The 2019 Amendments to the Rules of Civil Procedure

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 Administrator RAUL B. VILLANUEVA

OCA-Supreme Court
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
PROVISION PROVISION
Sec. 2. Pleadings The claims of a party are The claims of a party are ❑ No amendment in the
allowed asserted in a complaint, asserted in a complaint, first paragraph of Sec.
counterclaim, cross-claim, counterclaim, cross-claim, 2
third (fourth, etc.)-party third (fourth, etc.)-party
complaint, or complaint in complaint, or complaint in
intervention. intervention.
The defenses of a party are The defenses of a party are

❑ The amendment in the
alleged in the answer to the alleged in the answer to the
second paragraph is
pleading asserting a claim pleading asserting a claim
only gender-based
against him. against him or her.
(may mean “him or her”
or “he or she”)
An answer may be An answer may be
❑ No reply may be filed if
responded to by a reply. responded to by a reply
the defendant does not
only if the defending party
attach an actionable
attaches an actionable
document to the
document to the answer.
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.
PROVISION PROVISION
Sec. 3. Complaint The complaint is the pleading The complaint is the pleading ❑ The complainant
alleging the plaintiff’s cause or alleging the plaintiff’s or claiming may now be
causes of action. The names and party’s cause or causes of action.
referred to as the
residences of the plaintiff and The names and residences of the
defendant must be stated in the plaintiff (or claiming party) and plaintiff or
complaint. defendant must be stated in the “claiming party”
complaint.
Sec. 5. Defenses Defenses may either be negative Defenses may either be negative ❑ No amendment in the
or affirmative. or affirmative. first paragraph and item
(a) of Sec. 5.
(a) A negative defense is the (a) A negative defense is the
specific denial of the material fact specific denial of the material fact
or facts alleged in the pleading of or facts alleged in the pleading of
the claimant essential to his the claimant essential to his
cause or causes of action. cause or causes of action.
(b) An affirmative defense is an (b) An affirmative defense is an ❑ The amendment in item
allegation of a new matter which, allegation of a new matter which, (b) of Sec. 5 is only
while hypothetically admitting the while hypothetically admitting the gender-based.
material allegations in the material allegations in the
pleading of the claimant, would pleading of the claimant, would
nevertheless prevent or bar nevertheless prevent or bar
recovery by him. The affirmative recovery by him or her. The
defenses include fraud, statute of affirmative defenses include
limitations, release, payment, fraud, statute of limitations,
illegality, statute of frauds, release, payment, illegality,
estoppel, former recovery, statute of frauds, estoppel, former
discharge in bankruptcy, and any recovery, discharge in
other matter by way of confession bankruptcy, and any other matter
and avoidance. by way of confession and
avoidance.
RULE 6
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
Sec. 5. Defenses – NO ORIGINAL PROVISION Affirmative defense s may also ❑ This is a new paragraph in
include grounds for the dismi ssal of Sec. 5 regarding
cont. a complaint, specifically, that the affirmative defenses. An
court ha s no jurisdiction over the affirmative defense
subject matter, that there is another includes grounds for the
action pending between the same dismissal of the complaint,
parties for the same cause, or that such as lack of jurisdiction
the action is barred by a prior of the court over the
judgment. subject matter, there is
another action pending
between the same parties
(litis pendentia) or the
action is barred by prior
judgment (res judicata)
Sec. 7. Compulsory A compulsory counterclaim is one A compulsory counterclaim is one ❑ A new sentence is
which, being cognizable by the which, being cognizable by the regular included in Sec. 7
counterclaim regular courts of justice, arises out courts of justice, arises out of or is providing that a
of or is connected with the connected with the transaction or compulsory counterclaim
transaction or occurrence occurrence constituting the subject not raised in the same
constituting the subject matter of matter of the opposing party’s claim and action (or case) is barred,
the opposing party’s claim and does not require for its adjudication the unless it is allowed or can
does not require for its presence of third parties of whom the still be pursued separately
adjudication the presence of third court cannot acquire jurisdiction. Such a in a separate action per
parties of whom the court cannot counterclaim must be within the the Rules.
acquire jurisdiction. Such a jurisdiction of the court both as to the
counterclaim must be within the amount and the nature thereof, except
jurisdiction of the court both as to that in an original action before the
the amount and the nature Regional Trial Court, the counterclaim
thereof, except that in an original may be considered compulsory
action before the Regional Trial regardless of the amount. A
Court, the counterclaim may be compul sory counterclaim not raised
considered compulsory regardless in the same action is barred, unless
of the amount. otherwise allowed by these Rules.
RULE 6
PROVISION
Sec. 8. Cross-claim A cross-claim is any claim by one A cross-claim is any claim by one party ❑ The second sentence of Sec. 8
party against a co-party arising against a co-party arising out of the was amended to indicate that a
out of the transaction or transaction or occurrence that is the cross-claim covers “all or part of
occurrence that is the subject subject matter either of the original action the original claim”.
matter either of the original action or of a counterclaim therein. Such cross-
or of a counterclaim therein. Such claim may cover all or part of the
cross-claim may include a claim original claim.
that the party against whom it is
asserted is or may be liable to the
cross-claimant for all or part of a
claim asserted in the action
against the cross-claimant.
