CIVIL PROCEDURE AS AMENDED (OUTLINE)

Notes based on Prof. Tranquil Salvador’s Online Lectures

Applicability

- 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 on 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 under which the cases were filed shall govern.

Pleadings

- Including evidence (Rule 8, Section 1) – in drafting of complaint under the new rules on Civil
Procedure, it must not only contain the ultimate facts, but also the evidence (object and documentary),
judicial affidavits (“JA”) of the witnesses.

- What if the evidence is immovable? It must be stated in the complaint and later on manifest
in the court that the evidence should be subjected to inspection.

- Reservation of evidence (R.18, S.2(g)4) while reservation under the rule is still allowed, it
would still be best if the evidence and JAs are already included during the filing of the complaint.

- Did this amend or repeal the Judicial Affidavit Rule because under the rule, JA should be
filed at least five (5) days before the schedule trial? In effect yes, because JAs are now required to be
submitted during the institution of the complaint.

Reply

GR: Reply is a prohibited pleading

XPN: If the defending party attached an actionable document to the answer

- Rejoinder can be filed provided that there is an actionable document attached to rebut the
Reply

Third-party complaint
Denied admission where:
1. Defendant cannot be located within 30 calendar days from grant of such leave
2. Matters extraneous to the issue in the principal case are raised
3. Effect would be to introduce a new and separate controversy into the action

- Denial of third-party complaint – file separate action (R. 6, S. 11, par 2)

Affirmative defenses (R.8, S. 12)

- This should be stated in the Answer. This new rule abolished Rule 16 of 1997 Rules on Civil
Procedure, but included the grounds under Rule 6 Sec. 5 (b), Rule 8 Sec. 12.

- Reasons set forth under R.6, S.5b, and grounds under R.8, S.12.
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 - Failure to raise affirmative defenses at the earliest opportunity shall constitute a waiver. (R.8,
S.12b)

- Court shall motu proprio resolve the affirmative defenses (under R.8, S.12) within 30 calendar
days from the filing of the answer (R.8, S.12c)

- Reasons under R.6, S.5b – court may conduct a summary hearing within 15 calendar days
from the filing of the answer, and shall be resolved by the court within 30 calendar days from the
termination of the summary hearing (R.8, S.12d). The wisdom behind this is for litigants to forego the
filing of the motion to set trial on affirmative defenses, instead the court should resolve upon filing of
the answer.

- Affirmative defenses, if denied, shall not be the subject of a(n) MR, or petition for CPM (if
I’m not mistaken, these are prohibited pleading) the reason for not this is to not to prolong the trial.
Instead of filing of MR and Petition of CPM, wait for judgment and appeal the same in the appellate
court and raise the matters on appeal after a judgment on the merits (R.12, S.12e)

- In filing an answer, defendant have 30 calendar days to file his respective answer including
the evidence and JAs needed. The court may grant an extension of another 30 calendar days.

Motion to dismiss

- While this rule is abolished in the new rules, the same can still be filed wiithin the period to
file an answer. The grounds that can only be raised in a motion to dismiss are those non-waivable
grounds.

GR: Prohibited Pleading

XPNs: 1. Court has no jurisdiction over the subject matter of the claim
2. There is another action pending between the same parties for the same cause
3. Cause of action is barred by a prior judgment
4. Barred by the statute of limitations (R. 15, S. 12a)

Signature (R.7, S.3b&c)

- Here, the signature of the lawyer constitutes a certificate that the lawyer has read the pleading
and to the best of his/her knowledge formed after an inquiry (R.7, S.3b)

- If the court found out through motion of the other party or motu propio and after notice
and hearing that this rule has been violated, court may impose an appropriate sanction or refere such
violation to the proper office for disciplinary action. The wisdom behind this provision is to prevent
filing of groundless case against anyone or by using such action as leverage for a settlement.

Verification (R.7, S.4) – still the same as the old rules, just add the following statements stated under
Rule 7 Sec 4.

Certification Against Forum Shopping – SPA and authorization or Secretary Certificate must be
attached to the complaint.

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Amendments
Amendments by leave of court (R.10, S.3)
1. You cannot amend to include cause of action
2. You cannot amend to confer jurisdiction
3. No amendment to conform with the evidence (R.10, S.5)

Extension of Time to File an Answer (R.11, S.11)

GR: Prohibited Pleading
Except: Motion for Extension to File Answer (if granted, extended for another 30 calendar
days) the only motion for extension the court can allow.

Manner of Filing – same can still be filed personally, through registered mail. In addtion to the
conventional filing, it can be filed through accredited courier and electronic means.

Accredited courier – seek the approval of the court. Once approved, the effect of the filing
through accredited courier has the same effect of registered mail.

Electronic means

Modes of Service
- Accredited courier
- Electronic means

Change of Electronic Address or Facsimile Number (R.13, S.11)

Presumptive Service (R.13, S.10) Court setting / notice of court setting

- This provision provides that lawyers cannot tell the court that they are not notified. This
serves as presumption that lawyer and/or client is notified of a court setting if such notice appears on
the records to have been mailed at least 20 calendar days prior to scheduled date of hearing, if the
addressee is from within the same judicial region of the court where the case is pending, or 30 calendar
days if outside judicial region. (So it is better from time to time to check hearings if no notice from
the court is received.)

Service of Judgments and Final Orders – upon ex parte motion of any party, a copy of the
judgment, final order or resolution may be served through accredited courier.

Conventional Service or Filing or Orders, Pleadings and Other Documents –

personal/registered mail only (R.13, S.14)

Summons

Issuance of summons – within 5 calendar days form receipt of initiatory pleading and proof
of payment of filing fees. Clerk of court may issue corresponding summons to the defendant.

Who should serve summons – Sheriff should serve the summons. However, plaintiff may be
authorized to serve summons to defendant together with the sheriff, in case of failure of service of

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summons by the proper court officers, or in cases where summons is to be served outside the judicial
region of the court where the case is pending.

Misrepresentation on service of summons (by plantiff) later proved that summons was not
served – dismissal with prejudice, proceedings nullified, plaintiff shall be meted with appropriate
sanctions.

Summons is returned unserved on any or all of the defendants, court shall order the plaintiff
to cause service by any other means available under the Rules.

Validity of summons and issuance of alias summons – valid until duly served or unless recalled
by the court. Alias summons shall be issued only when summons is lost or destoyed.

Substituted service – same as the old rules with additional service through:
Electronic mail only if allowed by the court
Leaving copy if refused entry to officers of homeowner’s association or condo officers
or security officers

Tender – Whenever practicable, serve by handing the defendant and informing that he/she is
being served. If refuses to receive, tender by leaving the summons within the view and presence of
defendant.

Service upon domestic private juridical entity – service to President, Managing Partner,
General Manager, Corporate Secretary, Treasurer or in-house counsel. As much as possible serve it in
the office to the person above stated. If not possible, “wherever they may be found, or in their absence
or unavailability, on their secretaries”

Duty of counsel of record – if lawyer makes special apperance, the court shall deputize the counsel
to serve the summons to client.

Motions

Motions in open court – resolve immediately

Non-litigious (motions will not prejudice the party) and Litigious motions – only the court will
set the hearing
Opposition to litigious motions
Prohibited motions
Dismissal with prejudice

Pre-trial

Issuance
Pre-trial requirements
Waiver of objections
Waiver of presentation of evidence

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 Effect of failure to appear – before in the old rules, case will not be dismissed if either the
lawyer or client is present when the case is called. In the new rules, both parties (lawyer and client)
must be present.

Presentation of evidence and waiver

Court-annexed mediation – mandatory after pre-trial
Judicial dispute resolution – if the judge in the court where the case is raffled is still convinced
that parties will enter into settlement, JDR will be raffled to another court. Should the JDR fail, the
records of the case will be returned to the original branch/court it is raffled.

Judgment after trial

Depositions Pending Action and Interrogatory to Parties – upon ex parte motion of a party

Trial

Schedule of Trial
Oral offer of exhibits

Action on Demurrer to Evidence – order denying the demurrer to evidence shall not be subject of
an appeal or petition for CPM before judgment (R.33, S.2)

Actions on Motion for Judgment on the Pleadings and Summary Judgment – any action of the
court on a motion for judgment on the pleadings / summary judgment shall not be subject of an
appeal or petition for CPM (R.34 and R.35)

Disclaimer: These are only guidelines and based on the outline of the Amendments of the Rules on Civil Procedure as
presented by Atty. Tranquil Salvador during his webinar held on 30 April 2020 and 01 May 2020. The foregoing
are based from the notes of the authors and their understanding of the said lecture.

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