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

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

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


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

Rule 6, Sec. 10 Reply. A reply is a pleading, the Reply. All new matters alleged Prior to the amendment, a
Paragraph 1 and office or function of which is to in the answer are deemed reply may or may not be filed.
2 for the original deny, or allege facts in denial or controverted. If the plaintiff If not filed, then all new
rules; avoidance of new matters alleged wishes to interpose any claims matters alleged in the answer
paragraphs 1-3 by way of defense in the answer arising out of the new matters so are deemed controverted,
under the and thereby join or make issue as alleged, such claims shall be set unless the answer is based on
amended rules to such new matters. If a party forth in an amended or an actionable document, in
does not file such reply, all the supplemental complaint. which case the failure to reply
new matters alleged in the answer However, the plaintiff may file will amount to an admission
are deemed controverted a reply only if the defending of the genuineness and due
party attaches an actionable execution of the actionable
If the plaintiff wishes to interpose document to his or her answer. document. Here, even if the
any claims arising out of the new answer is not based on an
matters so alleged, such claims A reply is a pleading, the office actionable document, a reply
shall be set forth in an amended or or function of which is to deny, may or may not be filed.
supplemental complaint. or allege facts in denial or
avoidance of new matters With the amendment, a reply
alleged in, or relating to, said may only be filed if the
actionable document. answer attaches an actionable
document. This finds support
In the event of an actionable in Rule 6, Sec. 2, third
document attached to the reply, paragraph, which states that
the defendant may file a an answer may be responded
rejoinder if the same is based to by a reply only if the
solely on an actionable defending party attaches an
document. 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. The first paragraph under the
Paragraph 1 for A third (fourth, etc.) — party A third (fourth, etc.) - party original and amended rules
the original complaint is a claim that a complaint is a claim that a are the same, except for the
rules; defending party may, with leave defending party may, with leave amendment to address
paragraphs 1 of court, file against a person not of court, file against a person not gender sensitivity.
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 The second paragraph in the
defendant for contribution, defendant for contribution, amendment is a new
indemnity, subrogation or any indemnity, subrogation or any inclusion. It provides that the
other relief, in respect of his other relief, in respect of his or third (fourth, etc.) – party
opponent's claim. her opponent's claim. complaint may only be
allowed if the matters raised
The third (fourth, etc.) - party are not extraneous to the issue
complaint shall be denied in the principal case and there
admission, and the court shall would be no introduction of a
require the defendant to new and separate controversy
institute a separate action, into the action. It appears that
where: (a) the third (fourth, in these instances, leave of
etc.)- party defendant cannot be court to file said third (fourth,
located within thirty (30) etc.) - party complaint will not
calendar days from the grant of be granted.
such leave; (b) matters
extraneous to the issue in the Also, if the third (fourth, etc.)
principal case are raised; or (c) – party defendant cannot be
the effect would be to introduce located within 30 calendar
a new and separate controversy days from grant of such leave,
into the action. 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 Answer to third (fourth, etc.) – The amendment is to address
complaint. A third (fourth, etc.) — party complaint. Answer to third gender sensitivity.
party defendant may allege in his (fourth, etc.)-party complaint. —
answer his defenses, A third (fourth, etc.)- party
counterclaims or cross-claims, defendant may allege in his or
including such defenses that the her answer his or her defenses,
third (fourth, etc.) — party counterclaims or cross-claims,
plaintiff may have against the including such defenses that the
original plaintiff's claim. In third (fourth, etc.)-party plaintiff
proper cases, he may also assert a may have against the original
counterclaim against the original plaintiff's claim. In proper cases,
plaintiff in respect of the latter's he or she may also assert a
claim against the third-party counterclaim against the original
plaintiff. 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 Signature and address. (a) Every The first paragraph is
Paragraphs 1-3 pleading must be signed by the pleading and other written amended to state that not only
under the old party or counsel representing submissions to the court must pleadings shall be signed by
rules, him, stating in either case his be signed by the party or counsel the party or counsel, but also
paragraphs (a) to address which should not be a representing him or her. any other written submission.
(c) under the post office box. A motion, for instance, is not a
amended rules (b) The signature of counsel pleading. Although in
The signature of counsel constitutes a certificate by him or practice, all pleadings,
constitutes a certificate by him her that he or she has read the motions or any written
that he has read the pleading; that pleading and document; that to submission filed in court are
to the best of his knowledge, the best of his or her knowledge, signed by the party or his
information, and belief there is information, and belief, formed counsel, the amendment puts
good ground to support it; and after an inquiry reasonable in writing the foregoing rule.
that it is not interposed for delay. under the circumstances: The first paragraph deleted
the statement that the
An unsigned pleading produces (1) It is not being presented for address, that should not be a
no legal effect. However, the court any improper purpose, such as post office box should be
may, in its discretion, allow such to harass, cause unnecessary indicated in the signature.
deficiency to be remedied if it delay, or needlessly increase the
shall appear that the same was cost of litigation; Same with the original rule,
due to mere inadvertence and not the amendment provides that
intended for delay. Counsel who (2) The claims, defenses, and the signature of counsel
deliberately files an unsigned other legal contentions are constitutes a certification but
pleading, or signs a pleading in warranted by existing law or additionally addresses gender
violation of this Rule, or alleges jurisprudence, or by a non- sensitivity and provides that
scandalous or indecent matter frivolous argument for the counsel’s knowledge,
therein, or fails promptly report to extending, modifying, or information and belief is
the court a change of his address, reversing existing based or formed after an
shall be subject to appropriate jurisprudence; inquiry that is reasonable
disciplinary action. under the circumstance.
(3) The factual contentions have
evidentiary support or, if

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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 indecent matter in the


on motion and warranted for pleading, or failing to
effective deterrence, an order promptly report to the court a
directing payment to the change of address, shall be
movant of part or all of the subject to appropriate
reasonable attorney’s fees and disciplinary action.
other expenses directly
resulting from the violation, With the amendment, there is
including attorney’s fees for the also a sanction for the
filing of the motion for violation of the rule. The
sanction. The lawyer or law violation may be determined
firm cannot pass on the upon motion or by the court
monetary penalty to the client. 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

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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

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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

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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 verified A pleading required to be affiant has read the pleading
which contains a verification verified that contains a and that the allegations
based on "information and belief", verification based on therein are true and correct
or upon "knowledge, information "information and belief", or upon based on personal knowledge

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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

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issues in any court, tribunal or involving the same issues in


quasi-judicial agency and, to the any court, tribunal or quasi-
best of his knowledge, no such judicial agency and, to the
other action or claim is pending best of his knowledge, no such
therein; (b) if there is such other other action or claim is pending
pending action or claim, a therein; (b) if there is such other
complete statement of the present pending action or claim, a
status thereof; and (c) if he should complete statement of the
thereafter learn that the same or present status thereof; and (c) if
similar action or claim has been he or she should thereafter learn
filed or is pending, he shall report that the same or similar action or
that fact within five (5) days claim has been filed or is
therefrom to the court wherein his pending, he shall report that fact
aforesaid complaint or initiatory within five (5) calendar days
pleading has been filed. 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 Failure to comply with the The last paragraphs are the
foregoing requirements shall not foregoing requirements shall not same.
be curable by mere be curable by mere
amendment of the complaint or amendment of the complaint or
other initiatory pleading but shall 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 This new provision should be
stating a party's claims or read in relation to Rule 8,
defenses shall, in addition to Section 1, which provides that
those mandated by Section 2, every pleading (including the
Rule 7, state the following: complaint) should contain a
(a) Names of witnesses who will statement of the evidence
be presented to prove a party's relied on. In this regard,
claim or defense; Section 6, thus requires that
(b) Summary of the witnesses' the witnesses and their names
intended testimonies, provided should be included, the

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that the judicial affidavits of summaries of their respective


said witnesses shall be attached testimonies in addition to the
to the pleading and form an judicial affidavits to be
integral part thereof. Only attached thereto and the
witnesses whose judicial documentary and object
affidavits are attached to the evidence in support of the
pleading shall be presented by allegations in the pleading.
the parties during trial. Except if
a party presents meritorious This requirement would
reasons as basis for the ensure that a person filing a
admission of additional case or a pleading would, at
witnesses, no other witness or the time of filing, already have
affidavit shall be heard or evidentiary basis to back the
admitted by the court; and same up, and there would be
(c) Documentary and object no delay caused by parties
evidence in support of the still trying to find evidence as
allegations contained in the basis for the claims during the
pleading 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

21

attaching and stating therein


the foregoing requirements.

Rule 8, Section 1, In General. Every pleading shall In general. Every pleading shall The amended first paragraph
paragraphs 1 contain in a methodical and contain in a methodical and deletes the statement that the
and 2 under the logical form, a plain, concise and logical form, a plain, concise and evidentiary facts should be
old and direct statement of the ultimate direct statement of the ultimate omitted and instead, requires
amended rules facts on which the party pleading facts, including the evidence on the inclusion of the evidence.
relies for his claim or defense, as which the party pleading relies The pleading, such as the
the case may be, omitting the for his or her claim or defense, as complaint, is not anymore
statement of mere evidentiary the case may be, omitting the limited to ultimate facts. This
facts. statement of mere evidentiary should be read with Section 6,
facts. 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.

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If a defense relied on is based on If a cause of action or defense The second paragraph was
law, the pertinent provisions relied on is based on law, the amended to include “cause of
thereof and their applicability to pertinent provisions thereof and action” and to address gender
him shall be clearly and concisely their applicability to him or sensitivity. In other words, the
stated. her shall be clearly and concisely pleading should contain the
stated. legal bases for the cause of
action or defense.

Rule 8, Sec. 6 Judgment. In pleading a judgment Judgment. In pleading a The amendment is in line with
or decision of a domestic or judgment or decision of a including evidence to the
foreign court, judicial or quasi- domestic or foreign court, pleading. An authenticated
judicial tribunal, or of a board or judicial or quasi-judicial copy of the judgment is
officer, it is sufficient to aver the tribunal, or of a board or officer, evidence thereof.
judgment or decision without it is sufficient to aver the
setting forth matter showing judgment or decision without
jurisdiction to render it. setting forth matter showing
jurisdiction to render it. An
authenticated copy of the
judgment or decision shall be
attached to the pleading.
Rule 8, Sec. 7 Action or Defense Based on Action or Defense Based on Under the old rules, there are
Document. Whenever an action or Document. Whenever an action 2 ways of pleading
defense is based upon a written or defense is based upon a an actionable document,
instrument or document, the written instrument or document, namely: (a) by alleging the
substance of such instrument or the substance of such instrument substance of such written
document shall be set forth in the or document shall be set forth in instrument in the pleading
pleading, and the original or a the pleading, and the original or and attaching a copy thereof
copy thereof shall be attached to a copy thereof shall be attached to the pleading; and (b) by
the pleading as an exhibit, which to the pleading as an exhibit, copying the instrument in the
shall be deemed to be a part of the which shall be deemed to be a pleading. (Imperial Textile
pleading, or said copy may with part of the pleading, or said copy Mills, Inc. v. Court of Appeals,

23

like effect be set forth in the may with like effect be set forth G.R. No. 86568, March 22,
pleading. in the pleading. 1990)

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.

Rule 8, Sec. 8 How to Contest Such Documents. How to Contest Such Documents. The provision is essentially
When an action or defense is When an action or defense is the same except for the
founded upon a written founded upon a written deletion of the second manner
instrument, copied in or attached instrument, copied in or of pleading an actionable
to the corresponding pleading as attached to the corresponding document (by copying the
provided in the preceding section, pleading as provided in the instrument in the pleading),
the genuineness and due preceding section, the and the amendment to
execution of the instrument shall genuineness and due execution address gender sensitivity.
be deemed admitted unless the of the instrument shall be
adverse party, under oath, deemed admitted unless the
specifically denies them, and sets adverse party, under oath
forth what he claims to be the specifically denies them, and sets
facts; but the requirement of an forth what he or she claims to be
oath does not apply when the the facts; but the requirement of
adverse party does not appear to an oath does not apply when the
be a party to the instrument or adverse party does not appear to
when compliance with an order be a party to the instrument or
when compliance with an order

24

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 Official Document or Act. In Amendment involves a
pleading an official document or pleading an official document or grammatical change only.
official act, it is sufficient to aver official act, it is sufficient to aver
that the document was issued or that the document was issued or
the act done in compliance with the act was done in compliance
law. with law.

Rule 8, Sec. 10 Specific Denial. A defendant must Specific Denial. A defendant The amendment only
specify each material must specify each material addresses gender sensitivity.
allegation of fact the allegation of fact the truth of
truth of which he does not admit which he or she does not admit
and, whenever practicable, shall and, whenever practicable, shall
set forth the substance of the set forth the substance of the
matters upon which he relies to matters upon which he or
support his denial. Where a she relies to support his or
defendant desires to deny only a her denial. Where a defendant
part of an averment, he shall desires to deny only a part of an
specify so much of it as is true and averment, he or she shall specify
material and shall deny only the so much of it as is true and
remainder. Where a defendant is material and shall deny only the
without knowledge or remainder. Where a defendant is
information sufficient to form a without knowledge or
belief as to the truth of a material information sufficient to form a
averment made in the complaint, belief as to the truth of a material
he shall so state, and this shall averment made to the complaint,
have the effect of a denial. he or she shall so state, and this
shall have the effect of a denial.

25

Rule 8, Sec. 11 Allegations Not Specifically Denied Allegations Not Specifically Denied The amendment changes the
Deemed Admitted. Material Deemed Admitted. term “material averment” into
averment in the complaint, other Material averments in a plural form. Instead stating
than those as to the pleading asserting a claim or that the material averment is
amount of unliquidated damages, claims, other than those as to the in the complaint, it is
shall be deemed admitted when amount of unliquidated amended to state that it is in a
not specifically denied. damages, shall be deemed pleading asserting a claim or
Allegations of usury in a admitted when not specifically claims. The provision on
complaint to recover usurious denied. Allegations of usury in a allegations of usury in a
interest are deemed admitted if complaint to recover usurious complaint was deleted,
not denied under oath interest are deemed admitted if probably because of the
not denied under oath suspension of the Usury Law.

Rule 8, Sec. 12 Striking Out of Pleading or Matter Affirmative Defenses. (a) A The old Section 12 was moved
Contained Therein. — Upon defendant shall raise his or her to Section 13, and a new
motion made by a party before affirmative defenses in his or section 12 on Affirmative
responding to a pleading or, if no her answer, which shall be Defenses was inserted.
responsive pleading is permitted limited to the reasons set forth
by these Rules, upon motion under Section 5 (b),Rule 6, and It should be read with Rule 6,
made by a party within twenty the following grounds: Section 5(b).
(20) days after the service of the 1. That the court
pleading upon him, or upon has no jurisdiction over the Thus, the affirmative defenses
the court's own initiative at any person of the defending party; include the following:
time, the court may order any 2. That venue is improperly 1. Fraud;
pleading to be stricken out or that laid; 2. Statute of limitations;
any sham or false, redundant, 3. That the plaintiff has no legal 3. Release;
immaterial, impertinent, or capacity to sue; 4. Payment;
scandalous matter be stricken out 4. That the pleading asserting 5. Illegality;
therefrom. the claim states no cause of 6. Statute of frauds;
action; and 7. Estoppel;
8. Former recovery;

26

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 without prejudice to the non-


may be among the matters to be waivable grounds.
raised on appeal after a
judgment on the merits 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.

28

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

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

30

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

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

31

was due to fraud, accident, mistake or excusable negligence


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

32

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

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

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

Rule 10, Sec. 5 Amendment to Conform to or No Amendment Necessary to Under the old rules, when
Authorize Presentation of Evidence. Conform to or Authorize evidence not within the issues
When issues not raised by the Presentation of Evidence. When raised in the pleadings is
pleadings are tried with the issues not raised by the presented by the parties
express or implied consent of the pleadings are tried with the during the trial, the pleadings
parties, they shall be treated in all express or implied consent of the are subsequently amended on
respects as if they had been raised parties, they shall be treated in motion of a party to conform
in the pleadings. Such all respects as if they had been to such evidence. Thus, a
amendment of the pleadings as raised in the complaint which fails to state
may be necessary to cause them to pleadings. No amendment of a cause of action may be cured
conform to the evidence and to such pleadings deemed by evidence presented during
raise these issues may be made amended is necessary to cause the trial. (Swagman Hotels &
upon motion of any party at any them to conform to the evidence. Travel Inc. v. Court of Appeals,
time, even after judgment; but G.R. No. 161135, April 8, 2005)
failure to amend does not affect
the result of the trial of these The amended rules provide,
issues. If evidence is objected to at that the issues not raised in
the trial on the ground that it is the pleadings but tried with
not within the issues made by the the consent of the parties shall
pleadings, the court may allow already be treated as if they
the pleadings to be amended and had been raised in the
shall do so with liberality if the pleadings and as such, there
presentation of the merits of the 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 Answer to the complaint. The There is a longer period
defendant shall file his answer to defendant shall file his or her within which to file an answer
the complaint within fifteen (15) answer to the complaint within under the amended rule. It
days after service of summons, thirty (30) calendar days after was increased from 15 to 30
unless a different period is fixed service of summons, unless a days. And the period is also
by the court different period is fixed by qualified by calendar days.
the court 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. Answer to Amended Complaint. The first paragraph is
Where the plaintiff files an Where the plaintiff files an amended with an increased
amended complaint as a amended complaint as a the and qualified period -
matter of right, the defendant matter of right, the defendant from 15 days to 30 calendar
shall answer the same within shall answer the same within days.
fifteen (15) days after being thirty (30) calendar days after
served with a copy thereof. being served with a copy thereof.

Where its filing is not a Where its filing is not a The second paragraph is
matter of right, the defendant matter of right, the defendant amended with an increased
shall answer the amended shall answer the amended the and qualified period -
complaint within ten (10) days complaint within fifteen (15) from 10 days to 15 calendar
from notice of the calendar days from notice of the days.
order of admitting the same. An order of admitting the same. An
answer earlier filed may serve as answer earlier filed may serve as
the answer to the amended the answer to the amended
complaint if no new answer is complaint if no new answer is
filed. 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- Answer to counterclaim or cross- The amendment increased the
claim. A counterclaim or cross- claim. A counterclaim or cross- and qualified the period from
claim must be answered within claim must be answered within 10 days to 20 calendar days.
ten (10) days from service. 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- Existing Counterclaim or Cross- Amendment is only to
Claim. A compulsory Claim. A compulsory address gender sensitivity.
counterclaim or a cross-claim that counterclaim or a cross-claim
a defending party has at the time that a defending party has at the
he files his answer shall be time he or she files his or her
contained therein. answer shall be contained
therein.

Rule 11, Sec. 9 Counterclaim or Cross-Claim Counterclaim or Cross-Claim Amendment is only to


Arising After Answer. A Arising After Answer. A address gender sensitivity.
counterclaim or cross-claim counterclaim or cross-claim
which either matured or was which either matured or was
acquired by a party after serving acquired by a party after serving
his pleading may, with the his or her pleading may, with the
permission of the court, be permission of the court, be
presented as a counterclaim or a presented as a counterclaim or a
cross-claim by supplemental cross-claim by supplemental
pleading before judgment. pleading before judgment.

Rule 11, Sec. 10 Omitted Counterclaim or Cross- Omitted Counterclaim or Cross- Amendment is only to
Claim. When a pleader fails to set Claim. When a pleader fails to set address gender sensitivity.
up a counterclaim or a cross-claim up a counterclaim or a cross-
through oversight, inadvertence, claim through oversight,
or excusable neglect, or when inadvertence, or excusable
justice requires, he may, by neglect, or when justice requires,
leave of court, set up the he or she may, by leave of court,
counterclaim or cross-claim by set up the counterclaim or cross-
amendment before judgment. claim by amendment before
judgment.

40

Rule 11, Sec. 11 Extension of Time to Plead. Upon Extension of Time to File an The title of the section was
motion and on such terms as may Answer. A defendant may, for amended from time to plead
be just, the court may extend the meritorious reasons, be granted to time to file an answer. Thus,
time to plead provided in an additional period of not this provision specifically
these Rules. more than thirty (30) calendar only applies now to extension
days to file an answer. A of time to file an answer. The
defendant is only allowed to extension of time to file an
file one (1) motion for extension answer now now has a limit of
of time to file an answer. 30 calendar days and said
motions shall only be allowed
once. No such limitation was
present under the old rule.

The court may also, upon like A motion for extension to file The second paragraph
terms, allow an answer or other any pleading, other than an bolsters the amendment
pleading to be filed after the time answer, is prohibited and limiting only to answers the
fixed by these Rules. considered a mere scrap of extension of time to file the
paper. The court, however, may same. The second paragraph
allow any other pleading to be categorically prohibits the
filed after the time fixed by filing of motion for extension
these Rules. 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.

41

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 When Applied for; purpose. — There are grammatical
responding to a pleading, a party Before responding to a pleading, changes, were commas were
may move for a definite statement a party may move for a definite added, and amendment to
or for a bill of particulars of any statement or for a address gender sensitivity.
matter which is not averred with bill of particulars of any matter, The period of 10 days was
sufficient definiteness or which is not averred with changed to 10 calendar days.
particularity to enable him sufficient definiteness or
properly to prepare his particularity, to enable him or
responsive pleading. If the her properly to prepare his or
pleading is a reply, the motion her responsive pleading. If the
must be filed within ten (10) days pleading is a reply, the motion
from service thereof. Such motion must be filed within ten (10)
shall point out the defects calendar days from service
complained of, the paragraphs thereof. Such motion shall point
wherein they are contained, and out the defects complained of,
the details desired. the paragraphs wherein they are
contained, and the details
desired.

Rule 12, Sec. 3 Compliance with Order. If the Compliance with Order. If the The period was changed from
motion is granted, either in whole motion is granted, either in 10 days to 10 calendar days.
or in part, the compliance whole or in part, the compliance
therewith must be effected within therewith must be effected
ten (10) days from notice of the within ten (10) calendar days
order, unless a different period is from notice of the order, unless a
fixed by the court. The different period is fixed by
bill of particulars or a more the court. The bill of particulars
definite statement ordered by or a more definite statement
the court may be filed either in a ordered by the court may be filed
separate or in an amended either in a separate or in an
pleading, serving a copy thereof amended pleading, serving a
on the adverse party.

44

copy thereof on the adverse


party.

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

Rule 13, Sec. 1 Coverage. This Rule shall govern Coverage. This Rule shall govern The old rule used the term
the filing of all pleadings and the filing of all pleadings, “pleadings and other papers”,
other papers, as well as the service motions and other court which could have
thereof, except those for which a submissions, as well as the contemplated the term used
different mode of service is service thereof, except those for under the amendment. In any
prescribed. which a different mode of service case, the amendment specifies
is prescribed. 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 Service is the act of providing a The amendment includes
party with a copy of the pleading party with a copy of the pleading those that address gender
or paper concerned. If any party or or any other court sensitivity. The service of
has appeared by counsel, service submission. If a party has paper was amended to any
upon him shall be made upon his appeared by counsel, service other court submission.
counsel or one of them, unless upon such party shall be made Any party was also amended
service upon the party himself is upon his or her counsel or to a party.
ordered by the court. one of them, unless service upon
the party and the party’s counsel Under the old rule, service is
is ordered by the court. 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 Where one counsel appears for This provision is the same
several parties, he shall only be several parties, such counsel except that “he”, referring to
entitled to one copy of any paper shall only be entitled to one the counsel, was changed to
served upon him by the opposite copy of any paper served upon “such counsel”.
side. him by the opposite side.

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 single term of other court
the clerk of court or by sending original thereof, plainly submissions.
them by registered mail. indicated as such, to the court;
(b) Sending them by registered Under the old rule, there were
mail; 2 ways of filing: (1) personal;
(c) Sending them by accredited and (2) registered mail. The
courier; or amended rule has 4 ways of
(d) Transmitting them by filing: (1) personal; (2)
electronic mail or other registered; (3) accredited
electronic means as may be courier; and (4) e-mail or other
authorized by the Court in electronic means.
places where the court is Also, under the old rule,
electronically equipped. 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 In the first case, the clerk of court The old and amended
clerk of court shall endorse on the shall endorse on the pleading the provisions are the same as to
pleading the date and date and hour of filing. In the what happens when there is
hour of filing. In the second case, second and third cases, the date personal filing: the clerk of
the date of the mailing of motions, of the mailing of motions, court shall endorse on the
pleadings, or any other papers or pleadings, and other court pleading the date and hour of
payments or deposits, as shown submissions, and payments or filing.
by the post office stamp on the deposits, as shown by the post With the amendment, the
envelope or the registry receipt, office stamp on the envelope or manner of filing for the
shall be considered as the the registry receipt, shall be registered and courier service
date of their filing, payment, or considered as the date of their is the same: the date of
deposit in court. The envelope filing, payment, or deposit in mailing as shown by the post
court. The envelope shall be office stamp on the envelope

48

shall be attached to the attached to the record of the or the registry receipt shall be
record of the case case. In the fourth case, the date considered the date of filing in
of electronic transmission shall court. Note that the old and
be considered as the date of new rules provide for
filing. 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.

49

Rule 13, Sec. 5 Modes of service. Modes of Service. With the amendment, the
Service of pleadings, motions, Service of Pleadings, motions, service of pleadings and other
notices, orders, judgments and notices, orders, judgments, motions, notices, orders,
other papers shall be made either and other court submissions judgments, and other court
personally or by mail shall be served either personally submissions may be made
or by registered mail, accredited personally, by registered mail,
courier, electronic mail, accredited courier, electronic
facsimile transmission, other mal, facsimile transmission
electronic means as may be and other electronic means as
authorized by the Court, or as authorized by court or as
provided for in international provided for in the
conventions to which the international conventions to
Philippines is a party. 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 The amendment qualifies that
papers may be made by submissions may be served by the personal service under
delivering personally a copy to personal delivery of a copy to this section applies to court
the party or his counsel, or by the party or to the submissions. There are some
leaving it in his office with his party’s counsel, or to their amendments to address
clerk or with a person having authorized representative gender sensitivity.
charge thereof. If no person is named in the appropriate
found in his office, or his office is pleading or motion, or by Personal service, as with the
not known, or he has no office, leaving it in his or her office with old rule, is made by
then by leaving the copy, between his or her clerk, or with a person personally delivery to a party

50

the hours of eight in the morning having charge thereof. or counsel of that party. The
and six in the evening, at the If no person is found in his or amendment adds that
party's or counsel's residence, if her office, or his or her office is personal may be done to the
known, with a person of sufficient not known, or he or authorized representative of
age and discretion then residing she has no office, then by leaving the party or the party’s
therein. the copy, between the hours of counsel, but the authorized
eight in the morning and six in representative must be named
the evening, at the party's or in the appropriate pleading or
counsel's residence, if known, motion. This is a new
with a person of sufficient age insertion, that does not appear
and discretion residing therein 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

51

Rule 13, Sec. 7 Service by Mail. Service by Service by Mail. Service by The provision in the old and
registered mail shall be made by registered mail shall be made by amended rules are essentially
depositing the copy in the office, depositing the copy in the post the same except for gender
in a sealed envelope, plainly office, in a sealed envelope, sensitivity changes and the 10
addressed to the party or his plainly addressed to the party day period was changed to 10
counsel at his office, if known, or to the party's counsel at his or calendar days.
otherwise at his residence, if her office, if known, otherwise at
known, with postage fully his or her residence, if known,
prepaid, and with instructions to with postage fully pre-paid, and
the postmaster to return the mail with instructions to the
to the sender after ten (10) days if postmaster to return the mail to
undelivered. If no registry service the sender after ten
is available in the locality of either (10) calendar days if
the sender or the addressee, undelivered. If no registry
service may be done by ordinary service is available in the locality
mail. of either the sender or the
addressee, service may be done
by ordinary mail

Rule 13, Sec. 8. Substituted Service. If Substituted Service. If service of The old and amended
service of pleadings, motions, pleadings, motions, notices, provisions are the same,
notices, resolutions, orders and resolutions, orders and other except for the amendment
other papers cannot be made papers cannot be made under the addressing gender sensitivity.
under the two preceding sections, two preceding sections, the office
the office and and place of residence of the
place of residence of the party or party or his or her counsel being
his counsel being unknown, unknown, service may be made
service may be made by by delivering the copy to the
delivering the copy to the clerk of court, with proof of
clerk of court, with failure of both personal service
proof of failure of both personal and service by mail. The service
service and service by mail. The

52

service is complete at the is complete at the time of such


time of such delivery. delivery.

Rule 13, Sec. 9 Service of Judgments, Final Orders or Service by Electronic Means and Under the old rule, Section 9
Resolutions. Judgments, final Facsimile. Service by electronic dealt with the manner of
orders or resolutions shall be means and facsimile shall be serving judgments, final
served either personally or by made if the party concerned orders or resolutions.
registered mail. When a party consents to such modes of
summoned by publication has service. The new Section 9 pertains to
failed to appear in the action, the manner of service by
judgments, final orders or electronic means and
resolutions against him shall be facsimile, which may only be
served upon him also by done if the party concerned
publication at the expense of the consents to such mode of
prevailing party service.

Service by electronic means It is made by sending an e-


shall be made by sending an e- mail to the party's or counsel's
mail to the party's or counsel's electronic mail address, or
electronic mail address, or through other electronic
through other electronic means means of transmission as the
of transmission as the parties parties may agree on, or upon
may agree on, or upon direction direction of the court. Thus, it
of the court. 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.

Service by facsimile shall be Service by facsimile shall be


made by sending a facsimile made by sending a facsimile

53

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

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.
Rule 13, Sec. 11 Priorities in Modes of Service and Change of Electronic Mail The old section 11 dealt with
Filing. Whenever practicable, the Address or Facsimile Number. A personal service as rule, being
service and filing of pleadings party who changes his or her the preferred mode of service.
and other papers shall be done electronic mail address or Section 11 under the
personally. Except with respect to facsimile number while the amendment, is a new
papers emanating from the court, action is pending mustinsertion. This section should
a resort to other modes must be promptly file, within five (5) be read with Section 9 which
accompanied by a written calendar days from such pertains to service my
explanation why the service or change, a notice of change of e-electronic means, when
filing was not done personally. A mail address or
consented to by the parties or
violation of this Rule may be facsimile number with the court when directed by the court.
cause to consider the paper as not and serve the notice on all other
filed. 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

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.

Rule 13, Sec. 12 Proof of filing. The filing of a Electronic Mail and Facsimile The original Section 12 talks
pleading or paper shall be proved Subject and Title of Pleadings about what is the proof of
by its existence in the record of the and Other Documents. The filing.
case. If it is not in the record, but subject of the electronic mail
is claimed to have been filed and facsimile must follow the Section 12, under the
personally, the filing shall be prescribed format: case number, amendment, is a new
proved by the written or stamped case title and the pleading, insertion. It deals with the
acknowledgment of its filing by order or document title. The format for filing by email or
the clerk of court on a copy of the title of each electronically-filed facsimile.
same; if filed by registered mail, or served pleading or other
by the registry receipt and by the document, and each submission The purpose of the format is
affidavit of the person who did served by facsimile shall for the same to contain
the mailing, containing a full contain sufficient information sufficient information to
statement of the date and to enable the court to ascertain enable to court to ascertain the
place of depositing the mail in the from the title: (a) the party or from the title: (a) the party or
post office in a sealed envelope parties filing or serving the parties filing or serving the
addressed to the court, with paper, (b) nature of the paper, paper, (b) nature of the paper,
postage fully prepaid, and with (c) the party or parties against (c) the party or parties against
instructions to the postmaster to whom relief, if any, is sought, whom relief, if any, is sought,
return the mail to the sender after and (d) the nature of the relief and (d) the nature of the relief
ten (10) days if not delivered. sought sought.

56

Hence, the subject of the email


or facsimile must contain: the
case number, case title and the
pleading, order or document
title.
Rule 13, Sec. 13 The amended Section 13 may be The old Section 13 pertained
compared with its counterpart to proof of service. The
provision under the old rules, amended Section 13 may be
which was under Section 9: compared with the old Section
9, as both deal with service of
Service of Judgments, Final Orders or Service of Judgments, Final Orders judgments, final orders or
Resolutions. Judgments, final or Resolutions. Judgments, final resolutions.
orders or resolutions shall be orders, or resolutions shall be
served either personally or by served either personally or by The first portion of the
registered mail. When a party registered mail. Upon ex amended Section 13 is similar
summoned by publication has parte motion of any party in the to the old, where service is
failed to appear in the action, case, a copy of the judgment, done personally or by
judgments, final orders or final order, or resolution may be registered mail.
resolutions against him shall be delivered by accredited courier
served upon him also by at the expense of such There is a new addition the
publication at the expense of the party. When a party summoned service may be done by
prevailing party 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
The old Section 13 provides for be by courier, since such mode
proof of service: may be availed of upon ex-
Proof of Service. Proof of personal parte motion, or without
service shall consist of a written notice to the other party.

57

admission of the party served, or


the official return of the server, or The remaining provision of
the affidavit of the party serving, service when the party was
containing a full statement of the summoned by publication is
date, place and manner of service. the same, except for
If the service is by ordinary mail, amendments that address
proof thereof shall consist of an gender sensitivity.
affidavit of the person
mailing of facts showing This provision should be read
compliance with Section 7 of this with Rule 13, Sections 3 and
Rule. If service is made by 14.
registered mail, proof shall be
made by such affidavit and the While the rules provide for
registry receipt issued by the additional modes of filing and
mailing office. The registry return service, ie., courier and
card shall be filed immediately electronic transmission, still,
upon its receipt by the sender, or the following should not be
in lieu thereof the unclaimed served or filed electronically,
letter together with the certified or and should instead be filed
sworn copy of the notice given by or served personally, or by
the postmaster to the addressee 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

58

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.
Rule 13, Sec. 14 Notice of Lis Pendens. In an action Conventional Service or Filing of The original Section 14 dealth
affecting the title or the Orders, Pleadings and Other with notice of lis pendens.
right of possession of real Documents. Notwithstanding
property, the plaintiff and the the foregoing, the following Section 14, under the
defendant, when affirmative orders, pleadings, and other amendment is a new
relief is claimed in his answer, documents must be served or insertion. It should be read
may record in the office of the filed personally or by registered together with Rule 13,
registry of deeds of the province mail when allowed, and shall Sections 3 and 13. Thus, while
in which the property is situated a not be served or filed there may be service and
notice of the pendency of the electronically, unless express filing by electronic or courier
action. Said notice shall contain permission is granted by the service, still, for the following
the names of the parties and the Court: instances, there should be
object of the action or defense, and

59

a description of the property in (a) Initiatory pleadings and personal filing or service (or
that province affected thereby. initial responsive pleadings, registered when allowed):
Only from the time of filing such such as an answer; (a) Initiatory pleadings and
notice for record shall a (b) Subpoenae, protection initial responsive pleadings,
purchaser, or orders, and writs; such as an answer;
encumbrancer of the property (c) Appendices and exhibits to (b) Subpoenae, protection
affected thereby, be deemed to motions, or other documents orders, and writs;
have constructive notice of the that are not readily amenable to (c) Appendices and exhibits to
pendency of the action, and electronic scanning may, at the motions, or other documents
only of its pendency against the option of the party filing such, that are not readily amenable
parties designated by their real be filed and served to electronic scanning may, at
names. conventionally; and the option of the party filing
(d) Sealed and confidential such, be filed and served
The notice of lis documents or records. conventionally; and
pendens hereinabove mentioned (d) Sealed and confidential
may be cancelled only upon documents or records.
order of the court, after proper
showing that the notice is for the By exception, the foregoing
purpose of molesting the adverse may be filed or served
party, or that it is not necessary to electronically with the express
protect the rights of the party who permission granted by the
caused it to be recorded. court.

60

Rule 13, Sec. 15 There is no section 15 under the Section 15, under the
old rule. However, the new amendment, is a new
Section 15 may be compared with insertion. This new insertion
the original Section 10, which may be compared with the old
deals with the same subject of Section 10, which deals with
completeness of service as the the same subject matter of
new insertion. completeness of service.

Completeness of Service. Personal Completeness of Service. Personal For the first part, with respect
service is complete upon actual service is complete upon actual to how personal service under
delivery. Service by ordinary mail delivery. Service by ordinary the provision, as amended, is
is complete upon the mail is complete upon the essentially the same as the old
expiration of ten (10) days after expiration of ten rule, except that the 10-day
mailing, unless (10) calendar days after mailing, period was changed to 10
the court otherwise provides. unless the court otherwise calendar days.
Service by registered mail is provides. Service by registered
complete upon actual receipt by mail is complete upon actual The completeness of of service
the addressee, or after five (5) receipt by the addressee, or after by registered mail under the
days from the date he received the five (5) calendar days from the amendment is also the same
first notice of the postmaster, date he or she received the first as the old rule, except that the
whichever date is earlier. notice of the postmaster, 5-day period was changed to 5
whichever date is earlier. Service calendar days.
by accredited courier is
complete upon actual receipt by The amendment includes new
the addressee, or after at least provisions on when service by
two (2) attempts to deliver by accredited courier is done, it is
the courier service, or upon the deemed completed upon
expiration of five (5) calendar actual receipt by the
days after the first attempt to addressee, similar to
deliver, whichever is earlier. completeness of service by
registered mail. However, the
rule also takes into account

61

Electronic service is complete at instances when courier


the time of the electronic service might fail or there is
transmission of the document, no showing of actual receipt.
or when available, at the time Hence, service by courier is
that the electronic notification also complete after at least 2
of service of the document is attempts by courier service or
sent. upon expiration of 5 days
after first attempt to deliver,
which ever is earlier.

Electronic service is not For electronic service, it is


effective or complete if the complete at the time of
party serving the document electronic transmission of the
learns that it did not reach the document, or if available, at
addressee or person to be the time the electronic
served. 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 Service by facsimile is also


transmission is complete upon complete upon receipt by the
receipt by the other party, as party which should be
indicated in the facsimile indicated in the facsimile
transmission printout. transmission printout.

62

Rule 13, Sec. 16 There is no section 16 under the Section 16, under the
old rule. However, the new amendment, is a new
Section 16 may be compared with insertion. This new insertion
the original Section 12, which may be compared with the old
deals with the same subject of Section 12, which deals with
proof of filing as the new the same subject matter of
insertion. proof of filing.

The old section 12 provides for


proof of filing:

Proof of filing. The filing of a Proof of Filing. The filing of a


pleading or paper shall be proved pleading or any other court The term “paper” under the
by its existence in the record of the submission shall be proved by old rule was changed to “any
case. If it is not in the record, but its existence in the record of the other court submission”.
is claimed to have been filed case.
personally, the filing shall be (a) If the pleading or any other
proved by the written or stamped court submission is not in the Proof of personal filing is still
acknowledgment of its filing by record, but is claimed to have the same under the
the clerk of court on a copy of the been filed personally, the filing amendment as with the old
same; if filed by registered mail, shall be proven by the written or rule.
by the registry receipt and by the stamped acknowledgment of its
affidavit of the person who did filing by the clerk of court on a
the mailing, containing a full copy of the pleading or court
statement of the date and submission;
place of depositing the mail in the
post office in a sealed envelope (b) If the pleading or any other
addressed to the court, with court submission was filed by Proof of registered filing
postage fully prepaid, and with registered mail, the filing shall under the amendment is still
instructions to the postmaster to be proven by the registry receipt the same as the old rule,
return the mail to the sender after and by the affidavit of the except for some revisions that
ten (10) days if not delivered. person who mailed it, changed some of the wording

63

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 Paragraph (c) is a new


court submission was filed insertion. Filing by accredited
through an accredited courier courier shall be proven by an
service, the filing shall be affidavit of service of the
proven by an affidavit of service person who brought the
of the person who brought the pleading or document to the
pleading or other document to service provider, together
the service provider, together with the courier’s official
with the courier's official receipt and tracking number.
receipt and document The official receipt and
tracking number. tracking number is akin to the
registry receipt for registered
filing.

(d) If the pleading or any other Paragraph (d) is a new


court submission was filed by insertion. The filing by e-mail
electronic mail, the same shall shall be proved by the
be proven by an affidavit of affidavit of electronic filing,
electronic filing of the filing accompanied by a paper copy
party accompanied by a paper of the pleading or other
copy of the pleading or other document transmitted, or a

64

document transmitted or a written or a written or


written or stamped stamped acknowledgment of
acknowledgment of its filing by its filing by the clerk of court.
the clerk of court. If the paper It appears that the attachment
copy sent by electronic mail was to the affidavit is thus either
filed by registered mail, the copy of the pleading
paragraph (b) of this Section transmitted or a written
applies. 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.

(e) If the pleading or any other Paragraph (e) is a new


court submission was filed insertion. Unlike filing by
through other authorized email, the proof of filing by
electronic means, the same shall other electronic means
be proven by an affidavit of authorized by the court is by
electronic filing of the filing affidavit and with attached
party accompanied by a copy of copy of the electronic
the electronic acknowledgment acknowledgment of its filing
of its filing by the court. by the court. For e-mail, proof
of filing is by affidavit with
attached copy of the

65

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.

Rule 13, Sec. 17 There is no section 17 under the Section 17 under the amended
old rule. However, the new rule is a new insertion. This
Section 17 may be compared with new insertion may be
the original Section 13, which compared with the old Section
deals with the same subject of 13, which deals with the same
proof of service subject matter of proof of
service.
The old Section 13 provides for
proof of service:
Proof of Service. Proof of personal Proof of Service. Proof of personal The amended first provision
service shall consist of a written service shall consist of a written on the proof of personal
admission of the party served, or admission of the party served, or service is the same as the old
the official return of the server, or the official return of the server, rule.
the affidavit of the party serving, or the affidavit of the party
containing a full statement of the serving, containing a statement
date, place and manner of service. of the date, place, and manner of
If the service is by ordinary mail, service. If the service is made
proof thereof shall consist of an by:
affidavit of the person (a) Ordinary mail. — Proof Proof of service by ordinary
mailing of facts showing thereof shall consist of an mail is the same under the old
compliance with Section 7 of this affidavit of the person mailing and the amended rule. Note
Rule. If service is made by stating the facts showing that ordinary mail may only
registered mail, proof shall be be availed of as a mode of

66

made by such affidavit and the compliance with Section 7 of this service if no registry service is
registry receipt issued by the Rule. available in the locality of
mailing office. The registry return either the sender or the
card shall be filed immediately (b) Registered mail. — Proof addressee, pursuant to Rule
upon its receipt by the sender, or shall be made by the 13, Section 7
in lieu thereof the unclaimed affidavit mentioned above and
letter together with the certified or the registry receipt issued by the The proof of service by
sworn copy of the notice given by mailing office. The registry registered mail is the same
the postmaster to the addressee 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 service by e-mail, facsimile or


shall be made by an affidavit of other authorized electronic
service executed by the person means of transmission is
who sent the e-mail, facsimile, proven by an affidavit of
or other electronic transmission, service by the person who
together with a printed proof of sent the e-mail, facsimile, or
transmittal. 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.

68

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 This provision is a new
old rule. Documents. The court may insertion. This should be read
electronically serve orders and in relation to Section 13, Rule
other documents to all the 13, which provides that
parties in the case which shall service of judgments, final
have the same effect and orders or resolutions shall be
validity as provided herein. A done personally or registered
paper copy of the order or other mail. It may also be done by
document electronically served accredited courier at the
shall be retained and attached to instance of a party upon ex-
the record of the case. 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

70

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.

Rule 13, Sec. 19 There is no section 19 under the Section 19 under the amended
old rule. However, the new rule is a new insertion. This
Section 19 may be compared with new insertion may be
the original Section 14, which compared with the old Section
deals with the same subject of 14, which deals with the same
notice of lis pendens subject matter of notice of lis
pendens
The old Section 14 provides for
notice of lis pendens:

Notice of Lis Pendens. In an action Notice of Lis Pendens. In an action The provisions under the old
affecting the title or the affecting the title or the right of and amended rules are the
right of possession of real possession of real property, the same except for the
property, the plaintiff and the plaintiff and the defendant, amendment to address
defendant, when affirmative when affirmative relief is gender sensitivity.
relief is claimed in his answer, claimed in his or her answer,
may record in the office of the may record in the office of the
registry of deeds of the province registry of deeds of the province
in which the property is situated a in which the property is situated
notice of the pendency of the a notice of the pendency of the
action. Said notice shall contain action. Said notice shall contain
the names of the parties and the the names of the parties and the
object of the action or defense, and object of the action or defense,

71

a description of the property in and a description of the property


that province affected thereby. in that province affected thereby.
Only from the time of filing such Only from the time of filing such
notice for record shall a notice for record shall a
purchaser, or purchaser, or encumbrancer of
encumbrancer of the property the property affected thereby, be
affected thereby, be deemed to deemed to have constructive
have constructive notice of the notice of the pendency of the
pendency of the action, and action, and only of its pendency
only of its pendency against the against the parties designated by
parties designated by their real their real names.
names.

The notice of lis The notice of lis


pendens hereinabove mentioned pendens hereinabove mentioned
may be cancelled only upon may be cancelled only upon
order of the court, after proper order of the court, after proper
showing that the notice is for the showing that the notice is for the
purpose of molesting the adverse purpose of molesting the adverse
party, or that it is not necessary to party, or that it is not necessary
protect the rights of the party who to protect the rights of the party
caused it to be recorded. who caused it to be recorded.
Rule 14, Sec. 1 Clerk to Issue Summons. Upon the Clerk to Issue Summons. Unless Under the old rule, upon
filing of the complaint and the the complaint is on its face filing of the complaint and
payment of the requisite legal dismissible under Section 1, payment of the legal fees, the
fees, the clerk of court shall Rule 9, the court shall, within clerk of court shall issue the
forthwith issue the corresponding five (5) calendar days from summons, without any period
summons to the defendants. 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 Contents. The summons shall be Section 2 under the old rule is
directed to the defendant, signed directed to the defendant, signed essentially the same as the
by the clerk of court under seal, by the clerk of court under seal, amended rule, except that
and contain: and contain: Section 2, as amended,
(a) the name of the court and the (a) The name of the court and the includes an additional
names of the parties to the action; names of the parties to the action; provision, that the summons
(b) a direction that the defendant (b) When authorized by the shall contain an authorization
answer within the time fixed by court upon ex parte motion, an issued by the court upon
these Rules; (c) a notice that unless authorization for the plaintiff to plaintiff for the plaintiff to
the defendant so answers, serve summons to the serve summons on defendant.
plaintiff will take judgment by defendant; The plaintiff my move ex-
default and may be granted the (c) A direction that the defendant parte to be authorized to serve
relief applied for. answer within the time fixed by summons on defendant. This
these Rules; and is a new insertion and allows
(d) A notice that unless the the plaintiff, if authorized by
defendant so answers, plaintiff the court, to effect service of
will take judgment by default summons. However, this
and may be granted the relief should be read with Section 3
applied for. of Rule 14, which provides
A copy of the complaint and order A copy of the complaint and that the plaintiff may serve
for appointment of guardian ad order for appointment of summons together with the
litem, if any, shall be attached to guardian ad litem, if any, shall be sheriff, only when the sheriff,
the original and each copy of the attached to the original and each the sheriff’s deputy or proper
summons. copy of the summons. 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

75

to have first failed to serve


summons before the plaintiff
may be authorized by the
court.
Rule 14, Sec. 3 By Whom Served. The summons By Whom Served. The summons This amended provision
may be served by the sheriff, his may be served by the sheriff, should be read together with
deputy, or other his or her deputy, or other Section 2, Rule 14. The
proper court officer, or for proper court officer, and in case plaintiff may thus move ex-
justifiable reasons by any suitable of failure of service of summons parte to serve summons only
person authorized by by them, the court may when the the sheriff, the
the court issuing the summons authorize the plaintiff — to sheriff’s deputy or proper
serve the summons — together court officer fails to serve
with the sheriff. summons. The plaintiff will
serve summons together with
In cases where summons is to be the sheriff.
served outside the judicial However, it appears that if
region of the court where the service shall be done outside
case is pending, the plaintiff the judicial region of the court
shall be authorized to cause the where the case is pending,
service of summons. then there is no need of prior
failure to serve by the sheriff,
If the plaintiff is a juridical the sheriff’s deputy or proper
entity, it shall notify the court, court before the plaintiff may
in writing, and name its be authorized to serve
authorized representative summons.
therein, attaching a board
resolution or secretary's If the plaintiff is a juridical
certificate thereto, as the case entity, the plaintiff must make
may be, stating that such known to the court its
representative is duly authorized representative, as
authorized to serve the evidenced by a board

76

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

unless it is recalled by the court. If it is not served, it remains


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

Return. When the service has been being served on any or all of
completed, the server shall, the defendants or if the same
within five (5) days therefrom, is lost.
serve a copy of the return,
personally or by registered mail, With the amendment, it
to the plaintiff's counsel, and shall appears that if the summons is
return the summons to the clerk not served, rather than
who issued it, accompanied by seeking alias summons, the
proof of service. 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

78

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 The amended Section 6 may
compared with the old Section 7 be compared with the old
which deals with the same matter Section 7 which deals with the
of substituted service: same matter of substituted
service:
Substituted Service. If, for Substituted Service. If, for The amended provision
justifiable causes, the defendant justifiable causes, the defendant already incorporated
cannot be served within a cannot be served within a jurisprudence that requires 3
reasonable time as provided in the reasonable time as provided in attempts on 2 different dates
preceding section, service may be the preceding section personally before substituted service
effected (a) by leaving after at least three (3) attempts may be availed of. However,
copies of the summons at the on two (2) different dates, the “within a reasonable time”
defendant's residence with some service may be effect: was deleted. Said provision
person of suitable age and was construed by
discretion then residing therein, (a) By leaving copies of the jurisprudence as a period of
or (b) by leaving the copies at summons at the defendant's 30 days. This does not mean
defendant's office or regular residence to a person at least that the 30-day period to be
place of business with some eighteen (18) years of age and of considered as reasonable
competent person in charge sufficient dissection period is no longer required,
thereof. residing therein; as long as there is service on 2
(b) By leaving copies of the different dates with 3
The old Section 6 provides: summons at the defendant's attempts. It appears that
office or regular place of business compliance with the 30-day
Service in Person on Defendant. — with some competent person in reasonable period still applies
Whenever practicable, the charge thereof. A competent because of Section 20, Rule 14
summons shall be served by person includes, but is not of the amended rules, which
handing a copy thereof to the limited to, one who customarily makes mention of the same
defendant in person, or, if he receives correspondences for period within which the
refuses to receive and sign for it, the defendant; process service must complete
by tendering it to him. (7a) (c) By leaving copies of the service of summons, and if not
summons, if refused entry upon served within 30 days, then
making his or her authority and the return should mention the

80

purpose known, with any of the impossibility to do so within


officers of the homeowners' said period, among others.
association or condominium
corporation, or its chief security Unlike the old rule where
officer in charge of the substituted service may be
community or the building made to any person of
where the defendant may be suitable age and discretion
found; and (not necessarily age of
(d) By sending an electronic majority), the amended rule
mail to the defendant's requires service on those of
electronic mail address, if legal age with sufficient
allowed by the court. 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

81

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

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 The amended Section 8 may
compared with the old Section 9 be compared with the old
which deals with the same matter Section 9 which deals with the
of service upon prisoners: same matter of service upon
prisoners:

Service Upon Prisoners. When the Service upon Prisoners. When the The old and amended
defendant is a prisoner confined defendant is a prisoner confined provisions are almost the
in a jail or institution, service shall in a jail or institution, service same except that there is an
be effected upon him by the shall be effected upon him or amendment to address
officer having the her by the officer having the gender sensitivity and the
management of such jail or management of such jail or word deputized was deleted,
institution who is deemed institution who is deemed which does not change the
deputized as a special sheriff for deputized as a special sheriff for import of the provision, since
said purpose. said purpose. The jail warden the officer having
shall file a return within five (5) management of the jail is still
calendar days from service of deemed as a special sheriff for
The old Section 8 provides: summons to the defendant. the purpose of effective
service upon prisoners.
Service Upon Entity Without
Juridical Personality. When The amended provision adds
persons associated in an entity the obligation of the jail

84

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

85

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

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 liquidation, service of wherever they may be found.
entity is not registered in the summons shall be made on the Additionally, in their absence,
Philippines or has no resident receiver or liquidator, as the service may be made on their
agent, service may, with leave of case may be. secretaries. Usually, the
court, be effected out of the process server are only able to
Philippines through any of the Should there be a refusal on the talk with these secretaries,
following means: part of the persons above- who would usually say that
mentioned to receive summons said officers were not there.
(a) By personal service coursed despite at least three (3) With the amendment, if the
through the appropriate court in attempts on two (2) different officers are not in the principal
the foreign country with the dates, service may be made place of office, then service
assistance of the Department of electronically, if allowed by the may be made on the
Foreign Affairs; court, as provided under secretaries. Under the old rile,
(b) By publication once in a Section 6 of this Rule. there would be need to make
newspaper of general circulation ||| 3 attempts on 2 separate dates
in the country where the before it can be served on the
defendant may be found and by secretaries as substituted
serving a copy of the summons service. With the amendment,
and the court order by registered in the absence of the officers,
mail at the last known address of service may be already
the defendant; directly made on the
(c) By facsimile or any recognized secretaries of these officers,
electronic means that could without the need of making 3
generate proof of service; or attempts on 2 separate days.
(d) By such other means as the
court may in its discretion direct If it cannot be made on the
(As amended by A.M. No. 11-3-6- officers or said secretaries of
SC, 15 March 2011) 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. Duty of Counsel of Record. This is an entirely new
When the defendant is the Where the summons is provision. In essence, this
Republic of the Philippines, improperly served and a lawyer amended Section 13 provides
service may be effected on the makes a special appearance on that if there is improper
Solicitor General; in case of a behalf of the defendant to, service of summons of
province, city or municipality, or among others, question the summons on the defendant
like public corporations, service validity of service of summons, and the counsel of defendant
may be effected on its executive the counsel shall be deputized assails the jurisdiction over
head, or on such other officer or by the court to serve summons the person of the defendant by
officers as the law or on his or her client. special appearance, rather
the court may direct. 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

