NOTES

on
The 2019 Proposed Amendments to the
1997 RULES OF CIVIL PROCEDURE
A.M. No. 19-10-20-SC
15 October 2019
(Effective: 1 MAY 2020)

Deputy Court Administra

OCA-Su

NOTICE: This material was done for educational purposes only. The comparisons made herein were simply to determine what were
the amendments or revisions done in every Rule, if any. The reasons for the amendments or revisions, for lack of sufficient information
thereon, are not discussed. Full responsibility is assumed for any comment or remark found herein.
 RULE 6
KINDS OF PLEADINGS

SECTION ORIGINAL AMENDED REMARKS

Sec. 2. Pleadings allowed
PROVISION PROVISION
The claims of a party are The claims of a party are ❑ No amendment in the first
asserted in a complaint, asserted in a complaint, paragraph of Sec. 2
counterclaim, cross-claim, counterclaim, cross-claim,
third (fourth, etc.)-party third (fourth, etc.)-party
complaint, or complaint in complaint, or complaint in
intervention. intervention.
❑ The amendment in the
The defenses of a party are The defenses of a party are second paragraph is only
alleged in the answer to the alleged in the answer to the gender-based (may mean
pleading asserting a claim pleading asserting a claim “him or her” or “he or she”)
against him. against him or her.
❑ No reply may be filed if the
defendant does not attach
an actionable document to
An answer may be responded An answer may be responded the answer.
to by a reply. to by a reply only if the
defending party attaches an
actionable document to the
answer.

NOTE1: Rules 6 to 43, Rules of Court, are under the title PROCEDURE IN REGIONAL TRIAL COURTS. The subject of the
Proposed Amendments are Rules 6 to 35
NOTE2: Under Sec. 1, Rule 5 (Uniform Procedure), which was not amended, the procedure in the “Municipal Trial Courts” (MeTCs,
MTCCs, MTCs, and MCTCs) “shall be the same as the in the Regional Trial Courts, except (a) where a particular provision expressly or
impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure”.
NOTE3: No amendment in Sec. 1 (Pleading defined), Sec. 4 (Answer), Sec. 6 (Counterclaim), Sec. 9 (Counter-counterclaims and
counter-cross-claims), Sec. 12 (Bringing new parties) and Sec. 13 (Answer to third [fourth, etc.]-party complaint)
 RULE 6
KINDS OF PLEADINGS – cont.
SECTION ORIGINAL
PROVISION
Sec. 3. Complaint The complaint is the pleading
alleging the plaintiff’s cause or
causes of action. The names and
residences of the plaintiff and
defendant must be stated in the
complaint.
Sec. 5. Defenses Defenses may either be negative or
affirmative.
(a) A negative defense is the specific
denial of the material fact or facts
alleged in the pleading of the
claimant essential to his cause or
causes of action.
(b) An affirmative defense is an
allegation of a new matter which,
while hypothetically admitting the
material allegations in the pleading
of the claimant, would nevertheless
prevent or bar recovery by him. The
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.
AMENDED REMARKS
PROVISION
The complaint is the pleading ❑ The complainant may
alleging the plaintiff’s or claiming now be referred to as
party’s cause or causes of action.
The names and residences of the
the plaintiff or
plaintiff (or claiming party) and “claiming party”
defendant must be stated in the
complaint.
Defenses may either be negative or ❑ No amendment in the first
affirmative. paragraph and item (a) of
Sec. 5.
(a) A negative defense is the specific
denial of the material fact or facts
alleged in the pleading of the
claimant essential to his cause or
causes of action.
(b) An affirmative defense is an
allegation of a new matter which,
while hypothetically admitting the
material allegations in the pleading
❑ The amendment in item
of the claimant, would nevertheless (b) of Sec. 5 is only
prevent or bar recovery by him or gender-based.
her. The 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.
 RULE 6
KINDS OF PLEADINGS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 5. Defenses – cont. This is a new paragraph in
NO ORIGINAL Affirmative
❑

Sec. 5 regarding affirmative

defenses. An affirmative
PROVISION defenses may also defense includes grounds for
the dismissal of the
include grounds for complaint, such as lack of
jurisdiction of the court over
the dismissal of a the subject matter, there is
another action pending
complaint, between the same parties
(litis pendentia) or the action
specifically, that the is barred by prior judgment
(res judicata)
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.
Sec. 7. Compulsory A compulsory counterclaim is one A compulsory counterclaim is one which, ❑ A new sentence is included in
which, being cognizable by the being cognizable by the regular courts of Sec. 7 providing that a
counterclaim regular courts of justice, arises out of justice, arises out of or is connected with the compulsory counterclaim not
or is connected with the transaction transaction or occurrence constituting the raised in the same action (or
or occurrence constituting the subject subject matter of the opposing party’s claim case) is barred, unless it is
 RULE 6
KINDS OF PLEADINGS – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 8. Cross-claim
A cross-claim is Aagainst
cross-claim is any claim by one party The second sentence of Sec. 8 was
❑

a co-party arising out of the amended to indicate that a cross-

any claim by one matter either of the original action or of a claim

transaction or occurrence that is the subject covers “all or part of the
original claim”.
counterclaim therein. Such cross-claim may
party against a cover all or part of the original claim.

co-party arising
out of the
transaction or
occurrence that
is the subject
matter either of
the original
action or of a
counterclaim
therein. Such
cross-claim may
include a claim
that the party
against whom it
is asserted is or
may be liable to
 RULE 6
KINDS OF PLEADINGS – cont.
SECTION ORIGINAL
PROVISION
Sec. 11. Third (fourth, A third (fourth, etc.)-party
etc.)-party complaint complaint is a claim that a
defending party may, with
leave of court, file against a
person not a party to the
action, called the third
(fourth, etc.)-party defendant,
for contribution, indemnity,
subrogation or any other
relief, in respect of his
opponent’s claim.
AMENDED
PROVISION
A third (fourth, etc.)-party
complaint is a claim that a
defending party may, with leave of
court, file against a person not a
party to the action, called the third
(fourth, etc.)-party defendant, for
contribution, indemnity, subrogation
or any other relief, in respect of his
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.
REMARKS
❑ No amendment in the first
paragraph of Sec. 11 which
defines what is a third
(fourth, etc.)-party
complaint.
❑ This is a new paragraph
wherein the court may deny
a third (fourth, etc.)-party
complaint and require the
defendant to institute a
separate action based on 3
grounds, to wit: (a) the third
(fourth, etc.)-party defendant
cannot be located within 30
calendar 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.
 RULE 7
PARTS AND CONTENTS OF A PLEADING
SECTION ORIGINAL
PROVISION
Sec. 3. Signature and Every pleading must be signed by the
party or counsel representing him, stating
address in either case his address which should
not be a post office box.
The signature of counsel constitutes a
certificate by him that he has read the
pleading; that to the best of his
knowledge, information, and belief there
is good ground to support to support it;
and that it is not interposed for delay.
An unsigned pleading produces no legal
effect. However, the court may, in its
discretion, allow such deficiency to be
remedied if it shall appear that the same
was due to mere inadvertence and not
intended for delay. Counsel who
deliberately files an unsigned pleading,
or signs a pleading in violation of this
Rule, or alleges scandalous or indecent
matter therein, or fails to promptly report
to the court a change of his address, shall
be subject to appropriate disciplinary
action.
NOTE1: The title of Rule 7 was amended to include not only PARTS, but also, CONTENTS of a PLEADING
NOTE2: No amendment in Sec. 1 (Caption) and Sec. 2 (Amendment)
AMENDED
PROVISION
(a) Every pleading and other
written submissions to the court
must be signed by the party or
counsel representing him or her.
(b) The signature of counsel
constitutes a certificate by him or
her that he or she has read the
pleading and document; that to the
best of his or her knowledge,
information, and belief, formed
after an inquiry reasonable under
the circumstances:
(1) It is not being presented for
any improper purpose, such as to
harass, cause unnecessary delay,
or needlessly increase the cost of
litigation;
(2) The claims, defenses, and other
legal contentions are warranted by
existing law or jurisprudence, or
by a non-frivolous argument for
extending, modifying, or reversing
existing jurisprudence;
REMARKS
❑ The amendment in item (a) of
Sec. 3 provides that, aside from
“pleadings”, “other written
submissions to the court” must be
signed. Also, another amendment
is gender-based.
❑ The amendments in item (b) are,
among others, gender-based. In
addition, the signature of counsel
constitutes a certificate by
him/her that he/she read the
pleading and “document” to the
best of his/her knowledge,
information and belief, “formed
after an inquiry” made by the said
counsel.
❑ Sub-items (1) to (4) are new
provisions in item (b) pertaining
to the circumstances subject of
the inquiry required of a counsel
before signing a pleading or
document
 RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 3. Signature and (3) The factual contentions
address – cont. 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 proprio 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,
REMARKS
❑ The subject of inquiry for
purposes of the certification in
the pleading or document are,
among others, the following:
(1) the pleading or document
is not being presented for any
improper purpose; (2) the
claims, defenses and other
legal contentions are
warranted by existing law or
jurisprudence; (3) the factual
contentions have evidentiary
support; and (4) the factual
contentions are warranted on
the evidence.
❑ Item (c) is a new provision. It
provides that the court may,
on motion or motu proprio,
impose the appropriate
sanction should the provisions
of Sec. 3 be violated or refer
such violation to the proper
office for disciplinary action,
on any attorney, law firm or
party or who is responsible for
the violation
 RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 3. Signature and a law firm shall be held jointly
address – cont. and severally liable for a
violation committed by its
partner, associate, or employee.
The sanction may include, but
not limited to, non-monetary
directives or sanctions; 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.
REMARKS
❑ Also, a law firm is jointly
and severally liable with a
partner, associate or
employee that commits the
violation.
❑ Sanctions may be (1) non-
monetary directives or
sanctions; (2) an order to
pay a penalty in court; or
(3) an order directing
payment to the movant of
part or all of the reasonable
attorneys fees and other
expenses directly resulting
from the violation,
including attorney’s fees for
filing of the motion for
sanction
❑ The lawyer or law firm
cannot pass on the
monetary penalty to the
client.
 RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 4. Verification Except when otherwise Except when otherwise specifically
specifically required by law or required by law or rule, pleadings
rule, pleadings need not be need not be under oath or verified
under oath, verified or
accompanied by affidavit.
A pleading is verified by an
affidavit of an affiant duly
A pleading is verified by an authorized to sign said verification.
affidavit that the affiant has read The authorization of the affiant to
the pleading and that the act on behalf of a party, whether in
allegations therein are true and the form of a secretary’s certificate
correct of his personal or a special power of attorney,
knowledge or based on should be attached to the pleading,
authentic records. and shall allege the following
attestations:
(a) The allegations in the pleading
A pleading required to be are true and correct based on his
verified which contains a personal knowledge, or based on
verification based on authentic documents;
“information and belief” or (b) The pleading is not filed to
upon “knowledge, information harass, cause unnecessary delay, or
and belief”, or lacks a proper needlessly increase the cost of
verification, shall be treated as litigation; and
an unsigned pleading. (c) The factual allegations therein
have evidentiary support of, if
specifically so identified, will
likewise have evidentiary support
after a reasonable opportunity for
discovery
❑ The amendment in Sec. 4, among
others, deleted the phrase
“accompanied by affidavit”.
❑ The second paragraph is a new
provision on a pleading that “is
verified by an affidavit of an
affiant duly authorized to sign the
said verification”, which
authority is either in the form of a
secretary’s certificate or a special
power of attorney (SPA) attached
to the pleading.
❑ Likewise, the authorization of the
affiant should allege specific
attestations, such as: (a) the
allegations in the pleading are
true and correct based on his
personal knowledge, or based on
authentic documents; (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 after a
reasonable opportunity for
discovery
 RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 4. Verification – The signature of the affiant shall further ❑ The third paragraph is a
serve as a certification of the truthfulness new provision stressing that
cont. of the allegations in the pleading. the signature of the affiant
shall serve as a
“certification of the
A pleading required to be verified that truthfulness of the
contains a verification based on “information allegations in the
and belief” or upon “knowledge, information pleadings.”
and belief”, or lacks a proper verification,
shall be treated as an unsigned pleading.
❑ Only a minor clerical
amendment was done in the
fourth paragraph.

Sec. 5. Certification The plaintiff or principal party shall certify The amendment in the first
The plaintiff or
❑

under oath in the complaint or other paragraph of Sec. 1

against forum initiatory pleading asserting a claim for emphasizes that the period
shopping principal party shall relief, or in a sworn certification annexed for the plaintiff or principal
thereto and simultaneously filed therewith: party to report that there is a
certify under oath (a) that he (or she) has not theretofore same or similar action or
commenced any action or filed any claim claim that has been filed or
in the complaint or involving the same issues in any court, is pending is 5 calendar
tribunal or quasi-judicial agency and, to the days (not working days)
other initiatory best of his (or her) knowledge, no such other after learning the same
action or claim is pending therein; (b) if there Also, the other amendments
pleading asserting
❑

is such other pending action or claim, a are supposed to be gender-

complete statement of the present status based.
a claim for relief, or thereof; and (c) if he (or she) should
thereafter learn that the same or similar
in a sworn action or claim has been filed or is pending,
he (or she) shall report that fact within five
certification (5) calendar days therefrom to the court
wherein his (or her) aforesaid complaint or
annexed thereto initiatory pleading has been filed.

and simultaneously
filed therewith: (a)
 RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 5. Certification
Failure to comply The authorization of the affiant to The second paragraph is a
❑

against forum shopping – act on behalf of a party, whether in new provision which
cont. with the forgoing or a special power of attorney, requires
the form of a secretary’s certificate that the
authorization of an affiant
requirements should be attached to the pleading. to act on behalf of a party
(regarding the certification
shall not be Failure to comply with the forgoing
against forum shopping)
must be either in a
curable by mere requirements shall not be curable by
mere amendment of the complaint or
secretary’s certificate or a
SPA attached to the
amendment of other initiatory pleading but shall pleading.
cause for the dismissal of the case
the complaint or without prejudice, unless otherwise
No amendment in the
❑

third paragraph, although

provided, upon motion and after
other initiatory hearing. The submission of a false
it should be gender-based.

pleading but shall certification or non-compliance with

any of the undertakings therein shall
cause for the constitute indirect contempt of court,
without prejudice to the
dismissal of the corresponding administrative and
criminal actions. If the acts of the
case without party or his (or her) counsel clearly
constitute willful and deliberate
prejudice, unless forum shopping, the same shall be
ground for summary dismissal with
otherwise prejudice and shall constitute direct
provided, upon contempt, as well as a cause for
administrative sanctions.
motion and after
hearing. The
submission of a
false certification
 RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 6. Contents
NO ORIGINAL Every pleading stating a
party’s claims or defenses shall
PROVISION 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.
REMARKS
This is a new section which
❑
requires that, aside from
stating the party’s claims or
defenses, every pleading must
state the following items: (a)
the names of witnesses who
will be presented; (b)
summary of the witnesses’
intended testimonies, with
their judicial affidavits
attached to the pleading; and
(c) documentary and object
evidence in support of the
allegations contained in the
pleadings.
❑ In item (b), no other witness
or affidavit shall be heard or
admitted, except for
meritorious reasons to serve as
basis for the admission of
additional witnesses
❑
 RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS

SECTION ORIGINAL AMENDED REMARKS

Sec. 1. In general
PROVISION
Every pleading shall contain in a
methodical and logical form, a plain,
concise and direct statement of the
ultimate facts on which the party
pleading relies for his claim or
defense, as the case may be, omitting
the statement of mere evidentiary
facts.
PROVISION
Every pleading shall contain in a
methodical and logical form, a plain,
concise and direct statement of the
ultimate facts, including the
evidence on which the party
pleading relies for his claim or
defense, as the case may be, omitting
the statement of mere evidentiary
facts.
❑ The amendment in the first
paragraph of Sec. 1 requires that
every pleading shall contain, not
only stating the ultimate facts, but
also the evidence relied upon by
the party for his/her claim or
defense

If a defense relied on is based on

law, the pertinent provisions thereof
and their applicability to him shall
be clearly and concisely stated.
If a cause of action or defense
relied on is based on law, the
pertinent provision thereof and their
applicability to him or her shall be
clearly and concisely stated.
❑ The amendments herein added “a
cause of action” which may be
based on law and clearly and
concisely stated, aside from being
gender-based.

Sec. 6. Judgment In pleading a judgment or decision The amendment in the second

In pleading a
❑

of a domestic or foreign court, sentence of Sec. 6 requires an

judicial or quasi-judicial tribunal, or “authenticated copy” of the
judgment or of a board or officer, it is sufficient judgment or decision of a
to aver the judgment or decision domestic or foreign court, judicial
decision of a without setting forth matter showing or quasi-judicial tribunal, or of a
jurisdiction to render it. An board or officer, subject of a
domestic or authenticated copy of the pleading.
judgment or decision shall be
foreign court, attached to the pleading.

judicial or quasi-
judicial tribunal,
NOTE: No amendment in Sec. 2or of a board
(Alternative or or defenses), Sec. 3 (Conditions precedent), Sec. 4 (Capacity), Sec.
causes of action
5 (Fraud, mistake, condition of the mind), Sec. 8 (How to contest such documents), Sec. 9 (Official document or act), and Sec. 10
(Specific denial) officer, it is
 RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 7. Action or
Whenever an Whenever an action The amendment in Sec. 7 deleted
❑

defense based on the last sentence thereof that

recognized that the “copy (of the
document action or defense or defense is based written instrument or document
relied on for an action or defense)
is based upon a upon a written may with like effect set forth in the
pleading”
written instrument instrument or
or document, the document, the
substance of such substance of such
instrument or instrument or
document shall be document shall be
set forth in the set forth in the
pleading, and the pleading, and the
original or a copy original or a copy
thereof shall be thereof shall be
attached to the attached to the
pleading as an pleading as an
exhibit, which shall exhibit, which shall
be deemed to be a be deemed to be a
part of the part of the pleading.
pleading, or said
copy may with like
 RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 12. Affirmative (b) Failure to raise the affirmative
defenses at the earliest opportunity
defenses – cont. shall constitute a waiver thereof.
(c) The court shall motu proprio
resolve the above affirmative
defenses within thirty (30) calendar
days from the filing 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 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.
(e) Affirmative defenses, if denied,
shall not be 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.
REMARKS
❑ The affirmative defenses should be raised
at the earliest opportunity, and failure to
do so shall constitute a waiver thereof.
❑ The court, motu proprio, should resolve
the affirmative defenses within 30
calendar days from the filing of the
answer, if said defenses are based on the 5
grounds in Sec. 12(a), Rule 8.
❑ If the affirmative defenses are based on
Sec. 5(b), Rule 6, (such as fraud, statute
of limitations, release, payment, illegality,
statute of frauds, estoppel, former
recovery, discharge in bankruptcy and
another other by way of confession and
avoidance), the court may conduct a
summary hearing within 15 calendars
from the filing of the answer and the same
shall be resolved within 30 calendar days
from the termination of the summary
hearing.
❑ Affirmative defenses, if denied, cannot be
the subject of a motion for
reconsideration or a petition for
certiorari, prohibition, mandamus, but
may be raised on appeal after judgment
on the merits.
 RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS – cont.
SECTION ORIGINAL
PROVISION
Sec. 13. Striking out of Upon motion made by a party
pleading or matter before responding to a pleading
or, if no responsive pleading is
contained therein permitted by these Rules, upon
motion made by a party within
twenty (20) days after the service
of the pleading upon him, or
upon the court’s own initiative at
any time, the court may order
any pleading to be stricken out or
that any sham or false,
redundant, immaterial,
impertinent, or scandalous matter
be stricken out therefrom.
AMENDED
PROVISION
Upon motion made by a party
before responding to a pleading or,
if no responsive pleading is
permitted by these Rules, upon
motion made by a party within
twenty (20) calendar days after
the service of the pleading upon
him or her, or upon the court’s
own initiative at any time, the
court may order any pleading to be
stricken out or that any sham or
false, redundant, immaterial,
impertinent, or scandalous matter
be stricken out therefrom.
REMARKS
❑ The amendments in Sec. 13
(which was re-numbered)
emphasizes that the period
for a party to, for one, move
to have a pleading or any
sham or false, redundant,
immaterial, impertinent or
scandalous matter be
stricken out should be 20
calendar days after service of
a pleading upon said party.
❑ Also, the amendment is only
gender-based..
 RULE 9
EFFECT OF FAILURE TO PLEAD
SECTION ORIGINAL
PROVISION
Sec. 3. Default; Declaration (e) Where no defaults allowed. –
of If the defending party in action
for annulment or declaration of
nullity of marriage or for legal
separation fails to answer, the
court shall order the prosecuting
attorney to investigate whether or
not a collusion between the
parties exists, and if there is no
collusion between the parties
exists, and if there is no
collusion, to intervene for the
State in order to see to it that the
evidence submitted is not
fabricated.
NOTE: No amendment in Sec. 1 (Defenses and objections not pleaded) and Sec. 2 (Compulsory counterclaim, or cross-claim, not
set up barred)
AMENDED
PROVISION
(e) Where no defaults allowed. –
If the defending party in action
for annulment or declaration of
nullity of marriage or for legal
separation fails to answer, the
court shall order the Solicitor
General or his or her deputized
public prosecutor to investigate
whether or not a collusion
between the parties exists, and if
there is no collusion between the
parties exists, and if there is no
collusion, to intervene for the
State in order to see to it that the
evidence submitted is not
fabricated.
REMARKS
❑ No amendment in the first
paragraph of Sec. 3, as well as
in the following items: (a)
Effect of order of default; (b)
Relief from order of default;
(c) Effect of partial default;
and, (d) Extent of relief to be
awarded.
❑ The amendment in item (e) of
Sec. 3 identifies requires the
Solicitor General or his or her
deputized public prosecutor
(not just the prosecuting
attorney) to investigate
whether or not a collusion
between the parties if the
defending party in action for
annulment or declaration of
nullity of marriage or for legal
separation fails to answer.
 RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 2. Amendments as a A party may amend his pleading The amendment in Sec. 2
A party may
❑

once as a matter of right at any time emphasizes that the period to

matter of right before a responsive pleading is amend a pleading, aside from any
amend his served or, in the case of a reply, at time before a responsive pleading
any time within ten (10) calendar is filed, is 10 calendar days after a
pleading once days after it is served. reply is served.

as a matter of
right at any time
before a
responsive
pleading is
served or, in the
case of a reply,
at any time
within ten (10)
days after it is
served.
Sec. 3. Amendments by
Except as Except as provided in the next The amendment in Sec. 3 added 2
❑

NOTE: preceding section, substantial

No amendment in Sec. 1 (Amendments in general), Sec. 4. (Formal amendments) and Sec. 7 (Filing more reasons when the court may
of amended
leave of court amendments may be made only refuse amendments by leave of
pleadings) provided in the upon leave of court. But such leave court, such as when the
shall be refused if it appears to the amendment is intended to confer
next preceding court that the motion was made with jurisdiction to the court or the
intent to delay or confer pleading states no cause of action
 RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 5. No amendment
When issues not When issues not raised by the The amendment in Sec. 5
❑

necessary to conform to or pleadings are tried with the includes deleting all the
authorize presentation of raised by the express or implied consent of the
parties, they shall be treated in all
sentences after the first
sentence. Instead, a new
evidence
pleadings are respects as if they had been
in the pleadings. No amendment
raised sentence is included which
provides that no amendment
tried with the of such pleadings deemed of a pleading deemed
amended is necessary to cause amended (when issues not
express or them to conform to the evidence. raised are tried with the
consent of the parties) is
implied consent necessary to make it
of the parties, conform to the evidence.

they shall be
treated in all
respects as if
they had been
raised in the
pleadings. Such
amendment of
the pleadings as
may be
necessary to
cause them to
conform to the
 RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 6. Supplemental
Upon motion of Upon motion of a party the court The amendments in Sec. 6 is
❑

pleadings may, upon reasonable notice and gender-based and

a party the court him or her to serve a for an adverse party to
upon such terms as are just, permit emphasizes that the period

may, upon supplemental pleading setting

forth transactions, occurrences or
submit a pleading to a
supplemental pleading is
reasonable events which have happened since within 10 calendar days from
the date of the pleading sought to notice of the order admitting
notice and upon be supplemented. The adverse the supplemental pleading.
party may plead thereto within ten ❑
such terms as (10) calendar days from notice of
are just, permit the order admitting
supplemental pleading.
the

him to serve a
supplemental
pleading setting
forth
transactions,
occurrences or
events which
have happened
since the date of
the pleading
sought to be
supplemented.
 RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
SECTION
Sec. 1. Answer to the
complaint
Sec. 2. Answer of a
defendant foreign private
juridical entity
NOTE: No amendment in Sec.made
Sec. 9 (Counterclaim or cross-claim arising after answer), and Sec. 10 (Omitted counterclaim or cross-claim)
ORIGINAL AMENDED REMARKS
PROVISION PROVISION
The defendant shall file his answer to The amendment in Sec. 1 requires
The defendant
❑
the complaint within thirty (30) that the period to answer is now 30
calendar days after service of calendar days (no longer 15 days)
shall file his summons, unless a different period is after service of summons.
fixed by the court.
answer to the
complaint within
fifteen (15) days
after service of
summons, unless
a different period
is fixed by the
court.
Where the defendant is a foreign private The amendment in Sec. 2 requires
Where the
❑
juridical entity and service of summons that the period to answer for a foreign
is made on the government official private juridical entity is now 60
defendant is a designated by law to receive the same, calendar days (no longer 30 days)
the answer shall be filed within sixty after receipt of summons.
foreign private (60) calendar days after receipt of ❑
juridical entity and summons by such entity.
service of
summons is
on
5 (Answer tothe
third [fourth, etc.]-party complaint), Sec. 8 (Existing counterclaim or cross-claim),
government
 RULE 11
WHEN TO FILE RESPNSIVE PLEADINGS– cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 4. Answer to
A counterclaim or Awithin
counterclaim or cross-claim must be answered The amendment in Sec. 4 requires
❑

counterclaim or cross twenty (20) calendar days from service. that the period to answer a
counterclaim or cross-claim is 20
claim cross-claim must calendar days.

be answered
within ten (10)
days from
service.
Sec. 6. Reply A reply may be filed within ten (10) A reply, if allowed under Section 10, Rule 6 ❑ The amendment in Sec. 6 requires
days from service of the pleading hereof, may be filed within fifteen (15) that the period to file a reply (if
responded to. calendar days from service of the pleading allowed under Sec. 10, Rule 6) is
responded to. now 15 calendar days (not 10 days)
from service of the pleading to be
responded to
Sec. 7. Answer to
A supplemental A supplemental complaint may be answered The amendment in Sec. 7 requires
❑

supplemental within twenty (20) calendar days from notice
of the order admitting the same, unless a
complaint complaint may different period is fixed by the court. The
answer to the complaint shall serve as the
be answered answer to the supplemental complaint if not new
or supplemental answer is filed.
within ten (10)
that the period to file an answer to a
supplemental complaint is now 20
calendar days (no longer 10 days)
from notice of the order admitting
said complaint
❑

days from notice

of the order
admitting the
same, unless a
different period is
 RULE 12
BILL OF PARTICULARS

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 1. When applied
Before responding Before responding to a pleading, a party may The amendments in Sec. 1 are
❑

move for a definite statement or for a bill of gender-based and requires that,
for, purpose particulars of any matter, which is not averred aside from before responding to
to a pleading, a with sufficient definiteness or particularity, to a pleading, the period to file a

party may move for her responsive pleading. If the pleading is a motion
enable him or her properly to prepare his or for bill of particulars is
10 calendar days from the

a definite statement reply, the motion must be filed within ten (10)
calendar days from service thereof. Such
service of a reply.

motion shall point out the defects complained

or for a bill of of, the paragraphs wherein they are contained,
and the details desired.
particulars of any
matter, which is not
averred with
sufficient
definiteness or
particularity, to
enable him properly
to prepare his
responsive
pleading. If the
pleading is a reply,
the motion must be
filed within ten (10)
NOTE: No amendment in Sec. 2 (Action by the court.), Sec. 4 (Effect of non-compliance) and Sec. 6 (Bill a part of pleading)
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS
AND OTHER PAPERS

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 1. Coverage
This Rule shall This Rule shall govern the filing of all The amendment in Sec. 1 provided
❑

pleadings, motions and other court that Rule 13 shall govern the filing,

govern the filing the service thereof, except those for which not
submissions and other papers, as well as only of pleadings, but also of
“motions and other court
a different mode of service is prescribed. submissions”
of all pleadings
and other
papers, as well
as the service
thereof, except
those for which
a different mode
of service is
prescribed.
Sec. 2. Filing and Filing is the act of presenting the
Filing is the act of submitting the pleading ❑ The amendment in Sec. 2 involves,
pleading or other paper to the clerk
or other paper to the court. for one, a change in the definition of
service, defined of court. Service is the act of providing a party with what “filing” means, which is to
a copy of the pleading or any other court submit a pleading or paper to the
submission. If a party has appeared by court (no longer to the clerk of
Service is the act of providing a counsel, service upon such party shall be court). Also, service of a pleading or
party with a copy of the pleading or made upon his or her counsel or one of any other court submission may be
paper concerned. If any party has them, unless service upon the party and the ordered to a party or his/her counsel
appeared by counsel, service upon party’s counsel is ordered by the court. ❑ A counsel representing several
him shall be made upon his counsel Where one counsel appears for several parties is entitled to only one copy
NOTE1: No amendment in Sec.
or one4 of
(Papers required
them, unless to upon
service be filedparties,
and served) and Sec. 8 (Substituted service)
such counsel shall only be entitled of any paper served by the opposite
NOTE2: No amendment in Sec. 19 (Notice
the party of ordered
himself is lis pendens)
by the except
to onethe re-numbering
copy thereofupon
of any paper served (used
himto be Sec.
side 14)
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 3. Manner of filing The filing of pleadings and other The amendment in Sec. 3
The filing of
❑

submissions shall be made by: involves lumping all

(a) Submitting personally the
pleadings, original thereof, plainly indicated as
such, to the court;
appearances, (b) Sending them by registered mail;
“appearances, motions, notices,
orders, judgments and all other
papers” as “other submissions”.
In item (a), the submissions are
❑

(c) Sending them by accredited no longer specifically submitted

motions, courier; or to the clerk of court, but to the
(d) Transmitting them by electronic court itself
notices, orders, mail or other electronic means as In items (c) and (d), sending the
❑

may be authorized by the Court in submissions by accredited

judgments and places where the court is courier or transmitting them via
electronically equipped email or electronic means are
all other papers new modes of filing pleadings,
aside from via registered mail
shall be made In the first case, the clerk of court
shall endorse on the pleading the date
There is no amendment on the
❑

work of the clerk of court

by presenting and hour of filing. In the second and
third cases, the date of the mailing of
regarding the first kind of filing
(submitted to the court).
the original motions, pleadings, or any other
papers or payments or deposits, as
The second and third kinds of
❑

filing (registered mail or

copies thereof, shown by the post office stamp on the
envelope or the registry receipt, shall
courier) are recorded based on
the date of mailing.
plainly indicated befiling,considered as the date of their
payment or deposit in court.
The fourth kind of filing (via
❑

email) is a new provision and

as such, The envelope shall be attached to the
record of the case. In the fourth case,
the date of transmission is the
date of filing.
personally to the the date of electronic transmission
shall be considered as the date of
❑

clerk of court or filing.

by sending them
by registered
mail. In the first
case, the clerk
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 5. Modes of service Pleadings, motions, notices, orders, The amendment in Sec. 5
Service of
❑

judgments, and other court provides that the service of

submissions shall be served pleadings, motions, notices,
pleadings, personally or by registered mail, order, judgments and other court
accredited courier, electronic mail(,) submissions may be done, not
motions, facsimile transmission, other only personally, but also either

notices, orders, authorized by the Court, or as by

electronic means as may be registered mail, accredited
courier, email, facsimile
provided for in international transmission, or other electronic
judgments and conventions to which the Philippines means (authorized by the court
is a party. or provided for in international
other papers conventions)

shall be made
either personally
or by mail.
Sec. 6. Personal service Service of the papers may be
made by delivering personally a
copy to the party or his counsel,
or by leaving by leaving it in his
office with his clerk or with a
person having charge thereof. If
no person is found in his office,
or his office is not known, or he
has no office, then by leaving the
copy, between the hours of eight
in the morning and six in the
evening, at the party’s or
counsel’s residence, if known,
with a person of sufficient age
and discretion then residing
therein.
Court submissions may be served by
personal delivery of a copy to the
party or to the party’s counsel, or to
their authorized representative
named in the appropriate pleading
or motion, or by leaving by leaving it
in his or her office with his or her
clerk or with a person having charge
thereof. If no person is found in his or
her office, or his or her office is not
known, or he or she has no office,
then by leaving the copy, between the
hours of eight in the morning and six
in the evening, at the party’s or
counsel’s residence, if known, with a
person of sufficient age and discretion
then residing therein.
❑ The amendment in Sec. 6
provides that, aside from
personal delivery of court
submissions to the party or to
the party’s counsel, this may
also be done to the authorized
representative of a party named
in the appropriate pleading or
motion, Also, the some of
amendments are just gender-
based.
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 7. Service by mail
Service by Service by registered mail shall be The amendments in Sec. 7
❑

made by depositing the copy in the are mostly about specific

registered mail post office, in a sealed envelope,
plainly addressed to the party or to
reference to the party’s
counsel, gender-based and
shall be made by office, if known, otherwise at his or toprovided
the party’s counsel at his or her emphasize that the period
in the instruction to
depositing the her residence, if known, with the postmaster to return the
postage fully pre-paid, and with mail to the sender is 10
copy in the post instructions to the postmaster to calendar days.
return the mail to the sender after
office, in a ten (10) calendar days if
sealed envelope, undelivered. If no registry service is
available in the locality of either the
plainly sender or the addressee, service may
be done by ordinary mail.
addressed to the
party or his
counsel at his
office, if known,
otherwise at his
residence, if
known, with
postage fully
pre-paid, and
with instructions
to the
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 9. Service by Service by facsimile shall be made by ❑ This is new provision allows service
sending a facsimile copy to the by facsimile by sending a facsimile
electronic means and party’s or counsel’s given facsimile copy to the facsimile number of the
facsimile – cont. number. party or counsel

Sec. 10. Presumptive This is a new section that provides that

NO ORIGINAL There shall be
❑

there is “presumptive notice” to a

service party of a court setting if the notice
PROVISION presumptive appears on record to have been mailed
at least 20 calendar days prior to the
notice to a party scheduled hearing (if addressee is
from within the judicial region) or at
of a court setting least 30 calendar days (if addressee is
from outside the judicial region) prior
if such notice to the scheduled date of hearing

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 judicial
region, or at least
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 12. Electronic mail This is a new provision. It requires
NO ORIGINAL The subject of
❑

that the subject of the email or

and facsimile subject and facsimile must be in a prescribed
title of pleadings and other PROVISION the electronic format.
documents Also, an electronically-filed or
mail and
❑

served pleading/document or each

submission served by facsimile
facsimile must should contain sufficient
information for the court to
follow the ascertain: (a) the party or parties
filing or serving the paper, (b) the
prescribed nature thereof, (c) the party or
parties against whom the relief is
format: case sought and (d) the nature of the
relief sought
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
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 14. Notwithstanding the foregoing, the This is a new section. It provides that
NO ORIGINAL
❑

following orders, pleadings and other personal or registered mail is

Conventional service documents must be served or filed
or filing of orders, PROVISION personally or by registered mail when
pleadings and other allowed, and shall not be served or filed
documents electronically, unless express permission
is granted by the Court.
(a) Initiatory pleadings and initial
responsive pleadings, such as an answer;
(b) Subpoenas(,) 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.
allowed on certain pleadings or
documents, such as (a) initiatory and
initial responsive pleadings, (b)
subpoenas protection orders and
writs, (c) appendices and exhibits to
motions, or other documents that
cannot be electronically scanned, and
(d) sealed and confidential
documents or records, unless express
permission is granted by the court
that these be served or filed
electronically

Sec. 15.
Personal Personal service is complete upon actual This used to be Sec. 10.
❑

delivery. Service by ordinary mail is ❑ The amendments, aside from just

Completeness of complete upon the expiration of ten (10) being gender-based, include
service service is calendar days after mailing, unless the emphasizing that service by ordinary
court otherwise provides. Service by mail is complete upon the expiration
complete upon registered mail is complete upon actual of 10 calendar days after mailing
receipt by the addressee, or after five (5) Also, service by registered mail is
actual delivery.
❑

calendar days from the date he or she complete upon actual receipt by the
received the first notice of the postmaster, addressee, or after 5 calendar days
Service by whichever date is earlier. Service by from the date he/she received the
accredited courier is complete upon postmaster’s first notice
ordinary mail is actual receipt by the addressee, or after
at least
complete upon
the expiration of
ten (10) days
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 15. Completeness of addressee, or after five (5) days two (2) attempts to deliver by
from the date he received the the courier service, or upon the
service – cont. first notice of the postmaster, expiration of five (5) calendar
whichever date is earlier. days after the first attempt to
deliver, whichever is earlier.
Electronic service is complete
NO ORIGINAL PROVISION 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 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.
Sec. 16. Proof of filing
The filing of a The filing of a pleading or any
other court submission shall be
proved by its existence in the
pleading or record of the case.
paper shall be
proved by its
existence in
NOTE: The old Sec. 11 (Priorities in modes of service and filing) was DELETED.
the record of
REMARKS
❑ The last sentence in Sec. 15 is a new
provision. It provides that service by
accredited courier is complete upon actual
receipt by the addressee, or after at least 2
attempts to deliver by courier service, or after
5 calendar days after the first attempt to
deliver, whichever is earlier
❑ The second paragraph of Sec. 15 is a new
provision. It provides that electronic service
is complete at the time of the electronic
transmission of the document or, when
available, that the electronic notification of
service of the document sent. In addition,
there is no effective or complete electronic
service if the party serving the document
learns that the transmission did not reach the
addressee.
❑
❑ The third paragraph of Sec. 15 is also a new
provision. It provides that service by
facsimile transmission is complete upon
receipt by the other party, as indicated in the
facsimile transmission printout.
This used to be Sec. 12.
❑
❑ The amendment includes, among others,
replacing “paper” with “any other court
submission” the filing of which shall be
proved by its existence in the record of the
case
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 16. Proof of filing –
to have been (a) If the pleading or any other Item (a) pertains to pleading or
❑

court submission is not in the record, any other court submission, if not
cont.
filed personally, personally, the filing shall be proved inmaytheberecord,
but is claimed to have been filed the filing of which
proved by the written or
by the written or stamped stamped acknowledged of its filing
the filing shall acknowledgment of its filing by the by the clerk of court on a copy of
clerk of court on a copy of the the pleading submitted
be proved by pleading or submission(.) ❑
(b) If the pleading or any other
the written or court submission was filed by Item (b) refers to a pleading or any
❑

other court submission filed by

registered mail, the filing shall be
stamped proven by the registry receipt and by registered mail, the filing of which
is proven by the registry receipt
the affidavit of the person who
acknowledgme mailed it, containing a full statement and affidavit of the person who
mailed it (containing full statement
of the date and place of depositing
nt of its filing by the mail in the post office in a sealed ofmail,datewith
and place of depositing the
postage fully prepaid,
envelope addressed to the court, with
the clerk of postage fully prepaid, and with and with instructions to the
postmaster to return the mail to the
instructions to the postmaster to
court on a copy return the mail to the sender after ten senderdelivered
after 10 calendar days if not
(10) calendar days if not delivered.
of the same; if (c) If the pleading or any other ❑
court submission was filed through
filed by an accredited courier service, the ❑
filing shall be proven by an
registered mail, affidavit of service of the person
who brought the pleading or other
Item (c) pertains to a pleading or
❑

any other court submission filed

by the registry document to the service provider,
together with the courier’s official
through an accredited courier, the
filing of which is proven by an
receipt and by receipt and document tracking
number.
affidavit of service of the person
who brought the pleading or other
the affidavit of document to the service provider,
together with the courier’s official
the person who receipt and document tracking
number
did the mailing,
containing a full
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 16. Proof of filing – (d) If the pleading or any other court
submission was filed by electronic
cont. 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.
(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.
Sec. 17. Proof of service Proof of personal service shall consist
Proof of
of a written admission of the party
served, or the official return of the
personal service server, or the affidavit of the party
serving, containing a full statement of
shall consist of a the date, place and manner of service.
If the service is by:
written
admission of the
party served, or
the official return
REMARKS
❑ Item (d) refers to a pleading or any
other court submission filed by
electronic mail, the filing of which
is proven by an affidavit of
electronic filing of the filing party,
with a (i) paper copy of the
pleading or other document
transmitted or (ii) 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 or item (b) herein applies
❑ Item (e) pertains to a pleading or
any other court submission filed
through other authorized electronic
means, the filing of which is 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
This used to be Sec. 13.
❑
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 17. Proof of service (a) Ordinary mail. – Proof shall consist Item (a) is just a repetition on how
proof thereof
❑

of an affidavit of the person mailing service by ordinary mail is proven as

– cont. stating the facts showing compliance provided in the old Sec. 13
shall consist of with Section 7 (Service by mail) of this
Rule.
an affidavit of (b) Registered mail. – Proof shall be
made by the affidavit mentioned above
the person and the registry receipt issued by the Item (b) is also a repetition on how
❑

service by registered mail is proven as

mailing office. The registry return card
mailing of facts shall be filed immediately upon its provided reference
in the old Sec. 13, with
to the required affidavit of
receipt by the sender, or in lieu thereof,
showing the unclaimed letter together with the the person mailing
certified or sworn copy of the notice ❑
compliance with given by the postmaster to the addressee. ❑
(c) Accredited courier service. – Proof
section 7 of this shall be made by an affidavit of service ❑
executed by the person who brought
Rule. If service the pleading or paper to the service
provider, together with the courier’s
is made by official receipt or document tracking
number.
registered mail, (d) Electronic mail, facsimile, or other Item ❑(c) is a new provision. This
provides how service by accredited
authorized electronic means of
proof shall be transmission. – Proof shall be made by
an affidavit of service executed by the
courier service is proven, which is by
an affidavit of service executed by the
made by such person who sent the e-mail, facsimile,
or other electronic transmission,
person who brought the pleading or
paper to the service provided, together
affidavit and the together with a printed proof of
transmittal.
with the courier’s official receipt or
document tracking number
registry receipt Item (d) is a new provision. This refers
❑

to how electronic mail, facsimile or

issued by the other authorized electronic means of
transmission is proven, which is by an
mailing office. affidavit of service executed by the
person who sent the email, facsimile or
The registry other electronic transmission, together
with a printed proof of transmittal
return card shall
 RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 18. Court-issued This is a new section.
NO ORIGNAL The court may
❑

It allows the court to electronically

❑
orders and other serve orders and other documents
documents. PROVISION electronically to all the parties in the case

serve orders and Also, a paper copy of the order or

❑

other document electronically

other documents served shall be retained and

attached to the record of the case.

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 ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 1. Clerk to issue
Upon the filing Unless the complaint is on its face dismissible The amendment in Sec. 1 involves, among others,
❑

under Section 1, Rule 9 (Defenses and objections
summons not pleaded), the court shall, within five (5)
of the calendar days from receipt of the initiatory
pleading and proof of payment of the requisite
complaint and legal fees, direct the clerk of court to issue the
corresponding summons to the defendant.
the payment of
giving the court the discretion to dismiss the case if,
based on the pleading or evidence on record, (i) the
court has no jurisdiction over the subject matter, or
(ii) there is pendentia litia, or (iii) the action is
barred by a prior judgment (res judicata) or by the
statute of limitations (Sec. 1, Rule 9)
Otherwise, the court has to direct the clerk of court
❑

to issue the summons to the defendant 5 calendar

the requisite days from receipt of the initiatory pleading and

proof of payment of legal fees

legal fees, the

clerk of court
shall forthwith
issue the
corresponding
summons to
the defendants.
Sec. 2. Contents The summons shall be directed to the The summons shall be directed to the defendant, ❑ The amendment in Sec. 2 added item (b) which
defendant, signed by the clerk of court signed by the clerk of court under seal, and contain: provides that the summon may contain as well “an
under seal, and contain: (a) the name (a) The name of the court and the names of the authorization for the plaintiff to serve summons to
of the court and the names of the parties to the action; the defendant”, if so authorized by the court upon
parties to the action; (b) a direction (b) When authorized by the court upon ex parte ex parte motion
that the defendant answer within the motion, an authorization for the plaintiff to serve
time fixed by these Rules; (c) a notice summons to the defendant;
that unless the defendant so answers, (c) A direction that the defendant answer within the
plaintiff take judgment by default and time fixed by these Rules; and
may be granted the relief applied for. (d) A notice that unless the defendant so answers,
NOTE1: The old Sec. 4 (Return) was deleted. plaintiff take judgment by default and may be
granted the relief applied for.
NOTE2: No amendment Aincopy Sec.of15 (Service upon public corporation), Sec. 18 (Residents temporarily out of the Philippines) and Sec. 19
the complaint and order for
(Leave of court), except appointment
the re-numbering thereof.
of guardian These
ad litem, if used to be Sec. 13, 16 and 17, respectively
any, shall be attached to the original A copy of the complaint and order for appointment
 RULE 14
SUMMONS – cont.
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
Sec. 3. By whom
The summons The summons ma be served by the sheriff, his deputy st
The amendment in the 1 par. of Sec. 1 allows
❑

or other proper court officer, and in case of failure of the plaintiff to serve the summons together
served service of summons by them, the court may with the sheriff, upon being authorized by the
ma be served authorize the plaintiff to serve the summons court, in case of failure of the sheriff, his
deputy or other proper court officer to do so
together with the sheriff.
by the sheriff, nd
The 2 par. is a new provision that authorizes
❑

the plaintiff to serve the summons when it is

his deputy or In cases where summons is to be served outside the
to be served outside the judicial region of the
court.
judicial region of the court where the case is
other proper pending, the plaintiff shall be authorized to cause
the service of summons. rd
The 3 par. is a new provision. When a
court officer, or
❑

plaintiff is a juridical entity it shall notify the

court in writing (attaching a board resolution
for justifiable If the plaintiff is a juridical entity, it shall notify
the court in writing, and name its authorized
or secretary’s certificate) of the name of its
representative who is authorized to serve the
reasons by any resolution or secretary’s certificate thereto, as the summons on its behalf.
representative therein, attaching a board

suitable person case may be, stating that such representative is

duly authorized to serve the summons on behalf of
authorized by the plaintiff. The 4 th
par. is a new provision. A
❑

misrepresentation by the plaintiff that the

the court If the plaintiff misrepresents that the defendant
summons was served, but proven not so, shall
result in the dismissal of the case, with
issuing the was served summons, and it is later proved that no
summons was served, the case shall be dismissed
prejudice, with the proceedings nullified and
the plaintiff subject to sanctions.
summons. with prejudice, the proceedings shall be nullified,
and the plaintiff shall be meted appropriate
sanctions. ❑ The 5th par. is a new provision. If summons is
not served on any or all of the defendants, the
plaintiff may be ordered to cause the service
If summons is returned without being served on of summons by other means.
any or all of the defendants, the court shall order ❑ The 6th par. is a new provision. Failure of the
the plaintiff to cause the service of summons by plaintiff to comply with the order to serve the
summons shall cause the dismissal of the
other means available under the Rules.
initiatory pleading without prejudice.

Failure to comply with the order shall cause the

dismissal of the initiatory pleading without
prejudice.
 RULE 14
SUMMONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION
Sec. 4. Validity of If a summons is returned without
being served on any or all of the
summons and issuance defendants, the server shall also serve
of alias summons a copy of the return on the plaintiff’s
counsel, stating the reasons for the
failure of service, within five (5) days
therefrom. In such a case, or if the
summons has been lost, the clerk, on
demand of the plaintiff, may issue an
alias summons.
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 address indicated in the complaint.
Substituted service should be in the
manner provided under Section 6 of
this Rule.
❑ This used to be Sec. 5 (Issuance
of alias summons).
❑ The amendment in Sec. 4
includes the validity of summons
until duly served, unless recalled
by the court.. Also, it is the court
(not the clerk of court) who will
issue an alias summons.
❑ Failure of service is when there
are unsuccessful attempts to serve
the summons at the defendant’s
address indicated in the
complaint. Also, substituted
service of summons should be
pursuant to Sec. 6, Rule 14
(Substituted service).

Sec. 5. Service in person Whenever practicable, the summons shall This used to be Sec. 6.
Whenever
❑

be served by handing a copy thereof to ❑ The amendment requires that the

on defendant the defendant in person and informing summons, when served
practicable, the the defendant that he or she is being personally, should also inform
served, or, if he or she refuses to receive defendant that “he or she is being
summons shall and sign, by leaving the summons served”. Also, when the defendant
within the view and in the presence of refuses to receive and sign, the
be served by the defendant. summons should be left within
the view and in the presence of
handing a copy the defendant.

thereof to the
defendant in
person, or, if he
refuses to
receive and sign
 RULE 14
SUMMONS – cont.
SECTION ORIGINAL
PROVISION
Sec. 6. Substituted If, for justifiable causes, the
defendant cannot be served
service within a reasonable time as
provided in the preceding
section, service may be effected
(a) by leaving copies of the
summons at the defendant’s
residence with some person of
suitable age and discretion then
residing therein, or (b) by
leaving the copies at defendant’s
office or regular place of
business with some competent
person in charge thereof.
AMENDED
PROVISION
If, for justifiable causes, the defendant
cannot be served personally after at least
three (3) attempts on two (2) separate
dates, service may be effected;
(a) By leaving copies of the summons at
the defendant’s residence to a person at
least eighteen (18) years of age and of
sufficient discretion residing therein;
(b) By leaving the copies of the summons
at defendant’s office or regular place of
business with some competent person in
charge thereof. A competent person
includes, but 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.
REMARKS
❑ This used to be Sec. 7. The amendment
allows substituted service if personal
service after at least 3 attempts on 2
separate dates of personal service.
❑ In item (a), when leaving a copy of the
summons at defendant’s residence it
should be to a person at least 18 years
of age and of sufficient discretion
residing in defendant’s residence.
❑ In item (b), when leaving a copies of
the summons at defendant’s office or
regular place of business it should be to
a competent person, which includes
“one who customarily receives
correspondence for the defendant”.
❑ Item (c) is a new provision. If refused
entry, a new mode of substituted
service is leaving a copy of the
summons with any of the officers 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.
❑ Item (d) is a new provision. Substituted
service may be done by sending an
electronic mail to defendant’s email
address, if allowed by the court.
 RULE 14
SUMMONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 7. Service upon When persons associated in an entity This used to be Sec. 8. The
When persons
❑

without juridical personality are sued amendment only is changing the

entity without juridical
personality associated in an generally or commonly known, service word “brought” to “filed.
under the name by which they are

may be effected upon all the defendants

entity without by serving upon any one of them, or upon
the person in charge of the office or place
juridical of business maintained in such name. But
such service shall not bind individually
personality are any person whose connection with the
entity has, upon due notice, been severed
sued under the before the action was filed.

name by which
they are
generally or
commonly
known, service
may be effected
upon all the
defendants by
serving upon any
one of them, or
upon the person
in charge of the
office or place of
 RULE 14
SUMMONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION
Sec. 10. Service upon When the defendant is a minor,
insane or otherwise an
minors and incompetents incompetent, service shall be
made upon him personally and on
his legal guardian if he has one, or
if none, upon his guardian ad
litem whose appointment shall be
applied for by the guardian. In the
case of a minor, service may also
be made on his father or mother.
PROVISION
When the defendant is a minor, insane or
otherwise an incompetent person, service of
summons shall be made upon him
personally and on his or her legal guardian
if he or she has one, or if none, upon his or
her guardian ad litem whose appointment
shall be applied for by the guardian. In the
case of a minor, service shall also be made
on his or her parent or guardian.
❑ The amendment in Sec. 10, for one,
inserts the word “person” when
referring to an incompetent.
❑ It also provides that service on a
minor shall also be made on his/her
parent or guardian.
❑ The other amendments are just
gender-based.

Sec. 11. Service upon This is a new section. The

NO ORIGINAL When spouses are
❑

amendment involves requiring that

spouses each spouse should still be
PROVISION sued jointly, service individually served even if they are
sued jointly.
of summons should
be made to each
spouse individually.
Sec. 12. Service upon
When the When the defendant is a corporation, This used to be Sec. 11. The
❑

partnership or association organized under amendment clarifies that the

domestic private juridical the laws of the Philippines with a juridical
entity defendant is a personality, service may be made on the
president, managing partner, general
corporation, manager, corporate secretary, treasurer or in-
house counsel of the corporation wherever
partnership or they may be found, or in their absence or
unavailability, on their secretaries.
association
organized If such service cannot be made upon any
of the foregoing persons, it shall be made
❑ If service cannot be effected on the
under the laws upon the person who customarily receives
the correspondence for the defendant at
of the its principal office.
enumerated corporate officials
(president, managing partner,
corporate secretary, treasurer or in-
house counsel) may be served
“wherever they may be found, or in
their absence or unavailability, on
their secretaries”.
named corporate officials, then
service can be made upon the person
who customarily receives the
correspondence for the defendant
domestic corporation, partnership or
association.
 RULE 14
SUMMONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 12. Service
upon domestic
NO In case the domestic juridical entity is
under receivership or liquidation,
❑ This is a new provision. A domestic
juridical entity under receivership or
private juridical ORIGINAL service of summons shall be made on liquidation may be served through
entity – cont. the receiver or liquidator, as the case the receiver or liquidator
PROVISION may be. ❑
❑ This is also a new provision. Service
Should there be a refusal on the part may be made electronically, if
of the persons above-mentioned to allowed by the court (via substitute
receive summons despite at least three service), if the corporate officials,
(3) attempts on two (2) separate dates, their secretaries, the person who
service may be made electronically, if customarily receives correspondence,
allowed by the court, as provided or the receiver or liquidator, refuse to
under Sec. 6 of this rule (Substituted receive the summons.
service).
Sec. 13. Duty of This is a new section. The
counsel of record
NO Where the summons ❑

amendment allows the court, if the

ORIGINAL is improperly served summons is improperly served and a
lawyer makes a special appearance
PROVISION and a lawyer makes a on behalf of the defendant to
question the validity of the service of
special appearance summons, shall deputize the counsel
on behalf of the to serve summons on his/her client

defendant to, among

others, question the
validity of service of
summons, the
counsel shall be
 RULE 14
SUMMONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 14. Service upon When the defendant is a foreign private This used to be Sec. 12. The
When the
❑

juridical entity which has transacted or is amendment, among others,

foreign private juridical doing business in the Philippines, as requires that a foreign private
entities defendant is a defined by law, service may be made on juridical entity is not only
its resident agent designated in transacting, but should also, be
foreign private accordance with law for that purpose, or, doing business in the Philippines,
if there be no such agent, on the as defined by law. Also, service
juridical entity government official designated by law to may be made on the said
that effect, or on any of its officers, corporation’s directors or trustees,
which has agents directors or trustees within the aside from its officers or agents.
Philippines.
transacted ❑
❑ This is a new paragraph in Sec.
business in the If the foreign private juridical entity is
not registered in the Philippines, or has
14. If the foreign private juridical
entity is not registered in the
Philippines, no resident agent but has transacted or
is doing business in it, as defined by
Philippines or has no resident
agent, but transacted or did
service may be law, such service may, with leave of
court, be effected outside of the
business in the Philippines,
service may, with leave of court,
made on its Philippines through any of the
following means:
be effected outside of the
Philippines by: (a) personal
resident agent (a) By personal service coursed
through the appropriate court in the
service on the appropriate court in
a foreign country with the
designated in foreign country with the assistance of
the department of foreign affairs;
assistance of the DFA, (b)
publication in a newspaper of
accordance with (b) By publication once in a newspaper
of general circulation in the country
general circulation in the country
where the defendant may be
law for that where the defendant may be found and
by serving a copy of the summons and
found and serving copy of the
summons and the court order by
purpose, or, if the court order by registered mail at
the last known address of the
registered mail at the last known
address of the defendant, (c)
there be no such defendant;
(c) By facsimile;
facsimile, (d) electronic means or
(e) such other means as the court
agent, on the may direct

government
official
 RULE 14
SUMMONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 14. Service upon (d) By electronic means with the
foreign private juridical prescribed proof of service; or
(e) By such other means as the
entities – cont. court, in its discretion, may direct.
Sec. 16. Service upon
In any action In any action where the defendant is This used to be Sec. 14. The
❑

defendant whose identity designated as an unknown owner, or amendment provides that

or whereabouts are where the the like, or whenever his or her
whereabouts are unknown and cannot
unknown
defendant is be ascertained by diligent inquiry,
within ninety (90) calendar days
designated as an from the commencement of the
action, service may, by leave of
unknown owner, court, be effected upon him or her by
publication in a newspaper of general
or the like, or circulation and in such places and for
whenever his such time as the court may order.
whereabouts are
when the defendant is
designated as an unknown
owner, or the like, or his/her
whereabouts are unknown and
cannot be ascertained within
90 calendars from the
commencement of the action,
with leave of court, service
may be made by publication in
a newspaper of general
circulation and for such time
as the court may order

unknown and Any order granting such leave shall ❑ The 2nd par. in Sec. 16 is a new
specify a reasonable time, which
cannot be shall not be less than sixty (60)
provision. The order granting
the leave (to serve by
ascertained by calendar days after notice within
which the defendant must answer.
publication) should specify a
reasonable period, which
diligent inquiry, should not be less than 60
calendar days after notice
service may, by within which the defendant
leave of court, be must answer.

effected upon
him by
 RULE 14
SUMMONS – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 17. Extraterritorial
When the When the defendant does not reside and This used to be Sec. 15. The
❑

is not found in the Philippines, and the amendment added that service, by
service action affects the personal status of the leave of court, may be made on
defendant does plaintiff or relates to, or the subject of the defendant who does not reside

not reside and is in which the defendant has or claims a and

which is, property within the Philippines, is not found in the Philippines
through means as provided for in
lien or interest, actual or contingent, or in international conventions to
not found in the which the relief demanded consists, which the Philippines is a party,
wholly or in part, in excluding the aside from personal service as
Philippines, and defendant from any interest therein, or provided by under Sec. 5 or
the property of the defendant has been publication in a newspaper of
the action affects attached within the Philippines, service general circulation or in any
may, by leave of court, be effected out of manner the court may deem
the personal the Philippines by personal service as sufficient.
under section (5); or as provided for in Instead of Sec. 6, it should be
status of the
❑

international conventions to which the Sec. 5 as this is not the section on

Philippines is a party; or by a “Service in person on defendant”
plaintiff or relates publication in a newspaper of general Also, the amendment emphasizes
❑

circulation in such places and for such that the period for the defendant
to, or the subject time as the court may order, in which to file an answer shall not be less
case a copy of the summons and order of than 60 calendar days after notice.
of which is, the court shall be sent by registered mail
to the last known address of the
property within defendant; or in any other manner the
court may deem sufficient. Any order
the Philippines, in granting such leave shall specify a
reasonable time, which shall not be less
which the than sixty (60) calendar days after
notice, within which the defendant must
defendant has or answer.
claims a lien or
interest, actual or
contingent, or in
which the relief
 RULE 14
SUMMONS – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 20. Return
NO ORIGINAL Within thirty (30) calendar days from This is a new section. The
❑

issuance of summons by the clerk of court amendment requires that the

and receipt thereof, the sheriff or process service of the summons shall be
PROVISION server, or person authorized by the court, completed within 30 calendar
shall complete its service. Within five (5) days by the sheriff or process
calendar days from service of summons, the server or person authorized (to
server shall file with the court and serve a serve the summons) by the court.
copy of the return to the plantiff(’)s counsel, Also, the server shall file with the
personally, by registered mail, or by court and serve a copy of the
electronic means authorized by the Rules. return on plaintiff’s counsel
within 5 calendar days from
service of the summons.

Should substituted service have been ❑ Should substituted service was

effected, the return shall state:
(1) (T)he impossibility of prompt personal
service within a period of thirty (30) calendar
days from issue and receipt of summons;
(2) The date and time of the three (3)
attempts on at least two (2) separate 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 (the) 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.
effected the return should state:
(1) the impossibility of prompt
service within 30 calendar days;
(2) the date and time of the 3
attempts on at least 2 separate
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 18 years of
age and of sufficient discretion
residing at defendant’s residence
or the name of the officer of the
homeowner’s association or
condominium corporation or its
chief security officer in charge of
the community r building where
the defendant may be found
 RULE 14
SUMMONS – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 21. Proof of
The proof of service The proof of service of a summons shall This used to be Sec. 18. The
❑

st
be made in writing by the server and shall amendment in the 1 par. of Sec. 21
service set forth the manner, place, and date of
of a summons shall service; shall specify any papers which ❑ is just gender-based.
have been served with the process and the
be made in writing name of the person who received the ❑
same; and shall be sworn to when made
by the server and by a person other than a sheriff or his or ❑
her deputy.
shall set forth the ❑

manner, place, and If summons was served by electronic ❑

mail, a printout of said e-mail, with a
date of service; shall copy of the summons as served, and the ❑
affidavit of the person mailing, shall
specify any papers constitute as proof of service.
This is a new provision in Sec. 21.
❑

which have been Proof of service of summons served

by electronic mail requires a printout
served with the of said email, with a copy of the
summons served, and the affidavit of
process and the the person mailing it

name of the person

who received the
same; and shall be
sworn to when made
by a person other
than a sheriff or his
deputy.
Sec. 22. Proof of If the service has been made by This used to be Sec. 19. The
If the service has
❑

publication, service may be proved by the amendment removed the printer, his
service by affidavit of the publisher, editor, business foreman or principal clerk in
 RULE 15
MOTIONS

SECTION ORIGINAL AMENDED REMARKS

Sec. 2. Motions
must be in writing
PROVISION
All motions shall be in writing
except those made in open court or
in the course of a hearing or trial.
NO ORIGINAL PROVISION
PROVISION
All motions shall be in writing except those made
in open court or in the course 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.
❑ No amendment in the 1st par. of Sec. 2.
❑
❑ This is a new provision. It requires that a
motion made in open court or in the
course of the trial should be resolved
immediately in open court after giving the
adverse party the opportunity to argue
his/her opposition thereto.
❑ This is also a new provision. It provides
that when a motion is based on facts not
appearing on record, the court may hear
the matter on affidavits or depositions, or
direct that the matter be wholly or partly
heard on oral testimony or depositions.

Sec. 4. Non- Motions which the court may act upon without This a new section. The amendment
NO ORIGINAL
❑

prejudicing the rights of adverse parties are
litigious motions non-litigious motions. These motions include:
PROVISION i. Motion for the issuance of an alias summons;
ii. Motion for extension to file answer;
iii. Motion for postponement;
iv. Motion for the issuance of a writ of
execution;
v. Motion for the issuance of an alias writ of
execution
defines “non-litigious motions” as those
that the court may act upon without
prejudicing the rights of adverse parties
(these include motions for (i) the issuance
of alias summons, (ii) extension to file
answer, (iii) postponement, (iv) the
issuance of a writ or (v) alias writ of
execution, (vi) the issuance of a writ of
possession,

NOTE1: No amendment in Sec. 1 (Motion defined) and Sec. 3 (Contents)

NOTE2: The old Sec. 4 (Hearing of motion) was DELETED.
NOTE3: No amendment in Sec. 9 (Omnibus motion), Sec. 10 (Motion for leave) and Sec. 11 (Form), except the re-numbering thereof. These used to be Sec. 8, 9 and 10,
respectively
 RULE 15
MOTIONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 4. Non-litigious vi. Motion for the issuance of a writ of (vii) the issuance of an order
possession; directing the sheriff to execute
motions – cont. vii. Motion for the issuance of an order the final certificate of sale; and
directing the sheriff to execute the final (viii) other similar motions)
certificate of sale; viii. Other similar
motions.

These motions shall not be set for

hearing and shall be resolved by the
court within five (5) calendar days
❑ Non-litigious motions shall not be
from receipt thereof. set for hearing and shall be
resolved by the court within 5
calendar days from receipt
thereof.

Sec. 5. Litigious Litigious motions include: This is a new section. Sec. 5 lists
NO ORIGINAL
• ❑

(i) Motion for bill of particulars;
motions. (ii) Motion to dismiss;
PROVISION (iii) Motion for new trial;
(iv) Motion for reconsideration;
(v) Motion for execution pending
appeal;
(vi) Motion to amend after a
responsive pleading has been filed;
(vii) Motion to cancel statutory
lien;
(viii) Motion for an order to break
in or for a writ of demolition;
(ix) Motion for intervention;
(x) Motion for judgment on the
pleadings;
(xi) Motion for summary
judgment;
(xii) Demurrer to evidence;
(xiii) Motion to declare defendant
in default; and,
(xiv) Other similar motions.
the litigious motions that must be
set for hearing before being
resolved by the court (such as
motions (i) for bill of particulars,
(ii) to dismiss, (iii) for new trial,
(iv) for reconsideration, (v) for
execution pending appeal, (vi) to
amend after a responsive pleading
has been filed, (vii) to cancel
statutory lien, (viii) for an order
to break in or for a writ of
demolition, (ix) for intervention,
(x) for judgment on the pleadings,
(xi) for summary judgment, (xii)
for demurrer to evidence, (xiii) to
declare defendant in default and
(siv) other similar motions)
 RULE 15
MOTIONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 5. Litigious (b) All motions shall be served by ❑ Aside from personal service or
personal service, accredited private registered mail, all motions shall be
motions – cont. courier or registered mail, or electronic served by accredited private courier
means so as to ensure their receipt by the or electronic means
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 opposing party shall file his/her
opposition to a litigious motion
within 5 calendar days from receipt
thereof. Also, other pleading shall be
considered by the court in resolving
the subject 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.
❑ The court has 15 calendar days, from
receipt of the opposition or upon
expiration of the 5-day period to file
such opposition, to resolve the
litigious motion

Sec. 6. Notice of The court may in the exercise of its This used to be Sec. 5 (Notice of
The notice of
❑

discretion, and if deemed necessary for hearing).

hearing on litigious its resolution, call a hearing on the The amendment includes giving the
hearing shall be
❑

motions; discretionary motion. The notice of hearing shall be court the discretion to call a hearing
addressed to all parties concerned, and shall on the litigious motion, if deemed
addressed to all specify the time and date of the hearing; necessary.

parties
concerned, and
shall specify the
time and date of
the hearing
which must not
 RULE 15
MOTIONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 8. Motion day Except for motions requiring immediate This used to be Sec. 7.
Except for
❑

action, where the court decides to The amendment deletes requiring all
❑

conduct hearing on a litigious motion, motions to be heard on a Friday, and

motions the same shall be set on a Friday. specifies instead that only litigious
motions should be set for hearing on a
requiring Friday when the court decides to conduct
a hearing thereon
immediate
action, all
motions shall
be scheduled
for hearing on
Friday
afternoons, or
if Friday is a
non-working
day, in the
afternoon of
the next
working day.
Sec. 12. Prohibited
NO ORIGINAL The following motions shall not be This is a new section.
❑

allowed: Sec. 12 lists motions that are prohibited,

❑
motions (a) Motion to dismiss except on the such as: (a) motion to dismiss (except on
PROVISION following grounds: the ground of lack of jurisdiction over
i That the court has no jurisdiction over the subject matter of the claim, litis
the subject matter of the claim; ii. That pendendia, or barred by res judicata or
 RULE 15
MOTIONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 12. Prohibited (f) Motion for postponement intended for
delay, except it it is based on acts of God,
motions – cont. 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 receipt from the office of the
clerk of court evidencing payment of the
postponement fee under Section 2(b), Rule
141. to be submitted either at the time of the
filing of said motion or not later than the next
hearing. The clerk of court shall not accept
the motion unless accompanied by the
original receipt.
❑ This amendment requires that a motion for
postponement, written or oral, should be
accompanied by the original receipt from the
office of the clerk of court evidencing payment
of the postponement fee, to be submitted either
at the time of the filing of the motion or not later
than the next hearing. Also, the clerk of court
shall not accept the motion unless accompanied
by the original receipt.

Sec. 13. Dismissal Subject to the right of appeal, an order This used to be, in part, Sec. 5, Rule 16
Subject to the
❑

granting a motion to dismiss or an affirmative (MOTION TO DISMISS)

with prejudice defense that the cause of action is barred by a The amendment provides that an order granting,
right of appeal,
❑

prior judgment or by the statute of aside from a motion to dismiss, an affirmative

limitations; that the claim or demand set defense (that the cause is barred by res judicata
an order forth in the plaintiff’s pleading has been paid,
waived, abandoned or otherwise
or by the statute of limitations; or the claim or
demand has been paid, waived, abandoned or
granting a extinguished; or the claim on which the
action is founded is unenforceable under the
otherwise extinguished; or the claim on which
the action is founded is unenforceable under the

motion to provisions of the statute of frauds, shall bar

the refiling of the same action or claim.
statute of frauds) shall bar the refiling of the
same action or claim.

dismiss based
 RULE 16
MOTION TO DISMISS*
(NOTE: Provisions either deleted or transposed)
SECTION SUMMARY OF
ORIGINAL
PROVISION
Sec. 1. Grounds ❑ Lists down ten (10) grounds upon
which a motion to dismiss may be
made, such as: (i) court has no
jurisdiction over the person of the
defending party; (ii) court has no
jurisdiction over the subject matter of
the claim; (iii) venue is improperly laid;
(iv) plaintiff has no legal capacity to
sue; (v) there is another action pending
between the same parties for the same
cause; (vi) cause of action is barred by
prior judgment or by the statute of
limitations; (vii) pleading asserting the
claim states no cause of action; (viii)
claim or demand set forth in the
plaintiff’s pleading has been paid,
waived, abandoned or otherwise
extinguished; (ix) claim on which the
action is founded is unenforceable
under the provisions of the statute of
frauds; and (x) a condition precedent
for filing the claim has not been
complied with
*These are extra slides only involving the old RULE 16
REMARKS
❑ Sec. 5, Rule 6 (KINDS OF PLEADINGS) provides affirmative defenses that may be
pleaded in the answer may include grounds for the dismissal of a complaint, such as,
(i) the court has no jurisdiction over the subject matter, (ii) there is another
action pending between the same parties for the same cause, or (iii) the action is
barred by a prior judgment
❑ Sec. 12, Rule 8 (MANNER OF MAKING ALLEGATIONS IN PLEADINGS) lists
the affirmative defenses that a defendant may raise in his answer, such as” (i) the
court has no jurisdiction over the person of the defending party; (ii) venue is
improperly laid; (iii) the plaintiff has no legal capacity to sue; (iv) pleading
asserting the claim states no cause of action; and (v) a condition precedent for
filing the claim has not been complied with
❑ Sec. 12, Rule 15 (MOTIONS) prohibits a motion to dismiss, except on the following
grounds: (i) the court has no jurisdiction over the subject matter of the claim,
(ii) there is another action pending between the same parties for the same cause,
or (iii) the action is barred by a prior judgment or by the statute of limitations
❑ Sec. 13, Rule 15 provides that an order granting a motion to dismiss or affirmative
defense, such as, (i) that the cause of action is barred by a prior judgment or by
the statute of limitations; (ii) that the claim or demand set forth in the plaintiff’s
pleading has been paid, waived, abandoned or otherwise extinguished; or (iii)
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*
(NOTE: Provisions either deleted or transposed)

SECTION SUMMARY OF REMARKS

ORIGINAL
PROVISION
Sec. 1. Grounds – cont. ❑ Sec. 5, Rule 6, Sec. 12, Rule 8, and Secs. 12 and 13, Rule 15, as
amended, covered all the 10 grounds for a motion to dismiss as listed
in Sec. 1, Rule 16
❑ The following grounds may be raised as affirmative defenses: (i) the
court has no jurisdiction over the subject matter; (ii) there is
another action pending between the same parties for the same
cause; (iii) the action is barred by a prior judgment; (iv) the court
has no jurisdiction over the person of the defending party; (v)
venue is improperly laid; (vi) the plaintiff has no legal capacity to
sue; (vii) pleading asserting the claim states no cause of action;
and (viii) a condition precedent for filing the claim has not been
complied with
❑ A motion to dismiss is prohibited, except on the following grounds:
(i) the court has no jurisdiction over the subject matter of the
claim, (ii) there is another action pending between the same
parties for the same cause, or (iii) the action is barred by a prior
judgment or by the statute of limitations
❑ Further, if a motion to dismiss or affirmative defense is granted, for
the following grounds, it will bar the re-filing of another action or
claim based on the same grounds, to wit: (i) that the cause of action
is barred by a prior judgment or by the statute of limitations; (ii)
that the claim or demand set forth in the plaintiff’s pleading has
been paid, waived, abandoned or otherwise extinguished; or (iii)
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*
(NOTE: Provisions either deleted or transposed)

SECTION SUMMARY OF REMARKS

ORIGINAL
PROVISION
Sec. 2. Hearing of ❑ Requires that during the hearing of ❑ Sec. 4 (Hearing of motion), Rule 15 was DELETED. Hence, this can
motion the motion the parties shall submit be treated in the same manner.
their arguments on the questions of ❑ Also, the hearing of a motion and the resolution thereof is covered by
law and their evidence on the Sec. 2, Rule 15, as amended.
questions of fact involved
❑ Should the case go to trial, the
evidence presented therein shall
automatically be part of the evidence
of the party presenting the same

Sec. 3. Resolution of ❑ Requires that, after hearing, the court
motion may dismiss the action or claim,
deny the motion, or order the
amendment of the pleading
Sec. 4. Time to plead ❑ Provides the period when an answer
has to be filed when the motion to
dismiss is denied or the pleading is
ordered to be amended
❑ This is covered by Sec. 2, Rule 15, as amended.
❑ Also, Secs. 2 to 5, Rule 10 (AMENDED AND SUPPLEMENTAL
PLEADINGS), as amended, among others, are applicable and covers
the subject section..
❑ Secs. 1 and 2, Rule 11 (WHEN TO FILE RESPONSIVE
PLEADINGS), as amended, among others, are applicable and covers
the subject section.

Sec. 5. Effect of ❑ Provides what are barred from being ❑ Covered by Sec. 13, Rule 15, as amended
dismissal re-filed if the motion to dismiss is
granted
Sec. 6. Pleading ❑ Provides that if no motion to dismiss ❑ This section is covered by Sec. 5, Rule 6, Sec. 12, Rule 8, and Secs.
grounds as affirmative is filed, the grounds for the dismissal 12 and 13, Rule 15, as amended
defenses of the action may be pleaded as
affirmative defenses
 RULE 16
DISMISSAL OF ACTIONS

SECTION ORIGINAL AMENDED REMARKS

PROVISION
Sec. 2. Dismissal upon Except as provided in the preceding
section, a complaint shall not be
motion of plaintiff dismissed at the plaintiff’s instance
save upon approval of the court and
upon such terms and conditions as the
court deems proper. If a counterclaim
has been pleaded by a defendant prior
to the service upon him of the
plaintiff’s motion for dismissal, the
dismissal shall be limited to the
complaint. The dismissal shall be
without prejudice to the right of the
defendant to prosecute his
counterclaim in a separate action
unless within fifteen (15) days from
notice of the motion he manifests his
preference to have his counterclaim
resolved in the same action. Unless
otherwise specified in the order, a
dismissal under this paragraph shall be
without prejudice. A class suit shall not
be dismissed or compromised without
the approval of the court.
PROVISION
Except as provided in the preceding ❑ The amendments in Sec. 2 are
section, a complaint shall not be only gender-based and clarifies
dismissed at the plaintiff’s instance save that the defendant, from notice of
upon approval of the court and upon such a motion to dismiss, has 15
terms and conditions as the court deems calendar days to manifest that he
proper. If a counterclaim has been or she wants his or her
pleaded by a defendant prior to the counterclaim to be resolved in the
service upon him or her of the plaintiff’s same action
motion for dismissal, the dismissal shall
be limited to the complaint. The dismissal
shall be without prejudice to the right of
the defendant to prosecute his or her
counterclaim in a separate action unless
within fifteen (15) calendar days from
notice of the motion he or she manifests
his or her preference to have his or her
counterclaim resolved in the same action.
Unless otherwise specified in the order, a
dismissal under this paragraph shall be
without prejudice. A class suit shall not
be dismissed or compromised without the
approval of the court.

