NOTES:

- Stopped Tranquil CivPro lecture at 42:05 timestamp

-

JUSTICE SINGH – EVIDENCE LECTURE

 Overview of amendments
o 3 major type of amendments:
 Substantive amendment brought about by:
 Technological advances
 Developments in law and jurisprudence
 International convention
 New/deleted/renumbered provisions
 Gender inclusivity
 Rule 128
o Section 3 (Admissibility)
 Excluded under the Constitution
 Even without adding but the amendment just makes it
express and clearer
 Rules on excluded evidence (from unlawful searches and
seizures; unlawful arrests)
 Relevant and not excluded (competence)
 Admissibility of evidence (Rule 128) not the same as weight of
evidence (Rule 133)
 Cases:
o
 Rule 129
o Section 1 (Judicial Notice)
 You dispense with proof
 Of the National Government
 Not local government units
o Section 3 (Judicial Notice with hearing)
 Must set a hearing for it
 Pre-trial
 Court may do this motu proprio or by motion
 Both parties must be heard on the matter
 Available even on appeal
o Section 4 (Judicial Admissions)
 You dispense with proof
 Oral instead of verbal
 Verbal means use of words, which can be done orally or in
writing; the change only clarified it
 Stylistic change of the last line
 Case:

 Rule 130 (longest rule)
OBJECT (REAL) EVIDENCE
o Section 1
 Physical evidence ranks higher (than testimonial) because:
 Neutral or impartial
 Mute or unspeaking
 Does not favor any party
DOCUMENTARY EVIDENCE
o Section 2
 Very substantive revision
 Shifting our old/traditional understanding of documentary
evidence as paper evidence (writing, images or symbols)
o Expanded the definition
 We are including even sounds and motion pictures
 This is now consistent with our Rules on Electronic Evidence
o Rule 3, Sec. 1, REE
o Writing or document – electronic document (is a
documentary evidence)
 International trend of recognizing different types (US Federal
Rules)
 Cases:

o Best Evidence Rule – Original Document Rule
 “BER” is misnomer (evidence – object, document, testimonial)
 But BER should be used
 Confuses also with parol evidence
 Only applicable when the contents of the document
 If existence, ODR will not apply
 Same exceptions but added one:
 First – same
 Second – added the last phrase to recognize SC decisions
where documents in foreign jurisdictions which we could not
secure by compulsory process
 Third – same
 Fourth – same
 Fifth – new
o When the original is not closely-related to controlling
 Collateral matters are inadmissible BUT if it
tends to --- (Section 4, Rule 128)
o It can admit secondary evidence
o Cases:

o Section 4 (what is an original of a document) – 3 types of originals are???
An original:
o Not the very first memorial or copy
 o It’s the copy that you have based your claim on

 Original
 Traditional meaning of original
 Or any counterpart…
 Or any print thereform… (outputs)
o Incorporates on Rules on Electornic Evidence
o
 Duplicate
 REE
 Duplicate (deemed as a counterpart) = Original
 REE
o Section 5 – Secondary evidence
 Hierarchy of what you can produce:
 Copy
 Contains a recital of contents; then
 Testimony
o Section 7 – summaries
 Voluminous records
 New part:
 Suggestion of the type of evidence you can produce: charts,
graphs, summaries, calculations
o PAROL EVIDENCE RULE
 Verified pleading – adds some form of reliability on allowing the
exceptions to take place
o TESTIMONIAL EVIDENCE
 QUALIFICATION OF WITNESSES
 Section 21 is deleted
o To make our rules consistent with jurisprudence; does
not automatically affect the credence of a person who
is mentally incapacitated
o To make it also consistent with Child Witness Rule
 Old Section 36 is now Section 22 – transposed
o to clarify qualification of withess:
 can perceive and make know the perception
 and only within personal knowledge
 old: hearsay
 new: lack of firsthand knowledge
o new objection: “LACK OF
FIRSTHAND KNOWELDGE!”
 Independently relevant statement
 Fact that the statement was made
 Not to the truth of the statement
 ???
 Cases:
  Espinell
 DISQUALIFICATION OF WITNESSES
 Section 23
o EXC: when there is no longer any identity of interest
or community (arson on sister-in-law)
 Section 24
o Marital
o Atty-client
 Reasonable belief of the misled client of fake
atty
 Other members of a law firm (paralegals,
docket, messengers)
 Absolute privileged (cannot be sued for libel,
damages for any statement, documents, etc.
as long as it is RELEVANT TO THE CASE)
 Exception
 Furtherance of crime of fraud
o Cannot be used as a shield
 Claimants through a deceased client
o GR: atty privilege extends until
death
o EXC: this provision
o Succession cases
o No more privilege if it will prevent
the lawyer from exposing the true
intent of the decedent
 Breach of duty
o Self-defense exception
o Lawyer vs. client case (fees or
malpractice)
 Document attested by the lawyer
o Not as a lawyer
o Lawyer acting as an attesting
witness
o Not technically an exception;
common sense
 Joint clients
o Unity of purpose
o Any communication is with
intention to help both client (ex.
Bev Chua and Faye Perez)
o Physician, psychotherapist, medicine practice
 Reasonable belief
 Civil cases
 No more blackening of reputation of patient
  Psychotherapist
o Priest
 Not just penitent
 Biased to catholic tradition
 Minister,… (spiritual adviser)
 Reasonable belief
 Confession and any communication
o Public officers
 Tenure
 New: safeguard
 JOURNALIST-SOURCE PRIVILEGE
 OTHER PRIVILEGED MATTERS
 Section 25
o Something we can waive
o EXC:
o Step does not fall under the rule
 Section 26: Trade Secrets
o Air Phil v. Pennswell
o Balancing act: public interest v. owner’s interest
 ADMISSIONS AND CONFESSIONS
 Section 28:
o “Neither is evidence of conduct or statements made in
compromise negotiations…”
 Refers to ADR
 CAM
 JDR
 Confidentiality is a strict rule
o “Neither is any statement re: plea bargaining”
 Confidentiality is also a strict rule since PB is a
form of a compromise
 Section 30:
o Stylist change only
 Section 31:
o In furtherance of
 Because we want it to be very objective
(directly related)
 Not only related to tangentially (it has to be
more direct)
 Section 31:
o For clarity and stylistic changes
 Previous Conduct as Evidence
 Section 37: Hearsay (new hearsay provision)
o Counterpart of lack of firsthand knowledge
o NEW HEARSAY:
  Any statement made by a declarant made
outside a court (trial or hearing)
 As a witness, everything I say outside this case
or litigation is hearsay
 Statement: oral or written or non-verbal
conduct intended to be an assertion (nodding,
shaking)
o A “statement” is not hearsay
 Declarant testifies
 AND IS SUBJECT TO CROSS-EXAMINATION
(GSA said this is unclear) ???
 Cross-examination subject of three
things only:
o (a) prior inconsistent statement to
impeach witness-declarant
 Not consistent -- We don’t
need repetitive and
corroborative (no added
value)
o (b) prior consistent to rebut
 Ex. I don’t owe you
anything anymore, I
already paid you
 Adversary will present
prior consistent to rebut
the statement of falsehood
???
o (c) identifying to the police of a
person who committed a crime
(you were in the crime of the
scene) v. identification made
during trial 3 years later (the prior
out of court identification may be
admissible since it is more
consistent)
o New hearsay rule:
 GR: hearsay (out of court statement made by a
witness-declarant/at-trial witness not made
during trial or hearing) is inadmissible
 EXC: Admissible if:

