Revised Rules on Civil Procedure

1. The proposed amendments have made the Rules more gender-sensitive, adding “or her”
to provisions that only say “him.”
2. A Reply may only be filed if the Answer attaches an actionable document.
3. The proposal would want to make an express provision saying: “Affirmative defenses
may also include grounds for the dismissal of a complaint. Specifically, that the court has
no jurisdiction, etc.”
4. The proposal would want to make it clear that a COMPULSORY counterclaim not raised
in the same action is barred.
5. A cross-claim “may cover all or part of the original complaint.”
6. “Rejoinder” has been revived but is allowed only if and when the reply attaches an
actionable document.
7. A third-party complaint shall be denied admission, and the court shall require the
defendant to institute a separate action, where:
a) The third-party defendant cannot be located within 30 days from the grant of 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.
8. The knowledge, information and belief of a counsel signing a document or a pleading
must be formed “after an inquiry reasonable under the circumstances.”
9. The filing of a pleading must not be for any improper purpose; must be warranted by
existing jurisprudence; must be supported by non-frivolous argument; the case has or will
likely have evidentiary support; and the denials of facts in the pleading are warranted by
evidence.
10.If the counsel signs a signature in violation of the rules mentioned in (8) and (9), the court
may punish the lawyer, law firm, or party. If the penalty is monetary, the lawyer or law
firm cannot pass it to the client.
11.A pleading must be verified by an affidavit.
12.In a certificate of non-forum shopping, 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.
13.Every pleading must now state details about witnesses and about pieces of documentary
or object evidence.
14.In pleading a judgment or a decision, an authenticated copy thereof must be attached to
the pleading.
15.Resolution of affirmative defenses shall be within 30 days.
16.Affirmative defenses, if denied, must be assigned as error on appeal.
17.If an amendment by leave is intended to delay, the court SHALL refuse. The same is
true if it attempts to confer jurisdiction to the court or if the pleading stated no cause of
action from the beginning.
18.It is proposed that the period to file the Answer be 30 days.
19. To answer a counterclaim or cross-claim, 20 days. To reply, 15 days. To answer a
supplemental complaint, 20 days.
20.Extension to file an Answer shall only be allowed once.
21. Filing is the act of submitting the pleading or other paper to court.