Rule 6 To 35 - Comparative Matrix

Lecture by Dean Ma.
Soledad Deriquito-Mawis on the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure
COMPARATIVE MATRIX
1997 RULES OF CIVIL PROCEDURE A.M. No. 19-10-20-SC NOTES
1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS TO THE NOTES

1997 RULES OF CIVIL PROCEDURE
RULE 6 KINDS OF PLEADINGS
Section 1. Pleadings defined. — Pleadings are Section 1. Pleadings defined. - Pleadings are
the written statements of the respective the written statements of the respective claims and
claims and defenses of the parties submitted to defenses of the parties submitted to the court for
the court for appropriate judgment. (1a) appropriate judgment. (1)
Section 2. Pleadings allowed. — The claims of a Section 2. Pleadings allowed. - The claims
party are asserted in a complaint, counterclaim, of a party are asserted in a complaint,
cross-claim, third (fourth, etc.)-party complaint, counterclaim, cross-claim, third (fourth, etc.)-
or complaint-in-intervention. party complaint, or complaint-in-intervention.
The defenses of a party are alleged in the The defenses of a party are alleged in the
answer to the pleading asserting a claim answer to the pleading asserting a claim
against him. against him or her.
An answer may be responded to by a reply. An answer may be responded to by a reply

(n) only if the defending party attaches an
actionable document to the answer. (2a)
1
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Section 3. Complaint. — The complaint is Section 3. Complaint. - The complaint is the

the pleading alleging the plaintiff's cause or pleading alleging the plaintiff’s or claiming
causes of action. The names and residences of party’s cause or causes of action. The names and
the plaintiff and defendant must be stated in residences of the plaintiff and defendant must be
the complaint. (3a) stated in the complaint. (3a)
Section 4. Answer. — An answer is a pleading Section 4. Answer. - An answer is a pleading

in which a defending party sets forth his in which a defending party sets forth his or her
defenses. (4a) defenses. (4a)
Section 5. Defenses. — Defenses may either Section 5. Defenses. — Defenses may either
be negative or affirmative. be negative or affirmative.
(a) A negative defense is the specific (a) A negative defense is the specific denial of
denial of the material fact or facts the material fact or facts alleged in the
alleged in the pleading of the claimant pleading of the claimant essential to his or
essential to his cause or causes of her cause or causes of action.
action.
(b) An affirmative defense is an allegation of a
(b)An affirmative defense is an new matter which, while hypothetically
allegation of a new matter which, while admitting the material allegations in the
hypothetically admitting the material pleading of the claimant, would nevertheless
allegations in the pleading of the prevent or bar recovery by him or her. The
claimant, would nevertheless prevent affirmative defenses
or bar recovery by him. The affirmative
defenses include fraud, statute of
limitations, release,
payment, illegality, statute of frauds,
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estoppel, former recovery, discharge in include fraud, statute of limitations,

bankruptcy, and any other matter by release, payment, illegality, statute of
way of confession and avoidance. frauds, estoppel, former recovery,
(5a) discharge in bankruptcy, and any other
matter by way of confession and
avoidance.
Affirmative defenses may also include grounds

for the dismissal of a complaint, specifically, that
the court has no jurisdiction over the subject
matter, that there is another action pending
between the same parties for the same cause,
or that the action is barred by a prior
judgment. (5a)
Section 6. Counterclaim. — A counterclaim is Section 6. Counterclaim. — A

any claim which a defending party may have counterclaim is any claim which a defending
against an opposing party. (6a) party may have against an opposing party. (6)
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
arises out of or is connected with the out of or is connected with the transaction or
transaction or occurrence constituting the occurrence constituting the subject matter of the
subject matter of the opposing party's claim and opposing party's claim and does not require for
does not require for its adjudication the its adjudication the presence of third parties of
presence of third parties of whom the court whom the court
cannot acquire jurisdiction. Such a
counterclaim must be within the jurisdiction of the
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court both as to the amount and the nature cannot acquire jurisdiction. Such a counterclaim
thereof, except that in an original action before must be within the jurisdiction of the court both as
the Regional Trial Court, the counter-claim to the amount and the nature thereof, except that
may be considered compulsory regardless of the in an original action before the Regional Trial
amount. (n) Court, the counterclaim may be considered
compulsory regardless of the amount. A
compulsory counterclaim not raised in the
same action is barred, unless otherwise allowed
by these Rules. (7a)
Section 8. Cross-claim. — A cross-claim is Section 8. Cross-claim. - A cross-claim is

any claim by one party against a co-party any claim by one party against a co-party arising
arising out of the transaction or occurrence out of the transaction or occurrence that is the
that is the subject matter either of the subject matter either of the original action or of a
original action or of a counterclaim therein. counterclaim therein. Such cross-claim may
Such cross-claim may include a claim that cover all or part of the original claim. (8a)
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. (7)
Section 9. Counter-counterclaims and counter- Section 9. Counter-counterclaims and

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

original cross-claimant. (n)
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A cross-claim may also be filed against an

original cross-claimant. (9)
15 DAYS TO FILE A REPLY

Section 10. Reply. — A reply is a pleading, Section 10. Reply. — All new matters
the office or function of which is to deny, or alleged in the answer are deemed controverted.
allege facts in denial or avoidance of new If the plaintiff wishes to interpose any claims
matters alleged by way of defense in the arising out of the new matters so alleged, such
answer and thereby join or make issue as to claims shall be set forth in an amended or
such new matters. If a party does not file such supplemental complaint. However, the plaintiff
reply, all the new matters alleged in the may file a reply only if the defending party
answer are deemed controverted. attaches an actionable document to his or her
answer.
If the plaintiff wishes to interpose any
claims arising out of the new matters so A reply is a pleading, the office or function of
alleged, such claims shall be set forth in an which is to deny, or allege facts in denial or
amended or supplemental complaint. (11) avoidance of new matters alleged in, or relating
to, said actionable document.
In the event of an actionable document attached

to the reply, the defendant may file a rejoinder if
the same is based solely on an actionable
document. (10a)
Section 11. Third, (fourth, etc.)—party complaint. Section 11. Third, (fourth, etc.)-party
— A third (fourth, etc.) — party complaint complaint. — A third (fourth, etc.)-party
is a claim that a defending party may, with complaint is a claim that a defending party may,
leave of court, file against a person not a with leave of court, file against a person
party to the action, called the third (fourth, not a party to the action, called the third
etc.) — party
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defendant for contribution, indemnity, subrogation (fourth, etc.)-party defendant for contribution,
or any other relief, in respect of his opponent's indemnity, subrogation or any other relief, in
claim. (12a) respect of his or her opponent's claim.
The third (fourth, etc.)-party complaint shall

be denied admission, and the court shall
require the defendant to institute a separate
action, where: (a) the third (fourth, etc.) party
defendant cannot be located within thirty (30)
calendar days from the grant of such leave; (b)
matters extraneous to the issue in the principal
case are raised; or (c) the effect would be to
introduce a new and separate controversy into
the action. (11a)
Section 12. Bringing new parties. — When the Section 12. Bringing new parties. — When
presence of parties other than those to the the presence of parties other than those to the
original action is required for the granting of original action is required for the granting of
complete relief in the determination of a complete relief in the determination of a
counterclaim or cross-claim, the court shall counterclaim or cross-claim, the court shall order
order them to be brought in as defendants, if them to be brought in as defendants, if
jurisdiction over them can be obtained. (14) jurisdiction over them can be obtained. (12)
Section 13. Answer to third (fourth, etc.)—party Section 13. Answer to third (fourth, etc.)-
complaint. — A third (fourth, etc.) — party party complaint. — A third (fourth, etc.)party
defendant may allege in his answer his defendant may allege in his or her answer his
defenses,
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counterclaims or cross-claims, including such or her defenses, counterclaims or cross- claims,

defenses that the third (fourth, etc.) — party including such defenses that the third (fourth,
plaintiff may have against the original etc.)-party plaintiff may have against the original
plaintiff's claim. In proper cases, he may also plaintiff's claim. In proper cases, he or she may
assert a counterclaim against the original also assert a counterclaim against the original
plaintiff in respect of the latter's claim against plaintiff in respect of the latter's claim against the
the third-party plaintiff. (n) third-party plaintiff. (13a)
RULE 7 PARTS AND CONTENTS OF A PLEADING
Section 1. Caption. — The caption sets forth Section 1. Caption. — The caption sets forth
the name of the court, the title of the action, the name of the court, the title of the action, and
and the docket number if assigned. the docket number if assigned.
The title of the action indicates the names of The title of the action indicates the names of the
the parties. They shall all be named in the parties. They shall all be named in the original
original complaint or petition; but in subsequent complaint or petition; but in subsequent
pleadings, it shall be sufficient if the name of the pleadings, it shall be sufficient if the name of the
first party on each side be stated with an first party on each side be stated with an
appropriate indication when there are other appropriate indication when there are other
parties. parties.
Their respective participation in the case shall Their respective participation in the case shall be
be indicated. (1a, 2a) indicated. (1)
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Section 2. The body. — The body of the Section 2. The body. — The body of the
pleading sets fourth its designation, the pleading sets forth its designation, the
allegations of the party's claims or defenses, allegations of the party's claims or defenses, the
the relief prayed for, and the date of the relief prayed for, and the date of the pleading.
pleading. (n)
(a) Paragraphs. — The allegations in the body
(a) Paragraphs. — The allegations in of a pleading shall be divided into
the body of a pleading shall be divided paragraphs so numbered to be readily
into paragraphs so numbered to be identified, each of which shall contain a
readily identified, each of which shall statement of a single set of circumstances so
contain a statement of a single set of far as that can be done with convenience. A
circumstances so far as that can be paragraph may be referred to by its number in
done with convenience. A paragraph all succeeding pleadings.
may be referred to by its number in all
succeeding pleadings. (3a) (b) Headings. — When two or more causes of
action are joined, the statement of the first
(b)Headings. — When two or more shall be prefaced by the words "first
causes of action are joined the cause of action,'' of the second by "second
statement of the first shall be prefaced cause of action", and so on for the others.
by the words "first cause of action,'' of
the second by "second cause of When one or more paragraphs in the answer
action", and so on for the others. are addressed to one of several causes of
action in the complaint, they shall be prefaced
When one or more paragraphs in the by the words "answer to
answer are addressed to one of the first cause of action" or "answer to the
several causes of action in the
complaint, they shall be prefaced by
the words "answer to the first cause of
action" or "answer to the second cause
of action" and so on; and when one or
more paragraphs of the
answer are addressed to several causes
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of action, they shall be prefaced by second cause of action" and so on; and when
words to that effect. (4) one or more paragraphs of the answer are
addressed to several causes of action, they
(c) Relief. — The pleading shall specify shall be prefaced by words to that effect.
the relief sought, but it may add a
general prayer for such further or other (c) Relief. — The pleading shall specify the
relief as may be deemed just or relief sought, but it may add a general
equitable. (3a, R6) prayer for such further or other relief as
may be deemed just or equitable.
(d)Date. — Every pleading shall be
dated. (n) (d) Date. — Every pleading shall be dated.
(4)
THE SIGNATURE OF THE COUNSEL

Section 3. Signature and address. — Every Section 3. Signature and address. — THAT
pleading must be signed by the party or
counsel representing him, stating in either (a) Every pleading and other written
case his address which should not be a post submissions to the court must be signed by
office box. the party or counsel representing him or her.
The signature of counsel constitutes a certificate (b) The signature of counsel constitutes a
by him that he has read the pleading; that to certificate by him or her that he or she has
the best of his knowledge, information, and read the pleading and document; that to the
belief there is good ground to support it; and best of his or her knowledge, information,
that it is not interposed for delay. and belief, formed after an
An unsigned pleading produces no legal

effect. However, the court may, in its
discretion, allow such deficiency to be
remedied if it shall appear
that the same was due to mere inadvertence
and
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not intended for delay. Counsel who deliberately inquiry reasonable under the
files an unsigned pleading, or signs a pleading circumstances:
in violation of this Rule, or alleges scandalous
or indecent matter therein, or fails promptly (1) It is not being presented for any
report to the court a change of his address, improper purpose, such as to harass,
shall be subject to appropriate disciplinary cause unnecessary delay, or needlessly
action. (5a) increase the cost of litigation;
(2) 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;
(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.
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(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. (3a)
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Section 4. Verification. — Except when Section 4. Verification. — Except when

otherwise specifically required by law or rule, otherwise specifically required by law or rule,
pleadings need not be under oath, verified or pleadings need not be under oath or verified.
accompanied by affidavit .(5a)
A pleading is verified by an affidavit of an affiant
A pleading is verified by an affidavit that the duly authorized to sign said verification. The
affiant has read the pleading and that the authorization of the affiant to act on behalf of a
allegations therein are true and correct of his party, whether in the form of a secretary’s
knowledge and belief. certificate or a special power of attorney, should
be attached to the pleading, and shall allege the
A pleading required to be verified which contains following attestations:
a verification based on "information and belief",
or upon "knowledge, information and belief", or (a) The allegations in the pleading are true and
lacks a proper verification, shall be treated as correct based on his or her personal
an unsigned pleading. (6a) 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 or, if specifically so
identified, will likewise have evidentiary
support after a reasonable opportunity for
discovery.
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The signature of the affiant shall further serve as a

certification of the truthfulness of the allegations
in the pleading.
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. (4a)
Section 5. Certification against forum shopping. Section 5. Certification against forum

— The plaintiff or principal party shall certify shopping. — The plaintiff or principal party shall
under oath in the complaint or other initiatory certify under oath in the complaint or other
pleading asserting a claim for relief, or in a initiatory pleading asserting a claim for relief, or
sworn certification annexed thereto and in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has simultaneously filed therewith: (a) that he or she
not theretofore commenced any action or filed has not theretofore commenced any action or filed
any claim involving the same issues in any any claim involving the same issues in any court,
court, tribunal or quasi- judicial agency and, to tribunal or quasi-judicial agency and, to the best
the best of his knowledge, no such other of his or her knowledge, no such other action or
action or claim is pending therein; claim is pending therein; (b) if there is such other
(b) if there is such other pending action or pending action or claim, a complete statement of
claim, a complete statement of the present the present status thereof; and (c) if he or she
status thereof; and (c) if he should thereafter should thereafter learn that the same or similar
learn that the same or similar action or claim
action or claim has been filed or is pending, he or
she shall
has been filed or is pending, he shall report
report that fact within five (5) calendar days
that fact within five (5) days therefrom to the
court wherein his aforesaid complaint or
initiatory pleading has been filed.
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Failure to comply with the foregoing therefrom to the court wherein his or her
requirements shall not be curable by mere aforesaid complaint or initiatory pleading has
amendment of the complaint or other initiatory been filed.
pleading but shall be cause for the dismissal
of the case without prejudice, unless otherwise The authorization of the affiant to act on behalf
provided, upon motion and after hearing. The of a party, whether in the form of a secretary’s
submission of a false certification or non- certificate or a special power of attorney, should
compliance with any of the undertakings be attached to the pleading.
therein shall constitute indirect contempt of
Failure to comply with the foregoing
court, without prejudice to the corresponding
requirements shall not be curable by mere
administrative and criminal actions. If the acts
amendment of the complaint or other initiatory
of the party or his counsel clearly constitute pleading but shall be cause for the dismissal of
willful and deliberate forum shopping, the same the case without prejudice, unless otherwise
shall be ground for summary dismissal with provided, upon motion and after hearing. The
prejudice and shall constitute direct contempt, submission of a false certification or non-
as well as a cause for administrative sanctions. compliance with any of the undertakings therein
(n) shall constitute indirect contempt of court,
without prejudice to the corresponding
administrative and criminal actions. If the acts of
the party or his or her counsel clearly constitute
willful and deliberate forum shopping, the same
shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as
well as a cause for administrative sanctions. (5a)
Section 6. Contents. — Every pleading

stating a party’s claims or defenses shall, in
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addition to those mandated by Section 2,

Rule 7, state the following:
a) Names of witnesses who will be

presented to prove a party’s claim or
defense;
b) Summary of the witnesses’ intended
testimonies, provided that the judicial
affidavits of said witnesses shall be attached
to the pleading and form an integral part
thereof. Only witnesses whose judicial
affidavits are attached to the pleading shall be
presented by the parties during trial. Except if
a party presents meritorious reasons as basis
for the admission of additional witnesses, no
other witness or affidavit shall be heard or
admitted by the court; and
c) Documentary and object evidence in support
of the allegations contained in the pleading.
(n)
RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1. In general. — Every pleading Section 1. In general. — Every pleading shall

shall contain in a methodical and logical form, contain in a methodical and logical form, a plain,
a plain, concise and direct statement of the concise and direct statement of the
ultimate facts
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on which the party pleading relies for his claim ultimate facts, including the evidence on which
or defense, as the case may be, omitting the the party pleading relies for his or her claim or
statement of mere evidentiary facts. (1) defense, as the case may be.
If a defense relied on is based on law, the If a cause of action or defense relied on is based
pertinent provisions thereof and their applicability on law, the pertinent provisions thereof and their
to him shall be clearly and concisely stated. applicability to him or her shall be clearly and
(n) concisely stated. (1a)
Section 2. Alternative causes of action or Section 2. Alternative causes of action or

defenses. — A party may set forth two or more defenses. — A party may set forth two or more
statements of a claim or defense alternatively or statements of a claim or defense alternatively or
hypothetically, either in one cause of action hypothetically, either in one cause of action or
or defense or in separate causes of action or defense or in separate causes of action or
defenses. When two or more statements are defenses. When two or more statements are made
made in the alternative and one of them if in the alternative and one of them if made
made independently would be sufficient, the independently would be sufficient, the pleading is
pleading is not made insufficient by the not made insufficient by the insufficiency of one
insufficiency of one or more of the alternative or more of the alternative statements. (2)
statements. (2)
Section 3. Conditions precedent. — In any Section 3. Conditions precedent. — In any

pleading a general averment of the pleading, a general averment of the
performance or occurrence of all conditions performance or occurrence of all conditions
precedent shall be sufficient. (3) precedent shall be sufficient. (3)
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Section 4. Capacity. — Facts showing the Section 4. Capacity. — Facts showing the
capacity of a party to sue or be sued or the capacity of a party to sue or be sued or the
authority of a party to sue or be sued in a authority of a party to sue or be sued in a
representative capacity or the legal existence of representative capacity or the legal existence of an
an organized association of person that is made organized association of persons that is made a
a party, must be averred. A party desiring to party, must be averred. A party desiring to raise
raise an issue as to the legal existence of any an issue as to the legal existence of any party or
party or the capacity of any party to sue or be the capacity of any party to sue or be sued in a
sued in a representative capacity, shall do so representative capacity, shall do so by specific
by specific denial, which shall include such denial, which shall include such supporting
supporting particulars as are peculiarly within particulars as are peculiarly within the pleader’s
the pleader's knowledge. (4) knowledge. (4)
Section 5. Fraud, mistake, condition of the mind. Section 5. Fraud, mistake, condition of the
— In all averments of fraud or mistake the mind. — In all averments of fraud or mistake, the
circumstances constituting fraud or mistake circumstances constituting fraud or mistake must
must be stated with particularity. Malice, be stated with particularity.
intent, knowledge, or other condition of the Malice, intent, knowledge, or other condition of
mind of a person may be averred generally. the mind of a person may be averred generally.
(5a) (5)
Section 6. Judgment. — In pleading a Section 6. Judgment. — In pleading a

judgment or decision of a domestic or foreign judgment or decision of a domestic or foreign
court, judicial or quasi-judicial tribunal, or of a court, judicial or quasi-judicial tribunal, or of a
board or officer, it is sufficient to aver the board or officer, it is sufficient to aver the
judgment or decision judgment or decision without setting forth
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without setting forth matter showing jurisdiction to matter showing jurisdiction to render it. An
render it. (6) authenticated copy of the judgment or
decision shall be attached to the pleading. (6a)
Section 7. Action or defense based on document. Section 7. Action or defense based on

