Matrix of Amendments To 1997 Rules of Civil Procedure PDF

MATRIX OF AMENDMENTS
INTRODUCED TO 1997 RULES

OF CIVIL PROCEDURE
JUDGE GENER M. GITO, LL.M., D.C.L.

RULE 6
PLEADINGS
1997 Rules of Civil Procedure 2019 Amendments
Section 1 Pleadings defined. - Section 1 Pleadings defined. -

Pleadings are the written Pleadings are the written
statements of the respective claims statements of the respective claims
and defenses of the parties and defenses of the parties
submitted to the court for submitted to the court for
appropriate judgment. appropriate judgment.
RULE 6
PLEADINGS
Section 2 Pleadings allowed. - The Section 2 Pleadings allowed. - The

claims of a party are asserted in a claims of a party are asserted in a
complaint, counterclaim, cross-claim, complaint, counterclaim, cross-claim,
third (fourth, etc.)-party complaint, or third (fourth, etc.)-party complaint, or
complaint-in- intervention. complaint-in- intervention.
The defenses of a party are alleged in The defenses of a party are alleged in
the answer to the pleading asserting the answer to the pleading asserting
a claim against him. a claim against him or her.
An answer may be responded to by a An answer may be responded to by a
reply. reply only if the defending party
attaches an actionable document
to the answer.
RULE 6
Section 2
• Under the former Rule, the filing of the Reply is not
mandatory because the matters asserted in the Answer are
deemed controverted.
• A problem may arise if the defendant’s defense is based on
an actionable document. Should the plaintiff file a Reply
in order to deny under oath the due execution and
genuineness of the actionable document which is the
basis of the defense of the defendant?
• Such lacuna is already clarified in Section 2, Rule 6 of the
2019 Amendments.
• Section 2, Rule 6 must be read in conjunction with Section
10 hereof with respect the new concept of Reply.
RULE 6
PLEADINGS
Section 3 Complaint. - The Section 3 Complaint. - The
complaint is the pleading complaint is the pleading
alleging the plaintiff’s cause or alleging the plaintiff’s or
causes of action. The names claiming party’s cause or
and residences of the plaintiff causes of action. The names
and defendant must be stated in and residences of the plaintiff
the complaint. and defendant must be stated in
the complaint.
RULE 6
Section 3
• In the definition of complaint being a
pleading alleging party’s cause or causes
of action, it is necessary to include
claiming party’s cause causes of action
and not to limit it to plaintiff’s cause or
causes of action.
• It should be noted that the defendant is the
claiming party with respect to his or her
counterclaim.
RULE 6
PLEADINGS
Section 4 Answer. - An answer Section 4 Answer. - An answer

is a pleading in which a is a pleading in which a
defending party sets forth his defending party sets forth his or
defenses. her defenses.
RULE 6
PLEADINGS
Section 5 Defenses. — Defenses Section 5 Defenses. — Defenses

may either be negative or may either be negative or
affirmative. affirmative.
(a) A negative defense is the (a) A negative defense is the

specific denial of the material fact or specific denial of the material fact or
facts alleged in the pleading of the facts alleged in the pleading of the
claimant essential to his cause or claimant essential to his or her
causes of action. cause or causes of action.
RULE 6
PLEADINGS
(b) An affirmative defense is an (b) An affirmative defense is an
allegation of a new matter which, allegation of a new matter which,
while hypothetically admitting the while hypothetically admitting the
material allegations in the pleading material allegations in the pleading
of the claimant, would nevertheless of the claimant, would nevertheless
prevent or bar recovery by him. The prevent or bar recovery by him or
affirmative defenses include fraud, her. The affirmative defenses
statute of limitations, release, include fraud, statute of limitations,
payment, illegality, statute of frauds, release, payment, illegality, statute
estoppel, former recovery, of frauds, estoppel, former recovery,
discharge in bankruptcy, and any discharge in bankruptcy, and any
other matter by way of confession other matter by way of confession
and avoidance. and avoidance.
RULE 6
PLEADINGS
Affirmative defense may also
include grounds for dismissal of
a complaint, specifically, that the
court has no jurisdiction over the
subject matter, that there is
another action pending between
the same parties for the same
cause, or that the action is barred
by a prior judgment.
RULE
Section 5
• Aside from the affirmative defenses in
Section 5(b), the affirmative defense may
also include other grounds for a motion to
dismiss specifically, that the court has no
jurisdiction over the subject matter, that there
is another action pending between the same
parties for the same cause, or that the action
is barred by a prior judgment.
• This section should be read in
conjunction with Section 12, Rule 8.
RULE 6
PLEADINGS
Section 6 Counterclaim. — A Section 6 Counterclaim. — A

counterclaim is any claim which counterclaim is any claim which
a defending party may have a defending party may have
against an opposing party. against an opposing party.
RULE 6
PLEADINGS
Section 7 Compulsory counterclaim. — A Section 7 Compulsory counterclaim. — A
compulsory counterclaim is one which, being compulsory counterclaim is one which, being
cognizable by the regular courts of justice, cognizable by the regular courts of justice,
arises out of or is connected with the arises out of or is connected with the
transaction or occurrence constituting the transaction or occurrence constituting the
subject matter of the opposing party's claim subject matter of the opposing party's claim
and does not require for its adjudication the and does not require for its adjudication the
presence of third parties of whom the court presence of third parties of whom the court
cannot acquire jurisdiction. Such a cannot acquire jurisdiction. Such a
counterclaim must be within the jurisdiction of counterclaim must be within the jurisdiction of
the court both as to the amount and the the court both as to the amount and the
nature thereof, except that in an original nature thereof, except that in an original
action before the Regional Trial Court, the action before the Regional Trial Court, the
counterclaim may be considered compulsory counterclaim may be 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
Section 7
• The 2019 Amendments included in the definition of
compulsory counterclaim the admonition that
failure to raise the compulsory counterclaim in the
same action shall be considered barred unless
otherwise allowed by the rules.
• Is there an instance where the Rules allow the
prosecution of a counterclaim even it was not
raised in the same action?
• Yes, under Section 5, Rule 86.
• Please take note: there is also the same
admonition under Section 2, Rule 9.
RULE 6
Section 7
• Section 5, Rule 86
• Section 5. Claims which must be filed under the notice. If not
filed, barred; exceptions. — All claims for money against the decent, arising from
contract, express or implied, whether the same be due, not due, or contingent,
all claims for funeral expenses and expense for the last sickness of the
decedent, and judgment for money against the decent, must be filed within the
time limited in the notice; otherwise they are barred forever, except that they
may be set forth as counterclaims in any action that the executor or
administrator may bring against the claimants. Where an executor or
administrator commences an action, or prosecutes an action already
commenced by the deceased in his lifetime, the debtor may set forth by
answer the claims he has against the decedent, instead of presenting them
independently to the court as herein provided, and mutual claims may be set off
against each other in such action; and if final judgment is rendered in favor of
the defendant, the amount so determined shall be considered the true balance
against the estate, as though the claim had been presented directly before the
court in the administration proceedings. Claims not yet due, or contingent, may
be approved at their present value.
RULE 6
PLEADINGS
Section 8 Cross-claim. — A cross- Section 8 Cross-claim. - A cross-

claim is any claim by one party claim is any claim by one party
against a co-party arising out of the against a co-party arising out of the
transaction or occurrence that is the transaction or occurrence that is the
subject matter either of the original subject matter either of the original
action or of a counterclaim therein. action or of a counterclaim therein.
Such cross-claim may include a Such cross-claim may cover all or
claim that the party against whom it part of the original claim.
is asserted is or may be liable to the
cross-claimant for all or part of a
claim asserted in the action against
the cross-claimant.
RULE 6
Section 8
• There is no substantial change in the concept
cross-claim. In fact, the concept of cross-claim
was even simplified under the 2019
Amendments. Instead of stating “Such cross-
claim may include a claim that the party against
whom it is asserted is or may be liable to the
cross-claimant for all or part of a claim asserted
in the action against the cross-claimant,” it now
reads as: “Such cross-claim may cover all or
part of the original claim.”
RULE 6
PLEADINGS
Section 9 Counter- Section 9 Counter-

counterclaims and counter- counterclaims and counter-
cross-claims. — A counterclaim cross-claims. — A counterclaim
may be asserted against an may be asserted against an
original counter-claimant. original counter-claimant.
A cross-claim may also be filed A cross-claim may also be filed

against an original cross- against an original cross-
claimant. claimant.
RULE 6
PLEADINGS
Section 10 Reply. — A reply is a Section 10 Reply. — All new
pleading, the office or function of matters alleged in the answer are
which is to deny, or allege facts in deemed controverted. If the
denial or avoidance of new matters plaintiff wishes to interpose any
alleged by way of defense in the claims arising out of the new
answer and thereby join or make matters so alleged, such claims
issue as to such new matters. If a shall be set forth in an amended
party does not file such reply, all the or supplemental complaint.
new matters alleged in the answer However, the plaintiff may file a
are deemed controverted. reply only if the defending party
attaches an actionable document
to his or her answer.
RULE 6
PLEADINGS
If the plaintiff wishes to interpose A reply is a pleading, the office or

any claims arising out of the new function of which is to deny, or
matters so alleged, such claims allege facts in denial or avoidance
shall be set forth in an amended or of new matters alleged in, or
supplemental complaint. relating to, said actionable
document.
In the event of an actionable
document attached to the reply,
the defendant may file a rejoinder
if the same is based solely on an
actionable document.
RULE 6
Section 10
• Section 10, Rule 6 of the 2019 Amendments retains the idea
that all new matters alleged in the Answer are deemed
controverted. In this respect, the filing of Reply may not be
necessary.
• However, the filing of Reply may be required if the defending
party attaches an actionable document to his or her answer.
The plaintiff, therefore, has to file a Reply to deny under oath
the due execution or genuineness of the actionable document
attached to the Answer of the defending party.
• This idea of filing a Reply cascaded in the definition of Reply.
Thus, reply is a pleading, the office or function of which is to
deny, or allege facts in denial or avoidance of new matters
alleged in, or relating to, said actionable document.
RULE 6
Section 10
• What is the effect if the plaintiff failed to file a reply
when the defending party attaches actionable
documents upon which he or she bases his or her
defense?
• Section 8, Rule 8 will operate. Failure on the part of
the plaintiff to file a reply when the defending party
attaches actionable documents upon which he or she
bases his or her defense is an implied admission of
the due execution and genuineness of the said
actionable documents.
• Thus, the plaintiff will not be permitted to present
evidence that will be contrary to his implied admission.
RULE 6
PLEADINGS
Section 11 Third, (fourth, etc.)— Section 11 Third, (fourth, etc.)-party

party complaint. — A third (fourth, complaint. — A third (fourth, etc.)-
etc.) — party complaint is a claim party complaint is a claim that a
that a defending party may, with defending party may, with leave of
leave of court, file against a person court, file against a person not a
not a party to the action, called the party to the action, called the third
third (fourth, etc.) — party defendant (fourth, etc.)-party defendant for
for contribution, indemnity, contribution, indemnity, subrogation
subrogation or any other relief, in or any other relief, in respect of his
respect of his opponent's claim. or her opponent's claim.
RULE 6
PLEADINGS
The third (fourth, etc.)-party
complaint shall be denied
admission, and the court shall
require the defendant to institute
a separate action, where: (a) the
third (fourth, etc.)- party
defendant cannot be located
within thirty (30) calendar days
from the grant of such leave; (b)
matters extraneous to the issue
in the principal case are raised;
or (c) the effect would be to
introduce a new and separate
controversy into the action.
RULE 9
Section 11
• Under the old Rule, there is no
requirement that the third party claim, etc.,
must be related to the main action. The
third party claim may be entirely separate
and distinct from the main action.
However, the admission of the third party
complaint is subject to the discretion by
the Court. It has to be filed with prior leave
of court.
RULE 9
Section 11
• Under the 2019 Amendments, the admission of the
third party complaint, etc., is subject to well defined
parameters.
• The third party complaint (fourth, etc.,) shall be denied
if:
 (a) the third (fourth, etc.)- party defendant cannot
be located within thirty (30) calendar days from the
grant of such leave;
 (b) matters extraneous to the issue in the principal
case are raised; or
 (c) the effect would be to introduce a new and
separate controversy into the action.
RULE 9
Section 11
• It can be gleaned from the amendment that
somehow, the third (fourth, etc.,) party complaint
must at least be related to the main action
because the new Section 11 provides that when
the matters are extraneous to the issued in
the principal case or the effect of the third
(fourth, etc.,) party complaint would be to
introduce a new and separate controversy
into the action, then the third (fourth, etc.,)
party complaint must be denied admission.
RULE 9
Section 11
• Trial courts are not especially enjoined

by law to admit a third party complaint.
They are vested with discretion to
allow or disallow a party to an action to
implead additional party. Thus, a
defendant has no vested right to file a
third- party complaint (China Banking
Corp. vs. Padilla, 514 SCRA 35, 42).
RULE 6
PLEADINGS
Section 12 Bringing new parties. — Section 12 Bringing new parties. —

When the presence of parties other When the presence of parties other
than those to the original action is than those to the original action is
required for the granting of complete required for the granting of complete
relief in the determination of a relief in the determination of a
counterclaim or cross-claim, the counterclaim or cross-claim, the
court shall order them to be brought court shall order them to be brought
in as defendants, if jurisdiction over in as defendants, if jurisdiction over
them can be obtained. them can be obtained.
RULE 6
PLEADINGS
Section 13 Answer to third (fourth, Section 13 Answer to third (fourth,

etc.)-party complaint. — A third etc.)-party complaint. — A third
(fourth, etc.)- party defendant may (fourth, etc.)- party defendant may
allege in his or her answer his or allege in his or her answer his or
her defenses, counterclaims or her defenses, counterclaims or
cross-claims, including such cross-claims, including such
defenses that the third (fourth, etc.)- defenses that the third (fourth, etc.)-
party plaintiff may have against the party plaintiff may have against the
original plaintiff's claim. In proper original plaintiff's claim. In proper
cases, he or she may also assert a cases, he or she may also assert a
counterclaim against the original counterclaim against the original
plaintiff in respect of the latter's plaintiff in respect of the latter's
claim against the third-party plaintiff. claim against the third-party plaintiff.
RULE 7
PARTS AND
CONSTENTS OF
PLEADING
RULE 7
PARTS AND CONTENTS OF PLEADINGS
Section 1 Caption. — The caption sets Section 1 Caption. — The caption sets
forth the name of the court, the title of forth the name of the court, the title of
the action, and the docket number if the action, and the docket number if
assigned. assigned.
The title of the action indicates the The title of the action indicates the
names of the parties. They shall all be names of the parties. They shall all be
named in the original complaint or named in the original complaint or
petition; but in subsequent pleadings, it petition; but in subsequent pleadings, it
shall be sufficient if the name of the first shall be sufficient if the name of the first
party on each side be stated with an party on each side be stated with an
appropriate indication when there are appropriate indication when there are
other parties. other parties.
Their respective participation in the case Their respective participation in the case
shall be indicated. shall be indicated.
RULE 7
PARTS AND CONTENTS OF PLEADING
Section 2 The body. — The body of Section 2 The body. — The body of
the pleading sets forth its designation, the pleading sets forth its designation,
the allegations of the party's claims or the allegations of the party's claims or
defenses, the relief prayed for, and defenses, the relief prayed for, and
the date of the pleading. the date of the pleading.
(a) Paragraphs. — The allegations in (a) Paragraphs. — The allegations in
the body of a pleading shall be the body of a pleading shall be
divided into paragraphs so numbered divided into paragraphs so numbered
to be readily identified, each of which to be readily identified, each of which
shall contain a statement of a single shall contain a statement of a single
set of circumstances so far as that set of circumstances so far as that
can be done with convenience. A can be done with convenience. A
paragraph may be referred to by its paragraph may be referred to by its
number in all succeeding pleadings. number in all succeeding pleadings.
RULE 7
(b) Headings. — When two or more (b) Headings. — When two or more
causes of action are joined, the causes of action are joined, the
statement of the first shall be prefaced statement of the first shall be prefaced
by the words "first cause of action,'' of by the words "first cause of action,'' of
the second by "second cause of action", the second by "second cause of action",
and so on for the others. and so on for the others.
When one or more paragraphs in the When one or more paragraphs in the
answer are addressed to one of several answer are addressed to one of several
causes of action in the complaint, they causes of action in the complaint, they
shall be prefaced by the words "answer shall be prefaced by the words "answer
to the first cause of action" or "answer to to the first cause of action" or "answer to
the second cause of action" and so on; the second cause of action" and so on;
and when one or more paragraphs of and when one or more paragraphs of
the answer are addressed to several the answer are addressed to several
causes of action, they shall be prefaced causes of action, they shall be prefaced
by words to that effect. by words to that effect.
RULE 7
(c) Relief. — The pleading shall (c) Relief. — The pleading shall
specify the relief sought, but it may specify the relief sought, but it may
add a general prayer for such add a general prayer for such
further or other relief as may be further or other relief as may be
deemed just or equitable. deemed just or equitable.
(d) Date. — Every pleading shall be (d) Date. — Every pleading shall be
dated. dated.
RULE 7
Section 3 Signature and address. Section 3 Signature and address.
Every pleading must be signed by (a) Every pleading and other written
the party or counsel representing submissions to the court must be
him, stating in either case his signed by the party or counsel
address which should not be a post representing him or her.
office box.
(b) The signature of counsel
The signature of counsel constitutes constitutes a certificate by him or
a certificate by him that he has read her that he or she has read the
the pleading; that to the best of his pleading and document; that to the
knowledge, information, and belief best of his or her knowledge,
there is good ground to support it; information, and belief, formed
and that it is not interposed for after an inquiry reasonable under
delay. the circumstances:
RULE 7
An unsigned pleading produces no (1) It is not being presented for
legal effect. However, the court may, any improper purpose, such as to
in its discretion, allow such harass, cause unnecessary delay,
deficiency to be remedied if it shall or needlessly increase the cost of
appear that the same was due to litigation;
mere inadvertence and not intended
(2) The claims, defenses, and
for delay. Counsel who deliberately
other legal contentions are
files an unsigned pleading, or signs
warranted by existing law or
a pleading in violation of this Rule,
jurisprudence, or by a non-
or alleges scandalous or indecent
frivolous argument for extending,
matter therein, or fails promptly
modifying, or reversing existing
report to the court a change of his
jurisprudence;
address, shall be subject to
appropriate disciplinary action.
RULE 7
(3) The factual contentions have
evidentiary support or, if
specifically so identified, will
likely have evidentiary support
after availment of the modes of
discovery under these rules; and
(4) The denials of factual
contentions are warranted on the
evidence or, if specifically so
identified, are reasonably based
on belief or a lack of information.
RULE 7
(c) If the court determines, on motion or motu
proprio and after notice and hearing, that this
rule has been violated, it may impose an
appropriate sanction or refer such violation to
the proper office for disciplinary action, on any
attorney, law firm, or party that violated the rule,
or is responsible for the violation. Absent
exceptional circumstances, a law firm shall be
held jointly and severally liable for a violation
committed by its partner, associate, or
employee. The sanction may include, but shall
not be limited to, non-monetary directive or
sanction; an order to pay a penalty in court; or, if
imposed on motion and warranted for effective
deterrence, an order directing payment to the
movant of part or all of the reasonable attorney’s
fees and other expenses directly resulting from
the violation, including attorney’s fees for the
filing of the motion for sanction. The lawyer or
law firm cannot pass on the monetary penalty to
the client.
Rule 7
Section 3
 Under the old rule, the signature of
lawyer in the pleading is a certification
that:
 1) he has read the pleading;
 2) that to the best of his knowledge,
information, and belief there is good
ground to support it; and
 3) that it is not interposed for delay.
Rule 7
Section 3
 Under the 2019 Amendments, the signature of lawyer in the
pleading and other written submission is a certification that:
 1) He or she has read the document;
 2) That to the best of his knowledge, information, and
belief formed after an inquiry reasonable under the
circumstances:
 (a) It is not being presented for any improper
purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation;
 (b) The claims, defenses, and other legal
contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing
jurisprudence;
Rule 7
Section 3
 (c) The factual contentions have
evidentiary support or, if specifically so
identified, will likely have evidentiary
support after availment of the modes of
discovery under these rules; and
 (d) The denials of factual contentions are
warranted on the evidence or, if
specifically so identified, are reasonably
based on belief or a lack of information.
Rule 7
Section 3
• Please take note:
• The lawyer may receive sanctions from

the Court if he or she violates the rule or
reneges on his or her certification. The
sanction may be extended to the law firm
which jointly and severally liable for a
violation committed by its partner,
associate, or employee.
Rule 7
Section 3
• Observation on the new Section 3, Rule
7:
• Under the 2019 Amendments, there is no
specified procedural consequence when a
party filed an unsigned pleading. However,
it is submitted that an unsigned pleading
would still produce no effect despite the
absence of such consequence under the
amendments.
RULE 7
Section 4 Verification. — Except Section 4 Verification. — Except
when otherwise specifically required when otherwise specifically required
by law or rule, pleadings need not be by law or rule, pleadings need not be
under oath, verified or accompanied under oath or verified.
by affidavit .(5a)
A pleading is verified by an
A pleading is verified by an affidavit affidavit of an affiant duly
that the affiant has read the pleading authorized to sign said verification.
and that the allegations therein are The authorization of the affiant to
true and correct of his knowledge and act on behalf of a party, whether in
belief. the form of a secretary’s certificate
or a special power of attorney,
A pleading required to be verified should be attached to the pleading,
which contains a verification based on and shall allege the following
"information and belief", or upon attestations:
"knowledge, information and belief",
or lacks a proper verification, shall be
treated as an unsigned pleading.
RULE 7
a. The allegations in the pleading

are true and correct based on his
or her personal knowledge, or
based on authentic documents.
b. The pleading is not filed to

harass, cause unnecessary delay,
or needlessly increase the cost of
litigation; and
c. The factual allegations therein

have evidentiary support after
reasonable opportunity for
discovery.
RULE 7
A pleading required to be verified

that contains a verification based on
“information and belief,” or upon
“knowledge, information and belief,”
or lacks a proper verification, shall
be treated as an unsigned pleading.
Rule 7
Section 4
• Under 2019 Amendments, a pleading is
verified by an affidavit of an affiant duly
authorized to sign said verification. The
authorization of the affiant to act on
behalf of a party, whether in the form of a
secretary’s certificate or a special power
of attorney, should be attached to the
pleading.
• This requirement is applicable when the one
who would verify the pleading is not the party
but the one who was authorized by the party.
RULE 7
Section 4
• The requirement that proof of authority

of the affiant who verified for and in
behalf of the party must be attached to
the pleading was introduced to
address, once and for all, the
persistent issue on whether the affiant
has the authority to verify the pleading
for and in behalf of the party.
Rule 7
Section 4
• The amendment must have been inspired
by the ruling of the Supreme Court in the
case of Cosco Philippines Shipping,
Inc., vs. Kemper Insurance Co, 670
SCRA 343. The SC ruled:
• “We have consistently held that the
certification against forum shopping must
be signed by the principal parties. If, for
any reason, the principal party cannot sign
the petition, the one signing on his behalf
must have been duly authorized.”
Rule 7
Section 4
• What are attested in the verification?
 A) The allegations in the pleading are true and correct
based on his or her personal knowledge, or based on
authentic documents.
 B) The pleading is not filed to harass, cause

unnecessary delay, or needlessly increase the cost of
litigation; and
 C) The factual allegations therein have evidentiary

support after reasonable opportunity for discovery.
Rule 7
Section 4
• This is an improvement of the old Rule.

• Under the old Rule what the verification
attest is only is that affiant has read the
pleading and that the allegations therein
are true and correct of his knowledge
and belief. Now, the affiant attests that
the pleading is not frivolous.
RULE 7
Section 5 Certification against forum Section 5 Certification against forum
shopping. — The plaintiff or principal shopping. — The plaintiff or principal
party shall certify under oath in the party shall certify under oath in the
complaint or other initiatory pleading complaint or other initiatory pleading
asserting a claim for relief, or in a asserting a claim for relief, or in a
sworn certification annexed thereto sworn certification annexed thereto
and simultaneously filed therewith: and simultaneously filed therewith:
(a) that he has not theretofore (a) that he has not theretofore
commenced any action or filed any commenced any action or filed any
claim involving the same issues in claim involving the same issues in
any court, tribunal or quasi-judicial any court, tribunal or quasi-judicial
agency and, to the best of his agency and, to the best of his
knowledge, no such other action or knowledge, no such other action or
claim is pending therein; claim is pending therein;
RULE 7
(b) if there is such other pending action (b) if there is such other pending action
or claim, a complete statement of the or claim, a complete statement of the
present status thereof; and present status thereof; and
(c) if he should thereafter learn that the (c) if he should thereafter learn that the
same or similar action or claim has been same or similar action or claim has been
filed or is pending, he shall report that filed or is pending, he shall report that
fact within five (5) days therefrom to the fact within five (5) calendar days
court wherein his aforesaid complaint or therefrom to the court wherein his
initiatory pleading has been filed. aforesaid complaint or initiatory pleading
has been filed.
The authorization of the affiant to act
on behalf of a party, whether in the
form of a secretary’s certificate or a
special power of attorney, should be
attached to the pleading.
RULE 7
Failure to comply with the foregoing Failure to comply with the foregoing
requirements shall not be curable by mere requirements shall not be curable by mere
amendment of the complaint or other amendment of the complaint or other
initiatory pleading but shall be cause for initiatory pleading but shall be cause for
the dismissal of the case without the dismissal of the case without
prejudice, unless otherwise provided, prejudice, unless otherwise provided,
upon motion and after hearing. The upon motion and after hearing. The
submission of a false certification or non- submission of a false certification or non-
compliance with any of the undertakings compliance with any of the undertakings
therein shall constitute indirect contempt therein shall constitute indirect contempt
of court, without prejudice to the of court, without prejudice to the
corresponding administrative and criminal corresponding administrative and criminal
actions. If the acts of the party or his actions. If the acts of the party or his
counsel clearly constitute willful and counsel clearly constitute willful and
deliberate forum shopping, the same shall deliberate forum shopping, the same shall
be ground for summary dismissal with be ground for summary dismissal with
prejudice and shall constitute direct prejudice and shall constitute direct
contempt, as well as a cause for contempt, as well as a cause for
administrative sanctions. administrative sanctions.
Rule 7
Section 5
• Consistent with Section 4, Rule 7,

Section 5 likewise mandates that the
authorization of the affiant to act on
behalf of a party, whether in the form
of a secretary’s certificate or a special
power of attorney, should be attached
to the pleading.
RULE 7
Section 6 Contents. — Every

pleading stating a party’s claims
or defenses shall, in addition to
those mandated by Section 2,
Rule 7, state the following:
NONE (a) Names of witnesses who will
be presented to prove a party’s
claim or defense;
RULE 7
(b) Summary of the witnesses’
intended testimonies, provided that
the judicial affidavits of said
witnesses shall be attached to the
pleading and form an integral part
thereof. Only witnesses whose
judicial affidavits are attached to the
NONE pleading shall be presented by the
parties during trial. Except if a party
presents meritorious reasons as
basis for the admission of additional
witnesses, no other witness or
affidavit shall be heard or admitted
by the court; and
(c) Documentary and object evidence
in support of the allegations
contained in the pleading.
Rule 7
Section 6
• This is a new provision which revolutionizes the format
of the complaint or answer. It is required under
Section 6, Rule 7 of the 2019 Amendments to state
the following:
 (a) Names of witnesses who will be presented to
prove a party’s claim or defense;
 (b) Summary of the witnesses’ intended
testimonies, provided that the judicial affidavits of
said witnesses shall be attached to the pleading
and form an integral part thereof.
 (c) Documentary and object evidence in support of
the allegations contained in the pleading.
Rule 7
Section 6
• What is the effect if a party fails to attach to his or
her complaint or answer the affidavit or his or her
witnesses?
• A party may not be able to present as witnesses those
whose judicial affidavits were not attached to complaint
or answer. Section 6, Rule 7 provides: “Only witnesses
whose judicial affidavits are attached to the pleading
shall be presented by the parties during trial.”
• Can a party present other witnesses in addition to
those whose judicial affidavits are attached to the
pleading?
• Yes, but only for meritorious reasons.
Rule 7
Section 6
• Some observations on Section 6, Rule 7.
• Section 6 does not provide for the consequence if the
documentary or object evidence in support of the
allegations were not stated in the pleading. Can a party
still present them as evidence?
• What if the pleading failed to state the name of the
witnesses and the nature of their testimony or failed to
attached their judicial affidavit or failed to state the
documentary or object evidence in support of the
allegation in the pleading? What should the court do?
• The 2019 Amendments did address this situation.
RULE 8
Manner of Making
Allegations in
Pleadings
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1 In general. — Every Section 1 In general. — Every

pleading shall contain in a pleading shall contain in a
methodical and logical form, a plain, methodical and logical form, a plain,
concise and direct statement of the concise and direct statement of the
ultimate facts on which the party ultimate facts, including the
pleading relies for his claim or evidence on which the party
defense, as the case may be, pleading relies for his or her claim
omitting the statement of mere or defense, as the case may be.
evidentiary facts.
If a cause of action or defense
relied on is based on law, the
If a defense relied on is based on
pertinent provisions thereof and
law, the pertinent provisions thereof
their applicability to him or her shall
and their applicability to him shall be
be clearly and concisely stated.
clearly and concisely stated.
RULE 8
Section 1
• Section 1, Rule 8 of the 2019 Amendments mandates that the
pleading not only contain concise and direct statement of the
ultimate facts constituting party’s claim or defense. It also
requires to state the evidence needed in order to prove said
ultimate facts.
• This is to be consistent with Section 6, Rule 7.
• This rule can be likened to the Section 3, Rule 3 of the Rules
of Procedure for Environmental Cases which provides that:
“The plaintiff shall attach to the verified complaint all evidence
proving or supporting the cause of action consisting of the
affidavits of witnesses, documentary evidence and if possible,
object evidence. The affidavits shall be in question and
answer form and shall comply with the rules of admissibility of
evidence.”
RULE 8
Section 2 Alternative causes of Section 2 Alternative causes of

action or defenses. — A party may action or defenses. — A party may
set forth two or more statements of set forth two or more statements of
a claim or defense alternatively or a claim or defense alternatively or
hypothetically, either in one cause of hypothetically, either in one cause of
action or defense or in separate action or defense or in separate
causes of action or defenses. When causes of action or defenses. When
two or more statements are made in two or more statements are made in
the alternative and one of them if the alternative and one of them if
made independently would be made independently would be
sufficient, the pleading is not made sufficient, the pleading is not made
insufficient by the insufficiency of insufficient by the insufficiency of
one or more of the alternative one or more of the alternative
statements. statements.
RULE 8
Section 3 Conditions precedent. — Section 3 Conditions precedent. —

In any pleading, a general averment In any pleading, a general averment
of the performance or occurrence of of the performance or occurrence of
all conditions precedent shall be all conditions precedent shall be
sufficient. sufficient.
RULE 8
Section 4 Capacity. — Facts Section 4 Capacity. — Facts
showing the capacity of a party to showing the capacity of a party to
sue or be sued or the authority of a sue or be sued or the authority of a
party to sue or be sued in a party to sue or be sued in a
representative capacity or the legal representative capacity or the legal
existence of an organized existence of an organized
association of persons that is made association of persons that is made
a party, must be averred. A party a party, must be averred. A party
desiring to raise an issue as to the desiring to raise an issue as to the
legal existence of any party or the legal existence of any party or the
capacity of any party to sue or be capacity of any party to sue or be
sued in a representative capacity, sued in a representative capacity,
shall do so by specific denial, which shall do so by specific denial, which
shall include such supporting shall include such supporting
particulars as are peculiarly within particulars as are peculiarly within
the pleader’s knowledge. the pleader’s knowledge.
RULE 8
Section 5 Fraud, mistake, condition Section 5 Fraud, mistake, condition

of the mind. — In all averments of of the mind. — In all averments of
fraud or mistake the circumstances fraud or mistake the circumstances
constituting fraud or mistake must constituting fraud or mistake must
be stated with particularity. Malice, be stated with particularity. Malice,
intent, knowledge, or other condition intent, knowledge, or other condition
of the mind of a person may be of the mind of a person may be
averred generally. averred generally.
RULE 8
Section 6 Judgment. — In pleading Section 6 Judgment. — In pleading

a judgment or decision of a a judgment or decision of a
domestic or foreign court, judicial or domestic or foreign court, judicial or
quasi-judicial tribunal, or of a board quasi-judicial tribunal, or of a board
or officer, it is sufficient to aver the or officer, it is sufficient to aver the
judgment or decision without setting judgment or decision without setting
forth matter showing jurisdiction to forth matter showing jurisdiction to
render it. render it. An authenticated copy
of the judgment or decision shall
be attached to the pleading.
RULE 8
Section 6
• In pleading a judgement or decision, it
is not sufficient to aver the judgment or
decision. It is required that the
authenticated copy of the judgment or
decision must be attached to the
pleading.
RULE 8
Section 7 Action or defense based Section 7 Action or defense based

on document. - Whenever an action on document. - Whenever an action
or defense is based upon a written or defense is based upon a written
instrument or document, the instrument or document, the
substance of such instrument or substance of such instrument or
document shall be set forth in the document shall be set forth in the
pleading, and the original or a copy pleading, and the original or a copy
thereof shall be attached to the thereof shall be attached to the
pleading as an exhibit, which shall pleading as an exhibit, which shall
be deemed to be a part of the be deemed to be a part of the
pleading. pleading.
RULE 8
Section 8 How to contest such Section 8 How to contest such
documents. - When an action or documents. - When an action or
defense is founded upon a written defense is founded upon a written
instrument, or attached to the instrument, or attached to the
corresponding pleading as provided in corresponding pleading as provided in
the preceding section, the genuineness the preceding section, the genuineness
and due execution of the instrument and due execution of the instrument
shall be deemed admitted unless the shall be deemed admitted unless the
adverse party, under oath specifically adverse party, under oath specifically
denies them, and sets forth what he denies them, and sets forth what he or
claims to be the facts; but the she claims to be the facts; but the
requirement of an oath does not apply requirement of an oath does not apply
when the adverse party does not appear when the adverse party does not appear
to be a party to the instrument or when to be a party to the instrument or when
compliance with an order for an compliance with an order for an
inspection of the original instrument is inspection of the original instrument is
refused. refused.
RULE 8
Section 9 Official document or Section 9 Official document or

act.- In pleading an official act.- In pleading an official
document or official act, it is document or official act, it is
sufficient to aver that the sufficient to aver that the
document was issued or the act document was issued or the act
done in compliance with law. done was in compliance with
law.
RULE 8
Section 10 Specific denial. — A Section 10 Specific denial. — A
defendant must specify each material defendant must specify each material
allegation of fact the truth of which he allegation of fact the truth of which he or
does not admit and, whenever she does not admit and, whenever
practicable, shall set forth the substance practicable, shall set forth the substance
of the matters upon which he or she of the matters upon which he or she
relies to support his denial. Where a relies to support his or her denial.
defendant desires to deny only a part of Where a defendant desires to deny only
an averment, he shall specify so much a part of an averment, he or she shall
of it as is true and material and shall specify so much of it as is true and
deny only the remainder. Where a material and shall deny only the
defendant is without knowledge or remainder. Where a defendant is
information sufficient to form a belief as without knowledge or information
to the truth of a material averment made sufficient to form a belief as to the truth
to the complaint, he shall so state, and of a material averment made to the
this shall have the effect of a denial. complaint, he or she shall so state, and
this shall have the effect of a denial.
RULE 8
Section 11 Allegations not Section 11 Allegations not

specifically denied deemed specifically denied deemed
admitted. — Material averment in admitted. — Material averments in
the complaint, other than those as a pleading asserting a claim or
to the amount of unliquidated claims, other than those as to the
damages, shall be deemed amount of unliquidated damages,
admitted when not specifically shall be deemed admitted when not
denied. Allegations of usury in a specifically denied. Allegations of
complaint to recover usurious usury in a complaint to recover
interest are deemed admitted if not usurious interest are deemed
denied under oath. admitted if not denied under oath.
RULE 8
Section 12 Striking out of pleading or Section 12 Affirmative defenses- (a) A
matter contained therein. — Upon motion defendant shall raise his or her
made by a party before responding to a affirmative defenses in his or her
pleading or, if no responsive pleading is answer, which shall be limited to the
permitted by these Rules, upon motion reasons set forth under Section 5 (b),
made by a party within twenty (20) days Rule 6, and the following grounds:
after the service of the pleading upon him,
or upon the court's own initiative at any (1) That the court has no jurisdiction
time, the court may order any pleading to over the person of the defending
be stricken out or that any sham or false, party;
redundant, immaterial, impertinent, or (2) That the venue is improperly laid;
scandalous matter be stricken out (3) That the plaintiff has no legal
therefrom. capacity to sue;
(4) That the pleading asserting the
*now section 13 with minor amendments claim states no cause of action; and
(5) That the condition precedent for
filing the claim has not been copied
with.
RULE 8
(b) Failure to raise the affirmative
defenses at the earliest opportunity
shall constitute a waiver thereof.
(c) The court shall motu proprio

resolve the above affirmative
defenses within thirty (30) calendar
days from the filing of the answer.
RULE 8
(d) As to the other affirmative defenses
under the first paragraph of Section
5(b), Rule 6, the court may conduct a
summary hearing within fifteen (15)
calendar days from the filing of the
answer. Such affirmative defenses
shall be resolved by the court within
thirty (30) calendar days from the
termination of the summary hearing.
(e) Affirmative defenses, if denied, 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 in appeal after a judgement on
the merits.
RULE 8
Section 12
• Section 12, Rule 8 of the 2019 Amendments
substantially changed the concept of
affirmative defense. Under the new rule,
affirmative defenses are not limited to those
matters stated in Section 5 (b), Rule 6.
Affirmative defenses must now include the
different grounds for a motion to dismiss
under Section 1, Rule 16 of the old Rules.
• This should be read in conjunction with
Section 5 (b), Rule 6.
RULE 8
Section 12
• What are the affirmative defences under
Section 5(b)?
• The affirmative defenses include fraud,
statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former
recovery, discharge in bankruptcy, and any
other matter by way of confession and
avoidance.
• Lack of subject matter jurisdiction, litis
pendencia and res judicata.
RULE 8
Section 12
• What are the other grounds which must be
alleged as affirmative defenses?
• 1) That the court has no jurisdiction over the

person of the defending party;
• 2) That the venue is improperly laid;
• 3) That the plaintiff has no legal capacity to sue;
• 4) That the pleasing asserting the claim states no
cause of action; and
• 5) That the condition precedent for filing the claim
has not been copied with.
RULE 8
Section 12
• What is the effect of failure to plead
those grounds as affirmative
defenses?
• Failure to raise the affirmative

defenses at the earliest opportunity
shall constitute a waiver thereof
(Section 12, Rule 8).
RULE 8
Section 12
• What should be the action of the court
on the affirmative defenses?
• The court shall motu proprio resolve the

affirmative defenses under Section 12
within thirty (30) calendar days from the
filing of the answer. (Section 12, Rule 8). It
is not necessary for the Court to conduct a
hearing before it can resolve these grounds.
RULE 8
Section 12
• PLEASE TAKE NOTE:
• With respect to affirmative defenses

Section 5 (b), Rule 6, the Court shall
resolve the same within thirty (30) calendar
days from the termination of the summary
hearing.
• Hearing, therefore, may be required by the
court which must be summary.
RULE 8
Section 12
• PLEASE TAKE NOTE ALSO:
• Affirmative defenses, if denied, 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 in appeal
after a judgement on the merits.
RULE 8
Section 13 Striking out of pleading or
matter contained therein. — Upon
motion made by a party before
responding to a pleading or, if no
responsive pleading is permitted by
these Rules, upon motion made by a
party within twenty (20) calendar
days after the service of the pleading
upon him or her, or upon the court's
own initiative at any time, the court
may order any pleading to be stricken
out or that any sham or false,
redundant, immaterial, impertinent, or
scandalous matter be stricken out
therefrom.
RULE 9
Effect of Failure
to Plead
RULE 9
EFFECT OF FAILURE TO PLEAD
Section 1 Defenses and objections Section 1 Defenses and objections

not pleaded. — Defenses and not pleaded. — Defenses and
objections not pleaded either in a objections not pleaded either in a
motion to dismiss or in the answer motion to dismiss or in the answer
are deemed waived. However, are deemed waived. However,
when it appears from the pleadings when it appears from the pleadings
or the evidence on record that the or the evidence on record that the
court has no jurisdiction over the court has no jurisdiction over the
subject matter, that there is another subject matter, that there is another
action pending between the same action pending between the same
parties for the same cause, or that parties for the same cause, or that
the action is barred by a prior the action is barred by a prior
judgment or by statute of limitations, judgment or by statute of limitations,
the court shall dismiss the claim. the court shall dismiss the claim.
RULE 9
Section 2 Compulsory Section 2 Compulsory

counterclaim, or cross-claim, not set counterclaim, or cross-claim, not set
up barred. — A compulsory up barred. — A compulsory
counterclaim, or a cross-claim, not counterclaim, or a cross-claim, not
set up shall be barred. set up shall be barred.
RULE 9
Section 2
• This section should be read in
conjunction with Section 7, Rule 6
which provides that “a compulsory
counterclaim not raised in the same
action is barred, unless otherwise
allowed by these Rules.”
RULE 9
Section 3 Default; declaration of. — If Section 3 Default; declaration of. — If

the defending party fails to answer the defending party fails to answer
within the time allowed therefor, the within the time allowed therefor, the
court shall, upon motion of the claiming court shall, upon motion of the claiming
party with notice to the defending party, party with notice to the defending party,
and proof of such failure, declare the and proof of such failure, declare the
defending party in default. Thereupon, defending party in default. Thereupon,
the court shall proceed to render the court shall proceed to render
judgment granting the claimant such judgment granting the claimant such
relief as his pleading may warrant, relief as his or her pleading may
unless the court in its discretion requires warrant, unless the court in its discretion
the claimant to submit evidence. Such requires the claimant to submit
reception of evidence may be delegated evidence. Such reception of evidence
to the clerk of court. may be delegated to the clerk of court.
RULE 9
(a) Effect of order of default. — A party (a) Effect of order of default. — A party
in default shall be entitled to notice of in default shall be entitled to notice of
subsequent proceedings but not to take subsequent proceedings but shall not
part in the trial. to take part in the trial.
(b) Relief from order of default. — A (b) Relief from order of default. — A
party declared in default may at any party declared in default may at any
time after notice thereof and before time after notice thereof and before
judgment file a motion under oath to set judgment file a motion under oath to set
aside the order of default upon proper aside the order of default upon proper
showing that his failure to answer was showing that his or her failure to answer
due to fraud, accident, mistake or was due to fraud, accident, mistake or
excusable negligence and that he has a excusable negligence and that he or
meritorious defense. In such case, the she has a meritorious defense. In such
order of default may be set aside on case, the order of default may be set
such terms and conditions as the judge aside on such terms and conditions as
may impose in the interest of justice. the judge may impose in the interest of
justice.
RULE 9
(c) Effect of partial default. — When a (c) Effect of partial default. — When a
pleading asserting a claim states a pleading asserting a claim states a
common cause of action against several common cause of action against several
defending parties, some of whom defending parties, some of whom
answer and the others fail to do so, the answer and the others fail to do so, the
court shall try the case against all upon court shall try the case against all upon
the answers thus filed and render the answers thus filed and render
judgment upon the evidence presented. judgment upon the evidence presented.
(d) Extent of relief to be awarded. — A (d) Extent of relief to be awarded. — A
judgment rendered against a party in judgment rendered against a party in
default shall not exceed the amount or default shall not exceed the amount or
be different in kind from that prayed for be different in kind from that prayed for
nor award unliquidated damages. nor award unliquidated damages.
RULE 9
(e) Where no defaults allowed. — If the (e) Where no defaults allowed. — If the
defending party in an action for defending party in an action for
annulment or declaration of nullity of annulment or declaration of nullity of
marriage or for legal separation fails to marriage or for legal separation fails to
answer, the court shall order the answer, the court shall order the
prosecuting attorney to investigate Solicitor General or his or her
whether or not a collusion between the deputized public prosecutor to
parties exists, and if there is no investigate whether or not a collusion
collusion, to intervene for the State in between the parties exists, and if there
order to see to it that the evidence is no collusion, to intervene for the State
submitted is not fabricated. in order to see to it that the evidence
submitted is not fabricated.
RULE 10
AMENDED
AND SUPPLEMENTAL
PLEADINGS
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
Section 1. Amendments in general. Section 1. Amendments in general.

— Pleadings may be amended by — Pleadings may be amended by
adding or striking out an allegation or adding or striking out an allegation or
the name of any party, or by the name of any party, or by
correcting a mistake in the name of a correcting a mistake in the name of a
party or a mistaken or inadequate party or a mistaken or inadequate
allegation or description in any other allegation or description in any other
respect, so that the actual merits of respect, so that the actual merits of
the controversy may speedily be the controversy may speedily be
determined, without regard to determined, without regard to
technicalities, and in the most technicalities, in the most expeditious
expeditious and inexpensive manner. and inexpensive manner. (1a)
(1)
RULE 10
Section 2. Amendments as a Section 2. Amendments as a

matter of right. — A party may matter of right. — A party may
amend his pleading once as a amend his pleading once as a
matter of right at any time matter of right at any time
before a responsive pleading is before a responsive pleading is
served or, in the case of a served or, in the case of a
reply, at any time within ten reply, at any time within ten
(10) days after it is served. (2a) (10) calendar days after it is
served. (2a)
RULE 10
Section 3. Amendments by leave of Section 3. Amendments by leave of
court. — Except as provided in the next court. — Except as provided in the next
preceding section, substantial preceding Section, substantial
amendments may be made only upon amendments may be made only upon
leave of court. But such leave may be leave of court. But such leave shall be
refused if it appears to the court that refused if it appears to the court that
the motion was made with intent to the motion was made with intent to
delay. Orders of the court upon the delay or confer jurisdiction on the
matters provided in this section shall be court, or the pleading stated no
made upon motion filed in court, and cause of action from the beginning
after notice to the adverse party, and which could be amended. Orders of
an opportunity to be heard. (3a) the court upon the matters provided in
this Section shall be made upon motion
filed in court, and after notice to the
adverse party, and an opportunity to be
heard. (3a)
RULE 10
Section 3
• Section 3 of the 2019 Amendments
emphasizes that if respondent pleading has
already been filed, substantial amendment
may be made only by leave of court.
• However, leave of court shall be denied if the
motion was made 1) with the intent to delay;
2) confer jurisdiction on the court; 3) or the
pleading stated no cause of action from the
beginning which could be amended.
RULE 10
Section 3
• Leave of court shall be denied if the purpose of
amendment is to confer jurisdiction after the
responsive pleading is filed.
• Complaint cannot be amended to confer jurisdiction on
the court in which it was filed, if the cause of action
originally set forth was not within the court’s
jurisdiction (Campos Rueda Corp. vs. Baustista, 6
SCRA 240, 244).
• This is because the court must first acquire jurisdiction
over the subject matter in order to act validly on the
same including its amendment (Gaspar vs. Dorado,
15 SCRA 331, 334).
RULE 10
Section 3
• Leave of court shall also be denied if the purpose
of amendment is to allege a cause of action if at
the time of the filing of complaint, there is in fact
no cause of action.
• The amendment must have been inspired by
the case of Swagman Hotels and Travel vs. CA,
455 SCRA 175.
• In this case amendment to conform to
evidence is available only if a cause of action
in fact exists at the time the complaint is filed.
RULE 10
Section 4. Formal Section 4. Formal

amendments. — A defect in the amendments. — A defect in the
designation of the parties and designation of the parties and
other clearly clerical or other clearly clerical or
typographical errors may be typographical errors may be
summarily corrected by the summarily corrected by the
court at any stage of the action, court at any stage of the action,
at its initiative or on motion, at its initiative or on motion,
provided no prejudice is caused provided no prejudice is caused
thereby to the adverse party. thereby to the adverse party. (4)
(4a)
RULE 10
Section 5. Amendment to conform to Section 5. No amendment necessary

or authorize presentation of evidence. to conform to or authorize presentation
— When issues not raised by the of evidence. — When issues not raised
pleadings are tried with the express or by the pleadings are tried with the
implied consent of the parties they shall express or implied consent of the
be treated in all respects as if they had parties, they shall be treated in all
been raised in the pleadings. Such respects as if they had been raised in
amendment of the pleadings as may be the pleadings. No amendment of
necessary to cause them to conform to such pleadings deemed amended is
the evidence and to raise these issues necessary to cause them to conform
may be made upon motion of any party to the evidence. (5a)
at any time, even after judgment; but
failure to amend does not effect the
result of the trial of these issues. If
evidence
RULE 10
is objected to at the trial on the ground

that it is not within the issues made by
the pleadings, the court may allow the
pleadings to be amended and shall do
so with liberality if the presentation of
the merits of the action and the ends of
substantial justice will be subserved
thereby. The court may grant a
continuance to enable the amendment
to be made. (5a)
RULE 10
Section 5
• Section 5 of the new Rules does not anymore
require amendment of the pleading to
conform to evidence when issues not raised
by the pleadings are tried with the express or
implied consent of the parties.
• This is because the new issues shall be

treated in all respects as if they had been
raised in the pleadings.
RULE 10
Section 6. Supplemental pleadings. Section 6. Supplemental pleadings.

— Upon motion of a party the court — Upon motion of a party, the court
may, upon reasonable notice and may, upon reasonable notice and
upon such terms as are just, permit upon such terms as are just, permit
him to serve a supplemental him or her to serve a supplemental
pleading setting forth transactions, pleading setting forth transactions,
occurrences or events which have occurrences or events which have
happened since the date of the happened since the date of the
pleading sought to be supplemented. pleading sought to be supplemented.
The adverse party may plead thereto The adverse party may plead thereto
within ten (10) days from notice of within ten (10) calendar days from
the order admitting the supplemental notice of the order admitting the
pleading. (6a) supplemental pleading. (6a)
RULE 10
Section 7. Filing of amended Section 7. Filing of amended

pleadings. — When any pleadings. — When any
pleading is amended, a new pleading is amended, a new
copy of the entire pleading, copy of the entire pleading,
incorporating the amendments, incorporating the amendments,
which shall be indicated by which shall be indicated by
appropriate marks, shall be appropriate marks, shall be
filed. (7a) filed. (7)
RULE 10
Section 8. Effect of amended Section 8. Effect of amended

pleadings. — An amended pleadings. — An amended
pleading supersedes the pleading supersedes the
pleading that it amends. pleading that it amends.
However, admissions in However, admissions in
superseded pleadings may be superseded pleadings may be
received in evidence against offered in evidence against the
the pleader, and claims or pleader, and claims or defenses
defenses alleged therein not alleged therein not incorporated
incorporated in the amended in the amended pleading shall
pleading shall be deemed be deemed waived. (8a)
waived. (n)
RULE 11
WHEN TO FILE
RESPONSIVE PLEADINGS
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
Section 1. Answer to the complaint. — Section 1. Answer to the complaint. —

The defendant shall file his answer to The defendant shall file his or her
the complaint within fifteen (15) days answer to the complaint within thirty
after service of summons, unless a (30) calendar days after service of
different period is fixed by the court. summons, unless a different period is
(1a) fixed by the court. (1a)
Section 2. Answer of a defendant Section 2. Answer of a defendant

foreign private juridical entity. — Where foreign private juridical entity. — Where
the defendant is a foreign private the defendant is a foreign private
juridical entity and service of summons juridical entity and service of summons
is made on the government official is made on the government official
designated by law to receive the same, designated by law to receive the same,
the answer shall be filed within thirty the answer shall be filed within sixty
(30) days after receipt of summons by (60) calendar days after receipt of
such entity. (2a) summons by such entity. (2a)
RULE 11
Section 3. Answer to amended Section 3. Answer to amended

complaint. — When the plaintiff files an complaint. — When the plaintiff files an
amended complaint as a matter of amended complaint as a matter of
right, the defendant shall answer the right, the defendant shall answer the
same within fifteen (15) days after same within thirty (30) calendar days
being served with a copy thereof. after being served with a copy thereof.
Where its filing is not a matter of right, Where its filing is not a matter of right,
the defendant shall answer the the defendant shall answer the
amended complaint within ten (10) amended complaint within fifteen (15)
days from notice of the order admitting calendar days from notice of the order
the same. An answer earlier filed may admitting the same. An answer earlier
serve as the answer to the amended filed may serve as the answer to the
complaint if no new answer is filed. amended complaint if no new answer is
filed.
RULE 11
This Rule shall apply to the answer to This Rule shall apply to the answer to
an amended counterclaim, amended an amended counterclaim, amended
cross-claim, amended third (fourth, cross-claim, amended third (fourth,
etc.)—party complaint, and amended etc.)-party complaint, and amended
complaint-in-intervention. (3a) complaint-in-intervention. (3a)
Section 4. Answer to counterclaim or Section 4. Answer to counterclaim or

cross-claim. — A counterclaim or cross-claim. — A counterclaim or
cross-claim must be answered within cross-claim must be answered within
ten (10) days from service. (4) twenty (20) calendar days from
service. (4a)
RULE 11
Section 5. Answer to third (fourth, Section 5. Answer to third (fourth, etc.)

etc.)-party complaint. — The time to -party complaint. — The time to answer
answer a third (fourth, etc.)—party a third (fourth, etc.) — party complaint
complaint shall be governed by the shall be governed by the same rule as
same rule as the answer to the the answer to the complaint. (5)
complaint. (5a)
Section 6. Reply. — A reply may be Section 6. Reply. — A reply, if

filed within ten (10) days from service allowed under Section 10, Rule 6
of the pleading responded to. (6) hereof, may be filed within fifteen
(15) calendar days from service of the
pleading responded to. (6a)
RULE 11
Section 7. Answer to Section 7. Answer to

supplemental complain. — A supplemental complaint. — A
supplemental complaint may be supplemental complaint may be
answered within ten (10) days answered within twenty (20)
from notice of the order admitting calendar days from notice of the
the same, unless a different order admitting the same, unless
period is fixed by the court. The a different period is fixed by the
answer to the complaint shall court. The answer to the
serve as the answer to the complaint shall serve as the
supplemental complaint if no new answer to the supplemental
or supplemental answer is filed. complaint if no new or
(n) supplemental answer is filed. (7a)
RULE 11
Section 8. Existing counterclaim or Section 8. Existing counterclaim or

cross-claim. — A compulsory cross-claim. — A compulsory
counterclaim or a cross-claim that a counterclaim or a cross-claim that a
defending party has at the time he files defending party has at the time he or
his answer shall be contained therein. she files his or her answer shall be
(8a, R6) contained therein. (8a)
Section 9. Counterclaim or cross-claim Section 9. Counterclaim or cross-claim

arising after answer. — A counterclaim arising after answer. — A counterclaim
or a cross-claim which either matured or a cross-claim which either matured
or was acquired by a party after serving or was acquired by a party after serving
his pleading may, with the permission his or her pleading may, with the
of the court, be presented as a permission of the court, be presented
counterclaim or a cross-claim by as a counterclaim or a cross-claim by
supplemental pleading before supplemental pleading before
judgment. (9, R6) judgment. (9a)
When to responsive pleading?
• Answer to complaint – 30 days after service of
Summons (Section 1, Rule 11).
• Answer of a defendant foreign private juridical entity
when summons is made on government official
designated by law to receive the same – 60 days
from receipt of summons (Section 2, Rule 11).
• Answer to amended complaint – 30 days if
amendment is a matter or right or 15 days if
amendment is not a matter of right. This rule shall
apply to answer to amended counterclaim, cross-
claim, third (fourth, etc.,) complaint or complaint-
in-intervention (Section 2, Rule 11).
When to responsive pleading?
• Answer to counterclaim or cross-claim – 20
days from service (Section 4, Rule 11).
• Answer to Third party, etc., - 30 days
• Reply under Section 10, Rule 6, – 15 days
from service (Section 6, Rule 11).
• Answer to supplemental complaint – 20 days
from notice of the order admitting
RULE 11
Section 10. Omitted Section 10. Omitted

counterclaim or cross-claim. — counterclaim or cross- claim. —
When a pleader fails to set up a When a pleader fails to set up a
counterclaim or a cross-claim counterclaim or a cross-claim
through oversight, inadvertence, through oversight, inadvertence,
or excusable neglect, or when or excusable neglect, or when
justice requires, he may, by justice requires, he or she may,
leave of court, set up the by leave of court, set up the
counterclaim or cross-claim by counterclaim or cross-claim by
amendment before judgment. amendment before judgment.
(3, R9) (10a)
RULE 11
Section 11. Extension of time to plead. Section 11. Extension of time to file
— Upon motion and on such terms as an answer. — A defendant may, for
may be just, the court may extend the meritorious reasons, be granted an
time to plead provided in these Rules. additional period of not more than
thirty (30) calendar days to file an
The court may also, upon like terms, answer. A defendant is only allowed
allow an answer or other pleading to be to file one (1) motion for extension
filed after the time fixed by these Rules. of time to file an answer.
(7)
A motion for extension to file any
pleading, other than an answer, is
prohibited and considered a mere
scrap of paper. The court, however,
may allow any other pleading to be
filed after the time fixed by these
Rules. (11a)
RULE 11
Section 11
• Under the new rule, only one motion for
extension time to file Answer may be granted
by the court. The court can grant another 30
days to file an Answer.
• A motion for extension to file any pleading,
other than an answer, is prohibited and
considered a mere scrap of paper. The court,
however, may allow any other pleading to be
filed after the time fixed by these Rules.
RULE 12
BILL OF PARTICULARS
RULE 12
BILL OF PARTICULARS
Section 1. When applied for; purpose. Section 1. When applied for; purpose.
— Before responding to a pleading, a — Before responding to a pleading, a
party may move for a definite party may move for a definite
statement or for a bill of particulars of statement or for a bill of particulars of
any matter which is not averted with any matter, which is not averred with
sufficient definiteness or particularity to sufficient definiteness or particularity, to
enable him properly to prepare his enable him or her properly to prepare
responsive pleading. If the pleading is his or her responsive pleading. If the
a reply, the motion must be filed within pleading is a reply, the motion must be
ten (10) days from service thereof. filed within ten (10) calendar days from
Such motion shall point out the defects service thereof. Such motion shall point
complained of, the paragraphs wherein out the defects complained of, the
they are contained, and the details paragraphs wherein they are
desired. (1a) contained, and the details desired. (1a)
RULE 12
BILL OF PARTICULARS
Section 2. Action by the court. Section 2. Action by the court.

— Upon the filing of the motion, — Upon the filing of the motion,
the clerk of court must the clerk of court must
immediately bring it to the immediately bring it to the
attention of the court which may attention of the court, which
either deny or grant it outright, may either deny or grant it
or allow the parties the outright, or allow the parties the
opportunity to be heard. (n) opportunity to be heard. (2)
RULE 12
BILL OF PARTICULARS
Section 3. Compliance with order. Section 3. Compliance with order.