Sec. 10. Reply A reply is a pleading, the office or All new matters alleged in the answer ❑ This is a new paragraph inserted
function of which is to deny, or are deemed controverted. If the in Sec. 10 which clarifies that “all
allege facts in denial or avoidanc e plaintiff wishe s to interpose any new matters alleged in the answer
of new matters alleged by way of claims arising out of the new matters are deemed controverted”. If the
defense in the answer and so alleged, such claims shall be set plaintiff wishes to interpose any
thereby join or make issue as to forth in an amended or supplemental claims arising out of the new
such new matters. If a party does complaint. However, the plaintiff may matters, these should be set forth
not file such reply, all the new file a reply only if the defending party in an amended or supplemental
matters alleged in the ans wer are attaches an actionable document to complaint. Also, a reply can be
deemed controverted. his or her answer. filed, but only if the defending
party attached an actionable
If the plaintiff wishes to interpos e A reply is a pleading, the office or document in the answer.
any claims arising out of the new function of which is to deny, or allege ❑ The amendment in the second
matters so alleged, such claims facts in denial or avoidance of new paragraph emphasizes that a
shall be set forth in an amended matters alleged in or relating to said reply, which is intended to deny or
or supplemental complaint. actionable document. alleged facts in denial or
avoidance of new matters alleged
In the event of an actionable in or relating to an actionable
document attached to the reply, the document.
defendant may file a rejoinder if the ❑ A rejoinder may be filed if the
same is based solely on an actionable reply is based on an actionable
document. document.
RULE 6
PROVISION
Sec. 11. Third (fourth, A third (fourth, etc.)-party A third (fourth, etc.)-party ❑ No amendment in the first
etc.)-party complaint complaint is a claim that a complaint is a claim that a paragraph of Sec. 11
defending party may, with defending party may, with leave which defines what is a
leave of court, file against of court, file against a person not third (fourth, etc.)-party
a person not a party to the a party to the action, called the complaint.
action, called the third third (fourth, etc.)-party
(fourth, etc.)-party defendant, for contribution,
defendant, for contribution, indemnity, subrogation or any
indemnity, subrogation or other relief, in respect of his
any other relief, in respect opponent’s claim.
of his opponent’s claim. The third (fourth, etc.)-party ❑ This is a new paragraph
complaint shall be denied wherein the court may
admission, and the court shall deny a third (fourth, etc.)-
require the defendant to party complaint and
institute a separate action, require the defendant to
where: (a) the third (fourth, institute a separate action
etc.)-party defendant cannot based on 3 grounds, to
be located within thirty (30) wit: (a) the third (fourth,
calendar days from the grant etc.)-party defendant
of such leave; (b) matters cannot be located within
extraneous to the issue in the 30 calendar days from the
principal case are raised; or grant of leave; (b) matters
(c) the effect would be to extraneous to the issue in
introduce a new and separate the principal case are
controversy into the action. 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
PROVISION PROVISION
Sec. 3. Signature and Every pleading must be signed by the (a) Every pleading and other ❑ The amendment in item (a)
party or counsel representing him, written submi ssions to the of Sec. 3 provides that,
address stating in either case his address court must be signed by the aside from “pleadings”,
which should not be a post office box. party or counsel representing him “other written submissions
or her. to the court” must be signed.
The signature of counsel constitutes Also, another amendment is
a certificate by him that he has read (b) The signature of counsel gender-based.
the pleading; that to the best of his constitutes a certificate by him or
knowledge, information, and belief her that he or she has read the ❑ The amendments in item (b)
there is good ground to support to pleading and document; that to are, among others, gender-
support it; and that it is not interposed the best of his or her knowledge, based. In addition, the
for delay. information, and belief, formed signature of counsel
after an inquiry reasonable constitutes a certificate by
An unsigned pleading produces no under the circumstances: him/her that he/she read the
legal effect. However, the court may, (1) It is not being presented for pleading and “document” to
in its discretion, allow such deficiency any improper purpose, such a s the best of his/her
to be remedied if it shall appear that to harass, cause unnecessary knowledge, information and
the same was due to mere delay, or needlessly increase belief, “formed after an
inadvertence and not intended for the cost of litigation; inquiry ” made by the said
delay. Counsel who deliberately files (2) The claims, defenses, and counsel.
an unsigned pleading, or signs a other legal contentions are ❑ Sub-items (1) to (4) are new
pleading in violation of this Rule, or warranted by existing law or provisions in item (b)
alleges scandalous or indecent jurisprudence, or by a non- pertaining to the
matter therein, or fails to promptly frivolous argument for circumstances subject of the
report to the court a change of his extending, modifying, or inquiry required of a counsel
address, shall be subject to reversing existing before signing a pleading or
appropriate disciplinary action. jurisprudence; document
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)
RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.