 Subject of cross examination
 Statement is any of the three (a), (b) or
(c)
 Exceptions to hearsay rule (underlying principle of
exceptions to hearsay is reliability or trustworthiness;
badge of credence of this declaration)
 Deadman’s statute
 Decedent or person of unsound mind
o Stylistic changes for clarity and guidance
o Last phrase: reliability or trustworthiness; badge of
credence of this declaration
 Declaration again interest
o Last phrase: already in jurisprudence
 Declaration against interest v. admission
against interest
 Act or declaration about pedigree
o Adoption is now recognized
o Intimately associated to the family; long time
househelp or those who took care of the individuals
(most of cases about pedigree is on this issue)
 Family reputation or tradition regarding pedigree
 Common reputation
o important change:
 before: 30 year threshold (antiquity)
 now: “important to the community” (history with
the consensus of the community; not just mere
passage of time)
 reliability
 Part of the res gestae
o Important element in jurisprudence: under the stress
of excitement caused by the occurrence
 Records of regularly conducted business activity
o Usually used by financial institutions, corporations
o Important change:
 The one who made the entries had personal
knowledge and kept in the regular course or
conduct of business
 Testimony of the custodian or qualified witness
o Removed the old requirement that the
entrant/declarant is already dead or unable to testify
 Section 46
o Classic example: traffic accident investigation report
 Lack of firsthand knowledge of the
investigating officer of the accident
 But has independently relevant statements on
from the witnesses of the accident
 Section 49
 o Change/added passage: the SC added because this
has been a cause of great delay; phrase “unable to
testify” is vague and cannot be construed properly by
the court
 Section 50
o Catch-all exception to the hearsay
o For future exceptions which have not been thought of
yet so far
o Last phrase (“However”/ conditions): just a guarantee
of due process
o In the US there are 27 exceptions, in the PH there are
11
 Opinion Rule
 Section 51: no changes
o GR:
o EXCs:
 Section 52: Opinion of an expert witness
 No changes except the addition of
“education”
 Two part process:
o Qualification stage: qualify your
expert first and the court must
accept him as an expert
 Expert in the field of _____
(we need to be very
specific)
 Reasonable measure of
reliability; broad latitude
given to the judge
o Examination proper
 Section 53: Opinion of ordinary witness
 (d) impression on B/E/C/A should not be
an opinion; it should be considered as
firsthand knowledge
 Character evidence
o GR: inadmissible
 Because we do not want to deflect the focus
from the real issue of the case
o EXC: admissible
 Criminal
 Accused
o Good moral trait pertinent to
charge (estafa – accused is a
church leader : admissible)
 o If he does that, the prosecution
can present bad moral character
o The accused opens the gate
 Offended party
o Can present character to
establish the probability of the
charge
 Civil
 Only if moral character is pertinent to
the issue (recklessness or imprudent)
 Character of a witness
 Rule 132, Section 12 (impeachment of
witness)
 Impeach witness (prior conviction) then
good character can be presented to
avoid impeachment
 RULE 131: BURDEN OF PROOF AND BURDEN OF EVIDENCE
 Section 1:
o Burden of proof:
 Never shifts – plaintiff, prosecution,
o Burden of evidence (NEW):
 May shift from one party to the other
o Burden of proof (the entirety of the case; ex. an entire
criminal case) v. burden of evidence (the burden of
proving a fact/issue; tidbits as part of the case; ex.
each element of a crime)
 Section 4:
o Presumption of legitimacy
 Section 5: new presumption
o More of directives/instruction on the other party rather
than presumption (bursting the bubble of the
presumption)
o Shifting in the burden of evidence
o Ex. civil case – presumption operating in my favor
(regular transactions; diligence in protecting rights in
private transactions)
o Second paragraph is a directive for the judges to
weigh the conflicting presumptions
 Section 6: new presumption
o Constitutional guarantee of innocence
 RULE 132
 Section 6: very substantive change in cross-examination
o No longer limited to matters connected to the direct
(former formulation)
o “on any relevant matter” (relevance is the threshold)
  Shift of scope-of-direct rule (American rule) v.
wide open rule (English rule)
 Why the shift? Because we should not
let the limiting rule that the direct will
control the probability of allowing the
truth to be revealed
Section 11:
o “you are bound”
 Not automatically; you can still contradict/rebut
 You become bound if you fail to contradict the
testimony of the witness who is an adverse
party
 Section 12:
o New provision
o Conviction of light offenses/crimes does not have
much impeachment value and should not necessarily
affect the badge of credence or trustworthiness
 Section 15:
o GR:
 Court motu proprio or upon motion can order
the witnesses to be excluded from the
courtroom
 Practical utility (against coaching, fabricating
testimony)
o EXCs (4): cannot be excluded from the courtroom
 Natural person who is a party
 Duly designated representative of a juridical
entity who is a party
 Presence is essential to the presentation (ex.
expert witness)
 Authorized by statute (for future reference)
o Second paragraph: directly or through intermediaries
 AUTHENTICATION AND PROOF OF DOCUMENTS
 Section 19:
o New paragraph c: apostille convention (May 2019)
 Section 20:
o New paragraph c: very good addition (as long as
show due execution and authenticity)
 Rule 5, Section 2 of REE – parallel provision
 Integrity and reliability
 Section 24:
o New addition
o Effect: new provision
 