91

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.
Rule 14, Sec. 14 The amended Section 14 may be The old Section 14 provides
compared with the old Section 12 for service on defendant
which deals with the same matter whose identity or
of service upon foreign private whereabouts are unknown.
judicial entity: The amended Section 14 may
be compared with the old 12
Service Upon Foreign Private Service upon Foreign Private which deals with the same
Juridical Entity. When the Juridical Entities. When the matter of service upon foreign
defendant is a foreign private defendant is a foreign private private judicial entity.
juridical entity which has juridical entity which has
transacted business in the transacted or is doing business There is a revision on the
Philippines, service may be made in the Philippines, as defined by coverage of the rule. It
on its resident agent designated in law, service may be made on its clarifies that it covers foreign
accordance with law for that resident agent designated in judicial entities that
purpose, or, if there be no such accordance with law for that transacted or is doing
agent, on the government official purpose, or, if there be no such business in the Philippines as
designated by law to that effect, or 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 Solicitor General; in case of a upon public corporations. The
province, city or municipality, or province, city or municipality, or old and new provisions on
like public corporations, service like public corporations, service service upon public
may be effected on its executive may be effected on its executive corporations are the same.
head, or on such other officer or head, or on such other officer or
officers as the law or officers as the law or the court
the court may direct. 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 The amended Section 16 may
compared with the old Section 14 be compared with the old
which deals with the same matter Section 14 which deals with
of service upon defendant whose the same matter of service
identity or whereabouts are upon defendant whose
unknown: identity or whereabouts are
unknown.
Service Upon Defendant Whose Service upon Defendant Whose The amendment addresses
Identity or Whereabouts are Identity or Whereabouts are gender sensitivity and also
Unknown. In any action where the Unknown. In any action where prescribes a period to
defendant is designated as an the defendant is designated as an construe how long diligent
unknown owner, or the like, or unknown owner, or the like, or inquiry shall be considered as
whenever his whereabouts are whenever his or enough to warrant seeking
unknown and cannot be her whereabouts are unknown leave of court for service by
ascertained by diligent inquiry, and cannot be ascertained by publication. With the
service may, by leave of court, be diligent inquiry, within ninety amendment, there is now a
effected upon him by publication (90) calendar days from the period of 90 calendar days
in a newspaper of general commencement of the action, from the commencement of
circulation and in such places and service may, by leave of court, be action.
effected upon him or her by

96

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

97

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

98

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 The amended Section 18 may
compared with the old Section 16 be compared with the old
which deals with the same matter Section 16 which deals with
of residents temporarily out of the the same matter of residents
Philippines: temporarily out of the
Philippines.
Residents Temporarily Out of the Residents Temporarily Out of the The old Section 16 and Section
Philippines. When any action is Philippines. When any action is 18 under the amended rules
commenced against a defendant commenced against a defendant are exactly the same.
who ordinarily resides within the who ordinarily resides within
Philippines, but who is the Philippines, but who is
temporarily out of it, service may, temporarily out of it, service
by leave of court, be also effected may, by leave of court, be also
out of the Philippines, as under effected out of the Philippines, as
the preceding section. 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 The amended Section 19 may
compared with the old Section 17 be compared with the old
which deals with the same matter Section 17 which deals with
of Leave of Court: the same matter of Leave of
Court. The old Section 17 and
Leave of Court. Any application to Leave of Court. Any application to Section 19 under the amended
the court under this Rule for leave the court under this Rule for rules are exactly the same.
to effect service in any manner for leave to effect service in any
which leave of court is necessary manner for which leave of court
shall be made by motion in is necessary shall be made by
writing, supported by motion in writing, supported by
affidavit of the plaintiff or some affidavit of the plaintiff or some
person on his behalf, setting forth person on his behalf, setting
the grounds for the application. forth the grounds for the
application.
The old Section 19 provides:

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 The old rule provides that the
be deemed a voluntary personal service within a period return must be made within 5
appearance of thirty (30) calendar days from days from the time the service.
issue and receipt of summons; And the return is made to the
(2) The date and time of the clerk of court who issued
three (3) attempts on at least (2) summons with proof of
two different dates to cause service. Under the amended
personal service and the details rule, it provides that the
of the inquiries made to locate return shall be made within 5
the defendant residing thereat; calendar days by filing it with
and the court and serving on
(3) The name of the person at plaintiff’s counsel.
least eighteen (18) years of age
and of sufficient discretion The old rule on return
residing thereat, name of provides that the return shall
competent person in charge of be served on plaintiff’s
the defendant's office or regular counsel personally or by
place of business, or name of registered mail. The amended
the officer of the homeowners' rule provides, in addition, it
association or condominium may be served also by
corporation or its chief security electronic means authorized
officer in charge of the by the rules.
community or building where
the defendant may be found. 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

102

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

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.
Rule 14, Sec. 21 There is no Section 21 under the There is no Section 21 under
old rules, but the new Section 21 the old rules, but the new
may be compared with the old Section 21 may be compared
Section 18, which deals with the with the old Section 18, which
same subject of Proof of Service: deals with the same subject of
Proof of Service.
Proof of Service. The Proof of Service. The proof of The first paragraph is the
proof of service of a summons service of a summons shall be same, except for the
shall be made in writing by the made in writing by the server amendment to address
server and shall set forth the and shall set forth the manner, gender sensitivity.
manner, place, and place, and date of service; shall
date of service; shall specify any specify any papers which have The second paragraph is a
papers which have been served been served with the process and new insertion. The proof of
with the process and the the name of the person who service by e-mail shall be a
name of the person who received received the same; and shall be print out of the e-mail with a
the same; and shall be sworn to sworn to when made by a person copy of the summons as
when made by a person other other than a sheriff or his or served, and the affidavit of the
than a sheriff or his deputy. her deputy. person mailing.

If summons was served by


electronic mail, a printout of
said e-mail, with a copy of the

104

summons as served, and the


affidavit of the person mailing,
shall constitute as proof of
service.
|||

Rule 14, Sec. 22 There is no Section 22 under the There is no Section 22 under
old rules, but the new Section 22 the old rules, but the new
may be compared with the old Section 22 may be compared
Section 19, which deals with the with the old Section 19, which
same subject of Proof of Service by deals with the same subject of
Publication: Proof of Service by
Publication.
Proof of Service by Publication. If Proof of Service by Publication. If The amended provision
the service has been made by the service has been made by changed printer to publisher,
publication, service may be publication, service may be and deleted “the foreman or
proved by the affidavit of the proved by the affidavit of principal clerk: from those
printer, his foreman or principal the publisher, his foreman or who may execute the
clerk, or of the editor, business or principal clerk, or of the editor, affidavit. There was also an
advertising manager, to which business or advertising manager, amendment to address
affidavit a copy of the publication to which affidavit a copy of the gender sensitivity.
shall be attached, and by an publication shall be attached and
affidavit showing the deposit of a by an affidavit showing the
copy of the summons and order deposit of a copy of the
for publication in the post office, summons and order for
postage prepaid, directed to the publication in the post office,
defendant by registered mail to postage prepaid, directed to the
his last known address. defendant by registered mail to
his or her last known address.

105

Rule 14, Sec. 23 There is no Section 23 under the Prior to the amendment the
old rules, but the new Section 23 old rule and jurisprudence
may be compared with the old provide that a defendant who
Section 20, which deals with the files a motion to dismiss,
same subject of voluntary assailing the jurisdiction of
appearance: the court over his person,
together with other grounds
Voluntary Appearance. The Voluntary Appearance. The raised therein, is not deemed
defendant's voluntary defendant's voluntary to have appeared voluntarily
appearance in the action shall be appearance in the action shall be before the court. There is only
equivalent to service of summons. equivalent to service of voluntary appearance if such
The inclusion in a motion to summons. The inclusion in a was made without
dismiss of other grounds aside motion to dismiss of other qualification, or by waiving
from lack of jurisdiction over the grounds aside from lack of his defense of lack of
person of the defendant shall not jurisdiction over the person of jurisdiction over his person
be deemed a voluntary the defendant shall be deemed a due to improper service of
appearance 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 Motions Must be in Writing. All The first paragraphs of the old
Writing. — All motions shall be in motions shall be in writing and new rule are the same.
writing except those made in except those made in open court The second and third
open court or in the course of a or in the course of a hearing or paragraphs under the
hearing or trial. trial. amended rule are new
insertions.
A motion made in open court or The second paragraph
in the course of a hearing or trial provides that motions made
should immediately be resolved in open court/in the course of
in open court, after the adverse a hearing should already be
party is given the opportunity to immediately resolved in open
argue his or her opposition court, after the other party is
thereto. given opportunity to argue
When a motion is based on facts his opposition thereto.
not appearing on record, the If a motion is based on facts
court may hear the matter on not appearing on record, the
affidavits or depositions court may hear the matter on
presented by the respective affidavits or depositions
parties, but the court may direct presented by the respective
that the matter be heard wholly parties, but the court may
or partly on oral testimony or direct that the matter be heard
depositions. wholly or partly on oral
||| testimony or depositions.

Rule 15, Sec. 4 Hearing of Motion. Except for Non-Litigious Motions. The original Section 4 on
motions which the court may act Motions which the court may hearing of motion was
upon without prejudicing the act upon without prejudicing deleted. Prior to the
rights of the adverse party, every the rights of adverse parties are amendment, all motions that
written motion shall be set for non-litigious motions. These the court cannot act on
hearing by the applicant. motions include: without prejudicing the rights
a) Motion for the issuance of of the adverse party must be
an alias summons; set for hearing (Ti vs. Diño,

108

b) Motion for extension to file G.R. No. 219260, 6 November


answer; 2017) Section 4, Rule 15 under
c) Motion for postponement; the old rule was a mandatory
d) Motion for the issuance of a requirement and failure to
writ of execution; comply with the same renders
e) Motion for the issuance of the motion fatally defective
an alias writ of execution; (Dela Peña v. Dela Peña, G.R.
f) Motion for the issuance of a No. 116693, 5 July 1996) It was
writ of possession; required that the litigious
g) Motion for the issuance of an motion should be set for
order directing the sheriff to hearing within 10 days from
execute the final certificate of filing of the motion and the
sale; and other party must be given
h) Other similar motions. notice thereof at least 3 days
These motions shall not be set before the hearing on the
for hearing and shall be motion. This was also known
resolved by the court within as the 3-day notice rule. The
five (5) calendar days from foregoing jurisprudential
receipt thereof. pronouncement and rule no
Rule 15, Sec. 5 Notice of Hearing. The Litigious Motions. longer holds true with the
notice of hearing shall be (a) Litigious motions include: amendment. The new
addressed to all parties 1) Motion for bill of particulars; Sections 4 and 5 now
concerned, and shall specify the 2) Motion to dismiss; enumerate which motions are
time and date of the hearing 3) Motion for new trial; litigious and non litigious.
which must not be later than ten 4) Motion for reconsideration; Non litigious motions are
(10) days after the filing of the 5) Motion for execution those that the court may act on
motion. pending appeal; without prejudicing the rights
6) Motion to amend after a of the adverse party, and in
responsive pleading has been which case, the motion shall
filed; not be set for hearing and
7) Motion to cancel statutory shall just be resolved by the
lien;

109

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 given 10-15 days within


hearing on Friday afternoons, or if which to file said
Friday is a non-working day, in comment/opposition or
the afternoon of the next working reply. With the amendment,
day. 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

112

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

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.
Rule 15, Sec. 8 The new Section 8 may be The new Section 8 may be
compared with the old Section 7, compared with the old Section
which deals with the same subject 7, which deals with the same
of Motion day: subject of Motion day. With
the amended Section 8, the
Motion Day. Except for motions Motion Day. Except for motions motion day, in instances
requiring immediate action, all requiring immediate where the court decides to
motions shall be scheduled for action, where the court decides conduct hearing on a litigious
hearing on Friday afternoons, or if to conduct hearing on a litigious motion, will only be set on
Friday is a non-working day, in motion, the same shall be set on Fridays, unless there are
the afternoon of the next working a Friday. motions that require
day. immediate action. This is
unlike the old rule where the
The old Section 8 provides: movant set the hearing on a
Friday by stating the date
Omnibus Motion. Subject to the thereof in the Notice of
provisions of Section 1 of Rule 9, a Hearing in the Motion, which

114

motion attacking a pleading, must be set within 10 days


order, judgment, or proceeding from filing and with notice to
shall include all objections then the other party at least 3 days
available, and all objections not so before said motion hearing.
included shall be deemed Now, only motions that the
waived. court decides in its discretion
needs hearing will be set for
such hearing

Rule 15, Sec. 9 The new Section 9 may be The new Section 9 may be
compared with the old Section 8, compared with the old Section
which deals with the same subject 8, which deals with the same
matter of Omnibus Motion: subject matter of Omnibus
Motion. The old Section 8 and
Omnibus Motion. Subject to the Omnibus Motion. Subject to the the new Section 9 on Omnibus
provisions of Section 1 of Rule 9, a provisions of Section 1 of Rule 9, Motion are exactly the same.
motion attacking a pleading, a motion attacking a pleading,
order, judgment, or proceeding order, judgment, or proceeding
shall include all objections then shall include all objections then
available, and all objections not so available, and all objections not
included shall be deemed so included shall be deemed
waived. 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.

115

Rule 15, Sec. 10 The new Section 10 may be The new Section 10 may be
compared with the old Section 9, compared with the old Section
which deal with the same subject 9, which deal with the same
matter of motion for leave: subject matter of motion for
leave. The old Section 9 and
Motion for Leave. A motion for Motion for Leave. A motion for the new Section 10 on Motion
leave to file a pleading or motion leave to file a pleading or motion for leave are exactly the same.
shall be accompanied by the shall be accompanied by the
pleading or motion sought to be pleading or motion sought to be
admitted. 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 There is no Section 11 under
old rule. The new Section 11 may the old rule. The new Section
nevertheless be compared with 11 may nevertheless be
the old Section 10, which deals compared with the old Section
with the same subject matter of 10, which deals with the same
form: subject matter of form. Section
10 under the old rule and the
Form. The Rules applicable to Form. The Rules applicable to new Section 11 both dealing
pleadings shall apply to written pleadings shall apply to written with Form are exactly the
motions so far as concerns motions so far as concerns same.
caption, designation, signature, caption, designation, signature,
and other matters of form. and other matters of form.

116

Rule 15, Sec. 12 There is no Section 12 under the Prohibited Motions. The This is a new insertion. There
old rule. following motions shall not be was no provision on
allowed: prohibited motions under the
(a) Motion to dismiss except on old rules.
the following grounds:
1) That the court Rule 16 on Motions to Dismiss
has no jurisdiction over the has been deleted because its
subject matter of the claim; provisions have been either
2) That there is another action deleted or transferred under
pending between the same different rules.
parties for the same cause; and
3) That the cause of action is The amended rules provide
barred by a prior judgment or that a motion to dismiss shall
by the statute of limitations. not be allowed except only for
(b) Motion to hear affirmative the non waivable grounds
defenses; under Section 1, Rule 9. With
(c) Motion for reconsideration the deleted Rule 16, no period
of the court's action on the is provided under the rules
affirmative defenses; when such motion to dismiss
(d) Motion to suspend may be filed. In any case, it
proceedings without a appears unnecessary to
temporary restraining order or provide a period to file a
injunction issued by a higher motion to dismiss since the
court; grounds under Sec. 1, Rule 9,
(e) Motion for extension of time are non-waivable. However,
to file pleadings, affidavits or the effect of this is unlike the
any other papers, except a old Section 1, Rule 16 in
motion for extension to file an relation to Section 4, Rule 16,
answer as provided by Section where the time to file an
11, Rule 11; and Answer would be tolled by a
(f) Motion for postponement motion to dismiss, with the
intended for delay, except if it is deletion of said Rule 16, it

117

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

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.

Rule 15, Sec. 13 There is no Section 13 under the There is no Section 13 under
old rule. However, this new the old rule. However, this
Section 13 may be compared with new Section 13 may be
the old (now deleted) Section 5 compared with the old (now
Rule 16, which provides: deleted) Section 5 Rule 16,
which provides. The
Effect of Dismissal. Subject to the Dismissal with Prejudice. paragraphs (f), (h) and (i) of
right to appeal, an order granting Subject to the right of appeal, an Section 1, Rule 16 referred to
a motion to dismiss based on order granting a motion to in the old Section 5, rule 16
paragraphs (f), (h) and (i) of dismiss or an affirmative pertain to (1) cause of action is
Section 1 hereof shall bar the defense that the cause of action barred by prior judgment or
refiling of the same action or is barred by a prior judgment or statute of limitations; (2) the
claim. by the statute of limitations; claim or demand set forth in
that the claim or demand set the plaintiff’s pleading was
forth in the plaintiff's pleading been waived, abandoned or
has been paid, waived, otherwise extinguished; and
abandoned or otherwise (3) the claim on which the
extinguished; or that the claim action is founded is
on which the action is founded unenforceable under the
is unenforceable under the provisions of the statute of
provisions of the statute of frauds. These grounds that
frauds, shall bar the refiling of cause dismissal with
the same action or claim. prejudice under the old rule

125

are the same as the amended


rule. The dismissal with
prejudice in such instances is
without prejudice to the right
of appeal.

Rule 16 Motion to Dismiss 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.

Rule 17, Sec. 2 Dismissal upon Dismissal upon Motion of Plaintiff. The old and the new
Motion of Plaintiff. Except as Except as provided in the provisions are the same
provided in the preceding section, preceding section, a complaint except for the amendment to
a complaint shall not be dismissed shall not be dismissed at the address gender sensitivity
at the plaintiff's instance save plaintiff's instance save upon and the 15 day period was
upon approval of the court and approval of the court and upon changed to 15 calendar days.
upon such terms and conditions such terms and conditions as the
as the court deems proper. If a court deems proper. If a
counterclaim has been pleaded by counterclaim has been pleaded
a defendant prior to the service by a defendant prior to the
upon him of the plaintiff's motion service upon him or her of the
for dismissal, the dismissal shall plaintiff's motion for dismissal,
be limited to the complaint. The the dismissal shall be limited to
dismissal shall be without the complaint. The dismissal
prejudice to the right of the shall be without prejudice to the
defendant to prosecute his right of the defendant to
counterclaim in a separate action prosecute his or

126

unless within fifteen (15) days her counterclaim in a separate


from notice of the motion he action unless within fifteen
manifests his preference to have (15) calendar days from notice of
his counterclaim resolved in the the motion he or she manifests
same action. Unless otherwise his or her preference to have
specified in the order, a dismissal his or her counterclaim resolved
under this paragraph shall be in the same action. Unless
without prejudice. A class suit otherwise specified in the order,
shall not be dismissed or a dismissal under this paragraph
compromised without the shall be without prejudice. A
approval of the court class suit shall not be dismissed
or compromised without the
approval of the court.
Rule 17, Sec. 3 Dismissal Due to Fault of Plaintiff. Dismissal Due to Fault of Plaintiff. The old and the new
If, for no justifiable cause, the If, for no justifiable cause, the provisions are the same
plaintiff fails to appear on the plaintiff fails to appear on the except for the amendment to
date of the presentation of his date of the presentation of his or address gender sensitivity
evidence in chief on the her evidence in chief on the
complaint, or to prosecute his complaint, or to prosecute his or
action for an unreasonable her action for an unreasonable
length of time, or to comply with length of time, or to comply with
these Rules or any these Rules or any order of the
order of the court, the complaint court, the complaint may be
may be dismissed upon dismissed upon motion of the
motion of the defendant or upon defendant or upon the court's
the court's own motion, without own motion, without prejudice
prejudice to the right of the to the right of the defendant to
defendant to prosecute his prosecute his or
counterclaim in the same or in a her counterclaim in the same or
separate action. This dismissal in a separate action. This
shall have the effect of an dismissal shall have the effect of
adjudication upon the merits, 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 When Conducted. After the The amendment qualifies the
pleading has been served and last responsive pleading has last pleading filed as the last
filed, it shall be the duty of the been served and filed, the responsive pleading filed.
plaintiff to promptly move ex branch clerk of court shall issue, Without the need for plaintiff
parte that the case be set for pre- within five (5) calendar days to move ex parte, the clerk of
trial. from filing, a notice of pre-trial court should issue the notice
which shall be set not later than of pre-trial within 5 calendar
sixty (60) calendar days from the days from filing of the last
filing of the last responsive responsive pleading, which
pleading. 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

128

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.

Rule 18, Sec. 2 Nature and Purpose. The pre-trial is Nature and Purpose. The pre-trial The amended rules adds that
mandatory. The court shall is mandatory and should be the pre-trial should be
consider: terminated promptly. terminated promptly.
(a) The possibility of an amicable (a) The possibility of an amicable
settlement or of a submission to settlement or of a submission to The provisions on: (1) the
alternative modes of dispute alternative modes of dispute necessity or desirability of
resolution; resolution; amendments to the pleadings;
(b) The simplification of the (b) The simplification of the and (2) the advisability or
issues; issues;

129

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


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

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.

Rule 18, Sec. 3 Notice of Pre-Trial. The Notice of Pre-Trial. The notice of The notice of pre-trial under
notice of pre-trial shall be served pre-trial shall include the dates the amended rule shall
on counsel, or on the party who respectively set for: already include the dates for
has no counsel. The counsel (a) Pre-trial; CAM and JDR, if necessary.
served with such notice is charged (b) Court-Annexed Mediation; Note that JDR is qualified as
with the duty of notifying the and “if necessary”. This should be
party represented by him||| (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

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.

Rule 18, Sec. 4 Appearance of Parties. It shall be the Appearance of Parties. It shall be Section 4 as amended
duty of the parties and their the duty of the parties and their categorically states that it is
counsel to appear at the pre-trial. counsel to appear at the pre- the duty of the parties and
The non-appearance of a party trial, court-annexed mediation, their counsel to appear at the
may be excused only if a valid and judicial dispute resolution, CAM, JDR (if necessary) and
cause is shown therefor or if a if necessary. The non- pre-trial. The only instances
representative shall appear in his appearance of a party and where the appearance may be
behalf fully authorized in writing counsel may be excused only for excused are: (1) acts of God;
to enter into an amicable acts of God, force majeure, or (2) force majeure; and (3)
settlement, to submit to duly substantiated physical substantiated physical
alternative modes of dispute inability. inability.
resolution, and to enter into A representative may appear on
stipulations or admissions of facts behalf of a party, but must be The authority for a
and of documents. 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

resolution, and to enter into


stipulations or admissions of
facts and documents.

Rule 18, Sec. 5 Effect of Failure to Appear. The Effect of Failure to Appear. When The amended Section 5
failure of the plaintiff to appear duly notified, the failure of the includes the counsel of
when so required pursuant to the plaintiff and counsel to plaintiff and the defendant.
next preceding section shall be appear without valid For the sanctions to apply,
cause for dismissal of the action. cause when so required, there must be due notice and
The dismissal shall be with pursuant to the next preceding failure to appear without
prejudice, unless otherwise Section, shall cause the dismissal valid cause.
ordered by the court. A similar of the action. The dismissal shall
failure on the part of the be with prejudice, unless The amended rule also now
defendant shall be cause to allow otherwise ordered by the court. sets a period within which the
the plaintiff to present his A similar failure on the part of ex parte presentation of
evidence ex parte and the court to the defendant and counsel shall evidence shall be set.
render judgment on the basis be cause to allow the plaintiff to
thereof. 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 Pre-Trial Brief. The parties shall With the amended Section 6,
file with the court and serve on file with the court and serve on the following are no longer
the adverse party, in such manner the adverse party, in such required to be included in the
as shall ensure their receipt manner as shall ensure their pre-trial brief:
thereof at least three (3) days receipt thereof at least three (1) A statement of their
before the date of the pre-trial, (3) calendar days before the date willingness to enter into
their respective pre-trial briefs of the pre-trial, their respective amicable settlement or
which shall contain, among pre-trial briefs which shall alternative modes of dispute
others: contain, among others: resolution, indicating the
(a) A statement of their (a) A statement of their desired terms thereof;
willingness to enter into amicable willingness to enter into (2) A manifestation of their
settlement or alternative amicable settlement or having availed or their
modes of dispute resolution, alternative modes of dispute intention to avail
indicating the desired terms resolution, indicating the desired themselves of discovery
thereof; terms thereof; procedures; and
(b) A summary of admitted facts (a) A concise statement of the (3) the number of witnesses.
and proposed stipulation of facts; case and the reliefs prayed for;
(c) The issues to be tried or (b) A summary of admitted facts The amended rules added as
resolved; and proposed stipulation of requirements:
(d) The documents or exhibits to facts; (1) A concise statement of the
be presented, stating the purpose (c) The main factual and case and the reliefs prayed for;
thereof; legal issues to be tried or (2) a distinction as to the
(e) A manifestation of their having resolved; issues – main legal and main
availed or their intention to avail (d) The propriety of referral of factual;
themselves of discovery factual issues to commissioners; (3) the propriety of referral of
procedures or referral to (e) A manifestation of their factual issues to
commissioners; and having availed or their intention commissioners, whereas the
(f) The number and names of the to avail themselves of discovery old rule mentioned only
witnesses, and the procedures; referral to commissioners;
substance of their respective (e) The documents or other (4) other object evidence to be
testimonies. object evidence to be marked, marked; and
stating the purpose thereof;

136

Failure to file the pre-trial brief (f) The number and names of the (5) A brief statement of points
shall have the same effect as witnesses, and the summary of of law and citation of
failure to appear at the pre-trial. their respective testimonies; and authorities.
(g) A brief statement of points
of law and citation of Failure to file pre-trial brief
authorities. has the same effect as failure
to appear the pre-trial.
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 The amended rule provides a
proceedings in the pre-trial shall termination of the pre-trial, the period within which the court
be recorded. Upon the court shall issue an order within shall issue the pre-trial order
termination thereof, ten (10) calendar days which (10 calendar days). The
the court shall issue an order shall recite in detail the matters amended rule is more specific
which shall recite in detail the taken up. The order shall as to what shall be contained
matters taken up in the include: in the pre-trial order, which
conference, the action taken (a) An enumeration of the even includes the applicable
thereon, the amendments allowed admitted facts; law, rules and jurisprudence.
to the pleadings, and the (b) The minutes of the pre-trial
agreements or admissions made conference; There will also be a case
by the parties as to any of the (c) The legal and factual issue/s flowchart to be determined by
matters considered. Should the to be tried; the court, which shall contain
action proceed to trial, the order (d) The applicable law, rules, the different stages of the
shall explicitly define and limit and jurisprudence; proceedings up to the
the issues to be tried. The (e) The evidence marked; promulgation of the decision,
contents of the order shall control (f) The specific trial dates for which is similar to the rules on
the subsequent course of the continuous trial, which shall be continuous trial for criminal
action, unless modified before within the period provided by cases.
trial to prevent manifest injustice. the Rules;
(g) The case flowchart to be There is also an incorporation
determined by the court, which in the rules of the one-day

137

shall contain the different witness and mort important


stages of the proceedings up to witness rules.
the promulgation of the
decision and the use of time Postponement of presentation
frames for each stage in setting of the parties' witnesses at a
the trial dates; scheduled date is prohibited,
(h) A statement that the one-day as it is even a prohibited
examination of witness rule and motion under Rule 15, but
most important witness rule subject to the exception that if
under A.M. No. 03-1-09- it is based on acts of
SC (Guidelines for Pre-Trial) God, force majeure or duly
shall be strictly followed; and substantiated physical
(i) A statement that the court inability of the witness to
shall render judgment on the appear and testify. The party
pleadings or summary who caused the
judgment, as the case may be. postponement is warned that
the presentation of its
The direct testimony of evidence must still be
witnesses for the plaintiff shall terminated within the
be in the form of judicial remaining dates previously
affidavits. After the agreed upon.
identification of such affidavits,
cross-examination shall proceed Should the opposing party fail
immediately. to appear without valid cause
Postponement of presentation stated in the next preceding
of the parties' witnesses at a paragraph, the presentation of
scheduled date is prohibited, the scheduled witness will
except if it is based on acts of proceed with the absent party
God, force majeure or duly being deemed to have waived
substantiated physical inability the right to interpose
of the witness to appear and objection and conduct cross-
testify. The party who caused examination. Hence, the

138

the postponement is warned testimony will be admitted


that the presentation of its and even if there is no cross-
evidence must still be examination, it is deemed as
terminated within the admissible and not hearsay as
remaining dates previously the right to cross-examine is
agreed upon. deemed waived.

Should the opposing party fail The contents of the pre-trial


to appear without valid cause order shall control the
stated in the next preceding subsequent proceedings,
paragraph, the presentation of unless modified before trial to
the scheduled witness will prevent manifest injustice.
proceed with the absent party This provision is similar to the
being deemed to have waived old rule.
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. Under the amended rule, it
Rule. After pre-trial and, after issues makes clear that pre-trial
are joined, the court shall refer proper shall first proceed.
the parties for mandatory court- Thereafter, the case shall be
annexed mediation. referred to CAM and the
The period for court-annexed proceedings in Cam cannot
mediation shall not exceed exceed 30 calendar days.
thirty (30) calendar days
without further extension. Under the Consolidated and
Revised Guidelines to

139

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.

Rule 18, Sec. 9 There is no Section 9 under the old Judicial Dispute Resolution. Under the Consolidated and
Rule. Only if the judge of the court to Revised Guidelines to
which the case was originally Implement the Expanded
raffled is convinced that Coverage of Court-Annexed
settlement is still possible, the Mediation and Judicial
case may be referred to another Dispute Resolution, A.M. No.
court for judicial dispute 11-1-6-SC-PHILJA, January
resolution. The judicial dispute 11, 2011, JDR was mandatory,
resolution shall be conducted except for cases that cannot be
within a non-extendible period settled. With the amended
of fifteen (15) calendar days rule, JDR will only proceed if
from notice of failure of the the judge of the court to which
court-annexed mediation. the case was originally raffled
is convinced that settlement is
possible.

140

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

affirmed under the amended


rule.

Rule 18, Sec. 10 There is no Section 10 under the Judgment after Pre-Trial. This is a new insertion under
old Rule. Should there be no more the amended rule. With this
controverted facts, or no more provision, under the
genuine issue as to any material circumstances present
fact, or an absence of any issue, therein, the court shall motu
or should the answer fail to proprio include in the pre-trial
tender an issue, the court shall, order that the case be
without prejudice to a party submitted for summary
moving for judgment on the judgment or judgment on the
pleadings under Rule 34 or pleadings, without need of
summary judgment under Rule position papers or
35, motu proprio include in the memoranda. This is without
pre-trial order that the case be prejudice to a party moving
submitted for summary for judgment on the pleadings
judgment or judgment on the or summary judgment.
pleadings, without need of
position papers or memoranda. In such cases, judgment shall
In such cases, judgment shall be be rendered within 90
rendered within ninety (90) calendar days from
calendar days from termination termination of the pre-trial.
of the pre-trial.
The order of the court to submit The order of the court to
the case for judgment pursuant submit the case for judgment

142

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.

Rule 19, Sec. 3 Pleadings-in-intervention. The Pleadings-in-intervention. The The old and new provisions
intervenor shall file a complaint- intervenor shall file a complaint- are the same except for the
in-intervention if he asserts a in-intervention if he or amendment to address
claim against either or all of the she asserts a claim against either gender sensitivity.
original parties, or an answer-in- or all of the original parties, or an
intervention if he unites with the answer-in-intervention if he or
defending party in resisting a she unites with the defending
claim against the latter. party in resisting a claim against
the latter.

Rule 19, Sec. 4 Answer to the Complaint-in- Answer to Complaint-in- The old and new provisions
Intervention. The answer to the Intervention. The answer to the are the same except that the
complaint-in-intervention shall be complaint-in-intervention shall 15-day period was changed to
filed within fifteen (15) days from be filed within fifteen 15 calendar days.
notice of the order admitting the (15) calendar days from notice of
same, unless a different period is the order admitting the same,
fixed by the court. unless a different period is fixed
by the court.

143

Rule 21, Sec. 1 Subpoena and Subpoena Duces Subpoena and Subpoena Duces The old and new provisions
Tecum. Subpoena is a process Tecum. Subpoena is a process are the same except for the
directed to a person requiring him directed to a person requiring amendment to address
to attend and to testify at the him or her to attend and to testify gender sensitivity.
hearing or the trial of an action, or at the hearing or the trial of an
at any investigation conducted by action, or at any investigation
competent authority, or for the conducted by competent
taking of his deposition. It may authority, or for the taking of
also require him to bring with him his or her deposition. It may also
any books, documents, or other require him or her to bring with
things under his control, in which him or her any books,
case it is called a subpoena duces documents, or other things
tecum. under his or her control, in
which case it is called a
subpoena duces tecum.

By Whom Issued. The subpoena By Whom Issued. The subpoena The old and new provisions
may be issued by – may be issued by – are the same except for the
a) the court before whom the a) the court before whom the deletion of the word “of”
witness is required to attend; witness is required to attend; before the Court of Appeals in
b) the court of the place where the b) the court of the place where paragraph d.
deposition is to be taken; the deposition is to be taken;
c) the officer or body authorized c) the officer or body authorized
by law to do so in connection with by law to do so in connection
investigations conducted by said with investigations conducted
officer or body; or by said officer or body; or
d) any Justice of the Supreme d) any Justice of the Supreme
Court or of the Court of Appeals Court or of the Court of Appeals
in any case or investigation in any case or investigation
pending within the Philippines. pending within the Philippines.

144

When application for a subpoena When application for a subpoena


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

No prisoner sentenced to No prisoner sentenced to


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

145

service must be made so as to not be made. The service must be documents or things
allow the witness a reasonable made so as to allow the witness a demanded in case the
time for preparation and travel to reasonable time for preparation subpoena is duces tecum.
the place of attendance. If the and travel to the place of
subpoena is duces tecum, the attendance. If the In place of the foregoing
reasonable cost of producing the subpoena is duces tecum, the deleted provisions, the
books, documents or things reasonable cost of producing the amended rule provides that
demanded shall also be tendered. books, documents or things the costs for court attendance
demanded shall also be and production of documents
tendered. and other materials subject of
Costs for court attendance and subpoena shall be tendered or
the production of documents charged accordingly, which is
and other materials subject of essentially the same as the
the subpoena shall be tendered deleted provisions.
or charged accordingly.
|||

Rule 21, Sec. 7 Personal Appearance in Court. A Personal Appearance in Court. A The old and new provisions
person present in court before a person present in court before a are the same except for the
judicial officer may be required to judicial officer may be required amendment to address
testify as if he were in attendance to testify as if he or she were in gender sensitivity.
upon a subpoena issued by attendance upon a subpoena
such court or officer. issued by such court or officer.

146

Rule 21, Sec. 8 Compelling Attendance. — In Compelling Attendance.— In case The old and new provisions
case of failure of a witness to of failure of a witness to attend, are the same except for the
attend, the court or judge issuing the court or judge issuing the amendment to address
the subpoena, upon proof of the subpoena, upon proof of the gender sensitivity.
service thereof and of the service thereof and of the failure
failure of the witness, may issue a of the witness, may issue a
warrant to the sheriff of the warrant to the sheriff of the
province, or his deputy, to arrest province, or his or her deputy, to
the witness and bring him before arrest the witness and bring
the court or officer where his him or her before the court or
attendance is required, and the officer where his or
cost of such warrant and her attendance is required, and
seizure of such witness shall be the cost of such warrant and
paid by the witness if seizure of such witness shall be
the court issuing it shall paid by the witness if the court
determine that his failure to issuing it shall determine that
answer the subpoena was willful his or her failure to answer the
and without just excuse. subpoena was willful and
without just excuse.

Rule 21, Sec. 9 Contempt. Failure by any person Contempt. Failure by any person The old and new provisions
without adequate cause to obey a without adequate cause to obey a are the same except for the
subpoena served upon him shall subpoena served upon him or amendment to address
be deemed a her shall be deemed a contempt gender sensitivity.
contempt of the court from which of the court from which the
the subpoena is issued. If the subpoena is issued. If the
subpoena was not issued by subpoena was not issued by a
a court, the disobedience thereto court, the disobedience thereto
shall be punished in accordance shall be punished in accordance
with the applicable law or Rule. with the applicable law or Rule.

147

Rule 21, Sec. 10 Exceptions. The Exceptions. The provisions of The old and new provisions
provisions of Sections 8 and Sections 8 and 9 of this Rule shall are the same except for the
9 of this Rule shall not apply to a not apply to a witness who amendment to address
witness who resides more than resides more than one hundred gender sensitivity.
one hundred (100) kilometers (100) kilometers from his or
from his residence to the place her residence to the place where
where he is to testify by the he or she is to testify by the
ordinary course of travel, or to a ordinary course of travel, or to a
detention prisoner if no detention prisoner
permission of the court in which if no permission of the court in
his case is pending was obtained. which his or her case is pending
was obtained.
Rule 23, Sec. 1 Depositions Pending Action, When Depositions Pending Action, When The amended rule deleted the
May Be Taken. By May be Taken. By provision on taking
leave of court after jurisdiction leave of court after jurisdiction deposition with leave of court
has been obtained over any has been obtained over any after jurisdiction has been
defendant or over property which defendant or over property obtained over any defendant
is the subject of the action, or which is the subject of the action, or over property which is the
without such leave after an or without such leave after an subject of the action, or
answer has been served, the answer has been served Upon ex without such leave after an
testimony of any person, whether parte motion of a party, the answer has been served, and
a party or not, may be taken, at the testimony of any person, the same was just changed to
instance of any party, by whether a party or not, may be upon ex parte motion of a

148

deposition upon oral examination taken at the instance of any party. By stating that the
or written interrogatories. The party, by deposition upon oral deposition may be had upon
attendance of witnesses may be examination or written ex party motion of a party,
compelled by the use of a interrogatories. The attendance then the provision “at the
subpoena as provided in Rule 21. of witnesses may be compelled instance of any party” should
Depositions shall be taken only in by the use of a subpoena as necessarily be deleted, for
accordance with these Rules. The provided in Rule 21. Depositions being redundant.
deposition of a person confined in shall be taken only in accordance
prison may be taken only by with these Rules. The deposition
leave of court on such terms as of a person confined in prison
the court prescribes. 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 Use of Depositions. At the trial or The old and new provisions
upon the hearing of a motion or upon the hearing of a motion or are the same except for the
an interlocutory proceeding, any an interlocutory proceeding, any amendment to address
part or all of a deposition, so far as part or all of a deposition, so far gender sensitivity and the
admissible under as admissible under word “the” was added before
the rules of evidence, may be used the rules of evidence, may be deponent in paragraph (a).
against any party who was used against any party who was
present or represented at the present or represented at the
taking of the deposition or who taking of the deposition or who
had due notice thereof, in had due notice thereof, in
accordance with any one of the accordance with any one of the
following provisions: following provisions:

(a) Any deposition may be used (a) Any deposition may be used
by any party for the by any party for the
purpose of contradicting or purpose of contradicting or
impeaching the

149

testimony of deponent as a impeaching the testimony of the


witness; deponent as a witness;

(b) The deposition of a party (b) The deposition of a party


or of any one who at the or of any one who at the
time of taking the deposition was time of taking the deposition was
an officer, director, or managing an officer, director, or managing
agent of a public or private agent of a public or private
corporation, partnership, or corporation, partnership, or
association which is a party may association which is a party may
be used by an adverse party for be used by an adverse party for
any purpose; any purpose;

(c) The deposition of a witness, (c) The deposition of a witness,


whether or not a party, may be whether or not a party, may be
used by any party for any purpose used by any party for any
if the court finds: (1) that the purpose if the court finds: (1) that
witness is dead; or (2) that the the witness is dead; or (2) that the
witness resides at a distance more witness resides at a distance
than one hundred (100) more than one hundred (100)
kilometers from the place of trial kilometers from the place of trial
or hearing, or is out of the or hearing, or is out of the
Philippines, unless it appears that Philippines, unless it appears
his absence was procured by the that his or her absence was
party offering the deposition; or procured by the party offering
(3) that the witness is unable to the deposition; or (3) that the
attend or testify because of age, witness is unable to attend or
sickness, infirmity, or testify because of age, sickness,
imprisonment; or (4) that the infirmity, or imprisonment; or
party offering the deposition has (4) that the party offering the
been unable to procure the deposition has been unable to
attendance of the witness by procure the attendance of the

150

subpoena; or (5) upon application witness by subpoena; or (5) upon


and notice, that such exceptional application and notice, that such
circumstances exist as to make it exceptional circumstances exist
desirable, in the interest of justice as to make it desirable, in the
and with due regard to the interest of justice and with due
importance of presenting the regard to the
testimony of witnesses orally in importance of presenting the
open court, to allow the testimony of witnesses orally in
deposition to be used; and 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 (d) If only part of a deposition is
adverse party may require him to offered in evidence by a party,
introduce all of it which is the adverse party may require
relevant to the part introduced, him or her to introduce all of it
and any party may introduce any which is relevant to the part
other parts introduced, and any party may
introduce any other parts
Rule 23, Sec. 6 Objections to Admissibility. Subject Objections to Admissibility. The old and new provisions
to the provisions of Section Subject to the provisions of are the same except the
29 of this Rule, objection may be Section 29 of this Rule, singular term “objection” was
made at the trial or hearing to objections may be made at the changed to its plural term of
receiving in evidence any trial or hearing to receiving in “objections”.
deposition or part thereof for any evidence any deposition or part
reason which would require the thereof for any reason which
exclusion of the evidence if the would require the exclusion of
witness were then present and the evidence if the witness were
testifying. then present and testifying.

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Rule 23, Sec. 7 Effect of Taking Depositions. A Effect of Taking Depositions. A The old and new provisions
party shall not be deemed to make party shall not be deemed to are the same except for the
a person his own witness for any make a person his or her own amendment to address
purpose by taking his deposition. witness for any purpose by gender sensitivity.
taking his or her deposition

Rule 23, Sec. 9 Rebutting Deposition. At the trial Rebutting Deposition. At the trial The old and new provisions
or hearing, any party may rebut or hearing, any party may rebut are the same except for the
any relevant evidence contained any relevant evidence contained amendment to address
in a deposition whether in a deposition whether gender sensitivity.
introduced by him or by any other introduced by him or her or by
party. any other party.

Rule 23, Sec. 15 Deposition Upon Oral Deposition upon Oral Examination; The old and new provisions
Examination; Notice; Time and Notice; Time and Place. A party are the same except for the
Place. A party desiring to take the desiring to take the deposition of amendment to address
deposition of any person upon any person upon oral gender sensitivity.
oral examination shall give examination shall give
reasonable notice in writing to reasonable notice in writing to
every other party to the action. every other party to the action.
The notice shall state the time and The notice shall state the time
place for taking the deposition and place for taking the
and the name and address of each deposition and the name and
person to be examined, if known, address of each person to be
and if the name is not known, a examined, if known, and if the
general description sufficient to name is not known, a general
identify him or the particular class description sufficient to identify

152

or group to which he belongs. On him or her or the particular class


motion of any party upon whom or group to which he or
the notice is served, the court may she belongs. On motion of any
for cause shown enlarge or party upon whom the notice is
shorten the time. served, the court may for cause
shown enlarge or shorten the
time.

Rule 23, Sec. 16 Orders for the Protection of Parties Orders for the Protection of Parties The old and new provisions
and Deponents. After notice is and Deponents. After notice is are the same. The new
served for taking a deposition by served for taking a deposition by provision only reformatted
oral examination, upon motion oral examination, upon motion the old provision.
seasonably made by any party or seasonably made by any party or
by the person to be examined and by the person to be examined
for good cause shown, the court in and for good cause shown, the
which the action is pending may court in which the action is
make an order that the deposition pending may make the
shall not be taken, or that it may following orders:
be taken only at some designated (a) That the deposition shall not
place other than that stated in the be taken;
notice, or that it may be taken only (b) That the deposition may be
on written interrogatories, or that taken only at some designated
certain matters shall not be place other than that stated in the
inquired into, or that the notice;
scope of the examination shall be (c) That the deposition may be
held with no one present except taken only on written
the parties to the action and their interrogatories;
officers or counsel, or that after (d) That certain matters shall not
being sealed the deposition shall be inquired into;
be opened only by (e) That the scope of the
order of the court, or that secret examination shall be held

153

processes, developments, or with no one present except the


research need not be disclosed, or parties to the action and their
that the parties shall officers or counsel;
simultaneously file specified (f) That after being sealed the
documents or information deposition shall be opened only
enclosed in sealed envelopes to be by order of the court;
opened as directed by the court; (g) That secret processes,
or the court may make any other developments, or research need
order which justice requires to not be disclosed; or
protect the party or witness from (h) That the parties shall
annoyance, embarrassment, or simultaneously file specified
oppression. 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.
Rule 23, Sec. 17 Record of Record of Examination; Oath; The old and new provisions
examination, oath; objections. The Objections. The officer before are the same except for the
officer before whom the whom the deposition is to be amendment to address
deposition is to be taken shall put taken shall put the witness on gender sensitivity.
the witness on oath and shall oath and shall personally, or by
personally, or by someone acting someone acting under his or
under his direction and in his her direction and in his or
presence, record the testimony of her presence, record the
the witness. The testimony shall testimony of the witness. The
be taken stenographically unless testimony shall be taken
the parties agree otherwise. All stenographically unless the
objections made at the time of the parties agree otherwise. All

154

examination to the qualifications objections made at the time of the


of the officer taking the examination to the qualifications
deposition, or to the manner of of the officer taking the
talking it, or to the evidence deposition, or to the manner of
presented, or to the conduct of taking it, or to the evidence
any party, and any other objection presented, or to the conduct of
to the proceedings, shall be noted any party, and any other
by the officer upon the deposition. objection to the proceedings,
Evidence objected to shall be shall be noted by the officer upon
taken subject to the objections. In the deposition. Evidence
lieu of participating in the oral objected to shall be taken subject
examination, parties served with to the objections. In lieu of
notice of taking a deposition may participating in the oral
transmit written interrogatories to examination, parties served with
the officers, who shall propound notice of taking a deposition may
them to the witness and record transmit written interrogatories
the answers verbatim. to the officers, who shall
propound them to the witness
and record the
answers verbatim.
Rule 23, Sec. 19 Submission to Submission to Witness; Changes; The old and new provisions
Witness; Changes; Signing. When Signing. When the testimony is are the same except for the
the testimony is fully transcribed, fully transcribed, the deposition amendment to address
the deposition shall be submitted shall be submitted to the witness gender sensitivity.
to the witness for examination for examination and shall be read
and shall be read to or by him, to or by him or her, unless such
unless such examination and examination and reading are
reading are waived by the witness waived by the witness and by the
and by the parties. Any changes in parties. Any changes in form or
form or substance which the substance which the witness
witness desires to make shall be desires to make shall be entered
entered upon the deposition by upon the deposition by the

155

the officer with a statement of the officer with a statement of the


reasons given by the witness for reasons given by the witness for
making them. The deposition making them. The deposition
shall then be signed by the shall then be signed by the
witness, unless the parties by witness, unless the parties by
stipulation waive the signing or stipulation waive the signing or
the witness is ill or cannot be the witness is ill or cannot be
found or refuses to sign. If the found or refuses to sign. If the
deposition is not signed by the deposition is not signed by the
witness, the officer shall sign it witness, the officer shall sign it
and state on the record the and state on the record the fact of
fact of the waiver or of the illness the waiver or of the illness or
or absence of the witness or the absence of the witness or the fact
fact of the refusal to sign together of the refusal to sign together
with the reason given therefor, if with the reason given therefor, if
any, and the deposition may then any, and the deposition may then
be used as fully as though signed, be used as fully as though
unless on a motion to suppress signed, unless on a motion to
under Section 29 (f) of this Rule, suppress under Section 29 (f) of
the court holds that the reasons this Rule, the court holds that the
given for the refusal to sign reasons given for the refusal to
require rejection of the deposition sign require rejection of the
in whole or in part deposition in whole or in part

156

Rule 23, Sec. 20 Certification and Filing by Officer. Certification and Filing by Officer. The old and new provisions
The officer shall certify on the The officer shall certify on the are the same except for the
deposition that the witness was deposition that the witness was amendment to address
duly sworn to by him and that the duly sworn to by him or her and gender sensitivity.
deposition is a true record of the that the deposition is a true
testimony given by the witness. record of the testimony given by
He shall then securely seal the the witness. He or she shall then
deposition in an envelope securely seal the deposition in an
indorsed with the title of the envelope indorsed with the title
action and marked of the action and marked
"Deposition of (here insert the "Deposition of (here insert the
name of witness)" and shall name of witness)" and shall
promptly file it with the court in promptly file it with the court in
which the action is pending or which the action is pending or
send it by registered mail to the send it by registered mail to the
clerk thereof for filing clerk thereof for filing.

Rule 23, Sec. 23 Failure to Attend of Party Giving Failure to Attend of Party Giving The old and new provisions
Notice. If the party giving the Notice. If the party giving the are the same except for the
notice of the taking of a deposition notice of the taking of a amendment to address
fails to attend and proceed deposition fails to attend and gender sensitivity.
therewith and another attends in proceed therewith and another
person or by counsel pursuant to attends in person or by counsel
the notice, the court may order the pursuant to the notice, the court
party giving the notice to pay may order the party giving the
such other party the notice to pay such other party the
amount of the reasonable amount of the reasonable
expenses incurred by him and his expenses incurred by him or
counsel in so attending, including her and his or her counsel in so
reasonable attorney's fees. attending, including reasonable
attorney's fees.

157

Rule 23, Sec. 24 Failure of Party Giving Notice to Failure of Party Giving Notice to The old and new provisions
Serve Subpoena. If the party giving Serve Subpoena. If the party are the same except for the
the notice of the taking of a giving the notice of the taking of amendment to address
deposition of a witness fails to a deposition of a witness fails to gender sensitivity.
serve a subpoena upon him and serve a subpoena upon him or
the witness because of such her and the witness because of
failure does not attend, and if such failure does not attend, and
another party attends in person or if another party attends in person
by counsel because he expects the or by counsel because he or
deposition of that witness to be she expects the deposition of that
taken, the court may order the witness to be taken, the court
party giving the notice to pay may order the party giving the
such other party the notice to pay such other party the
amount of the reasonable amount of the reasonable
expenses incurred by him and his expenses incurred by him or
counsel in so attending, including her and his or her counsel in so
reasonable attorney's fees. attending, including reasonable
attorney's fees.

Rule 23, Sec. 25 Deposition Upon Written Deposition upon Written The old and new provisions
Interrogatories; Service of Notice Interrogatories; Service of Notice are the same except that all the
and of Interrogatories. A party and of Interrogatories. A party periods stated therein were
desiring to take the desiring to take the deposition of changed from days to
deposition of any person upon any person upon written calendar days.
written interrogatories shall serve interrogatories shall serve them
them upon every other party with upon every other party with a
a notice stating the name and notice stating the name and
address of the person who is to address of the person who is to
answer them and the name or answer them and the name or
descriptive title and descriptive title and address of
address of the officer before the officer before whom the
whom the deposition is to be deposition is to be taken. Within

158

taken. Within ten (10) days ten (10) calendar days thereafter,
thereafter, a party so served may a party so served may serve
serve cross-interrogatories upon cross-interrogatories upon the
the party proposing to take the party proposing to take the
deposition. Within five (5) days deposition. Within five
thereafter the latter may serve re- (5) calendar days thereafter the
direct interrogatories upon a latter may serve re-direct
party who has served cross- interrogatories upon a party who
interrogatories. Within three (3) has served cross-interrogatories.
days after being served with re- Within three (3) calendar days
direct interrogatories, a party may after being served with re-direct
serve recross-interrogatories interrogatories, a party may
upon the party proposing to take serve recross-interrogatories
the deposition. upon the party proposing to take
the deposition.

Rule 23, Sec. 26 Officers to Take Responses and Officers to Take Responses and The old and new provisions
Prepare Record. A copy of the Prepare Record. A copy of the are the same except for the
notice and copies of all notice and copies of all amendment to address
interrogatories served shall be interrogatories served shall be gender sensitivity.
delivered by the party taking the delivered by the party taking the
deposition to the officer deposition to the officer
designated in the notice, who designated in the notice, who
shall proceed promptly, in the shall proceed promptly, in the
manner provided by Sections 17, manner provided by Sections 17,
19 and 20 of this Rule, to take the 19 and 20 of this Rule, to take the
testimony of the witness in testimony of the witness in
response to the interrogatories response to the interrogatories
and to prepare, certify, and file or and to prepare, certify, and file or
mail the deposition, attaching mail the deposition, attaching
thereto the copy of the notice and 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. Depositions before Action; Petition. The old and new provisions
A person who desires to A person who desires to are the same except for the
perpetuate his own testimony or perpetuate his or her own amendment to address
that of another person regarding testimony or that of another gender sensitivity.
any matter that may be cognizable person regarding any matter that
in any court of the Philippines, may be cognizable in any court
may file a verified petition in of the Philippines, may file a
the court of the place of the verified petition in the court of
residence of any expected adverse the place of the residence of any
party. expected adverse party.