— Whenever an action or defense is based document. - Whenever an action or defense is
upon a written instrument or document, the based upon a written instrument or document, the
substance of such instrument or document substance of such instrument or document shall be
shall be set forth in the pleading, and the set forth in the pleading, and the original or a copy
original or a copy thereof shall be attached to thereof shall be attached to the pleading as an
the pleading as an exhibit, which shall be exhibit, which shall be deemed to be a part of the
deemed to be a part of the pleading, or said pleading. (7a)
copy may with like effect be set forth in the
pleading. (7)
Section 8. How to contest such documents. — Section 8. How to contest such documents. -
When an action or defense is founded upon When an action or defense is founded upon a
a written instrument, copied in or attached to written instrument, or attached to the
the corresponding pleading as provided in corresponding pleading as provided in the
the preceding section, the genuineness and preceding section, the genuineness and due
due execution of the instrument shall be execution of the instrument shall be deemed
deemed admitted unless the adverse party, admitted unless the adverse party, under oath
under oath specifically denies them, and sets specifically denies them, and sets forth what he or
forth what he claims to be the facts, but the she claims to be the facts; but the requirement of
requirement of an oath does not apply when an oath does not apply when the adverse party
the adverse party does not appear to be a does not appear to be a
party to the instrument or when party to the instrument or when compliance
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compliance with an order for an inspection of with an order for an inspection of the original
the original instrument is refused. (8a) instrument is refused. (8a)
Section 9. Official document or act. — In Section 9. Official document or act.- In

pleading an official document or official act, it is pleading an official document or official act, it is
sufficient to aver that the document was issued sufficient to aver that the document was issued or
or the act done in compliance with law. (9) the act was done in compliance with law. (9)
Section 10. Specific denial. — A defendant must Section 10. Specific denial. — A defendant
specify each material allegation of fact the truth must specify each material allegation of fact the
of which he does not admit and, whenever truth of which he or she does not admit and,
practicable, shall set forth the substance of whenever practicable, shall set forth the
the matters upon which he relies to support his substance of the matters upon which he or she
denial. Where a defendant desires to deny relies to support his or her denial. Where a
only a part of an averment, he shall specify so defendant desires to deny only a part of an
much of it as is true and material and shall averment, he or she shall specify so much of it as
deny only the remainder. Where a defendant is true and material and shall deny only the
is without knowledge or information sufficient to remainder. Where a defendant is without
form a belief as to the truth of a material knowledge or information sufficient to form a
averment made to the complaint, he shall so belief as to the truth of a material averment made
state, and this shall have the effect of a to the complaint, he or she shall so state, and this
denial. (10a)
shall have the effect of a denial. (10a)
Section 11. Allegations not specifically denied Section 11. Allegations not
deemed admitted. — Material averment in specifically denied deemed admitted. —
the Material
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complaint, other than those as to the amount averments in a pleading asserting a claim or
of unliquidated damages, shall be deemed claims, other than those as to the amount of
admitted when not specifically denied. unliquidated damages, shall be deemed admitted
Allegations of usury in a complaint to recover when not specifically denied. (11a)
usurious interest are deemed admitted if not
denied under oath. (1a, R9)
Section 12. Striking out of pleading or matter Section 12. Affirmative defenses. —
contained therein. — Upon motion made by a
party before responding to a pleading or, if (a)A defendant shall raise his or her affirmative
no responsive pleading is permitted by these defenses in his or her answer, which shall be
Rules, upon motion made by a party within limited to the reasons set forth under Section
twenty (20) days after the service of the 5(b), Rule 6, and the following grounds:
pleading upon him, or upon the court's own 1. That the court has no jurisdiction over
initiative at any time, the court may order any the person of the defending party;
pleading to be stricken out or that any sham or 2. That venue is improperly laid;
false, redundant, immaterial, impertinent, or 3. That the plaintiff has no legal capacity to
scandalous matter be stricken out therefrom. sue;
(5, R9) 4. That the pleading asserting the claim
states no cause of action; and
5. That a condition precedent for filing the
claim has not been complied with.
(b)Failure to raise the affirmative defenses at the

earliest opportunity shall constitute a waiver
thereof.
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(c) The court shall motu proprio resolve the

above affirmative defenses within thirty (30)
calendar days from the filing of the answer.
(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 on appeal after a judgment on the
merits. (n)
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
COMPARATIVE MATRIX
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. (12a)
RULE 9 EFFECT OF FAILURE TO PLEAD
Section 1. Defenses and objections not pleaded. Section 1. Defenses and objections not
— Defenses and objections not pleaded either pleaded. — Defenses and objections not pleaded
in a motion to dismiss or in the answer are either in a motion to dismiss or in the answer are
deemed waived. However, when it appears deemed waived. However, when it appears from
from the pleadings or the evidence on record the pleadings or the evidence on record that the
that the court has no jurisdiction over the court has no jurisdiction over the subject matter,
subject matter, that there is another action that there is another action pending between the
pending between the same parties for the same same parties for the same cause, or that the action
cause, or that the action is barred by a prior is barred by a prior judgment or by statute of
judgment or by statute of limitations, the court limitations, the court shall dismiss the claim. (1)
shall dismiss the claim. (2a)
Section 2. Compulsory counterclaim, or cross- Section 2. Compulsory counterclaim, or

claim, not set up barred. — A compulsory cross-claim, not set up barred. — A
counterclaim, or a cross-claim, not set up shall compulsory counterclaim, or a cross-claim, not
be barred. (4a) set up shall be barred. (2)
COMPARATIVE MATRIX
Section 3. Default; declaration of. — If the Section 3. Default; Declaration of. — If the
defending party fails to answer within the defending party fails to answer within the time
time allowed therefor, the court shall, upon allowed therefor, the court shall, upon motion of
motion of the claiming party with notice to the claiming party with notice to the defending
the defending party, and proof of such party, and proof of such failure, declare the
failure, declare the defending party in defending party in default.
default. Thereupon, the court shall proceed to Thereupon, the court shall proceed to render
render judgment granting the claimant such judgment granting the claimant such relief as his
relief as his pleading may warrant, unless the or her pleading may warrant, unless the court in
court in its discretion requires the claimant its discretion requires the claimant to submit
to submit evidence. Such reception of evidence. Such reception of evidence may be
evidence may be delegated to the clerk of delegated to the clerk of court.
court. (1a, R18)
(a) Effect of order of default. — A party in
default shall be entitled to notices of
(a) Effect of order of default. — A party in
subsequent proceedings but shall not take
default shall be entitled to notice of
part in the trial.
subsequent proceedings but not to take
part in the trial. (2a, R18)
(b) Relief from order of default. — A party
declared in default may at any time after
(b)Relief from order of default. — A party
declared in default may at any time
notice thereof and before judgment, file a
after notice thereof and before
motion under oath to set aside the order of
judgment file a motion under oath to set
default upon proper showing that his or her
aside the order of default upon proper
failure to answer was due to fraud, accident,
showing that his failure to answer
mistake or excusable negligence and that he
was due to fraud, accident, mistake or
or she has a meritorious defense. In such
excusable negligence and that he has a
case, the
meritorious defense. In such case, the order of default may be set aside on such
order of default may be set aside on
such terms and conditions as the
COMPARATIVE MATRIX
judge may impose in the interest of terms and conditions as the judge may
justice. (3a, R18) impose in the interest of justice.
(c) Effect of partial default. — When a (c) Effect of partial default. — When a pleading
pleading asserting a claim states a asserting a claim states a common cause of
common cause of action against action against several defending parties, some
several defending parties, some of of whom answer and the others fail to do so,
whom answer and the others fail to do the court shall try the case against all upon the
so, the court shall try the case against answers thus filed and render judgment upon
all upon the answers thus filed and the evidence presented.
render judgment upon the evidence
presented. (4a, R18). (d) Extent of relief to be awarded. — A
judgment rendered against a party in default
(d)Extent of relief to be awarded. — A shall neither exceed the amount or be
judgment rendered against a party in different in kind from that prayed for nor
default shall not exceed the amount or award unliquidated damages.
be different in kind from that prayed
for nor award unliquidated damages. (e) Where no defaults allowed. — If the
(5a, R18). defending party in an action for annulment
or declaration of nullity of marriage or for
(e) Where no defaults allowed. — If the legal separation fails to answer, the court
defending party in an action for shall order the Solicitor General or his or her
annulment or declaration of nullity of deputized public prosecutor, to investigate
marriage or for legal separation fails to whether or not
answer, the court shall order the a collusion between the parties exists, and
prosecuting attorney to investigate if there is no collusion, to intervene
whether or not a collusion between
the parties exists, and if there is no
collusion, to intervene for the State in
order to see to it that the evidence
submitted is not fabricated. (6a,
R18)
COMPARATIVE MATRIX
for the State in order to see to it that the

evidence submitted is not fabricated. (3a)
RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS
Section 1. Amendments in general. — Pleadings Section 1. Amendments in general. —

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

party may amend his pleading once as a matter — A party may amend his pleading once as a
of right at any time before a responsive matter of right at any time before a responsive
pleading is served or, in the case of a reply, at pleading is served or, in the case of a reply, at any
any time within ten (10) days after it is time within ten (10) calendar days after it is
served. (2a) served. (2a)
Section 3. Amendments by leave of court. — Section 3. Amendments by leave of court. —

Except as provided in the next preceding Except as provided in the next preceding Section,
section, substantial amendments may be made substantial amendments may be
only upon
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leave of court. But such leave may be made only upon leave of court. But such leave
refused if it appears to the court that the shall be refused if it appears to the court that the
motion was made with intent to delay. Orders motion was made with intent to delay or confer
of the court upon the matters provided in this jurisdiction on the court, or the pleading stated no
section shall be made upon motion filed in cause of action from the beginning which could be
court, and after notice to the adverse party, amended. Orders of the court upon the matters
and an opportunity to be heard. (3a) 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)
Section 4. Formal amendments. — A defect in Section 4. Formal amendments. — A defect in

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

presentation of evidence. — When issues not conform to or authorize presentation of
raised by the pleadings are tried with the evidence. — When issues not raised by the
express or implied consent of the parties pleadings are tried with the express or implied
they shall be treated in all respects as if they consent of the parties, they shall be treated in all
had been raised in the pleadings. Such respects as if they had been raised in the
amendment of the pleadings as may be pleadings. No amendment of such pleadings
necessary to cause them to conform to the
evidence and to raise these issues may be
made upon motion of any party at any time,
even
COMPARATIVE MATRIX
after judgment; but failure to amend does not deemed amended is necessary to cause them
effect the result of the trial of these issues. If to conform to the evidence. (5a)
evidence is objected to at the trial on the
ground that it is not within the issues made by
the pleadings, the court may allow the pleadings
to be amended and shall do so with liberality if
the presentation of the merits of the 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)
Section 6. Supplemental pleadings. — Upon Section 6. Supplemental pleadings. — Upon

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

any pleading is amended, a new copy of the When any pleading is amended, a new copy of
entire pleading, incorporating the amendments, the entire pleading, incorporating the
which
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shall be indicated by appropriate marks, shall amendments, which shall be indicated by

be filed. (7a) appropriate marks, shall be filed. (7)
Section 8. Effect of amended pleadings. — An Section 8. Effect of amended pleadings. —

amended pleading supersedes the pleading that An amended pleading supersedes the pleading that
it amends. However, admissions in superseded it amends. However, admissions in superseded
pleadings may be received in evidence against pleadings may be offered in evidence against the
the pleader, and claims or defenses alleged pleader, and claims or defenses alleged therein not
therein not incorporated in the amended incorporated in the amended pleading shall be
pleading shall be deemed waived. (n) deemed waived. (8a)
RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS
Section 1. Answer to the complaint. — The Section 1. Answer to the complaint. — The
defendant shall file his answer to the defendant shall file his or her answer to the
complaint within fifteen (15) days after service complaint within thirty (30) calendar days after
of summons, unless a different period is fixed service of summons, unless a different period is
by the court. (la) fixed by the court. (1a)
Section 2. Answer of a defendant foreign private Section 2. Answer of a defendant foreign

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

When the plaintiff files an amended complaint as When the plaintiff files an amended complaint as
a matter of right, the defendant shall answer a matter of right, the defendant shall answer the
the same within fifteen (15) days after being same within thirty (30) calendar days after being
served with a copy thereof. served with a copy thereof.
Where its filing is not a matter of right, the Where its filing is not a matter of right, the
defendant shall answer the amended defendant shall answer the amended complaint
complaint within ten (l0) days from notice of within fifteen (15) calendar days from notice of
the order admitting the same. An answer the order admitting the same. An answer earlier
earlier filed may serve as the answer to the filed may serve as the answer to the amended
amended complaint if no new answer is filed. complaint if no new answer is filed.
This Rule shall apply to the answer to an This Rule shall apply to the answer to an amended
amended counterclaim, amended cross-claim, counterclaim, amended crossclaim, amended third
amended third (fourth, etc.)—party complaint,
(fourth, etc.)-party complaint, and amended
complaint-inintervention. (3a)
and amended complaint-in-intervention. (3a)
Section 4. Answer to counterclaim or cross-claim. Section 4. Answer to counterclaim or cross-

— A counterclaim or cross-claim must be claim. — A counterclaim or cross-claim must be
answered within ten (10) days from service. answered within twenty (20) calendar days from
(4) service. (4a)
COMPARATIVE MATRIX
Section 5. Answer to third (fourth, etc.)-party Section 5. Answer to third (fourth, etc.)-party
complaint. — The time to answer a third complaint. — The time to answer a third (fourth,
(fourth, etc.)—party complaint shall be etc.)-party complaint shall be governed by the
governed by the same rule as the answer to same rule as the answer to the complaint. (5)
the complaint. (5a)
Section 6. Reply. — A reply may be filed Section 6. Reply. — A reply, if allowed

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

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

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

after answer. — A counterclaim or a cross- arising after answer. — A counterclaim or a
claim which either matured or was acquired cross-claim which either matured or was
by a party after serving his pleading may, with acquired by a party after serving his or her
the permission of the court, be presented as a pleading may, with the permission of the court,
counterclaim or a cross-claim by supplemental be presented as a counterclaim or a cross-claim
pleading before judgment. (9, R6) by supplemental pleading before judgment. (9a)
Section 10. Omitted counterclaim or cross-claim. Section 10. Omitted counterclaim or cross-
— When a pleader fails to set up a claim. — When a pleader fails to set up a
counterclaim or a cross-claim through counterclaim or a cross-claim through oversight,
oversight, inadvertence, or excusable neglect, inadvertence, or excusable neglect, or when
or when justice requires, he may, by leave of justice requires, he or she may, by leave of court,
court, set up the counterclaim or cross-claim by set up the counterclaim or cross-claim by
amendment before judgment. (3, R9) amendment before judgment. (10a)
Section 11. Extension of time to plead. — Section 11. Extension of time to file an
Upon motion and on such terms as may be answer. — A defendant may, for meritorious
just, the court may extend the time to plead reasons, be granted an additional period of not
provided in these Rules. more than thirty (30) calendar days to file an
answer. A defendant is only allowed to file one
The court may also, upon like terms, allow an (1) motion for extension of time to file an answer.
answer or other pleading to be filed after the
time fixed by these Rules. (7)
COMPARATIVE MATRIX
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 12 BILL OF PARTICULARS
Section 1. When applied for; purpose. — Before Section 1. When applied for; purpose. —
responding to a pleading, a party may move Before responding to a pleading, a party may
for a definite statement or for a bill of move for a definite statement or for a bill of
particulars of any matter which is not averted particulars of any matter, which is not averred
with sufficient definiteness or particularity to with sufficient definiteness or particularity, to
enable him properly to prepare his responsive enable him or her properly to prepare his or her
pleading. If the pleading is a reply, the motion responsive pleading. If the pleading is a reply, the
must be filed within ten (10) days from service motion must be filed within ten (10) calendar days
thereof. Such motion shall point out the defects from service thereof. Such motion shall point out
complained of, the paragraphs wherein they the defects complained of, the paragraphs wherein
are contained, and the details desired. (1a) they are contained, and the details desired. (1a)
Section 2. Action by the court. — Upon the Section 2. Action by the court. — Upon the
filing of the motion, the clerk of court must filing of the motion, the clerk of court must
immediately bring it to the attention of the immediately bring it to the attention of the
court which may court, which may either deny or grant it
COMPARATIVE MATRIX
either deny or grant it outright, or allow the outright, or allow the parties the opportunity to be
parties the opportunity to be heard. (n) heard. (2)
Section 3. Compliance with order. — If the Section 3. Compliance with order. — If the
motion is granted, either in whole or in part, motion is granted, either in whole or in part, the
the compliance therewith must be effected compliance therewith must be effected within ten
within ten (10) calendar days from notice of the order, unless
(10) days from notice of the order, unless a a different period is fixed by the court. The bill of
different period is fixed by the court. The bill of particulars or a more definite statement ordered
particulars or a more definite statement ordered by the court may be filed either in a separate or in
by the court may be filed either in a separate an amended pleading, serving a copy thereof on
or in an amended pleading, serving a copy the adverse party. (3a)
thereof on the adverse party. (n)
Section 4. Effect of non-compliance. — If the Section 4. Effect of non-compliance. — If the

order is not obeyed, or in case of order is not obeyed, or in case of insufficient
insufficient compliance therewith, the court compliance therewith, the court may order the
may order the striking out of the pleading or striking out of the pleading or the portions thereof
the portions thereof to which the order was to which the order was directed, or make such
directed or make such other order as it other order as it deems just. (4)
deems just. (1[c]a)
Section 5. Stay of period to file responsive Section 5. Stay of period to file responsive
pleading. — After service of the bill of pleading. — After service of the bill of
particulars or of a more definite pleading, or particulars or of a more definite pleading, or after
after notice of denial of his motion, the moving notice of denial of his or her motion, the moving
party may file his responsive pleading within party may file his or her responsive
the period to which he was entitled at the time pleading within the period to which he or she
of filing his motion, which
COMPARATIVE MATRIX
shall not be less than five (5) days in any was entitled at the time of filing his or her
event. (1[b]a) motion, which shall not be less than five (5)
calendar days in any event. (5a)
Section 6. Bill a part of pleading. — A bill of Section 6. Bill a part of pleading. — A bill
particulars becomes part of the pleading for of particulars becomes part of the pleading for
which it is intended. (1[a]a) which it is intended. (6)
RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
Section 1. Coverage. — This Rule shall Section 1. Coverage. — This Rule shall
govern the filing of all pleadings and other govern the filing of all pleadings, motions, and
papers, as well as the service thereof, except other court submissions, as well as their service,
those for which a different mode of service except those for which a different mode of service
is prescribed. (n) is prescribed. (1a)
Section 2. Filing and service, defined. — Filing Section 2. Filing and Service, defined. — Filing
is the act of presenting the pleading or other is the act of submitting the pleading or other
paper to the clerk of court. paper to the court.
Service is the act of providing a party with a Service is the act of providing a party with a
copy of the pleading or paper concerned. If copy of the pleading or any other court
any party has appeared by counsel, service submission. If a party has appeared by
upon him shall
be made upon his counsel or one of them,
unless
COMPARATIVE MATRIX
service upon the party himself is ordered by counsel, service upon such party shall be made
the court. Where one counsel appears for upon his or her counsel, unless service upon the
several parties, he shall only be entitled to party and the party’s counsel is ordered by the
one copy of any paper served upon him by the court. Where one counsel appears for several
opposite side. (2a) parties, such counsel shall only be entitled to one
copy of any paper served by the opposite side.
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)
Section 3. Manner of filing. — The filing of Section 3. Manner of filing. — The filing of
pleadings, appearances, motions, notices, pleadings and other court submissions shall be
orders, judgments and all other papers shall be made by:
made by presenting the original copies
thereof, plainly indicated as such, personally (a) Submitting personally the original thereof,
to the clerk of court or by sending them by plainly indicated as such, to the court;
registered mail. In the first case, the clerk of
court shall endorse on the pleading the date (b) Sending them by registered mail;
and hour of filing. In the second case, the
date of the mailing of motions, pleadings, or (c) Sending them by accredited courier; or
any other papers or payments or deposits, as
shown by the post office stamp on the
(d) Transmitting them by electronic mail or
envelope or the registry receipt, shall be other electronic means as may be
considered as the date of their filing, payment,
or
COMPARATIVE MATRIX
deposit in court. The envelope shall be attached authorized by the Court in places where the
to the record of the case. (1a) court is electronically equipped.
In the first case, the clerk of court shall endorse

on the pleading the date and hour of filing. In the
second and third cases, the date of the mailing of
motions, pleadings, and other court submissions,
and payments or deposits, as shown by the post
office stamp on the envelope or the registry
receipt, shall be considered as the date of their
filing, payment, or deposit in court. The envelope
shall be 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)
Section 4. Papers required to be filed and served. Section 4. Papers required to be filed and
— Every judgment, resolution, order, served. – Every judgment, resolution, order,
pleading subsequent to the complaint, pleading subsequent to the complaint, written
written motion, notice, appearance, demand, motion, notice, appearance, demand, offer of
offer of judgment or similar papers shall be judgment or similar papers shall be filed with the
filed with the court, and served upon the court, and served upon the parties affected. (4)
parties affected. (2a)
Section 5. Modes of service. — Service of Section 5. Modes of Service. — Pleadings,

pleadings motions, notices, orders, judgments motions, notices, orders, judgments, and
and other court submissions shall be served
COMPARATIVE MATRIX
other papers shall be made either personally or personally or by registered mail, accredited
by mail. (3a) 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)
Section 6. Personal service. — Service of the Section 6. Personal Service. — Court

