New Civil Proc

2019 Amendments to the 1997
Rules of Civil Procedure

(A.M. No. 19-10-20-SC)
BY:
HON. MARIA FILOMENA D. SINGH
Associate Justice, Court of Appeals
Remedial Law Examiner, 2019 Bar Examinations
Remedial Law Department and Civil Law Department,
Philippine Judicial Academy
ASSISTED BY: ATTY. NADINE MARIE QUIROZ
Overvie
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• Main purpose for the amendments: To make the
disposition of every action and proceeding more
just, speedier and less expensive, to prevent
delays and to decongest the courts.
• Recurring amendments: amendments to make

provisions more gender-inclusive; stylistic;
specification of “calendar” days for the various
periods provided for under the Rules.
RULE 6
KINDS OF PLEADINGS
Section 2. Pleadings Allowed
Old Provision Revised Provision
The claims of a party are asserted in a The claims of a party are asserted in a
complaint, counterclaim, cross-claim, complaint, counterclaim, cross-claim,
third (fourth, etc.)-party complaint, or third (fourth, etc.)-party complaint, or
complaint-in-intervention. complaint-in-intervention.
The defenses of a party are alleged in The defenses of a party are alleged in
the answer to the pleading asserting a the answer to the pleading asserting a
claim against him. claim against him or her.
An answer may be responded to by a An answer may be responded to by a

reply. (n) reply only if the defending party attaches
an actionable document to the answer.
Section 2. Pleadings Allowed
REVISION: REPLY NO LONGER ALLOWED EXCEPT IF
DEFENDANT ATTACHES AN ACTIONABLE DOCUMENT TO THE
ANSWER – to deny under oath its genuineness and due execution
CROSS REFERENCE SECTION 10 REPLY – limited to actionable

document
An “actionable document” is a written instrument or document upon

which an action or defense is based. The pleader of such document
is required either to set forth the substance of such instrument or
document in the pleading, and to attach the original or a copy thereof
to the pleading as an exhibit, which shall then be deemed to be a
part of the pleading, or to set forth a copy in the pleading. (Fernando
Medical Enterprises, Inc. v. Wesleyan University Philippines,
Inc.,
G.R. No. 207970, 20 January 2016)
Section 3. Complaint
The complaint is the pleading alleging The complaint is the pleading alleging
the plaintiff's cause or causes of action. the plaintiff’s or claiming party’s cause or
The names and residences of the plaintiff causes of action. The names and
and defendant must be stated in the residences of the plaintiff and defendant
complaint. (3a) must be stated in the complaint.
CROSS REFERENCE RULE 8, SECTION 1: ”including the evidence”
The basic requirement under the rules of procedure is that a complaint must make a
plain, concise, and direct statement of the ultimate facts on which the plaintiff relies
for his claim. ”Ultimate facts” mean the important and substantial facts which either
directly form the basis of the plaintiff’s primary right and duty or directly make up the
wrongful acts or omissions of the defendant. They refer to the principal,
determinative, constitutive facts upon the existence of which the cause of action
rests. The term does not refer to details of probative matter or particulars of
evidence which establish the material elements. (Lazaro v. Brewmaster
International, Inc., G.R. No. 182779, 23 August 2010)
Section 5. Defenses
Defenses may either be negative or Defenses may either be negative or
affirmative. affirmative.
(a) A negative defense is the specific (a) A negative defense is the specific
denial of the material fact or facts alleged denial of the material fact or facts alleged
in the pleading of the claimant essential in the pleading of the claimant essential
to his cause or causes of action. to his or her cause or causes of action.
(b) An affirmative defense is an (b) An affirmative defense is an

allegation of a new matter which, while allegation of a new matter which, while
hypothetically admitting the material hypothetically admitting the material
allegations in the pleading of the allegations in the pleading of the
claimant, would nevertheless prevent or claimant, would nevertheless prevent or
bar recovery by him. The affirmative bar recovery by him or her. The
defenses include fraud, statute of affirmative defenses include fraud,
limitations, release, payment, illegality, statute of limitations, release, payment,
statute of frauds, estoppel, former illegality, statute of frauds, estoppel,
recovery, discharge in… former recovery, discharge in…
Section 5. Defenses
…bankruptcy, and any other matter by …bankruptcy, and any other matter by
way of confession and avoidance. 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.
Section 5. Defenses
CROSS REFERENCE RULE 8, SECTION 12: AFFIRMATIVE
DEFENSES (Rule 6, Section 5.b, 2nd paragraph: lack of jurisdiction
over subject matter; litis pendentia; res judicata) plus other grounds
under Rule 8, Section 12 (lack of jurisdiction over person; improper
venue; lack of legal capacity to sue; failure to state a cause of action;
absence of condition precedent)
- Failure to raise affirmative defense = waiver
- Court motu propio resolve within 30 days from filing of answer (Sec.12)
- Summary hearing for grounds in 1st paragraph, Section 5.b, Rule 6
(fraud, statute of limitations, release, payment, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance) – resolve within 30 days
from termination of summary hearing
- No motion for reconsideration, no Rule 65 petition; raise on appeal as
an error after judgment on the merits
Section 5. Defenses
An affirmative defense is one which is not a denial of an essential
ingredient in the plaintiff's cause of action, but one which, if established, will
be a good defense-i.e. an “avoidance” of the claim. Affirmative defenses
include fraud, statute of limitations, release payment, illegality, statute of
frauds, estoppel, former recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance.
(Mongao v. Pryce Properties Corporation., G.R. No. 156474, 16 August
2005)
Section 7. Compulsory Counterclaim
A compulsory counterclaim is one A compulsory counterclaim is one
which, being cognizable by the regular which, being cognizable by the regular
courts of justice, arises out of or is courts of justice, arises out of or is
connected with the transaction or connected with the transaction or
occurrence constituting the subject occurrence constituting the subject
matter of the opposing party's claim and matter of the opposing party's claim and
does not require for its adjudication the does not require for its adjudication the
presence of third parties of whom the presence of third parties of whom the
court cannot acquire jurisdiction. Such a court cannot acquire jurisdiction. Such a
counterclaim must be within the counterclaim must be within the
jurisdiction of the court both as to the jurisdiction of the court both as to the
amount and the nature thereof, except amount and the nature thereof, except
that in an original action before the that in an original action before the
Regional Trial Court, the counterclaim Regional Trial Court, the counterclaim
may be considered compulsory may be considered compulsory
regardless of the amount. regardless of the amount. A compulsory
counterclaim not raised in the same
action is barred, unless otherwise
allowed by these Rules.
A counterclaim may either be permissive or compulsory. It is permissive
“if it does not arise out of or is not necessarily connected with the subject
matter of the opposing party's claim.” A permissive counterclaim is
essentially an independent claim that may be filed separately in another
case.
A counterclaim is compulsory when its object “arises out of or is

necessarily connected with the transaction or occurrence constituting the
subject matter of the opposing party's claim and does not require for its
adjudication the presence of third parties of whom the court cannot acquire
jurisdiction.” Unlike permissive counterclaims, compulsory counterclaims
should be set up in the same action; otherwise, they would be barred
forever. (Lafarge Cement Philippines, Inc. v. Continental Cement
Corporation, G.R. No. 155173, 23 November 2004)
To determine whether a counterclaim is compulsory or permissive, the Court has
devised the following tests:
a) Are the issues of fact and law raised by the claim and by the counterclaim
largely the same?
b) Would res judicata bar a subsequent suit on defendant’s claims, absent the
compulsory counterclaim rule?
c) Will substantially the same evidence support or refute plaintiff’s claim as well
as the defendant’s counterclaim?
d) Is there any logical relation between the claim and the counterclaim?
A positive answer to all four questions would indicate that the counterclaim is
compulsory. (GSIS v. Heirs of Caballero, G.R. No. 158090, 4 October 2010)
Section 8. Cross-claim
A cross-claim is any claim by one A cross-claim is any claim by one
party against a co-party arising out of the party against a co-party arising out of the
transaction or occurrence that is the transaction or occurrence that is the
subject matter either of the original action subject matter either of the original action
or of a counterclaim therein. Such cross- or of a counterclaim therein. Such cross-
claim may include a claim that the party claim may cover all or part of the original
against whom it is asserted is or may be claim.
liable to the cross-claimant for all or part
of a claim asserted in the action against
the cross-claimant.
Section 10. Reply
A reply is a pleading, the office or All new matters alleged in the answer
function of which is to deny, or allege are deemed controverted. If the plaintiff
facts in denial or avoidance of new wishes to interpose any claims arising out
matters alleged by way of defense in the of the new matters so alleged, such
answer and thereby join or make issue as claims shall be set forth in an amended
to such new matters. If a party does not or supplemental complaint. However, the
file such reply, all the new matters plaintiff may file a reply only if the
alleged in the answer are deemed defending party attaches an actionable
controverted. document to his or her answer.
If the plaintiff wishes to interpose any A reply is a pleading, the office or

claims arising out of the new matters so function of which is to deny or allege
alleged, such claims shall be set forth in facts in denial or avoidance of new
an amended or supplemental complaint. matters alleged in, or relating to, said
actionable document.
Section 10. Reply
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.
CROSS REFERENCE SECTION 2 PLEADINGS ALLOWED

- no Reply allowed unless actionable document is attached to the Answer
- all new matters alleged in the Answer are deemed controverted
- if plaintiff wants to interpose any claim arising out of new matters
alleged in the Answer, file Amended or Supplemental Complaint
instead
- when an actionable document is attached to the Reply, defendant may
file Rejoinder solely to controvert the actionable document
Section 11. Third, (fourth, etc.)-
party complaint
A third (fourth, etc.)-party complaint is A third (fourth, etc.)-party complaint is a
a claim that a defending party may, with claim that a defending party may, with leave
leave of court, file against a person not a of court, file against a person not a party to
party to the action, called the third (fourth, the action, called the third (fourth, etc.)-
etc.)-party defendant, for contribution, party defendant, for contribution, indemnity,
indemnity, subrogation or any other relief, subrogation or any other relief, in respect of
in respect of his opponent's claim. 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.
Section 11. Third, (fourth, etc.)-
party complaint
The requisites for a third-party action are:
1. That the party to be impleaded must not yet be a party to the action;
2. That the claim against the third-party defendant must belong to the
original defendant;
3. The claim of the original defendant against the third-party defendant
must be based upon the plaintiff’s claim against the original
defendant; and,
4. The defendant is attempting to transfer to the third-party defendant
the liability asserted against him by the original plaintiff. (Philtranco
Service Enterprises, Inc. v. Paras, G.R. No. 161909, 25 April 2012)
WHEN 3RD ETC. PARTY COMPLAINT SHALL BE DENIED ADMISSION:

rd
1. 3 party etc. defendant cannot be located within 30 days from grant of
leave
2. matters extraneous to issue/s in the main case are raised
3. effect is to introduce a new and separate controversy into the action