Rule 24, Sec. 2 Contents of Petition. The petition Contents of Petition. The petition The old and new provisions
shall be entitled in the name of the shall be entitled in the name of are the same except for the
petitioner and shall show: (a) that the petitioner and shall show: (a) amendment to address
the petitioner expects to be a party that the petitioner expects to be a gender sensitivity.
to an action in a court of the party to an action in a court of the
Philippines but is presently Philippines but is presently
unable to bring it or cause it to be unable to bring it or cause it to be
brought; (b) the subject brought; (b) the subject matter of
matter of the expected action and the expected action and his or
his interest therein; (c) the facts her interest therein; (c) the facts
which he desires to establish by which he or she desires to
the proposed testimony and his establish by the proposed
reasons for desiring to perpetuate testimony and his or her reasons
it; (d) the names or a for desiring to perpetuate it; (d)
description of the persons he the names or a description of the
expects will be adverse parties persons he or she expects will be
and their addresses so far as adverse parties and their
known; and (e) the names and addresses so far as known; and
addresses of the persons to be (e) the names and addresses of
examined and the the persons to be examined and
substance of the testimony which the substance of the testimony

161

he expects to elicit from each, and which he or she expects to elicit


shall ask for an order authorizing from each, and shall ask for an
the petitioner to take the order authorizing the petitioner
depositions of the persons to be to take the depositions of the
examined named in the petition persons to be examined named
for the purpose of perpetuating in the petition for the purpose of
their testimony. perpetuating their testimony.

Rule 24, Sec. 3 Notice and Service. The petitioner Notice and Service. The petitioner The old and new provisions
shall serve a notice upon each shall serve a notice upon each are the same except that the
person named in the petition as an person named in the petition as 20-day period was changed to
expected adverse party, together an expected adverse party, 20 calendar days.
with a copy of the petition, stating together with a copy of the
that the petitioner will apply to petition, stating that the
the court, at a time and place petitioner will apply to the court,
named therein, for the order at a time and place named
described in the petition. At least therein, for the order described
twenty (20) days before the in the petition. At least twenty
date of the hearing, the court shall (20) calendar days before the
cause notice thereof to be served date of the hearing, the court
on the parties and prospective shall cause notice thereof to be
deponents in the manner served on the parties and
provided for service of summons. prospective deponents in the
manner provided for service of
summons.

162

Rule 24, Sec. 7 Depositions pending appeal. If an Depositions Pending Appeal. If an The old and new provisions
appeal has been taken from a appeal has been taken from a are the same except for the
judgment of a court, including judgment of a court, including amendment to address
the Court of Appeals in proper the Court of Appeals in proper gender sensitivity.
cases, or before the taking of an cases, or before the taking of an
appeal if the time therefor has not appeal if the time therefor has
expired, the court in which the not expired, the court in which
judgment was rendered may the judgment was rendered may
allow the allow the taking of depositions of
taking of depositions of witnesses witnesses to perpetuate their
to perpetuate their testimony for testimony for use in the event of
use in the event of further further proceedings in the said
proceedings in the said court. In court. In such case the party who
such case the party who desires to desires to perpetuate the
perpetuate the testimony may testimony may make a motion in
make a motion in the the said court for leave to take
said court for leave to take the the depositions, upon the same
depositions, upon the same notice notice and service thereof as if
and service thereof as if the action the action was pending therein.
was pending therein. The motion The motion shall state (a) the
shall state (a) the names and names and addresses of the
addresses of the persons to be persons to be examined and the
examined and the substance of the testimony which
substance of the testimony which he or she expects to elicit from
he expects to elicit from each; and each; and (b) the reason for
(b) the reason for perpetuating perpetuating their testimony. If
their testimony. If the court finds the court finds that the
that the perpetuation of the perpetuation of the testimony is
testimony is proper to avoid a proper to avoid a failure or delay
failure or delay of justice, it may of justice, it may make an order
make an order allowing the allowing the depositions to be
depositions to be taken, and taken, and thereupon the

163

thereupon the depositions may be depositions may be taken and


taken and used in the same used in the same manner and
manner and under the same under the same conditions as are
conditions as are prescribed in prescribed in these Rules for
these Rules for depositions taken depositions taken in pending
in pending actions. actions.

Rule 25, Sec. 1 Interrogatories to Parties; Service Interrogatories to Parties; Service The old Section 1, Rule 25
Thereof. — Under the same Thereof.— Under the same referred to Section 1, Rule 23.
conditions specified in Section conditions specified in Section With the amendment of
1 of Rule 23, any party desiring to 1 of Rule 23, Upon ex Section 1, Rule 23, which
elicit material and relevant facts parte motion, any party desiring deleted the provision on
from any adverse parties shall file to elicit material and relevant taking deposition with leave
and serve upon the latter written facts from any adverse parties of court after jurisdiction has
interrogatories to be answered by shall file and serve upon the been obtained over any
the party served or, if the party latter written interrogatories to defendant or over property
served is a public or private be answered by the party served which is the subject of the
corporation or a partnership or or, if the party served is a public action, or without such leave
association, by any officer thereof or private corporation or a after an answer has been
competent to testify in its behalf. partnership or association, by served, written
any officer thereof competent to interrogatories may now be
testify in its behalf. availed of upon ex parte
motion of any party.
Rule 25, Sec. 2 Answer to Interrogatories. The Answer to Interrogatories. The The old and new provisions
interrogatories shall be answered interrogatories shall be are the same except the 15-day
fully in writing and shall be answered fully in writing and period was changed to 15
signed and sworn to by the person shall be signed and sworn to by calendar days.
making them. The party upon the person making them. The
whom the interrogatories have party upon whom the
been served shall file and serve a interrogatories have been served
copy of the answers on the party shall file and serve a copy of the
submitting the interrogatories answers on the party submitting

164

within fifteen (15) days after the interrogatories within fifteen


service thereof, unless the court, (15) calendar days after service
on motion and for good cause thereof, unless the court, on
shown, extends or shortens the motion and for good cause
time. shown, extends or shortens the
time.

Rule 25, Sec. 3 Objections to Interrogatories. Objections to Interrogatories. The old and new provisions
Objections to any interrogatories Objections to any interrogatories are the same except the 10-day
may be presented to may be presented to the court period was changed to 10
the court within ten (10) days after within ten (10) calendar days calendar days.
service thereof, with notice as in after service thereof, with notice
case of a motion; and answers as in case of a motion; and
shall be deferred until the answers shall be deferred until
objections are resolved, which the objections are resolved,
shall be at as early a time as is which shall be at as early a time
practicable. as is practicable.

Rule 26, Sec. 2 Implied Admission. Each of the Implied Admission. Each of the The old and new provisions
matters of which an admission is matters of which an admission is are the same except for the
requested shall be deemed requested shall be deemed amendment to address
admitted unless, within a period admitted unless, within a period gender sensitivity and the 15-
designated in the request, which designated in the request, which day period was changed to 15
shall not be less than fifteen (15) shall not be less than fifteen calendar days.
days after service thereof, or (15) calendar days after service
within such further time as thereof, or within such further
the court may allow on motion, time as the court may allow on
the party to whom the request is motion, the party to whom the
directed files and serves upon the request is directed files and
party requesting the admission a serves upon the party requesting
sworn statement either denying the admission a sworn statement

165

specifically the matters of which either denying specifically the


an admission is requested or matters of which an admission is
setting forth in detail the reasons requested or setting forth in
why he cannot truthfully either detail the reasons why he or
admit or deny those matters. she cannot truthfully either
admit or deny those matters.
Objections to any request for
admission shall be submitted to Objections to any request for
the court by the party requested admission shall be submitted to
within the period for and prior to the court by the party requested
the filing of his sworn statement within the period for and prior to
as contemplated in the preceding the filing of his or her sworn
paragraph and his compliance statement as contemplated in the
therewith shall be deferred until preceding paragraph and his or
such objections are resolved, her compliance therewith shall
which resolution shall be made as be deferred until such objections
early as practicable. are resolved, which resolution
shall be made as early as
practicable.

Rule 26, Sec. 3 Effect of Admission. Any admission Effect of Admission. Any The old and new provisions
made by a party pursuant to such admission made by a party are the same except for the
request is for the purpose of the pursuant to such request is for amendment to address
pending action only and shall not the purpose of the pending gender sensitivity.
constitute an admission by him action only and shall not
for any other purpose nor may the constitute an admission by
same be used against him in any him or her for any other purpose
other proceeding. nor may the same be used
against him or her in any other
proceeding.

166

Rule 27, Sec. 1 Motion for Production or Motion for Production or The old and new provisions
Inspection; Order. Upon Inspection; Order. Upon motion of are the same except for the
motion of any party showing any party showing good cause amendment to address
good cause therefor, the court in therefor, the court in which an gender sensitivity.
which an action is pending may action is pending may (a) order
(a) order any party to produce any party to produce and permit
and permit the inspection and the inspection and copying or
copying or photographing, by or photographing, by or on behalf
on behalf of the moving of the moving party, of any
party, of any designated designated documents, papers,
documents, papers, books, books, accounts, letters,
accounts, letters, photographs, photographs, objects or tangible
objects or tangible things, not things, not privileged, which
privileged, which constitute or constitute or contain evidence
contain evidence material to any material to any matter involved
matter involved in the action and in the action and which are in
which are in his possession, his or her possession, custody or
custody or control; or (b) order control; or (b) order any party to
any party to permit entry upon permit entry upon designated
designated land or other property land or other property in his or
in his possession or control for the her possession or control for the
purpose of inspecting, measuring, purpose of inspecting,
surveying, or photographing the measuring, surveying, or
property or any designated photographing the property or
relevant object or operation any designated relevant object or
thereon. The order shall specify operation thereon. The order
the time, place and shall specify the time, place and
manner of making the inspection manner of making the inspection
and taking copies and and taking copies and
photographs, and may prescribe photographs, and may prescribe
such terms and conditions as are such terms and conditions as are
just. just.

167

Rule 28, Sec. 1 When Examination May Be Ordered. When Examination May be The old and new provisions
In an action in which the mental Ordered. In an action in which the are the same except for the
or physical condition of a party is mental or physical condition of a amendment to address
in controversy, the court in which party is in controversy, the court gender sensitivity.
the action is pending may in its in which the action is pending
discretion order him to submit to may in its discretion order him or
a physical or mental examination her to submit to a physical or
by a physician. mental examination by a
physician.

Rule 28, Sec. 3 Report of Findings. If requested by Report of Findings. If requested by The old and new provisions
the party examined, the party the party examined, the party are the same except for the
causing the examination to be causing the examination to be amendment to address
made shall deliver to him a made shall deliver to him or gender sensitivity.
copy of a detailed written her a copy of a detailed written
report of the examining physician report of the examining
setting out his findings and physician setting out his or
conclusions. After such request her findings and conclusions.
and delivery, the party causing After such request and delivery,
the examination to be made shall the party causing the
be entitled upon request to examination to be made shall be
receive from the party examined a entitled upon request to receive
like report of any examination, from the party examined a like
previously or thereafter report of any examination,
made, of the same mental or previously or thereafter made, of
physical condition. If the party the same mental or physical
examined refuses to deliver such condition. If the party examined
report, the court on motion and refuses to deliver such report, the
notice may make an order court on motion and notice may
requiring delivery on such terms make an order requiring delivery
as are just, and if a physician fails on such terms as are just, and if a
or refuses to make such a report 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 Waiver of Privilege. By requesting The old and new provisions
and obtaining a report of the and obtaining a report of the are the same except for the
examination so ordered or by examination so ordered or by amendment to address
taking the deposition of the taking the deposition of the gender sensitivity.
examiner, the party examined examiner, the party examined
waives any privilege he may have waives any privilege he or
in that action or any other she may have in that action or
involving the same controversy, any other involving the same
regarding the testimony of every controversy, regarding the
other person who has examined testimony of every other person
or may thereafter examine him in who has examined or may
respect of the same mental or thereafter examine him or her in
physical examination. respect of the same mental or
physical examination.

Rule 29, Sec. 3 Other Consequences. If any party or Other Consequences. If any party The old and new provisions
an officer or managing agent of a or an officer or managing agent are the same except for the
party refuses to obey an order of a party refuses to obey an amendment to address
made under Section 1 of this Rule order made under Section 1 of gender sensitivity.
requiring him to answer this Rule requiring him or her to
designated questions, or an order answer designated questions, or
under Rule 27 to produce any an order under Rule 27 to
document or other thing for produce any document or other
inspection, copying, or thing for inspection, copying, or
photographing or to permit it to photographing or to permit it to
be done, or to permit entry upon be done, or to permit entry upon
land or other property, or an land or other property, or an

169

order made under Rule 28 order made under Rule 28


requiring him to submit to a requiring him or her to submit to
physical or mental examination, a physical or mental
the court may make such orders examination, the court may
in regard to the refusal as are just, make such orders in regard to
and among others the following: the refusal as are just, and among
x x x others the following:
(b) An order refusing to allow the x x x
disobedient party to support or (b) An order refusing to allow
oppose designated claims or the disobedient party to support
defenses or prohibiting him from or oppose designated claims or
introducing in evidence defenses or prohibiting him or
designated documents or things her from introducing in evidence
or items of testimony, or from designated documents or things
introducing evidence of physical or items of testimony, or from
or mental condition; introducing evidence of physical
x x x or mental condition;
x x x

Rule 29, Sec. 4 Expenses on Refusal to Admit. If a Expenses on Refusal to Admit. If a The old and new provisions
party after being served with a party after being served with a are the same except for the
request under Rule 26 to admit request under Rule 26 to admit amendment to address
the genuineness of any document the genuineness of any gender sensitivity.
or the truth of any matter of fact, document or the truth of any
serves a sworn denial thereof and matter of fact, serves a sworn
if the party requesting the denial thereof and if the party
admissions thereafter proves the requesting the admissions
genuineness of such document or thereafter proves the
the truth of any such genuineness of such document
matter of fact, he may apply to or the truth of any such matter of
the court for an order requiring fact, he or she may apply to the
the other party to pay him the court for an order requiring the

170

reasonable expenses incurred in other party to pay him or her the


making such proof, including reasonable expenses incurred in
attorney's fees. Unless making such proof, including
the court finds that there were reasonable attorney's fees.
good reasons for the denial or that Unless the court finds that there
admissions sought were of no were good reasons for the denial
substantial importance, such or that admissions sought were
order shall be issued of no substantial importance,
such order shall be issued

Rule 29, Sec. 5 Failure of Party to Attend or Serve Failure of Party to Attend or Serve The old and new provisions
Answers. If a party or an officer or Answers. If a party or an officer or are the same except for the
managing agent of a party managing agent of a party amendment to address
wilfully fails to appear before the wilfully fails to appear before the gender sensitivity.
officer who is to take his officer who is to take his or
deposition, after being served her deposition, after being
with a proper notice, or fails to served with a proper notice, or
serve answers to interrogatories fails to serve answers to
submitted under Rule 25 after interrogatories submitted under
proper service of such Rule 25 after proper service of
interrogatories, the court on such interrogatories, the court on
motion and notice, may strike out motion and notice, may strike
all or any part of any out all or any part of any
pleading of that party, or dismiss pleading of that party, or dismiss
the action or proceeding or any the action or proceeding or any
part thereof, or enter a judgment part thereof, or enter a judgment
by default against that party, and by default against that party, and
in its discretion, order him to pay in its discretion, order him or
reasonable expenses incurred by her to pay reasonable expenses
the other, including attorney's incurred by the other, including
fees. attorney's fees.

