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AMENDMENTS TO THE 1997 RULES OF CIVIL

PROCEDURE: NOTABLE AND BASIC CHANGES TI~AT EVERY LAWYER NEEDS TO
KNOW, AN ELEMENTARY APPROAOi
by Ally. 01;,.,,. CiJdliJpero, Jr.

What are the obvious and basic changes?

The entirety of the Rules is now gender induslve.

No need to debate whether it's working or calendar days.

All periods are now qualified to calendar days.

When wlll the court allow the flllng of a Reply?

A Reply is allowed only if the defending party attaches an actionable
document to the Answer.

What's the effed If no Reply has been flied despite the

Answer attaches an actlonable document?
Failure to file a Reply to an Answer which attaches an actionable dOOJment
results in the admission of the genuineness and due execution of the said
actionable document.

can the defendant file a Rejoinder?

A defendant may file a Rejoinder if the same is based solely on an
actionable document.

What does the signature of the counsel Imply?

SignabJre by the counsel certifies that he has read not just the pleading
but the documents attached to it as well, and that:
a.) it is not being presented for any inproper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation;
b.) the claims, defenses, and other legal contentions are warranted by
exi.stlng law or jurisprudence, or by a non frivolous argument for
extending, modifying, or reversing existing jurisprudence;
c.) the factual contentions have evidentlary support or, if specifically so
identified, will likely have evidentiary support after availment of the modes
of discovery under these rules; and
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 AMENDMENTS TO THE 1997 RULES Of CIVIL PROCEDURE. BY ATTY. OCJ

d.) the denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of
information.

What is the consequence if the counsel signs but

violates/ retracts what he certifies?
Any violation on this rule may subject the lawyer, law firm, or party to
appropriate sanction or referral to the proper office for disciplinary action.
Law firm may be held jointly and severally liable with the lawyer.

Who verifies the pleading?

A pleading must be verified by the party or someone authorized by the
party. Such authorization must be attached to the pleading.

What does such verification imply?

The one verifying is not just intimating that he has read the pleading and
that the allegations are true and correct but likewise verifies that it is not
frivolous and it is with evidentiary support.

What should now be included/attached to the pleading?

All pleadings stating a claim or defense must also include:
a.) name of witnesses;
b.) summary of witness' testimonies ( the judicial affidavit must
already be attached);
c.) documentary and object evidence.

What should be included if a party pleads a Judgment or

decision?
In pleading a judgment or decision of a domestic or foreign court, an
authenticated copy of the said judgment or decision must be attached.

What affirmative defenses are allowed to be raised in the

Answer?
Affirmative defenses shall be raised in the Answer which shall be limited to
the following grounds:
a.) the court has no jurisdiction over the person of the defending party;
b.) venue is improperly laid;
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 AMENDMENTSTOTHEl997RULESOF CfVlLPROCEDURE. BY ATTY. OCJ

c.) plaintiff has no legal capacity to sue;

d.) no cause of action;
e.) condition precedent has not been complied with.

What is the period for the court to resolve these

affirmative defenses?
The court will have 30 calendar days to resolve the same.

What if the ones raised are denied, what's the remedy?

If any of these grounds is denied, the denial can no longer be subject to
MR, certiorari or mandamus, but can be raised on appeal after judgment
on the merits.

Revised periods:
► Period to file an Answer of a defendant foreign private juridical entity is
increased from 30 to 60 calendar days after receipt of summons.
► Period to file an Answer to an amended complaint which was filed as a
matter of right is increased from 15 to 30 calendar days after being
served of a copy; increased from 10 to 15 calendar days from notice of
order admitting the same if amended complaint was filed not as a
matter of right.
► Period to file an Answer to a cross-claim or counterclaim is increased
from 10 to 20 calendar days from service.
► Period to file a Reply is increased from 10 to 15 calendar days from
service of the pleading responded to.
► Period to file an Answer to a supplemental complaint is increased from
10 to 20 calendar days from notice of order admitting the same.

Can a defendant move for an extension of time to file

Answer?
A defendant may be aHowed once only for an extension of time to file an
Answer for a period of 30 calendar days. Motion for extension to file a
pleading other than answer is a mere scrap of paper.

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 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE, BY ATTY. OCJ

Who should you se1Ve the pleading to, counsel or the

party?
If a party has appeared with counsel, the general rule is that service of
pleading or other court submissions shall be made upon the counsel. The
exception is if the court orders that service be made upon the counsel and
the party.

How many copies should you furnish if the counsel is

representing several dients?
A counsel representing several clients shall only be entitled one copy of the
pleading or other court submissions.