RULE 7
PARTS AND CONTENTS OF A
PLEADING
Section 3. Signature and address
Every pleading must be signed by the (a) Every pleading and other written
party or counsel representing him, stating submissions to the court must be signed
in either case his address which should by the party or counsel representing him
not be a post office box. or her.
The signature of counsel constitutes a (b) The signature of counsel

certificate by him that he has read the constitutes a certificate by him or her that
pleading; that to the best of his he or she has read the pleading and
knowledge, information, and belief there document; that to the best of his or her
is good ground to support it; and that it is knowledge, information and belief,
not interposed for delay. formed after an inquiry reasonable under
the circumstances:
An unsigned pleading produces no
legal effect. However, the court may, in its (1) It is not being presented for any
discretion, allow such deficiency to be improper purpose, such as to harass,
remedied if it shall appear that the same cause unnecessary delay, or needlessly
was due to mere inadvertence and not increase the cost of litigation;
intended for delay. Counsel who…
…deliberately files an unsigned pleading, (2) The claims, defenses, and other
or signs a pleading in violation of this legal contentions are warranted by
Rule, or alleges scandalous or indecent existing law or jurisprudence, or by a
matter therein, or fails to promptly report non-frivolous argument for extending,
to the court a change of his address, modifying or reversing existing
shall be subject to appropriate jurisprudence;
disciplinary action.
(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.
(c) If the court determines, on motion
or motu propio 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.
Code of Professional Responsibility: “A lawyer owes candor,

fairness and good faith to the court.” (Canon 10)
“A lawyer shall exert every effort and consider it his duty to assist
in the speedy and efficient administration of justice.” (Canon 12)
Section 4. Verification
Except when otherwise specifically Except when otherwise specifically
required by law or rule, pleadings need required by law or rule, pleadings need
not be under oath, verified or not be under oath or verified.
accompanied by affidavit.
A pleading is verified by an affidavit of
A pleading is verified by an affidavit an affiant duly authorized to sign said
that the affiant has read the pleading and verification. The authorization of the
that the allegations therein are true and affiant to act on behalf of a party, whether
correct of his personal knowledge or in the form of a secretary’s certificate or a
based on authentic records. special power of attorney, should be
attached to the pleading, and shall allege
xxx xxx xxx the following attestations:
(a) The allegations in the pleading are

true and correct based on his or her
personal knowledge, or based on
authentic documents;
Section 4. Verification
(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.
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.
Section 5. Certification against forum
shopping
The plaintiff or principal party shall The plaintiff or principal party shall
certify under oath in the complaint or certify under oath in the complaint or
other initiatory pleading asserting a claim other initiatory pleading asserting a claim
for relief, or in a sworn certification for relief, or in a sworn certification
annexed thereto and simultaneously filed annexed thereto and simultaneously filed
therewith: (a) that he has not theretofore therewith: (a) that he or she has not
commenced any action or filed any claim theretofore commenced any action or
involving the same issues in any court, filed any claim involving the same issues
tribunal or quasi-judicial agency and, to in any court, tribunal or quasi-judicial
the best of his knowledge, no such other agency and, to the best of his or her
action or claim is pending therein; (b) if knowledge, no such other action or claim
there is such other pending action or is pending therein; (b) if there is such
claim, a complete statement of the other pending action or claim, a complete
present status thereof; and (c) if he statement of the present status thereof;
should thereafter learn that the same or and (c) if he or she should thereafter
similar action or claim has been filed or is learn that the same or similar action or
pending, he shall report that fact within claim has been filed or is pending, he or
five (5) days therefrom to the court … she shall report that fact within five (5)…
Section 5. Certification against forum
shopping
wherein his aforesaid complaint or …calendar days therefrom to the court
initiatory pleading has been filed. wherein his or her aforesaid complaint or
initiatory pleading has been filed.
The authorization of the affiant to act

on behalf of a party, whether in the form
of a secretary’s certificate or a special
power of attorney, should be attached to
the pleading.
xxx xxx xxx
USE OF THE WORD “CALENDAR” TO QUALIFY THE NUMBER OF DAYS IS

FOR CLARITY.
CROSS REFERENCE SECTION 4 VERIFICATION: REQUIREMENT OF
AUTHORITY TO BE ATTACHED TO PLEADING
Section 5. Certification against
forum
shopping
“Forum shopping” is defined as an act of a party, against whom an
adverse judgment or order has been rendered in one forum, of seeking and
possibly getting a favorable opinion in another forum, other than by appeal
or special civil action for certiorari. It may also be the institution of two or
more actions or proceedings grounded on the same cause on the
supposition that one or the other court would make a favorable disposition.
It is expressly prohibited by this Court because it trifles with and abuses

court processes, degrades the administration of justice, and congests court
dockets. A willful and deliberate violation of the rule against forum shopping
is a ground for summary dismissal of the case, and may also constitute
direct contempt. (Sameer Overseas Placement Agency, Inc. v. Santos, G.R.
No. 152579, 4 August 2009)
Verification Forum Shopping
Purpose: To swear to the truth of the Purpose: To avoid multiplicity of suits.
allegations in the complaint or petition,
and that the allegations in the complaint Effect of non-compliance/defect: As
or petition have been made in good faith compliance with the certification against
or are true and correct to the best of his forum shopping is mandatory, it is
knowledge and belief. generally not curable by its subsequent
submission or the correction thereof,
Effect of non-compliance/defect: unless there is a need to relax the Rule
Generally curable, as non-compliance on the ground of substantial compliance
with the required verification only or presence of special circumstances or
constitutes a formal defect that is not compelling reasons.
fatal. The Court may order its submission
or correction or act on the pleading if the
attending circumstances are such that
strict compliance with the Rule may be
dispensed with in order that the ends of
justice may be served thereby.
Cortal v. Larrazabal, G.R. No. 199107, 30 August 2017; Ching v. Cheng, G.R. No.
175507, 8 October 2014; Fernandez v. Villegas, G.R. No. 200191, 20 August 2014.
Section 6. Contents
New Provision
Every pleading stating a party’s claims or defenses shall, in addition to
those mandated by Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party’s claim or

defense;
(b) Summary of the witnesses’ intended testimonies, provided 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.
Section 6. Contents
New Provision
CROSS REFERENCE RULE 8, SECTION 1: Every
pleading shall contain … a statement of the ultimate
facts, including the evidence on which the party pleading
relies …
RULE 7 ADDED “CONTENTS” OF A PLEADING to
establish the shift from “ultimate facts” to “evidentiary
facts”
- the objective of “laying the cards on the table” at the
earliest opportunity to cut delay and facilitate speedy
resolution of cases
RULE 8
MANNER OF MAKING
ALLEGATIONS IN PLEADINGS
Section 1. In general
Every pleading shall contain in a Every pleading shall contain in a
methodical and logical form, a plain, methodical and logical form, a plain,
concise and direct statement of the concise and direct statement of the
ultimate facts on which the party ultimate facts, including the evidence
pleading relies for his claim or on which the party pleading relies for
defense, as the case may be, his or her claim or defense, as the
omitting the statement of mere case may be.
evidentiary facts.
If a cause of action or defense
If a defense relied on is based on relied on is based on law, the
law, the pertinent provisions thereof pertinent provisions thereof and their
and their applicability to him shall be applicability to him or her shall be
clearly and concisely stated. clearly and concisely stated.
Section 6. Judgment
In pleading a judgment or decision of In pleading a judgment or decision of

a domestic or foreign court, judicial or a domestic or foreign court, judicial or
quasi-judicial tribunal, or of a board or quasi-judicial tribunal, or of a board or
officer, it is sufficient to aver the judgment officer, it is sufficient to aver the judgment
or decision without setting forth matter or decision without setting forth matter
showing jurisdiction to render it. showing jurisdiction to render it. An
authenticated copy of the judgment or
decision shall be attached to the
pleading.
On 14 May 2019, the Apostille Convention on Authentication of Documents

took effect in the Philippines.
In this regard, in countries and territories which are Apostille-contracting parties,

there is no need for authentication of the relevant judgment or decision, as it is
sufficient to have the same Apostillized. However, in countries and territories which
are non Apostille-contracting parties, the previous process of authentication must be
complied with.
Section 11. Allegations not specifically
denied deemed admitted
Material averment in the Material averments in a pleading
complaint, other than those as to the asserting a claim or claims, other
amount of unliquidated damages, than those as to the amount of
shall be deemed admitted when not unliquidated damages, shall be
specifically denied. Allegations of deemed admitted when not
usury in a complaint to recover specifically denied.
usurious interest are deemed
admitted if not denied under oath.
The term “Complaint” was amended to “in a pleading asserting a

claim or claims” to cover material averments in an answer, a
reply, a 3rd party complaint or cross claim.
A counterclaim may also involve unliquidated damages.
Section 12. Affirmative defenses
New Provision
(a)A defendant shall raise his or her affirmative defenses in his or her
answer, which shall be limited to the reasons set forth under Section 5(b),
Rule 6, and the following grounds:
1. That the court has no jurisdiction over the person of the defending
party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and
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.
(c)
Section 12. Affirmative defenses

New Provision
(d) The court shall motu propio resolve the above affirmative defenses
within thirty (30) calendar days from the filing of the answer.
(e) 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.
(f)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.
CROSS REFERENCE RULE 6, SECTION 5.B

RULE 9
EFFECT OF FAILURE TO PLEAD
Section 3. Default; declaration of
If the defending party fails to If the defending party fails to
answer within the time allowed answer within the time allowed
therefor, the court shall, upon motion therefor, the court shall, upon motion
of the claiming party with notice to of the claiming party with notice to
the defending party, and proof of the defending party, and proof of
such failure, declare the defending such failure, declare the defending
party in default. Thereupon, the court party in default. Thereupon, the court
shall proceed to render judgment shall proceed to render judgment
granting the claimant such relief as granting the claimant such relief as
his pleading may warrant, unless the his or her pleading may warrant,
court in its discretion requires the unless the court in its discretion
claimant to submit evidence. Such requires the claimant to submit
reception of evidence may be evidence. Such reception of evidence
delegated to the clerk of court. may be delegated to the clerk of
court.
(a) Effect of order of default. – A party in (a) Effect of order of default. – A party in
default shall be entitled to notice of default shall be entitled to notices of
subsequent proceedings but not to take subsequent proceedings but shall not
part in the trial. take part in the trial.
xxx xxx xxx xxx xxx xxx
(e) Where no defaults allowed. – If the (e) Where no defaults allowed. – If the
defending party in an action for defending party in an action for
annulment or declaration of nullity of annulment or declaration of nullity of
marriage or for legal separation fails to marriage or for legal separation fails to
answer, the court shall order the answer, the court shall order the Solicitor
prosecuting attorney to investigate General or his or her deputized public
whether or not a collusion between the prosecutor, to investigate whether or not
parties exists, and if there is no collusion, a collusion between the parties exists,
to intervene for the State in order to see and if there is no collusion, to intervene
to it that the evidence submitted is not for the State in order to see to it that the
fabricated. evidence submitted is not fabricated.
The effects of default are followed only in three instances:
1. When there is an actual default for failure to file a

responsive pleading (e.g., failure to file an answer);
2. Failure to appear in the pre-trial conference; and
3. Refusal to comply with modes of discovery under the
circumstance in Sec. 3(c), Rule 29 [rendering a judgment
by default against the disobedient party]. (Monzon v.
Spouses Relova, G.R. No. 171827, 17 April 2008)
RULE 10
AMENDED AND SUPPLEMENTAL
PLEADINGS
Section 3. Amendments by leave of court
Except as provided in the next Except as provided in the next
preceding section, substantial preceding Section, substantial
amendments may be made only amendments may be made only
upon leave of court. But such leave upon leave of court. But such leave
may be refused if it appears to the shall be refused if it appears to the
court that the motion was made with court that the motion was made with
intent to delay. Orders of the court intent to delay or confer jurisdiction
upon the matters provided in this on the court, or the pleading stated
section shall be made upon motion no cause of action from the
filed in court, and after notice to the beginning which could be amended.
adverse party, and an opportunity to Orders of the court upon the matters
be heard. 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.
A complaint states a cause of action if it sufficiently avers the existence of
the three (3) essential elements of a cause of action, namely:
1. A right in favor of the plaintiff by whatever means and under whatever

law it arises or is created;
2. An obligation on the part of the named defendant to respect or not to
violate such right; and,
3. An act or omission on the part of the named defendant violative of the
right of the plaintiff or constituting a breach of the obligation of the
defendant to the plaintiff for which the latter may maintain an action
for recovery of damages.
If the allegations of the complaint do not state the concurrence of these

elements, the complaint becomes vulnerable to a motion to dismiss on the
ground of failure to state a cause of action. (Zuniga-Santos v. Santos-
Gran,
G.R. No. 197380, 8 October 2014)
The trend is liberality towards amendments, subject only to the exceptions
stated: (1) intent to delay; (2) to confer jurisdiction; (3) the pleading failed to
state any cause of action at the outset.
Section 3, Rule 10 of the 1997 Rules of Civil Procedure amended the