papers may be made by delivering personally submissions may be served by personal delivery of
a copy to the party or his counsel, or by a copy to the party or to the party’s counsel, or to
leaving it in his office with his clerk or with a their authorized representative named in the
person having charge thereof. If no person is appropriate pleading or motion, or by leaving it in
found in his office, or his office is not known, his or her office with his or her clerk, or with a
or he has no office, then by leaving the copy, person having charge thereof. If no person is found
between the hours of eight in the morning and in his or her office, or his or her office is not
six in the evening, at the party's or counsel's known, or he or she has no office, then by leaving
residence, if known, with a person of sufficient the copy, between the hours of eight in the morning
age and discretion then residing therein. (4a) and six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient age
and discretion residing therein. (6a)
Section 7. Service by mail. — Service by Section 7. Service by mail. — Service by

registered mail shall be made by depositing registered mail shall be made by depositing the
the copy in the post office in a sealed copy in the post office, in a sealed envelope, plainly
envelope, plainly addressed to the party or his addressed to the party or to the party’s counsel at
counsel at his office, if known, otherwise at his or her office, if known, otherwise
his residence, if known, with postage fully at his or her residence, if known, with postage
prepaid, and with
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instructions to the postmaster to return the mail fully pre-paid, and with instructions to the
to the sender after ten (10) days if postmaster to return the mail to the sender after ten
undelivered. If no registry service is available in (l0) calendar days if undelivered. If no registry
the locality of either the senders or the service is available in the locality of either the
addressee, service may be done by ordinary sender or the addressee, service may be done by
mail. (5a; Bar Matter No. 803, 17 February ordinary mail. (7a)
1998)
Section 8. Substituted service. — If service of Section 8. Substituted service. – If service of

pleadings, motions, notices, resolutions, orders pleadings, motions, notices, resolutions, orders
and other papers cannot be made under the and other papers cannot be made under the two
two preceding sections, the office and preceding sections, the office and place of
place of residence of the party or his residence of the party or his or her counsel being
counsel being unknown, service may be unknown, service may be made by delivering the
made by delivering the copy to the clerk of copy to the clerk of court, with proof of failure of
court, with proof of failure of both personal both personal service and service by mail. The
service and service by mail. The service is service is complete at the time of such delivery.
complete at the time of such delivery. (6a) (8a)
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 party’s or counsel’s
electronic mail address, or through other
electronic means of transmission as the
COMPARATIVE MATRIX
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. (n)
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 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)
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.
COMPARATIVE MATRIX
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)
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
document title. The title of each electronically-
filed or served pleading or other document, and
each submission served by facsimile shall contain
sufficient information to enable the court to
ascertain from the title: (a) the party or parties
filing or serving the paper, (b) nature of the paper,
(c) the party or parties against whom relief, if any,
is sought, and (d) the nature of the relief sought.
(n)
Section 9. Service of judgments, final orders, or Section 13. Service of Judgments, Final
resolutions. — Judgments, final orders or Orders or Resolutions. — Judgments, final
resolutions shall be served either personally or orders, or resolutions shall be served either
by registered mail. When a party personally or by registered mail. Upon ex parte
summoned by publication has failed to motion of any party in the case, a copy of the
appear in the action, judgments, final orders judgment, final order, or resolution may
or resolutions against him be delivered by accredited courier at the
COMPARATIVE MATRIX
shall be served upon him also by publication at expense of such party. When a party summoned by
the expense of the prevailing party. (7a) 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)
Section 14. Conventional service or filing of

orders, pleadings and other documents. –
Notwithstanding the foregoing, the following
orders, pleadings, and 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:
(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
COMPARATIVE MATRIX
Sealed and confidential documents or records. (n)
Section 10. Completeness of service. — Section 15. Completeness of service. —

Personal service is complete upon actual Personal service is complete upon actual delivery.
delivery. Service by ordinary mail is complete Service by ordinary mail is complete upon the
upon the expiration of ten (10) days after expiration of ten (10) calendar days after mailing,
mailing, unless the court otherwise provides. unless the court otherwise provides. Service by
Service by registered mail is complete upon registered mail is complete upon actual receipt by
actual receipt by the addressee, or after five (5) the addressee, or after five (5) calendar days from
days from the date he received the first notice the date he or she received the first notice of the
of the postmaster, whichever date is earlier. postmaster, whichever date is earlier. Service by
(8a) 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.
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.
COMPARATIVE MATRIX
Service by facsimile transmission is complete upon

receipt by the other party, as indicated in the
facsimile transmission printout. (10a)
Section 12. Proof of filing. — The filing of a Section 16. Proof of filing. — The filing of a
pleading or paper shall be proved by its pleading or any other court submission shall be
existence in the record of the case. If it is not proved by its existence in the record of the case.
in the record, but is claimed to have been
filed personally, the filing shall be proved by (a) If the pleading or any other court
the written or stamped acknowledgment of its submission is not in the record, but is
filing by the clerk of court on a copy of the claimed to have been filed personally, the
same; if filed by registered mail, by the filing shall be proven by the written or
registry receipt and by the affidavit of the stamped acknowledgment of its filing by
person who did the mailing, containing a full the clerk of court on a copy of the pleading
statement of the date and place of depositing or court submission;
the mail in the post office in a sealed
envelope addressed to the court, with postage (b) If the pleading or any other court
fully prepaid, and with instructions to the submission was filed by registered mail, the
postmaster to return the mail to the sender filing shall be proven by the registry receipt
after ten (10) days if not delivered. (n) 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
COMPARATIVE MATRIX
return the mail to the sender after ten

(10) calendar days if not delivered.
(c) If the pleading or any other court

submission was filed through an
accredited courier service, the filing shall
be proven by an affidavit of service of the
person who brought the pleading or other
document to the service provider,
together with the courier’s official receipt
and document tracking number.
(d) If the pleading or any other court

submission was filed by electronic mail, the
same shall be proven by an affidavit of
electronic filing of the filing party
accompanied by a paper copy of the
pleading or other 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 the pleading or any other court submission

was filed through other authorized electronic
means, the same shall be proven by an
COMPARATIVE MATRIX
affidavit of electronic filing of the filing party

accompanied by a copy of the electronic
acknowledgment of its filing by the court. (12a)
Section 13. Proof of Service. — Proof of Section 17. Proof of service. –— Proof of
personal service shall consist of a written personal service shall consist of a written
admission of the party served, or the official admission of the party served, or the official
return of the server, or the affidavit of the party return of the server, or the affidavit of the party
serving, containing a full statement of the serving, containing a statement of the date,
date, place and manner of service. If the place, and manner of service. If the service is
service is by ordinary mail, proof thereof shall made by:
consist of an affidavit of the person mailing of
facts showing compliance with section 7 of this (a) Ordinary mail. – Proof shall consist of an
Rule. If service is made by registered mail, affidavit of the person mailing stating the
proof shall be made by such affidavit and facts showing compliance with Section 7 of
the registry receipt issued by the mailing this Rule.
office. The registry return card shall be filed
immediately upon its receipt by the sender, or (b) Registered mail. – Proof shall be made by
in lieu thereof the unclaimed letter together the affidavit mentioned above and the
with the certified or sworn copy of the notice registry receipt issued by the mailing
given by the postmaster to the addressee. office. The registry return card shall be
(10a) 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.
COMPARATIVE MATRIX
(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.
(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)
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 paper copy of the order or
other document electronically served shall be
retained and attached to the record of the case. (n)
COMPARATIVE MATRIX
Section 14. Notice of lis pendens. — In an Section 19. Notice of lis pendens. –— In an
action affecting the title or the right of action affecting the title or the right of possession
possession of real property, the plaintiff and of real property, the plaintiff and the defendant,
the defendant, when affirmative relief is when affirmative relief is claimed in his or her
claimed in his answer, may record in the office answer, may record in the office of the registry of
of the registry of deeds of the province in which deeds of the province in which the property is
the property is situated notice of the pendency situated a notice of the pendency of the action.
of the action. Said notice shall contain the Said notice shall contain the names of the parties
names of the parties and the object of the and the object of the action or defense, and a
action or defense, and a description of the description of the property in that province
property in that province affected thereby. affected thereby. Only from the time of filing such
Only from the time of filing such notice for notice for record shall a purchaser, or
record shall a purchaser, or encumbrancer of encumbrancer of the property affected thereby, be
the property affected thereby, be deemed to deemed to have constructive notice of the
pendency of the action, and only of its pendency
have constructive notice of the pendency of the
against the parties designated by their real names.
action, and only of its pendency against the
parties designated by their real names. The notice of lis pendens hereinabove mentioned
may be cancelled only upon order of the court,
The notice of lis pendens hereinabove mentioned after proper showing that the notice is for the
may be cancelled only upon order of the court, purpose of molesting the adverse party, or that it
after proper showing that the notice is for is not necessary to protect the rights of the party
the purpose of molesting the adverse party, or who caused it to be recorded. (14a)
that it is not necessary to protect the rights of
the rights of the party who caused it to be
recorded. (24a, R- 14)
COMPARATIVE MATRIX
[NOTE: Section 11. Priorities in

modes of service and filing. – deleted]
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 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 14 SUMMONS
Section 1. Clerk to issue summons. — Upon the Section 1. Clerk to issue summons. — Unless
filing of the complaint and the payment of the complaint is on its face dismissible under
the requisite legal fees, the clerk of court Section 1, Rule 9, the court shall, within five (5)
shall forthwith issue the corresponding calendar days from receipt of the initiatory
summons to the defendants. (1a) pleading and proof of payment of the requisite
legal fees, direct the clerk of court to issue the
corresponding summons to the defendants. (1a)
COMPARATIVE MATRIX
Section 2. Contents. — The summons shall Section 2. Contents. — The summons shall
be directed to the defendant, signed by the be directed to the defendant, signed by the clerk
clerk of court under seal and contain (a) the of court under seal, and contain:
name of the court and the names of the
parties to the action; (a) The name of the court and the names of
(b) a direction that the defendant answer the parties to the action;
within the time fixed by these Rules; (c) a
notice that unless the defendant so answers (b) When authorized by the court upon ex
plaintiff will take judgment by default and may parte motion, an authorization for the
be granted the relief applied for. plaintiff to serve summons to the
defendant;
A copy of the complaint and order for
appointment of guardian ad litem if any, shall be (c) A direction that the defendant answer
attached to the original and each copy of the within the time fixed by these Rules; and
summons. (3a)
(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. (2a)
Section 3. By whom served. — The summons Section 3. By whom served. — The

may be served by the sheriff, his deputy, or summons may be served by the sheriff, his
other
COMPARATIVE MATRIX
proper court officer, or for justifiable reasons or her deputy, or other proper court officer, and
by any suitable person authorized by the in case of failure of service of summons by
court issuing the summons. (5a) them, the court may authorize the plaintiff
- to serve the summons - together with the
sheriff.
In cases where summons is to be served outside

the judicial region of the court where the case is
pending, the plaintiff shall be authorized to
cause the service of summons.
If the plaintiff is a juridical entity, it shall notify

the court, in writing, and name its authorized
representative therein, attaching a board
resolution or secretary’s certificate thereto, as
the case may be, stating that such representative
is duly authorized to serve the 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.
If summons is returned without being served on

any or all the defendants, the court shall
COMPARATIVE MATRIX
order the plaintiff to cause the service of

summons by other means available under the
Rules.
Failure to comply with the order shall cause the

dismissal of the initiatory pleading without
prejudice. (3a)
[NOTE: Section 4. Return. is now Sec 9]
Section 5. Issuance of alias summons. — If a Section 4. Validity of summons and

summons is returned without being served on issuance of alias summons — Summons shall
any or all of the defendants, the server shall also remain valid until duly served, unless it is
serve a copy of the return on the plaintiff's recalled by the court. In case of loss or
counsel, stating the reasons for the failure of destruction of summons, the court may, upon
service, within five (5) days therefrom. In motion, issue an alias summons.
such a case, or if the summons has been lost,
the clerk, on demand of the plaintiff, may There is failure of service after unsuccessful
issue an alias summons. (4a) attempts to personally serve the summons on the
defendant in his or her address indicated in the
complaint. Substituted service should be in the
manner provided under Section 6 of this Rule.
(5a)
Section 6. Service in person on defendant. — Section 5. Service in person on defendant.

Whenever practicable, the summons shall be — Whenever practicable, the summons shall be
served by handling a copy thereof to the served by handing a copy thereof to
COMPARATIVE MATRIX
defendant in person, or, if he refuses to the defendant in person and informing the
receive and sign for it, by tendering it to defendant that he or she is being served, or, if he
him. (7a) or she refuses to receive and sign for it, by
leaving the summons within the view and in the
presence of the defendant. (6a)
Section 7. Substituted service. — If, for Section 6. Substituted service. — If, for MANOTOC CASE.
justifiable causes, the defendant cannot be justifiable causes, the defendant cannot be
served within a reasonable time as provided served personally after at least three (3)
in the preceding section, service may be attempts on two (2) different dates, service
effected (a) by leaving copies of the may be effected:
summons at the defendant's residence with
some person of suitable age and discretion (a) By leaving copies of the summons at the
then residing therein, or (b) by leaving the defendant's residence to a person at least
copies at defendant's office or regular place of eighteen (18) years of age and of sufficient
business with some competent person in charge discretion residing therein;
thereof. (8a)
(b) By leaving copies of the summons at the
defendant's office or regular place of
business with some competent person in
charge thereof. A competent person
includes, but is not limited to, one who
customarily receives correspondences for
the defendant;
(c) By leaving copies of the summons, if

refused entry upon making his or her
authority and purpose known, with any
COMPARATIVE MATRIX
of the officers of the homeowners’

association or condominium corporation, or
its chief security officer in charge of the
community or the building where the
defendant may be found; and
(d) By sending an electronic mail to the

defendant’s electronic mail address, if
allowed by the court. (7a)
Section 8. Service upon entity without juridical Section 7. Service upon entity without
personality. — When persons associated in an juridical personality. — When persons
entity without juridical personality are sued associated in an entity without juridical
under the name by which they are generally personality are sued under the name by which
or commonly known, service may be effected they are generally or commonly known, service
upon all the defendants by serving upon any may be effected upon all the defendants by
one of them, or upon the person in charge of serving upon any one of them, or upon the
the office or place of business maintained in person in charge of the office or place of
such name. But such service shall not bind business maintained in such name. But such
individually any person whose connection with service shall not bind individually any person
the entity has, upon due notice, been whose connection with the entity has, upon due
severed before the action was brought. (9a) notice, been severed before the action was filed.
(8a)
Section 9. Service upon prisoners. — When Section 8. Service upon prisoners. — When
the defendant is a prisoner confined in a the defendant is a prisoner confined in a jail or
jail or institution, service shall be effected institution, service shall be effected upon
upon him by the officer having the him or her by the officer having the
management of such jail or
COMPARATIVE MATRIX
institution who is deemed deputized as a management of such jail or institution who is

special sheriff for said purpose. (12a) deemed as a special sheriff for said purpose. The
jail warden shall file a return within five (5)
calendar days from service of summons to the
defendant. (9a)
Section 9. Service consistent with

international conventions. — Service may be
made through methods which are consistent with
established international conventions to which the
Philippines is a party. (n)
Section 10. Service upon minors and Section 10. Service upon minors and
incompetents. — When the defendant is a incompetents. — When the defendant is a minor,
minor, insane or otherwise an incompetent, insane or otherwise an incompetent person,
service shall be made upon him personally service of summons shall be made upon him or
and on his legal guardian if he has one, or if her personally and on his or her legal guardian if
none his guardian ad litem whose appointment he or she has one, or if none, upon his or her
shall be applied for by the plaintiff. In the guardian ad litem whose appointment shall be
case of a minor, service may also be made on applied for by the plaintiff. In the case of a
his father or mother. (l0a, 11a) minor, service shall be made on his or her parent
or guardian. (10a)
COMPARATIVE MATRIX
Section 11. Service upon spouses. — When

spouses are sued jointly, service of summons
should be made to each spouse individually. (n)
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
with a juridical personality, service may be a juridical personality, service may be made on
made on the president, managing partner, the president, managing partner, general
general manager, corporate secretary, manager, corporate secretary, treasurer, or in-
treasurer, or in-house counsel. (13a) house counsel of the corporation wherever they
may be found, or in their absence or
unavailability, on their secretaries.
If such service cannot be made upon any of the

foregoing persons, it shall be made upon the
person who customarily receives the
correspondence for the defendant at its principal
office.
In case the domestic juridical entity is under

receivership or liquidation, service of
COMPARATIVE MATRIX
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)
different dates, service may be made
electronically, if allowed by the court, as
provided under Section 6 of this Rule. (11a)
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 others, question the
validity of service of summons, the counsel
shall be deputized by the court to serve
summons on his or her client. (n)
Section 12. Service upon foreign private juridical Section 14. Service upon foreign private
entities. — When the defendant is a foreign juridical entities. — When the defendant is a
private juridical entity which has transacted foreign private juridical entity which has
business in the Philippines, service may be transacted or is doing business in the Philippines,
made on its resident agent designated in as defined by law, service may be made on its
accordance with law for that purpose, or, if resident agent designated in accordance with law
there be no such agent, on the government for that purpose, or, if there be no such agent, on
official designated by the government
official designated by law to that effect, or on
COMPARATIVE MATRIX
law to that effect, or on any of its officers or any of its officers, agents, directors or
agents within the Philippines. (14a) trustees within the Philippines.
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 of the Philippines
through any of the following means:
(a) By personal service coursed through the

appropriate court in the foreign country
with the assistance of the department of
foreign affairs;
(b) By publication once in a newspaper of

general circulation in the country where the
defendant may be found and by serving a
copy of the summons and the court order
by registered mail at the last known address
of the defendant;
(c) By facsimile;
(d) By electronic means with the prescribed

proof of service; or
COMPARATIVE MATRIX
(e) By such other means as the court, in its

discretion, may direct. (12a)
Section 13. Service upon public corporations. — Section 15. Service upon public corporations.
When the defendant is the Republic of the — When the defendant is the Republic of the
Philippines, service may be effected on the Philippines, service may be effected on the
Solicitor General; in case of a province, city Solicitor General; in case of a province, city or
or municipality, or like public corporations, municipality, or like public corporations, service
service may be effected on its executive head, may be effected on its executive head, or on such
or on such other officer or officers as the law or other officer or officers as the law or the court
the court may direct. (15) may direct. (13a)
Section 14. Service upon defendant whose Section 16. Service upon defendant whose
identity or whereabouts are unknown. — In any identity or whereabouts are unknown. — In
action where the defendant is designated as any action where the defendant is designated as
an unknown owner, or the like, or whenever an unknown owner, or the like, or whenever his
his whereabouts are unknown and cannot or her whereabouts are unknown and cannot be
be ascertained by diligent inquiry, service ascertained by diligent inquiry, within ninety
may, by leave of court, be effected upon him by (90) calendar days from the commencement of
publication in a newspaper of general the action, service may, by leave of court, be
circulation and in such places and for such effected upon him or her by publication in a
time as the court may order. (16a) newspaper of general circulation and in such
places and for such time as the court may order.
Any order granting such leave shall specify a

reasonable time, which shall not be less than
COMPARATIVE MATRIX
sixty (60) calendar days after notice, within

which the defendant must answer. (14a)
Section 15. Extraterritorial service. — When the Section 17. Extraterritorial service. — When
defendant does not reside and is not found in the defendant does not reside and is not found in
the Philippines, and the action affects the the Philippines, and the action affects the personal
personal status of the plaintiff or relates to, or status of the plaintiff or relates to, or the subject of
the subject of which is, property within the which is, property within the Philippines, in which
Philippines, in which the defendant has or the defendant has or claims a lien or interest,
claims a lien or interest, actual or contingent, actual or contingent, or in which the relief
or in which the relief demanded consists, wholly demanded consists, wholly or in part, in excluding
or in part, in excluding the defendant from any the defendant from any interest therein, or the
interest therein, or the property of the property of the defendant has been attached within
defendant has been attached within the the Philippines, service may, by leave of court, be
Philippines, service may, by leave of court, be effected out of the Philippines by personal service
effected out of the Philippines by personal as under Section 6; or as provided for in
service as under section 6; or by publication in international conventions to which the Philippines
a newspaper of general circulation in such
is a party; or by publication in a newspaper of
general circulation in such places and for such
places and for such time as the court may
time as the court may order, in which case a copy
order, in which case a copy of the summons
of the summons and order of the court shall be
and order of the court shall be sent by sent by registered mail to the last known address
registered mail to the last known address of of the defendant, or in any other manner the court
the defendant, or in any other manner the court may deem sufficient. Any order granting such
may deem sufficient. Any order granting such leave shall specify a reasonable time,
leave shall specify a reasonable time, which which shall not be less than sixty (60)
shall not be less than sixty
(60) days after notice, within which the
defendant
must answer. (17a)
COMPARATIVE MATRIX
calendar days after notice, within which the

defendant must answer. (15a)
Section 16. Residents temporarily out of the Section 18. Residents temporarily out of the
Philippines. — When any action is Philippines. — When any action is commenced
commenced against a defendant who against a defendant who ordinarily resides within
ordinarily resides within the Philippines, but the Philippines, but who is temporarily out of it,
who is temporarily out of it, service may, by service may, by leave of court, be also effected
leave of court, be also effected out of the out of the Philippines, as under the preceding
Philippines, as under the preceding section. Section. (16a)
(18a)
Section 17. Leave of court. — Any application Section 19. Leave of court. — Any
to the court under this Rule for leave to effect application to the court under this Rule for leave
service in any manner for which leave of to effect service in any manner for which leave of
court is necessary shall be made by motion court is necessary shall be made by motion in
in writing, supported by affidavit of the writing, supported by affidavit of the plaintiff or
plaintiff or some person on his behalf, setting some person on his behalf, setting forth the
forth the grounds for the application. (19) grounds for the application. (17a)
Section 4. Return. — When the service has Section 20. Return. — Within thirty (30)
been completed, the server shall, within five calendar days from issuance of summons by the
(5) days therefrom, serve a copy of the return, clerk of court and receipt thereof, the sheriff or
personally or by registered mail, to the process server, or person authorized by the
plaintiff's counsel, and court, shall complete its
service. Within five (5) calendar days from
COMPARATIVE MATRIX
shall return the summons to the clerk, who service of summons, the server shall file with
issued it, accompanied by proof of service. the court and serve a copy of the return to the
(6a) plaintiff’s counsel, personally, by registered
mail, or by electronic means authorized by the
Rules.
Should substituted service have been effected,

the return shall state the following:
(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 different dates to cause
personal service and the details of the
inquiries made to locate the defendant
residing thereat; and
(3) The name of the person at least eighteen

(18) years of age and of sufficient discretion
residing thereat, name of competent person
in charge of the defendant’s office or
regular place of business, or name of the
officer of the homeowners’ association or
condominium corporation or its chief
security officer in charge of the
COMPARATIVE MATRIX
community or building where the

defendant may be found. (4a)
Section 18. Proof of service. — The proof of Section 21. Proof of service. — The proof
service of a summons shall be made in of service of a summons shall be made in
writing by the server and shall set forth the writing by the server and shall set forth the
manner, place, and date of service; shall manner, place, and date of service; shall specify
specify any papers which have been served any papers which have been served with the
with the process and the name of the person process and the name of the person who
who received the same; and shall be sworn to received the same; and shall be sworn to when
when made by a person other than a sheriff made by a person other than a sheriff or his or
or his deputy. (20) 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. (18a)
Section 19. Proof of service by publication. — If Section 22. Proof of service by publication.
the service has been made by publication, — If the service has been made by publication,
service may be proved by the affidavit of the service may be proved by the affidavit of the
printer, his foreman or principal clerk, or of publisher, editor, business or advertising
the editor, business or advertising manager, to manager, to which affidavit a copy of the
which affidavit a copy of the publication shall publication shall be attached and by an affidavit
be attached and by an affidavit showing the showing the deposit of a copy of the summons
deposit of a copy of the summons and order and order for
for publication in the post publication in the post office, postage
COMPARATIVE MATRIX
office, postage prepaid, directed to the prepaid, directed to the defendant by

defendant by registered mail to his last known registered mail to his or her last known
address. (21) address. (19a)
Section 20. Voluntary appearance. — The Section 23. Voluntary appearance. — The
defendant's voluntary appearance in the defendant's voluntary appearance in the action
action shall be equivalent to service of shall be equivalent to service of summons. The
summons. The inclusion in a motion to inclusion in a motion to dismiss of other
dismiss of other grounds aside from lack of grounds aside from lack of jurisdiction over the
jurisdiction over the person of the defendant person of the defendant shall be deemed a
shall not be deemed a voluntary voluntary appearance. (20a)
appearance. (23a)
RULE 15 MOTIONS
Section 1. Motion defined. — A motion is an Section 1. Motion defined. – A motion is an

application for relief other than by a pleading. application for relief other than by a pleading. (1)
(1a)
Section 2. Motions must be in writings. — All Section 2. Motions must be in writing. — All
motions shall be in writing except those made motions shall be in writing except those made in
in open court or in the course of a hearing or open court or in the course of a hearing or trial.
trial. (2a)
A motion made in open court or in the
course of a hearing or trial should
COMPARATIVE MATRIX
immediately be resolved in open court, after the

adverse party is given the opportunity to argue
his or her opposition thereto.
When a motion is based on facts not appearing on

record, the court may hear the matter on affidavits
or depositions presented by the respective parties,
but the court may direct that the matter be heard
wholly or partly on oral testimony or depositions.
(2a)
Section 3. Contents. — A motion shall state Section 3. Contents. – A motion shall state
the relief sought to be obtained and the grounds the relief sought to be obtained and the grounds
upon which it is based, and if required by upon which it is based, and if required by these
these Rules or necessary to prove facts Rules or necessary to prove facts alleged
alleged therein, shall be accompanied by therein, shall be accompanied by supporting
supporting affidavits and other papers. (3a) affidavits and other papers. (3)
[Section 4. Hearing of motion. — Deleted] Section 4. Non-litigious motions. — Motions

which the court may act upon without
Section 4. Hearing of motion. — Except for prejudicing the rights of adverse parties are
motions which the court may act upon non-litigious motions. These motions include:
without prejudicing the rights of the adverse
party, every written motion shall be set for a) Motion for the issuance of an alias summons;
hearing by the applicant.
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Every written motion required to be heard and b) Motion for extension to file answer;
the notice of the hearing thereof shall be
served in such a manner as to ensure its c) Motion for postponement;
receipt by the other party at least three (3)
days before the date of hearing, unless the d) Motion for the issuance of a writ of
court for good cause sets the hearing on execution;
shorter notice. (4a)
e) Motion for the issuance of an alias writ of
execution;
f) Motion for the issuance of a writ of

possession;
g) Motion for the issuance of an order

directing the sheriff to execute the final
certificate of sale; and
h) Other similar motions.
These motions shall not be set for hearing and shall

be resolved by the court within five (5) calendar
days from receipt thereof. (n)
Section 5. Litigious motions. —
(a) Litigious motions include:
1) Motion for bill of particulars;

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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;
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.

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(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.
(c) The opposing 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. (n)
Section 5. Notice of hearing. — The notice of Section. 6. Notice of hearing on litigious

hearing shall be addressed to all parties motions; discretionary. — The court may, in the
concerned, and shall specify the time and date exercise of its discretion, and if deemed
of the hearing which must not be later than ten necessary for its resolution, call a hearing on the
(10) days after the filing of the motion. (5a) motion. The notice of hearing shall be addressed
to all parties concerned, and shall specify the
time and date of the hearing. (5a)
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Section 6. Proof of service necessary. — No Section 7. Proof of service necessary. — No

written motion set for hearing shall be acted written motion shall be acted upon by the court
upon by the court without proof of service without proof of service thereof, pursuant to
thereof. (6a) Section 5(b) hereof. (6a)
Section 7. Motion day. — Except for Section 8. Motion day. — Except for motions
motions requiring immediate action, all requiring immediate action, where the court
motions shall be scheduled for hearing on decides to conduct hearing on a litigious motion,
Friday afternoons, or if Friday is a non- the same shall be set on a Friday. (7a)
working day, in the afternoon of the next
working day. (7a)
Section 8. Omnibus motion. — Subject to Section 9. Omnibus motion. — Subject to the

the provisions of section 1 of Rule 9, a provisions of Section 1 of Rule 9, a motion
motion attacking a pleading, order, attacking a pleading, order, judgment, or
judgment, or proceeding shall include all proceeding shall include all objections then
objections then available, and all objections available, and all objections not so included shall
not so included shall be deemed waived. be deemed waived. (8a)
(8a)
Section 9. Motion for leave. — A motion for Section 10. Motion for leave. — A motion
leave to file a pleading or motion shall be for leave to file a pleading or motion shall be
accompanied by the pleading or motion sought accompanied by the pleading or motion sought to
to be admitted. (n) be admitted. (9)
Section 10. Form. — The Rules applicable to Section 11. Form. — The Rules applicable to
pleadings shall apply to written motions so far pleadings shall apply to written motions so far
as
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concerns caption, designation, signature, as concerns caption, designation, signature, and

and other matters of form. (9a) other matters of form. (10)
Section. 12. Prohibited motions. —

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

following grounds:
1) That the court has no jurisdiction over

the subject matter of the claim;
2) That there is another action pending

between the same parties for the same
cause; and
3) That the cause of action is barred by a

prior judgment or by the statute of
limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court’s

action on the affirmative defenses;
(d) Motion to suspend proceedings without a

temporary restraining order or injunction
issued by a higher court;
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(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.
A motion for postponement, whether written or

oral, shall, at all times, be accompanied by the
original official receipt from the office of the clerk
of court evidencing payment of the postponement
fee 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 the original receipt. (n)
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Rule 16, Section 5. Effect of dismissal. — Section. 13. Dismissal with prejudice. —
Subject to the right of appeal, an order Subject to the right of appeal, an order granting a
granting a motion to dismiss based on motion to dismiss or an affirmative defense that
paragraphs (f), (h) and (i) of section 1 hereof the cause of action is barred by a prior judgment
shall bar the refiling of the same action or or by the statute of limitations; that the claim or
claim. (n) demand set forth in the plaintiff’s pleading has
been paid, waived, abandoned or otherwise
extinguished; or that the claim on which the
action is founded is unenforceable under the
provisions of the statute of frauds, shall bar the
refiling of the same action or claim. (5, R16)
RULE 16 MOTION TO DISMISS

[Provisions either deleted or transposed]
Section 1. Grounds. — Within the time for

but before filing the answer to the
complaint or pleading asserting a claim, a
motion to dismiss may be made on any of
the following grounds:
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(a) That the court has no jurisdiction

over the person of the defending
party;
(b)That the court has no jurisdiction

over the subject matter of the claim;
(c) That venue is improperly laid;
(d)That the plaintiff has no legal

capacity to sue;
(e) That there is another action

pending between the same parties for
the same cause;
(f) That the cause of action is barred

by a prior judgment or by the statute
of limitations;
(g)That the pleading asserting the

claim states no cause of action;
(h)That the claim or demand set forth

in the plaintiff's pleading has been
paid, waived, abandoned, or
otherwise extinguished;
(i) That the claim on which the

action is founded is enforceable
under the provisions of the statute of
frauds; and
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(j) That a condition precedent for filing

the claim has not been complied with.
(1a)
Section 2. Hearing of motion. — At the hearing

of the motion, the parties shall submit their
arguments on the questions of law and their
evidence on the questions of fact involved
except those not available at that time. Should
the case go to trial, the evidence presented
during the hearing shall automatically be part of
the evidence of the party presenting the same.
(n)
Section 3. Resolution of Motion. — After the

hearing, the court may dismiss the action or
claim, deny the motion, or order the
amendment of the pleading.
The court shall not defer the resolution of the

motion for the reason that the ground relied
upon is not indubitable.
In every case, the resolution shall state clearly

and distinctly the reasons therefor. (3a)
Section 4. Time to plead. — If the motion is

denied, the movant shall file his answer within
the balance of the period prescribed by Rule
11 to
which he was entitled at the time of serving his
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motion, but not less than five (5) days in any

event, computed from his receipt of the notice
of the denial. If the pleading is ordered to be
amended, he shall file his answer within the
period prescribed by Rule 11 counted from
service of the amended pleading, unless the
court provides a longer period. (4a)
NOTE: Sec 5 is now Rule 15, Sec 13
Section 5. Effect of dismissal. — Subject to

the right of appeal, an order granting a
motion to dismiss based on paragraphs (f),
(h) and (i) of section 1 hereof shall bar the
refiling of the same action or claim. (n)
Section 6. Pleading grounds as affirmative

defenses. — If no motion to dismiss has been
filed, any of the grounds for dismissal provided
for in this Rule may be pleaded as an
affirmative defense in the answer and, in the
discretion of the court, a preliminary hearing
may be had thereon as if a motion to dismiss
had been filed. (5a)
The dismissal of the complaint under this

section shall be without prejudice to the
prosecution in the same or separate action of a
counterclaim pleaded in the answer. (n)
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RULE 17 DISMISSAL OF ACTIONS
Section 1. Dismissal upon notice by plaintiff. — A Section 1. Dismissal upon notice by plaintiff.
complaint may be dismissed by the plaintiff — A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time by filing a notice of dismissal at any time before
before service of the answer or of a motion service of the answer or of a motion for summary
for summary judgment. Upon such notice being judgment. Upon such notice being filed, the court
filed, the court shall issue an order confirming shall issue an order confirming the dismissal.
the dismissal. Unless otherwise stated in the notice, the dismissal
Unless otherwise stated in the notice, the is without prejudice, except that a notice operates
dismissal is without prejudice, except that a as an adjudication upon the merits when filed by a
notice operates as an adjudication upon the plaintiff who has once dismissed in a competent
merits when filed by a plaintiff who has once court an action based on or including the same
dismissed in a competent court an action claim. (1)
based on or including the same claim. (1a)
Section 2. Dismissal upon motion of plaintiff. — Section 2. Dismissal upon motion of

Except as provided in the preceding section, a plaintiff. — Except as provided in the preceding
complaint shall not be dismissed at the section, a complaint shall not be dismissed at the
plaintiff's instance save upon approval of plaintiff's instance save upon approval of the
the court and upon such terms and court and upon such terms and conditions as the
conditions as the court deems proper. If a court deems proper. If a counterclaim has been
counterclaim has been pleaded by a defendant pleaded by a defendant prior to the service upon
prior to the service upon him of the plaintiffs him or her of the plaintiff's motion for dismissal,
motion for dismissal, the dismissal shall be the dismissal shall be limited to the
limited to the complaint. The dismissal shall be complaint. The dismissal shall be without
without prejudice to the right of the defendant
to prosecute his counterclaim in a separate
action
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unless within fifteen (15) days from notice of prejudice to the right of the defendant to
the motion he manifests his preference to prosecute his or her counterclaim in a separate
have his counterclaim resolved in the same action unless within fifteen (15) calendar days
action. Unless otherwise specified in the order, a from notice of the motion he or she manifests
dismissal under this paragraph shall be without his or her preference to have his or her
prejudice. A class suit shall not be dismissed or counterclaim resolved in the same action.
compromised without the approval of the Unless otherwise specified in the order, a
court. (2a) dismissal under this paragraph shall be without
prejudice. A class suit shall not be dismissed or
compromised without the approval of the court.
(2a)
Section 3. Dismissal due to fault of plaintiff. — If, Section 3. Dismissal due to fault of plaintiff.
for no justifiable cause, the plaintiff fails to — If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his appear on the date of the presentation of his or
evidence in chief on the complaint, or to her evidence in chief on the complaint, or to
prosecute his action for an unreasonable prosecute his or her action for an unreasonable
length of time, or to comply with these Rules length of time, or to comply with these Rules or
or any order of the court, the complaint may any order of the court, the complaint may be
be dismissed upon motion of the defendant or dismissed upon motion of the defendant or upon
upon the court's own motion, without prejudice the court's own motion, without prejudice to the
to the right of the defendant to prosecute his right of the defendant to prosecute his or her
counterclaim in the same or in a separate counterclaim in the same or in a separate action.
action. This dismissal shall have the effect of This dismissal shall have the effect of an
an adjudication upon the merits, unless adjudication upon the merits, unless otherwise
otherwise declared by the court. (3a) declared by the court. (3a)
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Section 4. Dismissal of counterclaim, cross- Section 4. Dismissal of counterclaim, cross-

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

settlement or of a submission to or of a submission to alternative modes of
alternative modes of dispute resolution; dispute resolution;
(b) The simplification of the issues; (b) The simplification of the issues;
(c) The necessity or desirability (c) The possibility of obtaining stipulations or

of amendments to the admissions of facts and of documents to
pleadings; avoid unnecessary proof;
(d)The possibility of obtaining (d) The limitation of the number and

stipulations or admissions of facts and identification of witnesses and the
of documents to avoid unnecessary setting of trial dates;
proof;
(e) The advisability of a preliminary
(e) The limitation of the number reference of issues to a commissioner;
of witnesses;
(f) The propriety of rendering judgment on the
(f)The advisability of a pleadings, or summary judgment, or of
preliminary reference of issues to a dismissing the action should a valid ground
commissioner; therefor be found to exist;
(g)The propriety of rendering judgment (g) The requirement for the parties to:
on the pleadings, or summary judgment,
or of dismissing the action should a 1.Mark their respective evidence if not yet
valid ground therefor be found to exist; marked in the judicial affidavits of their
witnesses;
(h)The advisability or necessity
of suspending the proceedings;
and
(i) Such other matters as may aid in

the prompt disposition of the action.
(1a, R20)
COMPARATIVE MATRIX
2.Examine and make comparisons of the

adverse parties' evidence vis-avis 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;
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.
COMPARATIVE MATRIX
(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.
The failure without just cause of a party and/or

counsel to bring the evidence required shall be
deemed a waiver of the presentation of such
evidence.
The branch clerk of court shall prepare the

minutes of the pre-trial, which shall have the
following format: (See prescribed form) (2a)
Section 3. Notice of pre-trial. — The notice of Section. 3. Notice of pre-trial. — The notice
pre- trial shall be served on counsel, or on of pre-trial shall include the dates respectively set
the party who has no counsel. The counsel for:
served with such notice is charged with the
duty of notifying the party represented by (a) Pre-trial;
him. (n)
(b) Court-Annexed Mediation; and
COMPARATIVE MATRIX
(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)
Section 4. Appearance of parties. — It shall be Section 4. Appearance of Parties. — It shall

the duty of the parties and their counsel to be the duty of the parties and their counsel to
appear at the pre-trial. The non-appearance of appear at the pre-trial, court-annexed mediation,
a party may be excused only if a valid and judicial dispute resolution, if necessary. The
cause is shown therefor or if a representative non-appearance of a party and counsel may be
shall appear in his behalf fully authorized in excused only for acts of God, force majeure, or
writing to enter into an amicable settlement, duly substantiated physical inability.
to submit to alternative modes of dispute
resolution, and to enter into stipulations or A representative may appear on behalf of a party,
admissions of facts and of documents. (n) but must be fully authorized in writing to enter
into an amicable settlement, to submit
to alternative modes of dispute resolution,
COMPARATIVE MATRIX
and to enter into stipulations or admissions of

facts and documents.
Section 5. Effect of failure to appear. — The Section. 5. Effect of failure to appear. —

failure of the plaintiff to appear when so When duly notified, the failure of the plaintiff
required pursuant to the next preceding and counsel to appear without valid cause when
section shall be cause for dismissal of the so required, pursuant to the next preceding
action. The dismissal shall be with prejudice, Section, shall cause the dismissal of the action.
unless other-wise ordered by the court. A The dismissal shall be with prejudice, unless
similar failure on the part of the defendant otherwise ordered by the court. A similar failure
shall be cause to allow the plaintiff to present on the part of the defendant and counsel shall be
his evidence ex parte and the court to render cause to allow the plaintiff to present his or her
judgment on the basis thereof. (2a, R20) 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)
Section 6. Pre-trial brief. — The parties shall Section 6. Pre-trial brief. — The parties shall
file with the court and serve on the adverse file with the court and serve on the adverse party,
party, in such manner as shall ensure their in such manner as shall ensure their receipt
receipt thereof at least three (3) days before thereof at least three (3) calendar days before the
the date of the pre- trial, their respective pre- date of the pre-trial, their respective pre-trial
trial briefs which shall contain, among others: briefs which shall contain, among others:
(a) A statement of their willingness to

enter into amicable settlement or
alternative
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modes of dispute resolution, indicating (a) A concise statement of the case and the
the desired terms thereof; reliefs prayed for;
(b)A summary of admitted facts (b) A summary of admitted facts and

and proposed stipulation of facts; proposed stipulation of facts;
(c) The issues to be tried or resolved; (c) The main factual and legal issues to be
tried or resolved;
(d)The documents or exhibits to be
presented stating the purpose (d) The propriety of referral of factual
thereof; issues to commissioners;
(e) A manifestation of their having (e) The documents or other object

availed or their intention to avail evidence to be marked, stating the
themselves of discovery procedures purpose thereof;
or referral to commissioners; and
(f) The names of the witnesses, and the
(f) The number and names of the summary of their respective testimonies;
witnesses, and the substance of and
their respective testimonies.
(g) A brief statement of points of law and
Failure to file the pre-trial brief shall have the citation of authorities.
same effect as failure to appear at the pre-trial.
(n) Failure to file the pre-trial brief shall have the
same effect as failure to appear at the pre- trial.
(8)
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Section 7. Record of pre-trial. — The Section 7. Pre-Trial Order. — Upon

proceedings in the pre-trial shall be termination of the pre-trial, the court shall issue
recorded. Upon the termination thereof, the an order within ten (10) calendar days which
court shall issue an order which shall recite in shall recite in detail the matters taken up. The
detail the matters taken up in the conference, order shall include:
the action taken thereon, the amendments
allowed to the pleadings, and the agreements (a) An enumeration of the admitted facts;
or admissions made by the parties as to any of
the matters considered. Should the action (b) The minutes of the pre-trial conference;
proceed to trial, the order shall, explicitly
define and limit the issues to be tried. The (c) The legal and factual issue/s to be tried;
contents of the order shall control the
(d) The applicable law, rules, and
subsequent course of the action, unless modified
jurisprudence;
before trial to prevent manifest injustice. (5a,
R20) (e) The evidence marked;
(f) The specific trial dates for continuous

trial, which shall be within the period
provided by the Rules;
(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;
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(h) A statement that the one-day examination

of witness rule and most important
witness rule under A.M. No. 03-1-09-SC
(Guidelines for Pre-Trial) shall be strictly
followed; and
(i) A statement that the court shall render

judgment on the pleadings or summary
judgment, as the case may be.
The direct testimony of witnesses for the

plaintiff shall be in the form of judicial
affidavits. After the identification of such
affidavits, cross-examination shall proceed
immediately.
Postponement of presentation of the parties’

witnesses at a scheduled date is prohibited,
except if it is based on acts of God, force
majeure or duly substantiated physical inability
of the witness to appear and testify. The party
who caused the postponement is warned that the
presentation of its evidence must still be
terminated within the remaining dates previously
agreed upon.
Should the opposing party fail to appear without

valid cause stated in the next preceding
paragraph, the presentation of the
scheduled witness will proceed with the
COMPARATIVE MATRIX
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)
Section 8. Court-Annexed Mediation. —

