DEAR ALL:

Last May 1, 2020, the Revised Rules on Civil Procedure became effective. To note, the
following are changes in the law which you should take note of:

1. Complaint - should already attach the Judicial Affidavit;

2. Answer: Period to File - now extended to 30 days; with a singular extension of another 30
days;

3. Reply
 When Allowed - now only allowed if there is an actionable document attached to
the Answer;
 Period to File - 15 days from receipt of Answer

4. Rejoinder: When Allowed - now only allowed if there is an actionable document attached
to the Reply;

5. Signature of Counsel
 The knowledge, information and belief of a counsel signing a document or a
pleading must be formed "after an inquiry reasonable under the circumstances."
 The filing of a pleading must not be for any improper purpose; must be warranted
by existing jurisprudence; must be supported by a non-frivolous argument; the
case has or will likely have evidentiary support; and the denials of facts in the
pleading are warranted by evidence.
 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.
o Joint and Solidary Liability - exposes the responsible attorney, law firm,
or party to court sanctions

6. Verification
 Added that it filed  (1) not to harass or delay and (2) factual allegations are
supported by evidence
 Whenever there is a requirements for Verification, there is a new requirement to
attach the authority which allowed it:
o For Corporations - Secretary’s Certificate
o For Individuals - Special Power of Attorney

7. Filing with Courts

 Manner - (1) Personal Service, (2) Registered Mail, (3) Accredited Courier and
(4) Electronic Means

*Date of Mailing with AC is the Date of Filing; Date of Email is the Date of
Filing.
  Proof of Filing
o Accredited Courier - (1) Affidavit of Person Sending; Tracking Number or
Official Receipt with Accredited Courier
o Electronic Means - (1) Affidavit of Person Sending; (2) __________; (3)
Personally Acknowledgment

8. Service to Other Parties

 Modes - (1) Personal Service; (2) Mail [Registered or Ordinary]; (3) Accredited
Courier; (4) Facsimile; (5) As provided in International Conventions which
Philippines is a signatory
 Consent to Electronic Means - party must consent first to service by electronic
means or directed by the Court (not automatic)
 Change of Email Address - must inform the court within 5 days or else there shall
be “Presumptive Service”
o Presumptive Service - 
 Recipient is in the same Judicial Region - 20 days
 Recipient not in the same Judicial Region - 30 days
 Service of Final Judgement
o New inclusion - party now can apply for Ex parte for Express Courier but
will shoulder expenses
 Retained Conventional Service of Filing of Orders, Pleadings, and Documents
(cannot be served though Electronic Means)
o Initiatory Pleadings
o Responsive Pleadings
o Protective Order
o Compulsary Processes
o Voluminous Documents
o Sealed or Confidential Matters

9. Summons

 New Addition - If there is failure of service (unserved to any and/or all parties),
plaintiff can be authorized to serve with sheriff
 Definition of “Tender of Summons” - should be served (1) within view and (2)
presence
 Substituted Service
o Individual - At home: must be (1) 18 years old and (2) residing therein
o Individual - At office: one regularly in charge therein; “customary
persons” as those who customarily receives correspondence for defendant
o Corporation - order of service should be:
 In person or to his/her secretary
 With officers of his Home/Condominium Association or Chief of
Security
 Electronic mail (but with permission of Court)
o Private Domestic Juridical Entity
  Added: (1) in person wherever they may be found or their
secretaries; and (2) those who customarily receive correspondence
 Must try for Three (3) Attempts on Two (2) separate dates before
applying for Electronic Service
o Foreign Juridical Entity
 Added: “or doing business”
 Added: “upon director or trustee”
o Duty of Counsel on Record - Court can deputize you to serve summons on
client

10. Motions
 No more “Notice of Hearing” in pleadings - only Court will decide to hear it or
not
 Defined what are (1) Litigious and (2) Non-Litigious motions
o “Comment” can only be submitted within Five (5) calendar days from
receipt of Litigious motions.
 Prohibited Motions
1. Motion for Extension - except to file an Answer (single extension for
another 30 days)
2. Motion for Postponement - except:
 Act of God
 Force Majeure
 Physical Inability of the Witness/Party
3. Motion to Dismiss - except for the following grounds:
 No Jurisdiction over the Subject Matter;
 Res Judicata
 Litis Pendentia