former rule by striking off the phrase “or that the cause of action or defense
is substantially altered.” Thus, the clear import of such amendment in
Section 3, Rule 10 is that under the new rules, “the amendment may (now)
substantially alter the cause of action or defense.” This should only be true,
however, when despite a substantial change or alteration in the cause of
action or defense, the amendments sought to be made shall serve the
higher interests of substantial justice, and prevent delay and equally
promote the laudable objective of the rules which is to secure a just, speedy
and inexpensive disposition of every action and proceeding. (Philippine
Ports Authority v. Gothong, G.R. No. 158401, 28 January 2008)
Section 5. No amendment necessary to
conform to or authorize presentation of
evidence
When issues not raised by the When issues not raised by the
pleadings are tried with the express or pleadings are tried with the express
implied consent of the parties, they shall or implied consent of the parties, they
be treated in all respects as if they had shall be treated in all respects as if
been raised in the pleadings. Such
they had been raised in the
amendment of the pleadings as may be
necessary to cause them to conform to pleadings. No amendment of such
the evidence and to raise these issues pleadings deemed amended is
may be made upon motion of any party at necessary to cause them to conform
any time, even after judgment; but failure to the evidence.
to amend does not affect the result of the
trial of these issues. If evidence is
objected to at the trial on the ground that
it is not within the issues made by the
pleadings, the court may allow the
pleadings to be amended and shall do…
conform to or authorize presentation
of evidence
…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.
conform to or authorize presentation of
evidence
Even if the complaint is defective, if the parties go to trial thereon, and the
plaintiff, without objection, introduces sufficient evidence to constitute the
particular cause of action which it intended to allege in the original
complaint, and the defendant voluntarily produces witnesses to meet the
cause of action thus established, an issue is joined as fully and as effectively
as if it had been previously joined by the most perfect pleadings. Likewise,
when issues not raised by the pleadings are tried by express or implied
consent of the parties, they shall be treated in all respects as if they had
been raised in the pleadings.
Thus, for so long as the basic requirements of fair play had been met, as
where litigants were given full opportunity to support their respective
contentions and to object to or refute each other's evidence, the court may
validly treat the pleadings as if they had been amended to conform to the
evidence and proceed to adjudicate on the basis of all the evidence before
it. (Philippine National Bank v. Sps. Manalo, G.R. No. 174433, 24 February
2014)
Section 8. Effect of amended pleadings
An amended pleading supersedes An amended pleading supersedes
the pleading that it amends. the pleading that it amends.
However, admissions in superseded However, admissions in superseded
pleadings may be received in pleadings may be offered in evidence
evidence against the pleader; and against the pleader; and claims or
claims or defenses alleged therein defenses alleged therein not
not incorporated in the amended incorporated in the amended
pleading shall be deemed waived. pleading shall be deemed waived.
Under the Rules, pleadings superseded or amended disappear from the

record, lose their status as pleadings and cease to be judicial admissions.
While they may nonetheless be utilized against the pleader as extrajudicial
admissions, they must, in order to have such effect, be formally offered in
evidence. If not offered in evidence, the admission contained therein will not
be considered. (Ching v. Court of Appeals, G.R. No. 110844, 27 April 2000)
RULE 11
WHEN TO FILE RESPONSIVE
PLEADINGS
Section 1. Answer to the complaint
The defendant shall file his The defendant shall file his or her
answer to the complaint within fifteen answer to the complaint within thirty
(15) days after service of summons, (30) calendar days after service of
unless a different period is fixed by summons, unless a different period is
the court. fixed by the court.
Section 2. Answer of a defendant
foreign private juridical entity
Where the defendant is a foreign Where the defendant is a foreign
private juridical entity and service of private juridical entity and service of
summons is made on the summons is made on the
government official designated by government official designated by
law to receive the same, the answer law to receive the same, the answer
shall be filed within thirty (30) days shall be filed within sixty (60)
after receipt of summons by such calendar days after receipt of
entity. summons by such entity.
Section 3. Answer to amended complaint
Where the plaintiff files an amended Where the plaintiff files an amended
complaint as a matter of right, the complaint as a matter of right, the
defendant shall answer the same within defendant shall answer the same within
fifteen (15) days after being served with a thirty (30) calendar days after being served
copy thereof. with a copy thereof.
Where its filing is not a matter of right, Where its filing is not a matter of right,
the defendant shall answer the amended the defendant shall answer the amended
complaint within ten (10) days from notice complaint within fifteen (15) calendar days
of the order of admitting the same. An from notice of the order of admitting the
answer earlier filed may serve as the same. An answer earlier filed may serve as
answer to the amended complaint if no new the answer to the amended complaint if no
answer is filed. new answer is filed.
This Rule shall apply to the answer to an This Rule shall apply to the answer to an
amended counterclaim, amended cross- amended counterclaim, amended cross-
claim, amended third (fourth, etc.)-party claim, amended third (fourth, etc.)-party
complaint, and amended complaint-in- complaint, and amended complaint-in-
intervention. intervention.
Section 4. Answer to counterclaim
or cross-claim
A counterclaim or cross-claim A counterclaim or cross-claim must
must be answered within ten (10) be answered within twenty (20)
days from service. calendar days from service.
Section 6. Reply
A reply may be filed within ten (10) A reply, if allowed under Section
days from service of the pleading 10, Rule 6 hereof, may be filed within
responded to. fifteen (15) calendar days from
service of the pleading responded to.
Section 7. Answer to
supplemental
complaint
A supplemental complaint may be A supplemental complaint may be
answered within ten (10) days from answered within twenty (20) calendar
notice of the order admitting the days from notice of the order
same, unless a different period is admitting the same, unless a different
fixed by the court. The answer to the period is fixed by the court. The
complaint shall serve as the answer answer to the complaint shall serve
to the supplemental complaint if no as the answer to the supplemental
new or supplemental answer is filed. complaint if no new or supplemental
answer is filed.
Section 11. Extension of time to file
an answer
Section 11. Extension of time to A defendant may, for meritorious
plead. – Upon motion and on such terms reasons, be granted an additional period
as may be just, the court may extend the of not more than thirty (30) calendar days
time to plead provided in these Rules. to file an answer. A defendant is only
allowed to file one (1) motion for
The court may also, upon like terms, extension of time to file an answer.
allow an answer or other pleading to be
filed after the time fixed by these Rules. A motion for extension to file any
pleading, other than an answer, is
prohibited and considered a mere scrap
of paper. The court, however, may allow
any other pleading to be filed after the
time fixed by these Rules.
RULE 13
FILING AND SERVICE OF
PLEADINGS, JUDGMENTS AND
OTHER PAPERS
Section 1. Coverage
This Rule shall govern the filing of This Rule shall govern the filing of
all pleadings and other papers, as all pleadings, motions and other court
well as the service thereof, except submissions, as well as their service,
those for which a different mode of except those for which a different
service is prescribed. mode of service is prescribed.
Section 2. Filing and service, defined
Filing is the act of presenting the Filing is the act of submitting the
pleading or other paper to the clerk of pleading or other paper to the court.
court.
Service is the act of providing a party
Service is the act of providing a party with a copy of the pleading or any other
with a copy of the pleading or paper court submission. If a party has appeared
concerned. If any party has appeared by by counsel, service upon such party shall
counsel, service upon him shall be made be made upon his or her counsel, unless
upon his counsel or one of them, unless service upon the party and the party’s
service upon the party himself is ordered counsel is ordered by the court. Where
by the court. Where one counsel appears one counsel appears for several parties,
for several parties, he shall only be such counsel shall only be entitled to one
entitled to one copy of any paper served copy of any paper served by the opposite
upon him by the opposite side. 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.
Section 2, Rule 13 of the Rules of Civil Procedure provides that if any party has
appeared by counsel, service upon him shall be made upon his counsel unless
service upon the party himself is ordered by the trial court. Notice or service made
upon a party who is represented by counsel is a nullity. Notice to the client and not to
his counsel of record is not notice in law. The rule admits of exceptions, as when the
court or tribunal orders service upon a party or when the tribunal defendant is
waived.
Moreover, in the absence of a proper and adequate notice to the court of a

change of address, the service of the order or resolution of a court upon the parties
must be made at the last address of their counsel on record. It is the duty of the party
and his counsel to device a system for the receipt of mail intended for them, just as it
is the duty of the counsel to inform the court officially of a change in his address. It is
also the responsibility of a party to inform the court of the change of his address so
that in the event the court orders that an order or resolution be served on the said
party to enable him to receive the said resolution or order. (Garrucho v. Court of
Appeals, G.R. No. 143791, 14 January 2005)
Section 3. Manner of filing
The filing of pleadings, appearances, The filing of pleadings and other court
motions, notices, orders, judgments and submissions shall be made by:
all other papers shall be made by
presenting the original copies thereof, (a) Submitting personally the original
plainly indicated as such, personally to thereof, plainly indicated as such, to the
the clerk of court or by sending them by court;
registered mail. In the first case, the clerk
of court shall endorse on the pleading the (b) Sending them by registered mail;
date and hour of filing. In the second
case, the date of the mailing of motions, (c) Sending them by accredited
pleadings, or any other papers or courier;
payments or deposits, as shown by the
post office stamp on the envelope or the (d) Transmitting them by electronic
registry receipt, shall be considered as mail or other electronic means as may be
the date of their filing, payment, or authorized by the Court in places where
deposit in court. The envelope shall be the court is electronically equipped.
attached to the record of the case.
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.
“ACCREDITED COURIERS” – an accreditation process to be devised by
the Office of the Court Administrator, like for surety bond companies, to be
approved by the SC
“ELECTRONIC MAIL OR OTHER ELECTRONIC MEANS” as authorized by

the SC in places where the courts are equipped
In this case, however, the counsel for petitioners filed the Notice of Appeal
via a private courier, a mode of filing not provided in the Rules. Though not
prohibited by the Rules, we cannot consider the filing of petitioners’ Notice of
Appeal via LBC timely filed. It is established jurisprudence that “the date of
delivery of pleadings to a private letter-forwarding agency is not to be
considered as the date of filing thereof in court;” instead, “the date of actual
receipt by the court x x x is deemed the date of filing of that pleading.” (Heirs
of Numeriano v. Miranda, G.R. No. 179638, 8 July 2013)
Section 5. Modes of service
Service of pleadings, motions, Pleadings, motions, notices,
notices, orders, judgments and other orders, judgments, and other court
papers shall be made either submissions shall be served
personally or by mail. personally or by registered mail,
accredited courier, electronic mail,
facsimile transmission, other
electronic means as may be
authorized by the Court, or as
provided for in international
conventions to which the Philippines
is a party.
FACSIMILE TRANSMISSION ALLOWED ONLY FOR SERVICE, NOT

FILING OR SUBMISSION TO COURT
Section 6. Personal service
Service of the papers may be made Court submissions may be served by
by delivering personally a copy to the personal delivery of a copy to the party or
party or his counsel, or by leaving it in his to the party’s counsel, or to their
office with his clerk or with a person authorized representative named in the
having charge thereof. If no person is appropriate pleading or motion, or by
found in his office, or his office is not leaving it in his or her office with his or
known, or he has no office, then by her clerk, or with a person having charge
leaving the copy, between the hours of thereof. If no person is found in his or her
eight in the morning and six in the office, or his or her office is not known, or
evening, at the party's or counsel's he or she has no office, then by leaving
residence, if known, with a person of the copy, between the hours of eight in
sufficient age and discretion then residing the morning and six in the evening, at the
therein. party’s or counsel’s residence, if known,
with a person of sufficient age and
discretion residing therein.
Section 9. Service by electronic means
and facsimile
New Provision
Service by electronic means and facsimile shall be made if the
party concerned consents to such modes of service.
Service by electronic means shall be made by sending an e-mail

to the party’s or counsel’s electronic mail address, or through other
electronic means of transmission as the parties may agree on, or
upon direction of the court.
Service by facsimile shall be made by sending a facsimile copy to

the party’s or counsel’s given facsimile number.
SERVICE BY ELECTRONIC MEANS OR BY FACSIMILE REQUIRES
CONSENT OF THE PARTIES AFFECTED
Section 10. Presumptive service
New Provision
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.
DELAY IN SERVICE, DELAY IN TRIAL

Section 11. Change of electronic mail
address or facsimile number
New Provision
A party who changes his or her electronic mail address or facsimile
number while the action is pending must promptly file, within five (5)
calendar days from such change, a notice of change of e-mail address or
facsimile number with the court and serve the notice on all other parties.
Service through the electronic mail address or facsimile number of a

party shall be presumed valid unless such party notifies the court of any
change, as aforementioned.
Section 12. Electronic mail and facsimile
subject and title of pleadings and other
documents
New Provision
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.
Section 13. Service of Judgments,
Final Orders or Resolutions
Section 9. Service of Judgments, final orders or
judgments, final orders or resolutions shall be served either
resolutions. – Judgments, final personally or by registered mail.
orders or resolutions shall be served Upon ex parte motion of any party in
either personally or by registered the case, a copy of the judgment,
mail. When a party summoned by final order, or resolution may be
publication has failed to appear in the delivered by accredited courier at the
action, judgments, final orders or expense of such party. When a party
resolutions against him shall be summoned by publication has failed
served upon him also by publication to appear in the action, judgments,
at the expense of the prevailing party. final orders or resolutions against him
or her shall be served upon him or
her also by publication at the
expense of the prevailing party.
Section 14. Conventional service or
filing of orders, pleadings and other
documents
New Provision
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
(d) Sealed and confidential documents or records.