After pre-trial and, after issues are joined, the
court shall refer the parties for mandatory court-
annexed mediation.
The period for court-annexed mediation shall not

exceed thirty (30) calendar days without further
extension. (n)
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
period of fifteen (15) calendar days from
COMPARATIVE MATRIX
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)
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
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.
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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 19 INTERVENTION
Section 1. Who may intervene. — A person Section 1. Who may intervene. — A person
who has a legal interest in the matter in who has a legal interest in the matter in
litigation, or in the success of either of the litigation, or in the success of either of the
parties, or an interest against both, or is so parties, or an interest against both, or is so
situated as to be adversely affected by a situated as to be adversely affected by a
distribution or other disposition of property in distribution or other disposition of property in
the custody of the court or of an officer thereof the custody of the court or of an officer thereof
may, with leave of court, be allowed to may, with leave of court, be allowed to intervene
intervene in the action. The court shall in the action. The court shall consider whether or
consider whether or not the intervention will not the intervention will unduly delay or
unduly delay or prejudice the adjudication of prejudice the adjudication of the rights of the
the rights of the original parties, and original parties, and whether or not the
whether or not the intervenor's rights may be intervenor’s rights may be fully protected in a
fully protected in a separate proceeding.
separate proceeding. (1)
(2[a], [b]a, R12)
Section 2. Time to intervene. — The motion to Section 2. Time to intervene. — The motion
intervene may be filed at any time before to intervene may be filed at any time before
rendition of judgment by the trial court. A rendition of judgment by the trial court. A copy
copy of the of the pleading-inintervention shall be
COMPARATIVE MATRIX
pleading-in-intervention shall be attached to attached to the motion and served on the

the motion and served on the original original parties. (2)
parties. (n)
Section 3. Pleadings-in-intervention. — The Section 3. Pleadings-in-intervention. — The

intervenor shall file a complaint-in-intervention intervenor shall file a complaint- inintervention if
if he asserts a claim against either or all of he or she asserts a claim against either or all of
the original parties, or an answer-in- the original parties, or an answer-in-intervention
intervention if he unites with the defending if he or she unites with the defending party in
party in resisting a claim against the latter. resisting a claim against the latter. (3a)
(2[c]a, R12)
Section 4. Answer to complaint-in-intervention. — Section 4. Answer to complaint-in-

The answer to the complaint-in-intervention shall intervention. — The answer to the complaintin-
be filed within fifteen (15) days from notice of intervention shall be filed within fifteen (15)
the order admitting the same, unless a different calendar days from notice of the order
period is fixed by the court. (2[d]a, R12) admitting the same, unless a different period is
fixed by the court. (4a)
RULE 20 CALENDAR OF CASES
Section 1. Calendar of cases. — The clerk Section 1. Calendar of cases. — The clerk of
of court, under the direct supervision of the court, under the direct supervision of the judge,
judge, shall keep a calendar of cases for shall keep a calendar of cases for pre- trial, for
pre-trial, for trial, those whose trials were trial, those whose trials were adjourned or
adjourned or postponed, and those with postponed, and those with
motions to set for hearing. Preference motions to set for hearing. Preference shall
shall be given to habeas
COMPARATIVE MATRIX
corpus cases, election cases, special civil be given to habeas corpus cases, election, cases,
actions, and those so required by law. (1a, special civil actions, and those so required by
R22) law. (1)
Section 2. Assignment of cases. — The Section 2. Assignment of cases. — The

assignment of cases to the different branches of assignment of cases to the different branches of a
a court shall be done exclusively by raffle. court shall be done exclusively by raffle. The
The assignment shall be done in open assignment shall be done in open session of which
session of which adequate notice shall be adequate notice shall be given so as to afford
given so as to afford interested parties the interested parties the opportunity to be present. (2)
opportunity to be present. (7a, R22)
RULE 21 SUBPOENA
Section 1. Subpoena and subpoena duces tecum. Section 1. Subpoena and subpoena duces tecum.
— Subpoena is a process directed to a — Subpoena is a process directed to a person requiring
person requiring him to attend and to testify at him or her to attend and to testify at the hearing or the
the hearing or the trial of an action, or at any trial of an action, or at any investigation conducted by
investigation conducted by competent competent authority, or for the taking of his or her
authority, or for the taking of his deposition. deposition. It may also require him or her to bring with
It may also require him to bring with him any him or her any books, documents, or other things under
books, documents, or other things under his his or her control, in which case it is called a subpoena
control, in which case it is called a subpoena duces tecum. (1a)
duces tecum. (1a, R23)
COMPARATIVE MATRIX
Section 2. By whom issued. — The Section 2. By whom issued. — The subpoena may be
subpoena may be issued by — issued by -
(a) the court before whom the witness (a) The court before whom the witness is required to
is required to attend; attend;
(b)the court of the place where (b) The court of the place where the deposition is to
the deposition is to be taken; be taken;
(c) the officer or body authorized by law (c) The officer or body authorized by law to do so in
to do so in connection with connection with investigations conducted by said
investigations conducted by said officer or body; or
officer or body; or
(d) Any Justice of the Supreme Court or the Court of
(d)any Justice of the Supreme Court or Appeals in any case or investigation pending
of the Court of Appeals in any case or within the Philippines.
investigation pending within the
Philippines. When an application for a subpoena to a prisoner is
made, the judge or officer shall examine and study
When application for a subpoena to a prisoner carefully such application to determine whether the same
is made, the judge or officer shall examine and is made for a valid purpose.
study carefully such application to determine
whether the same is made for a valid purpose. No prisoner sentenced to death, reclusion perpetua or
life imprisonment and who is confined in any penal
No prisoner sentenced to death, reclusion institution shall be brought outside the penal institution
perpetua or life imprisonment and who is for appearance or attendance in any court unless
confined in any penal institution shall be authorized by the Supreme Court. (2a)
brought outside the said penal institution for
appearance or attendance in any court unless
authorized by the Supreme Court (2a, R23)
COMPARATIVE MATRIX
Section 3. Form and contents. — A subpoena Section 3. Form and contents. — A subpoena shall
shall state the name of the court and the title state the name of the court and the title of the action or
of the action or investigation, shall be directed investigation, shall be directed to the person whose
to the person whose attendance is required, attendance is required, and in the case of a subpoena
and in the case of a subpoena duces tecum, it duces tecum, it shall also contain a reasonable
shall also contain a reasonable description of description of the books, documents or things demanded
the books, documents or things demanded which must appear to the court prima facie relevant. (3)
which must appear to the court prima facie
relevant. (3a, R23)
Section 4. Quashing a subpoena. — The court Section 4. Quashing a subpoena. — The court may
may quash a subpoena duces tecum upon quash a subpoena duces tecum upon motion promptly
motion promptly made and, in any event, at or made and, in any event, at or before the time specified
before the time specified therein if it is therein if it is unreasonable and oppressive, or the
unreasonable and oppressive, or the relevancy of the books, documents or things does not
relevancy of the books, documents or things appear, or if the person in whose behalf the subpoena is
does not appear, or if the person in whose issued fails to advance the reasonable cost of the
behalf the subpoena is issued fails to production thereof.
advance the reasonable cost of the
production thereof. The court may quash a subpoena ad testificandum on
the ground that the witness is not bound thereby. In
The court may quash a subpoena either case, the subpoena may be quashed on the
ad testificandum on the ground that the ground that the witness fees and kilometrage allowed
witness is not bound thereby. In either case,
by these Rules were not tendered when the subpoena
was served. (4)
the subpoena may be quashed on the ground
that the witness fees and kilometrage allowed
by these Rules were not tendered when the
subpoena was served. (4a, R23)
COMPARATIVE MATRIX
Section 5. Subpoena for depositions. — Proof of Section 5. Subpoena for depositions. — Proof of
service of a notice to take a deposition, as service of a notice to take a deposition, as provided in
provided in sections 15 and 25 of Rule 23, Sections 15 and 25 of Rule 23, shall constitute sufficient
shall constitute sufficient authorization for the authorization for the issuance of subpoenas for the
issuance of subpoenas for the persons named in persons named in said notice by the clerk of the court of
said notice by the clerk of the court of the the place in which the deposition is to be taken. The
place in which the deposition is to be taken. clerk shall not, however, issue a subpoena duces tecum
The clerk shall not, however, issue a to any such person without an order of the court. (5)
subpoena duces tecum to any such person
without an order of the court. (5a, R23)
Section 6. Service. — Service of a subpoena Section 6. Service. — Service of a subpoena shall be

shall be made in the same manner as personal made in the same manner as personal or substituted
or substituted service of summons. The original service of summons. The original shall be exhibited and
shall be exhibited and a copy thereof delivered a copy thereof delivered to the person on whom it is
to the person on whom it is served, tendering served. The service must be made so as to allow the
to him the fees for one day's attendance and the witness a reasonable time for preparation and travel to
kilometrage allowed by these Rules, except the place of attendance.
that, when a subpoena is issued by or on
behalf of the Republic of the Philippines or an Costs for court attendance and the production of
officer or agency thereof, the tender need not documents and other materials subject of the subpoena
be made. The service must be made so as to shall be tendered or charged accordingly. (6a)
allow the witness a reasonable time for
preparation and travel to the place of
attendance. If the subpoena is duces tecum,
the reasonable cost of producing the books,
documents or things demanded shall also
be tendered. (6a, R23)
COMPARATIVE MATRIX
Section 7. Personal appearance in court. — A Section 7. Personal appearance in court. — A

person present in court before a judicial person present in court before a judicial officer may be
officer may be required to testify as if he required to testify as if he or she were in attendance
were in attendance upon a subpoena is upon a subpoena issued by such court or officer. (7a)
sued by such court or officer. (10, R23)
Section 8. Compelling attendance. — In case of Section 8. Compelling attendance. — In case of

failure of a witness to attend, the court or failure of a witness to attend, the court or judge issuing
judge issuing the subpoena, upon proof of the the subpoena, upon proof of the service thereof and of
service thereof and of the failure of the witness, the failure of the witness, may issue a warrant to the
may issue a warrant to the sheriff of the sheriff of the province, or his or her deputy, to arrest the
province, or his deputy, to arrest the witness witness and bring him or her before the court or officer
and bring him before the court or officer where his or her attendance is required, and the cost of
where his attendance is required, and the cost such warrant and seizure of such witness shall be paid by
of such warrant and seizure of such witness the witness if the court issuing it shall determine that his
shall be paid by the witness if the court or her failure to answer the subpoena was willful and
issuing it shall determine that his failure to without just excuse. (8a)
answer the subpoena was willful and without
just excuse. (11, R23)
Section 9. Contempt. — Failure by any Section 9. Contempt. — Failure by any person

person without adequate cause to obey a without adequate cause to obey a subpoena served upon
subpoena served upon him shall be deemed a him or her shall be deemed a contempt of the court from
contempt of the court from which the subpoena which the subpoena is issued. If the subpoena was not
is issued. If the subpoena was not issued by a issued by a court, the disobedience thereto shall be
court, the disobedience thereto shall be punished in accordance with the applicable law or Rule.
punished in (9a)
COMPARATIVE MATRIX
accordance with the applicable law or Rule.

(12a R23)
Section 10. Exceptions. — The provisions of Section 10. Exceptions. — The provisions of
sections 8 and 9 of this Rule shall not apply Sections 8 and 9 of this Rule shall not apply to a witness
to a witness who resides more than one who resides more than one hundred (100) kilometers
hundred (100) kilometers from his residence to from his or her residence to the place where he or she is
the place where he is to testify by the to testify by the ordinary course of travel, or to a
ordinary course of travel, or to a detention detention prisoner if no permission of the court in which
prisoner if no permission of the court in his or her case is pending was obtained. (10a)
which his case is pending was obtained. (9a,
R23)
RULE 22 COMPUTATION OF TIME
Section 1. How to compute time. — In Section 1. How to compute time. — In computing any
computing any period of time prescribed or period of time prescribed or allowed by these Rules, or
allowed by these Rules, or by order of the by order of the court, or by any applicable statute, the day
court, or by any applicable statute, the day of of the act or event from which the designated period of
the act or event from which the designated time begins to run is to be excluded and the date of
period of time begins to run is to be excluded performance included. If the last day of the period, as
and the date of performance included. If the thus computed, falls on a Saturday, a Sunday, or a legal
last day of the period, as thus computed, holiday in the place where the court sits, the time shall
falls on a Saturday a Sunday, or a legal holiday not run until the next working day. (1)
in the place where the court sits, the time
shall not run until the next working day. (a)
COMPARATIVE MATRIX
Section 2. Effect of interruption. — Should an Section 2. Effect of Interruption. — Should an act

act be done which effectively interrupts the be done which effectively interrupts the running of the
running of the period, the allowable period period, the allowable period after such interruption shall
after such interruption shall start to run on start to run on the day after notice of the cessation of the
the day after notice of the cessation of the cause thereof.
cause thereof.
The day of the act that caused the interruption shall be
The day of the act that caused the excluded in the computation of the period. (2)
interruption shall be excluded in the
computation of the period. (n)
RULE 23 DEPOSITIONS PENDING ACTIONS
Section 1. Depositions pending action, when may Section 1. Depositions pending action, when may
be taken. — By leave of court after jurisdiction be taken. — Upon ex parte motion of a party, the
has been obtained over any defendant or testimony of any person, whether a party or not, may be
over property which is the subject of the taken by deposition upon oral examination or written
action, or without such leave after an interrogatories. The attendance of witnesses may be
answer has been served, the testimony of compelled by the use of a subpoena as provided in Rule
any person, whether a party or not, may be 21. Depositions shall be taken only in accordance with
taken, at the instance of any party, by these Rules. The deposition of a person confined in
deposition upon oral examination or written prison may be taken only by leave of court on such
interrogatories. The attendance of terms as the court prescribes. (1a)
witnesses may be compelled by the use of a
subpoena as provided in Rule 21.
Depositions shall be taken only in
accordance with these Rules. The
deposition of a person confined in prison
may be taken only by leave of court on such
terms as the court prescribes. (1a, R24)
COMPARATIVE MATRIX
Section 2. Scope of examination. — Unless Section 2. Scope of examination. — Unless otherwise

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

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

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

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

party shall not be deemed to make a shall not be deemed to make a person his or her own
person his own witness for any purpose by witness for any purpose by taking his or her deposition.
taking his deposition. (7, R24) (7a)
Section 8. Effect of using depositions. — The Section 8. Effect of using depositions. — The
introduction in evidence of the deposition or any introduction in evidence of the deposition or any part
part thereof for any purpose other than that thereof for any purpose other than that of contradicting
of contradicting or impeaching the deponent or impeaching the deponent makes the deponent the
makes the deponent the witness of the party witness of the party introducing the deposition, but this
introducing the deposition, but this shall not shall not apply to the use by an adverse party of a
apply to the use by an adverse party of a deposition as described in paragraph (b) of Section 4 of
deposition as described in paragraph (b) of this Rule. (8)
section 4 of this Rule. (8, R24)
Section 9. Rebutting deposition. — At the trial Section 9. Rebutting deposition. — At the trial or
or hearing any party may rebut any hearing, any party may rebut any relevant evidence
relevant evidence contained in a deposition contained in a deposition whether introduced by him or
whether introduced by him or by any other her or by any other party. (9a)
party. (9, R24)
Section 10. Persons before whom depositions Section 10. Persons before whom depositions may
may be taken within the Philippines. — Within the be taken within the Philippines. — Within the
Philippines depositions may be taken before Philippines, depositions may be taken before any
any
COMPARATIVE MATRIX
judge, notary public, or the person referred to judge, notary public, or the person referred to in
in section 14 hereof. (10a, R24) Section 14 hereof. (10)
Section 11. Persons before whom depositions Section 11. Persons before whom depositions may
may be taken in foreign countries. — In a foreign be taken in foreign countries. — In a foreign state or
state or country, depositions may be taken (a) country, depositions may be taken (a) on notice before a
on notice before a secretary of embassy or secretary of embassy or legation, consul general, consul,
legation, consul general, consul, vice-consul, vice-consul, or consular agent of the Republic of the
or consular agent of the Republic of the Philippines; (b) before such person or officer as may be
Philippines, (b) before such person or officer appointed by commission or under letters rogatory; or
as may be appointed by commission or (c) the person referred to in Section 14 hereof. (11)
under letters rogatory; or (c) the person
referred to in section 14 hereof. (11a, R24)
Section 12. Commission or letters rogatory. — A Section 12. Commission or letters rogatory. — A
commission or letters rogatory shall be issued commission or letters rogatory shall be issued only when
only when necessary or convenient, on necessary or convenient, on application and notice, and
application and notice, and on such terms, and on such terms and with such direction as are just and
with such direction as are just and appropriate. Officers may be designated in notices or
appropriate. Officers may be designated in commissions either by name or descriptive title and
notices or commissions either by name or letters rogatory may be addressed to the appropriate
descriptive title and letters rogatory may be judicial authority in the foreign country. (12)
addressed to the appropriate judicial authority in
the foreign country. (12a, R24)
Section 13. Disqualification by interest. — No Section 13. Disqualification by interest. — No

deposition shall be taken before a person who deposition shall be taken before a person who is a
is a
COMPARATIVE MATRIX
relative within the sixth degree of consanguinity relative within the sixth degree of consanguinity or
or affinity, or employee or counsel of any of affinity, or employee or counsel of any of the parties; or
the parties, or who is a relative within the who is a relative within the same degree, or employee of
same degree, or employee of such counsel; or such counsel; or who is financially interested in the
who is financially interested in the action. action. (13)
(13a, R24)
Section 14. Stipulations regarding taking of Section 14. Stipulations regarding taking of
depositions. — If the parties so stipulate in depositions. — If the parties so stipulate in writing,
writing, depositions may be taken before depositions may be taken before any person authorized
any person authorized to administer oaths, at to administer oaths, at any time or place, in accordance
any time or place, in accordance with these with these Rules, and when so taken may be used like
Rules and when so taken may be used like other depositions. (14)
other depositions. (14a, R24)
Section 15. Deposition upon oral Section 15. Deposition upon oral examination; notice;
examination; notice; time and place. — A party time and place. — A party desiring to take the deposition
desiring to take the deposition of any person of any person upon oral examination shall give reasonable
upon oral examination shall give reasonable notice in writing to every other party to the action. The
notice in writing, to every other party to the notice shall state the time and place for taking the
action. The notice shall state the time and place deposition and the name and address of each person to be
for taking the deposition and the name and examined, if known, and if the name is not known, a
address of each person to be examined, if general description sufficient to identify him or her or the
known, and if the name is not known, a particular class or group to which he or she belongs. On
general description sufficient to identify him motion of any party upon whom the notice is served, the
or the particular class or group to which he court may for cause shown enlarge or shorten the time.
belongs. On motion of any party upon whom (15a)
the notice is served, the court may for cause
shown enlarge or shorten the time. (15, R24)
COMPARATIVE MATRIX
Section 16. Orders for the protection of parties Section 16. Orders for the protection of parties and
and deponents. — After notice is served for deponents. — After notice is served for taking a
taking a deposition by oral examination, upon deposition by oral examination, upon motion seasonably
motion seasonably made by any party or by made by any party or by the person to be examined and
the person to be examined and for good cause for good cause shown, the court in which the action is
shown, the court in which the action is pending may make the following orders:
pending may make an order that the
deposition shall not be taken, or that it may be (a) That the deposition shall not be taken;
taken only at some designated place other than
that stated in the notice, or that it may be (b) That the deposition may be taken only at some
taken only on written interrogatories, or designated place other than that stated in the
that certain matters shall not be inquired into, notice;
or that the scope of the examination shall be
(c) That the deposition may be taken only on
held with no one present except the parties to
written interrogatories;
the action and their officers or counsel, or that
after being sealed the deposition shall be opened (d) That certain matters shall not be inquired into;
only by order of the court, or that secret
processes, developments, or research need not (e) That the scope of the examination shall be held
be disclosed, or that the parties shall with no one present except the parties to the
simultaneously file specified documents or action and their officers or counsel;
information enclosed in sealed envelopes to
be opened as directed by the court or the (f) That after being sealed the deposition shall be
court may make any other order which justice opened only by order of the court;
requires to protect the party or witness from
annoyance, embarrassment, or oppression. (g) That secret processes, developments, or
(16a, R24) research need not be disclosed; or
COMPARATIVE MATRIX
(h) That the parties shall simultaneously file specified

documents or information enclosed in sealed
envelopes to be opened as directed by the court.
The court may make any other order which justice

requires to protect the party or witness from
annoyance, embarrassment, or oppression. (16a)
Section 17. Record of Section 17. Record of examination; oath; objections.

