2019 Amendments to 1997 Rules of Civil Procedure1

(An Online Lecture of Prof. Tranquil Salvador III)

Pleadings
- Under the old Rule, only ultimate facts and devoid of any evidentiary matter must be
alleged. But under the new 2020 amendment, Rule 8 Sec. 1, now includes “evidence”.
What does it mean? That means all of our allegations will have to be supported by evidence;
summary of the testimonies of the witnesses; and judicial affidavit. But in Rule 18, there
is a reservation of evidence during pre-trial. This is why the filing of answer is now longer
than the old rule, which is now 30 days.

Reply

- Under the amendatory rules, a reply is generally a prohibited pleading except when the
defendant attaches an actionable document to his/her answer. What if it was the plaintiff
who attaches an actionable document in his/her reply? Then the defendant can file a
rejoinder.
Affirmative Defenses
- (Insertion) Third Party Complaint. Leave of court is required. In the old Rule, there was
no parameter to the judge’s discretion. But now there are parameters, these are (1) the
third-party complaint will not be allowed if it covers extraneous matters; (2) if the court
cannot acquire jurisdiction over the third-party defendant within a period of 30 days
because for the third party complaint to prosper/proceed the court has to acquire
jurisdiction of the person of he third-party defendant; (3) the court will deny the third party
complaint if introduces new matters to the pending case, remedy is to file a separate action.
-
- (Affirmative Defenses Proper) Motion to Dismiss. A motion to dismiss is generally a
prohibited pleading. A party can only file a motion to dismiss under Rule 15, Sec. 12.
Grounds other than those stated in the said provision are transferred or transposed to
affirmative defenses alleged in the answer. Reason: the policy of the Court is to have the
issues joined because without an answer and there is a motion to dismiss, like floating
around to be resolved, MR, petition for certiorari, there will be delay in the proceeding
because the court cannot even proceed to pre-trial. The motion to dismiss can be filed for
a period of 30 days and the filing of which interrupts the period. What if a party files a
motion to dismiss on the last day of filing? Apply Rule 22. Therefore, a party only has one
remaining day to file. So, it is prudent to file the motion as early as possible so that a party
can still have a period to prepare an answer in the event the motion to dismiss is denied.

- Affirmative defenses are found in Rule 6, Sec. 5 (b). Take note also of Sec. 12, Rule 8.
The affirmative defenses in Rule 8, Sec. 12 are stated therein because there is now a

1
Transcribed by Don Maloy
 summary hearing which may be called by the court. So, what about the summary hearing?
The court will conduct summary hearing only in those grounds enumerated in Sec. 5 (b) of
Rule 6. But take note, filing of a summary hearing is a prohibited pleading pursuant to
Rule 15, Sec. 12 because a court has duty to conduct a summary hearing within 15 days
from filing of an answer. Now from the time of the termination of summary hearing, the
judge will have to resolve it within a period of 30 days. Grounds such as failure to state a
cause of action, lack of jurisdiction over the person of the defendant, improper venue, lack
of legal capacity, the pleading asserting a claim states no cause of action and non-
compliance of condition precedent – there is no summary hearing because a mere reading
of a complaint the judge can determine whether these grounds exist. What if the affirmative
defense is denied? MR and Petition for Certiorari are no longer allowed.
Signature
- Take note that the signature of the counsel constitutes a certificate that he has read the
pleading and based on knowledge, information and belief and after inquiry reasonable
under the circumstances. Under the old Rule, only knowledge, information and belief, and
there is good ground to support it are required. The counsel only thinks that s/he believes
that there is a good ground to support it; that s/he believes the ground. So, a lot of these
would depend on the disclosure of your client. But under the present Rule, there is a clear
duty on the part of the lawyer to conduct an inquiry reasonable under the circumstances.
So, a counsel would be more inquisitive. And what is the content of this certificate? That
it is not for improper purpose, to harass, to cause unnecessary delay or to needlessly
increase the cost of litigation; that claims, defenses or allegations are warranted by law and
jurisprudence. This means that when a lawyer signs a pleading there is indeed a legal basis
to support it in law and jurisprudence. Also, that the pleading is not making frivolous
allegations. There is a consequence to this under the Rules. There is now a joint and
several liability. A mistake of a partner or associate will affect the law firm. So, the Firm
will now police the ranks of junior partners or associates.
Verification
- Take note, a verification is a verification of a client. The client will verify that the
contentions therein have evidentiary support. Read Rule 7, Sec. 4.
Amendments
- There are two changes in amendments. The first one, amendment by leave of court. That
is on Section 3 of Rule 10. What is new? In the original provision it says, for as long as it
will not cause delay. In the new provision, it says it will not delay or the amendment will
not confer jurisdiction on the court. Because if at the outset there is no jurisdiction, the
court cannot hear, try and decide a case, it is only the law that confers jurisdiction. A party
also cannot amend to include a cause of action when in the first place the complaint has no
cause of action. The second change is amendment to conform with the evidence. It is no
longer allowed. In the old Rules, what a party alleges is what s/he needs to prove. If in the
course of trial, a party proves something which is different from what is alleged, the court
 will allow a party to amend the pleading to conform with the evidence. In the present
Rules, amendment to conform with the evidence is no longer necessary, therefore, if a party
proves something which is different from what is alleged in his/her then the court will
render judgment based on what has been proved.
Manner of Filing
- In the old Rules, the manner of filing are personal filing or filing by registered mail. There
is no filing by ordinary mail. It is in the service, and it is still there. In the new Rules, there
is now filing by accredited courier and the date of mailing is the date of filing. It is
patterned to registered mail. The next one is electronic means for as long as the court is
electronically equipped. The date of filing is the date of transmission.

- Proof of filing with regard to accredited courier, (1) by the affidavit of the person mailing;
(2) Official Receipt; (3) Tracking Number. With regard to electronic mailing, (1) affidavit;
(2) Pleading or document transmitted.
Modes of Service
- Service of a party to a party. It is also possible that the court serves as when the court
serves judgment or a resolution, or, a party serves to the court such as in a petition or appeal.
In the old Rules which was carried over to the new Rules, personal, by mail – registered
mail or ordinary mail, accredited courier, electronic mail, facsimile. There is an added one,
as provided for under international convention to which the Philippines is a party. This is
more tuned to the Apostille Convention. Proof of filing is the same with the Filing. Always
remember service via electronic means must be with consent of the party served. Also, the
counsel must inform the court of change of his address within a period of five days from
such change otherwise, s/he may be disciplined.

- Presumptive Service. Sec. 10 of Rule 13 was taken from the idea of the litigation practice
in Quezon City. If the court as appearing on the record issues a notice of setting, the court
does not need to show that the counsel receives it because there is a presumptive notice if
it has been mailed for at least 20 calendar days to counsel within the judicial region or 30
days outside of the judicial region prior to the scheduled date of hearing. As a lawyer, you
need to be prudent in checking your case.

- Service of judgment or final order, via personal service or by registered mail. Added
provision, if a party wants to avail of accredited courier, he could apply for ex parte motion
for the service of the order or judgment by an accredited express courier. But the party has
to shoulder the expenses.

- Conventional service or filing of orders, pleadings and other documents, means that there
are other documents which should be served conventionally unless permitted by the court
to be served electronically. In other words, there are pleadings should be filed or served in
 a conventional way such as personal, by mail, as in initiatory pleading like a complaint,
responsive pleading like answer, protective orders, writ of attachment, writ of execution,
writ of preliminary injunction, subpoena, or those which because of it is voluminous or
cannot be scanned or those documents are sealed or confidential, must be coursed through
conventional filing.
Summons
- The policy of the Rules is to expedite the proceeding. The sheriff, deputy sheriff, process
server, but there is an added provision, the plaintiff can be authorized to serve together with
the sheriff if there is failure of service of summons. What if the party who will be served
with summons resides in Mindanao and the case is pending in Manila? In the old Rules,
the sheriff may obtain authority from the court and the party shall shoulder the expenses
with all accounting. But in the present Rules, the plaintiff can now be authorized to cause
the service of summons. There could be window for misrepresentation, and the provision
covers it. If there’s misrepresentation, the plaintiff’s case will be dismissed with
prejudiced, all the proceedings so far thus conducted will be declared null and void, and
the plaintiff could be meted with sanctions.

