2019 Amendments to the Revised Rules of Civil Procedure and

Revised Rules of Evidence

Author Atty. Enrico Errol D. Angeles   Date April 28, 2020

On October 8 and 15, 2019, the Philippine Supreme Court

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

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