PROVISION PROVISION
Sec. 3. Signature and (3) The factual contentions ❑ The subject of inquiry for
address – cont. have evidentiary support or, purposes of the certification
if specifically so identified, in the pleading or
will likely have evidentiary document are, among
support after availment of others, the following: (1) the
the modes of discovery pleading or document is not
under these rules; and being presented for any
(4) The denials of factual improper purpose; (2) the
contentions are warranted claims, defenses and other
on the evidence or, if legal contentions are
specifically so identified, warranted by existing law
are reasonably based on or jurisprudence; (3) the
belief or a lack of factual contentions have
information. evidentiary support; and (4)
the factual contentions are
warranted on the evidence.
(c) If the court determines, ❑ Item (c) is a new provision.

on motion or motu proprio It provides that the court
and after notice and may, on motion or motu
hearing, that this rule has proprio, impose the
been violated, it may appropriate sanction should
impose an appropriate the provisions of Sec. 3 be
sanction or refer such violated or refer such
violation to the proper office violation to the proper office
for disciplinary action, on for disciplinary action, on
any attorney, law firm or any attorney, law firm or
party that violated the rule, party or who is responsible
or is responsible for the for the violation
violation. Absent
exceptional circumstances,
RULE 7
PROVISION PROVISION
Sec. 3. Signature and a law firm shall be held ❑ Also, a law firm is jointly
address – cont. jointly and severally liable and severally liable with
for a violation committed by a partner, associate or
its partner, associate, or employee that commits
employee. The sanction the violation.
may include, but not limited
❑ Sanctions may be (1)
to, non-monetary directives
or sanctions; an order to non-monetary directives
pay a penalty in court; or, if or sanctions; (2) an order
imposed on motion and to pay a penalty in court;
warranted for effective or (3) an order directing
deterrence, an order payment to the movant of
directing payment to the part or all of the
movant of part or all of the reasonable attorneys
reasonable attorney’s fees fees and other expenses
and other expenses directly directly resulting from the
resulting from the violation,
violation, including
including attorney’s fees for
the filing of (the) motion for
attorney’s fees for filing
sanction. The lawyer or law of the motion for sanction
firm cannot pass on the ❑ The lawyer or law firm
monetary penalty to the cannot pass on the
client. monetary penalty to the
client.
RULE 7
PROVISION PROVISION
Sec. 4. Verification Except when otherwise Except when otherwise specifically ❑ The amendment in Sec. 4,
specifically required by law or required by law or rule, pleadings among others, deleted the
rule, pleadings need not be need not be under oath or verified phrase “accompanied by
under oath, verified or affidavit”.
accompanied by affidavit. A pleading is verified by an
affidavit of an affiant duly ❑ The second paragraph is a
A pleading is verified by an authorized to sign said new provision on a pleading
affidavit that the affiant has verification. The authorization of that “is verified by an affidavit
read the pleading and that the affiant to act on behalf of a of an affiant duly authorized to
the allegations therein are party, whether in the form of a sign the said verification”,
true and correct of his secretary’s certificate or a which authority is either in the
personal knowledge or based special power of attorney, form of a secretary’s certificate
on authentic records. should be attached to the or a special power of attorney
pleading, and shall allege the (SPA) attached to the
A pleading required to be following attestations: pleading.
verified which contains a (a) The allegations in the ❑ Likewise, the authorization of
verification based on pleading are true and correct the affiant should allege
“information and belief” or based on his personal specific attestations, such as:
upon “knowledge, information knowledge, or based on (a) the allegations in the
and belief”, or lacks a proper authentic documents; pleading are true and correct
verification, shall be treated (b) The pleading is not filed to based on his personal
as an unsigned pleading. harass, cause unnecessary knowledge, or based on
delay, or needlessly increase authentic documents; (b) the
the cost of litigation; and pleading is not filed to harass,
(c) The factual allegations cause unnecessary delay or
therein have evidentiary support needlessly increase the cost
of, if specifically so identified, of litigation; and (c) the factual
will likewise have evidentiary allegations therein have
support after a reasonable evidentiary support after a
opportunity for discovery reasonable opportunity for
discovery
RULE 7
SECTION ORIGINAL PROVISION AMENDED PROVISION REMARKS
Sec. 4. Verification – The signature of the affiant shall ❑ The third paragraph is a
further serve as a certification of the new provision stressing
cont. truthfulne ss of the allegations in the that the signature of the
pleading. affiant shall serve as a
“certification of the
A pleading required to be verified that truthfulness of the
contains a verification based on allegations in the
“information and belief” or upon pleadings.”
“knowledge, information and belief”, or
lacks a proper verification, shall be ❑ Only a minor clerical
treated as an unsigned pleading. amendment was done in
the fourth paragraph.
