
the same. The new provision
added a second paragraph,
which should be read in
relation to Section 1, Rule 30
and Section 2(f) of Rule 15, in
that despite the resetting or
postponement, the
presentation of its evidence
must still be terminated on the
remaining dates previously
agreed upon. There will be no
extension.

174

Rule 30, Sec. 3 The old Section 3 on motion to
postpone for absence of evidence
was deleted. The new Section 3
may be compared with the old
Section 4, which deal with the
same subject of requisites of
motion to postpone trial for illness
of party or counsel:
Requisites of Motion to Postpone
Trial for Illness of Party or Counsel.
—A motion to postpone a trial on
the ground of illness of a party or
counsel may be granted if it
appears upon affidavit or sworn
certification that the
presence of such party or counsel
at the trial is indispensable and
that the character of his illness is
such as to render his non-
attendance excusable.
The old Section 3 provides:
Requisites of Motion to Postpone
Trial for Absence of Evidence. A
motion to postpone a trial on the
ground of absence of evidence can
be granted only upon affidavit
showing the materiality or
relevancy of such evidence, and
that due diligence has been used
Requisites of Motion to Postpone
Trial for Illness of Party or Counsel.
A motion to postpone a trial on
the ground of illness of a party or
counsel may be granted if it
appears upon affidavit or sworn
certification that the presence of
such party or counsel at the trial
is indispensable and that the
character of his or her illness is
such as to render his or her non-
attendance excusable.
175
The old Section 3 was deleted
and replaced with motion to
postpone on basis of illness of
party or counsel, which fell
under Section 4 of the old rule.
The old Section 3 was deleted
because absence of evidence
cannot anymore be used as
basis for postponement. As
provided under Section 12 of
Rule 15, postponement may
only be allowed due to acts of
God, force majeure or
physical inability of the
witness to appear and testify.
Additionally, Section 3, Rule
30, as amended allows also for
a postponement due to illness
of a party or counsel if their
presence is indispensable and
that the character of illness is
such as to render the non-
attendance excusable.

to procure it. But if the adverse
party admits the facts to be given
in evidence, even if he objects or
reserves the right to their
admissibility, the trial shall not be
postponed.
Rule 30, Sec. 4 Requisites of Motion to Postpone
Trial for Illness of Party or Counsel.
A motion to postpone a trial on
the ground of illness of a party or
counsel may be granted if it
appears upon affidavit or sworn
certification that the
presence of such party or counsel
at the trial is indispensable and
that the character of his illness is
such as to render his non-
attendance excusable.
Hearing Days and Calendar
Call. Trial shall be held from
Monday to Thursday, and
courts shall call the cases at
exactly 8:30 a.m. and 2:00 p.m.,
pursuant to Administrative
Circular No. 3-99. Hearing on
motions shall be held on
Fridays, pursuant to Section 8,
Rule 15.
All courts shall ensure the
posting of their court calendars
outside their courtrooms at least
one (1) day before the scheduled
hearings, pursuant to OCA
Circular No. 250-2015.
|||
176
The amended Section 4 is a
new insertion. It provides the
days and time when trial and
motion hearings, when
applicable, shall be held. It
also adds that All courts shall
ensure the posting of their
court calendars outside their
courtrooms at least 1 day
before the scheduled
hearings, pursuant to OCA
Circular No. 250-2015.

Rule 30, Sec. 5 Order of Trial. Subject to the
provisions of Section 2 of Rule 31,
and unless the court for special
reasons otherwise directs, the trial
shall be limited to the issues
stated in the pre-trial order and
shall proceed as follows:
x x x
(a)The plaintiff shall adduce
evidence in support of his
complaint;
(b) The defendant shall then
adduce evidence in support of his
defense, counterclaim, cross-
claim and third-party complaint;
(c) The third-party defendant, if
any, shall adduce evidence of his
defense, counterclaim, cross-
claim and fourth-party complaint;
x x x
Rule 30, Sec. 6 Agreed Statement of Facts. The
parties to any action may agree, in
writing, upon the facts involved
in the litigation, and submit the
case for judgment on the facts
agreed upon, without the
introduction of evidence.
Order of Trial. Subject to the The old and new provisions
provisions of Section 2 of Rule are the same except for the
31, and unless the court for amendment to address
special reasons otherwise gender sensitivity.
directs, the trial shall be limited
to the issues stated in the pre-
trial order and shall proceed as
follows:
x x x
a)The plaintiff shall adduce
evidence in support of his or her
complaint;
(b) The defendant shall then
adduce evidence in
support of his or her defense,
counterclaim, cross-claim and
third-party complaint;
(c) The third-party defendant, if
any, shall adduce evidence of his
or her defense, counterclaim,
cross-claim and fourth-party
complaint;
x x x
Oral Offer of Exhibits. The offer The new Section 6 is a new
of evidence, the comment or insertion. After presentation
objection thereto, and the court of evidence, the offer of
ruling shall be made orally in exhibits shall be made orally
accordance with Sections 34 to and thereupon, the objections
40 of Rule 132. thereto shall be made and the
court shall also orally rule on
the same. This is also
consistent with the rules on
177

If the parties agree only on
some of the facts in issue, the trial
shall be held as to the disputed
facts in such order as
the court shall prescribe.
Rule 30, Sec. 7 The new Section 7 may be
compared with the old Section 6,
which deal with the same subject
matter of Agreed Statement of
facts:
Agreed Statement of Facts. The
parties to any action may agree, in
writing, upon the facts involved
in the litigation, and submit the
case for judgment on the facts
agreed upon, without the
introduction of evidence.
If the parties agree only on
some of the facts in issue, the trial
shall be held as to the disputed
facts in such order as
the court shall prescribe.
The old Section 7 provides:
Statement of Judge. During the
hearing or trial of a case any
statement made by the judge with
reference to the case, or to
continuous trial for criminal
cases.
The new Section 7 may be
compared with the old Section
6, which deal with the same
subject matter of Agreed
Statement of facts. They are
the same. The old Section 7 on
Agreed Statement of Facts. The Statement of Judge was
parties to any action may agree, deleted.
in writing, upon the facts
involved in the litigation, and
submit the case for judgment on
the facts agreed upon, without
the introduction of evidence.
If the parties agree only on some
of the facts in issue, the trial shall
be held as to the disputed facts in
such order as the court shall
prescribe.
178

any of the parties, witnesses or
counsel, shall be made of record
in the stenographic notes.
Rule 30, Sec. 8 Suspension of Actions. The
suspension of actions shall be
governed by the provisions of the
Civil Code.
Rule 30, Sec. 9 Judge to Receive Evidence;
Delegation to Clerk of Court. The
judge of the court where the case
is pending shall personally
receive the evidence to be
adduced by the parties. However,
in default or ex parte hearings,
and in any case where the parties
agree in writing, the court may
delegate the reception of evidence
to its clerk of court who is a
member of the bar. The
clerk of court shall have no power
to rule on objections to any
question or to the
admission of exhibits, which
objections shall be resolved by
the court upon submission of his
report and the transcripts within
ten (10) days from
termination of the hearing.
Suspension of Actions. The The old and the amended rule
suspension of actions shall be are the same except that under
governed by the provisions of the amended rule, the
the Civil Code and other laws. provision “and other laws”
was added, in addition to the
Civil Code.
Judge to Receive Evidence; The old and the new
Delegation to Clerk of Court. The provisions are the same
judge of the court where the case except for the amendment to
is pending shall personally address gender sensitivity
receive the evidence to be and the 10-day period was
adduced by the parties. changed to 10 calendar days.
However, in default or ex
parte hearings, and in any case
where the parties agree in
writing, the court may delegate
the reception of evidence to its
clerk of court who is a member of
the bar. The clerk of court shall
have no power to rule on
objections to any question or to
the admission of exhibits, which
objections shall be resolved by
the court upon submission of
his or her report and the
transcripts within ten
179

Rule 32, Sec. 3 Order of Reference; Powers of the
Commissioner. When a reference is
made, the clerk shall forthwith
furnish the commissioner with a
copy of the order of reference. The
order may specify or limit the
powers of the commissioner, and
may direct him to report only
upon particular issues, or to do or
perform particular acts, or to
receive and report evidence only,
and may fix the date for beginning
and closing the hearings and for
the filing of his report. Subject to
the specifications and limitations
stated in the order, the
commissioner has and shall
exercise the power to regulate the
proceedings in every hearing
before him and to do all acts and
take all measures necessary or
proper for the efficient
performance of his duties under
the order. He may issue
subpoenas and subpoenas duces
tecum, swear witnesses, and
unless otherwise provided in the
order of reference, he may rule
(10) calendar days from
termination of the hearing.
Order of Reference; Powers of the The old and new provisions
Commissioner. When a reference are the same except for the
is made, the clerk shall forthwith amendment to address
furnish the commissioner with a gender sensitivity.
copy of the order of reference.
The order may specify or limit
the powers of the commissioner,
and may direct him or her to
report only upon particular
issues, or to do or perform
particular acts, or to receive and
report evidence only, and may
fix the date for beginning and
closing the hearings and for the
filing of his or her report. Subject
to the specifications and
limitations stated in the order,
the commissioner has and shall
exercise the power to regulate
the proceedings in every hearing
before him or her and to do all
acts and take all measures
necessary or proper for the
efficient performance of his or
her duties under the order. He or
she may issue subpoenas and
subpoenas duces tecum, swear
witnesses, and unless otherwise
180


upon the provided in the order of

admissibility of evidence. The
trial or hearing before him shall
proceed in all respects as it would
if held before the court.
reference, he or she may rule
upon the admissibility of
evidence. The trial or hearing
before him or her shall proceed
in all respects as it would if held
before the court.

Rule 32, Sec. 4 Oath of Commissioner. Before
entering upon his duties the
commissioner shall be sworn to a
faithful and honest performance
thereof.
Oath of Commissioner. Before
entering upon his or her duties
the commissioner shall be sworn
to a faithful and honest
performance thereof.
The old and new provisions
are the same except for the
amendment to address
gender sensitivity.

Rule 32, Sec. 5 Proceedings Before Commissioner.
Upon receipt of the
order of reference unless
otherwise provided therein, the
commissioner shall forthwith set
a time and place for the first
meeting of the parties or their
counsel to be held within ten (10)
days after the date of the
order of reference and shall notify
the parties or their counsel.
Proceedings before Commissioner. The old and new provisions
Upon receipt of the order of are the same except the 10-day
reference unless otherwise period was changed to 10
provided therein, the calendar days.
commissioner shall forthwith set
a time and place for the first
meeting of the parties or their
counsel to be held within ten
(10) calendar days after the date
of the order of reference and
shall notify the parties or their
counsel.

181

Rule 32, Sec. 6 Failure of Parties to Appear Before
Commissioner. If a party fails to
appear at the time and place
appointed, the commissioner may
proceed ex parte or, in his
discretion, adjourn the
proceedings to a future day,
giving notice to the absent party
or his counsel of the adjournment
Rule 32, Sec. 7 Refusal of Witness. The refusal of a
witness to obey a subpoena issued
by the commissioner or to give
evidence before him, shall be
deemed a shall be deemed a contempt of
contempt of the court which
appointed the commissioner.
Rule 32, Sec. 8 Commissioner Shall Avoid Delays. It
is the duty of the commissioner to
proceed with all reasonable
diligence. Either party, on notice
to the parties and commissioner,
may apply to the court for an
order requiring the commissioner
to expedite the proceedings and to
make his report.
Failure of Parties to Appear before The old and new provisions
Commissioner. If a party fails to are the same except for the
appear at the time and place amendment to address
appointed, the commissioner gender sensitivity.
may proceed ex parte or, in his or
her discretion, adjourn the
proceedings to a future day,
giving notice to the absent party
or his or her counsel of the
adjournment
Refusal of Witness. The refusal of The old and new provisions
a witness to obey a subpoena are the same except for the
issued by the commissioner or to amendment to address
give evidence before him or her, gender sensitivity.
the court which appointed the
commissioner.
Commissioner Shall Avoid Delays. The old and new provisions
It is the duty of the commissioner are the same except for the
to proceed with all reasonable amendment to address
diligence. Either party, on notice gender sensitivity.
to the parties and commissioner,
may apply to the court for an
order requiring the
commissioner to expedite the
proceedings and to make his or
her report.
182


Rule 32, Sec. 9 Report of Commissioner. Upon the
completion of the trial or hearing
or proceeding before the
commissioner, he shall file with
the court his report in writing
upon the matters submitted to
him by the order of reference.
When his powers are not specified
or limited, he shall set forth his
findings of fact and
conclusions of law in his report.
He shall attach thereto all exhibits,
affidavits, depositions, papers
and the transcript, if any, of the
testimonial evidence presented
before him.
Report of Commissioner. Upon the The old and new provisions
completion of the trial or hearing are the same except for the
or proceeding before the amendment to address
commissioner, he or she shall file gender sensitivity.
with the court his or her report in
writing upon the matters
submitted to him or her by the
order of reference. When his or
her powers are not specified or
limited, he or she shall set forth
his or her findings of fact and
conclusions of law in his or
her report. He or she shall attach
thereto all exhibits, affidavits,
depositions, papers and the
transcript, if any, of the
testimonial evidence presented
before him or her.