Section 15. Completeness of service
Section 10. Completeness of Personal service is complete upon
service. – Personal service is complete actual delivery. Service by ordinary mail
upon actual delivery. Service by ordinary is complete upon the expiration of ten
mail is complete upon the expiration of (10) calendar days after mailing, unless
ten (10) days after mailing, unless the the court otherwise provides. Service by
court otherwise provides. Service by registered mail is complete upon actual
registered mail is complete upon actual receipt by the addressee, or after five (5)
receipt by the addressee, or after five (5) calendar days from the date he or she
days from the date he received the first received the first notice of the
notice of the postmaster, whichever date postmaster, whichever date is earlier.
is earlier. Service by accredited courier is complete
upon actual receipt by the addressee, or
after at least two (2) attempts to deliver
by the courier service, or upon the
expiration of five (5) calendar days after
the first attempt to deliver, whichever is
earlier.
Electronic service is complete at
the time of the electronic
transmission of the document, or
when available, at the time that the
electronic notification of service of
the document is sent. Electronic
service is not effective or complete if
the party serving the document
learns that it did not reach the
addressee or person to be served.
Service by facsimile transmission

is complete upon receipt by the other
party, as indicated in the facsimile
transmission printout.
COMPLETENESS OF SERVICE:
Personal Service - upon actual
delivery/receipt Ordinary Mail - 10 days after
mailing
Registered Mail - upon actual receipt OR presumptive receipt after 5 days from
date of 1st notice from the Post Office
Accredited Courier - upon actual receipt OR after 2 attempts to deliver by the
courier OR after 5 days from the 1st attempt to deliver by the
courier
Electronic Mail - at the time of electronic transmission OR if available, at the time the
electronic notice of service is sent
Facsimile Transmission - upon actual receipt as shown in the facsimile
transmission printout
Under the Rules, service by registered mail is complete upon actual receipt by the
addressee. However, if the addressee fails to claim his mail from the post office
within five (5) days from the date of the first notice, service becomes effective upon
the expiration of five (5) days therefrom. In such a case, there arises a presumption
that the service was complete at the end of the said five-day period. This means that
the period to appeal or to file the necessary pleading begins to run after five days
from the first notice given by the postmaster. This is because a party is deemed to
have received and to have been notified of the judgment at that point. (Quelnan v.
VHF Philippines, G.R. No. 138500, 16 September 2005)
Section 16. Proof of filing
Section 12. Proof of filing. – The The filing of a pleading or any other
filing of a pleading or paper shall be court submission shall be proved by its
proved by its existence in the record of existence in the record of the case.
the case. If it is not in the record, but is
claimed to have been filed personally, the (a) If the pleading or any other court
filing shall be proved by the written or submission is not in the record, but is
stamped acknowledgment of its filing by claimed to have been filed personally, the
the clerk of court on a copy of the same; filing shall be proven by the written or
if filed by registered mail, by the registry stamped acknowledgment of its filing by
receipt and by the affidavit of the person the clerk of court on a copy of the
who did the mailing, containing a full pleading or court submission;
statement of the date and place of
depositing the mail in the post office in a (b) If the pleading or any other court
sealed envelope addressed to the court, submission was filed by registered mail,
with postage fully prepaid, and with the filing shall be proven by the registry
instructions to the postmaster to return receipt and by the affidavit of the person
the mail to the sender after ten (10) days who mailed it, containing a full statement
if not delivered. …
of the date and place of deposit of the
mail in the post office in a sealed…
envelope addressed to the court, with
postage fully prepaid, and with
instructions to the postmaster to return
the mail to the sender after ten (10)
calendar days if not delivered.
(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 ay 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.
Revised Provision
(e) If the pleading or any other
court submission was filed through
other authorized electronic means,
the same shall be proven by an
affidavit of electronic filing of the
filing party accompanied by a copy
of the electronic acknowledgment
of its filing by the court.
PROOF OF FILING:
1, Filed personally but not in record: written/stamped acknowledgment
of filing by COC on a copy of the submission.
2. Filed by registered mail: registry receipt AND affidavit of person who
mailed it stating date and place of deposit.
3. Filed through accredited courier: affidavit of service of person who
brought the submission to the courier AND the courier’s official
receipt and document tracking number.
4. Filed by electronic mail: affidavit of electronic filing by the filing party
AND a printed/paper copy of the submission OR a written/stamped
acknowledgment of its filing by the COC.
5. Filed through other authorized electronic means: affidavit of
electronic filing AND a copy of the electronic acknowledgment of
filing from the court.
Section 17. Proof of service
Section 13. Proof of Service. – Proof Proof of personal service shall consist
of personal service shall consist of a of a written admission of the party
written admission of the party served, or served, or the official return of the server,
the official return of the server, or the or the affidavit of the party serving,
affidavit of the party serving, containing a containing a statement of the date, place
full statement of the date, place and and manner of service. If the service is
manner of service. If the service is by made by:
ordinary mail, proof thereof shall consist
of an affidavit of the person mailing of (a) Ordinary mail. – Proof shall consist
facts showing compliance with section 7 of an affidavit of the person mailing
of this Rule. If service is made by stating the facts showing compliance with
registered mail, proof shall be made by Section 7 of this Rule.
such affidavit and the registry receipt
issued by the mailing office. The registry (b) Registered mail. – Proof shall be
return card shall be filed immediately made by the affidavit mentioned above
upon its receipt by the sender, or in lieu and the registry receipt issued by the
thereof the unclaimed letter together with mailing office. The registry return card
the certified or sworn copy of the notice… shall be filed immediately upon its…
…given by the postmaster to the …receipt by the sender, or in lieu thereof,
addressee. the unclaimed letter together with the
certified or sworn copy of the notice given
by the postmaster to the addressee.
(c) Accredited courier service. – Proof

shall be made by an affidavit of service
executed by the person who brought the
pleading or paper to the service provider,
together with the courier’s official receipt of
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.
PROOF OF SERVICE:
1. Personal Service: written admission of the party served
(acknowledgment receipt/signature) OR official return of the court server
OR affidavit of service of the party serving stating date, place and
manner of service
2.Ordinary Mail: affidavit of person mailing stating date, time and place of
deposit
3. Registered Mail: affidavit of person mailing AND registry receipt OR
registry return card OR unclaimed mail with certified/sworn copy of notice
given by postmaster to addressee. (OR postmaster’s certificate)
4. Accredited Courier: affidavit of service by the person who brought the
pleading to the courier AND O.R. AND document tracking number
5.Electronic mail, facsimile or other electronic means: affidavit of person
who sent it AND printed copy of transmittal
6.
Section 18. Court-issued orders and

other documents
New Provision
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.
RULE 14
SUMMONS
Section 1. Clerk to issue summons
Upon the filing of the complaint and Unless the complaint is on its face
the payment of the requisite legal fees, dismissible under Section 1, Rule 9, the
the clerk of court shall forthwith issue the court shall, within five (5) calendar days
corresponding summons to the from receipt of the initiatory pleading and
defendants. proof of payment of the requisite legal
fees, direct the clerk of court to issue the
corresponding summons to the
defendants.
CROSS REFERENCE Rule 9, Section 1: Outright dismissal for lack of

jurisdiction over the subject matter, litis pendentia, res judicata, prescription
The service of summons is a vital and indispensable ingredient of a

defendant's constitutional right to due process. As a rule, if a defendant has
not been validly summoned, the court acquires no jurisdiction over his
person, and a judgment rendered against him is void. (Express Padala
(Italia), S.P.A. v. Ocampo, G.R. No. 202505, 6 September 2017)
Section 1. Clerk to issue summons
Service of notices and summons on interested parties in a civil, criminal, or
special proceeding is court procedure. As such, in matters relating to procedures in
court, the Rules of Procedure as promulgated by the Supreme Court shall govern.
While the Cooperative Code provisions, as administered by the Cooperative
Development, may govern matters relating to cooperatives’ activities, they are not
procedural rules that will govern court processes. Thus, a Cooperative Code
provision requiring cooperatives to have an official address to which all notices and
communications shall be sent cannot take the place of the rules on summons under
the Rules of Court concerning a court proceeding.
This is not to say, however, that the notices cannot be sent to cooperatives in
accordance with the Cooperative Code. Notices may be sent to a cooperative’s
official address. However, service of notices sent to the official address in
accordance with the Cooperative Code may not be used as a defense for violations
of procedures, specially when such violation affects another party’s rights. (Cathay
Metal Corporation v. Laguna West Multi-Purpose Cooperative, Inc., G.R. No. 172204,
10 July 2014)
Section 2. Contents
The summons shall be directed to the The summons shall be directed to the
defendant, signed by the clerk of court defendant, signed by the clerk of court
under seal, and contain: (a) the name of under seal, and contain:
the court and the names of the parties to
the action; (b) a direction that the (a)The name of the court and the
defendant answer within the time fixed by names of the parties to the action;
these Rules; (c) a notice that unless the
(b) When authorized by the court upon
defendant so answers, plaintiff will take
ex parte motion, an authorization for the
judgment by default and may be granted
plaintiff to serve summons to the defendant;
the relief applied for.
(c) A direction that the defendant answer
xxx xxx xxx within the time fixed by these Rules; and
(d) A notice that unless the defendant so

answers, plaintiff will take judgment by
default and may be granted the relief
applied for.
xxx xxx xxx
Section 3. By whom served
The summons may be served by the The summons may be served by the
sheriff, his deputy, or other proper court sheriff, his or her deputy, or other proper
officer, or for justifiable reasons by any court officer, and in case of failure of
suitable person authorized by the court service of summons by them, the court
issuing the summons. may authorize the plaintiff – to serve the
summons – together with the sheriff.
In cases were 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…
Section 3. By whom served
…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 of the defendants,
the court shall order the plaintiff to cause
the service of summons by other means
available under the Rules.
Section 3. By whom
served
Failure to comply with the order shall
cause the dismissal of the initiatory
pleading without prejudice.
1st: the sheriff or process server must first try to serve the summons.
2nd: upon the court officer’s failure, court may authorize plaintiff or
representative BUT together with sheriff
3rd : service outside judicial region, plaintiff or its representative may be
authorized to serve
4th : if summons unserved on any or all of the defendants, court order for
plaintiff to serve summons by other means available – upon failure to
comply = dismissal without prejudice (Rule 14, Sec. 16 cf. Rule 17,
Sec. 3)
False claim of service = dismissal with prejudice; all proceedings nullified;
sanctions versus plaintiff and/or counsel
Section 4. Validity of summons and
issuance of alias summons
New Provision
Summons shall remain valid until duly served, unless it is
recalled by the court. In case of loss or destruction of summons,
the court may, upon motion, issue an alias summons.
There is failure of service after unsuccessful attempts to

personally serve the summons on the defendant in his or her
address indicated in the complaint. Substituted service should
be in the manner provided under Section 6 of this Rule.
Section 5. Service in person
on defendant
Section 6. Service in person on Whenever practicable, the
defendant. – Whenever practicable, summons shall be served by handing
the summons shall be served by a copy thereof to the defendant in
handing a copy thereof to the person and informing the defendant
defendant in person, or, if he refuses that he or she is being served, or, if
to receive and sign for it, by he or she refuses to receive and sign
tendering it to him. for it, by leaving the summons within
the view and in the presence of the
defendant.
Section 5. Service in person
on defendant
TENDER OF SERVICE OF SUMMONS: leaving the summons in the view
and presence of defendant if latter refuses to receive (Sheriff’s Handbook)
As a general rule, personal service is the preferred mode of service of

summons. Substituted service is the exception to this general rule.
(People’s General Insurance Corporation v. Guansing, G.R. No. 204759, 14
November 2018)
Personal service of summons has nothing to do with the location where
summons is served. A defendant’s address is inconsequential. Rule 14,
Section 6 of the 1997 Rules of Civil Procedure is clear in what it requires:
personally handing the summons to the defendant (albeit tender is
sufficient should the defendant refuse to receive and sign). What is
determinative of the validity of personal service is, therefore, the person of
the defendant, not the locus of service. (Spouses Manuel v. Ong, G.R. No.
205249, 15 October 2014)
Section 6. Substituted service
Section 7. Substituted service. – If, If, for justifiable causes, the defendant
for justifiable causes, the defendant cannot be served personally after at least
cannot be served within a reasonable three (3) attempts on two (2) different
time as provided in the preceding section, dates, service may be effected:
service may be effected (a) by leaving
copies of the summons at the (a) By leaving copies of the summons
defendant's residence with some person at the defendant's residence to a person
of suitable age and discretion then at least eighteen (18) years of age and of
residing therein, or (b) by leaving the sufficient discretion residing therein;
copies at defendant's office or regular
place of business with some competent (b) By leaving copies of the summons
person in charge thereof. 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 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.
The following are the requisites to effect a valid substituted service:
1. Impossibility of prompt personal service, proof of which must be shown to the

court;
2. The sheriff must particularly describe in his Return of Summons the specific facts
and circumstances surrounding the attempted personal service, such as the
efforts made to find the defendant and the reasons behind the failure to serve the
summons;
3. If the substituted service will be effected at the defendant's house or residence,
the summons should be left with a person of “suitable age and discretion then
residing therein.” A person of suitable age and discretion is one who has attained
the age of full legal capacity (e.g., at least 18 years old) and is considered to have
enough discernment to understand the importance of a summons. On the other
hand, if substituted service is to be done at the defendant's office or regular place
of business, the summons should be served on a competent person in charge of
the place (e.g., president, manager), which person must have sufficient
knowledge to understand the obligation of the defendant in the summons, its
importance, and the prejudicial effects arising from inaction on the summons.
(Nation Petroleum Gas, Inc. v. RCBC, G.R. No. 183370, 17 August 2015)
4.