NOTE1: The provisions of the old Rule 16 (MOTION TO DISMISS) were either deleted or transposed. As such, Rule on
DISMISSAL OF ACTIONS should now be RE-NUMBERED as Rule 16 (not Rule 17).
NOTE2: No amendment in Sec. 1 (Dismissal upon notice by plaintiff) and Sec. 4 (Dismissal of counterclaim, cross-claim, or
third-party complaint)
NOTE3: The amendments in Sec. 3 (Dismissal due to fault of plaintiff) are merely gender-based.
 RULE 17
PRE-TRIAL

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 1. When After the last pleading has been After the last responsive pleading has ❑ The amendment in Sec. 1 includes
served and filed, it shall be the duty of been served and filed, the branch clerk clarifying that, prior to the pre-trial, the
conducted the plaintiff to promptly move ex of court shall issue, within five (5) last “responsive” pleading should have
parte that the case be set for pre-trial. calendar days from filing, a notice of been served and filed. Also, the plaintiff
pre-trial which shall be set not later is no longer required to move for the
than sixty (60) calendar days from the case to be set for pre-trial and, instead, it
filing of the last responsive pleading. is the clerk of court who will issue,
within 5 calendar days from filing of the
last responsive pleading, a notice of pre-
trial which shall be set not later than 60
calendar days from the filing of the last
responsive pleading.

Sec. 2. Nature and The pre-trial is mandatory. The court
shall consider:
Purpose (a) The possibility of an amicable
settlement or of a submission to
alternative modes of dispute
resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of
amendments to the pleadings;
(d) The possibility of obtaining
stipulations or admissions of facts and
of documents to avoid unnecessary
proof;
(e) The limitation of the number of
witnesses;
(f) The advisability of a preliminary
reference of issues to a commissioner;
The pre-trial is mandatory and should be
terminated promptly. The court shall
consider:
(a) The possibility of an amicable
settlement or of a submission to
alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining
stipulations or admissions of facts and of
documents to avoid unnecessary proof;
(d) The limitation of the number and and
identification of witnesses and setting of
trial dates;
(e) The advisability of a preliminary
reference of issues to a commissioner;
❑ The amendment in Sec. 2 includes,
among others, requiring the pre-trial to be
terminated promptly.
❑ Also, the necessity or desirability of
amendments to the pleadings (item [c]) is
no longer a matter for consideration
during the pre-trial
❑ Further, in item (d), the witnesses must
be identified and the trial dates must be
set during the pre-trial

NOTE: Rule on PRE-TRIAL should now be RE-NUMBERED as Rule 17 (not Rule 18).
 RULE 17
PRE-TRIAL – cont.
SECTION ORIGINAL
PROVISION
Sec. 2. Nature and (g) The propriety of rendering
judgment on the pleadings, or
Purpose – cont. summary judgment, or of
dismissing the action should a
valid ground therefor be found
to exist;
(h) The advisability or necessity
of suspending the proceedings;
and,
(i) Such other matters as may
aid in the prompt disposition of
the action.
AMENDED
PROVISION
(f) The propriety of rendering judgment on
the pleadings, or summary judgment, or of
dismissing the action should a valid ground
therefor be found to exist;
(g) The requirement for the parties to:
i. Mark their respective evidence if not yet
marked in the judicial affidavits of their
witnesses;
ii. Examine and make comparisons of the
adverse parties’ evidence vis-à-vis the
copies to be marked;
iii. Manifest for the record stipulations
regarding the faithfulness of the
reproductions and the genuineness and due
execution of the adverse parties’ evidence;
iv. Reserve evidence not available at the
pre-trial, but only in the following manner:
1) For testimonial evidence, by giving the
name or position and the nature of the
testimony of the proposed witness; (and)
2) For documents 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.
REMARKS
❑
❑
❑
❑ This is a new provision. The parties are
additionally required during the pre-trial
to: (i) mark their respective evidence if
not yet marked in the judicial affidavits
of the witnesses; (ii) examine and make
comparisons of their marked evidence;
(iii) manifest stipulations regarding the
faithfulness of the reproductions and
genuineness and due execution of their
evidence; and (iv) reserve evidence not
available at the pretrial (subject to the
following manner as follows: for
testimonial evidence – give the name or
position and nature of the testimony of
the witness; for documents and other
object evidence – give a particular
description thereof)
❑ No reservation allowed if the above
requirements are not followed
❑ The advisability or necessity of
suspending proceedings (old item [h])no
longer considered during the pre-trial.
 RULE 17
PRE-TRIAL – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 2. Nature and The failure without just cause of a party and
counsel to appear during pre-trial, despite
Purpose – cont. 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)
❑ This is a new provision, Failure of a
party and counsel to appear during the
pre-trial will result in a waiver of any
objections to the faithfulness of the
reproductions marked, or their
genuineness and due execution
❑ This is also a new provision. Failure
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, not the
court interpreter, shall prepare the
minutes of the pre-trial (based on a
prescribed form)

Sec. 3. Notice of pre-

The notice of The notice of pre-trial shall include the dates The amendment in Sec. 3 lists, among
❑

respectively set for: others, what should be included in the

trial (a) Pre-Trial; notice of pre-trial, such as the dates of
pre-trial shall (b) Court-Annexed Mediation; and the (i) pre-trial, (ii) court-annexed
(c) Judicial Dispute Resolution, if necessary. mediation and (iii) judicial dispute
be served on resolution, if necessary.
Also, the amendment in the 2nd par. is
counsel, or
❑

The notice of pre-trial shall be served on only gender-based.

counsel, or on the party who has no counsel.
on the party The counsel served with such notice is charged
with the duty of notifying the party represented
❑

who has no by him or her.

❑

counsel. The Non-appearance at any of the foregoing ❑

counsel settings shall be deemed non-compliance at
the Pre-Trial and shall merit the same
❑ Non-appearance at the dates for the
served with sanctions under Section 5 hereof. pre-trial, court-annexed mediation or
judicial dispute resolution will be
such notice is sanctioned per Sec. 5 of this Rule
 RULE 17
PRE-TRIAL – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 4. Appearance of
It shall be the It shall be the duty of the parties and The amendment in Sec. 4 requires,
❑

their counsel to appear at the pre-trial, among others, that a party and
parties court-annexed mediation, and judicial counsel should appear, not only at
duty of the dispute resolution, if necessary. The the pre-trial, but also at the court-

parties and their counsel may be excused only for acts annexed
non-appearance of a party and
dispute
mediation and judicial
resolution (JDR), if
of God, force majeure, or duly necessary. Also, non-appearance is
counsel to substantiated physical inability. excused only for acts of God, force
majeure or duly substantiated
appear at the (A) representative may appear on
physical inability.
A representative may appear on
pre-trial. The
❑

behalf of a party but shall be fully
authorized in writing to enter into an
non-appearance amicable settlement, to submit to
alternative modes of dispute resolution,
behalf of a party (for the pre-trial,
court-annexed mediation and JDR),
but the authority must be in writing.

of a party may and to enter into stipulations or

admissions of facts and documents.
be excused only
if a valid cause
is shown
therefor or if a
representative
shall appear in
his behalf fully
authorized in
writing to enter
into an amicable
settlement, to
 RULE 17
PRE-TRIAL – cont.
SECTION ORIGINAL
PROVISION
Sec. 6. Pre-trial brief The parties shall file with the court and
serve on the adverse party, in such
manner as shall ensure their receipt
thereof at least three (3) days before the
date of the pre-trial, their respective pre-
trial briefs which shall contain, among
others:
(a) A statement of their willingness to
enter into amicable settlement or
alternative modes of dispute resolution,
indicating the desired terms thereof;
(b) A summary of admitted facts and
proposed stipulation of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be
presented, stating the purpose thereof;
(e) A manifestation of their having
availed or their intention to avail
themselves of discovery procedures or
referral to commissioners; and
(f) The number and names of the
witnesses , and the substance of their
respective testimonies.
Failure to file the pre-trial brief shall have
the same effect as failure to appear at the
pre-trial.
AMENDED
PROVISION
The parties shall file with the court and
serve on the adverse party, in such manner
as shall ensure their receipt thereof at least
three (3) calendar days before the date of
the pre-trial, their respective pre-trial
briefs which shall contain, among others:
(a) A concise statement of the case and
the reliefs prayed for; statement of their
willingness to enter into amicable
settlement or alternative modes of dispute
resolution, indicating the desired terms
thereof;
(b) A summary of admitted facts and
proposed stipulation of facts;
(c) The main factual and legal issues to
be tried or resolved;
(d) The propriety of referral of factual
issues to commissioners;
(e) The documents or other object
evidence to be marked, stating the
purpose thereof;
(f) The names of the witnesses, and the
summary of their respective testimonies;
and
(g) Brief statement of points of law and
citation of authorities.
Failure to file the pre-trial brief shall have
the same effect as failure to appear at the
pre-trial.
REMARKS
❑ The amendment in Sec. 6 includes,
among others, clarifying that the
pre-trial brief should be filed and
served on the adverse party at least
3 calendar days from the date of
the pre-trial.
❑ Among those to be contained in
the pre-trial brief are: (i) a concise
statement of the case and the
reliefs prayed for (no more
statement of the willingness to
enter into an amicable settlement
or alternative modes of dispute
resolution); (ii) the main and
factual legal issues to be resolved;
(iii) the propriety of referral of
factual issues to commissioners;
(iv) the other object evidence to be
marked;(v) the names of witnesses
and the summary of their
testimonies; and (vi) a brief
statement of points of law and
citation of authorities
❑ A manifestation on availing or
intent to avail of discovery
procedures or referral to
commissioners is no longer
required
❑ No amendment in the 2nd par. of
Sec. 6.
 RULE 17
PRE-TRIAL – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 7. Pre-trial
The proceedings Upon termination of pre-trial, the court shall The amendment in Sec. 7 includes,
❑

issue an order within ten (10) calendars among others, changing the title
order which shall recite in detail the matters taken from “record of pre-trial” to “pre-
in the pre-trial up. The order shall include: trial order”, which order shall be
(a) An enumeration of the admitted facts; issued within 10 calendar days upon
shall be (b) The minutes of the pre-trial termination of pre-trial. Also, there
conference; is no requirement that the pre-trial
recorded. Upon (c) The legal and factual issue/s to be proceedings be recorded.
tried; The pre-trial order shall include
termination
❑

(d) The applicable law, rules and items on the following: (i) an
jurisprudence; enumeration of the admitted facts;
thereof, the court (e) The evidence marked; (ii) the minutes of the pre-trial
(f) The specific trial dates for continuous conference; (c) the legal and factual
shall issue an trial, which shall be within the period issue/s to be tried; (d) the applicable
provided by the Rules; law, rules and jurisprudence; (e) the
order which shall (g) The case flowchart to be determined by evidence marked; (f) the specific
the court, which shall contain the different trial dates for continuous trial; (g)
recite in detail the stages of the proceedings up to the the case flowchart as determined by
promulgation of the decision and the use the court (should contains the
matters taken up of time frames for each stage in setting the different stages of the proceedings
trial dates; up to promulgation of decision); (h)
in the (h) A statement that the one-day a statement that the one-day
examination of witness rule and most examination of witness rule and
conference, the important witness rule under A.M. No. 03-
1-09-SC (Guidelines for Pre-Trial) shall be
most important witness rule shall be
strictly followed; and (i) a statement
action taken strictly followed; and
(i) A statement that the court shall render
that the court shall render judgment
on the pleadings or summary
thereon, the judgment on the pleadings or summary
judgment, as the case may be.
judgment, as the case may be.

amendments
allowed to the
pleadings, and
the agreements
or admissions
 RULE 17
PRE-TRIAL – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 7. Pre-trial The direct testimony of witnesses for the This is a new provision. The direct
NO
❑

plaintiff shall be in the form of judicial testimony of plaintiff’s witnesses shall be in

order – cont. affidavits. After the identification of such the form of judicial affidavits and after the
ORIGINAL affidavits, cross-examination shall proceed identification thereof during trial, cross-
immediately. examination shall proceed immediately.
PROVISION This is a new provision. Postponement of
❑

presentation of parties’ witnesses is

Postponement of presentation of 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.
prohibited, except if it is based on acts of
God, force majeure or substantiated
physical inability of the witness to appear
and testify.
❑ Also, the party who caused the
postponement must be warned that it must
still terminate the presentation of its
evidence 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.
❑ Should the opposing party fail to appear,
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. ❑ This is the last sentence in the old Sec. 7,
wherein only the word “pre-trial” was
inserted.

Sec. 8. Court- This is a new section. It includes requiring

NO After pre-trial and,
❑

the parties, after pre-trial and the issues are

Annexed Mediation joined, to be referred to mandatory court-
ORIGINAL after issues are annexed mediation.

PROVISION joined, the court

 RULE 17
PRE-TRIAL – cont.

SECTIO ORIGINAL AMENDED PROVISION REMARKS

N PROVISIO
N
Sec. 8. Court- This is also a new provision. The court-annexed
The period for court-
❑

Annexed mediation shall be within a non-extendible period of

30 calendar days.
Mediation – cont.
annexed mediation shall
not exceed thirty (30)
calendar days without
further extension.
Sec. 9. Judicial Only if the judge of the court to which the case was This is a new section. It clarifies that JDR is allowed
NO
❑

Dispute originally raffled is convinced that settlement is still possible, only if the judge of the court to which the case was
the case may be referred to another judge for judicial originally raffled is convinced that settlement is still
Resolution
ORIGINAL dispute resolution. The judicial dispute resolution shall be
conducted within a non-extendible period of fifteen (15)
possible.
Also, the case shall be referred to another judge for
❑

PROVISIO mediation.
calendar days from notice of failure of the court-annexed JDR, which shall be conducted within a non-
extendible period of 15 calendar days from notice of
N failure of the court-annexed mediation.
If JDR fails, trial shall proceed before the original
❑

court on the agreed dates.

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 JDR shall be confidential.