Apostille convention; it removed the
requirement of consularization or legalization
process
 Only thing you need to present now is the
apositlle certificate which you can get from the
DFA; there’s a template which is attached to
the document (2-3 sentences) which is
originated from a foreign jurisdiction then that
should be enough
 OFFER AND OBJECTION
 Section 35
o Important: all formally offer evidence must be done
orally
 Testimony: before witness starts his testimony
proper (if Judicial Affidavit, better practice to
include the written offer in the JudAff)
o Exceptions to the requirement of formal offering
 Section 36
o Object must also be made orally
o After the offer and before the witness testifies
o Judge has to rule on it then and there
 Section 39
o Additions:
 When can strike out
 (1)
 (2)
 (3)
 (4)
 (5)
 Practically speaking, we don’t strike it off. It is
still included in the TSN.
 WEIGHT AND SUFFICIENCY OF EVIDENCE
 Section 1:
 Section 2:
 Section 4:
o Addition: inferences (just for clarity)
 Meaning, you have to prove something as a
fact first before you can draw an inference from
it
 Section 5: weight to be given
o Largely guidance for judges and practitioners
o First 3: specific guidelines
o Last: general guideline
 Q&A:
  Duplicate (is equivalent of the original document) vs.
photocopy (not original so you need to present as secondary
evidence)
o Duplicate: (ex. email – print out of an email is a
counterpart which can be an original; functional
equivalent)
o Photocopy: NOT a counterpart (only secondary
evidence)
 Independently relevant statement
o Gossips ???
 Judicial Affidavit is:
o TESTIMONIAL evidence
 Takes the place of direct
o Do not mark your judicial affidavits, that is testimonial
evidence! – Singh
o If already marked in the Judicial Affidavit, no need to
re-mark, identify anymore in open court (that is why
you do it in Judicial Affidavit because you dispense
with the time consuming process)
 Hearsay

CIVIL PROCEDURE LECTURE

 Overview
o Main purpose for the amendments (objectives): to make the disposition of
every action and proceeding more just, speedier and less expensive to
prevent delays and decongest the courts
 So if there is some vagueness in the provision, use statutory
construction to guide you on how to construe it. Remember the
objectives of the changes -- less cluttered and more streamlined
process (for the correct interpretation)
o Another objective is to put timeframes to every aspect of litigation
o How:
 Shorter period of time for the submission of pleadings
 Shorter period of time for the judges to resolves the incidents
 Eliminated unnecessary steps
 Eliminated unnecessary interlocutory stages
o Recurring amendments:
 To make provision more gender-inclusive
 Stylistic changes
 Specification of “calendar days” for the various periods
provided under the Rules (which include holidays and
weekends)
 Rule 6
o Section 2
 Reply only if there is an actionable document attached in its answer
 Cross-reference to Section 10, Rule 6
 The only purpose of the reply if there is an actionable
documents is to give the person the opportunity to deny
under oath the genuineness and due execution of the
actionable document
o Actionable document: a written instrument upon which
an action or defense is based (i.e., loan agreement,
proof of payment of loan, promissory note, etc)
o Section 3: Complaint
 Addition of claiming party: third party complaint, etc. (just for
clarification)
 Cross-reference with Rule 8, Section 1
 VIDEO WAS CUT
o Section 7: Compulsory Counterclaim
o Section 8: Cross-claim
 Last phrase: To only clarify the inclusion of all or part of the original
claim
o Section 10: Reply
 “All new matters…” : that has been the rule before
 “If the plaintiff wishes to interpose any claims from the new matters
so alleged, such claims shall be set forth in an amended or
supplemental complaint”: that is important and that is new
 If there is a new matter alleged in the answer, you can:
o Not file a reply: it will be controverted
o Cannot file a reply (if no actionable document) but file
a supplemental or amended complaint: to interpose
any claims in such new matters in the answer
o File a reply: if with actionable document
 May file a rejoinder if the reply attached an actionable document
 Example:
o Complaint for sum of money with promissory note
o Answer and says payment has been made with
official receipt or check encashed
o Reply to controvert the actionable document; plaintiff
may attach with a notice of dishonor of the check (so
no payment talaga)
o Rejoinder (MAY be filed) to controvert the notice of
dishonor (and show that within 10 days, he actually
settled the initial check which bounced)
o Section 11: Third (fourth, etc.)-party complaint
 GR: third or fourth party defendant are allowed
 EXC: not allowed if:
  (a) defendant cannot be located within 30 days from grant of
leave with court (summons cannot be issued);
 (b) extraneous to the issue (when C has the obligation to
deliver the payment to A but uses the money for another
obligation of A); or
 (c) to introduce a new and separate controversy (similar to b;
if C says that B and A owes C anyway)
 Rule 7 (parts AND CONTENTS of a pleading)
o Section 3: Signature and address
 Rests on the exercise of good faith of everybody
 Canon 10 and 12 of the CPR
 Numbered the paragraphs for easier reference
 Signature of counsel:
 To attest to the following things:
o Not being presented for any improper purpose
o Warranted by law or jurisprudence
o Have evidentiary support or likely have evidentiary
support
o Warranted on evidence or likely to be supported by
evidence
 Paragraph (c) on sanctions for practitioners to ensure enforcement
 Motu proprio or motion
 Hearing
 Violation of the rule
o Who may be liable
 Attorney
 Law firm (will be jointly and severally liable for
acts of its partners, associates or employees)
 Party
o What are the sanctions
 Non-monetary directive or sanction
 Payment of penalty in court
 Order to direct payment to the movant or
adverse party the attorney’s fees (partial or
entire amount)
o Lawyers cannot pass the liability to the clients
o Section 4: Verification
 New: “The authorization of the affiant..”
 SPA and the Secretary’s Certificate (evidencing authority to
verifier) must always be attached to the pleading that needs
to be verified and shall allege the following:
o (a) Are true or correct – based on personal knowledge
or based on authentic documents
o (b) Not filed to harass…
o (c)
  Signature of affiant
o Section 5: CNFS
 Last part: like in verification
 Attach the authorization allowing the person who signs the
CFNS to the pleading requiring CFNS (SPA or Secretary
certificate)
 ??? What if the authority to verify and the CFNS is contained in the
same person, is one attachment enough?
 ??? When are CNFS required to be filed?
 There are two aspects of Forum shopping:
 The submission of the CNFS
o Non-submission
o Submission of defective
 The act of forum-shopping itself
 Verification v. Forum shopping
 Verification is not jurisdictional
 Forum shopping is jurisdictional
o Section 6: Contents
 Section 10:
 GR: reply is a prohibited pleading
o No effect since new matters will be controverted
 EXC: when a reply attaches an actionable document
o If you fail to deny in a reply, the G/DE will be admitted
 Shift from ultimate facts to evidentiary facts
 Mandatory allegations
 Name of witnesses to be presented
 Summary of witnesses’ intended testimonies + Judicial
Affidavits attached
o If you don’t attach: cannot present witness; only
witnesses attached shall be presented during trial
 EXC: meritorious reasons of ADDITIONAL
witnesses (not the original witnesses)
 Ex. additional witness is a non-resident
of the Philippines
 NOTE: there is no exception for the ORIGINAL
witnesses
 JAR allows 1 late submission of the
Judicial Affidavit with payment of fee for
a JUSTIFIABLE CAUSE
 Must be stated that you are presenting the following
documentary and object evidence in support of the
allegations (not yet the formal offer)
o Technically, these will already be included in the
Judicial Affidavits
 Establish the shift from ultimate facts to evidentiary facts
  Objective is:
o to lay the cards on the table at the earliest opportunity
possible
 “What is your case?”
 “What is your evidence for this case?”
o to cut delay and facilitate speedy resolution of cases
o to give everyone the opportunity to prepare already
o they don’t want trials to be conducted in the dark
 Rule 7:
o Section 6: Contents
 (a)
 (b)
 (c)
 It appears that you need to attach already the documentary
or object evidence
o Best practice: that you are ready with it and that you
are ready to present it when necessary (ex. cellphone
to be presented during pre-trial)
 What if immovable:
o State and allege that it’s immovable but that it is also
ready for inspection
 JAR
 JAR: 5 days before pre-trial or 5 days before the scheduled
hearing
 RROCP: need to incorporate in your pleadings
 Mandatory tone: only witnesses with attached JA can be presented
during trial
 Tranquil’s window: Rule 18, Section 2 on reservation of testimonial
evidence (but only those not available during pre-trial)