In an action in personam, jurisdiction over the person of the defendant is
necessary for the court to validly try and decide the case. Jurisdiction over
the person of a resident defendant who does not voluntarily appear in court
can be acquired by personal service of summons as provided under Section
7, Rule 14 of the Rules of Court. If he cannot be personally served with
summons within a reasonable time, substituted service may be made in
accordance with Section 8 of said Rule. If he is temporarily out of the
country, any of the following modes of service may be resorted to: (a)
substituted service set forth in Section 8; (2) personal service outside the
country, with leave of court; (3) service by publication, also with leave of
court; or (4) any other manner the court may deem sufficient. (Domagas v.
Jensen, G.R. No. 158407, 17 January 2005) cf. Manotoc v. Court of
Appeals, GR 130974, August 16, 2006
Section 7. Service upon entity
without juridical personality
Section 8. Service upon entity When persons associated in an entity
without juridical personality. – When without juridical personality are sued
persons associated in an entity without under the name by which they are
juridical personality are sued under the generally or commonly known, service
name by which they are generally or may be effected upon all the defendants
commonly known, service may be by serving upon any one of them, or upon
effected upon all the defendants by the person in charge of the office or place
serving upon any one of them, or upon of business maintained in such name.
the person in charge of the office or place But such service shall not bind
of business maintained in such name. individually any person whose connection
But such service shall not bind with the entity has, upon due notice, been
individually any person whose connection severed before the action was filed.
with the entity has, upon due notice, been
severed before the action was brought.
Section 8. Service upon prisoners
Section 9. Service upon prisoners. When the defendant is a prisoner
– When the defendant is a prisoner confined in a jail or institution, service
confined in a jail or institution, service shall be effected upon him or her by the
shall be effected upon him by the officer officer having the management of such
having the management of such jail or jail or institution who is deemed as a
institution who is deemed deputized as a special sheriff for said purpose. The jail
special sheriff for said purpose. warden shall file a return within five (5)
calendar days from service of summons
to the defendant.
Section 9. Service consistent
with international
conventions
New Provision
Service may be made through methods which are
consistent with established international conventions to which
the Philippines is a party.
Section 10. Service upon minors
and incompetents
When the defendant is a minor, insane When the defendant is a minor, insane
or otherwise an incompetent, service or otherwise an incompetent person,
shall be made upon him personally and service of summons shall be made upon
on his legal guardian if he has one, or if him or her personally and on his or her
none, upon his guardian ad litem whose legal guardian if he or she has one, or if
appointment shall be applied for by the none, upon his or her guardian ad litem
plaintiff. In the case of a minor, service whose appointment shall be applied for
may also be made on his father or by the plaintiff. In the case of a minor,
mother. service shall also be made on his or her
parent or guardian.
Section 11. Service upon spouses
New Provision
When spouses are sued jointly, service of summons should
be made to each spouse individually.
Section 12. Service upon
domestic private juridical
entity
Section 11. Service upon domestic When the defendant is a corporation,
private juridical entity. – When the partnership or association organized
defendant is a corporation, partnership or under the laws of the Philippines with a
association organized under the laws of juridical personality, service may be
the Philippines with a juridical personality, made on the president, managing
service may be made on the president, partner, general manager, corporate
managing partner, general manager, secretary, treasurer, or in-house counsel
corporate secretary, treasurer, or in- of the corporation wherever they may be
house counsel. 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.
entity
In case the domestic juridical entity is
under receivership or liquidation, service
of summons shall be made on the
receiver or liquidator, as the case may
be.
Should there be a refusal on the part

of the persons above-mentioned to
receive summons despite at least three
(3) attempts on two (2) different dates,
service may be made electronically, if
allowed by the court, as provided under
Section 6 of this Rule.
entity
In the past, the Court upheld service of summons upon a construction project
manager, a corporation’s assistant manager, and ordinary clerk of a corporation,
private secretary of corporate executives, retained counsel, and officials who had
control over the operations of the corporation like the assistant general manager or
the corporation’s Chief Finance and Administrative Officer. The Court then
considered said persons as "agent" within the contemplation of the old rule. Notably,
under the new Rules, service of summons upon an agent of the corporation is no
longer authorized, The rule now likewise states “general manager” instead of
“manager;” “corporate secretary” instead of merely “secretary;” and “treasurer”
instead of “cashier.” It has now become restricted, limited, and exclusive only to the
persons enumerated in the aforementioned provision, following the rule in statutory
construction that the express mention of one person excludes all others, or
expression unions est exclusion alterius. Service must, therefore, be made only on
the person expressly listed in the rules. If the revision committee intended to
liberalize the rule on service of summons, it could have easily done so by clear and
concise language. (Green Star Express, Inc. v. Nissin-Universal Robina Corp., G.R.
No. 181517, 6 July 2015)
Section 13. Duty of counsel of record
New Provision
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.
Section 14. Service upon foreign
private juridical entities
Section 12. Service upon foreign When the defendant is a foreign
private juridical entities. – When the private juridical entity which has
defendant is a foreign private juridical transacted or is doing business in the
entity which has transacted business in Philippines, as defined by law, service
the Philippines, service may be made on may be made on its resident agent
its resident agent designated in designated in accordance with law for
accordance with law for that purpose, or, that purpose, or, if there be no such
if there be no such agent, on the agent, on the government official
government official designated by law to designated by law to that effect, or on
that effect, or on any of its officers or any of its officers, agents, directors or
agents within the Philippines. 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
(e) By such other means as the court,

in its discretion, may direct.
Section 16. Service upon defendant
whose identity or whereabouts are
unknown
Section 14. Service upon defendant In any action where the defendant is
whose identity or whereabouts are designated as an unknown owner, or the
unknown. – In any action where the like, or whenever his or her whereabouts
defendant is designated as an unknown are unknown and cannot be ascertained
owner, or the like, or whenever his by diligent inquiry, within ninety (90)
whereabouts are unknown and cannot be calendar days from the commencement
ascertained by diligent inquiry, service of the action, service may, by leave of
may, by leave of court, be effected upon court, be effected upon him or her by
him by publication in a newspaper of publication in a newspaper of general
general circulation and in such places circulation and in such places and for
and for such time as the court may order. such time as the court may order.
Any order granting such leave shall

specify a reasonable time, which shall not
be less than sixty (60) calendar days
after notice, within which the defendant
must answer.
Section 17. Extraterritorial service
Section 15. Extraterritorial service. When the defendant does not reside
– When the defendant does not reside and is not found in the Philippines, and
and is not found in the Philippines, and the action affects the personal status of
the action affects the personal status of the plaintiff or relates to, or the subject of
the plaintiff or relates to, or the subject of which is, property within the Philippines,
which is, property within the Philippines, in which the defendant has or claims a
in which the defendant has or claims a lien or interest, actual or contingent, or in
lien or interest, actual or contingent, or in which the relief demanded consists,
which the relief demanded consists, wholly or in part, in excluding the
wholly or in part, in excluding the defendant from any interest therein, or
defendant from any interest therein, or the property of the defendant has been
the property of the defendant has been attached within the Philippines, service
attached within the Philippines, service may, by leave of court, be effected out of
may, by leave of court, be effected out of the Philippines by personal service as
the Philippines by personal service as under Section 6; or as provided for in
under Section 6; or by publication in a international conventions to which the
newspaper of general circulation in such Philippines is a party; or by publication in
places and for such time as the court… a newspaper of general circulation in…
…may order, in which case a copy of the …such places and for such time as the
summons and order of the court shall be court may order, in which case a copy of
sent by registered mail to the last known the summons and order of the court shall
address of the defendant, or in any other be sent by registered mail to the last
manner the court may deem sufficient. known address of the defendant, or in
Any order granting such leave shall any other manner the court may deem
specify a reasonable time, which shall not sufficient. Any order granting such leave
be less than sixty (60) days after notice, shall specify a reasonable time, which
within which the defendant must answer. shall not be less than sixty (60) calendar
days after notice, within which the
defendant must answer.
Jurisdiction over the person or in personam, which is the power of the
court to render a personal judgment or to subject the parties in a
particular action to the judgment and other rulings rendered in the
action, is an element of due process that is essential in all actions,
civil as well as criminal, except in actions in rem or quasi in rem.
Jurisdiction over the defendant in an action in rem or quasi in rem is not
required, and the court acquires jurisdiction over an action as long as
it acquires jurisdiction over the res that is the subject matter of the
action. The purpose of summons in such action is not the acquisition
of jurisdiction over the defendant, but mainly to satisfy the
constitutional requirement of due process. (Macasaet v. Co, GR No.
156759, June 5, 2013)
Action in personam – affects personal rights and obligations against a
person, though it may involve his right to ownership of real property
(recovery of ownership); to impose responsibility or liability directly
on a person (specific performance, pecuniary actions
Action in rem – action against the thing itself, the res

(registration of land; forfeiture proceedings); binding
upon the whole world; may concern the status of a
person (adoption, correction of entries in the civil
register under Rule 108, nullity of marriage),
Action quasi in rem – brought against a person to subject

his property to the claims nor obligations; deals with the
status, ownership or liability of a particular property but
only as to particular claimants, not the whole world;
binding only on parties to the action.
Section 17. Extraterritorial service.
Extraterritorial service of summons applies only where the action is in rem or
quasi in rem, but not if an action is in personam.
When the case instituted is an action in rem or quasi in rem, Philippine courts
already have jurisdiction to hear and decide the case because, in actions in rem and
quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to
confer jurisdiction on the court, provided that the court acquires jurisdiction over the
res. Thus, in such instance, extraterritorial service of summons can be made upon
the defendant, not for the purpose of vesting the court with jurisdiction, but for
complying with the requirements of fair play or due process, so that the defendant
will be informed of the pendency of the action against him and the possibility that
property in the Philippines belonging to him or in which he has an interest may be
subjected to a judgment in favor of the plaintiff, and he can thereby take steps to
protect his interest if he is so minded. On the other hand, when the defendant or
respondent does not reside and is not found in the Philippines, and the action
involved is in personam, Philippine courts cannot try any case against him because
of the impossibility of acquiring jurisdiction over his person unless he voluntarily
appears in court. (NM Rothschild & Sons (Australia) Limited v. Lepanto Consolidated
Mining Company, G.R. No. 175799, 28 November 2011)
Section 20. Return
Section 4. Return. – When the Within thirty (30) calendar days from
service has been completed, the server issuance of summons by the clerk of
shall, within five (5) days therefrom, serve court and receipt thereof, the sheriff or
a copy of the return, personally or by process server, or person authorized by
registered mail, to the plaintiff's counsel, the court, shall complete its service.
and shall return the summons to the clerk Within five (5) calendar days from service
who issued it, accompanied by proof of of summons, the server shall file with the
service. court and serve a copy of the return to
the plaintiff’s counsel, personally, by
registered mail, or by electronic means
authorized by the Rules.
Should substituted service have been

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

personal service within a period of thirty...
Section 20. Return
…(30) calendar days from issue and receipt
of summons;
(2) The date and time of the three (3)