Rule 32, Sec. 10 Notice to Parties of the Notice to Parties of the Filing of The old and new provisions
Filing of Report. Upon the Report. Upon the filing of the are the same except the 10-day
filing of the report, the parties report, the parties shall be period was changed to 10
shall be notified by the clerk, and notified by the clerk, and they calendar days.
they shall be allowed ten (10) days shall be allowed ten
within which to signify (10) calendar days within which
grounds of objections to the to signify grounds of objections
findings of the report, if they so to the findings of the report, if
desire. Objections to the report they so desire. Objections to the
based upon grounds which were report based upon grounds
available to the parties during the which were available to the
proceedings before the parties during the proceedings
commissioner, other than before the commissioner, other

183

objections to the findings and
conclusions therein set forth, shall
not be considered by
the court unless they were made
before the commissioner.
Rule 32, Sec. 11 Hearing upon report. Upon the
expiration of the period of ten (10)
days referred to in the preceding
section, the report shall be set for
hearing, after which
the court shall issue an order
adopting, modifying, or rejecting
the report in whole or in part, or
recommitting it with instructions,
or requiring the parties to present
further evidence before the
commissioner or the court.
Rule 33, Sec. 1 Demurrer to Evidence. After the
plaintiff has completed the
presentation of his evidence, the
defendant may move for
dismissal on the ground that upon
the facts and the law the plaintiff
has shown no right to relief. If his
motion is denied, he shall have
the right to present evidence. If
the motion is granted but on
appeal the order of dismissal is
reversed he shall be deemed to
than objections to the findings
and conclusions therein set forth,
shall not be considered by the
court unless they were made
before the commissioner.
Hearing upon Report. Upon the The old and new provisions
expiration of the period of ten are the same except the 10-day
(10) calendar days referred to in period was changed to 10
the preceding section, the report calendar days.
shall be set for hearing, after
which the court shall issue an
order adopting, modifying, or
rejecting the report in whole or in
part, or recommitting it with
instructions, or requiring the
parties to present further
evidence before the
commissioner or the court.
Demurrer to Evidence. After the The old and new provisions
plaintiff has completed the are the same except for the
presentation of his or amendment to address
her evidence, the defendant may gender sensitivity.
move for dismissal on the
ground that upon the facts and
the law the plaintiff has
shown no right to relief. If his or
her motion is denied, he or
she shall have the right to
present evidence. If the motion is
granted but on appeal the order
184


have waived the right to present of dismissal is reversed, he or she

evidence. shall be deemed to have waived
the right to present evidence.

Rule 33, Sec. 2 There is no Section 2 under the old Action on Demurrer to Section 2 is a new insertion.
rule. Evidence. A demurrer to The action on the demurrer to
evidence shall be subject to the evidence makes reference to
provisions of Rule 15. Rule 15, which means that the
motion for demurrer to
The order denying the demurrer evidence is an allowable and
to evidence shall not be subject litigious motion. There must
of an appeal or petition be proof of service on the
for certiorari, prohibition other party, who has 5
or mandamus before judgment. calendar days from notice
thereof to file an opposition,
after which, the court shall
resolve the motion within 15
calendar days from receipt of
the opposition.

The new provision also adds

that the order denying the
demurrer to evidence shall
not be subject of an appeal or
petition for certiorari,
prohibition
or mandamus before
judgment. The remedy is to
proceed to trial, and if the
party who filed demurrer to
evidence loses, then to appeal
and include in the errors

185


raised on appeal the denial of

the demurrer to evidence.

The provision speaks only of

Rule 34, Sec. 2 There is no Section 2 under the old Action on Motion for Judgment
rule. on the Pleadings. The court
may motu proprio or on motion
render judgment on the
pleadings if it is apparent that
the answer fails to tender an
issue, or otherwise admits the
material allegations of the
adverse party's pleadings.
Otherwise, the motion shall be
subject to the provisions of Rule
15 of these Rules.
Any action of the court on a
motion for judgment on the
pleadings shall not be subject of
an appeal or petition
for certiorari, prohibition
or mandamus.
denial, because if the
demurrer is granted, then that
is a judgment on the merits
and the proper remedy would
be an appeal.
This Section 2 is a new
insertion. It provides that the
court may render judgment
on the pleadings motu proprio,
which can also be found in
Rule 18, Sec. 10.
The rule also makes reference
to Rule 15, which means that
the motion for judgment on
the pleadings is an allowable
and litigious motion. There
must be proof of service on
the other party, who has 5
calendar days from notice
thereof to file an opposition,
after which, the court shall
resolve the motion within 15
calendar days from receipt of
the opposition.