 RULE 16: either deleted or transposed

o GR: Motion to Dismiss is a prohibited pleading
 Period to file an MTD: the reglemantary period to file answer (so 30
days); the period is interrupted
 Section 4, Rule 16 is deleted – no more 5 days; we will apply the
ordinary rules on interruption
 If MTD is denied, apply Rule 22
 You only have the remaining day to file an Answer
(suggestion: file it earlier so you can still file Answer)
 EXC: you can file MTD under Rule 15, Section 12
 On grounds: LLRP
 To shorten the process; objective of the rules
o All other grounds which used to be for an MTD will be transferred to
affirmative defenses
 Rule 8: Pleadings
o Section 1: In general
 Old: Ultimate facts and devoid of evidentiary matters
 Now: Ultimate facts including evidence (we should allege with
evidentiary support)
o Section 6: Judgment
 Last phrase on authenticated copy of the judgment or decision
attached to the pleading
 Apostille Convention
o Section 11: Allegation not specifically denied deemed admitted
o Section 12: Affirmative defenses (new)
 All other grounds for MTD (other than LLRP) shall be included as
an affirmative defense in the Answer
 If LLRP, you can opt not to file an MTD and just allege it in
your answer as an affirmative defense (instead of MTD)
o Although prescription is already an affirmative
defense in the old rule
 After answer, court will resolve the affirmative defense within 30
days
 On grounds under Rule 6, Section 5 (b) may be subject of summary
hearing – court discretion
 Other grounds affirmative defenses Rule 8, Section 12 are
grounds which cannot be subject of summary hearing –
because these grounds are evident in the pleading already