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

eighteen (18) years of age and of sufficient
discretion residing thereat, name of
competent person in charge of the
defendant’s office or regular place of
business, or name of the officer of the
homeowners’ association or condominium
corporation or its chief security officer in
charge of the community or building where
the defendant may be found.
Section 20. Return
Manotoc vs. Court of Appeals, GR 130974, August 16, 2006
A sheriff’s return enjoys the presumption of regularity in its issuance if it

contains (1) the details of the circumstances surrounding the sheriff’s
attempt to serve the summons personally upon the defendants or
respondents; and (2) the particulars showing the impossibility of serving the
summons within reasonable time. It does not enjoy the presumption of
regularity if the return was merely pro forma.
Failure to state the facts and circumstances that rendered service of

summons impossible renders service of summons and the return ineffective.
In that case, no substituted service or service by publication can be valid.
(De Pedro v. Romasan Development Corporation, G.R. No. 194751, 26
November 2014)
Section 18. Proof of service. – The The proof of service of a summons
proof of service of a summons shall be shall be made in writing by the server and
made in writing by the server and shall shall set forth the manner, place, and
set forth the manner, place, and date of date of service; shall specify any papers
service; shall specify any papers which which have been served with the process
have been served with the process and and the name of the person who received
the name of the person who received the the same; and shall be sworn to when
same; and shall be sworn to when made made by a person other than a sheriff or
by a person other than a sheriff or his his or her deputy.
deputy.
If the 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.
by publication
Section 19. Proof of service by If the service has been made by
publication. – If the service has been publication, service may be proved by the
made by publication, service may be affidavit of the publisher, editor, business
proved by the affidavit of the printer, his or advertising manager, to which affidavit
foreman or principal clerk, or of the editor, a copy of the publication shall be
business or advertising manager, to attached, and by an affidavit showing the
which affidavit a copy of the publication deposit of a copy of the summons and
shall be attached, and by an affidavit order for publication in the post office,
showing the deposit of a copy of the postage prepaid, directed to the
summons and order for publication in the defendant by registered mail to his or her
post office, postage prepaid, directed to last known address.
the defendant by registered mail to his
last known address.
Section 23. Voluntary appearance
Section 20. Voluntary appearance. The defendant's voluntary appearance
– The defendant's voluntary appearance in the action shall be equivalent to
in the action shall be equivalent to service of summons. The inclusion in a
service of summons. The inclusion in a motion to dismiss of other grounds aside
motion to dismiss of other grounds aside from lack of jurisdiction over the person
from lack of jurisdiction over the person of the defendant shall be deemed a
of the defendant shall not be deemed a voluntary appearance.
voluntary appearance.
Section 23. Voluntary appearance
Jurisdiction over the defendant in a civil case is acquired either by the coercive
power of legal processes exerted over his person, or his voluntary appearance in
court. As a general proposition, one who seeks an affirmative relief is deemed to
have submitted to the jurisdiction of the court. It is by reason of this rule that we have
had occasion to declare that the filing of motions to admit answer, for additional time
to file answer, for reconsideration of a default judgment, and to lift order of default
with motion for reconsideration, is considered voluntary submission to the court’s
jurisdiction. This, however, is tempered by the concept of conditional appearance,
such that a party who makes a special appearance to challenge, among others, the
court’s jurisdiction over his person cannot be considered to have submitted to its
authority.
For an appearance to be deemed as a special appearance, objections to the

jurisdiction of the court over the person of the defendant must be explicitly made, i.e.,
set forth in an unequivocal manner; and. The failure to do so constitutes voluntary
submission to the jurisdiction of the court, especially in instances where a pleading or
motion seeking affirmative relief is filed and submitted to the court for resolution.
(Rapid City Realty and Development Corporation v. Villa, G.R. No. 184197, 11
February 2010)
RULE 15
MOTIONS
Section 2. Motions must be in writing
All motions shall be in writing except All motions shall be in writing except
those made in open court or in the course those made in open court or in the course
of a hearing or trial. of a hearing or trial.
A motion made in open court or in the

course of a hearing or trial should
immediately be resolved in open court,
after the adverse party is given the
opportunity to argue his or her opposition
thereto.
When a motion is based on facts not

appearing on record, the court may hear
the matter on affidavits or depositions
presented by the respective parties, but
the court may direct that the matter be
heard wholly or partly on oral testimony
or depositions.
Section 4. Non-litigious motions
New Provision
Motions which the court may act upon without prejudicing the rights of
adverse parties are non-litigious motions. These motions include:
(a) Motion for the issuance of an alias summons;

(b) Motion for extension to file answer;
(c) Motion for postponement;

(d) Motion for the issuance of a writ of execution;
(e) Motion for the issuance of an alias writ of execution;
(f) Motion for the issuance of a writ of possession;
(g) Motion for the issuance of an order directing the sheriff to execute the
final certificate of sale; and
(h) Other similar motions.
These motions shall not be set for hearing and shall be resolved by the
court within five (5) calendar days from receipt thereof.
Section 4. Non-litigious motions
While, as a general rule, all written motions should be set for
hearing under Section 4, Rule 15 of the Rules of Court,
excepted from this rule are non-litigious motions or motions
which may be acted upon by the court without prejudicing the
rights of the adverse party. (Delos Reyes v. Ramnani, G.R. No.
169135, 18 June 2010)
Section 5. Litigious
motions
New Provision
(a) Litigious motions include:
1) Motion for bill of particulars;

2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been filed;
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.
15)
Section 5. Litigious motions
New Provision
(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.
Section 6. Notice of hearing on
litigious motions;
discretionary
Section 5. Notice of hearing. – The court may, in the exercise of
The notice of hearing shall be its discretion, and if deemed
addressed to all parties concerned, necessary for its resolution, call a
and shall specify the time and date of hearing on the motion. The notice of
the hearing which must not be later hearing shall be addressed to all
than ten (10) days after the filing of parties concerned, and shall specify
the motion. the time and date of the hearing.
Section 6. Notice of hearing on
litigious motions;
discretionary
NOTICE OF HEARING NO LONGER REQUIRED – FOR LITIGIOUS MOTIONS,
OPPOSITION AUTOMATIC. THE COURT WILL DETERMINE IF A HEARING IS
NECESSARY AND SHALL ISSUE THE NOTICE OF HEARING ITSELF.
The requirement of notice of time and hearing in the pleading filed by a party is
necessary only to apprise the other of the actions of the former. Thus, as an integral
component of the procedural due process, the three-day notice required by the Rules
is not intended for the benefit of the movant. Rather, the requirement is for the
purpose of avoiding surprises that may be sprung upon the adverse party, who must
be given time to study and meet the arguments in the motion before a resolution of
the court. Principles of natural justice demand that the right of a party should not be
affected without giving it an opportunity to be heard.
The test is the presence of opportunity to be heard, as well as to have time to

study the motion and meaningfully oppose or controvert the grounds upon which it is
based. (Preysler, Jr. v. Manila Southcoast Development Corporation, G.R. No.
171872, 28 June 2010)
Section 7. Proof of service necessary
Section 6. Proof of No written motion shall be
service necessary. – No acted upon by the court
written motion set for hearing without proof of service
shall be acted upon by the thereof, pursuant to Section
court without proof of service 5(b) hereof.
thereof.
Section 8. Motion day
Section 7. Motion day. – Except Except for motions requiring
for motions requiring immediate immediate action, where the court
action, all motions shall be scheduled decides to conduct hearing on a
for hearing on Friday afternoons, or if litigious motion, the same shall be set
Friday is a non-working day, in the on a Friday.
afternoon of the next working day.
Section 12. Prohibited motions
New Provision
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;
(e)
Section 12. Prohibited motions
New Provision
(f) 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
(g) 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.
Section 13. Dismissal with prejudice
Rule 16, Section 5. Effect of Subject to the right of appeal, an order
dismissal. – Subject to the right of granting a motion to dismiss or an
appeal, an order granting a motion to affirmative defense that the cause of
dismiss based on paragraphs (f), (h) and action is barred by a prior judgment or by
(i) of Section 1 hereof shall bar the the statute of limitations; that the claim or
refiling of the same action or claim. 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.
RULE 16
MOTION TO DISMISS
(The provisions under this rule
have either been deleted or
transposed.)
RULE 17
DISMISSAL OF ACTIONS
There are no substantial changes in Rule 17
As a general rule, dismissals under Section 1 of Rule 17 are without
prejudice, except when it is the second time that the plaintiff caused its
dismissal. The “two-dismissal rule” will not apply if the prior dismissal was
done at the instance of the defendant.
Thus, for a dismissal to operate as an adjudication upon the merits, i.e,

with prejudice to the re-filing of the same claim, the following requisites must
be present:
1. There was a previous case that was dismissed by a competent court;

2. Both cases were based on or include the same claim;
3. Both notices for dismissal were filed by the plaintiff; and
4. When the motion to dismiss filed by the plaintiff was consented to by
the defendant on the ground that the latter paid and satisfied all the
claims of the former. (Ching v. Cheng, G.R. No. 175507, 8 October
2014)
5.
Pursuant to Rule 17, Section 3 of the Rules of Court, a court can dismiss a case on
the ground of failure to prosecute. The true test for the exercise of such power is
whether, under the prevailing circumstances, the plaintiff is culpable for want of due
diligence in failing to proceed with reasonable promptitude.
As to what constitutes “unreasonable length of time,” this Court has ruled that it
depends on the circumstances of each particular case and that “the sound
discretion of the court” in the determination of the said question will not be
disturbed, in the absence of patent abuse. (Soliman v. Fernandez, G.R. No.
176652, 4 June 2014)
There is failure to prosecute when the plaintiff, being present, is not ready or is
unwilling to proceed with the scheduled trial or when postponements in the past were
due to the plaintiff's own making. Hence, if, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his evidence-in-chief on the complaint, or to
prosecute his action for an unreasonable length of time, or to comply with these Rules
or any order of the court, the complaint be dismissed upon motion of the defendant or
upon the court's own motion, without prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a separate action.
This dismissal shall have the effect of an adjudication upon the merits, unless
otherwise provided by the court. (Laurel v. Ardelon, G.R. No. 202967, 5 August 2015)
RULE 18
PRE-TRIAL
Section 1. When conducted
After the last pleading has been After the last responsive pleading has
served and filed, it shall be the duty of the been served and filed, the branch clerk of
plaintiff to promptly move ex parte that court shall issue, within five (5) calendar
the case be set for pre-trial. days from filing, a notice of pre-trial which
shall be set not later than sixty (60)
calendar days from the filing of the last
responsive pleading.
Section 2. Nature and Purpose
The pre-trial is mandatory. The court The pre-trial is mandatory and should
shall consider: be terminated promptly. The court shall
consider:
(a) The possibility of an amicable
settlement or of a submission to (a) The possibility of an amicable
alternative modes of dispute resolution; settlement or of a submission to
alternative modes of dispute resolution;
(b) The simplification of the issues;
(b) The simplification of the issues;
(c) The necessity or desirability of
amendments to the pleadings; (c) The possibility of obtaining
stipulations or admissions of facts and of
(d) The possibility of obtaining documents to avoid unnecessary proof;
stipulations or admissions of facts and of
documents to avoid unnecessary proof; (d) The limitation of the number and
identification of witnesses and the setting
(e) The limitation of the number of of trial dates;
witnesses;
(f) The advisability of a preliminary (e) The advisability of a preliminary
reference of issues to a commissioner; reference of issues to a commissioner;
(g) The propriety of rendering (f) The propriety of rendering

judgment on the pleadings, or summary judgment on the pleadings, or summary
judgment, or of dismissing the action judgment, or of dismissing the action
should a valid ground therefor be found should a valid ground therefor be found
to exist; to exist;
(h)The advisability or necessity of (g) The requirement for the parties to:
suspending the proceedings; and
Mark their respective evidence if
1.
(i) Such other matters as may aid in not yet marked in the judicial affidavits of
the prompt disposition of the action. their witnesses;
2.Examine and make comparisons of

the adverse parties’ evidence vis-à-vis
the copies to be marked;
3. Manifest for the record stipulations
regarding the faithfulness of the
reproductions and the genuineness and
due execution of the adverse parties’
evidence;
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.
(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)
Pre-trial is mandatory in character. It is a procedural device intended to

clarify and limit the basic issues raised by the parties and to take the trial of
cases out of the realm of surprise and maneuvering. More significantly, a
pre-trial has been institutionalized as the answer to the clarion call for the
speedy disposition of cases. It paves the way for a less cluttered trial and
resolution of the case. It is, thus, mandatory for the trial court to conduct pre-
trial in civil cases in order to realize the paramount objective of simplifying;
abbreviating, and expediting trial. (Paranaque Kings Enterprises v. Santos,
G.R. No. 194638, 2 July 2014)
The rules have made mandatory that a pre-trial should first be conducted
before hearing any case. The parties themselves are required to attend or
their representative with written authority from them in order to arrive at a
possible amicable settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or admissions of facts and
documents. All of the matters taken up during the pre-trial including the
stipulation of facts and the admissions made by the parties are required to
be recorded in a pre-trial order.
In this regard, admissions clearly made during the pre-trial conference