The new provision also adds

that the order denying or

186

Rule 35, Sec. 1 Summary Judgment for Claimant. A
party seeking to recover upon a
claim, counterclaim, or cross-
claim or to obtain a declaratory
relief may, at any time after the
pleading in answer thereto has
been served, move with
supporting affidavits, depositions
or admissions for a summary
judgment in his favor upon all or
any part thereof.
Summary Judgment for Claimant.
A party seeking to recover upon
a claim, counterclaim, or cross-
claim or to obtain a declaratory
relief may, at any time after the
pleading in answer thereto has
been served, move with
supporting affidavits,
depositions or admissions for a
summary judgment in his or
her favor upon all or any part
thereof.
187
granting the motion shall not
be subject of an appeal or
petition for certiorari,
prohibition
or mandamus before
judgment. The remedy is to
proceed to trial, and if the
party who filed motion for
judgment on the pleadings
loses, then to appeal and
include in the errors raised on
appeal the denial of the said
motion.
The old and new provisions
are the same except for the
amendment to address
gender sensitivity.

Rule 35, Sec. 2 Summary Judgment for Defending
Party. A party against whom a
claim, counterclaim, or cross-
claim is asserted or a declaratory
relief is sought may, at any time,
move with supporting affidavits
depositions or admissions for a
summary judgment in his favor as
to all or any part thereof.
Rule 35, Sec. 3 Motion and Proceedings Thereon.
The motion shall be served at least
ten (10) days before the time
specified for the hearing. The
adverse party may serve
opposing affidavits, depositions,
or admissions at least three (3)
days before the hearing. After the
hearing, the judgment sought
shall be rendered forthwith if the
pleadings, supporting affidavits,
depositions, and admissions on
file, show that, except as to the
amount of damages, there is no
genuine issue as to any material
fact and that the moving party is
entitled to a judgment as a
matter of law.
Summary Judgment for Defending
Party. A party against whom a
claim, counterclaim, or cross-
claim is asserted or a declaratory
relief is sought may, at any time,
move with supporting affidavits,
depositions or admissions for a
summary judgment in his or
her favor as to all or any part
thereof.
Motion and Proceedings
Thereon. The motion shall be
served at least ten (10) days
before the time specified for the
hearing. The adverse party may
serve opposing affidavits,
depositions, or admissions at
least three (3) days before the
hearing. After the hearing, The
motion shall cite the supporting
affidavits, depositions or
admissions, and the specific law
relied upon. The adverse party
may file a comment and serve
opposing affidavits,
depositions, or admissions
within a non-extendible period
of five (5) calendar days from
receipt of the motion. Unless
the court orders the conduct of a
hearing, judgment sought shall
188
The old and new provisions
are the same except for the
amendment to address
gender sensitivity.
The new provision deleted the
provision that the motion
shall be served at least ten (10)
days before the time specified
for the hearing. The adverse
party may serve opposing
affidavits, depositions, or
admissions at least three (3)
days before the hearing. The
deletion of such period within
which to serve the motion
means it no longer applies.
Likewise there is no
mandatory hearing on the
motion with the amended
rule, consistent with Rule 15.
There will only be a hearing if
the court orders the conduct
of the hearing. Otherwise, the
adverse party should just file
a comment and serve