- Issuance of summons, it is the duty of the clerk of court to issue summons within 5 days
from the filing of the complaint and payment of the fees.

- Summons is returned unserved on any or all of the defendants, the court can order the
plaintiff to serve summons based on the provisions of the law. These are the instances, (1)
failure to serve summons, the plaintiff could be authorized to serve with the sheriff; (2)
when the defendant is outside of the judicial region; (3) the court shall order the plaintiff if
there is/are from the multiple defendants that has not been served with summons. Failure
of the plaintiff to serve summons, the case will be dismissed with prejudice. That is Rule
14, Sec. 3.

- Validity of Summons, under the old Rules, summons will be served once, if unsuccessful
the sheriff will make a return then the summons will be returned. Then there’ll be alias of
summons, if unsuccessful the sheriff will now again make a return and the summons will
be returned, so on and so forth. Under the present Rules, it has been overhauled. Once the
summons is issued by the clerk within 5 days from filing and payment of docket fees, the
summons will be effective until it is served or until it is recalled by the court. The only
instance today, under the present Rule, for the issuance of alias summons is when summons
has been lost or destroyed. Alias of summons is now allowed only if the summons has
been lost or destroyed.

- Tender of Summons, it should be served within the view or presence of the defendant.

- Substituted Service of Summons, under the old Rules, substituted service is only for
individual. Under the present Rules, substituted service is allowed for both individual and
 juridical persons. For individual service, if the defendant refused, the sheriff would have
to tender it. Read Sec. 6, Rule 14 which was lifted from the Manotoc vs CA case. Read
Rule 14.

Motions
- There is no longer notice of hearing even in litigious or non-litigious motions. It is a non-
litigious motion if it will not prejudice the rights of the adverse party such as motion for
postponement, motion for extension, motion for issuance of alias writ of summons, motion
for issuance of writ of execution as a matter of right, motion for issuance for writ of
possession. There is no comment. The only motion that is subject for opposition or
comment is the litigious motion such as motion for bill of particulars, judgment on the
pleadings, summary judgment, motion for intervention, motion for new trial, motion for
discretionary execution. The adverse party is given 5 days to submit opposition and the
court will have to resolve it within 15 days from such submission.

Pre-Trial

- Issuance of pre-trial notice within 5 days from the filing of last pleading but should not be
later than 60 calendar days. Under the old Rules, the plaintiff has to file an ex parte motion
to set the case for pre-trial. Under the present Rules, the court has to issue pre-trial notice
within 5 days from the filing of last pleading. The policy of the Rules in pre-trial is to
bring all the pieces of evidence in pre-trial, mark it, examine, compare, manifest, if the
party or counsel is absent it would be waiver of objections, or if the party or counsel failed
to bring the said pieces of evidence in pre-trial, they cannot present it anymore.

- Presentation of evidence and waiver, this is already covered in judicial affidavit rule.
Depositions Pending Action and Interrogatories to Parties
- The only change is on how to initiate. Under the old Rule, after the court acquires
jurisdiction but before answer, file a motion with leave of court. After an answer, a party
has to file a notice. Under the new Rule, a party can now file deposition pending action or
interrogatories to parties upon ex parte motion.
Trial
- 90 days for presentation of evidence for the plaintiff and defendant, and postponement is
deducted from this period.
- Courts also have the period of 90 days to render judgment
- Oral offer of exhibits, this is taken from the judicial affidavit rule.
 Demurrer to Evidence
- If it is denied, a movant cannot file a petition for certiorari, prohibition or mandamus or
even an appeal until the case is terminated. Otherwise, the case would drag for too long.
The wise thing to do is to proceed to present evidence.
Actions on motions judgment on the pleadings or summary judgment
- Said actions of the court cannot be subject of an appeal, certiorari or prohibition. This must
be read in relation to Rule 18 on pre-trial because judges now are authorized to render
judgment on the pleading.