are conclusive upon the parties making it. The purpose of entering into a
stipulation of facts or admission of facts is to expedite trial and to relieve the
parties and the court, as well, of the costs of proving facts which will not be
disputed on trial and the truth of which can be ascertained by reasonable
inquiry. (Alarcon v. Court of Appeals, G.R. No. 126802, 28 January 2000)
Section 3. Notice of pre-trial
The notice of pre-trial shall be served The notice of pre-trial shall include the
on counsel, or on the party who has no dates respectively set for:
counsel. The counsel served with such
notice is charged with the duty of (a) Pre-trial;
notifying the party represented by him. (b) Court-Annexed Mediation; and
Judicial Dispute Resolution, if
(c)
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 non-
appearance at the pre-trial and shall merit
the same sanctions under Section 5 hereof.
Section 4. Appearance of Parties
It shall be the duty of the parties and It shall be the duty of the parties and
their counsel to appear at the pre-trial. their counsel to appear at the pre-trial,
The non-appearance of a party may be court-annexed mediation, and judicial
excused only if a valid cause is shown dispute resolution, if necessary. The non-
therefor or if a representative shall appearance of a party and counsel may
appear in his behalf fully authorized in be excused only for acts of God, force
writing to enter into an amicable majeure, or duly substantiated physical
settlement, to submit to alternative inability.
modes of dispute resolution, and to enter
into stipulations or admissions of facts A representative may appear on
and of documents. behalf of a party, but must be fully
authorized in writing to enter into an
amicable settlement, to submit to
alternative modes of dispute resolution,
and to enter into stipulations or
admissions of facts and documents.
Section 5. Effect of failure to appear
The failure of the plaintiff to appear When duly notified, the failure of the
when so required pursuant to the next plaintiff and counsel to appear without
preceding section shall be cause for valid cause when so required, pursuant
dismissal of the action. The dismissal to the next preceding Section, shall
shall be with prejudice, unless otherwise cause the dismissal of the action. The
ordered by the court. A similar failure on dismissal shall be with prejudice, unless
the part of the defendant shall be cause otherwise ordered by the court. A similar
to allow the plaintiff to present his failure on the part of the defendant and
evidence ex parte and the court to render counsel shall be cause to allow the
judgment on the basis thereof. plaintiff to present his or her evidence ex-
parte within ten (10) calendar days from
termination of the pre-trial, and the court
to render judgment on the basis of the
evidence offered.
Section 5. Effect of failure to appear
The failure of a party to appear at the pre-trial has adverse
consequences. If the absent party is the plaintiff, then his case shall be
dismissed. If it is the defendant who fails to appear, then the plaintiff is
allowed to present his evidence ex parte and the court shall render judgment
on the basis thereof. Thus, the plaintiff is given the privilege to present his
evidence without objection from the defendant, the likelihood being that the
court will decide in favor of the plaintiff, the defendant having forfeited the
opportunity to rebut or present its own evidence. (Tolentino v. Laurel, G.R.
No. 181368, 22 February 2012)
The failure to attend the pre-trial conference does not result in the default
of an absent party. Under the 1997 Rules of Civil Procedure, a defendant is
only declared in default if he fails to file his Answer within the reglementary
period. On the other hand, if a defendant fails to attend the pre-trial
conference, the plaintiff can present his evidence ex parte. (Spouses
Salvador v. Spouses Rabaja, G.R. No. 199990, 4 February 2015)
Section 6. Pre-trial brief
The parties shall file with the court and The parties shall file with the court and
serve on the adverse party, in such serve on the adverse party, in such
manner as shall ensure their receipt manner as shall ensure their receipt
thereof at least three (3) days before the thereof at least three (3) calendar days
date of the pre-trial, their respective pre- before the date of the pre-trial, their
trial briefs which shall contain, among respective pre-trial briefs which shall
others: contain, among others:
(a) A statement of their willingness to (a) A concise statement of the case

enter into amicable settlement or and the reliefs prayed for;
alternative modes of dispute resolution,
indicating the desired terms thereof; (b) A summary of admitted facts and
proposed stipulation of facts;
(b) A summary of admitted facts and
proposed stipulation of facts; (c) The main factual and legal issues
to be tried or resolved;
(c) The issues to be tried or resolved;
(d)The documents or exhibits to be (d) The propriety of referral of factual
presented, stating the purpose 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 or purpose thereof;
referral to commissioners; and
(f) The names of the witnesses, and
(f) The number and names of the the summary of their respective
witnesses, and the substance of their testimonies; and
respective testimonies.
(g) A brief statement of points of law
Failure to file the pre-trial brief shall and citation of authorities.
have the same effect as failure to appear
at the pre-trial. Failure to file the pre-trial brief shall
have the same effect as failure to appear
at the pre-trial.
Under Section 6, Rule 18 of the 1997 Rules of Civil Procedure, the failure
of the defendant to file a pre-trial brief shall have the same effect as failure to
appear at the pre-trial, i.e., the plaintiff may present his evidence ex
parte and the court shall render judgment on the basis thereof.
The remedy of the defendant is to file a motion for
reconsideration showing that his failure to file a pre-trial brief was due to
fraud, accident, mistake or excusable neglect. The motion need not really
stress the fact that the defendant has a valid and meritorious defense
because his answer which contains his defenses is already on record.
(Saguid v. Court of Appeals, G.R. No. 150611, 10 June 2003)
Section 7. Pre-Trial Order
New Provision
Upon termination of the pre-trial, the court shall issue an order within ten (10)
calendar days which shall recite in detail the matters taken up. The order shall
include:
(a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and jurisprudence;
(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;
(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.
(j)
Section 7. Pre-Trial Order

New Provision
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
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.
Section 8. Court-Annexed Mediation
New Provision
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.
A.M. No. 01-10-5-SC-PHILJA regards mediation as part of pre-trial where parties

are encouraged to personally attend the proceedings. The personal non-appearance
of a party may be excused only when the representative, who appears in his behalf,
has been duly authorized to enter into possible amicable settlement or to submit to
alternative modes of dispute resolution. To ensure the attendance of the parties, A.M.
No. 01-10-5-SC-PHILJA specifically enumerates the sanctions that the court can
impose upon a party who fails to appear in the proceedings which includes censure,
reprimand, contempt, and even dismissal of the action in relation to Section 5, Rule
18 of the Rules of Court. The respective lawyers of the parties may attend the
proceedings and, if they do so, they are enjoined to cooperate with the mediator for
the successful amicable settlement of disputes so as to effectively reduce docket
congestion. (Kent v. Micarez, G.R. No. 185758, 9 March 2011)
Section 9. Judicial Dispute Resolution
New Provision
Only if the judge of the court to which the case was originally raffled is
convinced that settlement is still possible, the case may be referred to
another court for judicial dispute resolution. The judicial dispute resolution
shall be conducted within a non-extendible period of fifteen (15) calendar
days from notice of failure of the court-annexed mediation.
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.
Section 10. Judgment after pre-trial
New Provision
Should there be no more controverted facts, or no more genuine issue as
to any material fact, or an absence of any issue, or should the answer fail to
tender an issue, the court shall, without prejudice to a party moving for
judgment on the pleadings under Rule 34 or summary judgment under Rule
35, motu proprio include in the pre-trial order that the case be submitted for
summary judgment or judgment on the pleadings, without need of position
papers or memoranda. In such cases, judgment shall be rendered within
ninety (90) calendar days from termination of the pre-trial.
The order of the court to submit the case for judgment pursuant to this
Rule shall not be the subject to appeal or certiorari.
RULE 19
INTERVENTION
There are no substantial changes in Rule 19.
Under our Rules of Court, what qualifies a person to intervene is his
possession of a legal interest in the matter in litigation or in the success of
either of the parties, or an interest against both; or when he is so situated as
to be adversely affected by a distribution or other disposition of property in
the custody of the court or an officer thereof. As regards the legal interest as
qualifying factor, this Court has ruled that such interest must be of a direct
and immediate character so that the intervenor will either gain or lose by the
direct legal operation of the judgment. The interest must be actual and
material, a concern which is more than mere curiosity, or academic or
sentimental desire; it must not be indirect and contingent, indirect and
remote, conjectural, consequential or collateral.
However, notwithstanding the presence of a legal interest, permission to

intervene is subject to the sound discretion of the court, the exercise of
which is limited by considering “whether or not the intervention will unduly
delay or prejudice the adjudication of the rights of the original parties and
whether or not the intervenor's rights may be fully protected in a separate
proceeding.” (Ongco v. Dalisay, G.R. No. 190810, 18 July 2012)
Intervention is never an independent action, but is only
ancillary and supplemental to the existing litigation. An
intervention presupposes the pendency of a suit in a court of
competent jurisdiction. As such, the right of an intervenor
should only be in aid of the right of the original party. Where the
right of the latter has ceased to exist, there is nothing to aid or
fight for; hence, the right of intervention ceases. (Pulgar v.
RTC,
G.R. No. 157583, 10 September 2014)
RULE 21
SUBPOENA
Section 6. Service
Service of a subpoena shall be made Service of a subpoena shall be made
in the same manner as personal or in the same manner as personal or
substituted service of summons. The substituted service of summons. The
original shall be exhibited and a copy original shall be exhibited and a copy
thereof delivered to the person on whom it thereof delivered to the person on whom
is served, tendering to him the fees for it is served. The service must be made so
one day's attendance and the kilometrage as to allow the witness a reasonable time
allowed by these Rules, except that, when for preparation and travel to the place of
a subpoena is issued by or on behalf of attendance.
the Republic of the Philippines or an
officer or agency thereof, the tender need Costs for court attendance and the
not be made. The service must be made production of documents and other
so as to allow the witness a reasonable materials subject of the subpoena shall
time for preparation and travel to the be tendered or charged accordingly.
place of attendance. If the subpoena is
duces tecum, the reasonable cost of
producing the books, documents or things
demanded shall also be tendered.
RULE 23
DEPOSITIONS PENDING
ACTIONS
Section 1. Depositions pending
action, when may be taken
By leave of court after jurisdiction has Upon ex parte motion of a party, the
been obtained over any defendant or testimony of any person, whether a party
over property which is the subject of the or not, may be taken by deposition upon
action, or without such leave after an oral examination or written
answer has been served, the testimony interrogatories. The attendance of
of any person, whether a party or not, witnesses may be compelled by the use
may be taken, at the instance of any of a subpoena as provided in Rule 21.
party, by deposition upon oral Depositions shall be taken only in
examination or written interrogatories. accordance with these Rules. The
The attendance of witnesses may be deposition of a person confined in prison
compelled by the use of a subpoena as may be taken only by leave of court on
provided in Rule 21. Depositions shall be such terms as the court prescribes.
taken only in accordance with these
Rules. The deposition of a person
confined in prison may be taken only by
leave of court on such terms as the court
prescribes.
RULE 25
INTERROGATORIES TO PARTIES
Section 1. Interrogatories to
parties; service thereof
Under the same conditions specified Upon ex parte motion, any party
in Section 1 of Rule 23, any party desiring to elicit material and relevant
desiring to elicit material and relevant facts from any adverse parties shall file
facts from any adverse parties shall file and serve upon the latter written
and serve upon the latter written interrogatories to be answered by the
interrogatories to be answered by the party served or, if the party served is a
party served or, if the party served is a public or private corporation or a
public or private corporation or a partnership or association, by any officer
partnership or association, by any officer thereof competent to testify in its behalf.
thereof competent to testify in its behalf.
RULE 30
TRIAL
Section 1. Schedule of trial
Section 1. Notice of trial. – Upon Schedule of trial. – The parties shall
entry of a case in the trial calendar, the strictly observe the scheduled hearings as
clerk shall notify the parties of the date of agreed upon and set forth in the pre-trial
its trial in such manner as shall ensure order.
his receipt of that notice at least five (5)
(a) The schedule of the trial dates, for
days before such date.
both plaintiff and defendant, shall be
continuous and within the following periods:
i. The initial presentation of plaintiff’s

evidence shall be set not later than thirty
(30) calendar days after the termination of
the pre-trial conference. Plaintiff shall be
allowed to present its evidence within a
period of three (3) months or ninety (90)
calendar days which shall include the date
of the judicial dispute resolution, if
necessary;
ii. The initial presentation of
defendant’s evidence shall be set not
later than thirty (30) calendar days after
the court’s ruling on plaintiff’s formal offer
of evidence. The defendant shall be
allowed to present its evidence within a
period of three (3) months or ninety (90)
calendar days;
The period for the presentation of

iii.
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.
(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.
(c) The court shall decide and serve
copies of its decision to the parties within
a period not exceeding ninety (90)
calendar days from the submission of the
case for resolution, with or without
memoranda.
Section 2. Adjournments
and postponements
A court may adjourn a trial from day to A court may adjourn a trial from day to
day, and to any stated time, as the day, and to any stated time, as the
expeditious and convenient transaction of expeditious and convenient transaction of
business may require, but shall have no business may require, but shall have no
power to adjourn a trial for a longer power to adjourn a trial for a longer
period than one month for each period than one month for each
adjournment, nor more than three months adjournment, nor more than three months
in all, except when authorized in writing in all, except when authorized in writing
by the Court Administrator, Supreme by the Court Administrator, Supreme
Court. Court.
The party who caused the

postponement is warned that the
presentation of its evidence must still be
terminated on the remaining dates
previously agreed upon.
Section 4. Hearing days and calendar
call
New Provision
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.
Administrative Circular No. 35-2020 (27
April 2020)
This circular prescribes the following rules in areas under Enhanced Community
Quarantine.
• Item No. 1: All courts in the ECQ areas shall remain physically closed to all court
users until 15 May 2020, and may be reached only through their respective
hotline numbers, email addresses and/or Facebook accounts as posted on the
website of the Supreme Court.
• Item No. 2: While the courts shall remain physically closed to all court users in the
ECQ areas, they shall continue to operate from 9:00 a.m. to 3:00 p.m., Monday to
Friday, until 15 May 2020. All electronic communications, however, must be
transmitted by court users from 8:30 a.m. to 2:00 p.m.
• Item No. 7: The filing of petitions, appeals, complaints, motions, pleadings and
other court submissions that fall due up to 15 May 2020 in the ECQ areas is
extended for 30 calendar days, counted from 16 May 2020, but pleadings and
other court submissions may still be filed by the parties within the reglementary
period on or before 15 May 2020 through electronic means, if preferred and able.
•