 (a) In the answer and reasons must be Section 5(b), Rule 6
 Payment, estoppel, etc.
 And the enumeration (1-5)
 (b) waiver
 Earlier opportunity is the answer or reply to the
answer/counter-claim
 (c) 2 modes of resolution:
 Motu proprio if patent and no need of additional evidence
 Judge needs more enlightenment, then he can set if for the
summary hearing (notice of summary hearing from court)
 NO MOTIONS for hearing affirmative defenses (prohibited
pleading)
 (e) raised on appeal if denied
 On appeal of the merits, then you can assign as an error the
denial of your affirmative defenses
 Rule 9
o Section 3
 When effects of default are enforced
 Actual default – fails to file an answer
 Non-appearance in pre-trial
  Penalty for failure to comply on the modes of discovery
 Rule 10
o Section 3: by leave of court
 Additional ground to refuse leave of court; (rule from jurisprudence):
 (b) if amendment is to confer jurisdiction to the court
 (c) when the pleading stated no cause of action from start
o Section 5:
 Confusing before; self-negating
 Clarified the rule: no amendment is necessary
 Reason: as long as fair play requirements are met
o Section 8:
 Amended pleading takes the place of the original pleading
 The original pleading will be non-existent
 The allegation in the original superseded pleading will
become extra-judicial statements (so need to be offered and
proved)
 Rule 11:
o Answer to the complaint: 30 days from service of summons
 Unless a different period is fixed by the court
o Section 3:
 Answer to amended complaint (matter of right): 30 days after
service
 (with leave of court): 15 days
o Section 4
o Section 6
 If allowed, 15 days from answer
o Section 7
 Supplemental complaint: 20 days (you are already placed in a
position with notice)
o Section 11: new
 Max of answer: 30 + 30 (extension)
 GR: no MOTEX to file any pleading
 EXC: 1 MOTEX to file an answer
 Max. period to be given: additional 30 days (total of 60 days)
 “The court may allow any other pleading to be filed after the time
fixed by the rules”
 The court is given discretion to allow/admit belated pleadings
EXCEPT THE LATE ANSWER
o Because answer is already given 1 MOTEX
 RULE 13
o Section 1: Clarified that the old rule (“other papers”) referred to motions
and other court submissions
o Section 2:
 Filing: act of submitting to the court (part of the record of the case)
  Service: act of serving/providing a copy to the adversary or co-
parties
 New paragraph:
 When a party is represented by more than 1 counsel
 That party will only be allowed to the party and give it to the
lead counsel (if one is designated)
o If no designation of lead, service to any is enough
 When 2 parties or more are represented by one counsel,
that counsel is also only entitled to one copy
o Section 3: Manner of filing
 (a) personal
 (b) registered mail
 (c) accredited courier (new)
 Before: no presumption of regularity so date of receipt is
date of filing
 New: “accredited courier”
o OCA will undergo a process of accreditation
o Date of mailing is date of filing like registered mail
 (d) electronic mail or other electronic means (new)
 Official email addresses in issuances of SC
 Microsoft platform for video hearings
o Section 5: Modes of Service
 (a) personal
 (b) registered mail
 (c) accredited courier
 (d) electronic mail
 (e) facsimile transmission (only in service; not allowed in filing)
 Not for court-bound
 (f) other electronic means
 By consent of the parties (since not everyone is
technologically equipped)
o Section 6: personal service
 Addition: authorized representative named in the appropriate
pleading or motion (ex. atty-in-fact)
o Section 9: Service by electronic means and facsimile
 Requires consent of the parties affected
o Section 10 (new and important): presumptive service (of notices of court
settings)
 Delay in service, delay in trial
 20 days if within same same judicial region
 30 days if outside judicial region
 Show cause order – ideal or prudent cause of action of the judge
directing the parties to explain their non-appearance despite the
presumptive service THEN set the hearing one final time
 Note: Those notified of court settings/hearings will not be sent
notices anymore
 Especially those held as automated hearings (when the
orders are printed then and there during the hearing)
o Section 11: Change of electronic mail address and fax number
 Presumed service if sent to the details on the records of the courts
o Section 12:
 Format and contents of the email or fax
o Section 13:
 Addition: “upon ex parte motion of any party in the case,…”
 There are parties who want the service to them to be
immediate
 But court cannot shoulder expense nor be bothered to use
their process servers
 So the new phrase allows the moving party to pay for the
expenses to be sent by the accredited courier
o Section 14:
 There are some papers that still must be filed or served in the
“traditional way” meaning
 Personal
 Registered mail
 (a)
 (b)
 (c)
 Parties are given the option (convenience of the parties)
 (d)
o Section 15: (check Singh’s summary)
 Actual receipts and presumptive receipts
o Section 16: Proof of filing (check Singh’s summary)
o Section 17: proof of service (check Singh’s summary)
o Section 18:
 Outgoing papers from the court
 They can email to the parties
 The hard copy will be part of the records of the case
 Rue 14
o Section 1: Clerk to issue summons
 Finally provided the time within when summons must be issued
 “On its face dimissible” – J/R/L/P
 Other grounds to dismissable: no verification, forum
shopping
o Section 2: Contents
 (b) court is now authorized (ex part motion) to be authorized to
serve summons on the defendant
 Summons must indicate that the plaintiff is authorized
 WHY? It helped in the small claims cases
o Section 3: By whom served
 Paragraph 1: plaintiff TOGETHER with the sherriff (safeguard)
 (check Singh’s summary)
 If outside judicial region, no need to be accompanied by
sheriff
 “other means available” under the Rules of Court
 Rule 14, Section 16 – whereabout are unknown (by
publication)
o Section 4: (new provision)
 Alias summons: if it is lost or damaged and there are no other
copies from the record
 Failure of service: substituted service (NOT alias summons)
o Section 5:
 To inform the recipient “you are being called by the court” (very
simple language is enough)
 “tender” – to leave a copy of the complaint and the summons within
the view and in the presence of the defendant (which was taken
from the Sheriff’s handbook)
o Section 6: Substituted service
 When do you resort: attempted 3 times on 2 different days
(jurisprudence for a long time – Manotoc v. CA)
 Who if not defendant:
 (a) 18 years of age (jurisprudence)
 (b) “competent person” (ex. receptionist)
 (c) gated subdivision or condominium
o If only refused entry, officers of HOA or CC or
Chief security officer (hepe)
 (d) Email, if allowed by the court
o Section 7
o Section 8:
 Addition: duty to file return by jail warden
o Section 9: international conventions
o Section 10:
o Section 11: (new)
 even if sued jointly, service on EACH individually
o Section 12:
 As a practical inclusion: “their secretaries” in their offices (an
acknowledgment of the reality)
 Officers “wherever they may be found” (not necessarily in their
office)
 A person who customarily receives
 Email if allowed by court
o Section 13: (new and important)
  Special appearance of counsel to question the improper service of
summons on client, court can deputize you to serve the summons
on your client
o Section 14:
o Section 16:
 90 days from the commencement of action
o Section 17:
 International conventions
o Section 20:
 The sheriff must be able to serve the summons within 30 days
 Contents of the return
 Template of the sheriff’s return
o Section 21:
o Section 22: “publisher”
o Section 23:
 Significant change
 If you invoke any other ground other than lack of JD, it shall be
deemed to be a voluntary appearance (acknowledgment of the jd of
the court)
 Rule 15: Motions
o Section 2:
 Old: Motion must be in writing
 New:
 GR: In writing
 EXC: those made in open court or in the course of a hearing
or trial (orally; may be resolved in session)
 Motion is based on facts not appearing on record, the court may:
 Hear the matter on affidavits or depositions
 may hear the matter wholly or partly on oral testimony or
depositions
o Section 4 (new): Non-litigious motions
 Not set for hearing
 Should be resolved motu proprio within 5 calendar days
 MOTEX for Answer – if for the first MOTEX, non-litigious; if for
second or subsequent MOTEX, litigious
 (h) other similar motions – all-encompassing qualifier is without
prejudicing the rights of the other party
o Section 5 (new): Litigious motions
 When you receive a litigious motion, no need for a court order to
instruct party to file a comment/opposition
 The filing and service of the litigious motion will kick off these
chain of events and will trigger all timelines (automatic)
 It should be automatic for the other party to file its opposition within
5 days from receipt of litigious motion
 Court shall resolve within 15 days
 o Section 6:
 The court may call for a hearing on the motion
 Notice of hearing no longer required
 May need to revise the bottom portion of the motions
(revise/provide TJ draft)
 The court will determine if there is a need for hearing and will issue
the notice of hearing itself
o Section 7:
 Notice of hearing – no longer required BUT
 Proof of service is always necessary (due process)
o Section 8:
 Friday
o Section 12 (new): Prohibited motions
 MTD (except 4 grounds)
 No affirmative defenses – court acts on it immediately unless
orders a summary hearing
 MR on affirmative defense
 Motion to suspend without TRO/WPI
 MOTEX (except 1 time for answer)
 Motion for postponement intended for delay
 GR: all are Intended for delay
 EXC: acts of God, FM, physical inability of witness (3 only)
 Caveat: you will not be given additional time
 Motion for postponement fee
o Section 13:
 Dismissed with prejudice
 Rule 16 – no more existent (deleted or transposed)
 Rule 17
o All remain the same
 Rule 18: PRE-TRIAL
o AM 03-3-09-SC (2004) – J. Velasco
o Pre-trial Guidelines
o Pre-trail is a procedural device intended to clarify and limit the basic
issues between the parties. It’s supposed to pave the way to a less
cluttered trial, abbreviate, simply and expedite the trial (Chua vs. Cheng)
o 60 days from answer/reply
o The branch clerk of court shall issue a notice of pre-trial within 5 days from
filing of the last responsive pleading (answer or reply or rejoinder)
 The pre-trial should be set/scheduled within 60 day from filing of
last responsive pleading
o Section 2:
o Pre-trial (but could also be done during preliminary conference)
 Preliminary marking
 To examine and compare
 Manifest that it is a FRO/ GDE
o Failure to appear during the period pre-trial; sanctions
 Dismissal with prejudice; present ex parte (Section 5)
 But judge can also not dismiss but will become a waiver of
their objections to the G/FRO (Section 2)
o Present but fail to bring the evidence
 Waiver of the presentation of such evidence
o Section 4:
 Old: party or counsel (armed with
 Now: Party AND counsel – required to appear during pre-trial
 Absence of anyone will result to consequences
 Duty of the party AND counsel to appear in:
 Pre-trial
 CAM
 JDR
 If we cannot appear, representative
o HOW???
 Representative of party? Who? Lawyer in his
own capacity? Lawyer in his representative
capacity?
 So not required na party and counsel if counsel
has SPA for party?
o Section 5: effect of failure
 Plaintiff – dismiss
 Defendant – ex parte evidence
 Consequences under Section 5 will apply if either the lawyer or the
party does not appear in either
 Pre-trial, CAM or JDR
 Very important
 Stipulation of facts made in pre-trial are judicial admissions
and thus, require no proof/presentation of evidence
 When you file complaint and/or answer
 Attached all evidence and Judicial Affidavits
 During pre-trial, we will be referred to a preliminary conference
(???)
 During preliminary conference, you will already present to
each other the evidence
o For marking and comparing
 Asked the photocopy to be marked
 Compare the marked to the original
 Identification of evidence v. Formal offer of evidence
 Identification: done during pre-trial or trial
 FOE: when the party is about to rests its case
o You have to formally offer your evidence in order for
the court to consider them in deciding the case
 Mandatory and terminated promptly
  The requirement on the parties to mark their respective
evidence if the evidence have not yet been marked in the
Judicial Affidavits of the witnesses
 Examine and comparison
 Manifest for the record on the stipulations
 Reserve of evidence not yet available during pre-trial
o No more catch-all reservation
 Made it consistent with the contents of the pleading
 Included (d) on identification of witnesses and setting of trial
dates
 PROCEDURAL AND VERY IMPORTANT:
 (g) requirement of parties on marking and comparisons in
open court (it’s so tedious, boring and delays the case)
o We are removing it from trial completely and this will
be the steps to be followed:
 Mark your evidence
 Comparisons with the other party and/or the
BCC (if ayaw ng adverse party)
 Stipulations on the faithfulness of the
reproductions
 Stipulations on the genuineness and due
execution of adverse parties
 We do not want repeated contents on
G/DE of evidence in open court
 Reserve evidence which are not available
(blanket reservation – not allowed)
 Can reserve but it has to be done in the
manner established:
o Testimonial evidence: name,
position of person and nature of
testimony (if no name, fine)
o Documentary evidence/object:
particular description
 Otherwise, no reservation will be
allowed
o “the failure”…
 Marking – waive all objections:
 Faithfulness and compare
 G/DE
 Failure to bring evidence required during pre-
trial
 Waive presentation of such evidence
o
o Pre-trial is a great tool to shorten trial
o Section 3: Notice of Pre-trial
 
Form prepared already (check SC website)

Schedule of pre-trial, CAM, JDR
 Clear that CAM and JDR are part of the pre-trial
 Notice of pre-trial will include all:
 Pre-trial
 CAM
 JDR
 Service of notice to counsel and counsel shall notify client
 Non-appearance in any of the foregoing settings (CAM, JDR) will
have same sanctions as non-appearance of pre-trial (Section 5)
o Section 4:
 Non-appearance is only excused = “valid cause”
 Acts of God
 FM
 Physical inability of witness to appear
o Section 5:
 When duly notified and no valid cause for nonappearance (you with
counsel): dismissal with prejudice
 If defendant, plaintiff can present evidence ex parte and case can
be decided on that basis
 He will only suffer consequences of default
 CLARIFIED NOW when the plaintiff will present its case ex
parte: Within 10 calendar days from the termination of pre-
trial
 Even if ex parte presentation of evidence, plaintiff still needs to
OFFER the evidence
o Section 6: Pre-trial brief
 Consistent with the changes
 (a)
 (b)
 (c) divide issues into: factual and legal
 (d)
 (e)
 (f)
 (g)
 OLD: the availment of modes of discovery
 NEW: not carried over to the 2019 revisions
 BUT it is still encouraged to be availed
 Section 7 (h), Rule 18 – A.M. No. 03-1-09
o Very clear in 1.2 (resort to modes of discovery; judges
will tell you to avail of it)
o Court can still require the observance of:
 1-day witness rule:
 Par. 5 (i) … The One-Day Examination of Witness Rule, that is, a witness has to be fully
examined in one (1) day only, shall be strictly adhered to subject to the courts’ discretion
during trial on whether or not to extend the direct and/or cross-examination for
justifiable reasons. On the last hearing day allotted for each party, he is required to make
his formal offer of evidence after the presentation of his last witness and the opposing
party is required to immediately interpose his objection thereto. Thereafter, the Judge
shall make the ruling on the offer of evidence in open court. However, the judge has the
discretion to allow the offer of evidence in writing in conformity with Section 35, Rule
132;