What are the new manners of filing a pleading and other

court submissions to court?
a.) personal submission to the court of the original copy;
b.) by registered mail;
c.) by accredited courier,
d.) by e-mail or other electronic means as authorized by the court,
but only when the court is electronically equipped.

Under these manners of filing, what to consider in

determining the date of filing?
a.) if personally submitted, the date stamped on the pleading;
b.) if by registered ma ill or accredited courier, the date of mailing as shown
by the post office stamp on the envelope of the registry receipt. Said
envelope must be attached to the record of the case;
c.) if by e-mail or other electronic means, the date of electronic
transmission.

What are the new manners of serving pleadings and other

court submissions to the other party?
Manners of service of pleadings and other court submissions:
a.) personal service;
b.) registered mail;
c.) accredited courier;

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 AMENDMENTS TO THE 1997 RULES OF CIVTL PROCEDURE. BY ATTI'. OCJ

d.) e-mail, fax, other electronic means as may be authorized by

the courts;
e.) service as provided for in international conventions to which the
Philippines is a party.

can a pleading be now served to someon,e other than the

party or counsel?
Under personal service of pleading, service can now be made not just to
the party or counsel but also to an authorized representative named
in the pleading or motion.

When can service to other party by e-mail, fax or other

electronic means be allowed?
Service by e-mail, fax, or other electronic means may be allowed if both
parties gave their consent.

What is the concept of Presumptive Service/Notice?

Presumptive service is a new concept. Under this, there is a presumptive
notice to a party if such notice appears on the records to have been mailed
at least 20 calendar days prior to the scheduled date of hearing and if the
addressee is within the same judicial region; at least 30 calendar days if
addressee is outside the judicial region.

Under the manners of service of pleadings to the other

party, should personal service be resorted to first before
other manners can be had?
The rule that service of pleadings be done personally first is now deleted.
Any of the manners of service of pleadings and other court submissions
may be done at the pleasure of the parties, provided it is allowed by these
Rules.

Rule when a party changes his e-mail or fax number.

A party who changes his e-mail of fax number while the case is pending
must notify the court and the other party within 5 calendar days from such
change.

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 AMENDMENTS TO THE 1997RULESOFCIVfL PROCEDURE. BY ATTY. OCJ

What should be entered under the subject of the e-mail or

fax?
The subject of e-mail or fax must follow the same format of the physical
document.

Rule on the service of judgments, decisions or resolutions

to the parties.
Service of judgments, decisions or resolutions must be done personally or
by registered mail. However, upon ex patte motion of any party, the same
may be delivered by accredited courier at the expense of the requesting
party.

Are there documents that are required to be filed or

served personally or by registered mail?
The following must be filed or served personally or by registered mail:
a.) initiatory pleadings and initial responsive pleadings;
b.) subpoena, protection orders, writs;
c.) appendixes and exhibits not readily compatible to electronic scanning;
d.) sealed and confidential documents and record.
The only exception is when permitted by the court, other means can be
resorted to.

When is service of pleadings to the other party

considered complete?
a.) if by courier, either by actual receipt of the addressee, at least 2
attempts to deliver, or upon the expiration of 5 calendar days after the first
delivery, whichever is earlier;
b.) if by e-mail or other electronic means, upon the time of electronic
transmission, or whenever the notification of service of the document is
sent, unless the sender learns that it did not reach the recipient.
c.) if by fax, at the time it is received by the other party as indicated on the
printout.

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 AMENDMENTS TO THE 1997RULESOFCIVIL PROCEDLIRE, BY ATTY. OCJ

What are the proofs of filing of pleadings and other court

submissions to court?
a.) If filing was done by an accredited courier, there must be an affidavit of
service by the person who brought the pleading together with the OR and
tracking number;
b.) If filing was done by e-mail or other electronic means, there must be an
affidavit of electronic filing accompanied by a printout of the document;
c.) if done by fax, there must be an affidavit of service by the person who
sent the fax accompanied by a printed proof of transmittal.

Can court-Issued orders and other documents be served

to parties electronically?
Yes, court-issued orders and other documents may now be served to
parties electronically.

Can plaintiff serve summons now?

Plaintiff may now be authorized to serve summons upon:
a.) ex parte motion;
b.) failure of the sheriff or other court officers to serve summons;
c.) or where summons is to be served outside the judicial region.

What's the rule if the plaintiff serving summons is a

juridical entity?
If the plaintiff is a juridical entity, a representative can be authorized
evidenced by a secretary's certificate or board resolution.

What if the plaintiff made misrepresentations as to the

service of summons to the defendant?
In cases of misrepresentation as to service of summons by the plaintiff or
its representative, it shall be a ground for the dismissal of the case
with prejudice and appropriate sanctions on the erring party.

How to serve summons In person?