171

Rule 30, Sec. 1 Notice of Trial. Upon entry of a Schedule of Trial. The parties Section 1 on Notice of trial
case in the trial calendar, the clerk shall strictly observe the was changed to Schedule of
shall notify the parties of the scheduled hearings as agreed Trial. This provision, as
date of its trial in such manner as upon and set forth in the pre- amended, should be read in
shall ensure his receipt of that trial order. relation to Section 7, Rule 18,
notice at least five (5) days before (a) The schedule of the trial which provides that the pre-
such date. dates, for both plaintiff and trial order shall contain the
defendant, shall be case flowchart, or the different
continuous and within the stages of the proceedings up
following periods: to the promulgation as well as
i. The initial presentation of the specific dates for
plaintiff's evidence shall be continuous trial which shall
set not later than thirty (30) be within the period provided
calendar days after the by the rules, specifically,
termination of the pre-trial Section 1 of Rule 30.
conference. Plaintiff shall be
allowed to present its The schedule in the pre-trial
evidence within a period of order operates as notice, and
three (3) months or ninety (90) hence, the deletion of the old
calendar days which shall Section 1 on Notice of Trial.
include the date of the judicial
dispute resolution, if The trial shall be continuous,
necessary; similar to the rules on
ii. The initial presentation of continuous trial for criminal
defendant's evidence shall be cases.
set not later than thirty (30)
calendar days after the court's The schedule must be
ruling on plaintiff's formal followed and even if there will
offer of evidence. The be postponements for
defendant shall be allowed to exceptional causes, the
present its evidence within a schedule will still be followed
and the period to present will

172

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

174

Rule 30, Sec. 3 The old Section 3 on motion to The old Section 3 was deleted
postpone for absence of evidence and replaced with motion to
was deleted. The new Section 3 postpone on basis of illness of
may be compared with the old party or counsel, which fell
Section 4, which deal with the under Section 4 of the old rule.
same subject of requisites of
motion to postpone trial for illness The old Section 3 was deleted
of party or counsel: because absence of evidence
cannot anymore be used as
Requisites of Motion to Postpone Requisites of Motion to Postpone basis for postponement. As
Trial for Illness of Party or Counsel. Trial for Illness of Party or Counsel. provided under Section 12 of
—A motion to postpone a trial on A motion to postpone a trial on Rule 15, postponement may
the ground of illness of a party or the ground of illness of a party or only be allowed due to acts of
counsel may be granted if it counsel may be granted if it God, force majeure or
appears upon affidavit or sworn appears upon affidavit or sworn physical inability of the
certification that the certification that the presence of witness to appear and testify.
presence of such party or counsel such party or counsel at the trial Additionally, Section 3, Rule
at the trial is indispensable and is indispensable and that the 30, as amended allows also for
that the character of his illness is character of his or her illness is a postponement due to illness
such as to render his non- such as to render his or her non- of a party or counsel if their
attendance excusable. attendance excusable. presence is indispensable and
that the character of illness is
The old Section 3 provides: such as to render the non-
attendance excusable.
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

175

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 Hearing Days and Calendar The amended Section 4 is a
Trial for Illness of Party or Counsel. Call. Trial shall be held from new insertion. It provides the
A motion to postpone a trial on Monday to Thursday, and days and time when trial and
the ground of illness of a party or courts shall call the cases at motion hearings, when
counsel may be granted if it exactly 8:30 a.m. and 2:00 p.m., applicable, shall be held. It
appears upon affidavit or sworn pursuant to Administrative also adds that All courts shall
certification that the Circular No. 3-99. Hearing on ensure the posting of their
presence of such party or counsel motions shall be held on court calendars outside their
at the trial is indispensable and Fridays, pursuant to Section 8, courtrooms at least 1 day
that the character of his illness is Rule 15. before the scheduled
such as to render his non- All courts shall ensure the hearings, pursuant to OCA
attendance excusable. posting of their court calendars Circular No. 250-2015.
outside their courtrooms at least
one (1) day before the scheduled
hearings, pursuant to OCA
Circular No. 250-2015.
|||

176

Rule 30, Sec. 5 Order of Trial. Subject to the Order of Trial. Subject to the The old and new provisions
provisions of Section 2 of Rule 31, provisions of Section 2 of Rule are the same except for the
and unless the court for special 31, and unless the court for amendment to address
reasons otherwise directs, the trial special reasons otherwise gender sensitivity.
shall be limited to the issues directs, the trial shall be limited
stated in the pre-trial order and to the issues stated in the pre-
shall proceed as follows: trial order and shall proceed as
x x x follows:
(a)The plaintiff shall adduce x x x
evidence in support of his a)The plaintiff shall adduce
complaint; evidence in support of his or her
(b) The defendant shall then complaint;
adduce evidence in support of his (b) The defendant shall then
defense, counterclaim, cross- adduce evidence in
claim and third-party complaint; support of his or her defense,
(c) The third-party defendant, if counterclaim, cross-claim and
any, shall adduce evidence of his third-party complaint;
defense, counterclaim, cross- (c) The third-party defendant, if
claim and fourth-party complaint; any, shall adduce evidence of his
x x x or her defense, counterclaim,
cross-claim and fourth-party
complaint;
x x x
Rule 30, Sec. 6 Agreed Statement of Facts. The Oral Offer of Exhibits. The offer The new Section 6 is a new
parties to any action may agree, in of evidence, the comment or insertion. After presentation
writing, upon the facts involved objection thereto, and the court of evidence, the offer of
in the litigation, and submit the ruling shall be made orally in exhibits shall be made orally
case for judgment on the facts accordance with Sections 34 to and thereupon, the objections
agreed upon, without the 40 of Rule 132. thereto shall be made and the
introduction of evidence. court shall also orally rule on
the same. This is also
consistent with the rules on

177

If the parties agree only on continuous trial for criminal


some of the facts in issue, the trial cases.
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 The new Section 7 may be
compared with the old Section 6, compared with the old Section
which deal with the same subject 6, which deal with the same
matter of Agreed Statement of subject matter of Agreed
facts: Statement of facts. They are
the same. The old Section 7 on
Agreed Statement of Facts. The Agreed Statement of Facts. The Statement of Judge was
parties to any action may agree, in parties to any action may agree, deleted.
writing, upon the facts involved in writing, upon the facts
in the litigation, and submit the involved in the litigation, and
case for judgment on the facts submit the case for judgment on
agreed upon, without the the facts agreed upon, without
introduction of evidence. the introduction of evidence.

If the parties agree only on If the parties agree only on some


some of the facts in issue, the trial of the facts in issue, the trial shall
shall be held as to the disputed be held as to the disputed facts in
facts in such order as such order as the court shall
the court shall prescribe. 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

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. The The old and the amended rule
suspension of actions shall be suspension of actions shall be are the same except that under
governed by the provisions of the governed by the provisions of the amended rule, the
Civil Code. the Civil Code and other laws. provision “and other laws”
was added, in addition to the
Civil Code.
Rule 30, Sec. 9 Judge to Receive Evidence; Judge to Receive Evidence; The old and the new
Delegation to Clerk of Court. The Delegation to Clerk of Court. The provisions are the same
judge of the court where the case judge of the court where the case except for the amendment to
is pending shall personally is pending shall personally address gender sensitivity
receive the evidence to be receive the evidence to be and the 10-day period was
adduced by the parties. However, adduced by the parties. changed to 10 calendar days.
in default or ex parte hearings, However, in default or ex
and in any case where the parties parte hearings, and in any case
agree in writing, the court may where the parties agree in
delegate the reception of evidence writing, the court may delegate
to its clerk of court who is a the reception of evidence to its
member of the bar. The clerk of court who is a member of
clerk of court shall have no power the bar. The clerk of court shall
to rule on objections to any have no power to rule on
question or to the objections to any question or to
admission of exhibits, which the admission of exhibits, which
objections shall be resolved by objections shall be resolved by
the court upon submission of his the court upon submission of
report and the transcripts within his or her report and the
ten (10) days from transcripts within ten
termination of the hearing.

179

(10) calendar days from


termination of the hearing.

Rule 32, Sec. 3 Order of Reference; Powers of the Order of Reference; Powers of the The old and new provisions
Commissioner. When a reference is Commissioner. When a reference are the same except for the
made, the clerk shall forthwith is made, the clerk shall forthwith amendment to address
furnish the commissioner with a furnish the commissioner with a gender sensitivity.
copy of the order of reference. The copy of the order of reference.
order may specify or limit the The order may specify or limit
powers of the commissioner, and the powers of the commissioner,
may direct him to report only and may direct him or her to
upon particular issues, or to do or report only upon particular
perform particular acts, or to issues, or to do or perform
receive and report evidence only, particular acts, or to receive and
and may fix the date for beginning report evidence only, and may
and closing the hearings and for fix the date for beginning and
the filing of his report. Subject to closing the hearings and for the
the specifications and limitations filing of his or her report. Subject
stated in the order, the to the specifications and
commissioner has and shall limitations stated in the order,
exercise the power to regulate the the commissioner has and shall
proceedings in every hearing exercise the power to regulate
before him and to do all acts and the proceedings in every hearing
take all measures necessary or before him or her and to do all
proper for the efficient acts and take all measures
performance of his duties under necessary or proper for the
the order. He may issue efficient performance of his or
subpoenas and subpoenas duces her duties under the order. He or
tecum, swear witnesses, and she may issue subpoenas and
unless otherwise provided in the subpoenas duces tecum, swear
order of reference, he may rule witnesses, and unless otherwise

180

upon the provided in the order of


admissibility of evidence. The reference, he or she may rule
trial or hearing before him shall upon the admissibility of
proceed in all respects as it would evidence. The trial or hearing
if held before the court. 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 Oath of Commissioner. Before The old and new provisions
entering upon his duties the entering upon his or her duties are the same except for the
commissioner shall be sworn to a the commissioner shall be sworn amendment to address
faithful and honest performance to a faithful and honest gender sensitivity.
thereof. performance thereof.

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

181

Rule 32, Sec. 6 Failure of Parties to Appear Before Failure of Parties to Appear before The old and new provisions
Commissioner. If a party fails to Commissioner. If a party fails to are the same except for the
appear at the time and place appear at the time and place amendment to address
appointed, the commissioner may appointed, the commissioner gender sensitivity.
proceed ex parte or, in his may proceed ex parte or, in his or
discretion, adjourn the her discretion, adjourn the
proceedings to a future day, proceedings to a future day,
giving notice to the absent party giving notice to the absent party
or his counsel of the adjournment or his or her counsel of the
adjournment

Rule 32, Sec. 7 Refusal of Witness. The refusal of a Refusal of Witness. The refusal of The old and new provisions
witness to obey a subpoena issued a witness to obey a subpoena are the same except for the
by the commissioner or to give issued by the commissioner or to amendment to address
evidence before him, shall be give evidence before him or her, gender sensitivity.
deemed a shall be deemed a contempt of
contempt of the court which the court which appointed the
appointed the commissioner. commissioner.

Rule 32, Sec. 8 Commissioner Shall Avoid Delays. It Commissioner Shall Avoid Delays. The old and new provisions
is the duty of the commissioner to It is the duty of the commissioner are the same except for the
proceed with all reasonable to proceed with all reasonable amendment to address
diligence. Either party, on notice diligence. Either party, on notice gender sensitivity.
to the parties and commissioner, to the parties and commissioner,
may apply to the court for an may apply to the court for an
order requiring the commissioner order requiring the
to expedite the proceedings and to commissioner to expedite the
make his report. proceedings and to make his or
her report.

182

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


conclusions therein set forth, shall and conclusions therein set forth,
not be considered by shall not be considered by the
the court unless they were made court unless they were made
before the commissioner. before the commissioner.

Rule 32, Sec. 11 Hearing upon report. Upon the Hearing upon Report. Upon the The old and new provisions
expiration of the period of ten (10) expiration of the period of ten are the same except the 10-day
days referred to in the preceding (10) calendar days referred to in period was changed to 10
section, the report shall be set for the preceding section, the report calendar days.
hearing, after which shall be set for hearing, after
the court shall issue an order which the court shall issue an
adopting, modifying, or rejecting order adopting, modifying, or
the report in whole or in part, or rejecting the report in whole or in
recommitting it with instructions, part, or recommitting it with
or requiring the parties to present instructions, or requiring the
further evidence before the parties to present further
commissioner or the court. evidence before the
commissioner or the court.

Rule 33, Sec. 1 Demurrer to Evidence. After the Demurrer to Evidence. After the The old and new provisions
plaintiff has completed the plaintiff has completed the are the same except for the
presentation of his evidence, the presentation of his or amendment to address
defendant may move for her evidence, the defendant may gender sensitivity.
dismissal on the ground that upon move for dismissal on the
the facts and the law the plaintiff ground that upon the facts and
has shown no right to relief. If his the law the plaintiff has
motion is denied, he shall have shown no right to relief. If his or
the right to present evidence. If her motion is denied, he or
the motion is granted but on she shall have the right to
appeal the order of dismissal is present evidence. If the motion is
reversed he shall be deemed to 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


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

The new provision also adds


that the order denying or

186

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.
Rule 35, Sec. 1 Summary Judgment for Claimant. A Summary Judgment for Claimant. The old and new provisions
party seeking to recover upon a A party seeking to recover upon are the same except for the
claim, counterclaim, or cross- a claim, counterclaim, or cross- amendment to address
claim or to obtain a declaratory claim or to obtain a declaratory gender sensitivity.
relief may, at any time after the relief may, at any time after the
pleading in answer thereto has pleading in answer thereto has
been served, move with been served, move with
supporting affidavits, depositions supporting affidavits,
or admissions for a summary depositions or admissions for a
judgment in his favor upon all or summary judgment in his or
any part thereof. her favor upon all or any part
thereof.

187

Rule 35, Sec. 2 Summary Judgment for Defending Summary Judgment for Defending The old and new provisions
Party. A party against whom a Party. A party against whom a are the same except for the
claim, counterclaim, or cross- claim, counterclaim, or cross- amendment to address
claim is asserted or a declaratory claim is asserted or a declaratory gender sensitivity.
relief is sought may, at any time, relief is sought may, at any time,
move with supporting affidavits move with supporting affidavits,
depositions or admissions for a depositions or admissions for a
summary judgment in his favor as summary judgment in his or
to all or any part thereof. her favor as to all or any part
thereof.

Rule 35, Sec. 3 Motion and Proceedings Thereon. Motion and Proceedings The new provision deleted the
The motion shall be served at least Thereon. The motion shall be provision that the motion
ten (10) days before the time served at least ten (10) days shall be served at least ten (10)
specified for the hearing. The before the time specified for the days before the time specified
adverse party may serve hearing. The adverse party may for the hearing. The adverse
opposing affidavits, depositions, serve opposing affidavits, party may serve opposing
or admissions at least three (3) depositions, or admissions at affidavits, depositions, or
days before the hearing. After the least three (3) days before the admissions at least three (3)
hearing, the judgment sought hearing. After the hearing, The days before the hearing. The
shall be rendered forthwith if the motion shall cite the supporting deletion of such period within
pleadings, supporting affidavits, affidavits, depositions or which to serve the motion
depositions, and admissions on admissions, and the specific law means it no longer applies.
file, show that, except as to the relied upon. The adverse party Likewise there is no
amount of damages, there is no may file a comment and serve mandatory hearing on the
genuine issue as to any material opposing affidavits, motion with the amended
fact and that the moving party is depositions, or admissions rule, consistent with Rule 15.
entitled to a judgment as a within a non-extendible period There will only be a hearing if
matter of law. of five (5) calendar days from the court orders the conduct
receipt of the motion. Unless of the hearing. Otherwise, the
the court orders the conduct of a adverse party should just file
hearing, judgment sought shall a comment and serve

188

be rendered forthwith if the opposing affidavits,


pleadings, supporting affidavits, depositions, or admissions
depositions and admissions on within a non-extendible
file, show that, except as to the period of 5 calendar days
amount of damages, there from receipt of the motion,
is no genuine issue as to any
material fact and that the moving The new provision also adds
party is entitled to judgment as a that the order denying or
matter of law. granting the motion shall not
be subject of an appeal or
Any action of the court on a petition for certiorari,
motion for summary judgment prohibition
shall not be subject of an appeal or mandamus before
or petition for certiorari, judgment. The remedy is to
prohibition or mandamus. 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.
Rule 35, Sec. 4 Case Not Fully Adjudicated on Case Not Fully Adjudicated on With the amended rule,
Motion. If on motion under this Motion. If on motion under this hearing again is not
Rule, judgment is not rendered Rule, judgment is not rendered mandatory, with the deletion
upon the whole case or for all the upon the whole case or for all the of the provision on the
reliefs sought and a trial is reliefs sought and a trial is hearing on the motion.
necessary, the court at the necessary, the court at the
hearing of the motion, by hearing of the motion may, by Also, the provision on what
examining the pleadings and the examining the pleadings and the are controverted was deleted,
evidence before it and by evidence before it and by since it follows that if what is
interrogating counsel shall interrogating counsel, ascertain not controverted is
ascertain what material facts exist what material facts exist without established, then what is
without substantial controversy substantial controverted is likewise

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and what are actually and in good controversy, including the established. The word
faith controverted. It shall extent to which the amount of “specified” was changed to
thereupon make an order damages or other relief is not in “ascertained” as the facts are
specifying the facts that appear controversy, and direct such actually ascertained by the
without substantial controversy, further proceedings in the court.
including the extent to which the action as are just. The facts
amount of damages or other relief so ascertained shall be deemed
is not in controversy, and established, and the trial shall be
directing such further conducted on the controverted
proceedings in the action as are facts accordingly.
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 Affidavits in Bad Faith. Should it The old and new provisions
appear to its satisfaction at any appear to its satisfaction at any are the same except for the
time that any of the affidavits time that any of the affidavits amendment to address
presented pursuant to this Rule presented pursuant to this Rule gender sensitivity.
are presented in bad faith, or are presented in bad faith, or
solely for the purpose of delay, solely for the purpose of delay,
the court shall forthwith order the the court shall forthwith order
offending party or counsel to pay the offending party or counsel to
to the other party the pay to the other party the
amount of the reasonable amount of the reasonable
expenses which the filing of the expenses which the filing of the
affidavits caused him to incur, affidavits caused him or her to
including attorney's fees. It may, incur, including attorney's fees, it
after hearing, further adjudge the may, after hearing further
offending party or counsel adjudge the offending party or
guilty of contempt counsel guilty of contempt.

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Rule 144 Effectiveness. These rules shall take Effectiveness. These rules shall The 2019 Amended Rules
effect on January 1, 1964. They take effect on January 1, 1964. shall govern all cases filed
shall govern all cases brought They shall govern all cases after May 1, 2020, its date of
after they take effect, and also all brought after they take effect, effectivity and even pending
further proceedings in cases then and also all further proceedings cases, to the extent that in the
pending, except to the extent that in cases then pending, except to opinion of the court, their
in the opinion of the court their the extent that in the opinion of application would not be
application would not be feasible the court, their application feasible or would work
or would work injustice, in which would not be feasible or would injustice, in which case the
event the former procedure shall work injustice, in which event procedure under which the
apply. the former procedure shall cases were filed shall govern.
apply.
All rules, resolutions,
The 2019 Proposed regulations or circulars of the
Amendments to the 1997 Supreme Court or parts
Rules of Civil Procedure shall thereof that are inconsistent
govern all cases filed after their with any provision of the said
effectivity on May 1, 2020, and amendments are hereby
also all pending proceedings, deemed repealed or modified
except to the extent that in the accordingly. That is why the
opinion of the court, their various circulars and
application would not be resolutions issued by the
feasible or would work Supreme Court as mentioned
injustice, in which case the in the discussions under the
procedure under which the comments section are deemed
cases were filed shall govern. amended by these rules.

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

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