 Most important witness rule

Par. 5(j) Determine the most important witnesses to be heard and limit the number of
witnesses (Most Important Witness Rule). The facts to be proven by each witness and
the approximate number of hours per witness shall be fixed;

o Section 7 (new): Pre-tral order

 Form prepared already (check SC website)
 (a)
 (b)
 (c)
 (d)
 (e)
 (f)
 (g) the case flowchart – timeline of to be provided for by the court
 (h) One day examination rule
 (j)
 Direct testimony shall be in the form of JA (JAR already)
 Postponement
 Acts of God, FM, physical inability of witness
 Same caveat
 The failure of the party to appear during the presentation of
evidence without valid cause (AG, FM, PI of witness)
o Section 8 (new): CAM
 Old: CAM used to be before pre-trial
 Now: CAM is after pre-trial (reversed the order)
 Rationale for reversal of order: some people are already
convinced during pre-trial before the judge so no need to
send to CAM; save on time
 CAM 30 days max (without further extension)
 NOW: Order is:
 Pre-trial proper first so that the issues are joined
 Referred to CAM
o 30 days maximum
 If judge feels the need, JDR (assigned to another judge)
o 15 days maximum
 If unsuccessful, go back to original judge
o Section 9 (new): JDR
  Old: mandatory
 New: discretionary on judge depending on possibility of settlement
after CAM fails
 Judge will refer it to another court (before: JDR in same court; if it
fails, court will be unloaded)
 Now: JDR fails, case will go back to old court (he/she would now)
o Section 10 (new): VERY IMPORTANT AND USEFUL TOOL
 The judge can already motu proprio include an order in the PTO
that I will already render a judgment based on Rule 34 and Rule 35
 Judge should render judgement within 90 days from
termination of pre-trial
 I will question the PTO?
o No appeal or R65
o Tranquil – you cannot question
 Remedy is you go to trial then appeal later
 No more genuine issue or absence of issue or fail to tender an
issue, the court may motu proprio include in the pre-trial order that
the case is being submitted for SJ (Rule 35) or JOP (Rule 34)
without need of further memoranda or pospaps
 No issue at all
 I will now decide
 Ostensible issue (sham, ficticious, etc.)
 Judgment shall be made within 90 days from termination of pre-trial
 If you conducted pre-trial, there is no need for presentation of
evidence since all your evidence are already attached on your
pleadings, there is a likelihood that
 Rule 20: Calendar cases
o No change
o Only reminding on the rules on e-raffling of cases during ECQ
 Rule 21: Subpoena
o Section 6:
 Old: kilometrage
 New:
 Schedule of fees: Rule 141
 Rule 22:
o Deadline: Saturday
o Can submit: Monday
o If you want to MOTEX to file Answer: where will you reckon on the
Saturday or the Monday?
 Luz v. National Amnesty Commission: extension should be tacked
to the original period (Saturday), regardless if it’s a weekend or
holiday
 Rule 23 and 29
o Rule 23, Section 1:
 OLD:
  Leave of court
 As a matter right
 NOW: regardless if before or after
 Ex parte motion with the court (non-litiguous motion)
o Rule 25, Section 1:
 Interrogatories
 Only file ex parte motion
 Rule 30: Trial
o Continuous trial for criminal cases
 Amendments on the civil rules is similar to continuous criminal
cases
o Rebuttal evidence – for the defendants to be able to present evidence on
new matters/issues (ex. I got to pay you already)
o Section 6: Oral offer of exhibits
 Likewise taken from the JAR
o Sing Steps:
 Filing of the last pleading (answer/reply/rebuttal):
 Notice of Pre-trial (to be issued within 5 days; pre-trial must be set
within 60 days from last pleading filed)
 Pre-trial terminated
 Within 30 days, presentation of prosecution evidence
 90 days maximum for all evidence
 Including JDR (15 days)
 Why 90 days? Collective experience of the team that 90
days is enough
 Formal offer of evidence – oral offer (1 day); on the day you
present last witness (orally offer)
o How to do it?
o Advice:
 Offer first per exhibit A then purpose
 Then objection
 Then ruling
 Next exhibit
o Reason: to avoid confusion; para fresh sa mind (for
everyone’s facility)
 30 days from ruling on FOE, set the presentation of evidence for
defendant
 90 days maximum for all evidence
 More than 1 defendant
o Give the defendant equal chance of 90 days; hindi
sila hati sa 90 days if they are not presenting common
or unified evidence
 Oral FOE
 3rd party complaint, etc, are there?
 90 days also (equal opportunity; proverbial day in court)
  Oral FOE
 If the original plaintiff or defendant request to present rebuttal
evidence, court will allow/justified:
 30 days for BOTH of them already
 So far: 300 days maximum/ 10 months
 If simple: 180 days/ 6 months
 Submitted for resolution
 90 days to resolve
 No requirement for filing of memoranda (never was the rule)
o Section 2:
 AG/FM/PH (medical excuse/ illnesses)
 Whoever causes the postponement will bear the loss of time
o AC No. 35-2020 (27 April 2020) for ECQ; check rules for MECQ
 Due dates?
 Both in ECQ and MCQ gives an extension
 If your due dates fall within the ECQ or MECQ, you are given
a 30 day extension (???)
 MECQ rules: civil wedding rites (5 persons max in
attendance only)
 Pilot courts on e-hearings on ALL matters through Microsoft 365
 If not pilot court, only allowed to hear urgent cases
o Section 8:
 Same rule
 No motion to postpone if no TRO or WPI from higher court
 Rule 33:
o Section 1:
 Same essence, same effect
 When: after presentation of the prosecution
o Failure to state a cause of action (affirmative defense) v. lack of cause of
action (DTE)
 Failure – Section 12, Rule 8
 Can be determined in the allegations only
 Lack – Rule 33
 Based on evidence presented and admitted of prosecution
(insufficiency of evidence)
o Section 2:
 Subject to Rule 15 (litigious motion)