— If the motion is granted, either in — If the motion is granted, either in
whole or in part, the compliance whole or in part, the compliance
therewith must be effected within therewith must be effected within
ten (10) days from notice of the ten (10) calendar days from notice
order, unless a different period is of the order, unless a different
fixed by the court. The bill of period is fixed by the court. The bill
particulars or a more definite of particulars or a more definite
statement ordered by the court may statement ordered by the court may
be filed either in a separate or in an be filed either in a separate or in an
amended pleading, serving a copy amended pleading, serving a copy
thereof on the adverse party. (n) thereof on the adverse party. (3a)
RULE 12
BILL OF PARTICULARS
Section 4. Effect of non- Section 4. Effect of non -

compliance. — If the order is compliance. — If the order is
not obeyed, or in case of not obeyed, or in case of
insufficient compliance insufficient compliance
therewith, the court may order therewith, the court may order
the striking out of the pleading the striking out of the pleading
or the portions thereof to which or the portions thereof to which
the order was directed or make the order was directed, or make
such other order as it deems such other order as it deems
just. (1[c]a) just. (4)
RULE 12
BILL OF PARTICULARS
Section 5. Stay of period to file Section 5. Stay of period to file

responsive pleading. — After responsive pleading. — After
service of the bill of particulars or service of the bill of particulars or
of a more definite pleading, or of a more definite pleading, or
after notice of denial of his after notice of denial of his or her
motion, the moving party may file motion, the moving party may file
his responsive pleading within the his or her responsive pleading
period to which he was entitled at within the period to which he or
the time of filing his motion, which she was entitled at the time of
shall not be less than five (5) filing his or her motion, which
days in any event. (1[b]a) shall not be less than five (5)
calendar days in any event. (5a)
RULE 12
BILL OF PARTICULARS
Section 6. Bill a part of Section 6. Bill a part of

pleading. — A bill of particulars pleading. — A bill of particulars
becomes part of the pleading becomes part of the pleading
for which it is intended. (1[a]a) for which it is intended. (6)
RULE 13
FILING AND SERVICE OF

PLEADINGS, JUDGMENTS
AND OTHER PAPERS
RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS
AND OTHER PAPERS
Section 1. Coverage. — This Section 1. Coverage. — This

Rule shall govern the filing of all Rule shall govern the filing of all
pleadings and other papers, as pleadings, motions, and other
well as the service thereof, court submissions, as well as
except those for which a their service, except those for
different mode of service is which a different mode of
prescribed. (n) service is prescribed. (1a)
RULE 13
Section 1
• Rule 13 governs the rule on the filing and
service of pleadings, motions and other
court submissions.
• There are documents filed in court which
are not within the category of pleadings or
motions. For instance, manifestations,
formal offer evidence, or entry of
appearance. These are court submissions.
RULE 13
AND OTHER PAPERS
Section 2. Filing and service, defined. Section 2. Filing and Service, defined.
— Filing is the act of presenting the — Filing is the act of submitting the
pleading or other paper to the clerk of pleading or other paper to the court.
court.
Service is the act of providing a party
Service is the act of providing a party with a copy of the pleading or any
with a copy of the pleading or paper other court submission. If a party has
concerned. If any party has appeared appeared by counsel, service upon
by counsel, service upon him shall be such party shall be made upon his or
made upon his counsel or one of them, her counsel, unless service upon the
unless service upon the party himself is party and the party’s counsel is
ordered by the court. Where one ordered by the court. Where one
counsel appears for several parties, he counsel appears for several parties,
shall only be entitled to one copy of any such counsel shall only be entitled to
paper served upon him by the opposite one copy of any paper served by the
side. (2a) opposite side.
RULE 13
AND OTHER PAPERS
Where several counsels

appear for one party, such
party shall be entitled to
only one copy of any
pleading or paper to be
served upon the lead
counsel if one is designated,
or upon any one of them if
there is no designation of a
lead counsel. (2a)
RULE 13
Section 2
• Section 2 mandates that if a party is
represented by several counsels, such
party is entitled only to one copy of the
pleading or paper, to be served upon the
lead counsel. Should there be no
designated lead counsel, to anyone of the
counsels of the party.
RULE 13
AND OTHER PAPERS
Section 3. Manner of filing. — The filing Section. 3. Manner of filing. — The

of pleadings, appearances, motions, filing of pleadings and other court
notices, orders, judgments and all other submissions shall be made by:
papers shall be made by presenting the
original copies thereof, plainly indicated (a) Submitting personally the
as such, personally to the clerk of court original thereof, plainly indicated as
or by sending them by registered mail. such, to the court;
In the first case, the clerk of court shall
endorse on the pleading the date and (b) Sending them by registered mail;
hour of filing. In the second case, the
(c) Sending them by accredited
courier; or
RULE 13
AND OTHER PAPERS
date of the mailing of motions, (d) Transmitting them by electronic

pleadings, or any other papers or mail or other electronic means as
payments or deposits, as shown by the may be authorized by the Court in
post office stamp on the envelope or places where the court is
the registry receipt, shall be considered electronically equipped.
as the date of their filing, payment, or
deposit in court. The envelope shall be In the first case, the clerk of court shall
attached to the record of the case. (1a) endorse on the pleading the date and
hour of filing. In the second and third
cases, the date of the mailing of
motions, pleadings, and other court
submissions, and payments or
deposits, as shown by the post office
stamp on the envelope or the registry
RULE 13
AND OTHER PAPERS
receipt, shall be considered as

the date of their filing,
payment, or deposit in court.
The envelope shall be
attached to the record of the
case. In the fourth case, the
date of electronic
transmission shall be
considered as the date of
filing. (3a)
RULE 13
Section 3
• Section 3 of the new Rules expands the
manner of filing. Filing can be made in four
ways:
• (a) Submitting personally the original thereof,
plainly indicated as such, to the court;
• (b) Sending them by registered mail;
• (c) Sending them by accredited courier;
• (d)Transmitting them by electronic mail or
other electronic means as may be
authorized by the Court in places where
the court is electronically equipped.
RULE 13
Section 3
• When is the pleading, motion or other
court submissions considered filed?
• (a) When filed personally, upon the receipt
of the court;
• (b)When filed registered mail or accredited
courier, the date of mailing;
• (c) In the fourth case, the date of
electronic transmission shall be
considered as the date of filing.
RULE 13
AND OTHER PAPERS
Section 4. Papers required to Section 4. Papers required to

be filed and served. — Every be filed and served. – Every
judgment, resolution, order, judgment, resolution, order,
pleading subsequent to the pleading subsequent to the
complaint, written motion, complaint, written motion,
notice, appearance, demand, notice, appearance, demand,
offer of judgment or similar offer of judgment or similar
papers shall be filed with the papers shall be filed with the
court, and served upon the court, and served upon the
parties affected. (2a) parties affected. (4)
RULE 13
AND OTHER PAPERS
Section 5. Modes of service. — Section 5. Modes of Service. —

Service of pleadings motions, Pleadings, motions, notices, orders,
notices, orders, judgments and other judgments, and other court
papers shall be made either submissions shall be served
personally or by mail. (3a) personally or by registered mail,
accredited courier, electronic mail,
facsimile transmission, other
electronic means as may be
authorized by the Court, or as
provided for in international
conventions to which the
Philippines is a party. (5a)
RULE 13
Section 4
• Under the new rule, there are four methods of
service:
• 1. Personal service
• 2. By registered mail
• 3. By accredited courier service
• 4. Electronic mail, facsimile transmission, other
electronic means as may be authorized by the
Court,
• 5. Service or as provided for in international
conventions to which the Philippines is a party.
(Convention of 15 November 1965 on the
Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters)
RULE 13
AND OTHER PAPERS
Section 6. Personal Service. — Court
Section 6. Personal service. — submissions may be served by
Service of the papers may be made personal delivery of a copy to the
by delivering personally a copy to the party or to the party’s counsel, or to
party or his counsel, or by leaving it in their authorized representative
his office with his clerk or with a person named in the appropriate pleading
having charge thereof. If no person is or motion, or by leaving it in his or her
found in his office, or his office is not office with his or her clerk, or with a
known, or he has no office, then by person having charge thereof. If no
leaving the copy, between the hours of person is found in his or her office, or
eight in the morning and six in the his or her office is not known, or he or
evening, at the party's or counsel's she has no office, then by leaving the
residence, if known, with a person of copy, between the hours of eight in the
sufficient age and discretion then morning and six in the evening, at the
residing therein. (4a) party's or counsel's residence, if
known, with a person of sufficient age
and discretion residing therein. (6a)
RULE 13
Section 6
• Under the new rule, personal service may
be made not only to party or the party’s
counsel, but also to party’s authorized
representatives named in the appropriate
pleading or motion.
RULE 13
AND OTHER PAPERS
Section 7. Service by mail. — Service Section 7. Service by mail. — Service
by registered mail shall be made by by registered mail shall be made by
depositing the copy in the post office in depositing the copy in the post office, in
a sealed envelope, plainly addressed a sealed envelope, plainly addressed
to the party or his counsel at his office, to the party or to the party’s counsel at
if known, otherwise at his residence, if his or her office, if known, otherwise at
known, with postage fully prepaid, and his or her residence, if known, with
with instructions to the postmaster to postage fully pre-paid, and with
return the mail to the sender after ten instructions to the postmaster to return
(10) days if undelivered. If no registry the mail to the sender after ten (10)
service is available in the locality of calendar days if undelivered. If no
either the senders or the addressee, registry service is available in the
service may be done by ordinary mail. locality of either the sender or the
(5a; Bar Matter No. 803, 17 February addressee, service may be done by
1998) ordinary mail. (7a)
RULE 13
AND OTHER PAPERS
Section 8. Substituted service. — Section 8. Substituted service. – If
If service of pleadings, motions, service of pleadings, motions,
notices, resolutions, orders and notices, resolutions, orders and
other papers cannot be made other papers cannot be made
under the two preceding sections, under the two preceding sections,
the office and place of residence of the office and place of residence of
the party or his counsel being the party or his or her counsel
unknown, service may be made by being unknown, service may be
delivering the copy to the clerk of made by delivering the copy to the
court, with proof of failure of both clerk of court, with proof of failure
personal service and service by of both personal service and
mail. The service is complete at the service by mail. The service is
time of such delivery. (6a) complete at the time of such
delivery. (8a)
RULE 13
AND OTHER PAPERS
Section 9. Service by electronic means
and facsimile. — Service by electronic
means and facsimile shall be made if
the party concerned consents to such
modes of service.
Service by electronic means shall be

made by sending an e-mail to the
NONE party’s or counsel’s electronic mail
address, or through other electronic
means of transmission as the parties
may agree on, or upon direction of the
court.
Service by facsimile shall be made by

sending a facsimile copy to the party’s
or counsel’s given facsimile number.
RULE 13
Section 9
• Under this section, service by electronic
means and facsimile shall be made if the party
concerned consents to such modes of service.
• If a party consents, service by electronic means
shall be made by sending an e-mail to the party’s
or counsel’s electronic mail address, or through
other electronic means of transmission as the
parties may agree on, or upon direction of the
court.
• Service by facsimile shall be made by sending a
facsimile copy to the party’s or counsel’s given
facsimile number.
RULE 13
AND OTHER PAPERS
Section 10. Presumptive service.
— There shall be presumptive
notice to a party of a court
setting if such notice appears on
the records to have been mailed
at least twenty (20) calendar
days prior to the scheduled date
NONE of hearing and if the addressee
is from within the same judicial
region of the court where the
case is pending, or at least thirty
(30) calendar days if the
addressee is from outside the
judicial region. (n)
RULE 13
Section 10
• There is now a presumptive notice of court
setting.
• Notice of court setting is presumptively
received if it appears from the record that the
same has been mailed at least 20 calendar
days prior to the scheduled hearing if the
addressee is from within the same judicial
region of the court where the case is pending.
• If outside judicial region, it will be 30
calendar days.
RULE 13
AND OTHER PAPERS
Section 11. Priorities in modes of
service and filing. — Whenever
practicable, the service and filing of
pleadings and other papers shall
be done personally. Except with
respect to papers emanating from
the court, a resort to other modes DELETED
must be accompanied by a written
explanation why the service or
filing was not done personally. A
violation of this Rule may be cause
to consider the paper as not filed.
(n)
RULE 13
AND OTHER PAPERS
Section 11. Change of electronic
mail address or facsimile number. —
A party who changes his or her
electronic mail address or facsimile
number while the action is pending
must promptly file, within five (5)
calendar days from such change, a
notice of change of e-mail address
or facsimile number with the court
and serve the notice on all other
parties.
Service through the electronic mail

address or facsimile number of a
party shall be presumed valid unless
such party notifies the court of any
change, as aforementioned. (n)
RULE 13
Section 11
• A party who changes his e-mail address or
facsimile number while the action is pending
is bound to promptly inform the court of such
change within a period of five (5) calendar
days from such change.
• Please take NOTE:
• Service through the electronic mail address
or facsimile number of a party shall be
presumed valid unless such party notifies the
court of any change, as aforementioned.
RULE 13
AND OTHER PAPERS
Section 12. Electronic mail and
facsimile subject and title of
pleadings and other documents. —
The subject of the electronic mail
and facsimile must follow the
prescribed format: case number,
case title and the pleading, order or
NONE document title. The title of each
electronically-filed or served
pleading or other document, and
each submission served by
facsimile shall contain sufficient
information to enable the court to
ascertain from the title:
RULE 13
AND OTHER PAPERS
(a) the party or parties filing
or serving the paper, (b)
nature of the paper, (c) the
party or parties against whom
relief, if any, is sought, and
(d) the nature of the relief
NONE sought. (n)
RULE 13
AND OTHER PAPERS
Section 9. Service of judgments, final Section 13. Service of Judgments,
orders, or resolutions. — Judgments, Final Orders or Resolutions. —
final orders or resolutions shall be Judgments, final orders, or resolutions
served either personally or by shall be served either personally or by
registered mail. When a party registered mail. Upon ex parte motion
summoned by publication has failed to of any party in the case, a copy of
appear in the action, judgments, final the judgment, final order, or
orders or resolutions against him shall resolution may be delivered by
be served upon him also by publication accredited courier at the expense of
at the expense of the prevailing party. such party. When a party summoned
(7a) by publication has failed to appear in
the action, judgments, final orders or
resolutions against him or her shall be
served upon him or her also by means
of publication at the expense of the
prevailing party. (9a)
RULE 13
Section 13
• As a rule, judgments, final orders, or
resolutions shall be served either
personally or by registered mail.
• However, upon ex parte motion of any
party in the case, a copy of the
judgment, final order, or resolution may
be delivered by accredited courier at
the expense of such party.
RULE 13
AND OTHER PAPERS
Section 14. Conventional service or

filing of orders, pleadings and other
documents.
– Notwithstanding the foregoing, the

following orders, pleadings, and
NONE other documents must be served or
filed personally or by registered mail
when allowed, and shall not be
served or filed electronically, unless
express permission is granted by
the Court:
RULE 13
AND OTHER PAPERS
(a) Initiatory pleadings and initial
responsive pleadings, such as an
answer;
(b) Subpoenae, protection orders,

and writs;
(c) Appendices and exhibits to

motions, or other documents that
are not readily amenable to
electronic scanning may, at the
option of the party filing such, be
filed and served conventionally; and
(d) Sealed and confidential

documents or records. (n)
RULE 13
Section 14
• There are pleadings and other documents which
must be filed or served personally or by registered
mail:
• 1. Initiatory pleadings and initial responsive
pleadings, such as an answer;
• 2. Subpoenae, protection orders, and writs;
• 3. Appendices and exhibits to motions, or other
documents that are not readily amenable to
electronic scanning may, at the option of the party
filing such, be filed and served conventionally; and
• 4. Sealed and confidential documents or records.
• HOWEVER, they may be filed or served through other
means, upon express permission from the court.
RULE 13
AND OTHER PAPERS
Section 10. Completeness of service. Section 15. Completeness of service.
— Personal service is complete upon — Personal service is complete upon
actual delivery. Service by ordinary actual delivery. Service by ordinary
mail is complete upon the expiration of mail is complete upon the expiration of
ten (10) days after mailing, unless the ten (10) calendar days after mailing,
court otherwise provides. Service by unless the court otherwise provides.
registered mail is complete upon actual Service by registered mail is complete
receipt by the addressee, or after five upon actual receipt by the addressee,
(5) days from the date he received the or after five (5) calendar days from the
first notice of the postmaster, date he or she received the first notice
whichever date is earlier. (8a) of the postmaster, whichever date is
earlier. Service by accredited courier
is complete upon actual receipt by
the addressee, or after at least two
(2) attempts to deliver by the
RULE 13
AND OTHER PAPERS
1997 Rules of Civil Procedure 2019 Proposed Amendments
courier service, or upon the
expiration of five (5) calendar days
after the first attempt to deliver,
whichever is earlier.
Electronic service is complete at the

time of the electronic transmission
of the document, or when available,
at the time that the electronic
notification of service of the
document is sent. Electronic service
is not effective or complete if the
party serving the document learns
that it did not reach the addressee
or person to be served.
RULE 13
AND OTHER PAPERS
Service by facsimile
transmission is complete
upon receipt by the other
party, as indicated in the
facsimile transmission
printout. (10a)
RULE 13
Section 15
• When is service considered complete?
• Service by ordinary mail is complete upon the
expiration of ten (10) calendar days after
mailing.
• Service by registered mail is complete upon
actual receipt by the addressee, or after five
(5) calendar days from the date he or she
received the first notice of the postmaster,
whichever date is earlier.
RULE 13
Section 15
• When is service considered complete?
• Service by accredited courier is complete upon
actual receipt by the addressee, or after at least
two (2) attempts to deliver by the courier service,
or upon the expiration of five (5) calendar days
after the first attempt to deliver, whichever is
earlier.
• Electronic service is complete at the time of the
electronic transmission of the document, or when
available, at the time that the electronic notification
of service of the document is sent.
RULE 13
AND OTHER PAPERS
Section 12. Proof of filing. — The filing of a Section 16. Proof of filing. — The
pleading or paper shall be proved by its
filing of a pleading or any other
existence in the record of the case. If it is
not in the record, but is claimed to have court submission shall be proved
been filed personally, the filing shall be by its existence in the record of the
proved by the written or stamped case.
acknowledgment of its filing by the clerk of
court on a copy of the same; if filed by
registered mail, by the registry receipt and (a) If the pleading or any other
by the affidavit of the person who did the court submission is not in the
mailing, containing a full statement of the record, but is claimed to have been
date and place of depositing the mail in the
filed personally, the filing shall be
post office in a sealed envelope addressed
to the court, with postage fully prepaid, and proven by the written or stamped
with instructions to the postmaster to return acknowledgment of its filing by the
the mail to the sender after ten (10) days if clerk of court on a copy of the
not delivered. (n)
pleading or court submission;
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AND OTHER PAPERS
(b) If the pleading or any other
court submission was filed by
registered mail, the filing shall be
proven by the registry receipt and by
the affidavit of the person who
mailed it, containing a full statement
of the date and place of deposit of
the mail in the post office in a sealed
envelope addressed to the court,
with postage fully prepaid, and with
instructions to the postmaster to
return the mail to the sender after ten
(10) calendar days if not delivered.
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AND OTHER PAPERS
(c) If the pleading or any
other court submission was
filed through an accredited
courier service, the filing
shall be proven by an
affidavit of service of the
person who brought the
pleading or other document
to the service provider,
together with the courier’s
official receipt and document
tracking number.
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AND OTHER PAPERS
(d) If the pleading or any other
court submission was filed by
electronic mail, the same shall be
proven by an affidavit of electronic
filing of the filing party
accompanied by a paper copy of
the pleading or other document
transmitted or a written or
stamped acknowledgment of its
filing by the clerk of court. If the
paper copy sent by electronic mail
was filed by registered mail,
paragraph (b) of this Section
applies.
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AND OTHER PAPERS
(e) If the pleading or any
other court submission was
filed through other
authorized electronic
means, the same shall be
proven by an affidavit of
electronic filing of the filing
party accompanied by a
copy of the electronic
acknowledgment of its filing
by the court. (12a)
RULE 13
Section 16
• When are proofs of filing?
• By the existence of the pleading or other court
submission in the record of the case;
• If there are not in record, the filing shall be proven by
the written or stamped acknowledgment of its filing by
the clerk of court on a copy of the pleading or court
submission;
• If by accredited courier service, by an affidavit of
service of the person who brought the pleading or
other document to the service provider, together with
the courier’s official receipt and document tracking
number;
RULE 13
Section 16
• When are proofs of filing?
• If filed by electronic mail, by an affidavit of electronic
filing of the filing party accompanied by a paper copy of
the pleading or other document transmitted or a written
or stamped acknowledgment of its filing by the clerk of
court. If the paper copy sent by electronic mail was filed
by registered mail, paragraph (b) of this Section applies;
• If filed through other electronic means, the same shall be
proven by an affidavit of electronic filing of the filing party
accompanied by a copy of the electronic
acknowledgment of its filing by the court.
RULE 13
AND OTHER PAPERS
Section 13. Proof of Service. — Section 17. Proof of service. –—
Proof of personal service shall Proof of personal service shall
consist of a written admission of the consist of a written admission of the
party served, or the official return of party served, or the official return of
the server, or the affidavit of the party the server, or the affidavit of the party
serving, containing a full statement of serving, containing a statement of
the date, place and manner of the date, place, and manner of
service. If the service is by ordinary service. If the service is made by:
mail, proof thereof shall consist of an
affidavit of the person mailing of facts (a) Ordinary mail. – Proof shall
showing compliance with section 7 of consist of an affidavit of the person
this Rule. If service is made by mailing stating the facts showing
registered mail, proof shall be made compliance with Section 7 of this
by such affidavit and the registry Rule.
receipt issued by the mailing office.
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AND OTHER PAPERS
(b) Registered mail. – Proof shall be
made by the affidavit mentioned above
and the registry receipt issued by the
mailing office. The registry return card
shall be filed immediately upon its receipt
by the sender, or in lieu thereof, the
unclaimed letter together with the certified
or sworn copy of the notice given by the
postmaster to the addressee.
(c) Accredited courier service. – Proof

shall be made by an affidavit of
service executed by the person who
brought the pleading or paper to the
service provider, together with the
courier’s official receipt or document
tracking number.
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AND OTHER PAPERS
(d) Electronic mail, facsimile,
or other authorized electronic
means of transmission. –
Proof shall be made by an
affidavit of service executed
by the person who sent the e-
mail, facsimile, or other
electronic transmission,
together with a printed proof
of transmittal. (13a)
RULE 13
Section 17
• What are proofs of service?
• Accredited courier service. – Proof shall be made
by an affidavit of service executed by the person
who brought the pleading or paper to the service
provider, together with the courier’s official receipt or
document tracking number.
• Electronic mail, facsimile, or other authorized
electronic means of transmission. – Proof shall
be made by an affidavit of service executed by the
person who sent the e- mail, facsimile, or other
electronic transmission, together with a printed proof
of transmittal.
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AND OTHER PAPERS
Section 18. Court -issued orders
and other documents. — The
court may electronically serve
orders and other documents to
all the parties in the case which
shall have the same effect and
validity as provided herein. A
NONE paper copy of the order or other
document electronically served
shall be retained and attached to
the record of the case. (n)
RULE 13
Section 18
• Section is a new provision. The court may
electronically serve orders and other
documents to all the parties in the case which
shall have the same effect.
• A paper copy of the order or other
document electronically served shall,
however, be retained and attached to the
record of the case.
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AND OTHER PAPERS
Section 14. Notice of lis pendens. — In Section 19. Notice of lis pendens. –—
an action affecting the title or the right In an action affecting the title or the
of possession of real property, the right of possession of real property, the
plaintiff and the defendant, when plaintiff and the defendant, when
affirmative relief is claimed in his affirmative relief is claimed in his or her
answer, may record in the office of the answer, may record in the office of the
registry of deeds of the province in registry of deeds of the province in
which the property is situated notice of which the property is situated a notice
the pendency of the action. Said notice of the pendency of the action. Said
shall contain the names of the parties notice shall contain the names of the
and the object of the action or defense, parties and the object of the action or
and a description of the property in that defense, and a description of the
province affected thereby. Only from property in that province affected
the time of filing such notice for record thereby. Only from the time of filing
RULE 13
AND OTHER PAPERS
shall a purchaser, or encumbrancer of such notice for record shall a
the property affected thereby, be purchaser, or encumbrancer of the
deemed to have constructive notice of property affected thereby, be deemed
the pendency of the action, and only of to have constructive notice of the
its pendency against the parties pendency of the action, and only of its
designated by their real names. pendency against the parties
designated by their real names.
The notice of lis pendens hereinabove
mentioned may be cancelled only upon The notice of lis pendens hereinabove
order of the court, after proper showing mentioned may be cancelled only upon
that the notice is for the purpose of order of the court, after proper showing
molesting the adverse party, or that it is that the notice is for the purpose of
not necessary to protect the rights of molesting the adverse party, or that it is
the rights of the party who caused it to not necessary to protect the rights of
be recorded. (24a, R-14) the party who caused it to be recorded.
(14a)
RULE 14
SUMMONS
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SUMMONS
Section 1. Clerk to issue Section 1. Clerk to issue

summons. — Upon the filing of the summons. — Unless the
complaint and the payment of the complaint is on its face
requisite legal fees, the clerk of dismissible under Section 1,
court shall forthwith issue the Rule 9, the court shall, within
corresponding summons to the five (5) calendar days from
defendants. receipt of the initiatory pleading
and proof of payment of the
requisite legal fees, direct the
clerk of court to forthwith issue
the corresponding summons to
the defendants.
RULE 14
Section 1
• Implied from this provision that the Court can
dismiss the complaint pursuant to Section 1,
Rule 9. Section 1, Rule 9 provides that the
court shall dismiss the complaint “if it appears
that the court has no jurisdiction over the
subject matter, that there is another action
pending between the same parties for the
same cause, or that the action is barred by a
prior judgment or by statute of limitations.”
• Otherwise, the court shall issue summons.
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SUMMONS
Section 2. Contents. — The summons Section 2. Contents. — The summons

shall be directed to the defendant, shall be directed to the defendant,
signed by the clerk of court under seal signed by the clerk of court under seal
and contain: and contain:
(a) the name of the court and the (a) the name of the court and the
names of the parties to the action; names of the parties to the action;
(b) a direction that the defendant (b) When authorized by the court
answer within the time fixed by these upon ex parte motion, an
Rules; authorization for the plaintiff to serve
summons to the defendant;
(c) a notice that unless the defendant
so answers plaintiff will take judgment (c) a direction that the defendant
by default and may be granted the relief answer within the time fixed by these
applied for. Rules;
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SUMMONS
(d) A notice that unless the

defendant so answers plaintiff will
take judgment by default and may
be granted the relief applied for. A
copy of the complaint and order for
appointment of guardian ad litem, if
any, shall be attached to the original
and each copy of the summons.
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SUMMONS
Section 3. By whom served. — The Section 3. By whom served. — The

summons may be served by the sheriff, summons may be served by the sheriff,
his deputy, or other proper court officer, his deputy, or other proper court officer,
or for justifiable reasons by any and in case of failure of service of
suitable person authorized by the court summons by them, the court may
issuing the summons. authorize the plaintiff – to serve the
summons – together with the sheriff.
In cases where summons is to be

served outside the judicial region of
the court where the case is pending,
the plaintiff shall be authorized to
cause the service of the summons.
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SUMMONS
If the plaintiff is a juridical entity , it
shall notify the court, in writing, and
name its authorized representative
therein, attaching a board
resolution or secretary’s certificate
thereto, as the case may be, stating
that such representative is duly
authorized to serve the summons
on behalf of the plaintiff.
If the plaintiff misrepresents that

the defendant was served
summons, and it is later proved that
no summons was served, the case
shall be dismissed with prejudice,
the proceedings shall be nullified
and the plaintiff shall be meted
appropriate sanctions.
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SUMMONS
If summons is returned without

being served on any or all the
defendants, the court shall
order the plaintiff to cause the
service of summons by other
means available under these
Rules.
Failure to comply with the order

shall cause the dismissal of the
initiatory pleading without
prejudice.
RULE 14
Sections 2 and 3
• Under Section 2, the plaintiff, upon his ex-parte motion,
may be authorized to serve summons to defendant.
• That the plaintiff may be authorized to serve summons is
confirmed by Section 3.
• There are instances by which the plaintiff may be
authorized to serve summons upon the defendant.
• First, in case there is failure to serve summons by the
sheriff or other proper court officer.
• Second, in cases where summons is to be served
outside the judicial region of the court where the case is
pending.
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Section 3
• If the plaintiff is a juridical entity , it shall notify the court,
in writing the name its authorized representative,
attaching a board resolution or secretary’s certificate
thereto, as the case may be, stating that such
representative is duly authorized to serve the summons
on behalf of the plaintiff.
• There is repercussion if plaintiff misrepresents on the
service of summons on the defendant. The case shall
be dismissed with prejudice, the proceedings shall
be nullified and the plaintiff shall be meted
appropriate sanctions.
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SUMMONS
Section 5. Issuance of alias summons. Section 4. Validity of summons and

— If a summons is returned without Issuance of alias summons. —
being served on any or all of the Summons shall remain valid until
defendants, the server shall also serve duly served, unless it is recalled by
a copy of the return on the plaintiff's the court. In case of loss or
counsel, stating the reasons for the destruction of summons, the court
failure of service, within five (5) days may upon motion, issue an alias
therefrom. In such a case, or if the summons. There is failure of service
summons has been lost, the clerk, on after unsuccessful attempts to
demand of the plaintiff, may issue an personally serve the summons on
alias summons. the defendant on his address
indicated in the complaint.
Substituted service should be in the
manner provided under Section 6 of
this Rule. (5)
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SUMMONS
Section 6. Service in person on Section 5. Service in person on

defendant. — Whenever defendant. — Whenever
practicable, the summons shall be practicable, the summons shall be
served by handing a copy thereof served by handing a copy thereof
to the defendant in person, or, if he to the defendant in person and
refuses to receive and sign for it, by informing the defendant that he
tendering it to him. or she is being served, or, if he
or she refuses to receive and
sign for it, by leaving the
summons within the view and in
presence of the defendant. (6)
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Section 5
• Under Section of the new Rules, there is
added requirement in serve in person on
defendant.
• Aside from just handing a copy thereof to
the defendant in person, the serving has to
inform the defendant he or she is being
served. If he or she refuses to receive and
sign for it, by leaving the summons within
the view and in presence of the defendant.
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SUMMONS
Section 7. Substituted service. — If, for Section 6. Substituted service. — If, for
justifiable causes, the defendant cannot justifiable causes, the defendant cannot
be served within a reasonable time as be served personally after at least
provided in the preceding section, service three (3) attempts on two (2) separate
may be effected: dates, service may be effected:
(a) by leaving copies of the summons at (a) By leaving copies of the summons at
the defendant's residence with some the defendant's residence to a
person of suitable age and discretion person at least eighteen (18) years
then residing therein, or of age and of sufficient discretion
residing therein;
(b) by leaving the copies at defendant's
office or regular place of business (b) By leaving copies of the summons at
with some competent person in defendant's office or regular place of
charge thereof. business with some competent
person in charge thereof.
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SUMMONS
A competent person includes, but not
limited to, one who customarily
receives correspondences for the
defendant;
(c) By leaving copies of the summons,

if refused entry upon making his or
her authority and purpose known, with
any of the officers of the homeowner’s
association or condominium
corporation, or its chief security
officer in charge of the community or
the building where the defendant may
be found; and
(d) By sending an electronic mail to

the defendant’s electronic mail
address, if allowed by the court. (7)
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Section 6
• This section specifically provides that
there must be three (2) attempts on
two (2) different dates to serve
summons personally to the defendant
before resort to substituted service.
This new requirement was derived
from the case of Manotoc vs. CA,
G.R. No. 130974. August 16, 2006.
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Section 6
• How is substituted service effected?
• 1. By leaving copies of the summons at the
defendant's residence to a person at least
eighteen (18) years of age and of sufficient
discretion residing therein (Manotoc vs. CA,
infra);
• 2. By leaving copies of the summons at defendant's
office or regular place of business with some
competent person in charge thereof. A competent
person includes, but not limited to, one who
customarily receives correspondences for the
defendant.
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Section 6
• How is substituted service effected?
• 3. 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 homeowner’s
association or condominium corporation, or its
chief security officer in charge of the community or
the building where the defendant may be found
(Robinson vs. Miralles, 510 SCRA 678);
• 4. By sending an electronic mail to the defendant’s
electronic mail address, if allowed by the court.
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SUMMONS
Section 8. Service upon entity without Section 7. Service upon entity without
juridical personality. — When persons juridical personality. — When persons
associated in an entity without juridical associated in an entity without juridical
personality are sued under the name personality are sued under the name
by which they are generally or by which they are generally or
commonly known, service may be commonly known, service may be
effected upon all the defendants by effected upon all the defendants by
serving upon any one of them, or upon serving upon any one of them, or upon
the person in charge of the office or the person in charge of the office or
place of business maintained in such place of business maintained in such
name. But such service shall not bind name. But such service shall not bind
individually any person whose individually any person whose
connection with the entity has, upon connection with the entity has, upon
due notice, been severed before the due notice, been severed before the
action was brought. (9a) action was filed. (8)
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SUMMONS
Section 9. Service upon prisoners. Section 8. Service upon prisoners.

— When the defendant is a — When the defendant is a
prisoner confined in a jail or prisoner confined in a jail or
institution, service shall be effected institution, service shall be effected
upon him by the officer having the upon him or her by the officer
management of such jail or having the management of such jail
institution who is deemed or institution who is deemed
deputized as a special sheriff for deputized as a special sheriff for
said purpose. (12a) said purpose. The jail warden
shall file a return within five (5)
calendar days from service of
summons to the defendant. (9)
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SUMMONS
Section 9. Service consistent

with international conventions.
— Service may be made through
methods which are consistent
[NONE] with established international
conventions to which the
Philippines is a party. (n)
RULE 14
Section 9
• This is a new provision.
• Service of summons may be effected through
international convention which the Philippine
is a party.
• This includes Convention of 15 November
1965 on the Service Abroad of Judicial
and Extrajudicial Documents in Civil or
Commercial Matters.
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SUMMONS
Section 10. Service upon minors and Section 10. Service upon minors and
incompetents. — When the defendant incompetents. — When the defendant
is a minor, insane or otherwise an is a minor, insane or otherwise an
incompetent, service shall be made incompetent person, service of
upon him personally and on his legal summons shall be made upon him or
guardian if he has one, or if none his her personally and on his legal
guardian ad litem whose appointment guardian if he or she has one, or if
shall be applied for by the plaintiff. In none his or her guardian ad litem
the case of a minor, service may also whose appointment shall be applied for
be made on his father or mother. by the plaintiff. In the case of a minor,
service shall may also be made on his
or her parent or guardian.
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SUMMONS
Section 11. Service upon

spouses. — When spouses
are sued jointly, service of
[NONE] summons should be made to
each spouse individually. (n)
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Section 11
• This is a new section must be related to
Section 4, Rule 3 where in it is provided
that husband and wife shall sue or be
sued jointly, except as provided by law.
• If the husband and wife are sued jointly,
service of summons should be made to
each spouse individually.
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SUMMONS
Section 11. Service upon domestic private Section 12. Service upon domestic private
juridical entity. — When the defendant is a juridical entity. — When the defendant is a
corporation, partnership or association corporation, partnership or association
organized under the laws of the Philippines organized under the laws of the Philippines
with a juridical personality, service may be with a juridical personality, service may be
made on the president, managing partner, made on the president, managing partner,
general manager, corporate secretary, general manager, corporate secretary,
treasurer, or in-house counsel. (13a) treasurer, or in-house counsel of the
corporation wherever they may be
found, or in their absence or
unavailability, their secretaries.
If such service cannot be made upon

any of the foregoing persons, it shall be
made upon the person who customarily
receives correspondence for the
defendant at its principal office.
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SUMMONS
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.
Should there be a refusal on the

part of the persons above-
mentioned to receive summons
despite at least three (3)
attempts on two (2) separate
dates, service may be made
electronically, if allowed by the
court, as provided under Section
6 of this rule. (11)
RULE 14
Section 12
• The new formulation of this section is a great
improvement to the old Section 12.
• First, the persons who are authorized to receive
summons in behalf of the corporation which are,
the president, managing partner, general partner,
corporate secretary, treasurer or in-house counsel,
may be served whenever they may be found.
Summons may also be served on their secretaries
in their absence. (Nation Petroleum Gas vs.
RCBC, GR No. 183370, August 17, 2015)
RULE 14
Section 12
• Second, if such service cannot be made upon any of
the foregoing persons, it shall be made upon the
person who customarily receives correspondence for
the defendant at its principal office.
• Third, 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.
• The ruling therefore Nation Petroleum Gas vs.
RCBC, GR No. 183370, August 17, 2015 and other
companion cases are not anymore controlling.
RULE 14
Section 12
• Fourth, should there be a refusal on the part of the
persons above-mentioned to receive summons despite
at least three (3) attempts on two (2) separate dates,
service may be made electronically, if allowed by the
court, as provided under Section 6 of this rule.
• It is now clear that substituted service may be effected
even if the defendant is a corporation. What is implied in
the case of Carson Realty & Management Corp vs.
Red Robin Security Agency, GR No. 225035,
February 8, 2017 is now express in the amendment.
• But the manner of substituted service is service through
electronic means.
RULE 14
SUMMONS
Section 13. Duty of counsel of

record. — Where the
summons is improperly
served and a lawyer makes a
special appearance on behalf
of the defendant to, among
[NONE]
others, question the validity
of service of summons, the
counsel shall be deputized by
the court to serve summons
on his client. (n)
RULE 14
Section 12
• This is a new provision. It contemplates a
situation where the defendant’s lawyer
makes a special appearance in order to
question the validity of service of
summons. In this case, instead of the
court resolving the question raised by
defendant’s lawyer, the court shall instead,
deputize the latter to serve summons on
his client.
RULE 14
SUMMONS
Section 12. Service upon foreign Section 14. Service upon foreign
private juridical entities. — When the private juridical entities. — When the
defendant is a foreign private juridical defendant is a foreign private juridical
entity which has transacted business in entity which has transacted or is doing
the Philippines, service may be made business in the Philippines, as defined
on its resident agent designated in by law, service may be made on its
accordance with law for that purpose, resident agent designated in
or, if there be no such agent, on the accordance with law for that purpose,
government official designated by law or, if there be no such agent, on the
to that effect, or on any of its officers or government official designated by law
agents within the Philippines. (14a) to that effect, or on any of its officers or
agents, directors or trustees within
the Philippines.
RULE 14
SUMMONS
If the foreign private juridical

entity is not registered in the
Philippines, or has no resident
agent but has transacted or is
doing business in it, as defined
by law, such service may, with
leave of court, be effected
outside the Philippines through
any of the following means:
(a) By personal service coursed

through the appropriate court in
the foreign country with the
assistance of the department of
foreign affairs;
RULE 14
SUMMONS
(b) By publication once in a
newspaper of general circulation in
the country where the defendant
may be found and by serving a copy
of the summons and the court order
by registered mail at the last known
address of the defendant;
(c) By facsimile;
(d) By electronic means with the

prescribed proof of service; or
(e) By such other means as the

court, in its discretion, may direct.
(12)
RULE 14
Section 14
• This section covers the situation where the foreign
corporation which is not registered in the Philippines or
has no resident agent, but has transacted or doing
business in the Philippines. In this case the rules
provides for the manner by which the summons may
be served:
• 1. By publication once in a newspaper of

general circulation in the country where the
defendant may be found and by serving a
copy of the summons and the court order by
registered mail at the last known address of
the defendant;
RULE 14
Section 14
2. By facsimile;
3. By electronic means with the

prescribed proof of service; or
4. By such other means as the court, in

its discretion, may direct.
RULE 14
SUMMONS
Section 13. Service upon public Section 15. Service upon public
corporations. — When the corporations. — When the
defendant is defendant is the Republic of the
the Republic of the Philippines, Philippines, service may be
service may be effected on the effected on the Solicitor General; in
Solicitor General; in case of a case of a province, city or
province, city or municipality, or like municipality, or like public
public corporations, service may be corporations, service may be
effected on its executive head, or effected on its executive head, or
on such other officer or officers as on such other officer or officers as
the law or the court may direct. (15) the law or the court may direct. (13)
RULE 14
SUMMONS
Section 14. Service upon defendant Section 16. Service upon defendant
whose identity or whereabouts are whose identity or whereabouts are
unknown. — In any action where the unknown. — In any action where the
defendant is designated as an unknown defendant is designated as an unknown
owner, or the like, or whenever his owner, or the like, or whenever his or
whereabouts are unknown and cannot her whereabouts are unknown and
be ascertained by diligent inquiry, cannot be ascertained by diligent
service may, by leave of court, be inquiry, within ninety (90) calendar
effected upon him by publication in a days from the commencement of the
newspaper of general circulation and in action, service may, by leave of court,
such places and for such time as the be effected upon him or her by
court may order. (16a) publication in a newspaper of general
circulation and in such places and for
such time as the court may order.
RULE 14
SUMMONS
Any order granting such leave shall

specify a reasonable time, which
shall not be less than sixty (60)
calendar days after notice, within
which the defendant must answer.
(14)
RULE 14
Section 16
• If the action is instituted against a
defendant, designated as an unknown
owner, or the like, or whenever his or her
whereabouts are unknown and cannot be
ascertained by diligent inquiry, service of
summons, by leave of court, be effected
through publication in a newspaper of
general circulation and in such places and
for such time as the court may order.
RULE 14
Section 16
• However, such kind of service of summons
can only be effected if there is showing that
defendant’s whereabouts cannot ascertained
by diligent inquiry within 90 days from the
commencement of the suit.
• Any order granting such leave shall specify a
reasonable time, which shall not be less than
sixty (60) calendar days after notice, within
which the defendant must answer.
RULE 14
SUMMONS
Section 15. Extraterritorial service. — Section 17. Extraterritorial service. —

When the defendant does not reside When the defendant does not reside
and is not found in the Philippines, and and is not found in the Philippines, and
the action affects the personal status of the action affects the personal status of
the plaintiff or relates to, or the subject the plaintiff or relates to, or the subject
of which is, property within the of which is, property within the
Philippines, in which the defendant has Philippines, in which the defendant has
or claims a lien or interest, actual or or claims a lien or interest, actual or
contingent, or in which the relief contingent, or in which the relief
demanded consists, wholly or in part, in demanded consists, wholly or in part, in
excluding the defendant from any excluding the defendant from any
interest therein, or the property of the interest therein, or the property of the
defendant has been attached within the defendant has been attached within the
Philippines, service may, by leave of Philippines, service may, by leave of
court, be effected out of the Philippines court, be effected out of the Philippines
by personal service as under section 6; by personal service as under section 6;
RULE 14
SUMMONS
or by publication in a newspaper of or as provided by international

general circulation in such places and conventions to which the
for such time as the court may order, in Philippines is a party; or by
which case a copy of the summons and publication in a newspaper of general
order of the court shall be sent by circulation in such places and for such
registered mail to the last known time as the court may order, in which
address of the defendant, or in any case a copy of the summons and order
other manner the court may deem of the court shall be sent by registered
sufficient. Any order granting such mail to the last known address of the
leave shall specify a reasonable time, defendant, or in any other manner the
which shall not be less than sixty (60) court may deem sufficient. Any order
days after notice, within which the granting such leave shall specify a
defendant must answer. reasonable time, which shall not be
(17a) less than sixty (60) calendar days after
notice, within which the defendant must
answer. (15)
RULE 14
Section 17
• Under the amendment, the international
conventions to which the Philippines may
be party, can used as a method of service
of summons.
RULE 14
SUMMONS
Section 16. Residents Section 18. Residents

temporarily out of the temporarily out of the
Philippines. — When any action Philippines. — When any action
is commenced against a is commenced against a
defendant who ordinarily defendant who ordinarily
resides within the Philippines, resides within the Philippines,
but who is temporarily out of it, but who is temporarily out of it,
service may, by leave of court, service may, by leave of court,
be also effected out of the be also effected out of the
Philippines, as under the Philippines, as under the
preceding section. preceding section. (16)
RULE 14
SUMMONS
Section 17. Leave of court. — Any Section 19. Leave of court. — Any
application to the court under this Rule application to the court under this Rule
for leave to effect service in any for leave to effect service in any
manner for which leave of court is manner for which leave of court is
necessary shall be made by motion in necessary shall be made by motion in
writing, supported by affidavit of the writing, supported by affidavit of the
plaintiff or some person on his behalf, plaintiff or some person on his behalf,
setting forth the grounds for the setting forth the grounds for the
application. (19) application. (17)
RULE 14
SUMMONS
Section 4. Return. — When the Section 20. Return. — Within thirty

service has been completed, the server (30) calendar days from issuance of
shall, within five (5) days therefrom, summons by the clerk of court and
serve a copy of the return, personally receipt thereof, the sheriff or
or by registered mail, to the plaintiff's process server, or person
counsel, and shall return the summons authorized by the court, shall
to the clerk, who issued it, complete its service. Within five (5)
accompanied by proof of service. (6a) calendar days from service of
summons, the server shall file with
the court and serve a copy of the
return to the plaintiff’s counsel,
personally, by registered mail, or by
electronic means authorized by the
Rules.
RULE 14
SUMMONS
Should be substituted service have

been effected, the return shall state:
(1) The impossibility of prompt

personal service within a period of
thirty (30) calendar days from issue
and receipt of summons;
(2) The date and time of the three (3)

attempts on at least (2) two separate
dates to cause personal service and
the details of the inquiries made to
locate the defendant residing
thereat; and
RULE 14
SUMMONS
(3) The name of the person at least

eighteen (18) years of age and of
sufficient discretion residing
thereat: name of competent person
in charge of the defendant’s office or
regular place of business, or name
of the officer of the homeowner’s
association or condominium
corporation or its chief security
officer in charge of the community
or building where the defendant may
be found.
(4)
RULE 14
Section 20
• There is a mandate in this section that
summon must be served within thirty (30)
days. In the case of OCA vs. Cabrera-Faller,
A.M. Nos. RTJ-11-2301-2303, January 16,
2018, “thirty (30) days” was considered
reasonable time.
• The server shall make a return within five (5)
calendar days from service to the court and
serve a copy of the return to the plaintiff’s
counsel, personally, by registered mail, or by
electronic means authorized by the Rules.
RULE 14
Section 20
• The rule now specifies what should be stated in the
return in case of substituted service:
• 1. The impossibility of prompt personal service within

a period of thirty (30) calendar days from issue
and receipt of summons OCA vs. Cabrera-Faller,
A.M. Nos. RTJ-11-2301-2303, January 16, 2018;
• 2. The date and time of the three (3) attempts on at

least (2) two separate dates to cause personal
service and the details of the inquiries made to
locate the defendant residing thereat (Manotoc
vs. CA);
RULE 14
Section 20
• 3. The name of the person at least eighteen
(18) years of age and of sufficient
discretion residing thereat: name of
competent person in charge of the
defendant’s office or regular place of
business, or name of the officer of the
homeowner’s association or condominium
corporation or its chief security officer in
charge of the community or building
where the defendant may be found.
RULE 14
SUMMONS
Section 18. Proof of service. — The Section 21. Proof of service. — The
proof of service of a summons shall be proof of service of a summons shall be
made in writing by the server and shall made in writing by the server and shall
set forth the manner, place, and date of set forth the manner, place, and date of
service; shall specify any papers which service; shall specify any papers which
have been served with the process and have been served with the process and
the name of the person who received the name of the person who received
the same; and shall be sworn to when the same; and shall be sworn to when
made by a person other than a sheriff made by a person other than a sheriff
or his deputy. (20) or his or her deputy.
If summons was served by

electronic mail, a printout of said e-
mail, with a copy of the summons as
served, and the affidavit of the
person mailing, shall constitute as
proof of service. (18)
RULE 14
SUMMONS
Section 19. Proof of service by Section 22. Proof of service by

publication. — If the service has been publication. — If the service has been
made by publication, service may be made by publication, service may be
proved by the affidavit of the printer, his proved by the affidavit of the publisher,
foreman or principal clerk, or of the his foreman or principal clerk, or of the
editor, business or advertising editor, business or advertising
manager, to which affidavit a copy of manager, to which affidavit a copy of
the publication shall be attached and the publication shall be attached and
by an affidavit showing the deposit of a by an affidavit showing the deposit of a
copy of the summons and order for copy of the summons and order for
publication in the post office, postage publication in the post office, postage
prepaid, directed to the defendant by prepaid, directed to the defendant by
registered mail to his last known registered mail to his or her last known
address. (21) address. (19)
RULE 14
SUMMONS
Section 20. Voluntary appearance. — Section 23. Voluntary appearance. —

The defendant's voluntary appearance The defendant's voluntary appearance
in the action shall be equivalent to in the action shall be equivalent to
service of summons. The inclusion in a service of summons. The inclusion in a
motion to dismiss of other grounds motion to dismiss of other grounds
aside from lack of jurisdiction over the aside from lack of jurisdiction over the
person of the defendant shall not be person of the defendant shall be
deemed a voluntary appearance. (23a) deemed a voluntary appearance. (20)
How is jurisdiction over the person of the
defendant acquired?
• Jurisdiction over the person of the

defendant is acquired through coercive
process, generally by 1) service of
summons or through defendant’s 2)
voluntary appearance or submission to
the court (Republic vs. Domingo, 657
SCRA 621, 632; Manotoc vs. CA, 499
SCRA 21)
When is a defendant deemed to have made a
voluntary appearance?
• 1. By filing an answer (Guy vs.

Gacott, GR No. 206147, January 13,
2016).
• 2. By asking an affirmative relief

from the Court (Reicon Realty
Builders Corp vs. Diamond Dragon, GR
No. 204796, February 4, 2015).
When is asking for affirmative relief not
deemed to be a voluntary appearance?
• The act of making a conditional

appearance or special appearance in
court to object to the jurisdiction of the
court over his person, is not deemed a
voluntary appearance or voluntary
submission to the jurisdiction of the
court.
Section 23, Rule 14
• SECTION 23. Voluntary Appearance. —
The defendant's voluntary appearance in the
action shall be equivalent to service of
summons. The inclusion in a motion to
dismiss of other grounds aside from lack
of jurisdiction over the person of the
defendant shall be deemed a voluntary
appearance.
RULE 15
MOTIONS
RULE 15
MOTIONS
Section 1. Motion defined. — A Section 1. Motion defined. — A

motion is an application for relief motion is an application for relief
other than by a pleading. other than by a pleading.
RULE 15
MOTIONS
Section 2. Motions must be in Section 2. Motions must be in

writings. — All motions shall be in writings. — All motions shall be in
writing except those made in open writing except those made in open
court or in the course of a hearing court or in the course of a hearing
or trial. (2a) or trial.
A motion made in open court or

in the course of a hearing or trial
should immediately be resolved
in open court, after the adverse
party is given the opportunity to
argue his or her opposition
thereto.
RULE 15
MOTIONS
When a motion is based on facts

not appearing on record, the
court may hear the matter on
affidavits or depositions
presented by the respective
parties, but the court may direct
that the matter be heard wholly
or partly on oral testimony or
depositions. (2)
RULE 15
MOTIONS
Section 3. Contents. – A motion Section 3. Contents. – A motion

shall state the relief sought to be shall state the relief sought to be
obtained and the grounds upon obtained and the grounds upon
which it is based, and if required by which it is based, and if required by
these Rules or necessary to prove these Rules or necessary to prove
facts alleged therein, shall be facts alleged therein, shall be
accompanied by supporting accompanied by supporting
affidavits and other papers. (3) affidavits and other papers. (3)
RULE 15
MOTIONS
Section 4. Non-litigious motions.

— Motions which the court may
act upon without prejudicing the
rights of adverse parties are
[NONE] non-litigious motions. These
motions include:
i. Motion for the issuance of alias

summons;
ii. Motion for extension to file

answer;
RULE 15
MOTIONS
iii. Motion for postponement;
iv. Motion for the issuance of a

writ of execution;
[NONE]
v. Motion for the issuance of an
alias writ of execution
vi. Motion for the issuance of a

writ of possession;
RULE 15
MOTIONS
vii. Motion for the issuance of an

order directing the sheriff to
execute the final certificate of
sale; and
viii. Other similar motions.
These motions shall not be set

for hearing and shall be resolved
by the court within five (5)
calendar days from receipt
thereof. (n)
RULE 15
Section 4
• What is non-litigious motion?
• Motions which the court may act upon

without prejudicing the rights of
adverse parties are non-litigious
motions.
RULE 15
Section 4
• The following are non-litigious motions under the
new Rules:
• 1. Motion for the issuance of alias summons;
• 2. Motion for extension to file answer;
• 3. Motion for postponement;
• 4. Motion for the issuance of a writ of execution;
• 5. Motion for the issuance of an alias writ of
execution
• 6. Motion for the issuance of a writ of possession;
• 7. Motion for the issuance of an order directing the
sheriff to execute the final certificate of sale; and
• 8. Other similar motions.
RULE 15
Section 4
• What should the court do with
non-litigious motions?
• These motions shall not be set for

hearing and shall be resolved by
the court within five (5) calendar
days from receipt thereof.
RULE 15
MOTIONS
Section 5. Litigious motions –
(a) litigious motions include:
i. Motion for bill of particulars;
ii. Motion to dismiss;

[NONE]
iii. Motion for new trial;
iv. Motion for reconsideration;
v. Motion for execution pending

appeal;
RULE 15
MOTIONS
vi. Motion to amend after a

responsive pleading has been
filed;
vii. Motion to cancel statutory

[NONE] lien;
viii. Motion for an order to break

in or for a writ of demolition;
ix. Motion for intervention;
x. Motion for judgment on the

pleadings;
RULE 15
MOTIONS
[NONE] xi. Motion for summary judgment;
xii. Demurrer to evidence;
xiii. Motion to declare defendant in

default; and
xiv. Other similar motions.
(b) All motions shall be served by

personal service, accredited private
courier or registered mail, or
electronic means so as to ensure
their receipt by the other party.
RULE 15
MOTIONS
(c) The opposite party shall file
his or her opposition to a
litigious motion within five (5)
calendar days from receipt
thereof. No other submissions
shall be considered by the court
[NONE] in the resolution of the motion.
The motion shall be resolved by

the court within fifteen (15)
calendar days from its receipt of
the opposition thereto, or upon
expiration of the period to file
such opposition. (n)
RULE 15
MOTIONS
Section 5. Notice of hearing. — Section 6. Notice of hearing on

The notice of hearing shall be litigious motions; discretionary.
addressed to all parties concerned, — The court may, in the exercise
and shall specify the time and date of its discretion, and if deemed
of the hearing which must not be necessary for its resolution, call
later than ten (10) days after the a hearing on the motion. The
filing of the motion. (5a) notice of hearing shall be
addressed to all parties concerned,
and shall specify the time and date
of the hearing. (5)
RULE 15
MOTIONS
Section 6. Proof of service Section 7. Proof of service

necessary. — No written motion set necessary. — No written motion
for hearing shall be acted upon by shall be acted upon by the court
the court without proof of service without proof of service thereof,
thereof. (6a) pursuant to section 5(b) hereof.
(6)
RULE 15
MOTIONS
Section 7. Motion day. — Except Section 8. Motion day. — Except

for motions requiring immediate for motions requiring immediate
action, all motions shall be action, where the court decides
scheduled for hearing on Friday to conduct hearing on a litigious
afternoons, or if Friday is a non- motion, the same shall be set on
working day, in the afternoon of the a Friday. (7)
next working day. (7a)
RULE 15
Sections 5, 6, 7, and 8
• The following are litigious motions under
the new Rules:
• 1. Motion for bill of particulars;
• 2. Motion to dismiss;
• 3. Motion for new trial;
• 4. Motion for reconsideration;
• 5. Motion for execution pending appeal;
• 6. Motion to amend after a responsive
pleading has been filed;
RULE 15
• 7. Motion to cancel statutory lien;
• 8. Motion for an order to break in or for a writ
of demolition;
• 9. Motion for intervention;
• 10.Motion for judgment on the pleadings;
• 11. Motion for summary judgment;
• 12.Demurrer to evidence;
• 13.Motion to declare defendant in default;
and
• 14.Other similar motions.
RULE 15
• What is the procedure in litigious motions?
• All motions shall be served by personal service, accredited

private courier or registered mail, or electronic means so as
to ensure their receipt by the other party.
• The opposite party shall file his or her opposition to a

litigious motion within five (5) calendar days from receipt
thereof. No other submissions shall be considered by the
court in the resolution of the motion.
• The motion shall be resolved by the court within fifteen (15)

calendar days from its receipt of the opposition thereto, or
upon expiration of the period to file such opposition.
RULE 15
• What is the procedure in litigious motions?
• The court may, in the exercise of its discretion, and if deemed

necessary for its resolution, call a hearing on the motion. The
notice of hearing shall be addressed to all parties concerned,
and shall specify the time and date of the hearing (Section 6).
• No written motion shall be acted upon by the court without

proof of service thereof, pursuant to section 5(b) hereof
(Section 7).
• Except for motions requiring immediate action, where the

court decides to conduct hearing on a litigious motion, the
same shall be set on a Friday (Section 8).
RULE 15
MOTIONS
Section 8. Omnibus motion. — Section 9. Omnibus motion. —

Subject to the provisions of section Subject to the provisions of section
1 of Rule 9, a motion attacking a 1 of Rule 9, a motion attacking a
pleading, order, judgment, or pleading, order, judgment, or
proceeding shall include all proceeding shall include all
objections then available, and all objections then available, and all
objections not so included shall be objections not so included shall be
deemed waived. (8a) deemed waived. (8)
RULE 15
Section 10
• What are the exceptions to omnibus
motion rule under Section 1, Rule 9?
• Lack of jurisdiction over the subject matter
• Litis pendentia
• Res judicata
• Statute of limitation or prescription

RULE 15
MOTIONS
Section 9. Motion for leave. — A Section 10. Motion for leave. — A

motion for leave to file a pleading motion for leave to file a pleading
or motion shall be accompanied by or motion shall be accompanied by
the pleading or motion sought to be the pleading or motion sought to be
admitted. (n) admitted. (9)
RULE 15
MOTIONS
Section 10. Form. — The Rules Section 11. Form. — The Rules
applicable to pleadings shall apply applicable to pleadings shall apply
to written motions so far as to written motions so far as
concerns caption, designation, concerns caption, designation,
signature, and other matters of signature, and other matters of
form. (9a) form. (10)
RULE 15
MOTIONS
Section 12. Prohibited Motions. — The

following shall not be allowed:
(a) Motion to dismiss except on the

following grounds:
i. That the court has no jurisdiction

[NONE] over the subject matter of the claim.
ii. That there is another action pending

between the same parties for the same
cause; and
iii. That the cause of action is barred

by a prior judgment or by the statute
of limitations;
RULE 15
MOTIONS
(b) Motion to hear affirmative

defenses;
(c) Motion for reconsideration of

the court’s action on the
affirmative defenses;
(d) Motion to suspend

proceedings without a temporary
restraining order or injunction
issued by a higher court;
RULE 15
MOTIONS
(e) Motion for extension of time to

file pleadings, affidavits or any other
papers, except a motion for
extension to file an answer as
provided by Section 11, Rule 11; and
(f) Motion for postponement

intended for delay, except if it is
based on 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
that the presentation of its evidence
must still be terminated on the dates
previously agreed upon.
RULE 15
MOTIONS
A motion for postponement,
whether written or oral, shall, at
all times, be accompanied by the
original receipt from the office of
the clerk of court evidencing
payment of the postponement
fee under Section 21(b), Rule
141, to be submitted either at the
time of the filing of said motion
or not later than the next hearing
date. The clerk of court shall not
accept the motion unless
accompanied by an original
receipt. (n)
RULE 15
Section 12
• There are prohibited motions under the new Rules:
• 1. Motion to dismiss
• 2. Motion to hear affirmative defenses;
• 3. Motion for reconsideration of the court’s action on the
affirmative defenses;
• 4. Motion to suspend proceedings without a temporary
restraining order or injunction issued by a higher court;
• 5. Motion for extension of time to file pleadings, affidavits or
any other papers;
• 6. Motion for postponement intended for delay;
RULE 15
Section 12
• When the MTD is based on the following
grounds:
 lack of jurisdiction over the subject matter;
 Litis pendentia;
 Res judiciata;
 Presription
• MTD is not a prohibited pleading. It is a
litigious motion.
RULE 15
Section 12
• When for extension of time to file answer is allowed

pursuant Section 11, Rule 11.
• Motion for postponement is allowed if it is based on

acts of God, force majeure or physical inability of the
witness to appear and testify. A motion for
postponement, whether written or oral, shall, at all
times, be accompanied by the original receipt from the
office of the clerk of court evidencing payment of the
postponement fee. If no proof of payment of
postponement fee, the clerk of court shall not accept
the motion.
RULE 15
MOTIONS
Section 13. Dismissal with prejudice.

— Subject to the right of appeal, an
order granting a motion to dismiss or
an affirmative defense that the
cause of action is barred by a prior
judgment or by the statute of
limitations; that the claim or demand
NONE set forth in the plaintiff’s pleading
has been paid, waived, abandoned
or otherwise extinguished; or that
the claim on which the action is
founded is unenforceable under the
provisions of the statute of frauds,
shall bar the refiling of the same action
or claim. (5, R16)
RULE 15
Section 13
• There are dismissals of action which bar the filing
of a similar action. Dismissal based on:
• 1. Barred by a prior judgment;
• 2. Barred by the statute of limitations;
• 3. that the claim or demand set forth in the
plaintiff’s pleading has been paid, waived,
abandoned or otherwise extinguished;
• 4. that the claim on which the action is
founded is unenforceable under the
provisions of the statute of frauds.
• N.B. THE REMEDY OF THE AGGRIEVED
PARTY IS APPEAL
RULE 16
MOTION TO DISMISS
[Provisions either deleted or transposed)
RULE 17
DISMISSAL OF ACTION
RULE 17
DISMISSAL OF ACTION
Section 1. Dismissal upon notice by Section 1. Dismissal upon notice by

plaintiff. — A complaint may be plaintiff. — A complaint may be
dismissed by the plaintiff by filing a dismissed by the plaintiff by filing a
notice of dismissal at any time before notice of dismissal at any time before
service of the answer or of a motion for service of the answer or of a motion for
summary judgment. Upon such notice summary judgment. Upon such notice
being filed, the court shall issue an being filed, the court shall issue an
order confirming the dismissal. Unless order confirming the dismissal. Unless
otherwise stated in the notice, the otherwise stated in the notice, the
dismissal is without prejudice, except dismissal is without prejudice, except
that a notice operates as an that a notice operates as an
adjudication upon the merits when filed adjudication upon the merits when filed
by a plaintiff who has once dismissed by a plaintiff who has once dismissed
in a competent court an action based in a competent court an action based
on or including the same claim. (1) on or including the same claim. (1)
RULE 17
DISMISSAL OF ACTION
Unless otherwise specified in the Unless otherwise specified in the

order, a dismissal under this order, a dismissal under this
paragraph shall be without paragraph shall be without
prejudice. A class suit shall not be prejudice. A class suit shall not be
dismissed or compromised without dismissed or compromised without
the approval of the court. (2a) the approval of the court.
RULE 17
DISMISSAL OF ACTION
Section 2. Dismissal upon motion of Section 2. Dismissal upon motion of

plaintiff. — Except as provided in the plaintiff. — Except as provided in the
preceding section, a complaint shall not be preceding section, a complaint shall not be
dismissed at the plaintiff's instance save dismissed at the plaintiff's instance save
upon approval of the court and upon such upon approval of the court and upon such
terms and conditions as the court deems terms and conditions as the court deems
proper. If a counterclaim has been pleaded proper. If a counterclaim has been pleaded
by a defendant prior to the service upon by a defendant prior to the service upon
him of the plaintiffs motion for dismissal, the him or her of the plaintiff’s motion for
dismissal shall be limited to the complaint. dismissal, the dismissal shall be limited to
The dismissal shall be without prejudice to the complaint. The dismissal shall be
the right of the defendant to prosecute his without prejudice to the right of the
counterclaim in a separate action unless defendant to prosecute his or her
within fifteen (15) days from notice of the counterclaim in a separate action unless
motion he manifests his preference to have within fifteen (15) calendar days from notice
his counterclaim resolved in the same of the motion he or she manifests his or her
action. preference to have his or her counterclaim
resolved in the same action.
RULE 17
DISMISSAL OF ACTION
Section 3. Dismissal due to fault of Section 3. Dismissal due to fault of

plaintiff. — If, for no justifiable cause, the plaintiff. — If, for no justifiable cause, the
plaintiff fails to appear on the date of the plaintiff fails to appear on the date of the
presentation of his evidence in chief on presentation of his or her evidence in
the complaint, or to prosecute his action chief on the complaint, or to prosecute
for an unreasonable length of time, or to his or her action for an unreasonable
comply with these Rules or any order of length of time, or to comply with these
the court, the complaint may be Rules or any order of the court, the
dismissed upon motion of the defendant complaint may be dismissed upon motion
or upon the court's own motion, without of the defendant or upon the court's own
prejudice to the right of the defendant to motion, without prejudice to the right of
prosecute his counterclaim in the same the defendant to prosecute his or her
or in a separate action. This dismissal counterclaim in the same or in a separate
shall have the effect of an adjudication action. This dismissal shall have the
upon the merits, unless otherwise effect of an adjudication upon the merits,
declared by the court. (3a) unless otherwise declared by the court.
RULE 17
DISMISSAL OF ACTION
Section 4. Dismissal of counterclaim, Section 4. Dismissal of counterclaim,

cross-claim, or third-party complaint. — cross-claim, or third-party complaint. —
The provisions of this Rule shall apply The provisions of this Rule shall apply
to the dismissal of any counterclaim, to the dismissal of any counterclaim,
cross-claim, or third-party complaint. A cross-claim, or third-party complaint. A
voluntary dismissal by the claimant by voluntary dismissal by the claimant by
notice as in Section 1 of this Rule, shall notice as in Section 1 of this Rule, shall
be made before a responsive pleading be made before a responsive pleading
or a motion for summary judgment is or a motion for summary judgment is
served or, if there is none, before the served or, if there is none, before the
introduction of evidence at the trial or introduction of evidence at the trial or
hearing. (4) hearing. (4)
RULE 18
PRE-TRIAL
RULE 18
PRE-TRIAL
Section 1. When conducted. — Section 1. When conducted. —
After the last pleading has been After the last responsive
served and filed, it shall be the pleading has been served and
duty of the plaintiff to promptly filed, the branch clerk of court
move ex parte that the case be shall issue, within five (5)
set for pre-trial (5a, R20) calendar days from filing, a
notice of pre-trial which shall
be set not later than sixty (60)
calendar days from the filing
of the last responsive
pleading. (1a)
RULE 18
Section 1
• Under the new Rule, it not anymore the duty
of the plaintiff to move for the setting the case
for pre-trial. It is now the obligation of the
clerk of court.
• The branch clerk of court shall issue notice of
pre-trial within five (5) days from the filing of
the last responsive pleading.
• The pre-trial shall be set not later than 60
days from the filing of the last responsive
pleading.
RULE 18
PRE-TRIAL
Section. 2. Nature and Purpose. —

Section 2. Nature and purpose. — The
The pre-trial is mandatory and should
pre-trial is mandatory. The court shall
be terminated promptly. The court
consider:
shall consider:
(a) The possibility of an amicable
settlement or of a submission to (a) The possibility of an amicable
alternative modes of dispute resolution; settlement or of a submission to
(b) The simplification of the issues; alternative modes of dispute resolution;
(c) The necessity or desirability of (b)The simplification of the issues;

amendments to the pleadings;
(d) The possibility of obtaining (c) The possibility of obtaining
stipulations or admissions of facts and stipulations or admissions of facts and
of documents to avoid unnecessary of documents to avoid unnecessary
proof; proof;
RULE 18
PRE-TRIAL
(d)The limitation of the number and

(e) The limitation of the number of
identification of witnesses and the
witnesses;
setting of trial dates;
(f) The advisability of a preliminary
reference of issues to a commissioner; (e) The advisability of a preliminary
(g) The propriety of rendering judgment reference of issues to a commissioner;
on the pleadings, or summary
judgment, or of dismissing the action (f) The propriety of rendering judgment
should a valid ground therefor be found on the pleadings, or summary
to exist; judgment, or of dismissing the action
should a valid ground therefor be found
(h) The advisability or necessity of to exist;
suspending the proceedings; and
(i) Such other matters as may aid in the
prompt disposition of the action. (1a,
R20)
RULE 18
PRE-TRIAL
(g)The requirement for the parties
to:
1. Mark their respective evidence if

not yet marked in the judicial
affidavits of their witnesses;
2. Examine and make comparisons

of the adverse parties' evidence vis-
a-vis the copies to be marked;
3. Manifest for the record

stipulations regarding the
faithfulness of the reproductions
and the genuineness and due
execution of the adverse parties'
evidence;
RULE 18
PRE-TRIAL
4. Reserve evidence not available at

the pre-trial, but only in the
following manner:
i. For testimonial evidence, by

giving the name or position and the
nature of the testimony of the
proposed witness;
ii. For documentary evidence and

other object evidence, by giving a
particular description of the
evidence.
No reservation shall be allowed if

not made in the manner described
above.
RULE 18
PRE-TRIAL
(h) Such other matters as may aid in the
prompt disposition of the action.
The failure without just cause of a

party and counsel to appear during
pre-trial, despite notice, shall result in
a waiver of any objections to the
faithfulness of the reproductions
marked, or their genuineness and due
execution.
RULE 18
Section 2
There is a mandate
under the new Rules
that pre-trial be
terminated promptly.
RULE 18
Section 2
• There are new matters that must be considered
during pre-trial:
• The limitation of the number and identification of
witnesses and the setting of trial dates;
• Mark their respective evidence if not yet marked in the
judicial affidavits of their witnesses;
• Examine and make comparisons of the adverse
parties' evidence vis-a-vis the copies to be marked;
• Manifest for the record stipulations regarding the
faithfulness of the reproductions and the genuineness
and due execution of the adverse parties' evidence;
RULE 18
Section 2
• There are new matters that must be considered
during pre-trial:
• Reserve evidence not available at the pre-trial: but
only in the following manner:
• For testimonial evidence, by giving the name or
position and the nature of the testimony of the
proposed witness;
• For documentary evidence and other object evidence,
by giving a particular description of the evidence.
• PLEASE TAKE NOTE: No reservation shall be
allowed if not made in the manner described above.
RULE 18
Section 2
The failure without just cause of a party and

counsel to appear during pre-trial, despite
notice, shall result in a waiver of any
objections to the faithfulness of the
reproductions marked, or their genuineness
and due execution.
RULE 18
Section 2
• OBSERVATION
Under Section 2, the failure without just cause of a party
and counsel to appear during pre-trial, despite notice,
shall result in a waiver of any objections to the
faithfulness of the reproductions marked, or their
genuineness and due execution. I find this consequence
without use. It must be noted that under Section 5, the
failure to appear during pre-trial has a well defined
consequence. If it is the plaintiff or his counsel did not
appear, it lead to the dismissal of the complaint. If it is
the defendant or his counsel who failed to appear, it will
allow the plaintiff to present evidence ex-parte.
What is thereof the use of the penalty in Section 2?
RULE 18
PRE-TRIAL
Section 3. Notice of pre-trial. — The notice of Section. 3. Notice of pre-trial. — The notice of
pre-trial shall be served on counsel, or on the pre-trial shall include the dates respectively
party who has no counsel. The counsel served set for:
with such notice is charged with the duty of
(a) Pre-trial;
notifying the party represented by him. (n)
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if

necessary.
The notice of pre-trial shall be served on

counsel, or on the party if he or she has no
counsel. The counsel served with such notice
is charged with the duty of notifying the party
represented by him or her.
Non-appearance at any of the foregoing

settings shall be deemed as nonappearance
at the pre-trial and shall merit the same
sanctions under Section 5 hereof. (3a)
RULE 18
Section 3
• Under the new rules, the notice of pre-trial
shall include the date for pre-trial, court
annexed mediation and judicial dispute
resolution if necessary.
• The notice shall contain a reminder that
“Non-appearance at any of the foregoing
settings shall be deemed as nonappearance
at the pre-trial and shall merit the same
sanctions under Section 5” of Rule 18.
RULE 18
PRE-TRIAL
Section 4. Appearance of parties. — It shall Section 4. Appearance of Parties. — It shall
be the duty of the parties and their counsel be the duty of the parties and their counsel
to appear at the pre-trial. The non- to appear at the pre-trial, court-annexed
appearance of a party may be excused only mediation, and judicial dispute
if a valid cause is shown therefor or if a resolution, if necessary. The non-
representative shall appear in his behalf fully appearance of a party and counsel may
authorized in writing to enter into an be excused only for acts of God, force
amicable settlement, to submit to alternative majeure, or duly substantiated physical
modes of dispute resolution, and to enter inability.
into stipulations or admissions of facts and
A representative may appear on behalf of
of documents. (n)
a party, but must be fully authorized in
writing to enter into an amicable
settlement, to submit to alternative
modes of dispute resolution, and to enter
into stipulations or admissions of facts
and documents.
RULE 18
Section 4
• Section emphasizes that the appearance of
parties and their counsels are mandatory
during pre-trial, court-annexed mediation and
judicial dispute resolution is mandatory.
Appearance may only be excused based on
the following reasons:
• 1) Acts of god
• 2) Force majeure
• 3). Physical inability of party or counsel.
RULE 18
Section 4
• A representative may appear on behalf of
a party, but must be fully authorized in
writing to enter into an amicable
settlement, to submit to alternative modes
of dispute resolution, and to enter into
stipulations or admissions of facts and
documents.
RULE 18
PRE-TRIAL
Section 5. Effect of failure to appear. — Section. 5. Effect of failure to appear. —
The failure of the plaintiff to appear when When duly notified, the failure of the
so required pursuant to the next plaintiff and counsel to appear without
preceding section shall be cause for valid cause when so required, pursuant
dismissal of the action. The dismissal to the next preceding Section, shall
shall be with prejudice, unless other-wise cause the dismissal of the action. The
ordered by the court. A similar failure on dismissal shall be with prejudice, unless
the part of the defendant shall be cause otherwise ordered by the court. A similar
to allow the plaintiff to present his failure on the part of the defendant and
evidence ex parte and the court to render counsel shall be cause to allow the
judgment on the basis thereof. (2a, R20) plaintiff to present his or her evidence ex-
parte within ten (10) calendar days
from termination of the pre-trial, and
the court to render judgment on the basis
of the evidence offered. (5a)
RULE 18
Section 5
• Section of the new Rules provides for the effect on
non-appearance of parties and their counsels.
• If the plaintiff and his or her counsel failed to
appear, despite notice, it would cause the
dismissal of the complaint, with prejudice, unless
otherwise ordered by the court.
• If the defendant and his or her counsel failed to
appear, it will allow the plaintiff to present evidence
ex-parte.
• PLEASE TAKE NOTE THAT THE APPEARANCE
OF PARTY AND COUNSEL IS REQUIRED.
RULE 18
PRE-TRIAL
Section 6. Pre-trial brief. — The parties shall file with the Section 6. Pre-trial brief. — The parties shall file with the
court and serve on the adverse party, in such manner as court and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three (3) days shall ensure their receipt thereof at least three (3) calendar
days before the date of the pre-trial, their respective pre-
before the date of the pre-trial, their respective pre-trial
trial briefs which shall contain, among others:
briefs which shall contain, among others:
(a) A concise statement of the case and the reliefs
(a) A statement of their willingness to enter into amicable prayed for;
settlement or alternative modes of dispute resolution,
indicating the desired terms thereof; (b) A summary of admitted facts and proposed stipulation
of facts;
(b) A summary of admitted facts and proposed stipulation
(c) The main factual and legal issues to be tried or
of facts; resolved;
(c) The issues to be tried or resolved; (d) The propriety of referral of factual issues to
commissioners;
(d) The documents or exhibits to be presented stating the
purpose thereof; (e) The documents or other object evidence to be
marked, stating the purpose thereof;
(e) A manifestation of their having availed or their intention
(f) The names of the witnesses, and the summary of
to avail themselves of discovery procedures or referral to
their respective testimonies; and
commissioners; and
(g) A brief statement of points of law and citation of
(f) The number and names of the witnesses, and the authorities.
substance of their respective testimonies.
Failure to file the pre-trial brief shall have the same effect
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. (8)
as failure to appear at the pre-trial. (n)
RULE 18
PRE-TRIAL
Section 7. Record of pre-trial. — The Section 7. Pre-Trial Order. — Upon
proceedings in the pre-trial shall be recorded. termination of the pre-trial, the court shall
Upon the termination thereof, the court shall issue an order within ten (10) calendar days
issue an order which shall recite in detail the which shall recite in detail the matters taken up.
matters taken up in the conference, the action The order shall include:
taken thereon, the amendments allowed to the
(a) An enumeration of the admitted facts;
pleadings, and the agreements or admissions
made by the parties as to any of the matters (b)The minutes of the pre-trial conference;
considered. Should the action proceed to trial,
(c) The legal and factual issue/s to be tried;
the order shall, explicitly define and limit the
issues to be tried. The contents of the order (d)The applicable law, rules, and
shall control the subsequent course of the jurisprudence;
action, unless modified before trial to prevent
(e) The evidence marked;
manifest injustice. (5a, R20)
(f) The specific trial dates for continuous
trial, which shall be within the period
provided by the Rules;
RULE 18
PRE-TRIAL
(g) The case flowchart to be
determined by the court, which shall
contain the different stages of the
proceedings up to the promulgation of
the decision and the use of time
frames for each stage in setting the
trial dates;
(h) A statement that the one-day
examination of witness rule and most
important witness rule under A.M. No.
03-1-09-SC (Guidelines for Pre-Trial)
shall be strictly followed; and
(i) A statement that the court shall
render judgment on the pleadings or
summary judgment, as the case may
be.
RULE 18
PRE-TRIAL
The direct testimony of witnesses for the
plaintiff shall be in the form of judicial
affidavits. After the identification of such
affidavits, cross-examination shall
proceed immediately.
Postponement of presentation of the
parties’ witnesses at a scheduled date is
prohibited, except if it is based on acts of
God, force majeure or duly substantiated
physical inability of the witness to
appear and testify. The party who caused
the postponement is warned that the
presentation of its evidence must still be
terminated within the remaining dates
previously agreed upon.
RULE 18
PRE-TRIAL
Should the opposing party fail to
appear without valid cause stated in
the next preceding paragraph, the
presentation of the scheduled
witness will proceed with the absent
party being deemed to have waived
the right to interpose objection and
conduct cross-examination.
The contents of the pre-trial order
shall control the subsequent
proceedings, unless modified before
trial to prevent manifest injustice.
(7a)
RULE 18
Section 7
• The pre-trial order governs the trial proceedings.
• The following matters must be stated in the Pre-trial
Order:
(a) An enumeration of the admitted facts;
(b)The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d)The applicable law, rules, and jurisprudence;
(d)The applicable law, rules, and jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous trial, which shall be within the
period provided by the Rules;
(g) Case flow chart as determined by the Court;
(h) statement of one-day examination rule;
(i) statement that the court will render judgment on the pleadings or
summary judgment.
RULE 18
Section 7
• The direct testimony of witnesses for the plaintiff shall be
in the form of judicial affidavits. After the identification of
such affidavits, cross-examination shall proceed
immediately.
• Postponement of presentation of the parties’ witnesses
at a scheduled date is prohibited, except if it is based on
acts of God, force majeure or duly substantiated physical
inability of the witness to appear and testify. The party
who caused the postponement is warned that the
presentation of its evidence must still be terminated
within the remaining dates previously agreed upon.
RULE 18
Section 7
• Should the opposing party fail to appear without valid

cause stated in the next preceding paragraph, the
presentation of the scheduled witness will proceed with
the absent party being deemed to have waived the right
to interpose objection and conduct cross-examination.
RULE 18
PRE-TRIAL
Section 8. Court-Annexed
Mediation. — After pre-trial and,
after issues are joined, the court
shall refer the parties for
mandatory court-annexed
NONE mediation.
The period for court-annexed
mediation shall not exceed thirty
(30) calendar days without
further extension. (n)
RULE 18
PRE-TRIAL
Section 9. Judicial Dispute Resolution. —
Only if the judge of the court to which the
case was originally raffled is convinced that
settlement is still possible, the case may be
referred to another court for judicial dispute
resolution. The judicial dispute resolution
shall be conducted within a non-extendible
NONE period of fifteen (15) calendar days from
notice of failure of the court-annexed
mediation.
If judicial dispute resolution fails, trial

before the original court shall proceed on
the dates agreed upon.
All proceedings during the court-annexed

mediation and the judicial dispute
resolution shall be confidential. (n)
RULE 18
Section 9
• The judicial dispute resolution is not anymore
mandatory. It will only be conducted if the judge
where the case is originally raffled is convinced
that settlement can be reached. In which case, the
JDR will be conducted by a different court which
shall be conducted for a period of 15 days which is
non-extendible.
• If judicial dispute resolution fails, trial before the

original court shall proceed on the dates agreed
upon.
RULE 18
PRE-TRIAL
Section. 10. Judgment after pre-trial. —
Should there be no more controverted
facts, or no more genuine issue as to any
material fact, or an absence of any issue, or
should the answer fail to tender an issue,
the court shall, without prejudice to a party
moving for judgment on the pleadings
NONE under Rule 34 or summary judgment under
Rule 35, motu proprio include in the pre-trial
order that the case be submitted for
summary judgment or judgment on the
pleadings, without need of position papers
or memoranda. In such cases, judgment
shall be rendered within ninety (90)
calendar days from termination of the pre-
trial.
The order of the court to submit the case for

judgment pursuant to this Rule shall not be
the subject to appeal or certiorari. (n)
RULE 18
Section 10
• Under the new Rules, the judgment on the
pleadings or summary judgment may be done by
the Court motu propio, of course with prejudice to
the right of the party to file a motion to that effect.
• If the court decides to render judgment on the

pleadings or summary judgment, the same must
be stated in the pre-trial order.
• The Court shall decide the case within 90 days

from the termination of the pre-trial.
RULE 19
INTERVENTION
RULE 19
INTERVENTION
Section 1. Who may intervene. — A Section 1. Who may intervene. — A
person who has a legal interest in the person who has a legal interest in the
matter in litigation, or in the success of matter in litigation, or in the success of
either of the parties, or an interest against either of the parties, or an interest against
both, or is so situated as to be adversely both, or is so situated as to be adversely
affected by a distribution or other affected by a distribution or other
disposition of property in the custody of disposition of property in the custody of
the court or of an officer thereof may, with the court or of an officer thereof may, with
leave of court, be allowed to intervene in leave of court, be allowed to intervene in
the action. The court shall consider the action. The court shall consider
whether or not the intervention will unduly whether or not the intervention will unduly
delay or prejudice the adjudication of the delay or prejudice the adjudication of the
rights of the original parties, and whether rights of the original parties, and whether
or not the intervenor's rights may be fully or not the intervenor’s rights may be fully
protected in a separate proceeding. (2[a], protected in a separate proceeding. (1)
[b]a, R12)
RULE 19
INTERVENTION
Section 2. Time to intervene. — Section 2. Time to intervene. —
The motion to intervene may be The motion to intervene may be
filed at any time before rendition filed at any time before rendition
of judgment by the trial court. A of judgment by the trial court. A
copy of the pleading-in- copy of the pleading-in-
intervention shall be attached to intervention shall be attached to
the motion and served on the the motion and served on the
original parties. (n) original parties. (2)
RULE 19
INTERVENTION
Section 3. Pleadings-in- Section 3. Pleadings-in-
intervention. — The intervenor intervention. — The intervenor
shall file a complaint-in- shall file a complaint-in
intervention if he asserts a claim intervention if he or she asserts
against either or all of the a claim against either or all of
original parties, or an answer-in- 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. (2[c]a, party in resisting a claim against
R12) the latter. (3a)
RULE 19
INTERVENTION
complaint-in-intervention. — complaint-in-intervention. —
The answer to the complaint-in- The answer to the complaint-in-
intervention shall be filed within
fifteen (15) calendar days from
fifteen (15) days from notice of notice of the order admitting the
the order admitting the same, same, unless a different period
unless a different period is fixed is fixed by the court. (4a)
by the court. (2[d]a, R12)
RULE 19
INTERVENTION
complaint-in-intervention. — complaint-in-intervention. —
The answer to the complaint-in- The answer to the complaint-in-
fifteen (15) calendar days from
fifteen (15) days from notice of notice of the order admitting the
the order admitting the same, same, unless a different period
unless a different period is fixed is fixed by the court. (4a)
by the court. (2[d]a, R12)
RULE 20
CALENDAR OF CASES
RULE 20
CALENDAR OF CASES
Section 1. Calendar of cases. Section 1. Calendar of cases.
— The clerk of court, under the — The clerk of court, under the
direct supervision of the judge, direct supervision of the judge,
shall keep a calendar of cases shall keep a calendar of cases
for pre-trial, for trial, those for pre-trial, for trial, those
whose trials were adjourned or whose trials were adjourned or
postponed, and those with postponed, and those with
motions to set for hearing. motions to set for hearing.
Preference shall be given Preference shall be given
to habeas corpus cases, to habeas corpus cases,
election cases, special civil election cases, special civil
actions, and those so required actions, and those so required
by law. (1a, R22) by law. (1)
RULE 20
CALENDAR OF CASES
Section 2. Assignment of Section 2. Assignment of
cases. — The assignment of cases. — The assignment of
cases to the different branches cases to the different branches
of a court shall be done of a court shall be done
exclusively by raffle. The exclusively by raffle. The
assignment shall be done in assignment shall be done in
open session of which adequate open session of which adequate
notice shall be given so as to notice shall be given so as to
afford interested parties the afford interested parties the
opportunity to be present. (7a, opportunity to be present. (2)
R22)
RULE 21
SUBPOENA
RULE 21
SUBPOENA
Section 1. Subpoena and subpoena Section 1. Subpoena and subpoena
duces tecum. — Subpoena is a duces tecum. — Subpoena is a
process directed to a person process directed to a person
requiring him to attend and to testify requiring him or her to attend and to
at the hearing or the trial of an testify at the hearing or the trial of an
action, or at any investigation action, or at any investigation
conducted by competent authority, or conducted by competent authority, or
for the taking of his deposition. It may for the taking of his or her deposition.
also require him to bring with him It may also require him or her to
any books, documents, or other bring with him or her any books,
things under his control, in which documents, or other things under his
case it is called a subpoena duces or her control, in which case it is
tecum. (1a, R23) called a subpoena duces tecum. (1a)
RULE 21
SUBPOENA
Section 2. By whom issued. — The Section 2. By whom issued. — The
subpoena may be issued by — subpoena may be issued by –
(a) the court before whom the witness is (a) The court before whom the witness is
required to attend; required to attend;
(b) the court of the place where the (b) The court of the place where the
deposition is to be taken; deposition is to be taken;
(c) the officer or body authorized by law (c) The officer or body authorized by law
to do so in connection with investigations to do so in connection with investigations
conducted by said officer or body; or conducted by said officer or body; or
(d) any Justice of the Supreme Court or (d) Any Justice of the Supreme Court or
of the Court of Appeals in any case or the Court of Appeals in any case or
investigation pending within the investigation pending within the
Philippines. Philippines.
RULE 21
SUBPOENA
When application for a subpoena to a When an application for a subpoena to a
prisoner is made, the judge or officer prisoner is made, the judge or officer
shall examine and study carefully such shall examine and study carefully such
application to determine whether the application to determine whether the
same is made for a valid purpose. same is made for a valid purpose.
No prisoner sentenced to No prisoner sentenced to death,
death, reclusion perpetua or life reclusion perpetua or life imprisonment
imprisonment and who is confined in any and who is confined in any penal
penal institution shall be brought outside institution shall be brought outside the
the said penal institution for appearance penal institution for appearance or
or attendance in any court unless attendance in any court unless
authorized by the Supreme Court (2a, authorized by the Supreme Court. (2a)
R23)
RULE 21
SUBPOENA
Section 3. Form and contents. — A Section 3. Form and contents. — A
subpoena shall state the name of subpoena shall state the name of
the court and the title of the action the court and the title of the action
or investigation, shall be directed to or investigation, shall be directed to
the person whose attendance is the person whose attendance is
required, and in the case of a required, and in the case of a
subpoena duces tecum, it shall subpoena duces tecum, it shall
also contain a reasonable also contain a reasonable
description of the books, description of the books,
documents or things demanded documents or things demanded
which must appear to the which must appear to the court
court prima facie relevant. (3a, prima facie relevant. (3)
R23)
RULE 21
SUBPOENA
Section 4. Quashing a subpoena. — The court Section 4. Quashing a subpoena. — The court
may quash a subpoena duces tecum upon may quash a subpoena duces tecum upon
motion promptly made and, in any event, at or motion promptly made and, in any event, at or
before the time specified therein if it is before the time specified therein if it is
unreasonable and oppressive, or the relevancy unreasonable and oppressive, or the relevancy
of the books, documents or things does not of the books, documents or things does not
appear, or if the person in whose behalf the appear, or if the person in whose behalf the
subpoena is issued fails to advance the subpoena is issued fails to advance the
reasonable cost of the production thereof. reasonable cost of the production thereof.
The court may quash a subpoena The court may quash a subpoena ad
ad testificandum on the ground that the witness testificandum on the ground that the witness is
is not bound thereby. In either case, the not bound thereby. In either case, the
subpoena may be quashed on the ground that subpoena may be quashed on the ground that
the witness fees and kilometrage allowed by the witness fees and kilometrage allowed by
these Rules were not tendered when the these Rules were not tendered when the
subpoena was served. (4a, R23) subpoena was served. (4)
RULE 21
SUBPOENA
Section 5. Subpoena for Section 5. Subpoena for
depositions. — Proof of service of a depositions. — Proof of service of a
notice to take a deposition, as notice to take a deposition, as
provided in sections 15 and 25 of provided in Sections 15 and 25 of
Rule 23, shall constitute sufficient Rule 23, shall constitute sufficient
authorization for the issuance of authorization for the issuance of
subpoenas for the persons named subpoenas for the persons named
in said notice by the clerk of the in said notice by the clerk of the
court of the place in which the court of the place in which the
deposition is to be taken. The clerk deposition is to be taken. The clerk
shall not, however, issue a shall not, however, issue a
subpoena duces tecum to any such subpoena duces tecum to any such
person without an order of the person without an order of the
court. (5a, R23) court. (5)
RULE 21
SUBPOENA
Section 6. Service. — Service of a subpoena Section 6. Service. — Service of a subpoena
shall be made in the same manner as personal shall be made in the same manner as personal
or substituted service of summons. The original or substituted service of summons. The original
shall be exhibited and a copy thereof delivered shall be exhibited and a copy thereof delivered
to the person on whom it is served, tendering to the person on whom it is served. The service
to him the fees for one day's attendance and must be made so as to allow the witness a
the kilometrage allowed by these Rules, except reasonable time for preparation and travel to
that, when a subpoena is issued by or on the place of attendance.
behalf of the Republic of the Philippines or an
Costs for court attendance and the
officer or agency thereof, the tender need not
production of documents and other
be made. The service must be made so as to
materials subject of the subpoena shall be
allow the witness a reasonable time for
tendered or charged accordingly. (6a)
preparation and travel to the place of
attendance. If the subpoena is duces
tecum, the reasonable cost of producing the
books, documents or things demanded shall
also be tendered. (6a, R23)
RULE 21
SUBPOENA
Section 7. Personal Section 7. Personal
appearance in court. — A appearance in court. — A
person present in court before a person present in court before a
judicial officer may be required judicial officer may be required
to testify as if he or she were in to testify as if he or she were in
attendance upon a subpoena attendance upon a subpoena
issued by such court or officer. issued by such court or officer.
(7a) (7a)
RULE 21
SUBPOENA
Section 8. Compelling attendance. — Section 8. Compelling attendance. —
In case of failure of a witness to attend, In case of failure of a witness to attend,
the court or judge issuing the the court or judge issuing the
subpoena, upon proof of the service subpoena, upon proof of the service
thereof and of the failure of the witness, thereof and of the failure of the witness,
may issue a warrant to the sheriff of the may issue a warrant to the sheriff of the
province, or his deputy, to arrest the province, or his or her deputy, to arrest
witness and bring him before the court the witness and bring him or her before
or officer where his attendance is the court or officer where his or her
required, and the cost of such warrant attendance is required, and the cost of
and seizure of such witness shall be such warrant and seizure of such
paid by the witness if the court issuing witness shall be paid by the witness if
it shall determine that his failure to the court issuing it shall determine that
answer the subpoena was willful and his or her failure to answer the
without just excuse. (11, R23) subpoena was willful and without just
excuse. (8a)
RULE 21
SUBPOENA
Section 9. Contempt. — Failure Section 9. Contempt. — Failure
by any person without adequate by any person without adequate
cause to obey a subpoena cause to obey a subpoena
served upon him served upon him or her shall be
shall be deemed a contempt of deemed a contempt of the court
the court from which the from which the subpoena is
subpoena is issued. If the issued. If the subpoena was not
subpoena was not issued by a issued by a court, the
court, the disobedience thereto disobedience thereto shall be
shall be punished in accordance punished in accordance with the
with the applicable law or Rule. applicable law or Rule. (9a)
(12a R23)
RULE 21
SUBPOENA
Section 10. Exceptions. — The Section 10. Exceptions. — The
provisions of sections 8 and 9 of provisions of Sections 8 and 9
this Rule shall not apply to a of this Rule shall not apply to a
witness who resides more than witness who resides more than
one hundred (100) kilometers one hundred (100) kilometers
from his residence to the place from his or her residence to the
where he is to testify by the place where he or she is to
ordinary course of travel, or to a testify by the ordinary course of
detention prisoner if no travel, or to a detention prisoner
permission of the court in which if no permission of the court in
his case is pending was which his or her case is
obtained. (9a, R23) pending was obtained. (10a)
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COMPUTATION OF TIME
RULE 22
COMPUTATION OF TIME
Section 1. How to compute time. — Section 1. How to compute time. —