examination, oath; objections. — The officer — The officer before whom the deposition is to be taken
before whom the deposition is to be taken shall put the witness on oath and shall personally, or by
shall put the witness on oath and shall some one acting under his or her direction and in his or
personally, or by some one acting under his her presence, record the testimony of the witness. The
direction and in his presence, record the testimony shall be taken stenographically unless the
testimony of the witness. The testimony shall be parties agree otherwise. All objections made at the time
taken stenographically unless the parties agree of the examination to the qualifications of the officer
otherwise. All objections made at the time of the taking the deposition, or to the manner of taking it, or to
examination to the qualifications of the officer the evidence presented, or to the conduct of any party,
taking the deposition, or to the manner of talking and any other objection to the proceedings, shall be
it, or to the evidence presented, or to the noted by the officer upon the deposition. Evidence
conduct of any party, and any other objection objected to shall be taken subject to the objections. In
lieu of participating in the oral examination, parties
to the proceedings, shall be noted by the officer
served with notice of taking a deposition may transmit
upon the deposition. Evidence objected to shall
written interrogatories to the officers, who shall
be taken subject to the objections. In lieu of
propound
participating in the oral examination, parties
served with notice of taking a deposition may
transmit written interrogatories to the officers,
who shall propound them to the witness and
record the answers verbatim. (17, R24)
COMPARATIVE MATRIX
them to the witness and record the answers

verbatim. (17a)
Section 18. Motion to terminate or limit Section 18. Motion to terminate or limit
examination. — At any time during the taking examination. — At any time during the taking of the
of the deposition, on motion or petition of any deposition, on motion or petition of any party or of the
party or of the deponent, and upon a showing deponent and upon a showing that the examination is
that the examination is being conducted in being conducted in bad faith or in such manner as
bad faith or in such manner as unreasonably unreasonably to annoy, embarrass, or oppress the
to annoy, embarrass, or oppress the deponent deponent or party, the court in which the action is
or party, the court in which the action is pending or the Regional Trial Court of the place where
pending or the Regional Trial Court of the the deposition is being taken may order the officer
place where the deposition is being taken conducting the examination to cease forthwith from
may order the officer conducting the taking the deposition, or may limit the scope and
examination to cease forthwith from taking the manner of the taking of the deposition, as provided in
deposition, or may limit the scope and manner Section 16 of this Rule. If the order made terminates the
of the taking of the deposition, as provided examination, it shall be resumed thereafter only upon
in section 16 of this Rule. If the order made
the order of the court in which the action is pending.
Upon demand of the objecting party or deponent, the
terminates the examination, it shall be
taking of the deposition shall be suspended for the time
resumed thereafter only upon the order of the
necessary to make a notice for an order. In granting or
court in which the action is pending. Upon refusing such order, the court may impose upon either
demand of the objecting party or deponent, party or upon the witness the requirement to pay such
the taking of the deposition shall be costs or expenses as the court may deem reasonable.
suspended for the time necessary to make a (18)
notice for an order. In granting or refusing
such order, the court may impose upon either
party or upon the witness the requirement to
pay such costs or expenses as the court may
deem reasonable. (18a, R24)
COMPARATIVE MATRIX
Section 19. Submission to Section 19. Submission to witness; changes;

witness; changes; signing. — When the signing. — When the testimony is fully transcribed, the
testimony is fully transcribed, the deposition deposition shall be submitted to the witness for
shall be submitted to the witness for examination and shall be read to or by him or her, unless
examination and shall be read to or by him, such examination and reading are waived by the witness
unless such examination and reading are and by the parties. Any changes in form or substance
waived by the witness and by the parties. which the witness desires to make shall be entered upon
Any changes in form or substance which the the deposition by the officer with a statement of the
witness desires to make shall be entered upon reasons given by the witness for making them. The
the deposition by the officer with a statement deposition shall then be signed by the witness, unless the
of the reasons given by the witness for making parties by stipulation waive the signing or the witness is
them. The deposition shall then be signed by ill or cannot be found or refuses to sign. If the deposition
the witness, unless the parties by stipulation is not signed by the witness, the officer shall sign it and
waive the signing or the witness is ill or cannot
state on the record the fact of the waiver or of the illness
or absence of the witness or the fact of the refusal to sign
be found or refuses to sign. If the deposition is
together with the reason given therefor, if any, and the
not signed by the witness, the officer shall
deposition may then be used as fully as though signed,
sign it and state on the record the fact of the unless on a motion to suppress under Section 29(f) of
waiver or of the illness or absence of the this Rule, the court holds that the reasons given for the
witness or the fact of the refusal to sign refusal to sign require rejection of the deposition in
together with the reason be given therefor, if whole or in part. (19a)
any, and the deposition may then be used as
fully as though signed, unless on a motion to
suppress under section 29 (f) of this Rule, the
court holds that the reasons given for the
refusal to sign require rejection of the
deposition in whole or in part. (19a, R24)
Section 20. Certification, and filing by officer. Section 20. Certification and filing by officer. — The
— The officer shall certify on the deposition officer shall certify on the deposition that the
that the
COMPARATIVE MATRIX
witness was duly sworn to by him and that the witness was duly sworn to by him or her and that the
deposition is a true record of the testimony deposition is a true record of the testimony given by the
given by the witness. He shall then securely witness. He or she shall then securely seal the deposition
seal the deposition in an envelope indorsed with in an envelope indorsed with the title of the action and
the title of the action and marked "Deposition of marked "Deposition of (here insert the name of witness)"
(here insert the name of witness)" and shall and shall promptly file it with the court in which the
promptly file it with the court in which the action is pending or send it by registered mail to the
action is pending or send it by registered mail clerk thereof for filing. (20a)
to the clerk thereof for filing. (20, R24)
Section 21. Notice of filing. — The officer Section 21. Notice of filing. — The officer taking the
taking the deposition shall give prompt notice deposition shall give prompt notice of its filing to all the
of its filing to all the parties. (21, R24) parties. (21)
Section 22. Furnishing copies. — Upon Section 22. Furnishing copies. — Upon payment of
payment of reasonable charges therefor, the reasonable charges therefor, the officer shall furnish a
officer shall furnish a copy of the deposition copy of the deposition to any party or to the deponent.
to any party or to the deponent. (22, R24) (22)
Section 23. Failure to attend of party giving Section 23. Failure to attend of party giving notice.
notice. — If the party giving the notice of the — If the party giving the notice of the taking of a
taking of a deposition fails to attend and deposition fails to attend and proceed therewith and
proceed therewith and another attends in another attends in person or by counsel pursuant to the
person or by counsel pursuant to the notice, notice, the court may order the party giving the notice to
the court may order the party giving the notice pay such other party the amount of the
to pay such other party the amount of the reasonable expenses incurred by him or her and his
reasonable expenses
COMPARATIVE MATRIX
incurred by him and his counsel in so or her counsel in so attending, including reasonable
attending, including reasonable attorney's attorney's fees. (23a)
fees. (23a, R24)
Section 24. Failure of party giving notice to serve Section 24. Failure of party giving notice to serve
subpoena. — If the party giving the notice of subpoena. — If the party giving the notice of the taking
the taking of a deposition of a witness fails to of a deposition of a witness fails to serve a subpoena
serve a subpoena upon him and the witness upon him or her and the witness because of such failure
because of such failure does not attend, and if does not attend, and if another party attends in person or
another party attends in person or by by counsel because he or she expects the deposition of
counsel because he expects the deposition of that witness to be taken, the court may order the party
that witness to be taken, the court may order giving the notice to pay such other party the amount of
the party giving the notice to pay to such the reasonable expenses incurred by him or her and his
other party the amount of the reasonable or her counsel in so attending, including reasonable
expenses incurred by him and his counsel in attorney's fees. (24a)
so attending, including reasonable attorney's
fees. (24a, R24)
Section 25. Deposition upon written Section 25. Deposition upon written interrogatories;
interrogatories; service of notice and of service of notice and of interrogatories. — A party
interrogatories. — A party desiring to take the desiring to take the deposition of any person upon written
deposition of any person upon written interrogatories shall serve them upon every other party
interrogatories shall serve them upon every with a notice stating the name and address of the person
other party with a notice stating the name and who is to answer them and the name or descriptive title
address of the person who is to answer and address of the officer before whom the deposition is
them and the name or descriptive title and to be taken.
address of the officer before whom the
deposition is to be taken. Within ten (10) days Within ten (10) calendar days thereafter, a party so
thereafter, a party so served may serve served may serve crossinterrogatories upon the party
cross-interrogatories upon the party proposing to take the deposition. Within five
proposing to take the deposition. Within five
(5)
COMPARATIVE MATRIX
days thereafter, the latter may serve re-direct (5) calendar days thereafter the latter may serve re- direct
interrogatories upon a party who has served interrogatories upon a party who has served cross-
cross-interrogatories. Within three (3) days after interrogatories. Within three (3) calendar days after
being served with re-direct interrogatories, a being served with re-direct interrogatories, a party may
party may serve recross-interrogatories upon serve recross-interrogatories upon the party proposing to
the party proposing to take the deposition. take the deposition. (25a)
(25, R24)
Section 26. Officers to take responses and Section 26. Officers to take responses and prepare
prepare record. — A copy of the notice and record. — A copy of the notice and copies of all
copies of all interrogatories served shall be interrogatories served shall be delivered by the party
delivered by the party taking the deposition taking the deposition to the officer designated in the
to the officer designated in the notice, who notice, who shall proceed promptly, in the manner
shall proceed promptly, in the manner provided provided by Sections 17, 19 and 20 of this Rule, to take
by sections 17, 19 and 20 of this Rule, to take the testimony of the witness in response to the
the testimony of the witness in response to interrogatories and to prepare, certify, and file or mail
the interrogatories and to prepare, certify, and the deposition, attaching thereto the copy of the notice
file or mail the deposition, attaching thereto and the interrogatories received by him or her. (26a)
the copy of the notice and the interrogatories
received by him. (26, R24)
Section 27. Notice of filing and furnishing copies. Section 27. Notice of filing and furnishing copies.
— When a deposition upon interrogatories is —When a deposition upon interrogatories is filed, the
filed, the officer taking it shall promptly give officer taking it shall promptly give notice thereof to all
notice thereof to all the parties, and may furnish the parties and may furnish copies to them or to the
copies to them or to the deponent upon deponent upon payment of reasonable charges therefor.
payment of reasonable charges therefor. (27, (27)
R24)
COMPARATIVE MATRIX
Section 28. Order for the protection of parties Section 28. Orders for the protection of parties and
and deponents. — After the service of the deponents. — After the service of the interrogatories
interrogatories and prior to the taking of and prior to the taking of the testimony of the deponent,
the testimony of the deponent, the court in the court in which the action is pending, on motion
which the action is pending, on motion promptly made by a party or a deponent, and for good
promptly made by a party or a deponent, and cause shown, may make any order specified in Sections
for good cause shown, may make any order 15, 16 and 18 of this Rule which is appropriate and just
specified in sections 15, 16 and 18 of this Rule or an order that the deposition shall not be taken before
which is appropriate and just or an order that the officer designated in the notice or that it shall not be
the deposition shall not be taken before the taken except upon oral examination. (28)
officer designated in the notice or that it shall
not be taken except upon oral examination.
(28a, R24)
Section 29. Effect of errors and irregularities Section 29. Effect of errors and irregularities in
in depositions. — depositions. —
(a) As to notice. — All errors and (a) As to notice. — All errors and irregularities in
irregularities in the notice for taking the notice for taking a deposition are waived
a deposition are waived unless unless written objection is promptly served upon
written objection is promptly served the party giving the notice.
upon the party giving the notice.
(b) As to disqualification of officer. — Objection to
(b)As to disqualification of officer. — taking a deposition because of disqualification of
Objection to taking a deposition the officer before whom it is to be taken is waived
because of disqualification of the unless made before the taking of the deposition
officer before whom it is to be taken begins or as soon
is waived unless
made before the taking of the
deposition
COMPARATIVE MATRIX
begins or as soon thereafter as the thereafter as the disqualification becomes

disqualification becomes known or known or could be discovered with
could be discovered with reasonable reasonable diligence.
diligence.
(c) As to competency or relevancy of evidence.
(c) As to competency or relevancy of — Objections to the competency of a witness or
evidence. — Objections to the the competency, relevancy, or materiality of
competency of witness or the testimony are not waived by failure to make them
competency, relevancy, or materiality of before or during the taking of the deposition,
testimony are not waived by failure to unless the ground of the objection is one which
make them before or during the taking might have been obviated or removed if presented
of the deposition, unless the ground, at that time.
of the objection is one which might
have been obviated or removed if (d) As to oral examination and other particulars.
presented at that time. — Errors and irregularities occurring at the oral
examination in the manner of taking the
(d)As to oral examination and other deposition, in the form of the questions or
particulars. — Errors and irregularities answers, in the oath or affirmation, or in the
occurring at the oral examination in the conduct of the parties and errors of any kind
manner of taking the deposition in the which might be obviated, removed, or cured if
form of the questions or answers, in the promptly prosecuted, are waived unless
oath or affirmation, or in the conduct of reasonable objection thereto is made at the taking
the parties and errors of any kind of the deposition.
which might be obviated, removed, or
cured if promptly prosecuted, are (e) As to form of written interrogatories. —
waived unless reasonable objection Objections to the form of written
thereto is made at the taking of the interrogatories submitted under Sections 25
deposition. and 26 of this Rule are waived unless served
in writing upon the party propounding them
(e) As to form of written interrogatories. —
Objections to the form of written
interrogatories submitted under sections
25 and 26 of this Rule are waived
unless served in writing upon the
party
COMPARATIVE MATRIX
propounding them within the time within the time allowed for serving succeeding
allowed for serving succeeding cross cross or other interrogatories and within three
or other interrogatories and within three (3) calendar days after service of the last
(3) days after service of the last interrogatories authorized.
interrogatories authorized.
(f) As to manner of preparation. — Errors and
(f) As to manner of preparation. — Errors irregularities in the manner in which the
and irregularities in the manner in testimony is transcribed or the deposition is
which the testimony is transcribed or prepared, signed, certified, sealed, indorsed,
the deposition is prepared, signed, transmitted, filed, or otherwise dealt with by the
certified, sealed, indorsed, transmitted, officer under Sections 17, 19, 20 and 26 of this
filed, or otherwise dealt with by the Rules are waived unless a motion to suppress the
officer under sections 17, 19, 20 and deposition or some part thereof is made with
26 of this Rule are waived unless a reasonable promptness after such defect is, or
motion to suppress the deposition or with due diligence might have been, ascertained.
some part thereof is made with (29a)
reasonable promptness after such
defect is, or with due diligence might
have been, ascertained. (29a, R24)
RULE 24 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
Section 1. Depositions before action; petition. — Section 1. Depositions before action; petition. —
A person who desires to perpetuate his A person who desires to perpetuate his or her own
own testimony or that of another person testimony or that of another person regarding any
regarding any matter that may be cognizable in matter that may be cognizable in any court of
any court of the Philippines may file a verified the Philippines, may file a verified petition in the
petition in the court
COMPARATIVE MATRIX
of the place of the residence of any court of the place of the residence of any
expected adverse party. (1a R134) expected adverse party. (1a)
Section 2. Contents of petition. — The petition Section 2. Contents of petition. — The petition
shall be entitled in the name of the petitioner shall be entitled in the name of the petitioner and shall
and shall show: (a) that the petitioner expects show: (a) that the petitioner expects to be a party to an
to be a party to an action in a court of the action in a court of the Philippines but is presently
Philippines but is presently unable to bring it unable to bring it or cause it to be brought; (b) the
or cause it to be brought; (b) the subject subject matter of the expected action and his or her
matter of the expected action and his interest interest therein; (c) the facts which he or she desires to
therein; (c) the facts which he desires to establish by the proposed testimony and his or her
establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names or a
reasons for desiring to perpetuate it; (d) the description of the persons he or she expects will be
names or a description of the persons he adverse parties and their addresses so far as known;
expects will be adverse parties and their and (e) the names and addresses of the persons to be
addresses so far as known; and (e) the examined and the substance of the testimony which he
names and addresses of the persons to be or she expects to elicit from each, and shall ask for an
examined and the substance of the testimony
order authorizing the petitioner to take the depositions
of the persons to be examined named in the petition for
which he expects to elicit from each, and
the purpose of perpetuating their testimony. (2a)
shall ask for an order authorizing the
petitioner to take the depositions of the persons
to be examined named in the petition for the
purpose of perpetuating their testimony. (2,
R134)
Section 3. Notice and service. — The Section 3. Notice and service. — The petitioner
petitioner shall serve a notice upon each shall serve a notice upon each person named in the
person named in the petition as an expected petition as an expected adverse party,
adverse party, together with a copy of the together with a copy of the petition, stating that
petition, stating that the
COMPARATIVE MATRIX
petitioner will apply to the court, at a time and the petitioner will apply to the court, at a time and
place named therein, for the order described in place named therein, for the order described in the
the petition. At least twenty (20) days before the petition. At least twenty (20) calendar days before the
date of the hearing, the court shall cause notice date of the hearing, the court shall cause notice
thereof to be served on the parties and thereof to be served on the parties and prospective
prospective deponents in the manner provided deponents in the manner provided for service of
for service of summons. (3a, R134) summons. (3a)
Section 4. Order and examination. — If the Section 4. Order and examination. — If the court is
court is satisfied that the perpetuation of the satisfied that the perpetuation of the testimony may
testimony may prevent a failure or delay of prevent a failure or delay of justice, it shall make an
justice, it shall make an order designating or order designating or describing the persons whose
describing the persons whose deposition deposition may be taken and specifying the subject
may be taken and specifying the subject matter of the examination and whether the depositions
matter of the examination and whether the shall be taken upon oral examination or written
depositions shall be taken upon oral interrogatories. The depositions may then be taken in
examination or written interrogatories. The accordance with Rule 23 before the hearing. (4)
depositions may be taken in accordance with
Rule 23 before the hearing. (4a, R134)
Section 5. Reference to court. — For the Section 5. Reference to court. — For the purpose of
purpose of applying Rule 23 to depositions for applying Rule 23 to depositions for perpetuating
perpetuating testimony, each reference testimony, each reference therein to the court in which
therein to the court in which the action is the action is pending shall be deemed to refer to the
pending shall be deemed to refer to the court court in which the petition for such deposition was
in which the petition for such deposition filed. (5)
was filed. (5a, R134)
COMPARATIVE MATRIX
Section 6. Use of deposition. — If a deposition Section 6. Use of deposition. — If a deposition to

to perpetuate testimony is taken under this perpetuate testimony is taken under this Rule, or if,
Rule, or if, although not so taken, it would be although not so taken, it would be admissible in
admissible in evidence, it may be used in any evidence, it may be used in any action involving the
action involving the same subject matter sub- same subject matter subsequently brought in accordance
sequently brought in accordance with the with the provisions of Sections 4 and 5 of Rule 23. (6)
provisions of sections 4 and 5 of Rule 23. (6a,
R134)
Section 7. Depositions pending appeal. — If an Section 7. Depositions pending appeal. — If an