Sec. 5. Certification The plaintiff or principal party shall The plaintiff or principal party shall certify ❑ The amendment in the
certify under oath in the complaint or under oath in the complaint or other first paragraph of Sec. 1
against forum other initiatory pleading asserting a initiatory pleading asserting a claim for emphasizes that the
shopping claim for relief, or in a sworn relief, or in a sworn certification annexed period for the plaintiff or
certification annexed thereto and thereto and simultaneously filed principal party to report
simultaneously filed therewith: (a) that therewith: (a) that he (or she) has not that there is a same or
he has not theretofore commenced any theretofore commenced any action or similar action or claim
action or filed any claim involving the filed any claim involving the same issues that has been filed or is
same issues in any court, tribunal or in any court, tribunal or quasi-judicial pending is 5 calendar
quasi-judicial agency and, to the best agency and, to the best of his (or her) days (not working days)
of his knowledge, no such other action knowledge, no such other action or claim after learning the same
or claim is pending therein; (b) if there is pending therein; (b) if there is such ❑ Also, the other
is such other pending action or claim, a other pending action or claim, a complete amendments are
complete statement of the present statement of the present status thereof; supposed to be gender-
status thereof; and (c) if he should and (c) if he (or she) should thereafter based.
thereafter learn that the same or similar learn that the same or similar action or
action or claim has been filed or is claim has been filed or is pending, he (or
pending, he shall report that fact within she) shall report that fact within five (5)
five (5) days therefrom to the court calendar days therefrom to the court
wherein his aforesaid complaint or wherein his (or her) aforesaid complaint
initiatory pleading has been filed. or initiatory pleading has been filed.
RULE 7
PROVISION PROVISION
Sec. 5. Certification Failure to comply with the The authorization of the affiant ❑ The second paragraph
against forum shopping forgoing requirements shall not to act on behalf of a party, is a new provision
be curable by mere amendment whether in the form of a which requires that the
– cont.
of the complaint or other secretary’s certificate or a authorization of an
initiatory pleading but shall special power of attorney, affiant to act on behalf
cause for the dismissal of the should be attached to the of a party (regarding the
case without prejudice, unless pleading. certification against
otherwise provided, upon motion forum shopping) must
and after hearing. The Failure to comply with the be either in a
submission of a false forgoing requirements shall not be secretary’s certificate or
certification or non-compliance curable by mere amendment of a SPA attached to the
with any of the undertakings the complaint or other initiatory pleading.
therein shall constitute indirect pleading but shall cause for the ❑ No amendment in the
contempt of court, without dismissal of the case without third paragraph,
prejudice to the corresponding prejudice, unless otherwise although it should be
administrative and criminal provided, upon motion and after gender-based.
actions. If the acts of the party or hearing. The submission of a
his counsel clearly constitute false certification or non-
willful and deliberate forum compliance with any of the
shopping, the same shall be undertakings therein shall
ground for summary dismissal constitute indirect contempt of
with prejudice and shall court, without prejudice to the
constitute direct contempt, as corresponding administrative and
well as a cause for criminal actions. If the acts of the
administrative sanctions. party or his (or her) counsel
clearly constitute willful and
deliberate forum shopping, the
same shall be ground for
summary dismissal with prejudice
and shall constitute direct
contempt, as well as a cause for
administrative sanctions.
RULE 7
PROVISION PROVISION
Sec. 6. Contents NO ORIGINAL PROVISION Every pleading stating a ❑ This is a new section which
party’s claims or defenses requires that, aside from
shall in addition to those stating the party’s claims or
mandated by Section 2, defenses, every pleading
Rule 7, state the following: must state the following
(a) Names of witnesses who items: (a) the names of
will be presented to prove a witnesses who will be
party’s claim or defense; presented; (b) summary of
(b) Summary of the the witnesses’ intended
witnesses’ intended testimonies, with their
testimonies, provided that judicial affidavits attached
the judicial affidavits of said to the pleading; and (c)
witnesses shall be attached documentary and object
to the pleading and form an evidence in support of the
integral part thereof. Only allegations contained in the
witnesses whose judicial pleadings.
affidavits are attached to the ❑ In item (b), no other witness
pleading shall be presented or affidavit shall be heard
by the parties during trial. or admitted, except for
Except if a party presents meritorious reasons to
meritorious reasons as serve as basis for the
basis for the admission of admission of additional
additional witnesses, no witnesses
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.
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
PROVISION PROVISION
Sec. 1. In general Every pleading shall contain in a Every pleading shall contain in a ❑ The amendment in the first
methodical and logical form, a methodical and logical form, a paragraph of Sec. 1 requires
plain, concise and direct plain, concise and direct that every pleading shall
statement of the ultimate facts on statement of the ultimate facts, contain, not only stating the
which the party pleading relies for including the evidence on ultimate facts, but also the
his claim or defense, as the case which the party pleading relies for evidence relied upon by the
may be, omitting the statement of his claim or defense, as the case party for his/her claim or
mere evidentiary facts. may be, omitting the statement of defense
mere evidentiary facts.
If a defense relied on is based on
law, the pertinent provisions If a cause of action or defens e ❑ The amendments herein
thereof and their applicability to relied on is based on law, the added “a cause of action”
him shall be clearly and concisely pertinent provision thereof and which may be based on law
stated. their applicability to him or her and clearly and concisely
shall be clearly and concisely stated, aside from being
stated. gender-based.
Sec. 6. Judgment In pleading a judgment or In pleading a judgment or ❑ The amendment in the second
decision of a domestic or foreign decision of a domestic or foreign sentence of Sec. 6 requires an
court, judicial or quasi-judicial court, judicial or quasi-judicial “authenticated copy” of the
tribunal, or of a board or officer, it tribunal, or of a board or officer, it judgment or decision of a
is sufficient to aver the judgment is sufficient to aver the judgment domestic or foreign court,
or decision without setting forth or decision without setting fort h judicial or quasi-judicial
matter showing jurisdiction to matter showing jurisdiction to tribunal, or of a board or
render it. render it. An authenticated officer, subject of a pleading.
copy of the judgment or
decision shall be attached to
the pleading.
NOTE: No amendment in Sec. 2 (Alternative causes of action or defenses), Sec. 3 (Conditions precedent), Sec. 4
(Capacity), Sec. 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)
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS – cont.
Sec. 7. Action or Whenever an action or defense is Whenever an action or defense is based ❑ The amendment in Sec. 7
defense based on based upon a written instrument or upon a written instrument or document, deleted the last sentence
document, the substance of such the substance of such instrument or thereof that recognized that the
document instrument or document shall be set document shall be set forth in the “copy (of the written instrument
forth in the pleading, and the original or pleading, and the original or a copy or document relied on for an
a copy thereof shall be attached to the thereof shall be attached to the pleading action or defense) may with like
pleading as an exhibit, which shall be as an exhibit, which shall be deemed to effect set forth in the pleading”
deemed to be a part of the pleading, or be a part of the pleading.
said copy may with like effect set forth
in the pleading.
Sec. 11. Allegations Material averment in the complaint, Material averments in a pleading ❑ The amendment in Sec. 11
not specifically other than those as to the amount of asserting a claim or claims, other than involves changing the reference
unliquidated damages, shall be those as to the amount of unliquidated to a “complaint” into a “pleading
denied deemed deemed admitted when not specifically damages, shall be deemed admitted asserting a claim or claims”
admitted denied. Allegations of usury in a when not specifically denied. Allegations
complaint to recover usurious interest of usury in a complaint to recover
are deemed admitted if not denied usurious interest are deemed admitted if
under oath. not denied under oath.
Sec. 12. Affirmative NO ORIGINAL PROVISION (a) A defendant shall raise his (or her) ❑ This is a new section.
defenses affirmative defenses in his (or her) ❑ The amendment lists affirmative
answer, which shall be limited to the defenses that can be raised in
reasons set forth under Section 5(b), an answer, such as: (1) the
Rule 6, and the following grounds: court has no jurisdiction over
1. That the court ha s no juri sdiction the person of the defending
over the person of the defending party; (2) the venue is
party; improperly laid; (3) the plaintiff
2. That the venue is improperly laid; has no legal capacity to sue; (4)
3. That the plaintiff has no legal the pleading asserting the claim
capacity to sue; states no cause of action; and
4. That the pleading asserting the (5) a condition precedent for
claim states no cause of action; and filing the claim has not been
5. That a condition precedent for filing complied with\
the claim has not been complied with. ❑ The above affirmative defenses
are in addition to those
mentioned in Sec. 5(b), Rule 6
RULE 8
PROVISION PROVISION
Sec. 12. Affirmative (b) Failure to raise the ❑ The affirmative defenses should be
affirmative defenses at the raised at the earliest opportunity, and
defenses – cont. earliest opportunity shall failure to do so shall constitute a
constitute a waiver thereof. waiver thereof.
(c) The court shall motu proprio ❑ The court, motu proprio, should
resolve the above affirmative resolve the affirmative defenses
defenses within thirty (30) within 30 calendar days from the filing
calendar days from the filing of of the answer, if said defenses are
the answer. based on the 5 grounds in Sec. 12(a),
Rule 8.
(d) As to the other affirmative ❑ If the affirmative defenses are based
defenses under the first on Sec. 5(b), Rule 6, (such as fraud,
paragraph of Section 5(b), Rule statute of limitations, release,
6, the court may conduct a payment, illegality, statute of frauds,
summary hearing within fifteen estoppel, former recovery, discharge
(15) calendar days from the filing in bankruptcy and another other by
of the answer. Such affirmative way of confession and avoidance),
defenses shall be resolved by the court may conduct a summary
the court within thirty (30) hearing within 15 calendars from the
calendar days from the filing of the answer and the same
termination of the summary shall be resolved within 30 calendar
hearing. days from the termination of the
summary hearing.
(e) Affirmative defenses, if ❑ Affirmative defenses, if denied,
denied, shall not be subject of a cannot be the subject of a motion for
motion for reconsideration or reconsideration or a petition for
petition for certiorari, prohibition certiorari, prohibition, mandamus, but
or mandamus, but may be may be raised on appeal after
among the matters to be raised judgment on the merits.
on appeal after a judgment on
the merits.
RULE 8
PROVISION PROVISION
Sec. 13. Striking out of Upon motion made by a party Upon motion made by a party ❑ The amendments in Sec.
pleading or matter before responding to a before responding to a pleading 13 (which was re-
pleading or, if no responsive or, if no responsive pleading is numbered) emphasizes
contained therein
pleading is permitted by these permitted by these Rules, upon that the period for a party
Rules, upon motion made by a motion made by a party within to, for one, move to have
party within twenty (20) days twenty (20) calendar days after a pleading or any sham or
after the service of the the service of the pleading upon false, redundant,
pleading upon him, or upon him or her, or upon the court’s immaterial, impertinent or
the court’s own initiative at own initiative at any time, the scandalous matter be
any time, the court may order court may order any pleading to stricken out should be 20
any pleading to be stricken out be stricken out or that any calendar days after
or that any sham or false, sham or false, redundant, service of a pleading upon
redundant, immaterial, immaterial, impertinent, or said party.
impertinent, or scandalous scandalous matter be stricken ❑ Also, the amendment is
matter be stricken out out therefrom. only gender-based..
therefrom.
RULE 9
EFFECT OF FAILURE TO PLEAD
PROVISION PROVISION
Sec. 3. Default; (e) Where no defaults (e) Where no defaults allowed. ❑ No amendment in the first
Declaration of allowed. – If the defending – If the defending party in paragraph of Sec. 3, as
party in action for annulment action for annulment or well as in the following
or declaration of nullity of declaration of nullity of items: (a) Effect of order of
marriage or for legal marriage or for legal default; (b) Relief from
separation fails to answer, the separation fails to answer, the order of default; (c) Effect
court shall order the court shall order the Solicitor of partial default; and, (d)
prosecuting attorney to General or his or her Extent of relief to be
investigate whether or not a deputized public prosecutor awarded.
collusion between the parties to investigate whether or not a ❑ The amendment in item (e)
exists, and if there is no collusion between the parties of Sec. 3 identifies requires
collusion between the parties exists, and if there is no the Solicitor General or his
exists, and if there is no collusion between the parties or her deputized public
collusion, to intervene for the exists, and if there is no prosecutor (not just the
State in order to see to it that collusion, to intervene for the prosecuting attorney) to
the evidence submitted is not State in order to see to it that investigate whether or not a
fabricated. the evidence submitted is not collusion between the
fabricated. parties if the defending
party in action for
annulment or declaration of
nullity of marriage or for
legal separation fails to
answer.
NOTE: No amendment in Sec. 1 (Defenses and objections not pleaded) and Sec. 2 (Compulsory counterclaim, or
cross-claim, not set up barred)
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
PROVISION PROVISION
Sec. 2. Amendments as A party may amend his pleading A party may amend his pleading ❑ The amendment in Sec. 2
once as a matter of right at any once as a matter of right at any emphasizes that the period to
a matter of right time before a responsive time before a responsive amend a pleading, aside from
pleading is served or, in the case pleading is served or, in the case any time before a responsive
of a reply, at any time within ten of a reply, at any time within ten pleading is filed, is 10
(10) days after it is served. (10) calendar days after it is calendar days after a reply is
served. served.
Sec. 3. Amendments by Except as provided in the next Except as provided in the next ❑ The amendment in Sec. 3
preceding section, substantial preceding section, substantial added 2 more reasons when
leave of court amendments may be made only amendments may be made only the court may refuse
upon leave of court. But such upon leave of court. But such amendments by leave of
leave may be refused if it leave shall be refused if it court, such as when the
appears to the court that the appears to the court that the amendment is intended to
motion was made with intent to motion was made with intent to confer jurisdiction to the court
delay. Orders of the court upon delay or confer jurisdiction on or the pleading states no
the matters provided in this the court, or the pleading cause of action from the
section shall be made upon stated no cause of action from beginning which could be
motion filed in court, and after the beginning which could be amended.
notice to the adverse party, and amended. Orders of the court
an opportunity to be heard. upon the matters provided in this
section shall be made upon
motion filed in court, and after
notice to the adverse party, and
an opportunity to be heard.
NOTE: No amendment in Sec. 1 (Amendments in general), Sec. 4. (Formal amendments) and Sec. 7 (Filing of
amended pleadings)
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS – cont.
PROVISION PROVISION
Sec. 5. No amendment When issues not raised by the When issues not raised by the ❑ The amendment in Sec. 5
necessary to conform to pleadings are tried with the pleadings are tried with the includes deleting all the
express or implied consent of express or implied consent of sentences after the first
or authorize presentation
the parties, they shall be the parties, they shall be sentence. Instead, a new
of evidence treated in all respects as if treated in all respects as if they sentence is included
they had been raised in the had been raised in the which provides that no
pleadings. Such amendment pleadings. No amendment of amendment of a pleading
of the pleadings as may be such pleadings deemed deemed amended (when
necessary to cause them to amended is necessary to issues not raised are tried
conform to the evidence and cause them to conform to the with the consent of the
to raise these issues may be evidence. parties) is necessary to
made upon motion of any make it conform to the
party at any time, even after evidence.
judgment; but failure to amend
does not affect the result of
the trial of these issues. If
evidence is objected to at the
trial on the ground that it is not
within the issues made by the
pleadings, the court may allow
the pleadings to be amended
and shall do so with liberality if
the presentation of the merits
of the action and the ends of
substantial justice will be
subserved thereby. The court
may grant a continuance to
enable the amendment to be
made.
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS – cont.
PROVISION PROVISION
Sec. 6. Supplemental Upon motion of a party the Upon motion of a party the ❑ The amendments in Sec.
pleadings court may, upon reasonable court may, upon reasonable 6 is gender-based and
notice and upon such terms notice and upon such terms as emphasizes that the
as are just, permit him to are just, permit him or her to period for an adverse
serve a supplemental serve a supplemental pleading party to submit a pleading
pleading setting forth setting forth transactions, to a supplemental
transactions, occurrences or occurrences or events which pleading is within 10
events which have happened have happened since the date calendar days from notice
since the date of the pleading of the pleading sought to be of the order admitting the
sought to be supplemented. supplemented. The adverse supplemental pleading.
The adverse party may plead party may plead thereto within
thereto within ten (10) days ten (10) calendar days from
from notice of the order notice of the order admitting the
admitting the supplemental supplemental pleading.
pleading.
Sec. 8. Effect of An amended pleading An amended pleading ❑ The amendment in Sec. 8
amended pleadings supersedes the pleading that supersedes the pleading that it is only replacing the word
it amends. However, amends. However, admissions “received” to “offered”, so
admissions in superseded in superseded pleadings may that admissions in
pleadings may be received in be offered in evidence against superseded or amended
evidence against the pleader, the pleader, and claims or pleadings may be offered
and claims or defenses defenses alleged therein not in evidence against the
alleged therein not incorporated in the amended pleader
incorporated in the amended pleading shall be deemed
pleading shall be deemed waived.
waived.
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
PROVISION PROVISION
Sec. 1. Answer to the The defendant shall file his answer The defendant shall file his answer ❑ The amendment in Sec. 1
to the complaint within fifteen (15) to the complaint within thirty (30) requires that the period to answer
complaint days after service of summons, calendar days after service of is now 30 calendar days (no
unless a different period is fixed by summons, unless a different period longer 15 days) after service of
the court. is fixed by the court. summons.
Sec. 2. Answer of a Where the defendant is a foreign Where the defendant is a foreign ❑ The amendment in Sec. 2
private juridical entity and service of private juridical entity and service of requires that the period to answer
defendant foreign summons is made on the summons is made on the for a foreign private juridical entity
private juridical entity government official designated by government official designated by is now 60 calendar days (no
law to receive the same, the answer law to receive the same, the answer longer 30 days) after receipt of
shall be filed within thirty (30) days shall be filed within sixty (60) summons.
after receipt of summons by such calendar days after receipt of
entity. summons by such entity.
Sec. 3. Answer to Where the plaintiff files an amended Where the plaintiff files an amended ❑ The amendment in Sec. 3, for
complaint as a matter of right, the complaint as a matter of right, the one, requires that the period to
amended complaint defendant shall answer the same defendant shall answer the same answer an amended complaint
within fifteen (15) days after being within thirty (30) calendar days (filed as a matter of right) is now
served with a copy thereof. after being served with a copy 30 calendar days (not 15 days)
thereof. after the defendant is served a
Where its filing is not a matter of copy of the amended complaint.
right, the defendant shall answer the Where its filing is not a matter of ❑ Also, when the filing of an
amended complaint within ten (10) right, the defendant shall answer the amended complaint is not a
days from notice of the order amended complaint within fifteen matter of right, the answer thereto
admitting the same. An answer (15) calendar days from notice of is within 15 calendar days (not 10
earlier filed may serve as the the order admitting the same. An days) after notice of the order
answer to the amended complaint if answer earlier filed may serve as admitting the amended complaint.
no new answer is filed. the answer to the amended ❑ No amendment in the last
complaint if no new answer is filed. paragraph of Sec. 3
NOTE: No amendment in Sec. 5 (Answer to third [fourth, etc.]-party complaint), Sec. 8 (Existing counterclaim or cross-
claim), Sec. 9 (Counterclaim or cross-claim arising after answer), and Sec. 10 (Omitted counterclaim or cross-claim)
RULE 11
WHEN TO FILE RESPNSIVE PLEADINGS– cont.