April 2020)
• Item No. 8: The periods for court actions with prescribed periods in the ECQ
areas are also extended for 30 calendar days counted from 16 May 2020, except
court actions on urgent matters.
• Item No. 9: All justices and judges in the ECQ areas shall continue to draft
decisions and orders in their respective residences until 15 May 2020, which
decisions shall be promulgated or issued once the courts are fully operational,
except decisions and orders on urgent matters which shall be promulgated or
issued during the ECQ period.
April 2020)
This circular prescribes the following rules in areas under General Community
Quarantine.
• Item No. 1: All branches of courts in the GCQ areas shall be open beginning 4
May 2020, but shall function only with a skeleton-staff to assist the judge, and
shall act only on urgent matters.
• Item No. 3: All courts in the GCQ areas shall operate from 9:00 a.m. to 3:00 p.m.
Night courts and Saturday courts, however, shall remain suspended until 15 May
2020.
• Item No. 6: The filing of petitions, appeals, complaints, motions, pleadings and
other court submissions that fall due up to 15 May 2020 in the GCQ areas is
extended for 30 calendar days, counted from 16 May 2020, but pleadings and
other court submissions may still be filed by the parties within the reglementary
period on or before 15 May 2020 through electronic means, if preferred and able.
April 2020)
• Item No. 8: The periods for court actions with prescribed periods in the GCQ
areas are also extended for 30 calendar days counted from 16 May 2020, except
court actions on urgent matters.
• Item No. 9: Decisions and orders drafted before and during the GCQ may be
promulgated and released during this period, provided no hearings are necessary,
except on urgent matters. Service of writs and other court processes on urgent
matters within the GCQ areas shall proceed.
Section 6. Oral offer of exhibits
New Provision
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.
Section 8. Suspension of actions

The suspension of actions shall The suspension of actions shall
be governed by the provisions of the be governed by the provisions of the
Civil Code. Civil Code and other laws.
RULE 33
DEMURRER TO EVIDENCE
Section 2. Action on demurrer to evidence
New Provision
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.
Failure to state a cause of action is different from failure to prove a cause

of action. The remedy in the first is to move for dismissal of the pleading,
while the remedy in the second is to demur to the evidence, hence
reference to Section 5 of Rule 10 has been eliminated in this section. The
procedure would consequently be to require the pleading to state a cause of
action, by timely objection to its deficiency; or, at the trial, to file a demurrer
to evidence, if such motion is warranted. (Zuniga-Santos v. Santos-Gran,
G.R. No. 197380, 8 October 2014)
RULE 34
JUDGMENT ON THE PLEADINGS
Section 2. Action on motion for judgment on the pleadings
New Provision
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.
• Judgment on the pleadings is proper when an answer fails to tender an issue, or
otherwise admits the material allegations of the adverse party's pleading.
An answer fails to tender an issue if it does not comply with the requirements of a
specific denial as set out in Sections 8 and 10, Rule 8 of the 1997 Rules of Civil
Procedure, resulting in the admission of the material allegations of the adverse
party's pleadings. (Asian Construction & Development Corporation v. Sannaedle
Co., Ltd., G.R. No. 181676, 11 June 2014)
RULE 35
SUMMARY JUDGMENTS
Section 3. Motion and proceedings thereon
The motion shall be served at least The motion shall cite the supporting
ten (10) days before the time specified for affidavits, depositions or admissions, and
the hearing. The adverse party may the specific law relied upon. The adverse
serve opposing affidavits, depositions, or party may file a comment and serve
admissions at least three (3) days before opposing affidavits, depositions, or
the hearing. After the hearing, the admissions within a non-extendible
judgment sought shall be rendered period of five (5) calendar days from
forthwith if the pleadings, supporting receipt of the motion. Unless the court
affidavits, depositions, and admissions on orders the conduct of a hearing,
file, show that, except as to the amount of judgment sought shall be rendered
damages, there is no genuine issue as to forthwith if the pleadings, supporting
any material fact and that the moving affidavits, depositions and admissions on
party is entitled to a judgment as a matter file, show that, except as to the amount of
of law. damages, there is no genuine issue as to
any material fact and that the moving
party is entitled to judgment as a matter
of law.
Section 3. Motion and
proceedings thereon
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.
Section 4. Case not fully adjudicated
on motion
If on motion under this Rule, judgment is If on motion under this Rule, judgment
not rendered upon the whole case or for all is not rendered upon the whole case or
the reliefs sought and a trial is necessary, for all the reliefs sought and a trial is
the court at the hearing of the motion, by necessary, the court may, by examining
examining the pleadings and the evidence the pleadings and the evidence before it
before it and by interrogating counsel shall and by interrogating counsel, ascertain
ascertain what material facts exist without what material facts exist without
substantial controversy and what are
substantial controversy, including the
actually and in good faith controverted. It
extent to which the amount of damages
shall thereupon make an order specifying
the facts that appear without substantial or other relief is not in controversy, and
controversy, including the extent to which direct such further proceedings in the
the amount of damages or other relief is not action as are just. The facts so
in controversy, and directing such further ascertained shall be deemed established,
proceedings in the action as are just. The and the trial shall be conducted on the
facts so specified shall be deemed controverted facts accordingly.
established, and the trial shall be conducted
on the controverted facts accordingly.
The disposition of a civil action via summary judgment is a method sanctioned
under the Rules where there exists no question or controversy as to the material
facts. Thus, when a party moves for summary judgment, this is premised on the
assumption that a scrutiny of the facts will disclose that the issues presented need
not be tried either because these are patently devoid of substance or that there is no
genuine issue as to any pertinent fact.
A “genuine issue of fact” is an issue which requires the presentation of evidence,

as distinguished from a sham, fictitious, contrived or false claim. When the facts as
pleaded appear uncontested or undisputed, then there is no real or genuine issue or
question as to the facts, and summary judgment is called for. The party who moves
for summary judgment has the burden of demonstrating clearly the absence of any
genuine issue of fact, or that the issue posed in the complaint is so patently
unsubstantial as not to constitute a genuine issue for trial, and any doubt as to the
existence of such an issue is resolved against the movant.
Thus, for a summary judgment to prosper, the following requisites must concur:
1. There must be no genuine issue as to any material fact, except for the
amount of damages; and,
2. The party presenting the motion for summary judgment must be entitled to a
judgment as a matter of law. (YKR Corporation v. Philippines Agri-Business
Center Corporation, G.R. No. 191838, 20 October 2014)
RULE 144
EFFECTIVENESS
Section 4. Case not fully adjudicated on motion
These rules shall take effect on These rules shall take effect on
January 1, 1964. They shall govern all January 1, 1964. They shall govern all
cases brought after they take effect, and cases brought after they take effect, and
also all further proceedings in cases then also all further proceedings in cases then
pending, except to the extent that in the pending, except to the extent that in the
opinion of the court their application opinion of the court, their application
would not be feasible or would work would not be feasible or would work
injustice, in which event the former injustice, in which even the former
procedure shall apply. procedure shall apply.
The 2019 Proposed Amendments to

the 1997 Rules of Civil Procedure shall
govern all cases filed after their effectivity
on May 1, 2020, and also all pending
proceedings, except to the extent that in
the opinion of the court, their application
would not be feasible or would work
injustice, in which case the procedure…
Section 4. Case not fully adjudicated
on motion
…under which the cases were filed shall
govern.
The application and adherence to the

said amendments shall be subject to
periodic monitoring by the Sub-Committee,
through the Office of the Court Administrator
(OCA). For this purpose, all courts covered
by the said amendments shall accomplish
and submit a periodic report of data in a
form to be generated and distributed by the
OCA.
All rules, resolutions, regulations or

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

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2019 Amendments to the 1997

Rules of Civil Procedure

• Recurring amendments: amendments to make

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

CROSS REFERENCE SECTION 10 REPLY – limited to actionable

An “actionable document” is a written instrument or document upon

CROSS REFERENCE RULE 8, SECTION 1: ”including the evidence”

(b) An affirmative defense is an (b) An affirmative defense is an

Affirmative defenses may also include

A counterclaim is compulsory when its object “arises out of or is

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

CROSS REFERENCE SECTION 2 PLEADINGS ALLOWED

The third (fourth, etc.)-party complaint

WHEN 3RD ETC. PARTY COMPLAINT SHALL BE DENIED ADMISSION:

3. effect is to introduce a new and separate controversy into the action

The signature of counsel constitutes a (b) The signature of counsel

(4) The denials of factual contentions

Code of Professional Responsibility: “A lawyer owes candor,

(a) The allegations in the pleading are

The authorization of the affiant to act

xxx xxx xxx

USE OF THE WORD “CALENDAR” TO QUALIFY THE NUMBER OF DAYS IS

It is expressly prohibited by this Court because it trifles with and abuses

(a) Names of witnesses who will be presented to prove a party’s claim or

(b) Summary of the witnesses’ intended testimonies, provided that the

(c) Documentary and object evidence in support of the allegations

In pleading a judgment or decision of In pleading a judgment or decision of

On 14 May 2019, the Apostille Convention on Authentication of Documents

In this regard, in countries and territories which are Apostille-contracting parties,

The term “Complaint” was amended to “in a pleading asserting a

3. That the plaintiff has no legal capacity to sue;

(b) Failure to raise the affirmative defenses at the earliest opportunity

Section 12. Affirmative defenses

(e) As to the other affirmative defenses under the first paragraph of

(f)Affirmative defenses, if denied, shall not be the subject of a motion for

CROSS REFERENCE RULE 6, SECTION 5.B

1. When there is an actual default for failure to file a

1. A right in favor of the plaintiff by whatever means and under whatever

If the allegations of the complaint do not state the concurrence of these

Section 3, Rule 10 of the 1997 Rules of Civil Procedure amended the

Under the Rules, pleadings superseded or amended disappear from the

Moreover, in the absence of a proper and adequate notice to the court of a

“ELECTRONIC MAIL OR OTHER ELECTRONIC MEANS” as authorized by

FACSIMILE TRANSMISSION ALLOWED ONLY FOR SERVICE, NOT

Service by electronic means shall be made by sending an e-mail

Service by facsimile shall be made by sending a facsimile copy to

DELAY IN SERVICE, DELAY IN TRIAL

Service through the electronic mail address or facsimile number of a

(a) Initiatory pleadings and initial responsive pleadings, such as an answer;

(b) Subpoenae, protection orders, and writs;

(d) Sealed and confidential documents or records.

Service by facsimile transmission

(c) If the pleading or any other court

(c) Accredited courier service. – Proof

(d) Electronic mail, facsimile, or other

Section 18. Court-issued orders and

CROSS REFERENCE Rule 9, Section 1: Outright dismissal for lack of

The service of summons is a vital and indispensable ingredient of a

(d) A notice that unless the defendant so