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

thereof. — Under the same conditions specified thereof. — Upon ex parte motion, any party desiring to
in section 1 of Rule 23, any party desiring to elicit material and relevant facts from any adverse
elicit material and relevant facts from any parties shall file and serve upon the latter written
adverse parties shall file and serve upon the interrogatories to be answered by the party served or, if
latter written interrogatories to be answered by the party served is a public or private corporation or a
the party served or, if the party served is a partnership or association, by any officer thereof
public or private corporation or a partnership competent to testify in its behalf. (1a)
or association, by any officer thereof
competent to testify in its behalf. (1a)
Section 2. Answer to interrogatories. — The Section 2. Answer to interrogatories. — The

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

Objections to any interrogatories may be Objections to any interrogatories may be presented to
presented to the court within ten (10) days the court within ten (10) calendar days after service
after service thereof, with notice as in case of a thereof, with notice as in case of a motion; and answers
motion; and answers shall be deferred until the shall be deferred until the objections are resolved, which
objections are resolved, which shall be at as shall be at as early a time as is practicable. (3a)
early a time as is practicable. (3a)
Section 4. Number of interrogatories. — No Section 4. Number of interrogatories. — No party

party may, without leave of court, serve more may, without leave of court, serve more than one set of
than one set of interrogatories to be answered interrogatories to be answered by the same party. (4)
by the same party. (4)
Section 5. Scope and use of interrogatories. — Section 5. Scope and use of interrogatories. —
Interrogatories may relate to any matters that Interrogatories may relate to any matters that can be
can be inquired into under section 2 of Rule inquired into under Section 2 of Rule 23, and the
23, and the answers may be used for the answers may be used for the same purposes provided in
same purposes provided in section 4 of the Section 4 of the same Rule. (5)
same Rule. (5a)
Section 6. Effect of failure to serve written Section 6. Effect of failure to serve written
interrogatories. — Unless thereafter allowed by interrogatories. — Unless thereafter allowed by the
the court for good cause shown and to court for good cause shown and to prevent a failure of
prevent a failure of justice, a party not served justice, a party not served with written
with written
COMPARATIVE MATRIX
interrogatories may not be compelled by the interrogatories may not be compelled by the adverse
adverse party to give testimony in open court, party to give testimony in open court, or to give a
or to give a deposition pending appeal. (n) deposition pending appeal. (6)
RULE 26 ADMISSION BY ADVERSE PARTY
Section 1. Request for admission. — At any Section 1. Request for admission. — At any time
time after issues have been joined, a party may after issues have been joined, a party may file and serve
file and serve upon any other party may file upon any other party a written request for the admission
and serve upon any other party a written by the latter of the genuineness of any material and
request for the admission by the latter of the relevant document described in and exhibited with the
genuineness of any material and relevant request or of the truth of any material and relevant matter
document described in and exhibited with the of fact set forth in the request. Copies of the documents
request or of the truth of any material and shall be delivered with the request unless copies have
relevant matter of fact set forth in the request. already been furnished. (1)
Copies of the documents shall be delivered
with the request unless copy have already
been furnished. (1a)
Section 2. Implied admission. — Each of the Section 2. Implied admission. — Each of the matters
matters of which an admission is requested of which an admission is requested shall be deemed
shall be deemed admitted unless, within a admitted unless, within a period designated in the
period designated in the request, which shall request, which shall not be less than fifteen (15) calendar
not be less than fifteen (15) days after service days after service thereof, or within such further time as
thereof, or within such further time as the court the court may allow on motion, the party to whom the
may allow on motion, the party to whom the request is directed files and serves upon the party
request is directed files and serves upon the requesting the admission a sworn statement either
party requesting the admission a sworn denying
statement either denying
specifically the matters of which an admission
is
COMPARATIVE MATRIX
requested or setting forth in detail the reasons specifically the matters of which an admission is
why he cannot truthfully either admit or deny requested or setting forth in detail the reasons why he
those matters. or she cannot truthfully either admit or deny those
matters.
Objections to any request for admission shall
be submitted to the court by the party Objections to any request for admission shall be
requested within the period for and prior to submitted to the court by the party requested within the
the filing of his sworn statement as period for and prior to the filing of his or her sworn
contemplated in the preceding paragraph and statement as contemplated in the preceding paragraph
his compliance therewith shall be deferred until and his or her compliance therewith shall be deferred
such objections are resolved, which resolution until such objections are resolved, which resolution shall
shall be made as early as practicable. (2a) be made as early as practicable. (2a)
Section 3. Effect of admission. — Any Section 3. Effect of admission. — Any admission

admission made by a party pursuant to such made by a party pursuant to such request is for the
request is for the purpose of the pending purpose of the pending action only and shall not
action only and shall not constitute an constitute an admission by him or her for any other
admission by him for any other purpose nor purpose nor may the same be used against him or her in
may the same be used against him in any any other proceeding. (3a)
other proceeding. (3)
Section 4. Withdrawal. — The court may allow Section 4. Withdrawal. — The court may allow the
the party making an admission under the party making an admission under this Rule, whether
Rule, whether express or implied, to withdraw or express or implied, to withdraw or amend it upon such
amend it upon such terms as may be just. terms as may be just. (4)
(4)
COMPARATIVE MATRIX
Section 5. Effect of failure to file and serve Section 5. Effect of failure to file and serve request
request for admission. — Unless otherwise for admission. — Unless otherwise allowed by the court
allowed by the court for good cause shown for good cause shown and to prevent a failure of justice,
and to prevent a failure of justice a party who a party who fails to file and serve a request for
fails to file and serve a request for admission admission on the adverse party of material and relevant
on the adverse party of material and relevant facts at issue which are, or ought to be, within the
facts at issue which are, or ought to be, within personal knowledge of the latter, shall not be permitted
the personal knowledge of the latter, shall not to present evidence on such facts. (5)
be permitted to present evidence on such
facts. (n)
RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
Section 1. Motion for production or Section 1. Motion for production or inspection;

inspection; order. — Upon motion of any order. — Upon motion of any party showing good cause
party therefor, the court in which an action is pending may (a)
showing good cause therefor, the court in order any party to produce and permit the inspection and
which an action is pending may (a) order any copying or photographing, by or on behalf of the moving
party to produce and permit the inspection and party, of any designated documents, papers, books,
copying or photographing, by or on behalf of accounts, letters, photographs, objects or tangible things,
the moving party, of any designated not privileged, which constitute or contain evidence
documents, papers, books, accounts, letters, material to any matter involved in the action and which
photographs, objects or tangible things, not are in his or her possession, custody or control; or (b)
privileged, which constitute or contain evidence order any party to permit entry upon designated land or
material to any matter involved in the action other property in his or her
and which are in his possession, custody or
control, or (b) order any party to permit entry
upon designated land or other property in his
possession or control for the purpose of
COMPARATIVE MATRIX
inspecting, measuring, surveying, or possession or control for the purpose of inspecting,

photographing the property or any designated measuring, surveying, or photographing the property or
relevant object or operation thereon. The order any designated relevant object or operation thereon. The
shall specify the time, place and manner of order shall specify the time, place and manner of
making the inspection and taking copies and making the inspection and taking copies and
photographs, and may prescribe such terms photographs, and may prescribe such terms and
and conditions as are just. (1a) conditions as are just. (1a)
RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS
Section 1. When examination may be ordered. — Section 1. When examination may be ordered. —
In an action in which the mental or physical In an action in which the mental or physical condition
condition of a party is in controversy, the of a party is in controversy, the court in which the
court in which the action is pending may in its action is pending may in its discretion order him or
discretion order him to submit to a physical her to submit to a physical or mental examination by a
or mental examination by a physician. (1) physician. (1a)
Section 2. Order for examination. — The order Section 2. Order for examination. — The order for
for examination may be made only on examination may be made only on motion for good
motion for good cause shown and upon notice cause shown and upon notice to the party to be
to the party to be examined and to all other examined and to all other parties, and shall specify the
parties, and shall specify the time, place, time, place, manner, conditions and scope of the
manner, conditions and scope of the examination and the person or persons by whom it is to
examination and the person or persons by be made. (2)
whom it is to be made. (2)
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Section 3. Report of findings. — If requested by Section 3. Report of findings. — If requested by the

the party examined, the party causing the party examined, the party causing the examination to be
examination to be made shall deliver to him a made shall deliver to him or her a copy of a detailed
copy of a detailed written report of the written report of the examining physician setting out his
examining physician setting out his findings and or her findings and conclusions. After such request and
conclusions. After such request and delivery, the delivery, the party causing the examination to be made
party causing the examination to be made shall shall be entitled upon request to receive from the party
be entitled upon request to receive from the examined a like report of any examination, previously or
party examined a like report of any thereafter made, of the same mental or physical
examination, previously or thereafter made, of condition. If the party examined refuses to deliver such
the same mental or physical condition. If the report, the court on motion and notice may make an order
party examined refuses to deliver such report, requiring delivery on such terms as are just, and if a
the court on motion and notice may make an physician fails or refuses to make such a report, the court
order requiring delivery on such terms as are may exclude his or her testimony if offered at the trial.
(3a)
just, and if a physician fails or refuses to make
such a report the court may exclude his
testimony if offered at the trial. (3a)
Section 4. Waiver of privilege. — By requesting Section 4. Waiver of privilege. — By requesting and

and obtaining a report of the examination so obtaining a report of the examination so ordered or by
ordered or by taking the deposition of the taking the deposition of the examiner, the party
examiner, the party examined waives any examined waives any privilege he or she may have in
privilege he may have in that action or any that action or any other involving the same controversy,
other involving the same controversy, regarding regarding the testimony of every other person who has
the testimony of every other person who has examined or may thereafter examine him or her in
examined or may thereafter examine him in respect of the same mental or physical examination. (4a)
respect of the same mental or physical
examination. (4)
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RULE 29 REFUSAL TO COMPLY WITH MODES OF DISCOVERY
Section 1. Refusal to answer. — If a party or Section 1. Refusal to answer. — If a party or other

other deponent refuses to answer any deponent refuses to answer any question upon oral
question upon oral examination, the examination, the examination may be completed on
examination may be completed on other other matters or adjourned as the proponent of the
matters or adjourned as the proponent of the question may prefer. The proponent may thereafter apply
question may prefer. The proponent may to the proper court of the place where the deposition is
thereafter apply to the proper court of the place being taken, for an order to compel an answer. The same
where the deposition is being taken, for an procedure may be availed of when a party or a witness
order to compel an answer. The same refuses to answer any interrogatory submitted under
procedure may be availed of when a party Rules 23 or 25.
or a witness refuses to answer any
interrogatory submitted under Rules 23 or
If the application is granted, the court shall require the
refusing party or deponent to answer the question or
25.
interrogatory and if it also finds that the refusal to
answer was without substantial justification, it may
If the application is granted, the court shall
require the refusing party or deponent or the counsel
require the refusing party or deponent to
advising the refusal, or both of them, to pay the
answer the question or interrogatory and if it proponent the amount of the reasonable expenses
also finds that the refusal to answer was incurred in obtaining the order, including attorney's
without substantial justification, it may fees.
require the refusing party or deponent or the
counsel advising the refusal, or both of them, If the application is denied and the court finds that it was
to pay the proponent the amount of the filed without substantial justification, the court may
reasonable expenses incurred in obtaining the require the proponent or the counsel advising the filing
order, including attorney's fees. of the application, or both of them, to pay
to the refusing party or deponent the amount of the
If the application is denied and the court finds
that it was filed without substantial
justification, the court may require the
proponent or the counsel advising the filing of
the application, or both of them, to pay to the
refusing party or deponent the
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amount of the reasonable expenses incurred reasonable expenses incurred in opposing the
in opposing the application, including attorney's application, including attorney's fees. (1)
fees. (1a)
Section 2. Contempt of court. — If a party or Section 2. Contempt of court. — If a party or other

other witness refuses to be sworn or refuses witness refuses to be sworn or refuses to answer any
to answer any question after being directed to question after being directed to do so by the court of the
do so by the court of the place in which the place in which the deposition is being taken, the refusal
deposition is being taken, the refusal may be may be considered a contempt of that court (2).
considered a contempt of that court. (2a)
Section 3. Other consequences. — If any party Section 3. Other consequences. — If any party or an
or an officer or managing agent of a party officer or managing agent of a party refuses to obey an
refuses to obey an order made under section order made under Section 1 of this Rule requiring him or
1 of this Rule requiring him to answer her to answer designated questions, or an order under
designated questions, or an order under Rule Rule 27 to produce any document or other thing for
27 to produce any document or other thing for inspection, copying, or photographing or to permit it to
inspection, copying, or photographing or to be done, or to permit entry upon land or other property,
permit it to be done, or to permit entry upon or an order made under Rule 28 requiring him or her to
land or other property or an order made under submit to a physical or mental examination, the court
Rule 28 requiring him to submit to a physical or may make such orders in regard to the refusal as are just,
mental examination, the court may make such and among others the following:
orders in regard to the refusal as are just, and
among others the following:
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(a) An order that the matters regarding (a) An order that the matters regarding which the
which the questions were asked, or the questions were asked, or the character or
character or description of the thing or description of the thing or land, or the contents of
land, or the contents of the paper, or the paper, or the physical or mental condition of
the physical or mental condition of the the party, or any other designated facts shall be
party, or any other designated facts taken to be established for the purposes of the
shall be taken to be established for the action in accordance with the claim of the party
purposes of the action in accordance obtaining the order;
with the claim of the party obtaining
the order; (b)An order refusing to allow the disobedient party to
support or oppose designated claims or defenses
(b)An order refusing to allow the or prohibiting him or her from introducing in
disobedient party to support or evidence designated documents or things or items
oppose designated claims or defenses of testimony, or from introducing evidence of
or prohibiting him from introducing in physical or mental condition;
evidence designated documents or
things or items of testimony, or from (c) An order striking out pleadings or parts thereof, or
introducing evidence of physical or staying further proceedings until the order is
mental condition; obeyed, or dismissing the action or proceeding or
any part thereof, or rendering a judgement by
(c) An order striking out pleadings or default against the disobedient party; and
parts thereof, or staying further
proceedings until the order is obeyed, or (d)In lieu of any of the foregoing orders or in
dismissing the action or proceeding or addition thereto, an order directing the arrest
any part thereof, or rendering a of any party or agent of a party for disobeying
judgment by default against the
disobedient party; and
(d)In lieu of any of the foregoing

orders or in addition thereto, an order
directing the arrest of any party or
agent of a party for
disobeying any of such orders except an
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order to submit to a physical or any of such orders except an order to submit to a

mental examination. (3a) physical or mental examination. (3a)
Section 4. Expenses on refusal to admit. — If a Section 4. Expenses on refusal to admit. — If a party

party after being served with a request under after being served with a request under Rule 26 to admit
Rule 26 to admit the genuineness of any the genuineness of any document or the truth of any
document or the truth of any matter of fact matter of fact, serves a sworn denial thereof and if the
serves a sworn denial thereof and if the party requesting the admissions thereafter proves the
party requesting the admissions thereafter genuineness of such document or the truth of any such
proves the genuineness of such document or matter of fact, he or she may apply to the court for an
the truth of any such matter of fact, he may order requiring the other party to pay him or her the
apply to the court for an order requiring the reasonable expenses incurred in making such proof,
other party to pay him the reasonable expenses including reasonable attorney's fees. Unless the court
incurred in making such proof, including finds that there were good reasons for the denial or that
attorney's fees. Unless the court finds that admissions sought were of no substantial importance,
there were good reasons for the denial or such order shall be issued. (4a)
that admissions sought were of no
substantial importance, such order shall be
issued. (4a)
Section 5. Failure of party to attend or serve Section 5. Failure of party to attend or serve
answers. — If a party or an officer or answers. — If a party or an officer or managing agent of
managing agent of a party wilfully fails to a party wilfully fails to appear before the officer who is
appear before the officer who is to take his to take his or her deposition, after being served with a
deposition, after being served with a proper proper notice, or fails to serve answers to interrogatories
notice, or fails to serve answers to submitted under Rule 25 after proper service of such
interrogatories submitted under Rule 25 after interrogatories, the
proper service of such interrogatories, the court court on motion and notice, may strike out all or any
on motion and notice, may strike out all or
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any part of any pleading of that party, or part of any pleading of that party, or dismiss the action
dismiss the action or proceeding or any part or proceeding or any part thereof, or enter a judgment by
thereof, or enter a judgment by default against default against that party, and in its discretion, order him
that party, and in its discretion, order him to or her to pay reasonable expenses incurred by the other,
pay reasonable expenses incurred by the including attorney's fees. (5a)
other, including attorney's fees. (5)
Section 6. Expenses against the Republic of the Section 6. Expenses against the Republic of the
Philippines. — Expenses and attorney's fees are Philippines. —Expenses and attorney’s fees are not to be
not to be imposed upon the Republic of the imposed upon the Republic of the Philippines under this
Philippines under this Rule. (6) Rule. (6)
RULE 30 TRIAL
[NOTE: Section 1. Notice of Trial. Section 1. Schedule of trial. — The parties shall
— Deleted] strictly observe the scheduled hearings as agreed upon
and set forth in the pre-trial order.
Section 1. Notice of Trial. — Upon entry of a
case in the trial calendar, the clerk shall (a) The schedule of the trial dates, for both
notify the parties of the date of its trial in plaintiff and defendant, shall be continuous
such manner as shall ensure his receipt of and within the following periods:
that notice at least five
(5) days before such date. (2a, R22) i. The initial presentation of plaintiff’s
evidence shall be set not later than thirty
(30) calendar days after the termination of
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the pre-trial conference. Plaintiff shall be

allowed to present its evidence within a
period of three (3) months or ninety (90)
calendar days which shall include the date
of the judicial dispute resolution, if
necessary;
ii. The initial presentation of defendant’s

evidence shall be set not later than thirty (30)
calendar days after the court’s ruling on
plaintiff’s formal offer of evidence. The
defendant shall be allowed to present its
evidence within a period of three (3) months
or ninety (90) calendar days;
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.
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(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.
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)
Section 2. Adjournments and postponements. — Section 2. Adjournments and postponements. — A

A court may adjourn a trial from day to day, court may adjourn a trial from day to day, and to any
and to any stated time, as the expeditious stated time, as the expeditious and convenient
and convenient transaction of business may transaction of business may require, but shall have no
require, but shall have no power to adjourn power to adjourn a trial for a longer period than one
a trial for a longer period than one month month for each adjournment, nor more than three
for each adjournment nor more than three months in all, except when authorized in writing by the
months in all, except when authorized in Court Administrator, Supreme Court.
writing by the Court Administrator, Supreme
Court. (3a, R22) The party who caused the postponement is warned that
the presentation of its evidence must still be
COMPARATIVE MATRIX
terminated on the remaining dates previously

agreed upon. (2a)
[NOTE: Section 3. Requisites of motion to

postpone trial for absence of evidence. —
Deleted]
Section 3. Requisites of motion to postpone trial

for absence of evidence. — A motion to postpone
a trial on the ground of absence of evidence
can be granted only upon affidavit showing
the materiality or relevancy of such evidence,
and that due diligence has been used 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)
Section 4. Requisites of motion to postpone trial Section 3. Requisites of motion to postpone trial for
for illness of party or counsel. — A motion to illness of party or counsel. — A motion to postpone a
postpone a trial on the ground of illness of a trial on the ground of illness of a party or counsel may
party or counsel may be granted if it be granted if it appears upon affidavit or sworn
appears upon affidavit or sworn certification certification that the presence of such party or counsel at
that the presence of such party or counsel at the trial is indispensable and that the character of his or
the trial is indispensable and that the her illness is such as to render his or her non-attendance
character of his illness is such as to render his excusable. (4a)
non-attendance excusable. (5a, R22)
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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)
Section 5. Order of trial. — Subject to the Section 5. Order of trial. — Subject to the
provisions of section 2 of Rule 31, and unless provisions of Section 2 of Rule 31, and unless the court
the court for special reasons otherwise for special reasons otherwise directs, the trial shall be
directs, the trial shall be limited to the issues limited to the issues stated in the pre-trial order and
stated in the pre- trial order and shall shall proceed as follows:
proceed as follows:
(a) The plaintiff shall adduce evidence in support of
(a) The plaintiff shall adduce evidence his or her complaint;
in support of his complaint;
(b) The defendant shall then adduce evidence in
(b)The defendant shall then support of his or her defense, counterclaim,
adduce evidence in support of his cross-claim and third-party complaint;
defense, counterclaim, cross-claim and
third-party complaints;
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(c) The third-party defendant if any, shall (c) The third-party defendant, if any, shall adduce
adduce evidence of his defense, evidence of his or her defense, counterclaim,
counterclaim, cross-claim and fourth-party cross-claim and fourth-party complaint;
complaint;
(d) The fourth-party, and so forth, if any, shall adduce
(d)The fourth-party, and so forth, if evidence of the material facts pleaded by them;
any, shall adduce evidence of the
material facts pleaded by them; (e) The parties against whom any counterclaim or
cross-claim has been pleaded, shall adduce
(e) The parties against whom any evidence in support of their defense, in the order to
counterclaim or cross-claim has been be prescribed by the court;
pleaded, shall adduce evidence in
support of their defense, in the order to (f) The parties may then respectively adduce rebutting
be prescribed by the court; evidence only, unless the court, for good reasons
and in the furtherance of justice, permits them to
(f) The parties may then respectively adduce evidence upon their original case; and
adduce rebutting evidence only, unless
the court, for good reasons and in the (g) Upon admission of the evidence, the case shall be
furtherance of justice, permits them to deemed submitted for decision, unless the court
adduce evidence upon their original case; directs the parties to argue or to submit their
and respective memoranda or any further pleadings.
(g)Upon admission of the evidence, If several defendants or third-party defendants, and so

the case shall be deemed submitted forth, having separate defenses appear by
for decision, unless the court directs
the parties to argue or to submit
their respective memoranda or any
further pleadings.
If several defendants or third-party defendants,

and so forth, having separate defenses appear
by
COMPARATIVE MATRIX
different counsel, the court shall determine different counsel, the court shall determine the relative
the relative order of presentation of their order of presentation of their evidence. (5a)
evidence. (1a, R30)
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)
Section 6. Agreed statement of facts. — The Section 7. Agreed statement of facts. — The parties
parties to any action may agree, in writing, to any action may agree, in writing, upon the facts
upon the facts involved in the litigation, and involved in the litigation, and submit the case for
submit the case for judgment on the facts judgment on the facts agreed upon, without the
agreed upon, without the introduction of introduction of evidence.
evidence.
If the parties agree only on some of the facts in issue,
If the parties agree only on some of the the trial shall be held as to the disputed facts in such
facts in issue, the trial shall be held as to order as the court shall prescribe. (6)
the disputed facts in such order as the
court shall prescribe. (2a, R30)
[Section 7. Statement of judge. — Deleted]