All proceedings during the court-annexed mediation and the

judicial dispute resolution shall be confidential.
Should there be no more controversial facts, or no more This is a new provision. This includes the court being
Sec. 10. Judgment
NO
❑

after pre-trial genuine issue as to any material fact, or an absence of any allowed, motu proprio, and without prejudice to a
issue, or should the answer fail to tender an issue, the court party making a motion, to include in the pre-trial
ORIGINAL shall, without prejudice to a party moving for judgment on
the pleadings under Rule 34 or summary judgment under
order that the case will be submitted for judgment on
the pleadings or summary judgment under Rule 34 or
PROVISIO Rule 35, motu proprio include in the pre-trial order that the
case be submitted for summary judgment or judgment on
35, respectively, without need of position papers or
memoranda.
N the pleadings, without need of position papers or
memoranda. In such cases, judgment shall be rendered
❑ Also, the judgment shall be rendered within 90
calendar days from termination of the pre-trial.
within ninety (90) calendar days from termination of the pre-
trial.
 RULE 18
PRE-TRIAL

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 4. Answer to The answer to the complaint-in- The amendment in Sec. 4
The answer to
❑

intervention shall be filed within fifteen provides that an answer to a

complaint-in-
intervention the complaint-in- order admitting the same, unless a complaint-in-intervention
(15) calendar days from notice of the should
be within 15 calendar days from

intervention shall different period is fixed by the court. notice of the order admitting the
subject complaint.

be filed within
fifteen (15) days
from notice of the
order admitting
the same, unless
a different period
is fixed by the
court.

NOTE1: Rule on INTERVENTION should now be RE-NUMBERED as Rule 18 (not Rule 19).
NOTE2: No amendment in Sec. 1 (Who may intervene) and Sec. 2 (Time to intervene)
NOTE3: The amendment in Sec. 3 (Pleadings-in-intervention) is merely gender-based.
 RULE 20
SUBPOENA

SECTION ORIGINAL AMENDED REMARKS

PROVISION
Sec. 6. Service Service of a subpoena shall be made in
the same manner as personal or
substituted service of summons. The
original shall be exhibited and a copy
thereof delivered to the person on
whom it is served, tendering to him
the fees for one day’s attendance and
the kilometrage allowed by these
Rules, except that, when a subpoena is
issued by or on behalf of the Republic
of the Philippines or an officer or
agency thereof, the tender need not be
made.
PROVISION
Service of a subpoena shall be made in
the same manner as personal or
substituted service of summons. The
original shall be exhibited and a copy
thereof delivered to the person on whom
it is served. The service must be made so
as to allow the witness a reasonable time
for preparation and travel to the place of
attendance.
❑ The amendment in the first
paragraph of Sec. 6 is that the
matters on the need to tender the
fees to the person subject of the
subpoena for one day’s
attendance and the kilometrage
allowed, as well as on the
subpoenas issued on behalf of the
Republic of the Philippines or an
officer or agency thereof, have
been deleted.

The service must be made so as to

allow the witness a reasonable time for
preparation and travel to the place of
attendance. If the subpoena is duces
tecum, the reasonable cost of
producing the books, documents or
things demanded shall also be
tendered.
❑ Also, the entire 2nd par. of the old
Sec. 6 has been re-worded.
❑ The cost for court attendance and
Cost for court attendance and the the production of documents and
production of documents and other other materials subject of the
materials subject of the subpoena shall subpoena has to be tendered or
be tendered or charged accordingly. charged accordingly.

NOTE1: No amendment in the Rule on CALENDAR OF CASES which should be now RE-NUMBERED as Rule 19 (not
Rule 20)
NOTE2: Rule on SUBPOENA should now be RE-NUMBERED as Rule 20 (not Rule 21).
NOTE3: No amendment in Sec. 2 (By whom issued), Sec. 3 (Form and contents), Sec. 4 (Quashing a subpoena) and Sec. 5
(Subpoena for depositions)
NOTE4: The amendments in Sec. 1 (Subpoena and subpoena duces tecum), Sec. 7 (Personal appearance in court), Sec. 8
(Compelling attendance), Sec. 9 (Contempt), and Sec. 10 (Exceptions) are merely gender-based.
 RULE 22
DEPOSITIONS PENDING ACTIONS

SECTION ORIGINAL AMENDED REMARKS

PROVISION
Sec. 1. Deposition By leave of court after jurisdiction has been
obtained over any defendant or over
pending action, when property which is the subject of the action,
may be taken or without such leave after an answer has
been served, the testimony of any person,
whether a party or not, may be taken, at the
instance of any party, by deposition upon
oral examination or written interrogatories.
The attendance of witnesses may be
compelled by the use of a subpoena as
provided in Rule 21 (Subpoena).
Depositions shall be 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.
PROVISION
Upon ex parte motion of a party,
the testimony of any person,
whether a party or not, may be
taken, at the instance of any party,
by deposition upon oral examination
or written interrogatories. The
attendance of witnesses may be
compelled by the use of a subpoena
as provided in Rule (20)
(Subpoena). Depositions shall be
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.
❑ The amendment in Sec. 1 is that the
requirement that the testimony of
any person, whether a party or not,
may be taken by deposition upon
oral examination or written
interrogatories, only “by leave of
court or without such leave”, has
been replaced with only upon “ex
parte motion of a party”.
❑ Also, it must be noted that if the re-
numbering of the Rules is done,
then the Rule on Subpoena being
referred to should be Rule 20, not
Rule 21.

NOTE1: No amendment in the Rule on COMPUTATION OF TIME which should be now RE-NUMBERED as Rule 21 (not Rule
22)
NOTE2: Rule on DEPOSITIONS PENDING ACTIONS should now be RE-NUMBERED as Rule 22 (not Rule 23).
NOTE3: No amendment in Sec. 2 (Scope of examination), Sec. 3 (Examination and cross-examination), Sec. 5 (Effect of substitution of
parties), Sec. 6 (Objections to admissibility), Sec. 8 (Effect of using depositions), Sec. 10 (Persons before whom depositions may be taken
within the Philippines), Sec. 11 (Persons before whom depositions may be taken in foreign countries), Sec. 12 (Commission or letters
rogatory), Sec. 13. (Disqualification by interest), Sec. 14 (Stipulations regarding taking of depositions), Sec. 16 (Orders for the
protection of parties and deponents), Sec. 18 (Motion to terminate or limit examination), Sec. 21 (Notice of filing), Sec. 22 (Furnishing
copies), Sec. 27 (Notice of filing and furnishing copies) and Sec. 28 (Orders for the protection of parties and deponents)
NOTE4: The amendments in Sec. 4 (Use of depositions), Sec. 7 (Effect of taking depositions), Sec. 9 (Rebutting depositions), Sec. 15
(Deposition upon oral examination; notice; time and place), Sec. 17 (Record of examination; oath; objection), Sec. 19 (Submission to
witness; changes; signing), Sec. 20 (Certification and filing by officer), Sec. 23. (Failure to attend of party giving notice), Sec. 24
(Failure of party giving notice to serve subpoena), and Sec. 26 (Officers to take responses and prepare record) are merely gender-based.
 RULE 22
DEPOSITIONS PENDING ACTIONS – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 25. Deposition upon A party desiring to take the deposition of The amendment in Sec. 25 is that
A party desiring
❑

any person upon written interrogatories the period to serve cross-

written interrogatories; shall serve them upon every other party interrogatories, re-direct
service of notice and of to take the with a notice stating the name and interrogatories, and re-cross
interrogatories address of the person who is to answer interrogatories should be 10, 5
deposition of any them and the name or descriptive title and and 3 calendar days, respectively.
address of the officer before whom the
person upon deposition is to be taken. Within ten (10)
calendar days thereafter, a party so
written served may serve cross-interrogatories
upon the party proposing to take the
interrogatories deposition. Within five (5) calendar days
thereafter, the latter may serve re-direct
shall serve them interrogatories upon a party who has
served cross-interrogatories. Within three
upon every other (3) calendar days after being served with
re-direct interrogatories, a party may
party with a serve re-cross-interrogatories upon the
party proposing to take the deposition.
notice stating the
name and
address of the
person who is to
answer them and
the name or
descriptive title
and address of
the officer before
whom the
deposition is to
 RULE 22
DEPOSITIONS PENDING ACTIONS – cont.
SECTION ORIGINAL
PROVISION
Sec. 29. Effect of errors (a) As to notice. xxx xxx xxx
(b) As to disqualification of officer xxx
and irregularities in xxx xxx
depositions (c) As to competency or relevancy of
evidence xxx xxx xxx
(d) As to oral examination xxx xxx
xxx
(e) As to form of written
interrogatories. – Objections to the
form of written interrogatories
submitted under Sections 25 and 26 of
this Rule are waived unless served in
writing upon the party propounding
them within the time allowed for
serving succeeding cross or other
interrogatories and within three (3)
days after service of the last
interrogatories authorized.
(f) As to manner of preparation xxx
xxx xxx
AMENDED REMARKS
PROVISION
(a) As to notice. xxx xxx xxx ❑ The amendment in Sec. 29 is only
(b) As to disqualification of officer xxx for item (e) where the period to
xxx xxx submit objections to written
(c) As to competency or relevancy of interrogatories is within 3
evidence xxx xxx xxx calendar days after service of the
(d) As to oral examination xxx xxx xxx last interrogatories authorized
(e) As to form of written interrogatories.
– Objections to the form of written
interrogatories submitted under Sections
25 and 26 of this Rule are waived unless
served in writing upon the party
propounding them within the time
allowed for serving succeeding cross or
other interrogatories and within three (3)
calendar days after service of the last
interrogatories authorized.
(f) As to manner of preparation xxx xxx
xxx
 RULE 23
DEPOSITIONS PENDING ACTIONS

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 3. Notice and The petitioner shall serve a notice upon The amendment in Sec. 3 requires
The petitioner
❑

each person named in the petition as an that the court shall cause notice of
service expected adverse party, together with a the taking of the deposition
shall serve a copy of the petition, stating that the before action or pending appeal at

notice upon each time and place named therein, for the least
petitioner will apply to the court, at a 20 calendar days before the
date of the hearing for the same,

person named in order described in the petition. At least

twenty (20) calendar days before the
served on the parties and
prospective deponents.
date of the hearing, the court shall cause
the petition as an notice thereof to be served on the parties
and prospective deponents in the manner
expected provided for service of summons.

adverse party,
together with a
copy of the
petition, stating
that the petitioner
will apply to the
NOTE1: Rule on DEPOSITIONS BEFORE ACTION OR PENDING APPEAL should now be RE-NUMBERED as Rule
23 (not Rule 24). court, at a time
NOTE2: No amendment in Sec. 4 (Order and examination), Sec. 5 (Reference to court), and Sec. 6 (Use of deposition)
and
NOTE3: The amendments in Sec. place named
1 (Depositions before action; petition), Sec. 2 (Contents of petition), and Sec. 7 (Depositions
therein, for the
pending appeal) are merely gender-based.

order described
in the petition. At
least twenty (20)
 RULE 24
INTERROGATORIES TO PARTIES
SECTION
Sec. 1. Interrogatories to
parties; service thereof
NOTE1: Rule on INTERROGATORIES be
NOTE2: No amendment in Sec. 4 (Number of interrogatories), Sec. 5 (Scope and use of interrogatories), and Sec. 6 (Effect of
failure to serve written interrogatories)
ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Upon ex parte motion, any party The amendment in Sec.1 is that
Under the same
❑
desiring to elicit material and relevant the requirement for the filing and
facts from any adverse parties shall file serving of written interrogatories
conditions and serve upon the latter written can be upon ex parte motion.
interrogatories to be answered by the
specified in party served or, if the party served is a
section 1 of Rule public or private corporation or a
partnership or association, by any officer
thereof competent to testify in its behalf.
23 (Depositions
Pending Action),
any party
desiring to elicit
material and
relevant facts
from any adverse
parties shall file
and serve upon
the latter written
interrogatories to
answered by
TO PARTIES should now be RE-NUMBERED as Rule 24 (not Rule 25).
the party served
or, if the party
 RULE 24
INTERROGATORIES TO PARTIES – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 3. Objections to
Objections to any Objections to any interrogatories may be The amendment in Sec. 3 requires
❑

presented to the court within ten (10) that the period to present
interrogatories calendar days after service thereof, with objections to interrogatories
interrogatories notice as in case of a motion; and answers should be within 10 calendar days
shall be deferred until the objections are after service of the
may be resolved, which shall be at as early a time interrogatories.

presented to the as is practicable.

court within ten
(10) days after
service thereof,
with notice as in
case of a motion;
and answers
shall be deferred
until the
objections are
resolved, which
shall be at as
early a time as is
practicable.
 RULE 25
ADMISSION BY ADVERSE PARTY
SECTION ORIGINAL
PROVISION
Sec. 2. Implied Each of the matters of which an
admission is requested shall be
admission deemed admitted unless, within a
period designated in the request,
which shall not be less than fifteen
(15) days after service thereof, or
within such further time as the court
may allow on motion, the party to
whom the request is directed files and
serves upon the party requesting the
admission a sworn statement either
denying specifically the matters of
which an admission is requested or
setting forth in detail the reasons why
he cannot truthfully either admit or
deny those matters.
Objections to any request for
admission shall be submitted to the
court by the party requested within the
period for and prior to the filing of his
sworn statement as contemplated in
the preceding paragraph and his
compliance therewith shall be deferred
until such objections are resolved,
which resolution shall be made as
early as practicable.
NOTE1: Rule on ADMISSION BY ADVERSE PARTY should now be RE-NUMBERED as Rule 25 (not Rule 26).
NOTE2: No amendment in Sec. 1 (Request for admission), Sec. 4 (Withdrawal) and (Effect of failure to file and serve request for
admission)
NOTE3: The amendment in Sec. 3 (Effect of admission) is only gender-based.
AMENDED REMARKS
PROVISION
Each of the matters of which an ❑ The amendment in Sec. 2 requires
admission is requested shall be deemed that the period to file and serve a
admitted unless, within a period denial of matters for which an
designated in the request, which shall not admission is requested is 15
be less than fifteen (15) calendar days calendar days, otherwise, such
after service thereof, or within such matter is deemed admitted.
further time as the court may allow on ❑ Also, the amendments in said
motion, the party to whom the request is section is only gender-based.
directed files and serves upon the party
requesting the admission a sworn
statement either denying specifically the
matters of which an admission is
requested or setting forth in detail the
reasons why he or she cannot truthfully
either admit or deny those matters.
Objections to any request for admission
shall be submitted to the court by the
party requested within the period for and
prior to the filing of his or her sworn
statement as contemplated in the
preceding paragraph and his or her
compliance therewith shall be deferred
until such objections are resolved, which
resolution shall be made as early as
practicable.
 RULE 26
PRODUCTION OR INSPECTION OF DOCUMENTS OR
THINGS

NOTE1: Rule on PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS should now be RE-NUMBERED

as Rule 26 (not Rule 27).
NOTE2: The amendment in Sec. 1 (Motion for production or inspection; order) is merely gender-based.
 RULE 27
PHYSICAL AND MENTAL EXAMINATION OF PERSONS

NOTE1: Rule on PHYSICAL AND MENTAL EXAMINATION OF PERSONS should now be RE-NUMBERED as Rule
27 (not Rule 28).
NOTE2: The amendments in Sec. 1 (When examination may be ordered), Sec. 3 (Report of findings), and Sec. 4 (Waiver of
privilege) are merely gender-based.
NOTE3: No amendment in Sec. 2 (Order for examination)
 RULE 28
REFUSAL TO COMPLY WITH MODES OF DISCOVERY