In computing any period of time In computing any period of time
prescribed or allowed by these prescribed or allowed by these
Rules, or by order of the court, or by Rules, or by order of the court, or by
any applicable statute, the day of the any applicable statute, the day of the
act or event from which the act or event from which the
designated period of time begins to designated period of time begins to
run is to be excluded and the date of run is to be excluded and the date of
performance included. If the last day performance included. If the last day
of the period, as thus computed, falls of the period, as thus computed, falls
on a Saturday, a Sunday, or a legal on a Saturday, a Sunday, or a legal
holiday in the place where the court holiday in the place where the court
sits, the time shall not run until the sits, the time shall not run until the
next working day. next working day.
RULE 22
COMPUTATION OF TIME
Sec. 2. Effect of interruption. — Sec. 2. Effect of interruption. —
Should an act be done which Should an act be done which

effectively interrupts the running of effectively interrupts the running of
the period, the allowable period the period, the allowable period
after such interruption shall start to after such interruption shall start to
run on the day after notice of the run on the day after notice of the
cessation of the cause thereof. cessation of the cause thereof.
The day of the act that caused the The day of the act that caused the
interruption shall be excluded in the interruption shall be excluded in the
computation of the period. computation of the period.
RULE 23
DEPOSITIONS PENDING
ACTION
RULE 23
DEPOSITIONS PENDING ACTION
Section 1. Depositions pending action, Section 1. Depositions pending action,
when may be taken. — By leave of court when may be taken. — Upon ex parte
after jurisdiction has been obtained over motion of a party, the testimony of
any defendant or over property which is any person, whether a party or not,
the subject of the action, or without such may be taken, at the instance of any
leave after an answer has been served, party, by deposition upon oral
the testimony of any person, whether a
examination or written interrogatories.
party or not, may be taken, at the instance
The attendance of witnesses may be
of any party, by deposition upon oral
examination or written interrogatories. The compelled by the use of a subpoena as
attendance of witnesses may be compelled provided in Rule 21. Depositions shall
by the use of a subpoena as provided in be taken only in accordance with these
Rule 21. Depositions shall be taken only in Rules. The deposition of a person
accordance with these Rules. The confined in prison may be taken only
deposition of a person confined in prison by leave of court on such terms as the
may be taken only by leave of court on court prescribes.
such terms as the court prescribes.
RULE 23
Section 1
• Under the new Rules, the taking of
deposition is by ex-parte motion from a
party.
• Thus, the requirement that it should be by
leave of court after jurisdiction has been
obtained over any defendant or over
property which is the subject of the action,
or without such leave after an answer has
been served, is not anymore necessary.
RULE 23
Section 2. Scope of examination. — Section 2. Scope of examination. —

Unless otherwise ordered by the court Unless otherwise ordered by the court
as provided by section 16 or 18 of this as provided by section 16 or 18 of this
Rule, the deponent may be examined Rule, the deponent may be examined
regarding any matter, not privileged, regarding any matter, not privileged,
which is relevant to the subject of the which is relevant to the subject of the
pending action, whether relating to the pending action, whether relating to the
claim or defense of any other party, claim or defense of any other party,
including the existence, description, including the existence, description,
nature, custody, condition, and location nature, custody, condition, and location
of any books, documents, or other of any books, documents, or other
tangible things and the identity and tangible things and the identity and
location of persons having knowledge location of persons having knowledge
of relevant facts. (2, R24) of relevant facts. (2)
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Section 3. Examination and cross- Section 3. Examination and cross-

examination. — Examination and examination. — Examination and
cross-examination of deponents cross-examination of deponents
may proceed as permitted at the may proceed as permitted at the
trial under sections 3 to 18 of Rule trial under sections 3 to 18 of Rule
132. (3a, R24) 132. (3)
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Section 4. Use of depositions. — At Section 4. Use of depositions. — At
the trial or upon the hearing of a motion the trial or upon the hearing of a motion
or an interlocutory proceeding, any part or an interlocutory proceeding, any part
or all of a deposition, so far as or all of a deposition, so far as
admissible under the rules of evidence, admissible under the rules of evidence,
may be used against any party who may be used against any party who
was present or represented at the was present or represented at the
taking of the deposition or who had due taking of the deposition or who had due
notice thereof, in accordance with any notice thereof, in accordance with any
one of the following provisions; one of the following provisions;
(a) Any deposition may be used (a) Any deposition may be used
by any party for the purpose of by any party for the purpose of
contradicting or impeaching the contradicting or impeaching the
testimony of deponent as a witness; testimony of deponent as a witness;
(b) The deposition of a party or of (b) The deposition of a party or of
any one who at the time of taking the any one who at the time of taking the
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deposition was an officer, director, or deposition was an officer, director, or
managing agent of a public or private managing agent of a public or private
corporation, partnership, or association corporation, partnership, or association
which is a party may be used by an which is a party may be used by an
adverse party for any purpose; adverse party for any purpose;
(c) The deposition of a witness, (c) The deposition of a witness,
whether or not a party, may be used by whether or not a party, may be used by
any party for any purpose if the court any party for any purpose if the court
finds: (1) that the witness is dead, or finds: (1) that the witness is dead, or
(2) that the witness resides at a (2) that the witness resides at a
distance more than one hundred (100) distance more than one hundred (100)
kilometers from the place of trial or kilometers from the place of trial or
hearing, or is out of the Philippines, hearing, or is out of the Philippines,
unless it appears that his absence was unless it appears that his or her
procured by the party offering the absence was procured by the party
deposition, or offering the deposition, or
RULE 23
(3) that the witness is unable to attend (3) that the witness is unable to attend
or testify because of age, sickness, or testify because of age, sickness,
infirmity, or imprisonment, or (4) that infirmity, or imprisonment, or (4) that
the party offering the deposition has the party offering the deposition has
been unable to procure the attendance been unable to procure the attendance
of the witness by subpoena; or (5) of the witness by subpoena; or (5)
upon application and notice, that such upon application and notice, that such
exceptional circumstances exist as to exceptional circumstances exist as to
make it desirable, in the interest of make it desirable, in the interest of
justice and with due regard to the justice and with due regard to the
importance of presenting the testimony importance of presenting the testimony
of witnesses orally in open court, to of witnesses orally in open court, to
allow the deposition to be used; and allow the deposition to be used; and
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(d) If only part of a deposition is offered (d) If only part of a deposition is offered
in evidence by a party, the adverse in evidence by a party, the adverse
party may require him to introduce all party may require him or her to
of it which is relevant to the part introduce all of it which is relevant to
introduced, and any party may the part introduced, and any party may
introduce any other parts. (4a, R24) introduce any other parts.
RULE 23
Section 5. Effect of substitution of Section 5. Effect of substitution of

parties. — Substitution of parties parties. — Substitution of parties
does not affect the right to use does not affect the right to use
depositions previously taken; and, depositions previously taken; and,
when an action has been dismissed when an action has been dismissed
and another action involving the and another action involving the
same subject is afterward brought same subject is afterward brought
between the same parties or their between the same parties or their
representatives or successors in representatives or successors in
interest, all depositions lawfully taken interest, all depositions lawfully taken
and duly filed in the former action and duly filed in the former action
may be used in the latter as if may be used in the latter as if
originally taken therefor. (5, R24) originally taken therefor. (5)
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Section 6. Objections to admissibility. Section 6. Objections to admissibility.

— Subject to the provisions of section — Subject to the provisions of section
29 of this Rule, objection may be made 29 of this Rule, objection may be made
at the trial or hearing, to receiving in at the trial or hearing, to receiving in
evidence any deposition or part thereof evidence any deposition or part thereof
for any reason which would require the for any reason which would require the
exclusion of the evidence if the witness exclusion of the evidence if the witness
were then present and testifying (6, were then present and testifying (6)
R24)
RULE 23
Section 7. Effect of taking Section 7. Effect of taking

depositions. — A party shall not be depositions. — A party shall not be
deemed to make a person his own deemed to make a person his or
witness for any purpose by taking her own witness for any purpose
his deposition. (7, R24) by taking his or her deposition.
RULE 23
Section 8. Effect of using Section 8. Effect of using

depositions. — The introduction in depositions. — The introduction in
evidence of the deposition or any evidence of the deposition or any
part thereof for any purpose other part thereof for any purpose other
than that of contradicting or than that of contradicting or
impeaching the deponent makes impeaching the deponent makes
the deponent the witness of the the deponent the witness of the
party introducing the deposition, party introducing the deposition,
but this shall not apply to the use but this shall not apply to the use
by an adverse party of a deposition by an adverse party of a deposition
as described in paragraph (b) of as described in paragraph (b) of
section 4 of this Rule. (8, R24) section 4 of this Rule. (8)
RULE 23
Section 9. Rebutting deposition. — Section 9. Rebutting deposition. —

At the trial or hearing any party At the trial or hearing any party
may rebut any relevant evidence may rebut any relevant evidence
contained in a deposition whether contained in a deposition whether
introduced by him or by any other introduced by him or her or by any
party. (9, R24) other party.
RULE 23
Section 10. Persons before whom Section 10. Persons before whom
depositions may be taken within depositions may be taken within
the Philippines. — Within the the Philippines. — Within the
Philippines, depositions may be Philippines, depositions may be
taken before any judge, notary taken before any judge, notary
public, or the person referred to in public, or the person referred to in
section 14 hereof. (10a, R24) Section 14 hereof. (10)
RULE 23
Section 11. Persons before whom Section 11. Persons before whom
depositions may be taken in foreign depositions may be taken in foreign
countries. — In a foreign state or countries. — In a foreign state or
country, depositions may be taken country, depositions may be taken
(a) on notice before a secretary of (a) on notice before a secretary of
embassy or legation, consul general, embassy or legation, consul general,
consul, vice-consul, or consular consul, vice-consul, or consular
agent of the Republic of the agent of the Republic of the
Philippines, (b) before such person Philippines, (b) before such person
or officer as may be appointed by or officer as may be appointed by
commission or under letters rogatory; commission or under letters rogatory;
or (c) the person referred to in or (c) the person referred to in
section 14 hereof. (11a, R24) section 14 hereof. (11)
RULE 23
Section 12. Commission or letters Section 12. Commission or letters

rogatory. — A commission or letters rogatory. — A commission or letters
rogatory shall be issued only when rogatory shall be issued only when
necessary or convenient, on necessary or convenient, on
application and notice, and on such application and notice, and on such
terms, and with such direction as terms, and with such direction as
are just and appropriate. Officers are just and appropriate. Officers
may be designated in notices or may be designated in notices or
commissions either by name or commissions either by name or
descriptive title and letters rogatory descriptive title and letters rogatory
may be addressed to the may be addressed to the
appropriate judicial authority in the appropriate judicial authority in the
foreign country. (12a, R24) foreign country. (12)
RULE 23
Section 13. Disqualification by Section 13. Disqualification by

interest. — No deposition shall be interest. — No deposition shall be
taken before a person who is a taken before a person who is a
relative within the sixth degree of relative within the sixth degree of
consanguinity or affinity, or consanguinity or affinity, or
employee or counsel of any of the employee or counsel of any of the
parties, or who is a relative within parties, or who is a relative within
the same degree, or employee of the same degree, or employee of
such counsel; or who is financially such counsel; or who is financially
interested in the action. (13a, R24) interested in the action. (13)
RULE 23
Section 14. Stipulations Section 14. Stipulations

regarding taking of depositions. regarding taking of depositions.
— If the parties so stipulate in — If the parties so stipulate in
writing, depositions may be writing, depositions may be
taken before any person taken before any person
authorized to administer oaths, authorized to administer oaths,
at any time or place, in at any time or place, in
accordance with these Rules accordance with these Rules
and when so taken may be and when so taken may be
used like other depositions. used like other depositions. (14)
(14a, R24)
RULE 23
Section 15. Deposition upon oral Section 15. Deposition upon oral
examination; notice; time and place. — examination; notice; time and place. —
A party desiring to take the deposition A party desiring to take the deposition
of any person upon oral examination of any person upon oral examination
shall give reasonable notice in writing, shall give reasonable notice in writing,
to every other party to the action. The to every other party to the action. The
notice shall state the time and place for notice shall state the time and place for
taking the deposition and the name and taking the deposition and the name and
address of each person to be address of each person to be
examined, if known, and if the name is examined, if known, and if the name is
not known, a general description not known, a general description
sufficient to identify him or the sufficient to identify him or her or the
particular class or group to which he particular class or group to which he
belongs. On motion of any party upon belongs. On motion of any party upon
whom the notice is served, the court whom the notice is served, the court
may for cause shown enlarge or may for cause shown enlarge or
shorten the time. (15, R24) shorten the time.
RULE 23
Section 16. Orders for the protection of Section 16. Orders for the protection of
parties and deponents. — After notice parties and deponents. — After notice
is served for taking a deposition by oral is served for taking a deposition by oral
examination, upon motion seasonably examination, upon motion seasonably
made by any party or by the person to made by any party or by the person to
be examined and for good cause be examined and for good cause
shown, the court in which the action is shown, the court in which the action is
pending may make an order that the pending may make an order that the
deposition shall not be taken, or that it deposition shall not be taken, or that it
may be taken only at some designated may be taken only at some designated
place other than that stated in the place other than that stated in the
notice, or that it may be taken only on notice, or that it may be taken only on
written interrogatories, or that certain written interrogatories, or that certain
matters shall not be inquired into, or matters shall not be inquired into, or
that the scope of the examination shall that the scope of the examination shall
be held with no one present except the be held with no one present except the
parties to the action and their officers parties to the action and their officers
RULE 23
or counsel, or that after being sealed or counsel, or that after being sealed
the deposition shall be opened only by the deposition shall be opened only by
order of the court, or that secret order of the court, or that secret
processes, developments, or research processes, developments, or research
need not be disclosed, or that the need not be disclosed, or that the
parties shall simultaneously file parties shall simultaneously file
specified documents or information specified documents or information
enclosed in sealed envelopes to be enclosed in sealed envelopes to be
opened as directed by the court or the opened as directed by the court or the
court may make any other order which court may make any other order which
justice requires to protect the party or justice requires to protect the party or
witness from annoyance, witness from annoyance,
embarrassment, or oppression. (16a, embarrassment, or oppression. (16)
R24)
RULE 23
Section 17. Record of examination, Section 17. Record of examination,
oath; objections. — The officer before oath; objections. — The officer before
whom the deposition is to be taken whom the deposition is to be taken
shall put the witness on oath and shall shall put the witness on oath and shall
personally, or by some one acting personally, or by some one acting
under his direction and in his under his or her direction and in his or
presence, record the testimony of the her presence, record the testimony of
witness. The testimony shall be taken the witness. The testimony shall be
stenographically unless the parties taken stenographically unless the
agree otherwise. All objections made at parties agree otherwise. All objections
the time of the examination to the made at the time of the examination to
qualifications of the officer taking the the qualifications of the officer taking
deposition, or to the manner of talking the deposition, or to the manner of
it, or to the evidence presented, or to talking it, or to the evidence presented,
the conduct of any party, and any other or to the conduct of any party, and any
objection to the proceedings, shall be other objection to the proceedings,
noted by the officer upon the shall be noted by the officer upon the
RULE 23
deposition. Evidence objected deposition. Evidence objected
to shall be taken subject to the to shall be taken subject to the
objections. In lieu of objections. In lieu of
participating in the oral participating in the oral
examination, parties served with examination, parties served with
notice of taking a deposition notice of taking a deposition
may transmit written may transmit written
interrogatories to the officers, interrogatories to the officers,
who shall propound them to the who shall propound them to the
witness and record the answers witness and record the answers
verbatim. (17, R24) verbatim.
RULE 23
Section 18. Motion to terminate or limit Section 18. Motion to terminate or limit
examination. — At any time during the examination. — At any time during the
taking of the deposition, on motion or taking of the deposition, on motion or
petition of any party or of the deponent, petition of any party or of the deponent,
and upon a showing that the and upon a showing that the
examination is being conducted in bad examination is being conducted in bad
faith or in such manner as faith or in such manner as
unreasonably to annoy, embarrass, or unreasonably to annoy, embarrass, or
oppress the deponent or party, the oppress the deponent or party, the
court in which the action is pending or court in which the action is pending or
the Regional Trial Court of the place the Regional Trial Court of the place
where the deposition is being taken where the deposition is being taken
may order the officer conducting the may order the officer conducting the
examination to cease forthwith from examination to cease forthwith from
taking the deposition, or may limit the taking the deposition, or may limit the
scope and manner of the taking of the scope and manner of the taking of the
deposition, as provided in section 16 of deposition, as provided in section 16 of
RULE 23
of this Rule. If the order made of this Rule. If the order made
terminates the examination, it shall terminates the examination, it shall
be resumed thereafter only upon be resumed thereafter only upon
the order of the court in which the the order of the court in which the
action is pending. Upon demand of action is pending. Upon demand of
the objecting party or deponent, the the objecting party or deponent, the
taking of the deposition shall be taking of the deposition shall be
suspended for the time necessary suspended for the time necessary
to make a notice for an order. In to make a notice for an order. In
granting or refusing such order, the granting or refusing such order, the
court may impose upon either party court may impose upon either party
or upon the witness the or upon the witness the
requirement to pay such costs or requirement to pay such costs or
expenses as the court may deem expenses as the court may deem
reasonable. (18a, R24) reasonable. (18)
RULE 23
Section 19. Submission to witness; Section 19. Submission to witness;
changes; signing. — When the changes; signing. — When the
testimony is fully transcribed, the testimony is fully transcribed, the
deposition shall be submitted to the deposition shall be submitted to the
witness for examination and shall be witness for examination and shall be
read to or by him, unless such read to or by him or her, unless such
examination and reading are waived by examination and reading are waived by
the witness and by the parties. Any the witness and by the parties. Any
changes in form or substance which changes in form or substance which
the witness desires to make shall be the witness desires to make shall be
entered upon the deposition by the entered upon the deposition by the
officer with a statement of the reasons officer with a statement of the reasons
given by the witness for making them. given by the witness for making them.
The deposition shall then be signed by The deposition shall then be signed by
the witness, unless the parties by the witness, unless the parties by
stipulation waive the signing or the stipulation waive the signing or the
witness is ill or cannot be found or witness is ill or cannot be found or
RULE 23
refuses to sign. If the deposition is refuses to sign. If the deposition is
not signed by the witness, the officer not signed by the witness, the officer
shall sign it and state on the record shall sign it and state on the record
the fact of the waiver or of the illness the fact of the waiver or of the illness
or absence of the witness or the fact or absence of the witness or the fact
of the refusal to sign together with of the refusal to sign together with
the reason be given therefor, if any, the reason be given therefor, if any,
and the deposition may then be used and the deposition may then be used
as fully as though signed, unless on as fully as though signed, unless on
a motion to suppress under section a motion to suppress under section
29 (f) of this Rule, the court holds 29 (f) of this Rule, the court holds
that the reasons given for the refusal that the reasons given for the refusal
to sign require rejection of the to sign require rejection of the
deposition in whole or in part. (19a, deposition in whole or in part.
R24)
RULE 23
Section 20. Certification, and filing by Section 20. Certification, and filing by
officer. — The officer shall certify on officer. — The officer shall certify on
the deposition that the witness was the deposition that the witness was
duly sworn to by him and that the duly sworn to by him or her and that
deposition is a true record of the the deposition is a true record of the
testimony given by the witness. He testimony given by the witness. He or
shall then securely seal the deposition she shall then securely seal the
in an envelope indorsed with the title of deposition in an envelope indorsed with
the action and marked "Deposition of the title of the action and marked
(here insert the name of witness)" and "Deposition of (here insert the name of
shall promptly file it with the court in witness)" and shall promptly file it with
which the action is pending or send it the court in which the action is pending
by registered mail to the clerk thereof or send it by registered mail to the clerk
for filing. (20, R24) thereof for filing.
RULE 23
Section 21. Notice of filing. — The Section 21. Notice of filing. — The
officer taking the deposition shall officer taking the deposition shall
give prompt notice of its filing to all give prompt notice of its filing to all
the parties. (21, R24) the parties. (21)
RULE 23
Section 22. Furnishing copies. Section 22. Furnishing copies.

— Upon payment of reasonable — Upon payment of reasonable
charges therefor, the officer charges therefor, the officer
shall furnish a copy of the shall furnish a copy of the
deposition to any party or to the deposition to any party or to the
deponent. (22, R24) deponent. (22)
RULE 23
Section 23. Failure to attend of party Section 23. Failure to attend of party
giving notice. — If the party giving giving notice. — If the party giving
the notice of the taking of a the notice of the taking of a
deposition fails to attend and deposition fails to attend and
proceed therewith and another proceed therewith and another
attends in person or by counsel attends in person or by counsel
pursuant to the notice, the court may pursuant to the notice, the court may
order the party giving the notice to order the party giving the notice to
pay such other party the amount of pay such other party the amount of
the reasonable expenses incurred by the reasonable expenses incurred by
him and his counsel in so attending, him or her and his or her counsel in
including reasonable attorney's fees. so attending, including reasonable
(23a, R24) attorney's fees.
RULE 23
Section 24. Failure of party giving Section 24. Failure of party giving
notice to serve subpoena. — If the notice to serve subpoena. — If the
party giving the notice of the taking of a party giving the notice of the taking of a
deposition of a witness fails to serve a deposition of a witness fails to serve a
subpoena upon him and the witness subpoena upon him or her and the
because of such failure does not witness because of such failure does
attend, and if another party attends in not attend, and if another party attends
person or by counsel because he in person or by counsel because he or
expects the deposition of that witness she expects the deposition of that
to be taken, the court may order the witness to be taken, the court may
party giving the notice to pay to such order the party giving the notice to pay
other party the amount of the to such other party the amount of the
reasonable expenses incurred by him reasonable expenses incurred by him
and his counsel in so attending, or her and his or her counsel in so
including reasonable attorney's fees. attending, including reasonable
(24a, R24) attorney's fees.
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Section 25. Deposition upon written Section 25. Deposition upon written
interrogatories; service of notice and of interrogatories; service of notice and of
interrogatories. — A party desiring to interrogatories. — A party desiring to
take the deposition of any person upon take the deposition of any person upon
written interrogatories shall serve them written interrogatories shall serve them
upon every other party with a notice upon every other party with a notice
stating the name and address of the stating the name and address of the
person who is to answer them and the person who is to answer them and the
name or descriptive title and address of name or descriptive title and address of
the officer before whom the deposition the officer before whom the deposition
is to be taken. Within ten (10) days is to be taken. Within ten (10) calendar
thereafter, a party so served may serve days thereafter, a party so served may
cross-interrogatories upon the party serve cross-interrogatories upon the
proposing to take the deposition. Within party proposing to take the deposition.
five (5) days thereafter, the latter may Within five (5) calendar days
serve re-direct interrogatories upon a thereafter, the latter may serve re-direct
interrogatories upon a
RULE 23
party who has served cross- party who has served cross-
interrogatories. Within three (3) interrogatories. Within three (3)
days after being served with re- calendar days after being served
direct interrogatories, a party may with re-direct interrogatories, a
serve recrossinterrogatories upon party may serve recross-
the party proposing to take the interrogatories upon the party
deposition. (25, R24) proposing to take the deposition.
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Section 26. Officers to take responses Section 26. Officers to take responses
and prepare record. — A copy of the and prepare record. — A copy of the
notice and copies of all interrogatories notice and copies of all interrogatories
served shall be delivered by the party served shall be delivered by the party
taking the deposition to the officer taking the deposition to the officer
designated in the notice, who shall designated in the notice, who shall
proceed promptly, in the manner proceed promptly, in the manner
provided by sections 17, 19 and 20 of provided by sections 17, 19 and 20 of
this Rule, to take the testimony of the this Rule, to take the testimony of the
witness in response to the witness in response to the
interrogatories and to prepare, certify, interrogatories and to prepare, certify,
and file or mail the deposition, and file or mail the deposition,
attaching thereto the copy of the notice attaching thereto the copy of the notice
and the interrogatories received by and the interrogatories received by him
him. (26, R24) or her.
RULE 23
Section 27. Notice of filing and Section 27. Notice of filing and
furnishing copies. — When a furnishing copies. — When a
deposition upon interrogatories is deposition upon interrogatories is
filed, the officer taking it shall filed, the officer taking it shall
promptly give notice thereof to all promptly give notice thereof to all
the parties, and may furnish copies the parties, and may furnish copies
to them or to the deponent upon to them or to the deponent upon
payment of reasonable charges payment of reasonable charges
therefor. (27, R24) therefor. (27)
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Section 28. Order for the protection of Section 28. Order for the protection of
parties and deponents. — After the parties and deponents. — After the
service of the interrogatories and prior service of the interrogatories and prior
to the taking of the testimony of the to the taking of the testimony of the
deponent, the court in which the action deponent, the court in which the action
is pending, on motion promptly made is pending, on motion promptly made
by a party or a deponent, and for good by a party or a deponent, and for good
cause shown, may make any order cause shown, may make any order
specified in sections 15, 16 and 18 of specified in sections 15, 16 and 18 of
this Rule which is appropriate and just this Rule which is appropriate and just
or an order that the deposition shall not or an order that the deposition shall not
be taken before the officer designated be taken before the officer designated
in the notice or that it shall not be taken in the notice or that it shall not be taken
except upon oral examination. (28a, except upon oral examination. (28)
R24)
RULE 23
Section 29. Effect of errors and Section 29. Effect of errors and
irregularities in depositions. — irregularities in depositions. —
a) As to notice. — All errors and a) As to notice. — All errors and
irregularities in the notice for taking irregularities in the notice for taking
a deposition are waived unless a deposition are waived unless
written objection is promptly served written objection is promptly served
upon the party giving the notice. upon the party giving the notice.
b) As to disqualification of officer. — b) As to disqualification of officer. —
Objection to taking a deposition Objection to taking a deposition
because of disqualification of the because of disqualification of the
officer before whom it is to be taken officer before whom it is to be taken
is waived unless made before the is waived unless made before the
taking of the deposition begins or as taking of the deposition begins or as
soon thereafter as the soon thereafter as the
disqualification becomes known or disqualification becomes known or
could be discovered with could be discovered with
reasonable diligence. reasonable diligence.
RULE 23
c) As to competency or relevancy c) As to competency or relevancy
of evidence. — Objections to of evidence. — Objections to
the competency of witness or the competency of witness or
the competency, relevancy, or the competency, relevancy, or
materiality of testimony are not materiality of testimony are not
waived by failure to make them waived by failure to make them
before or during the taking of the before or during the taking of the
deposition, unless the ground, deposition, unless the ground,
of the objection is one which of the objection is one which
might have been obviated or might have been obviated or
removed if presented at that removed if presented at that
time. time.
RULE 23
d) As to oral examination and other d) As to oral examination and other
particulars. — Errors and particulars. — Errors and
irregularities occurring at the oral irregularities occurring at the oral
examination in the manner of examination in the manner of
taking the deposition in the form taking the deposition in the form
of the questions or answers, in of the questions or answers, in
the oath or affirmation, or in the the oath or affirmation, or in the
conduct of the parties and errors conduct of the parties and errors
of any kind which might be of any kind which might be
obviated, removed, or cured if obviated, removed, or cured if
promptly prosecuted, are waived promptly prosecuted, are waived
unless reasonable objection unless reasonable objection
thereto is made at the taking of thereto is made at the taking of
the deposition. the deposition.
RULE 23
e) As to form of written e) As to form of written
interrogatories. — Objections to interrogatories. — Objections to
the form of written the form of written
interrogatories submitted under interrogatories submitted under
sections 25 and 26 of this Rule sections 25 and 26 of this Rule
are waived unless served in are waived unless served in
writing upon the party 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
interrogatories authorized. of the last interrogatories
authorized.
RULE 23
f) As to manner of preparation. — f) As to manner of preparation. —
Errors and irregularities in the Errors and irregularities in the
manner in which the testimony is manner in which the testimony is
transcribed or the deposition is transcribed or the deposition is
prepared, signed, certified, prepared, signed, certified,
sealed, indorsed, transmitted, sealed, indorsed, transmitted,
filed, or otherwise dealt with by filed, or otherwise dealt with by
the officer under sections 17, 19, the officer under sections 17, 19,
20 and 26 of this Rule are waived 20 and 26 of this Rule are waived
unless a motion to suppress the unless a motion to suppress the
deposition or some part thereof is deposition or some part thereof is
made with reasonable made with reasonable
promptness after such defect is, promptness after such defect is,
or with due diligence might have or with due diligence might have
been, ascertained. (29a, R24) been, ascertained.
RULE 24
DEPOSITIONS BEFORE
ACTION OR PENDING
APPEAL
RULE 24
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
Section 1. Depositions before Section 1. Depositions before