COMPARATIVE MATRIX
Section 7. Statement of judge. — During the

hearing or trial of 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)
Section 8. Suspension of actions. — The Section 8. Suspension of actions. — The

suspension of actions shall be governed by suspension of actions shall be governed by the
the provisions of the Civil Code. (n) provisions of the Civil Code and other laws. (8a)
Section 9. Judge to receive evidence; delegation Section 9. Judge to receive evidence; delegation to
to clerk of court. — The judge of the court clerk of court. — The judge of the court where the case
where the case is pending shall personally is pending shall personally receive the evidence to be
receive the evidence to be adduced by the adduced by the parties. However, in default or ex parte
parties. However, in default or ex parte hearings, and in any case where the parties agree in
hearings, and in any case where the parties writing, the court may delegate the reception of evidence
agree in writing, the court may delegate the to its clerk of court who is a member of the bar. The
reception of evidence to its clerk of court who clerk of court shall have no power to rule on objections
is a member of the bar. The clerk of court to any question or to the admission of exhibits, which
shall have no power to rule on objections to objections shall be resolved by the court upon
any question or to the admission of exhibits, submission of his or her report and the transcripts within
which objections shall be resolved by the ten (10) calendar days from termination of the hearing.
court upon submission of his report and the (9a)
transcripts within ten (10) days from
termination of the hearing. (n)
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RULE 31 CONSOLIDATION OR SEVERANCE
Section 1. Consolidation. — When actions Section 1. Consolidation. — When actions

involving a common question of law or fact involving a common question of law or fact are
are pending before the court, it may order pending before the court, it may order a joint hearing
a joint hearing or trial of any or all the or trial of any or all the matters in issue in the actions;
matters in issue in the actions; it may order it may order all the actions consolidated; and it may
all the actions consolidated, and it may make such orders concerning proceedings therein as
make such orders concerning proceedings may tend to avoid unnecessary costs or delay. (1)
therein as may tend to avoid unnecessary
costs or delay. (1)
Section 2. Separate trials. — The court, in Section 2. Separate trials. — The court, in
furtherance of convenience or to avoid prejudice, furtherance of convenience or to avoid prejudice, may
may order a separate trial of any claim, order a separate trial of any claim, cross-claim,
cross- claim, counterclaim, or third-party counterclaim, or third-party complaint, or of any
complaint, or of any separate issue or of any separate issue or of any number of claims, crossclaims,
number of claims, cross-claims, counterclaims, counterclaims, third-party complaints or issues. (2)
third-party complaints or issues. (2a)
RULE 32 TRIAL BY COMMISSIONER
Section 1. Reference by consent. — By written Section 1. Reference by consent. — By written

consent of both parties, the court may order any consent of both parties, the court may order any or all
or all of the issues in a case to be referred to of the issues in a case to be referred to a
a
commissioner to be agreed upon by the parties
or
COMPARATIVE MATRIX
to be appointed by the court. As used in commissioner to be agreed upon by the parties or to be

these Rules, the word "commissioner" appointed by the court. As used in these Rules, the word
includes a referee, an auditor and an "commissioner" includes a referee, an auditor and an
examiner. (1a, R33) examiner. (1)
Section 2. Reference ordered on motion. — Section 2. Reference ordered on motion. — When

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

entering upon his duties the commissioner entering upon his or her duties the commissioner
shall
COMPARATIVE MATRIX
be sworn to a faithful and honest shall be sworn to a faithful and honest performance
performance thereof. (14, R33) thereof. (4a)
Section 5. Proceedings before commissioner. — Section 5. Proceedings before commissioner. —

Upon receipt of the order of reference and Upon receipt of the order of reference unless otherwise
unless otherwise provided therein, the provided therein, the commissioner shall forthwith set a
commissioner shall forthwith set a time and time and place for the first meeting of the parties or their
place for the first meeting of the parties or counsel to be held within ten (10) calendar days after the
their counsel to be held within ten (10) days date of the order of reference and shall notify the parties
after the date of the order of reference and or their counsel. (5a)
shall notify the parties or their counsel.
(5a, R33)
Section 6. Failure of parties to appear before Section 6. Failure of parties to appear before
commissioner. — If a party fails to appear at commissioner. — If a party fails to appear at the time
the time and place appointed, the and place appointed, the commissioner may proceed ex
commissioner may proceed ex parte or, in his parte or, in his or her discretion, adjourn the proceedings
discretion, adjourn the proceedings to a to a future day, giving notice to the absent party or his or
future day, giving notice to the absent party her counsel of the adjournment. (6a)
or his counsel of the adjournment. (6a, R33)
Section 7. Refusal of witness. — The refusal Section 7. Refusal of witness. — The refusal of a
of a witness to obey a subpoena issued by witness to obey a subpoena issued by the commissioner
the commissioner or to give evidence before or to give evidence before him or her, shall be deemed a
him, shall be deemed a contempt of the court contempt of the court which appointed the commissioner.
which appointed the commissioner. (7a (7a)
R33)
COMPARATIVE MATRIX
Section 8. Commissioner shall avoid delays. — It Section 8. Commissioner shall avoid delays. — It is
is the duty of the commissioner to proceed with the duty of the commissioner to proceed with all
all reasonable diligence. Either party, on notice reasonable diligence. Either party, on notice to the
to the parties and commissioner, may apply to parties and commissioner, may apply to the court for an
the court for an order requiring the order requiring the commissioner to expedite the
commissioner to expedite the proceedings and proceedings and to make his or her report. (8a)
to make his report. (8a, R33)
Section 9. Report of commissioner. — Upon the Section 9. Report of commissioner. — Upon the
completion of the trial or hearing or completion of the trial or hearing or proceeding before
proceeding before the commissioner, he shall the commissioner, he or she shall file with the court his
file with the court his report in writing upon or her report in writing upon the matters submitted to
the matters submitted to him by the order of him or her by the order of reference. When his or her
reference. When his powers are not specified or powers are not specified or limited, he or she shall set
limited, he shall set forth his findings of fact forth his or her findings of fact and conclusions of law in
and conclusions of law in his report. He shall his or her report. He or she shall attach thereto all
attach thereto all exhibits, affidavits, exhibits, affidavits, depositions, papers and the
depositions, papers and the transcript, if any, of transcript, if any, of the testimonial evidence presented
the testimonial evidence presented before him. before him or her. (9a)
(9a, R33)
Section 10. Notice to parties of the filing of report. Section 10. Notice to parties of the filing of report.
— Upon the filing of the report, the parties — Upon the filing of the report, the parties shall be
shall be notified by the clerk, and they shall be notified by the clerk, and they shall be allowed ten
allowed ten (10) calendar days within which to signify grounds of
(10) days within which to signify grounds of objections to the findings of the report, if they so
objections to the findings of the report, if they desire. Objections to the report based upon
so desire. Objections to the report based
upon
COMPARATIVE MATRIX
grounds which were available to the parties grounds which were available to the parties during the
during the proceedings before the proceedings before the commissioner, other than
commissioner, other than objections to the objections to the findings and conclusions therein set
findings and conclusions therein, set forth, forth, shall not be considered by the court unless they
shall not be considered by the court unless were made before the commissioner. (10a)
they were made before the commissioner.
(10, R33)
Section 11. Hearing upon report. — Upon the Section 11. Hearing upon report. — Upon the
expiration of the period of ten (10) days referred expiration of the period of ten (10) calendar days
to in the preceding section, the report shall be referred to in the preceding section, the report shall be
set for hearing, after which the court shall set for hearing, after which the court shall issue an order
issue an order adopting, modifying, or adopting, modifying, or rejecting the report in whole or
rejecting the report in whole or in part, or in part, or recommitting it with instructions, or requiring
recommitting it with instructions, or requiring the parties to present further evidence before the
the parties to present further evidence before commissioner or the court. (11a)
the commissioner or the court. (11a, R33)
Section 12. Stipulations as to findings. — When Section 12. Stipulations as to findings. — When the
the parties stipulate that a commissioner's parties stipulate that a commissioner's findings of fact
findings of fact shall be final, only questions shall be final, only questions of law shall thereafter be
of law shall thereafter be considered. (12a, considered. (12)
R33)
Section 13. Compensation of commissioner. — Section 13. Compensation of commissioner. —

The court shall allow the commissioner The court shall allow the commissioner such
such reasonable compensation as the reasonable compensation as the circumstances of
circumstances of
COMPARATIVE MATRIX
the case warrant, to be taxed as costs against the case warrant, to be taxed as costs against the defeated
the defeated party, or apportioned, as justice party, or apportioned, as justice requires. (13)
requires. (13, R33)
RULE 33 DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence. — After the Section 1. Demurrer to evidence. — After the
plaintiff has completed the presentation of his plaintiff has completed the presentation of his or her
evidence, the defendant may move for evidence, the defendant may move for dismissal on the
dismissal on the ground that upon the facts ground that upon the facts and the law the plaintiff has
and the law the plaintiff has shown no right to shown no right to relief. If his or her motion is denied, he
relief. If his motion is denied he shall have the or she shall have the right to present evidence. If the
right to present evidence. If the motion is motion is granted but on appeal the order of dismissal is
granted but on appeal the order of dismissal is reversed, he or she shall be deemed to have waived the
reversed he shall be deemed to have waived right to present evidence. (1a)
the right to present evidence. (1a, R35)
Section 2. Action on demurrer to evidence. — A

demurrer to evidence shall be subject to the provisions of
Rule 15.
The order denying the demurrer to evidence shall not be

subject of an appeal or petition for certiorari,
prohibition or mandamus before judgment. (n)
COMPARATIVE MATRIX
RULE 34 JUDGMENT ON THE PLEADINGS
Section 1. Judgment on the pleadings. — Where Section 1. Judgment on the pleadings. – Where an
an answer fails to tender an issue, or answer fails to tender an issue, or otherwise admits the
otherwise admits the material allegations of material allegations of the adverse party’s pleading, the
the adverse party's pleading, the court may; on court may, on motion of that party, direct judgment on
motion of that party, direct judgment on such such pleading. However, in actions for declaration of
pleading. However, in actions for declaration of nullity or annulment of marriage or for legal separation,
nullity or annulment of marriage or for legal the material facts alleged in the complaint shall always
separation, the material facts alleged in the be proved. (1)
complaint shall always be proved. (1a, R19)
Section 2. Action on motion for judgment on the

pleadings. — The court may motu proprio or on motion
render judgment on the pleadings if it is apparent that
the answer fails to tender an issue, or otherwise admits
the material allegations of the adverse party’s pleadings.
Otherwise, the motion shall be subject to the provisions
of Rule 15 of these Rules.
Any action of the court on a motion for judgment on the

pleadings shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus. (n)
COMPARATIVE MATRIX
RULE 35 SUMMARY JUDGMENTS
Section 1. Summary judgment for claimant. — A Section 1. Summary judgment for claimant. — A
party seeking to recover upon a claim, party seeking to recover upon a claim, counterclaim, or
counterclaim, or cross-claim or to obtain a cross-claim or to obtain a declaratory relief may, at any
declaratory relief may, at any time after the time after the pleading in answer thereto has been served,
pleading in answer thereto has been served, move with supporting affidavits, depositions or
move with supporting affidavits, depositions admissions for a summary judgment in his or her favor
or admissions for a summary judgment in his upon all or any part thereof. (1a)
favor upon all or any part thereof. (1a, R34)
Section 2. Summary judgment for defending Section 2. Summary judgment for defending party.
party. — A party against whom a claim, — A party against whom a claim, counterclaim, or
counterclaim, or cross-claim is asserted or a cross-claim is asserted or a declaratory relief is sought
declaratory relief is sought may, at any time, may, at any time, move with supporting affidavits,
move with supporting affidavits, depositions depositions or admissions for a summary judgment in
or admissions for a summary judgment in his his or her favor as to all or any part thereof. (2a)
favor as to all or any part thereof. (2a, R34)
Section 3. Motion and proceedings thereon. — Section 3. Motion and proceedings thereon. — The
The motion shall be served at least ten (10) motion shall cite the supporting affidavits, depositions or
days before the time specified for the admissions, and the specific law relied upon. The adverse
hearing. The adverse party may serve party may file a comment and serve opposing affidavits,
opposing affidavits, depositions, or admissions depositions, or admissions within a non-extendible
at least three (3) days before the hearing. After period of five (5)
the hearing, the judgment sought shall be calendar days from receipt of the motion. Unless
rendered forthwith if the pleadings,
COMPARATIVE MATRIX
supporting affidavits, depositions, and the court orders the conduct of a hearing, judgment
admissions on file, show that, except as to sought shall be rendered forthwith if the pleadings,
the amount of damages, there is no supporting affidavits, depositions and admissions on
genuine issue as to any material fact and that file, show that, except as to the amount of damages,
the moving party is entitled to a judgment as there is no genuine issue as to any material fact and that
a matter of law. (3a, R34) the moving party is entitled to judgment as a matter of
law.
Any action of the court on a motion for summary

judgment shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus. (3a)
Section 4. Case not fully adjudicated on motion. Section 4. Case not fully adjudicated on motion. —
— If on motion under this Rule, judgment is If on motion under this Rule, judgment is not rendered
not rendered upon the whole case or for all upon the whole case or for all the reliefs sought and a
the reliefs sought and a trial is necessary, the trial is necessary, the court may, by examining the
court at the hearing of the motion, by pleadings and the evidence before it and by
examining the pleadings and the evidence interrogating counsel, ascertain what material facts exist
before it and by interrogating counsel shall without substantial controversy, including the extent to
ascertain what material facts exist without which the amount of damages or other relief is not in
substantial controversy and what are actually controversy, and direct such further proceedings in the
and in good faith controverted. It shall action as are just. The facts so ascertained shall be
thereupon make an order specifying the facts deemed established, and the trial shall be conducted on
that appear without substantial controversy, the controverted facts accordingly. (4a)
including the extent to which the amount of
damages or other relief is not in controversy,
and directing such further proceedings in the
action as are just. The facts so specified shall
be deemed established, and the trial shall be
conducted on the controverted facts
accordingly. (4a, R34)
COMPARATIVE MATRIX
Section 5. Form of affidavits and supporting Section 5. Form of affidavits and supporting papers.
papers. — Supporting and opposing affidavits — Supporting and opposing affidavits shall be made on
shall be made on personal knowledge, shall personal knowledge, shall set forth such facts as would
set forth such facts as would be admissible be admissible in evidence, and shall show affirmatively
in evidence, and shall show affirmatively that that the affiant is competent to testify to the matters
the affiant is competent to testify to the matters stated therein. Certified true copies of all papers or parts
stated therein. Certified true copies of all papers thereof referred to in the affidavit shall be attached
or parts thereof referred to in the affidavit shall thereto or served therewith. (5)
be attached thereto or served therewith. (5a,
R34)
Section 6. Affidavits in bad faith. — Should it Section 6. Affidavits in bad faith. — Should it appear to
appear to its satisfaction at any time that any its satisfaction at any time that any of the affidavits
of the affidavits presented pursuant to this Rule presented pursuant to this Rule are presented in bad
are presented in bad faith, or solely for the faith, or solely for the purpose of delay, the court shall
purpose of delay, the court shall forthwith order forthwith order the offending party or counsel to pay to
the offending party or counsel to pay to the the other party the amount of the reasonable expenses
other party the amount of the reasonable which the filing of the affidavits caused him or her to
expenses which the filing of the affidavits incur, including attorney's fees, it may, after hearing
caused him to incur including attorney's fees, further adjudge the offending party or counsel guilty of
it may, after hearing further adjudge the contempt. (6a)
offending party or counsel guilty of contempt.
(6a, R34)

Rule 6 To 35 - Comparative Matrix

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Lecture by Dean Ma.

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS TO THE NOTES

RULE 6 KINDS OF PLEADINGS

An answer may be responded to by a reply. An answer may be responded to by a reply

Section 3. Complaint. — The complaint is Section 3. Complaint. - The complaint is the

Section 4. Answer. — An answer is a pleading Section 4. Answer. - An answer is a pleading

estoppel, former recovery, discharge in include fraud, statute of limitations,

Affirmative defenses may also include grounds

Section 6. Counterclaim. — A counterclaim is Section 6. Counterclaim. — A

Section 7. Compulsory counterclaim. — A Section 7. Compulsory counterclaim. — A

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

Section 9. Counter-counterclaims and counter- Section 9. Counter-counterclaims and

A cross-claim may also be filed against an

A cross-claim may also be filed against an

15 DAYS TO FILE A REPLY

In the event of an actionable document attached

The third (fourth, etc.)-party complaint shall

counterclaims or cross-claims, including such or her defenses, counterclaims or cross- claims,

RULE 7 PARTS AND CONTENTS OF A PLEADING

THE SIGNATURE OF THE COUNSEL

An unsigned pleading produces no legal

(2) The claims, defenses, and other legal

(3) The factual contentions have evidentiary

(4) The denials of factual contentions are

(c) If the court determines, on motion or motu

Section 4. Verification. — Except when Section 4. Verification. — Except when

(b) The pleading is not filed to harass, cause

(c) The factual allegations therein have

The signature of the affiant shall further serve as a

A pleading required to be verified that contains a

Section 5. Certification against forum shopping. Section 5. Certification against forum

Section 6. Contents. — Every pleading

addition to those mandated by Section 2,

a) Names of witnesses who will be

RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Section 1. In general. — Every pleading Section 1. In general. — Every pleading shall

Section 2. Alternative causes of action or Section 2. Alternative causes of action or

Section 3. Conditions precedent. — In any Section 3. Conditions precedent. — In any

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

Section 7. Action or defense based on document. Section 7. Action or defense based on

Section 9. Official document or act. — In Section 9. Official document or act.- In

(b)Failure to raise the affirmative defenses at the

(c) The court shall motu proprio resolve the

(d) As to the other affirmative defenses under the

(e) Affirmative defenses, if denied, shall not be

Section 13. Striking out of pleading or

her, or upon the court's own initiative at any

RULE 9 EFFECT OF FAILURE TO PLEAD

Section 2. Compulsory counterclaim, or cross- Section 2. Compulsory counterclaim, or

for the State in order to see to it that the

RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS

Section 1. Amendments in general. — Pleadings Section 1. Amendments in general. —

Section 2. Amendments as a matter of right. — A Section 2. Amendments as a matter of right.

Section 3. Amendments by leave of court. — Section 3. Amendments by leave of court. —

Section 4. Formal amendments. — A defect in Section 4. Formal amendments. — A defect in

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

Section 6. Supplemental pleadings. — Upon Section 6. Supplemental pleadings. — Upon

Section 7. Filing of amended pleadings. — When Section 7. Filing of amended pleadings. —

shall be indicated by appropriate marks, shall amendments, which shall be indicated by