 File motion (so it has to be a written motion??)
o I guess not oral because there is no need for leave of
court unlike in criminal cases
 No more setting of notice for hearing (no need at the end of
the document/pleading)
 The court will be the one to set it for hearing and order the
hearing if necessary
  Wait for the order on the hearing from the court (IF the court,
if at all, decides to even set it for hearing)
 Cannot file appeal or R65 (R119, S23 – this has always been the
rule in criminal cases)
 How about MR?
 No R65 – because it’s a form of forum-shopping
o They will have require on an inhibition (may bias na
siya)
o
 Remedy: proceed with trial
 Rule 34: JOP
o If there is really no issue
o Grounds are the same
o NEW:
 Shall not be subject of an appeal or R65
 So I cannot appeal the judgment?
 You can! It’s a final judgment.
 That line refers to the order of the judge; Reconcile with Rule
18 – order that judge says he will render judgment on JOP or
SJ
 Rule 35: Summary Judgement
o Accelerated judgment
o There is an ostensible issue
o BUT because of the issue, counter-affidavits
o NEW:
 Shall not be subject of an appeal or R65
 So I cannot appeal the judgment?
 You can! It’s a final judgment.
 That line refers to the order of the judge; Reconcile with Rule
18 – order that judge says he will render judgment on JOP or
SJ
o Section 4: partial summary judgment (not a final judgment)

Q&A:
 Prohibition on extension also apply to appellate actions?
o No, the revisions will only apply to ordinary civil action and special civil
actions.
o Appellate proceedings are NOT included in the revisions (Petition for
Review under Rule 42)
o Definition of “pleadings” (Section 2, Rule 6 – complaint, answer, reply,
rejoinder) do not cover appellate pleadings
 Judicial Affidavits attached to complaints - comments of people:
o We do not want to wait for trial to see what evidence you have
o We cannot effectuate streamlining if evidence is presented later
 Notice of Hearing is no longer required
o No more notice of hearing in the Motions to be filed
o What is required is just proper proof of service
o You will receive a notice from court if there is a need to hear
 Hearing is not necessary anymore
o Discretionary on court
o If you receive a litigious motion, file a comment/opposition already (no
more order from court)
 Pilot courts – videoconferencing
o How will parties be notified of videoconferencing
 It will be sent electronically
 How will the judges/courts know our
o Proof of electronic sending/transmission/notice
 Proof of sending + printout of what was sent
 Accredited couriers
o None yet (OCA is supposed to accredit)
 Failure to join hearing via videoconferencing, is it a ground for dismissal
o Duly notified…
o Sanctions can still be imposed
 Lawyers or agents can represent in pre-trial?
o Yes can be represented to do 3 things: settlement, CAM/JDR, enter
admissions/stipulations (written authority which is notarized); as if fully
present
 Fails to allege evidentiary matters to support factual allegations, is that a ground
for dismissal?
o Bar question
o “Ultimate facts including the evidence”
o Evidence not equal to evidentiary facts
o JFS: should not be a ground for dismissal if not evidentiary facts
o Ground for dismissal in the answer is a failure to state cause of action but
not on failure to state evidentiary facts
 Does the revisions have a curative effect? (ex. no notice on motion)
o Can the scrap a paper be reconsidered? No.
o JFS: judge can issue an order to direct the parties to file
 Can we file a motion to request the (initiative) judge to apply or not
apply the rules IF you will be prejudiced so the judge can act on it
 Is a receipt an actionable document?
o SC case for sum of money for laptop (Duarte, 2011)
o Receipt there is not an actionable document
o It was only evidence that there was payment
o It is not the document which you base your action on (it was not basis for
the claim of sum of money)
 Verification WITH CFNS
o It can still be just 1 notarized document
 o Additional statements for verification
o CFNS additional statements
o Can still be in 1 document
 Rule 6, Section 3
o Pleading has to be signed by the lawyer (NOT the client)
 Section 6, Rule 7
o Any inconsistency (ex. JAR) – revised ROC will prevail
 JAs witnesses:
o HOW to get JA:
 Police witnesses, forensic chemists, medico-legals, Register of
Deeds or government officials/employees
 Hostile and adverse witnesses
o Expressly removed from continuous criminal cases
o Even if not expressed in RROC, they are exempt from the requirements
on judicial affidavits
 Is there a required forM to obtain consent of the adverse party to allow service by
email of facsimile:
o No specific
o They prepared court forms in civil cases (check SC website) – if initiatory
pleading, should include signature of lawyer (name and address), they
require to put email and/or facsimile number
 By doing this, you are manifesting that you are willing to be served
electronically or via facsimile
 RROC applicable to Rule 70 (ejectment)?
o Yes applicable. Actually, with more reason to apply RROC since
summary.
 Pre-trial Notice
o CAM and JDR
 But JDR is only determined by court/judge, (reserve only; no harm
since you can easily cancel)
 Deputize counsel to serve summons on counsel
 Physical inability of the witness to appear and testify:
o What if lawyer is sick/illness?
 If pre-trial, yes because rule applies to party AND counsel
o If conflict of schedule of lawyer – NO.
 What if resetting was done without his participation? Hence, lawyer
did not agree. – NO (because you should already do something
about the conflict upon receipt of notice) – what they did sa RH is
not allowable!!! Since she had enough time to contest the conflict
(motion)
 Urgency of TRO vs. need to attach Judicial Affidavits
o Frankly, we have to do extra work (just advance all the work, easy easy
nalang in trial)