By handing a copy to the defendant, and if he refuses to receive, by
leaving the summons within the view and in the presence of the
defendant

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 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE, BY ATTY. OCJ

What is the new rule on substituted service?

If defendant cannot be served after 3 attempts on 2 separate dates, the
following can be done:
a.) leave a copy of the summons at defendant's residence to a person
residing therein at least 18 years old and of sufficient discretion;
b.) if refused entry after making his authority and purpose known, leave
summons with any of the officers of the homeowners association
or condominium corporation, or its chief security officer in charge
of the place where defendant may be found,
c.) by sending email to the defendant, if allowed by the court.

Rule on service of summo1

ns on spouses.
If spouses are sued jointly, service of summons must be made to each
spouse individually.

Rule on service of summons upon domestic private

juridical entity.
It must be made on the president, managing partner, general manager,
corporate secretary, t reasurer, or in-house counsel of the corporation
wherever they may be found, or in their absence or unavailability, to their
secretaries. In default of all of the above, to a person who
customarily receives for the defendant at its principal office. If the
domestic juridical entity is under receivership or liquidation, to the receiver
or liquidator.

can summons be made via e-mail?

If there is a refusal to receive summons despite 3 attempts on 2 separate
dates, service may now be done through e-mail, but only if allowed by
court.

What can the court do if a counsel is appearing for his

client and questioning the propriety of the service of
summons?
If summons is improperly served but counsel of the defendant appeared in
court to question the validity of service of summons, court shall deputize
the counsel to serve summons to his client.

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 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE, BY ArrY. OCJ

b.) motion for reconsideration of the court's action on the affirmative

defenses;
c.) Motion to suspend proceedings without a temporary restraining order or
injunction issued by a higher court;
d.) 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
e.) 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.

What are the new grounds for Motion to Dismiss?

Motion to dismiss shall no longer be allowed except on the following
grounds:
a.) that the court has no jurisdiction over the subject matter of the claim;
b.) that there is another action pending between the same parties for the
same cause; and
c.) that the cause of action is barred by a prior judgment or by the statute
of limitations.
The court has 15 calendar days to resolve the same.

Who has now the duty to set pre-trial?

Setting of pre-trial is now the duty of the clerk of court.

What are the new matters to be considered during pre-

trial?
a.) the limitation of the number and identification of witnesses and the
setting of trial dates;
b.) mark their respective evidence if not yet marked in the judicial
affidavits of their witnesses;
c.) Examine and make comparisons of the adverse parties' evidence vis-a-
vis the copies to be marked;
d.) Manifest for the record stipulations regarding the faithfulness of the
reproductions and the genuineness and due execution of the adverse
parties' evidence;
e.) reserve evidence not available at the pre-trial: but only in the following
manner:

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 AMENDMENTSTO THE 1997 RULESOFCIVIL PROCEDURE. BY ATTY. OCJ

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.

Whose appearance is required during pre-bial?

The appearance of the party and counsel in pre-trial is required.

Rules on court-an:n exed mediation and JDR.

Court-annexed mediation shall not exceed 30 days, without further
extension. JDR may be resorted to thereafter upon the discretion of the
court, which should not exceed 15 days from notice of failure of court-
annexed mediation.

What are the contents of the pre-trial brief?

Contents of pre-trial brief are found in Rule 18, Section 6.

Consequence of asking for the postponement of the trial.

A party may ask for postponement of trial. However, under the new Rules,
the party who caused the postponement is warned that the presentation of
its evidence must still be terminated on the remaining dates previously
agreed upon.

Rule on hearings.
Hearings shall be held exactly at 8:30 AM and 2:00 PM from Mondays
to Thursdays, while motions shall be heard on Fridays.

What stages of trial are now to be done orally?

The offer of evidence, the comment or objection thereto, and the court
ruling shall be made orally.

Rule on demurrer to evidence.

Demurrer to evidence is a litigious motion. Order denying it shall not be
subject to appeal, certiorari, prohibition or mandamus before judgment.

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 AMENDMENTS TO THE l997RULESOF C/VILPROCEDURE. BY ATTY. OCJ

New rule on the presentation of a duplicate of an original.

Presentation of a duplicate of an original is now admissible as an original
unless:
a.) a genuine question is raised as to the authenticity of the original; or
b.) it is unjust or inequitable under the circumstances to admit the
duplicate in lieu of the original

When is its effectivity?

It affects cases filed after 1 May 2020. However, it may likewise apply to
those already pending cases except when the court determines that its
application would not be feasible or would work injustice.

*This isJust the work of one lawyer who is locked down at home. It is still highly advisable that
the full text of the Revised Rules be read as a supplement.
*Those in bold and italics, in the opinion of the author, are matters that need to be given more
emphasis since these are drastic changes.

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