action; petition. — A person who action; petition. — A person who
desires to perpetuate his own desires to perpetuate his or her
testimony or that of another own testimony or that of another
person regarding any matter person regarding any matter
that may be cognizable in any that may be cognizable in any
court of the Philippines may file court of the Philippines may file
a verified petition in the court of a verified petition in the court of
the place of the residence of the place of the residence of
any expected adverse party. (1a any expected adverse party.
R134)
RULE 24
Section 2. Contents of petition. — The Section 2. Contents of petition. — The
petition shall be entitled in the name of petition shall be entitled in the name of
the petitioner and shall show: (a) that the petitioner and shall show: (a) that
the petitioner expects to be a party to the petitioner expects to be a party to
an action in a court of the Philippines an action in a court of the Philippines
but is presently unable to bring it or but is presently unable to bring it or
cause it to be brought; (b) the subject cause it to be brought; (b) the subject
matter of the expected action and his matter of the expected action and his
interest therein; (c) the facts which he or her interest therein; (c) the facts
desires to establish by the proposed which he or she desires to establish by
testimony and his reasons for desiring the proposed testimony and his or her
to perpetuate it; (d) the names or a reasons for desiring to perpetuate it; (d)
description of the persons he expects the names or a description of the
will be adverse parties and their persons he or she expects will be
addresses so far as known; and (e) the adverse parties and their addresses so
names and addresses of the persons far as known; and (e) the names and
addresses of the persons
RULE 24
to be examined and the to be examined and the
substance of the testimony substance of the testimony
which he expects to elicit from which he or she expects to
each, and shall ask for an order elicit from each, and shall ask
authorizing the petitioner to take for an order authorizing the
the depositions of the persons petitioner to take the
to be examined named in the depositions of the persons to be
petition for the purpose of examined named in the petition
perpetuating their testimony. (2, for the purpose of perpetuating
R134) their testimony.
RULE 24
Section 3. Notice and service. — The Section 3. Notice and service. — The
petitioner shall serve a notice upon petitioner shall serve a notice upon
each person named in the petition as each person named in the petition as
an expected adverse party, together an expected adverse party, together
with a copy of the petition, stating that with a copy of the petition, stating that
the petitioner will apply to the court, at the petitioner will apply to the court, at
a time and place named therein, for the a time and place named therein, for the
order described in the petition. At least order described in the petition. At least
twenty (20) days before the date of twenty (20) calendar days before the
the hearing, the court shall cause date of the hearing, the court shall
notice thereof to be served on the cause notice thereof to be served on
parties and prospective deponents in the parties and prospective deponents
the manner provided for service of in the manner provided for service of
summons. (3a, R134) summons.
RULE 24
Section 3. Notice and service. — The Section 3. Notice and service. — The
petitioner shall serve a notice upon petitioner shall serve a notice upon
each person named in the petition as each person named in the petition as
an expected adverse party, together an expected adverse party, together
with a copy of the petition, stating that with a copy of the petition, stating that
the petitioner will apply to the court, at the petitioner will apply to the court, at
a time and place named therein, for the a time and place named therein, for the
order described in the petition. At least order described in the petition. At least
twenty (20) days before the date of twenty (20) calendar days before the
the hearing, the court shall cause date of the hearing, the court shall
notice thereof to be served on the cause notice thereof to be served on
parties and prospective deponents in the parties and prospective deponents
the manner provided for service of in the manner provided for service of
summons. (3a, R134) summons.
RULE 24
Section 4. Order and examination. Section 4. Order and examination.

— If the court is satisfied that the — If the court is satisfied that the
perpetuation of the testimony may perpetuation of the testimony may
prevent a failure or delay of justice, it prevent a failure or delay of justice, it
shall make an order designating or shall make an order designating or
describing the persons whose describing the person whose
deposition may be taken and deposition may be taken and
specifying the subject matter of the specifying the subject matter of the
examination and whether the examination and whether the
depositions shall be taken upon oral depositions shall be taken upon oral
examination or written examination or written
interrogatories. The depositions may interrogatories. The depositions may
be taken in accordance with Rule 23 then be taken in accordance with
before the hearing. (4a, R134) Rule 23 before the hearing. (4)
RULE 24
Section 5. Reference to court. Section 5. Reference to court.

— For the purpose of applying — For the purpose of applying
Rule 23 to depositions for Rule 23 to depositions for
perpetuating testimony, each perpetuating testimony, each
reference therein to the court in reference therein to the court in
which the action is pending which the action is pending
shall be deemed to refer to the shall be deemed to refer to the
court in which the petition for court in which the petition for
such deposition was filed. (5a, such deposition was filed. (5)
R134)
RULE 24
Section 6. Use of deposition. — Section 6. Use of deposition. —

If a deposition to perpetuate If a deposition to perpetuate
testimony is taken under this testimony is taken under this
Rule, or if, although not so taken, Rule, or if, although not so taken,
it would be admissible in it would be admissible in
evidence, it may be used in any evidence, it may be used in any
action involving the same subject action involving the same subject
matter subsequently brought in matter subsequently brought in
accordance with the provisions of accordance with the provisions of
sections 4 and 5 of Rule 23. (6a, Sections 4 and 5 of Rule 23. (6)
R134)
RULE 24
Section 7.Depositions pending appeal. Section 7.Depositions pending appeal.
— If an appeal has been taken from a — If an appeal has been taken from a
judgment of a court, including the Court judgment of a court, including the Court
of Appeals in proper cases, or before of Appeals in proper cases, or before
the taking of an appeal if the time the taking of an appeal if the time
therefor has not expired, the court in therefor has not expired, the court in
which the judgment was rendered may which the judgment was rendered may
allow the taking of depositions of allow the taking of depositions of
witnesses to perpetuate their testimony witnesses to perpetuate their testimony
for in the event of further proceedings for in the event of further proceedings
in the said court. In such case the party in the said court. In such case the party
who desires to perpetuate the who desires to perpetuate the
testimony may make a motion in the testimony may make a motion in the
said court for leave to take the said court for leave to take the
depositions, upon the same notice and depositions, upon the same notice and
service thereof as if the action was service thereof as if the action was
pending therein. The motion shall state pending therein. The motion shall state
RULE 24
(a) the names and addresses of the (a) the names and addresses of the
persons to be examined and the persons to be examined and the
substance of the testimony which he substance of the testimony which he or
expects to elicit from each, and (b) the she expects to elicit from each, and (b)
reason for perpetuating their testimony. the reason for perpetuating their
If the court finds that the perpetuation testimony. If the court finds that the
of the testimony is proper to avoid a perpetuation of the testimony is proper
failure or delay of justice, it may make to avoid a failure or delay of justice, it
an order allowing the deposition to be may make an order allowing the
taken, and thereupon the depositions deposition to be taken, and thereupon
may be taken and used in the same the depositions may be taken and used
manner and under the same conditions in the same manner and under the
as are prescribed in these Rules for same conditions as are prescribed in
depositions taken in pending actions. these Rules for depositions taken in
(7a, R134) pending actions.
RULE 25
INTERROGATORIES TO
PARTIES
RULE 25
INTERROGATORIES TO PARTIES
Section 1. Interrogatories to parties; Section 1. Interrogatories to parties;

service thereof. — Under the same service thereof. — Upon ex parte
conditions specified in section 1 motion, any party desiring to elicit
of Rule 23, any party desiring to material and relevant facts from any
elicit material and relevant facts from adverse parties shall file and serve
any adverse parties shall file and upon the latter written interrogatories
serve upon the latter written to be answered by the party served
interrogatories to be answered by the or, if the party served is a public or
party served or, if the party served is private corporation or a partnership
a public or private corporation or a or association, by any officer thereof
partnership or association, by any competent to testify in its behalf.
officer thereof competent to testify in
its behalf. (1a)
RULE 25
Section 1
• Under the new Rules, the taking of
deposition is by ex-parte motion from a
party.
• Thus, the requirement that it should be by
leave of court after jurisdiction has been
obtained over any defendant or over
property which is the subject of the action,
or without such leave after an answer has
been served, is not anymore necessary.
RULE 25
Section 2. Answer to interrogatories. Section 2. Answer to interrogatories.

— The interrogatories shall be — The interrogatories shall be
answered fully in writing and shall be answered fully in writing and shall be
signed and sworn to by the person signed and sworn to by the person
making them. The party upon whom making them. The party upon whom
the interrogatories have been served the interrogatories have been served
shall file and serve a copy of the shall file and serve a copy of the
answers on the party submitting the answers on the party submitting the
interrogatories within fifteen (15) interrogatories within fifteen (15)
days after service thereof unless the calendar days after service thereof
court on motion and for good cause unless the court on motion and for
shown, extends or shortens the time. good cause shown, extends or
(2a) shortens the time.
RULE 25
Section 3.Objections to Section 3.Objections to

interrogatories. — Objections to interrogatories. — Objections to
any interrogatories may be any interrogatories may be
presented to the court within presented to the court within ten
ten (10) days after service (10) calendar days after
thereof, with notice as in case of service thereof, with notice as in
a motion; and answers shall be case of a motion; and answers
deferred until the objections are shall be deferred until the
resolved, which shall be at as objections are resolved, which
early a time as is practicable. shall be at as early a time as is
(3a) practicable.
RULE 26
ADMISSION BY ADVERSE
PARTY
RULE 26
ADMISSION BY ADVERSE PARTY
Section 1. Request for admission. — Section 1. Request for admission. —

At any time after issues have been At any time after issues have been
joined, a party may file and serve joined, a party may file and serve
upon any other party a written upon any other party a written
request for the admission by the request for the admission by the
latter of the genuineness of any latter of the genuineness of any
material and relevant document material and relevant document
described in and exhibited with the described in and exhibited with the
request or of the truth of any material request or of the truth of any material
and relevant matter of fact set forth in and relevant matter of fact set forth in
the request. Copies of the the request. Copies of the
documents shall be delivered with documents shall be delivered with
the request unless copy have the request unless copies have
already been furnished. (1a) already been furnished. (1)
RULE 26
Section 2. Implied admission. — Each Section 2. Implied admission. — Each

of the matters of which an admission is of the matters of which an admission is
requested shall be deemed admitted requested shall be deemed admitted
unless, within a period designated in unless, within a period designated in
the request, which shall not be less the request, which shall not be less
than fifteen (15) days after service than fifteen (15) calendar days after
thereof, or within such further time as service thereof, or within such further
the court may allow on motion, the time as the court may allow on motion,
party to whom the request is directed the party to whom the request is
files and serves upon the party directed files and serves upon the party
requesting the admission a sworn requesting the admission a sworn
statement either denying specifically statement either denying specifically
the matters of which an admission is the matters of which an admission is
requested or setting forth in detail the requested or setting forth in detail the
reasons why he cannot truthfully either reasons why he or she cannot
admit or deny those matters. truthfully either admit or deny those
matters.
RULE 26
Objections to any request for Objections to any request for

admission shall be submitted to admission shall be submitted to
the court by the party requested the court by the party requested
within the period for and prior to within the period for and prior to
the filing of his sworn statement the filing of his or her sworn
as contemplated in the statement as contemplated in
preceding paragraph and his the preceding paragraph and
compliance therewith shall be his or her compliance therewith
deferred until such objections shall be deferred until such
are resolved, which resolution objections are resolved, which
shall be made as early as resolution shall be made as
practicable. (2a) early as practicable. (2a)
RULE 26
Section 3. Effect of admission. — Any Section 3. Effect of admission. — Any

admission made by a party pursuant to admission made by a party pursuant to
such request is for the purpose of the such request is for the purpose of the
pending action only and shall not pending action only and shall not
constitute an admission by him for any constitute an admission by him or her
other purpose nor may the same be for any other purpose nor may the
used against him in any other same be used against him or her in
proceeding. (3) any other proceeding. (3a)
Section 4. Withdrawal. — The court Section 4. Withdrawal. — The court

may allow the party making an may allow the party making an
admission under the Rule, whether admission under this Rule, whether
express or implied, to withdraw or express or implied, to withdraw or
amend it upon such terms as may be amend it upon such terms as may be
just. (4) just. (4)
RULE 26
Section 5. Effect of failure to file Section 5. Effect of failure to file

and serve request for admission. — and serve request for admission. —
Unless otherwise allowed by the Unless otherwise allowed by the
court for good cause shown and to court for good cause shown and to
prevent a failure of justice, a party prevent a failure of justice, a party
who fails to file and serve a request who fails to file and serve a request
for admission on the adverse party for admission on the adverse party
of material and relevant facts at of material and relevant facts at
issue which are, or ought to be, issue which are, or ought to be,
within the personal knowledge of within the personal knowledge of
the latter, shall not be permitted to the latter, shall not be permitted to
present evidence on such facts. (n) present evidence on such facts. (5)
RULE 27
PRODUCTION OR
INSPECTION OF
DOCUMENTS OR THINGS
RULE 27
PRODUCTION OF INSPECTION OF
DOCUMENTS OR THINGS
Section 1. Motion for production or Section 1. Motion for production or

inspection; order. — Upon motion of inspection; order. — Upon motion of
any party showing good cause therefor, any party showing good cause therefor,
the court in which an action is pending the court in which an action is pending
may (a) order any party to produce and may (a) order any party to produce and
permit the inspection and copying or permit the inspection and copying or
photographing, by or on behalf of the photographing, by or on behalf of the
moving party, of any designated moving party, of any designated
documents, papers, books, accounts, documents, papers, books, accounts,
letters, photographs, objects or tangible letters, photographs, objects or tangible
things, not privileged, which constitute things, not privileged, which constitute
or contain evidence material to any or contain evidence material to any
matter involved in the action and which matter involved in the action and which
are in his possession, custody or are in his or her possession, custody
control, or or control, or
RULE 27
PRODUCTION OF INSPECTION OF
DOCUMENTS OR THINGS
(b) order any party to permit entry upon (b) order any party to permit entry upon
designated land or other property in his designated land or other property in his
possession or control for the purpose or her possession or control for the
of inspecting, measuring, surveying, or purpose of inspecting, measuring,
photographing the property or any surveying, or photographing the
designated relevant object or operation property or any designated relevant
thereon. The order shall specify the object or operation thereon. The order
time, place and manner of making the shall specify the time, place and
inspection and taking copies and manner of making the inspection and
photographs, and may prescribe such taking copies and photographs, and
terms and conditions as are just. (1a) may prescribe such terms and
conditions as are just. (1a)
Note: No substantial amendment was made in Rule 27.

RULE 28
PHYSICAL AND MENTAL

EXAMINATIONS OF
PERSONS
RULE 28
PHYSICAL AND MENTAL EXAMINATIONS OF
PERSONS
Section 1. When examination Section 1. When examination

may be ordered. - In an action may be ordered. — In an action
in which the mental or physical in which the mental or physical
condition of a party is in condition of a party is in
controversy, the court in which controversy, the court in which
the action is pending may in its the action is pending may in its
discretion order him to submit to discretion order him or her to
a physical or mental submit to a physical or mental
examination by a physician. examination by a physician.
(1a)
RULE 28
PERSONS
Section 2. Order for examination. - Section 2. Order for examination.

The order for examination may be — The order for examination may
made only on motion for good be made only on motion for good
cause shown and upon notice to cause shown and upon notice to
the party to be examined and to all the party to be examined and to all
other parties, and shall specify the other parties, and shall specify the
time, place, manner, conditions and time, place, manner, conditions and
scope of the examination and the scope of the examination and the
person or persons by whom it is to person or persons by whom it is to
be made. be made. (2)
RULE 28
PERSONS
Section 3. Report of findings. - If Section 3. Report of findings. — If

requested by the party examined, the requested by the party examined, the
party causing the examination to be party causing the examination to be
made shall deliver to him a copy of a made shall deliver to him or her a copy
detailed written report of the examining of a detailed written report of the
physician setting out his findings and examining physician setting out his or
conclusions. After such request and her findings and conclusions. After
delivery, the party causing the such request and delivery, the party
examination to be made shall be causing the examination to be made
entitled upon request to receive from shall be entitled upon request to
the party examined a like report of any receive from the party examined a like
examination, previously or thereafter report of any examination, previously or
made, of the same mental or physical thereafter made, of the same mental or
condition. physical condition.
RULE 28
PERSONS
If the party examined refuses to If the party examined refuses to

deliver such report, the court on deliver such report, the court on
motion and notice may make an motion and notice may make an
order requiring delivery on such order requiring delivery on such
terms as are just, and if a physician terms as are just, and if a physician
fails or refuses to make such a fails or refuses to make such a
report the court may exclude his report, the court may exclude his or
testimony if offered at the trial. her testimony if offered at the trial.
(3a)
Note: No substantial amendment was made in the provisions under Rule 28.
RULE 29
REFUSAL TO COMPLY
WITH MODES OF
DISCOVERY
RULE 29
REFUSAL TO COMPLY WITH MODES OF
DISCOVERY
Section 1. Refusal to Answer. — If a Section 1. Refusal to Answer. — If a

party or other deponent refuses to party or other deponent refuses to
answer any question upon oral answer any question upon oral
examination, the examination may be examination, the examination may be
completed on other matters or completed on other matters or
adjourned as the proponent of the adjourned as the proponent of the
question may prefer. The proponent question may prefer. The proponent
may thereafter apply to the proper may thereafter apply to the proper
court of the place where the court of the place where the
deposition is being taken, for an order deposition is being taken, for an order
to compel an answer. The to compel an answer. The same
same procedure may be availed of procedure may be availed of when a
when a party or a witness refuses to party or a witness refuses to answer
answer any interrogatory submitted any interrogatory submitted
under Rules 23 or 25. under Rules 23 or 25.
RULE 29
DISCOVERY
If the application is granted, the If the application is granted, the

court shall require the refusing party court shall require the refusing party
or deponent to answer the question or deponent to answer the question
or interrogatory and if it also finds or interrogatory and if it also finds
that the refusal to answer was that the refusal to answer was
without substantial justification, it without substantial justification, it
may require the refusing party or may require the refusing party or
deponent or the counsel advising deponent or the counsel advising
the refusal, or both of them, to pay the refusal, or both of them, to pay
the proponent the amount of the the proponent the amount of the
reasonable expenses incurred in reasonable expenses incurred in
obtaining the order, including obtaining the order, including
attorney's fees. attorney's fees.
RULE 29
DISCOVERY
If the application is denied and the If the application is denied and the
court finds that it was filed without court finds that it was filed without
substantial justification, the court substantial justification, the court
may require the proponent or the may require the proponent or the
counsel advising the filing of the counsel advising the filing of the
application, or both of them, to application, or both of them, to
pay to the refusing party or pay to the refusing party or
deponent the amount of the deponent the amount of the
reasonable expenses incurred in reasonable expenses incurred in
opposing the application, including opposing the application, including
attorney's fees. (1a) attorney's fees. (1)
RULE 29
DISCOVERY
Section 2. Contempt of Court. Section 2. Contempt of Court.

— If a party or other witness — If a party or other witness
refuses to be sworn or refuses refuses to be sworn or refuses
to answer any question after to answer any question after
being directed to do so by the being directed to do so by the
court of the place in which the court of the place in which the
deposition is being taken, the deposition is being taken, the
refusal may be considered a refusal may be considered a
contempt of that court. (2a) contempt of that court (2).
RULE 29
DISCOVERY
Section 3. Other Consequences. — If Section 3. Other Consequences. — If

any party or an officer or managing any party or an officer or managing
agent of a party refuses to obey an agent of a party refuses to obey an
order made under Section 1 of this order made under Section 1 of this
Rule requiring him to answer Rule requiring him or her to answer
designated questions, or an order designated questions, or an order
under Rule 27 to produce any under Rule 27 to produce any
document or other thing for document or other thing for
inspection, copying, or photographing inspection, copying, or photographing
or to permit it to be done, or to permit or to permit it to be done, or to permit
entry upon land or other property, or entry upon land or other property, or
an order made under Rule 28 an order made under Rule 28
requiring him to submit to a physical requiring him or her to submit to a
or mental examination, physical or mental examination,
RULE 29
DISCOVERY
the court may make such orders in the court may make such orders in
regard to the refusal as are just, and regard to the refusal as are just, and
among others the following: among others the following:
(a) An order that the matters regarding (a) An order that the matters regarding
which the questions were asked, or which the questions were asked, or
the character or description of the the character or description of the
thing or land, or the contents of the thing or land, or the contents of the
paper, or the physical or mental paper, or the physical or mental
condition of the party, or any other condition of the party, or any other
designated facts shall be taken to be designated facts shall be taken to be
established for the purposes of the established for the purposes of the
action in accordance with the claim of action in accordance with the claim of
the party obtaining the order; the party obtaining the order;
RULE 29
DISCOVERY
(b) An order refusing to allow the (b) An order refusing to allow the
disobedient party to support or disobedient party to support or
oppose designated claims or oppose designated claims or
defenses or prohibiting him from defenses or prohibiting him or
introducing in evidence her from introducing in evidence
designated documents or things designated documents or things
or items of testimony, or from or items of testimony, or from
introducing evidence of physical introducing evidence of physical
or mental condition; or mental condition;
RULE 29
DISCOVERY
(c) An order striking out pleadings or (c) An order striking out pleadings or
parts thereof, or staying further parts thereof, or staying further
proceedings until the order is obeyed, proceedings until the order is obeyed,
or dismissing the action or proceeding or dismissing the action or proceeding
or any part thereof, or rendering a or any part thereof, or rendering a
judgment by default against the judgement by default against the
disobedient party; and disobedient party; and
(d) In lieu of any of the foregoing orders (d) In lieu of any of the foregoing orders
or in addition thereto, an order directing or in addition thereto, an order directing
the arrest of any party or agent of a the arrest of any party or agent of a
party for disobeying any of such orders party for disobeying any of such orders
except an order to submit to a physical except an order to submit to a physical
or mental examination. (3a) or mental examination. (3a)
RULE 29
DISCOVERY
Section 4. Expenses on Refusal to Section 4. Expenses on Refusal to

Admit. — If a party after being served Admit. — If a party after being served
with a request under Rule 26 to admit with a request under Rule 26 to admit
the genuineness of any document or the genuineness of any document or
the truth of any matter of fact, serves the truth of any matter of fact, serves
a sworn denial thereof and if the party a sworn denial thereof and if the party
requesting the admissions thereafter requesting the admissions thereafter
proves the genuineness of such proves the genuineness of such
document or the truth of any such document or the truth of any such
matter of fact, he may apply to the matter of fact, he or she may apply to
court for an order requiring the other the court for an order requiring the
party to pay him the reasonable other party to pay him or her the
expenses incurred in making such reasonable expenses incurred in
proof, including attorney's fees. making such proof, including
reasonable attorney's fees.
RULE 29
DISCOVERY
Unless the court finds that Unless the court finds that
there were good reasons for there were good reasons for
the denial or that admissions the denial or that admissions
sought were of no substantial sought were of no substantial
importance, such order shall importance, such order shall
be issued. (4a) be issued. (4a)
RULE 29
DISCOVERY
Section 5. Failure of Party to Attend or Section 5. Failure of Party to Attend

Serve Answers. — If a party or an or Serve Answers. — If a party or an
officer or managing agent of a party officer or managing agent of a party
wilfully fails to appear before the officer wilfully fails to appear before the
who is to take his deposition, after officer who is to take his or
being served with a proper notice, or her deposition, after being served with
fails to serve answers to interrogatories a proper notice, or fails to serve
submitted under Rule 25 after proper answers to interrogatories submitted
service of such interrogatories, the under Rule 25 after proper service of
court on motion and notice, may strike such interrogatories, the court on
out all or any part of any pleading of motion and notice, may strike out all
that party, or dismiss the action or or any part of any pleading of that
proceeding or any part thereof, party, or dismiss the action or
proceeding or any part thereof,
RULE 29
DISCOVERY
or enter a judgment by default or enter a judgment by default

against that party, and in its against that party, and in its
discretion, order him to pay discretion, order him or her to
reasonable expenses incurred pay reasonable expenses
by the other, including attorney's incurred by the other, including
fees. (5) attorney's fees. (5a)
RULE 29
DISCOVERY
Section 6. Expenses Against Section 6. Expenses against

the Republic of the Philippines. the Republic of the Philippines.
— Expenses and attorney's — Expenses and attorney's
fees are not to be imposed fees are not to be imposed
upon the Republic of the upon the Republic of the
Philippines under this Rule. (6) Philippines under this Rule. (6)
RULE 30
TRIAL
RULE 30
TRIAL
Section 1. Notice of Trial. — Section 1. Schedule of trial.
Upon entry of a case in the trial — The parties shall strictly
calendar, the clerk shall notify observe the scheduled
the parties of the date of its trial hearings as agreed upon and
in such manner as shall ensure set forth in the pre-trial order.
his receipt of that notice at least
five (5) days before such date. (a) The schedule of the trial
(2a, R22) dates, for both plaintiff and
defendant, shall be
continuous and within the
following periods:
RULE 30
TRIAL
i. The initial presentation of

plaintiff’s evidence shall be set
not later than thirty (30) calendar
days after the termination of the
pre-trial conference. Plaintiff
shall be allowed to present its
evidence within a period of three
(3) months or ninety (90)
calendar days, which shall
include the date of the judicial
dispute resolution, if necessary;
RULE 30
TRIAL
ii. The initial presentation of
defendant’s evidence shall be
set not later than thirty (30)
calendar days after the
court’s ruling on plaintiff’s
formal offer of evidence. The
defendant shall be allowed to
present its evidence within a
period of three (3) months or
ninety (90) calendar days;
RULE 30
TRIAL
iii. The period for the
presentation of evidence on 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.
RULE 30
TRIAL
(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.
RULE 30
TRIAL
(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. (n)
RULE 30
Section 1
• The new Rules adopts the continuous trial
system in civil cases.
• Under this system, the parties are
enjoined to follow strictly the schedule of
trials agreed upon in the pre-trial order.
• The initial presentation of plaintiff’s
evidence shall be set not later than thirty
(30) calendar days after the termination of
the pre-trial conference.
RULE 30
Section 1
• Period to present evidence:
• Plaintiff shall present evidence within a
period of three (3) months or ninety (90)
calendar days, which shall include the
date of the judicial dispute resolution, if
necessary;
• The defendant shall present evidence
within a period of three (3) months or
ninety (90) calendar days;
RULE 30
Section 1
• The period for the presentation of evidence
on 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
• 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.
RULE 30
Section 1
• 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.
RULE 30
Section 1
• Period to decide the case:
• 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
Section 1
TRIAL PROCESS
Schedule of trial Plaintiff’s Defendant’s

– 30 days from evidence – 90 evidence – 90
termination of PT days days
Third party,
Rebuttal Decision – within
counterclaim,
evidence – 30 90 days from
cross-claim – 90
days submission
days maximum
RULE 30
TRIAL
Section 2. Adjournments and Section 2. Adjournments and
postponements. — A court may adjourn postponements. — A court may adjourn
a trial from day to day, and to any a trial from day to day, and to any
stated time, as the expeditious and stated time, as the expeditious and
convenient transaction of business may convenient transaction of business may
require, but shall have no power to require, but shall have no power to
adjourn a trial for a longer period than adjourn a trial for a longer period than
one month for each adjournment nor one month for each adjournment, nor
more than three months in all, except more than three months in all, except
when authorized in writing by the Court when authorized in writing by the Court
Administrator, Supreme Court. (3a, Administrator, Supreme Court.
R22)
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.
(2a)
RULE 30
Section 2
• A party may ask for postponement of
trial.
• However, under the new Rules, 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.
RULE 30
TRIAL
Section 3. Requisites of motion to [Section 3. Requisites of motion to
postpone trial for absence of postpone trial for absence of
evidence. — A motion to postpone a evidence. — Deleted]
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 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 object to their
admissibility, the trial shall not be
postponed. (4a, R22; Bar Matter No.
803, 21 July 1998)
RULE 30
TRIAL
Section 4. Requisites of motion Section 3. Requisites of motion
to postpone trial for illness of to postpone trial for illness of
party or counsel. — A motion to party or counsel. — A motion to
postpone a trial on the ground of postpone a trial on the ground of
illness of a party or counsel may illness of a party or counsel may
be granted if it appears upon be granted if it appears upon
affidavit or sworn certification that affidavit or sworn certification that
the presence of such party or the presence of such party or
counsel at the trial is counsel at the trial is
indispensable and that the indispensable and that the
character of his illness is such as character of his or her illness is
to render his non-attendance such as to render his or her non-
excusable. (5a, R22) attendance excusable. (4a)
RULE 30
TRIAL
Section 4. Hearing days and
calendar call. — Trial shall be held
from Monday to Thursday, and
courts shall call the cases at exactly
8:30 a.m. and 2:00 p.m., pursuant to
Administrative Circular No. 3-99.
Hearing on motions shall be held on
Fridays, pursuant to Section 8, Rule
15.
All courts shall ensure the posting

of their court calendars outside their
courtrooms at least one (1) day
before the scheduled hearings,
pursuant to OCA Circular
No. 250-2015. (n)
RULE 30
TRIAL
Section 5. Order of trial. — Subject to Section 5. Order of trial. — Subject to
the provisions of section 2 of Rule 31, the provisions of Section 2 of Rule 31,
and unless the court for special and unless the court for special
reasons otherwise directs, the trial shall reasons otherwise directs, the trial shall
be limited to the issues stated in the be limited to the issues stated in the
pre-trial order and shall proceed as pre-trial order and shall proceed as
follows: follows:
(a) The plaintiff shall adduce evidence (a) The plaintiff shall adduce evidence
in support of his complaint; in support of his or her complaint;
(b) The defendant shall then adduce (b) The defendant shall then adduce
evidence in support of his defense, evidence in support of his or her
counterclaim, cross-claim and third- defense, counterclaim, cross-claim and
party complaints; third-party complaint;
RULE 30
TRIAL
(c) The third-party defendant if any, (c) The third-party defendant, if any,
shall adduce evidence of his defense, shall adduce evidence of his or her
counterclaim, cross-claim and fourth- defense, counterclaim, cross-claim and
party complaint; fourth-party complaint;
(d) The fourth-party, and so forth, if any, (d) The fourth-party, and so forth, if any,
shall adduce evidence of the material shall adduce evidence of the material
facts pleaded by them; facts pleaded by them;
(e) The parties against whom any (e) The parties against whom any
counterclaim or cross-claim has been counterclaim or cross-claim has been
pleaded, shall adduce evidence in pleaded, shall adduce evidence in
support of their defense, in the order to support of their defense, in the order to
be prescribed by the court; be prescribed by the court;
RULE 30
TRIAL
(f) The parties may then respectively (f) The parties may then respectively
adduce rebutting evidence only, adduce rebutting evidence only,
unless the court, for good reasons unless the court, for good reasons
and in the furtherance of justice, and in the furtherance of justice,
permits them to adduce evidence permits them to adduce evidence
upon their original case; and upon their original case; and
(g) Upon admission of the evidence, (g) Upon admission of the evidence,
the case shall be deemed submitted the case shall be deemed submitted
for decision, unless the court directs for decision, unless the court directs
the parties to argue or to submit their the parties to argue or to submit their
respective memoranda or any further respective memoranda or any further
pleadings. pleadings.
RULE 30
TRIAL
If several defendants or third- If several defendants or third-

party defendants, and so party defendants, and so
forth, having separate forth, having separate
defenses appear by different defenses appear by different
counsel, the court shall counsel, the court shall
determine the relative order determine the relative order
of presentation of their of presentation of their
evidence. (1a, R30) evidence. (5a)
RULE 30
Section 5
Defendant’s
Plaintiff’s evidence evidence on his Third party
on his claim defense, cross-claim defendant
or counterclaim
Parties against
whom, counterclaim, Parties rebuttal
Fourth party, if any
cross-claim has evidence
been pleaded
Submitted for ORDER OF

decision TRIAL
RULE 30
TRIAL
Section 6. Oral offer of

exhibits. — The offer of
evidence, the comment or
objection thereto, and the
court ruling shall be made
orally in accordance with
Sections 34 to 40 of Rule 132.
(n)
RULE 30
Section 6
The new Rules

requires that offer of
evidence should be
done ORALLY.
RULE 30
TRIAL
Section 6. Agreed statement of Section 7. Agreed statement of
facts. — The parties to any action facts. — The parties to any action
may agree, in writing, upon the may agree, in writing, upon the
facts involved in the litigation, and facts involved in the litigation, and
submit the case for judgment on submit the case for judgment on
the facts agreed upon, without the the facts agreed upon, without the
introduction of evidence. introduction of evidence.
If the parties agree only on some of If the parties agree only on some of
the facts in issue, the trial shall be the facts in issue, the trial shall be
held as to the disputed facts in held as to the disputed facts in
such order as the court shall such order as the court shall
prescribe. (2a, R30) prescribe. (6)
RULE 30
TRIAL
Section 7. Statement of judge. [Section 7. Statement of

— During the hearing or trial of judge. — Deleted]
a case any statement made by
the judge with reference to the
case, or to any of the parties,
witnesses or counsel, shall be
made of record in the
stenographic notes. (3a, R30)
RULE 30
TRIAL
Section 8. Suspension of Section 8. Suspension of

actions. — The suspension of actions. — The suspension of
actions shall be governed by actions shall be governed by
the provisions of the Civil Code. the provisions of the Civil Code
(n) and other laws. (8a)
RULE 30
TRIAL
Section 9. Judge to receive Section 9. Judge to receive evidence;
evidence; delegation to clerk of court. — delegation to clerk of court. — The judge
The judge of the court where the case is of the court where the case is pending
pending shall personally receive the shall personally receive the evidence to
evidence to be adduced by the parties. be adduced by the parties. However, in
However, in default or ex parte hearings, default or ex parte hearings, and in any
and in any case where the parties agree case where the parties agree in writing,
in writing, the court may delegate the the court may delegate the reception of
reception of evidence to its clerk of court evidence to its clerk of court who is a
who is a member of the bar. The clerk of member of the bar. The clerk of court
court shall have no power to rule on shall have no power to rule on objections
objections to any question or to the to any question or to the admission of
admission of exhibits, which objections exhibits, which objections shall be
shall be resolved by the court upon resolved by the court upon submission of
submission of his report and the his or her report and the transcripts
transcripts within ten (10) days from within ten (10) calendar days from
termination of the hearing. (n) termination of the hearing. (9a)
RULE 31
CONSOLIDATION
OR SERVANCE
RULE 31
CONSOLIDATION OR SERVANCE
Section 1. Consolidation. — Section 1. Consolidation. —
When actions involving a When actions involving a
common question of law or fact common question of law or fact
are pending before the court, it are pending before the court, it
may order a joint hearing or trial may order a joint hearing or trial
of any or all the matters in issue of any or all the matters in issue
in the actions; it may order all in the actions; it may order all
the actions consolidated, and it the actions consolidated; and it
may make such orders may make such orders
concerning proceedings therein concerning proceedings therein
as may tend to avoid as may tend to avoid
unnecessary costs or delay. (1) unnecessary costs or delay. (1)
RULE 31
CONSOLIDATION OR SERVANCE
Section 2. Separate trials. — The Section 2. Separate trials. — The

court, in furtherance of court, in furtherance of
convenience or to avoid prejudice, convenience or to avoid prejudice,
may order a separate trial of any may order a separate trial of any
claim, cross-claim, counterclaim, or claim, cross-claim, counterclaim, or
third-party complaint, or of any third-party complaint, or of any
separate issue or of any number of separate issue or of any number of
claims, cross-claims, claims, crossclaims, counterclaims,
counterclaims, third-party third-party complaints or issues. (2)
complaints or issues. (2a)
Note: There was no amendment in the provisions of Rule 31.

RULE 32
TRIAL BY
COMMISSIONER
RULE 32
TRIAL BY COMMISSIONER
Section 1. Reference by consent. Section 1. Reference by consent.

— By written consent of both — By written consent of both
parties, the court may order any or parties, the court may order any or
all of the issues in a case to be all of the issues in a case to be
referred to a commissioner to be referred to a commissioner to be
agreed upon by the parties or to be agreed upon by the parties or to be
appointed by the court. As used in appointed by the court. As used in
these Rules, the word these Rules, the word
"commissioner" includes a referee, "commissioner" includes a referee,
an auditor and an examiner. (1a, an auditor and an examiner. (1)
R33)
RULE 32
Section 2. Reference ordered on Section 2. Reference ordered on
motion. — When the parties do not motion. — When the parties do not
consent, the court may, upon the consent, the court may, upon the
application of either or of its own application of either or of its own
motion, direct a reference to a motion, direct a reference to a
commissioner in the following commissioner in the following
cases: cases:
(a) When the trial of an issue of fact (a) When the trial of an issue of fact
requires the examination of a long requires the examination of a long
account on either side, in which account on either side, in which
case the commissioner may be case the commissioner may be
directed to hear and report upon directed to hear and report upon
the whole issue or any specific the whole issue or any specific
question involved therein; question involved therein;
RULE 32
(b) When the taking of an account (b) When the taking of an account
is necessary for the information of is necessary for the information of
the court before judgment, or for the court before judgment, or for
carrying a judgment or order into carrying a judgment or order into
effect. effect;
(c) When a question of fact, other (c) When a question of fact, other
than upon the pleadings, arises than upon the pleadings, arises
upon motion or otherwise, in any upon motion or otherwise, in any
stage of a case, or for carrying a stage of a case, or for carrying a
judgment or order into effect. (2a, judgment or order into effect. (2)
R33)
RULE 32
Section 3. Order of reference; powers Section 3. Order of reference; powers
of the commissioner. — When a of the commissioner. — When a
reference is made, the clerk shall reference is made, the clerk shall
forthwith furnish the commissioner with forthwith furnish the commissioner with
a copy of the order of reference. The a copy of the order of reference. The
order may specify or limit the powers of order may specify or limit the powers of
the commissioner, and may direct him the commissioner, and may direct him
to report only upon particular issues, or or her to report only upon particular
to do or perform particular acts, or to issues, or to do or perform particular
receive and report evidence only and acts, or to receive and report evidence
may fix the date for beginning and only, and may fix the date for beginning
closing the hearings and for the filing of and closing the hearings and for the
his report. Subject to other filing of his or her report. Subject to
specifications and limitations stated in the specifications and limitations stated
the order, the commissioner has and in the order, the commissioner has and
shall exercise the power to regulate the shall exercise the power to regulate the
proceedings in every hearing before proceedings in every hearing before
RULE 32
him and to do all acts and take all him or her and to do all acts and take
measures necessary or proper for the all measures necessary or proper for
efficient performance of his duties the efficient performance of his or her
under the order. He may issue duties under the order. He or she may
subpoenas and subpoenas duces issue subpoenas and subpoenas
tecum, swear witnesses, and unless duces tecum, swear witnesses, and
otherwise provided in the order of unless otherwise provided in the order
reference, he may rule upon the of reference, he or she may rule upon
admissibility of evidence. The trial or the admissibility of evidence. The trial
hearing before him shall proceed in all or hearing before him or her shall
respects as it would if held before the proceed in all respects as it would if
court. (3a, R33) held before the court. (3a)
RULE 32
Section 4. Oath of commissioner. — Section 4. Oath of commissioner. —
Before entering upon his duties the Before entering upon his or her duties
commissioner shall be sworn to a the commissioner shall be sworn to a
faithful and honest performance faithful and honest performance
thereof. (14, R33) thereof. (4a)
Section 5. Proceedings before Section 5. Proceedings before

commissioner. — Upon receipt of the commissioner. — Upon receipt of the
order of reference and unless order of reference unless otherwise
otherwise provided therein, the provided therein, the commissioner
commissioner shall forthwith set a time shall forthwith set a time and place for
and place for the first meeting of the the first meeting of the parties or their
parties or their counsel to be held counsel to be held within ten (10)
within ten (10) days after the date of calendar days after the date of the
the order of reference and shall notify order of reference and shall notify the
the parties or their counsel. (5a, R33) parties or their counsel. (5a)
RULE 32
Section 6. Failure of parties to appear Section 6. Failure of parties to appear
before commissioner. — If a party fails before commissioner. — If a party fails
to appear at the time and place to appear at the time and place
appointed, the commissioner may appointed, the commissioner may
proceed ex parte or, in his discretion, proceed ex parte or, in his or her
adjourn the proceedings to a future discretion, adjourn the proceedings to a
day, giving notice to the absent party or future day, giving notice to the absent
his counsel of the adjournment. (6a, party or his or her counsel of the
R33) adjournment. (6a)
Section 7. Refusal of witness. — The Section 7. Refusal of witness. — The

refusal of a witness to obey a refusal of a witness to obey a
subpoena issued by the commissioner subpoena issued by the commissioner
or to give evidence before him, shall be or to give evidence before him or her,
deemed a contempt of the court which shall be deemed a contempt of the
appointed the commissioner. (7a R33) court which appointed the
commissioner. (7a)
RULE 32
Section 8. Commissioner shall Section 8. Commissioner shall
avoid delays. — It is the duty of avoid delays. — It is the duty of
the commissioner to proceed the commissioner to proceed
with all reasonable diligence. with all reasonable diligence.
Either party, on notice to the Either party, on notice to the
parties and commissioner, may parties and commissioner, may
apply to the court for an order apply to the court for an order
requiring the commissioner to requiring the commissioner to
expedite the proceedings and to expedite the proceedings and to
make his report. (8a, R33) make his or her report. (8a)
RULE 32
Section 9. Report of commissioner. — Section 9. Report of commissioner. —
Upon the completion of the trial or Upon the completion of the trial or
hearing or proceeding before the hearing or proceeding before the
commissioner, he shall file with the commissioner, he or she shall file with
court his report in writing upon the the court his or her report in writing
matters submitted to him by the order upon the matters submitted to him or
of reference. When his powers are not her by the order of reference. When his
specified or limited, he shall set forth or her powers are not specified or
his findings of fact and conclusions of limited, he or she shall set forth his or
law in his report. He shall attach her findings of fact and conclusions of
thereto all exhibits, affidavits, law in his or her report. He or she
depositions, papers and the transcript, shall attach thereto all exhibits,
if any, of the testimonial evidence affidavits, depositions, papers and the
presented before him. (9a, R33) transcript, if any, of the testimonial
evidence presented before him or her.
(9a)
RULE 32
Section 10. Notice to parties of the Section 10. Notice to parties of the
filing of report. — Upon the filing of the filing of report. — Upon the filing of the
report, the parties shall be notified by report, the parties shall be notified by
the clerk, and they shall be allowed ten the clerk, and they shall be allowed ten
(10) days within which to signify (10) calendar days within which to
grounds of objections to the findings of signify grounds of objections to the
the report, if they so desire. Objections findings of the report, if
to the report based upon grounds they so desire. Objections to the report
which were available to the parties based upon grounds which were
during the proceedings before the available to the parties during the
commissioner, other than objections to proceedings before the commissioner,
the findings and conclusions therein, other than objections to the findings
set forth, shall not be considered by the and conclusions therein set forth, shall
court unless they were made before not be considered by the court unless
the commissioner. they were made before the
(10, R33) commissioner. (10a)
RULE 32
Section 11. Hearing upon report. Section 11. Hearing upon report.
— Upon the expiration of the period — Upon the expiration of the period
of ten (10) days referred to in the of ten (10) calendar days referred
preceding section, the report shall to in the preceding section, the
be set for hearing, after which the report shall be set for hearing, after
court shall issue an order adopting, which the court shall issue an order
modifying, or rejecting the report in adopting, modifying, or rejecting
whole or in part, or recommitting it the report in whole or in part, or
with instructions, or requiring the recommitting it with instructions, or
parties to present further evidence requiring the parties to present
before the commissioner or the further evidence before the
court. (11a, R33) commissioner or the court. (11a)
RULE 32
Section 12. Stipulations as to findings. Section 12. Stipulations as to findings.
— When the parties stipulate that a — When the parties stipulate that a
commissioner's findings of fact shall be commissioner's findings of fact shall be
final, only questions of law shall final, only questions of law shall
thereafter be considered. (12a, R33) thereafter be considered. (12)
Section 13. Compensation of Section 13. Compensation of
commissioner. — The court shall allow commissioner. — The court shall allow
the commissioner such reasonable the commissioner such reasonable
compensation as the circumstances of compensation as the circumstances of
the case warrant, to be taxed as costs the case warrant, to be taxed as costs
against the defeated party, or against the defeated party, or
apportioned, as justice requires. (13, apportioned, as justice
R33) requires. (13)
Note: There were no substantial amendments in the provisions of Rule 32

except for the period stated in Sections 5, 10 and 11, that was changed from ten
(10) days to ten (10) calendar days.
RULE 33
Demurrer to Evidence
RULE 33
DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence. — Section 1. Demurrer to evidence. —

After the plaintiff has completed the After the plaintiff has completed the
presentation of his evidence, the presentation of his or her evidence, the
defendant may move for dismissal on defendant may move for dismissal on
the ground that upon the facts and the the ground that upon the facts and the
law the plaintiff has shown no right to law the plaintiff has shown no right to
relief. If his motion is denied he shall relief. If his or her motion is denied he
have the right to present evidence. If or she shall have the right to present
the motion is granted but on appeal the evidence. If the motion is granted but
order of dismissal is reversed he shall on appeal the order of dismissal is
be deemed to have waived the right to reversed he or she shall be deemed to
present evidence. (1a, R35) have waived the right to present
evidence.
RULE 33
DEMURRER TO EVIDENCE
Section 2. Action on demurrer to

evidence. — A demurrer to
evidence shall be subject to the
provisions of Rule 15.
[NONE] The order denying the demurrer

to evidence shall not be subject
of an appeal or petition for
certiorari, prohibition or
mandamus before judgment (n)
RULE 33
Section 2
• Demurrer to evidence is treated as litigious
motion. Thus, the procedure in Rule 15 on
litigious motion shall apply.
• The order denying the demurrer to

evidence shall not be subject of an appeal
or petition for certiorari, prohibition or
mandamus before judgment.
RULE 34
JUDGMENT ON THE
PLEADINGS
RULE 34
JUDGMENT ON THE PLEADINGS
Section 1. Judgment on the Section 1. Judgment on the

pleadings. — Where an answer fails pleadings. — Where an answer fails
to tender an issue, or otherwise to tender an issue, or otherwise
admits the material allegations of the admits the material allegations of the
adverse party's pleading, the court adverse party's pleading, the court
may; on motion of that party, direct may; on motion of that party, direct
judgment on such pleading. judgment on such pleading.
However, in actions for declaration of However, in actions for declaration of
nullity or annulment of marriage or nullity or annulment of marriage or
for legal separation, the material for legal separation, the material
facts alleged in the complaint shall facts alleged in the complaint shall
always be proved. (1a, R19) always be proved. (1a, R19)
RULE 34
JUDGMENT ON THE PLEADINGS
Section 2. Action on motion for
judgment on the pleadings. — The court
may motu propio or on motion render
judgment on the pleadings if it
apparent that the answer fails to
tender an issue, or otherwise admits
the material allegations of the adverse
party’s pleadings. Otherwise, the
[NONE]
motion shall be subject to the
provisions of Rule 15 of these Rules.
Any action of the court on a motion

for judgment on the pleadings shall
not be subject of an appeal or petition
for certiorari, prohibition or
mandamus (n)
RULE 34
Section 2
• The new Rules allows the court to motu
propio render judgment on the pleadings if
it apparent that the answer fails to tender
an issue, or otherwise admits the material
allegations of the adverse party’s
pleadings.
• If it is by motion from the party, then the
procedure in Rule 15 shall apply.
RULE 35
SUMMARYJUDGMENTS
RULE 35
SUMMARY JUDGMENT
Section 1. Summary judgment for Section 1. Summary judgment for

claimant. — A party seeking to claimant. — A party seeking to
recover upon a claim, recover upon a claim,
counterclaim, or cross-claim or to counterclaim, or cross-claim or to
obtain a declaratory relief may, at obtain a declaratory relief may, at
any time after the pleading in any time after the pleading in
answer thereto has been served, answer thereto has been served,
move with supporting affidavits, move with supporting affidavits,
depositions or admissions for a depositions or admissions for a
summary judgment in his favor summary judgment in his or her
upon all or any part thereof. (1a, favor upon all or any part thereof.
R34)
RULE 35
SUMMARY JUDGMENT
Section 2. Summary judgment Section 2. Summary judgment

for defending party. — A party for defending party. — A party
against whom a claim, against whom a claim,
counterclaim, or cross-claim is counterclaim, or cross-claim is
asserted or a declaratory relief asserted or a declaratory relief
is sought may, at any time, 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 summary judgment in his or her
as to all or any part thereof. (2a, favor as to all or any part
R34) thereof.
RULE 35
SUMMARY JUDGMENT
Section 3. Motion and proceedings Section 3. Motion and proceedings

thereon. — The motion shall be served at thereon. — The motion shall cite the
least ten (10) days before the time specified supporting affidavits, depositions or
for the hearing. The adverse party may admissions, and the specific law relied
serve opposing affidavits, depositions, or upon. The adverse party may file a
admissions at least three (3) days before comment and serve opposing affidavits,
the hearing. After the hearing, the judgment depositions, or admissions within a non-
sought shall be rendered forthwith if the extendible period of five (5) calendar
pleadings, supporting affidavits, days from receipt of the motion. Unless
depositions, and admissions on file, show the court orders the conduct of a
that, except as to the amount of damages, hearing, judgment sought shall be rendered
there is no genuine issue as to any material forthwith if the pleadings, supporting
fact and that the moving party is entitled to affidavits, depositions, and admissions on
a judgment as a matter of law. (3a, R34) file, show that, except as to the amount of
damages, there is no genuine issue as to
any material fact and that the moving
RULE 35
SUMMARY JUDGMENT
party is entitled to a judgment as a

matter of law.
Any action of the court on a motion

for summary judgment shall not be
subject of appeal or petition for
certiorari, prohibition or mandamus.
RULE 35
Section 3
• The new Rules specifies that the motion for
summary judgment must be accompanied by
supporting affidavits, depositions or
admissions, and the specific law relied upon.
• The adverse party may file a comment and
serve opposing affidavits, depositions, or
admissions within a non-extendible period of
five (5) calendar days from receipt of the
motion.
• Hearing is optional to the court
RULE 35
Section 3
• Any action of the court on a motion for

summary judgment shall not be subject of
appeal or petition for certiorari, prohibition
or mandamus.
RULE 35
SUMMARY JUDGMENT
Section 4. Case not fully adjudicated on Section 4. Case not fully adjudicated on
motion. — If on motion under this Rule, motion. — If on motion under this Rule,
judgment is not rendered upon the whole judgment is not rendered upon the whole
case or for all the reliefs sought and a trial case or for all the reliefs sought and a trial
is necessary, the court at the hearing of the is necessary, the court may, by examining
motion, by examining the pleadings and the the pleadings and the evidence before it
evidence before it and by interrogating and by interrogating counsel shall ascertain
counsel shall ascertain what material facts what material facts exist without substantial
exist without substantial controversy and controversy, including the extent to which
what are actually and in good faith the amount of damages or other relief is
controverted. It shall thereupon make an not in controversy, and directing such
order specifying the facts that appear further proceedings in the action as are
without substantial controversy, including just. The facts so ascertained shall be
the extent to which the amount of damages deemed established, and the trial shall be
or other relief is not in controversy, and conducted on the controverted facts
directing such further proceedings in the accordingly.
action as are just.
RULE 35
SUMMARY JUDGMENT
The facts so specified shall be deemed

established, and the trial shall be
conducted on the controverted facts
accordingly. (4a, R34)
RULE 35
SUMMARY JUDGMENT
Section 5. Form of affidavits and Section 5. Form of affidavits and

supporting papers. — Supporting supporting papers. — Supporting
and opposing affidavits shall be and opposing affidavits shall be
made on personal knowledge, shall made on personal knowledge, shall
set forth such facts as would be set forth such facts as would be
admissible in evidence, and shall admissible in evidence, and shall
show affirmatively that the affiant is show affirmatively that the affiant is
competent to testify to the matters competent to testify to the matters
stated therein. Certified true copies stated therein. Certified true copies
of all papers or parts thereof referred of all papers or parts thereof referred
to in the affidavit shall be attached to in the affidavit shall be attached
thereto or served therewith. (5a, thereto or served therewith. (5a,
R34) R34)
RULE 35
SUMMARY JUDGMENT
Section 6. Affidavits in bad faith. — Section 6. Affidavits in bad faith. —

Should it appear to its satisfaction at Should it appear to its satisfaction at
any time that any of the affidavits any time that any of the affidavits
presented pursuant to this Rule are presented pursuant to this Rule are
presented in bad faith, or solely for the presented in bad faith, or solely for the
purpose of delay, the court shall purpose of delay, the court shall
forthwith order the offending party or forthwith order the offending party or
counsel to pay to the other party the counsel to pay to the other party the
amount of the reasonable expenses amount of the reasonable expenses
which the filing of the affidavits caused which the filing of the affidavits caused
him to incur including attorney's fees, it him or her to incur including attorney's
may, after hearing further adjudge the fees, it may, after hearing further
offending party or counsel guilty of adjudge the offending party or counsel
contempt. (6a, R34) guilty of contempt. (6a, R34)

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MATRIX OF AMENDMENTS

INTRODUCED TO 1997 RULES

JUDGE GENER M. GITO, LL.M., D.C.L.

Section 1 Pleadings defined. - Section 1 Pleadings defined. -

Section 2 Pleadings allowed. - The Section 2 Pleadings allowed. - The

Section 4 Answer. - An answer Section 4 Answer. - An answer

Section 5 Defenses. — Defenses Section 5 Defenses. — Defenses

(a) A negative defense is the (a) A negative defense is the

Section 6 Counterclaim. — A Section 6 Counterclaim. — A

Section 8 Cross-claim. — A cross- Section 8 Cross-claim. - A cross-

Section 9 Counter- Section 9 Counter-

A cross-claim may also be filed A cross-claim may also be filed

If the plaintiff wishes to interpose A reply is a pleading, the office or

Section 11 Third, (fourth, etc.)— Section 11 Third, (fourth, etc.)-party

• Trial courts are not especially enjoined

Section 12 Bringing new parties. — Section 12 Bringing new parties. —

Section 13 Answer to third (fourth, Section 13 Answer to third (fourth,

• The lawyer may receive sanctions from

a. The allegations in the pleading

b. The pleading is not filed to

c. The factual allegations therein

A pleading required to be verified

• The requirement that proof of authority

 B) The pleading is not filed to harass, cause

 C) The factual allegations therein have evidentiary

• This is an improvement of the old Rule.

• Consistent with Section 4, Rule 7,

Section 6 Contents. — Every

Section 1 In general. — Every Section 1 In general. — Every

Section 2 Alternative causes of Section 2 Alternative causes of

Section 3 Conditions precedent. — Section 3 Conditions precedent. —

Section 5 Fraud, mistake, condition Section 5 Fraud, mistake, condition

Section 6 Judgment. — In pleading Section 6 Judgment. — In pleading

Section 7 Action or defense based Section 7 Action or defense based

Section 9 Official document or Section 9 Official document or

Section 11 Allegations not Section 11 Allegations not

(c) The court shall motu proprio

(e) Affirmative defenses, if denied, shall

• 1) That the court has no jurisdiction over the

• Failure to raise the affirmative

• The court shall motu proprio resolve the

• With respect to affirmative defenses

• Affirmative defenses, if denied, shall not

Section 1 Defenses and objections Section 1 Defenses and objections

Section 2 Compulsory Section 2 Compulsory

Section 3 Default; declaration of. — If Section 3 Default; declaration of. — If

Section 1. Amendments in general. Section 1. Amendments in general.

Section 2. Amendments as a Section 2. Amendments as a

Section 4. Formal Section 4. Formal

Section 5. Amendment to conform to Section 5. No amendment necessary

is objected to at the trial on the ground

• This is because the new issues shall be

Section 6. Supplemental pleadings. Section 6. Supplemental pleadings.

Section 7. Filing of amended Section 7. Filing of amended

Section 8. Effect of amended Section 8. Effect of amended

Section 1. Answer to the complaint. — Section 1. Answer to the complaint. —

Section 2. Answer of a defendant Section 2. Answer of a defendant

Section 3. Answer to amended Section 3. Answer to amended

Section 4. Answer to counterclaim or Section 4. Answer to counterclaim or

Section 5. Answer to third (fourth, Section 5. Answer to third (fourth, etc.)

Section 6. Reply. — A reply may be Section 6. Reply. — A reply, if

Section 7. Answer to Section 7. Answer to

Section 8. Existing counterclaim or Section 8. Existing counterclaim or