Rule 35, Sec. 4 Case Not Fully Adjudicated on
Motion. If on motion under this
Rule, judgment is not rendered
upon the whole case or for all the
reliefs sought and a trial is
necessary, the court at the
hearing of the motion, by
examining the pleadings and the
evidence before it and by
interrogating counsel shall
ascertain what material facts exist
without substantial controversy
be rendered forthwith if the
pleadings, supporting affidavits,
depositions and admissions on
file, show that, except as to the
amount of damages, there
is no genuine issue as to any
material fact and that the moving
party is entitled to judgment as a
matter of law.
Any action of the court on a
motion for summary judgment
shall not be subject of an appeal
or petition for certiorari,
prohibition or mandamus.
Case Not Fully Adjudicated on
Motion. If on motion under this
Rule, judgment is not rendered
upon the whole case or for all the
reliefs sought and a trial is
necessary, the court at the
hearing of the motion may, by
examining the pleadings and the
evidence before it and by
interrogating counsel, ascertain
what material facts exist without
substantial
189
opposing affidavits,
depositions, or admissions
within a non-extendible
period of 5 calendar days
from receipt of the motion,
The new provision also adds
that the order denying or
granting the motion shall not
be subject of an appeal or
petition for certiorari,
prohibition
or mandamus before
judgment. The remedy is to
proceed to trial, and if the
party who filed motion for
summary judgment loses,
then to appeal and include in
the errors raised on appeal the
denial of the said motion.
With the amended rule,
hearing again is not
mandatory, with the deletion
of the provision on the
hearing on the motion.
Also, the provision on what
are controverted was deleted,
since it follows that if what is
not controverted is
established, then what is
controverted is likewise

and what are actually and in good
faith controverted. It shall
thereupon make an order
specifying the facts that appear
without substantial controversy,
including the extent to which the
amount of damages or other relief
is not in controversy, and
directing such further
proceedings in the action as are
just. The facts so specified shall be
deemed established, and the trial
shall be conducted on the
controverted facts accordingly.
Rule 35, Sec. 6 Affidavits in Bad Faith. Should it
appear to its satisfaction at any
time that any of the affidavits
presented pursuant to this Rule
are presented in bad faith, or
solely for the purpose of delay,
the court shall forthwith order the
offending party or counsel to pay
to the other party the
amount of the reasonable
expenses which the filing of the
affidavits caused him to incur,
including attorney's fees. It may,
after hearing, further adjudge the
offending party or counsel
guilty of contempt
controversy, including the established. The word
extent to which the amount of “specified” was changed to
damages or other relief is not in “ascertained” as the facts are
controversy, and direct such actually ascertained by the
further proceedings in the court.
action as are just. The facts
so ascertained shall be deemed
established, and the trial shall be
conducted on the controverted
facts accordingly.
Affidavits in Bad Faith. Should it The old and new provisions
appear to its satisfaction at any are the same except for the
time that any of the affidavits amendment to address
presented pursuant to this Rule gender sensitivity.
are presented in bad faith, or
solely for the purpose of delay,
the court shall forthwith order
the offending party or counsel to
pay to the other party the
amount of the reasonable
expenses which the filing of the
affidavits caused him or her to
incur, including attorney's fees, it
may, after hearing further
adjudge the offending party or
counsel guilty of contempt.
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Rule 144 Effectiveness. These rules shall take
effect on January 1, 1964. They
shall govern all cases brought
after they take effect, and also all
further proceedings in cases then
pending, except to the extent that
in the opinion of the court their
application would not be feasible
or would work injustice, in which
event the former procedure shall
apply.
Effectiveness. These rules shall
take effect on January 1, 1964.
They shall govern all cases
brought after they take effect,
and also all further proceedings
in cases then pending, except to
the extent that in the opinion of
the court, their application
would not be feasible or would
work injustice, in which event
the former procedure shall
apply.
The 2019 Proposed
Amendments to the 1997
Rules of Civil Procedure shall
govern all cases filed after their
effectivity on May 1, 2020, and
also all pending proceedings,
except to the extent that in the
opinion of the court, their
application would not be
feasible or would work
injustice, in which case the
procedure under which the
cases were filed shall govern.
The application and adherence
to the said amendments shall be
subject to periodic monitoring
by the Sub-Committee, through
the Office of the Court
191
The 2019 Amended Rules
shall govern all cases filed
after May 1, 2020, its date of
effectivity and even pending
cases, to the extent that in the
opinion of the court, their
application would not be
feasible or would work
injustice, in which case the
procedure under which the
cases were filed shall govern.
All rules, resolutions,
regulations or circulars of the
Supreme Court or parts
thereof that are inconsistent
with any provision of the said
amendments are hereby
deemed repealed or modified
accordingly. That is why the
various circulars and
resolutions issued by the
Supreme Court as mentioned
in the discussions under the
comments section are deemed
amended by these rules.


Administrator (OCA).For this

purpose, all courts covered by
the said amendments shall
accomplish and submit a
periodic report of data in a form
to be generated and distributed
by the OCA.

All rules, resolutions,

regulations or circulars of the
Supreme Court or parts thereof
that are inconsistent with any
provision of the said
amendments are hereby
deemed repealed or modified
accordingly.

192