NOTE1: Rule on REFUSAL TO COMPLY WITH MODES OF DISCOVERY should now be RE-NUMBERED as Rule 28
(not Rule 29).
NOTE2: No amendment in Sec. 1 (Refusal to answer), Sec. 2 (Contempt of court), and Sec. 6 (Expenses against the Republic of
the Philippines)
NOTE3: The amendments in Sec. 3 (Other consequences), Sec. 4 (Expenses on refusal to admit), and Sec. 5 (Failure of party to
attend or serve answers) are merely gender-based.
 RULE 29
TRIAL
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 1. Schedule of The parties shall strictly observe the
NO
scheduled hearings as agreed upon and set
trial forth in the pre-trial order.
ORIGINAL
PROVISION
(a) The schedule of the trial dates, for 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
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;
NOTE1: Rule on TRIAL should now be RE-NUMBERED as Rule 29 (not Rule 30).
NOTE2: The old Sec. 1 (Notice of Trial) has been replaced with a new Sec. 1 (Schedule of trial)
NOTE3: Sec. 3 (Requisites of motion to postpone trial for illness of party or counsel) and Sec. 7 (Statement of judge) of Rule 30
(Trial) were both DELETED.
NOTE4: The amendments in the new Sec. 3 (Requisites of motion to postpone trial for illness of party or counsel) and Sec. 5
(Order of trial) are only gender-based.
NOTE5: The amendment in Sec. 7 (Agreed statement of facts) is the re-numbering thereof. This used to be Sec. 6.
REMARKS
The amendment in Sec. 1 requires that
❑
parties should observe scheduled hearings
as agreed upon and set forth in the pre-
trial order
The schedule of the trial dates for the
❑
parties shall be continuous based on the
following periods:
➢ Initial presentation of plaintiff’s evidence
set not later than 30 calendar days after
the termination of the pre-trial conference
➢ Plaintiff, 30 calendar days after the pre-
trial conference, is allowed to present its
evidence within 3 months, or 90 calendar
days, which includes the date of the JDR,
if necessary
➢ Defendant, 30 calendar days after the
court’s ruling on plaintiff’s formal offer
of evidence, is allowed to present its
evidence within 3 months or 90 calendar
days
➢
 RULE 29
TRIAL – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 1. Schedule of trial (iii) The period for the presentation of
evidence on the third (fourth, etc.)-party
- cont. 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.
REMARKS
❑ If there is a third (fourth, etc.)-party
claim, counterclaim or cross-claim,
the period for presentation of
evidence will be determined by the
court, but the total of which shall
not exceed 90 calendar days
❑ The court shall set the presentation
of rebuttal evidence for the parties,
which shall be completed within a
period of 30 calendar days
❑
❑ The trial dates may be shortened
depending on the number of
witnesses, provided that the
presentation of evidence of all
parties shall be terminated within
10 months, or 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 6 months, or 180 calendar days
❑ The court shall decide and serve
copies of its decision to the parties
within 90 calendar days form
submission of the case for
resolution, with or without
memoranda
 RULE 29
TRIAL – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 2. Adjournments A court may adjourn a trial from A court may adjourn a trial from day to day, and
day to day, and to any stated time, to any stated time, as the expeditious and
and postponements as the expeditious and convenient convenient transaction of business may require,
transaction of business may require, but shall have no power to adjourn a trial for a
but shall have no power to adjourn a longer period than one month for each
trial for a longer period than one adjournment, nor more than three (3) months in
month for each adjournment, nor all, except when authorized in writing by the
more than three (3) months in all, Court Administrator, Supreme Court.
except when authorized in writing
by the Court Administrator,
Supreme 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.
Sec. 4. Hearing days Trial shall be held from Monday to Thursday,
NO ORIGINAL
and courts shall call the cases at exactly 8:30
and calendar call a.m. and 2:00 p.m., pursuant to
PROVISION Administrative Circular No. 3-99. Hearing on
motions shall be held on Fridays, pursuant to
Sec. 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.
Sec. 6. Oral offer of
NO ORIGINAL The offer of evidence, the comment or
objection thereto, and the court ruling shall
exhibits be made orally in accordance with Sections 35
PROVISION to 40 of Rule 132 (Rule on Presentation of
Evidence).
REMARKS
❑ The amendment in Sec. 2 pertains
to a new 2nd par. which provides
that the party who caused the
postponement must be warned
that the presentation of its
evidence must still be terminated
on the remaining dates previously
agreed upon.
❑
❑
❑
❑
This is a new section.The
❑
amendment requires that trial
should be from Monday to
Thursday. Also, courts shall call
cases at exactly 8:30 a.m. and
2:00 p.m.
❑ Hearings on motions shall be held
on Fridays
❑ Court calendars should be posted
outside the courtrooms at least
one day before the scheduled
hearings.
This is a new section.
❑
❑ The amendment requires that the
offer of evidence, the comment or
objection thereto, and the court
ruling shall all be made orally.
 RULE 29
TRIAL – cont.
SECTION ORIGINAL
PROVISION
Sec. 8. Suspension of
The suspension
actions
of actions shall
be governed by
the provisions of
the Civil Code.
Sec. 9. Judge to receive The judge of the court where the case
is pending shall personally receive the
evidence; delegation to evidence to be adduced by the parties.
clerk of court However, in default or ex parte
hearings, and in any case where the
parties agree in writing, the court may
delegate the reception of evidence to
its clerk of court who is a member of
the bar. The clerk of court shall have
no power to rule on objections to any
question or to the admission of
exhibits, which objections shall be
resolved by the court upon submission
of his report and the transcripts within
ten (10) days from termination of the
hearing.
AMENDED
PROVISION
The suspension of actions shall be
governed by the provisions of the Civil
Code and other laws.
The judge of the court where the case is
pending shall personally receive the
evidence to be adduced by the parties.
However, in default or ex parte hearings,
and in any case where the parties agree in
writing, the court may delegate the
reception of evidence to its clerk of court
who is a member of the bar. The clerk of
court shall have no power to rule on
objections to any question or to the
admission of exhibits, which objections
shall be resolved by the court upon
submission of his or her report and the
transcripts within ten (10) calendar days
from termination of the hearing.
REMARKS
The amendment in Sec. 8
❑
provides that suspension of
actions shall be governed, not
only by the Civil Code, but also
by other laws.
❑ The amendment in Sec. 9 is,
among others, only gender-based.
❑ Also, it provides that objections
to any question or to the
admissions of exhibits during
reception of evidence before the
clerk of court shall be resolved by
the court within 10 calendar days
from submission of the clerk of
court’s report.
 RULE 31
TRIAL BY COMMISSIONER

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 5. Proceedings before Upon receipt of the order of reference The amendment in Sec. 5 requires
Upon receipt of
❑

commissioner (and) unless otherwise provided therein, that the commissioner should set a
the commissioner shall forthwith set a time time and place for the first meeting
the order of and place for the first meeting of the of the parties or counsel before
parties or their counsel to be held within him/her within 10 calendar days
reference and ten (10) calendar days after the date of the after the date of the order of
order of reference and shall notify the reference.
unless otherwise parties or their counsel.
provided therein,
the commissioner
shall forthwith set
a time and place
for the first
meeting of the
parties or their
counsel to be
held within ten
NOTE1: No amendment in Rule (10) days afterOR SEVERANCE which should now be RE-NUMBERED as Rule 30 (not
on CONSOLIDATION
Rule 31).
NOTE2: No amendment in Sec. the datebyof
1 (Reference theSec. 2 (Reference ordered on motion), Sec. 12 (Stipulations as to findings), and
consent),
Sec. 13 (Compensation of commissioner)
order
NOTE3: The amendments in Sec. 3 (Orderof reference
of reference; powers of the commissioner), Sec. 4. (Oath of commissioner), Sec. 6 (Failure of
and shall notify
parties to appear before commissioner), Sec. 7 (Refusal of witness), Sec. 8 (Commissioner shall avoid delays), and Sec. 9 (Report of
commissioner) are merely gender-based.
the parties or their
 RULE 31
TRIAL BY COMMISSIONER – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 11. Hearing Upon the expiration of the period of ten The amendment in Sec. 11
Upon the
❑

calendar (10) days referred to in the requires that the report should be
upon report preceding section, the report shall be set for set for hearing within 10 calendar
expiration of the hearing, after which the court shall issue an days from submission of an
order adopting, modifying, or rejecting the objection thereto.
period of ten (10) report in whole or in part, or recommitting

days referred to in with instructions, or requiring the parties to

present further evidence before the
commissioner of the court.
the preceding
section, the report
shall be set for
hearing, after
which the court
shall issue an
order adopting,
modifying, or
rejecting the report
in whole or in part,
or recommitting
with instructions,
or requiring the
parties to present
further evidence
 RULE 32
DEMURRER TO EVIDENCE

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 2. Action on A demurrer to evidence shall be subject This is a new section. The
NO ORIGINAL
❑

to the provisions of Rule 15 (Motions). amendment requires that a

demurrer to evidence
PROVISION
The order denying the demurrer to
evidence shall not be subject of an
appeal or petition for certiorari,
prohibition or mandamus before
judgment.
demurrer to evidence is subject to
Rule 15 on Motions.
❑ Also, an order denying the
demurrer to evidence is not
subject to appeal or petition for
certiorari, prohibition or
mandamus before judgment.

NOTE1: Rule on DEMURRER TO EVIDENCE should now be RE-NUMBERED as Rule 32 (not Rule 33).
NOTE2: The amendments in Sec. 1 (Demurrer to evidence) are merely gender-based.
 RULE 33
JUDGMENT ON THE PLEADINGS

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 2. Action on motion The court may motu proprio or on This is a new section.The
NO ORIGINAL
❑

motion render judgment on the amendment provides that the

for judgment on the pleadings if it is apparent that the court may motu proprio or on
pleadings PROVISION answer fails to tender an issue, or motion render judgment on the
otherwise admits the material pleadings if it is apparent that the
allegations of the adverse party’s answer fails to tender an issue or
pleadings. Otherwise, the motion shall otherwise admits the material
be subject to the provisions of Rule 15 allegations of the adverse party’s
of these Rules. pleadings.
❑ If the above grounds are not
present, the motion is subject to
Rule 15 on Motions.
❑ Also, any action on a motion for
judgment on the pleadings is not
subject to appeal or petition for
Any action of the court on a motion for
certiorari, prohibition or
judgment on the pleadgins shall not be
mandamus.
subject of an appeal or petition for
certiorari, prohibition or mandamus.

NOTE1: Rule on JUDGMENT ON THE PLEADINGS should now be RE-NUMBERED as Rule 33 (not Rule 34).
NOTE2: No amendment in Sec. 1 (Judgment on the pleadings)
 RULE 34
SUMMARY JUDGMENTS

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 3. Motion and
The motion shall The motion shall cite the supporting The amendment in Sec. 3
❑

proceedings thereon affidavits, depositions or admissions, requires that the motion for
be served at and the specific law relied upon. The
adverse party may file a comment
summary judgment should cite
the supporting affidavits,
least ten (10) and serve opposing affidavits,
depositions or admissions within a
depositions or admissions,
the specific law relied upon
and

days before the non-extendible period of five (5) Also, the adverse party may file
❑

calendar days from receipt of the a comment thereto within a non-

time specified motion. Unless the court orders the extendible period of 5 calendar
for the hearing. shall be rendered forthwith if the days
conduct of a hearing, judgment sought from receipt of the motion
Judgment may be rendered on
❑

The adverse pleadings, supporting affidavits,

depositions and admissions on file,
the motion, unless the court
requires a hearing
party may serve show that, except as to the amount of
damages, there is no genuine issue as to
opposing any material fact and that the moving
party is entitled to judgment as a matter
affidavits, of law.

depositions, or Any action of the court on a motion

admissions at for summary judgment shall not be
In addition, any action on a
❑
subject of an appeal or petition for
least three (3) certiorari, prohibition or mandamus. motion for summary judgment is
not subject to appeal or petition
days before the for certiorari, prohibition or
mandamus.
hearing. After
the hearing, the
NOTE1: Rule on SUMMARY JUDGMENTS should now be RE-NUMBERED as Rule 34 (not Rule 35).
NOTE2: No amendment in Sec. 5 (Form of affidavits and supporting papers)
NOTE3: The amendments injudgment sought
Sec. 1 (Summary judgment for claimant), Sec. 2 (Summary judgment for defending party) and Sec. 6
(Affidavits in bad faith)
shall be
 RULE 34
SUMMARY JUDGMENTS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 4. Case not fully
If on motion under If on motion under this Rule, The amendment in Sec. 4
❑

adjudicated on motion judgment is not rendered upon the allows the court to
this Rule, judgment is sought and a trial is necessary, the ascertain
whole case or for all the reliefs
facts
what material
exist without
not rendered upon the pleadings and the evidence before it including the extent to
court may, by examining the substantial controversy,

whole case or for all and by interrogating counsel, which the amount of
ascertain what material facts exist damages or other relief
the reliefs sought and without substantial controversy, that is not in
including the extent to which the controversy.
a trial is necessary, amount of damages or other relief is Also, the court need not
❑

the court at the not in controversy, and directing

such further proceedings in the
ascertain what facts are
actually and in good faith
hearing of the motion, ascertained shall be deemed controverted.
action as are just. The facts so
Further,
❑ the facts
by examining the established, and the trial shall be
conducted on the controverted facts
ascertained as without
controversy are deemed
pleadings and the accordingly. established

evidence before it and

by interrogating
counsel shall
ascertain what
material facts exist
without substantial
controversy and what
are actually and in
good faith
 RULE 143
EFFECTIVENESS

SECTION ORIGINAL AMENDED PROVISION REMARKS

PROVISION
NONE These rules These rules shall take effect on January 1, 1964. They shall The amendments in Rule 144 (should
❑

govern all cases brought after they take effect, and also all be Rule 143) include, among others,
further proceedings in cases then pending, except to the extent the effectivity of the 2019 Proposed
shall take that in the opinion of the court their application would not be Amendments to the Rules of Civil
feasible or would work injustice, in which event the former Procedure which shall be on May 1,
effect on procedure shall apply. 2020.
Also, if the amendments are not
January 1,
❑

feasible or would work injustice to

The 2019 Proposed Amendments to the 1997 Rules of Civil certain proceedings, then the
1964. They Procedure shall govern all cases filed after their effectivity
on May 1, 2020, and also all pending proceedings, except to
procedure under which the cases were
filed shall govern.
shall govern the extent that in the opinion of the court, their application
would not be feasible or would work injustice, in which
all cases case the procedure under which the cases were filed shall
govern.
brought after
they take The application and adherence to the said amendments
shall be subject to periodic monitoring by the Sub-
effect, and Further, the Sub-Committee will
❑
Committee, through the Office of the Court Administrator
(OCA). For this purpose, all courts covered by the said periodically monitor the application
also all amendments shall accomplish and submit a periodic
of data in a form to be generated and distributed by the
report and adherence
amendments, through
to
the
the
OCA.
said

further A periodic report of data in a form to

❑
OCA.
be generated and distributed by the
proceedings All rules, resolutions, regulations or circulars of the OCA will be required.
Other issuances of the SC
❑

in cases Supreme Court or parts thereof that are inconsistent with

any provision of the said amendments are hereby deemed
inconsistent with any provision of the
proposed amendments are deemed
repealed or modified accordingly.
then repealed or modified accordingly.

pending,
NOTE: Rule on EFFECTIVENESS, if none of the subsequent Rules are deleted or no new one added, should now be RE-NUMBERED as Rule
143 (not Rule 144).
except to
the extent