Professional Documents
Culture Documents
Before, only a
concise statement of the ultimate facts constituting the cause of action and the
reliefs sought were required.
Similar to the complaint, the answer must now include the evidence of the
defendant.
Judicial affidavits are now required in lieu of affidavits, which shall constitute the
direct testimonies of the witnesses.
The defendant now has thirty (30) calendar days from the service of summons to file
his or her answer to the complaint. Before, the defendant only had fifteen (15) days
from the service of summons to file his or her answer.
The answer to the counterclaims or cross-claims shall now be filed and served
within fifteen (15) calendar days from the service of the answer in which they are
pleaded. Before, the period to file and serve the answer was only ten (10) days.
A motion to dismiss can now be filed based on the following grounds:
1. the court has no jurisdiction over the subject matter;
2. there is another action pending between the same parties for the same
cause; or
3. the cause of action is barred by a prior judgment or by the statute of
limitations.
A reply can now be filed when an actionable document is attached to the answer.
A motion for postponement can now be filed if it is based on acts of God, force
majeure, or physical inability of the witness to appear and testify.
The Revised Rules now allows for substituted services of summons, orders, and
other court processes. Thus, if, for justifiable causes, the defendant cannot be
served personally after at least three (3) attempts on two (2) different dates, service
may be effected by:
1. 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;
2. leaving copies of the summons at the defendant's office or regular place of
business with some competent person in charge thereof;
3. 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;
or
4. sending an electronic mail to the defendant's electronic mail address, if
allowed by the court.
Service of summons to a foreign private juridical entity that is not registered in the
Philippines, or has no resident agent but has transacted or is doing business in the
Philippines may, with leave of court, be effected outside of the Philippines by
electronic means with the prescribed proof of service.
Extraterritorial service of summons, as provided for in international conventions to
which the Philippines is a party, is now allowed.
For depositions, the court may allow a deponent to give his or her deposition
through electronic means, such as teleconferencing or videoconferencing.
Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) now take
place after the termination of the pre-trial.
Where the case is submitted for decision immediately after pre-trial, the court shall
now render judgment within sixty (60) calendar days after pre-trial. Before, the court
only had forty-five (45) days to render such judgment.
Where the parties are required to submit position papers, the court shall now
render judgment within sixty (60) calendar days from receipt of the last position
paper or upon the expiration of the period to file the same. Before, the court only
had forty-five (45) days to render such judgment.
Where a clarification hearing is conducted, the court shall now render judgment
within sixty (60) calendar days from the termination of the last clarification hearing.
Before, the court only had forty-five (45) days to render such judgment.
The following are now prohibited motions in criminal cases: