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    2019 Revised Rules On Civil Procedure

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    Mikko Acuba
    The document summarizes the key changes introduced by the 2019 Amendments to the Revised Rules of Civil Procedure and Revised Rules of Evidence in the Philippines. Some major changes include: 1) Allowing reply pleadings only if the answer attaches an actionable document; 2) Emphasizing counsel's certification on pleadings; 3) Requiring pleadings to specify witness names, testimonies, and evidence; 4) Permitting electronic filing and service. It concludes that the amendments aim to streamline litigation while incorporating technological advances, but that more can be done to utilize technology during the pandemic.

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    © All Rights Reserved
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    2019 Revised Rules On Civil Procedure

    Uploaded by

    Mikko Acuba
    97 views2 pages
    The document summarizes the key changes introduced by the 2019 Amendments to the Revised Rules of Civil Procedure and Revised Rules of Evidence in the Philippines. Some major changes include: 1) Allowing reply pleadings only if the answer attaches an actionable document; 2) Emphasizing counsel's certification on pleadings; 3) Requiring pleadings to specify witness names, testimonies, and evidence; 4) Permitting electronic filing and service. It concludes that the amendments aim to streamline litigation while incorporating technological advances, but that more can be done to utilize technology during the pandemic.

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    2019 Revised Rules on Civil Procedure

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    The document summarizes the key changes introduced by the 2019 Amendments to the Revised Rules of Civil Procedure and Revised Rules of Evidence in the Philippines. Some major changes include: 1) Allowing reply pleadings only if the answer attaches an actionable document; 2) Emphasizing counsel's certification on pleadings; 3) Requiring pleadings to specify witness names, testimonies, and evidence; 4) Permitting electronic filing and service. It concludes that the amendments aim to streamline litigation while incorporating technological advances, but that more can be done to utilize technology during the pandemic.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    97 views2 pages

    2019 Revised Rules On Civil Procedure

    Uploaded by

    Mikko Acuba
    The document summarizes the key changes introduced by the 2019 Amendments to the Revised Rules of Civil Procedure and Revised Rules of Evidence in the Philippines. Some major changes include: 1) Allowing reply pleadings only if the answer attaches an actionable document; 2) Emphasizing counsel's certification on pleadings; 3) Requiring pleadings to specify witness names, testimonies, and evidence; 4) Permitting electronic filing and service. It concludes that the amendments aim to streamline litigation while incorporating technological advances, but that more can be done to utilize technology during the pandemic.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    2019 AMENDMENTS

    Section 12. Affirmative defenses. – (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) The court shall motu proprio resolve the
    above affirmative defenses within thirty
    (30) calendar days from the fi ling of the
    answer.
    (d) As to the other affirmative defenses under
    the first paragraph of Section 5(b), Rule 6,
    the court may conduct a summary hearing
    within fifteen (15) calendar days from
    the fi ling of the answer. Such affirmative
    defenses shall be resolved by the court
    within thirty (30) calendar days from the
    termination of the summary hearing.
    (e) Affirmative defenses, if denied, shall not be
    the subject of a motion for reconsideration
    or petition for certiorari, prohibition or
    mandamus, but may be among the matters
    to be raised on appeal after a judgment on
    the merits.
    2019 Amendments to the Revised Rules of Civil Procedure and
    Revised Rules of Evidence
    Author Atty. Enrico Errol D. Angeles   Date April 28, 2020

    On October 8 and 15, 2019, the Philippine Supreme Court issued the 2019 Amendments to the Revised
    Rules of Evidence and the Amendments to the 1997 Rules of Civil Procedure (collectively the “New
    Rules”), respectively.  The New Rules will be effective on May 1, 2020 and shall cover (i) all cases filed
    after the said date; and, (ii) all pending proceedings except to the extent that, in the opinion of the court,
    their application would not be feasible or would work injustice.

    Some of the highlights and major changes under the New Rules:
    1.      The New Rules allows filing of a Reply only if the defendant attaches an actionable document to
    the Answer.
    2.      The New Rules gives emphasis to the counsel’s signature in a pleading as it constitutes a
    certification.  Courts are empowered to impose appropriate sanctions if the requirement of
    signature on the certification is violated.
     
    3.      The New Rules mandates that every pleading stating a party’s claim or defense shall also state: (i)
    the names of witnesses; (ii) summary of the witnesses’ intended testimonies and their respective
    judicial affidavits; and, (iii) documentary and object evidence.
    4.      The New Rules permits other modes of filing and service, such as through accredited couriers,
    facsimile transmission, and transmission by electronic mail or other electronic means as may be
    authorized by the Supreme Court.
    5.      The New Rules authorizes the courts to determine motu proprio whether or not it can render
    judgment on the pleadings or a summary judgment.
    6.      The disqualification by reason of mental incapacity and immaturity of witnesses was deleted in the
    New Rules, since questions concerning credibility is best addressed to the sound discretion of the
    court.
    It is evident that developments in procedural laws, jurisprudence and digital technology, as well as
    international conventions, have been incorporated in the New Rules. The Supreme Court also took
    cognizance of well-known problems and difficulties attending litigation, and addressed the same in
    certain provisions of the New Rules.  Definitely, the New Rules is a step in the right direction to update
    and streamline court proceedings, decongest court dockets and deliver just, speedy, and inexpensive
    justice deserved by all parties.
    With the ongoing pandemic, however, it has become obvious that more can and should be done to take
    advantage of and fully utilize other readily available technology to further ease doing litigation and adapt
    it to the new “normal”.  It is thus hoped that within the next few weeks, as quarantines that have been
    imposed are loosened, the Supreme Court will issue measures utilizing technology to address the current
    challenges in doing litigation.  

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