PROVISION
Sec. 4. Answer to A counterclaim or cross-claim must A counterclaim or cross-claim must be ❑ The amendment in Sec. 4
counterclaim or be answered within ten (10) days answered within twenty (20) calendar days requires that the period to
from service. from service. answer a counterclaim or cross-
cross claim claim is 20 calendar days.
Sec. 6. Reply A reply may be filed within ten (10) A reply, if allowed under Section 10, Rule ❑ The amendment in Sec. 6
days from service of the pleading 6 hereof, may be filed within fi fteen (15) requires that the period to file a
responded to. calendar days from service of the pleading reply (if allowed under Sec. 10,
responded to. Rule 6) is now 15 calendar days
(not 10 days) from service of the
pleading to be responded to
Sec. 7. Answer to A supplemental complaint may be A supplemental complaint may be ans wered ❑ The amendment in Sec. 7
supplemental answered within ten (10) days from within twenty (20) calendar days from requires that the period to file an
notice of the order admitting the notice of the order admitting the same, answer to a supplemental
complaint same, unless a different period is unless a different period is fixed by the complaint is now 20 calendar
fixed by the court. The answer to court. The answer to the complaint shall days (no longer 10 days) from
the complaint shall serve as the serve as the answer to the supplemental notice of the order admitting said
answer to the supplemental complaint if not new or supplemental complaint
complaint if not new or answer is filed.
supplemental answer is filed.
Sec. 11. Extension Upon motion and on such terms as A defendant may, for meritorious ❑ The amendment in Sec. 11
of time to file an may be just, the court may extend reasons, be granted an additional period provides that, for meritorious
the time to plead provided in these of not more than thirty (30) calendar reasons, a defendant may have
answer Rules. days to file an answer. A defendant is an additional period of not more
only allowed to file one (1) motion for than 30 calendar days to file an
The court may also, upon like extension of time to file an answer. answer. Also, only one motion
terms, allow an answer or other for extension of time is allowed.
pleading to be filed after the time A motion for extension to file any ❑ A motion for extension to file any
fixed by these Rules. pleading, other than an answer, is other pleading, other than an
prohibited and considered a mere scrap answer, is a prohibited and a
of paper. The court, however, may allow mere scrap of paper. Any other
any other pleading to be filed after the time pleading may be allowed to be
fixed by these Rules. filed by the court after the time
fixed by the Rules.
RULE 12
BILL OF PARTICULARS
Sec. 1. When Before responding to a pleading, a party Before responding to a pleading, a party ❑ The amendments in Sec. 1
may move for a definite statement or for may move for a definite statement or for a are gender-based and
applied for, purpose a bill of particulars of any matter, which bill of particulars of any matter, which is requires that, aside from
is not averred with sufficient not averred with sufficient definiteness or before responding to a
definiteness or particularity, to enable particularity, to enable him or her properly pleading, the period to file a
him properly to prepare his responsive to prepare his or her responsive pleading. motion for bill of particulars is
pleading. If the pleading is a reply, the If the pleading is a reply, the motion must 10 calendar days from the
motion must be filed within ten (10) be filed within ten (10) calendar days from service of a reply.
days from service thereof. Such motion service thereof. Such motion shall point
shall point out the defects complained out the defects complained of, the
of, the paragraphs wherein they are paragraphs wherein they are contained,
contained, and the details desired. and the details desired.
Sec. 3. Compliance If the motion is granted, either in whole If the motion is granted, either in whole or ❑ The amendment in Sec. 3
or in part, the compliance therewith in part, the compliance therewith must be requires that, once the motion
with order must be effected within ten (10) days effected within ten (10) calendar days for bill of particulars is
from notice of the order, unless a from notice of the order, unless a different granted, the compliance
different period is fixed by the court. period is fixed by the court. The bill of therewith must be within 10
The bill of particulars or a more definite particulars or a more definite statement calendar days from notice of
statement ordered by the court may be ordered by the court may be filed either in the order.
filed either in a separate or in an a separate or in an amended pleading,
amended pleading, serving a copy serving a copy thereof on the adverse
thereof on the adverse party. party.
Sec. 5. Stay of After service of the bill of particulars or After service of the bill of particulars or of ❑ The amendment in Sec. 5
of a more definite pleading, or after a more definite pleading, or after notice of requires that after a bill of
period to file notice of denial of his motion, the denial of his motion, the moving party may particulars or a more definite
responsive pleading moving party may file his responsive file his responsive pleading within the pleading is filed, or after
pleading within the period to which he period to which he was entitled at the time notice of denial of the motion
was entitled at the time of filing his of filing his motion, which shall not be less for such, the moving party
motion, which shall not be less than five than five (5) calendar days in any event. file his responsive pleading
(5) days in any event. within the period to which he
is entitled to, but not less than
5 calendar days in any event
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
PROVISION
Sec. 1. Coverage This Rule shall govern the filing This Rule shall govern the filing of all ❑ The amendment in Sec. 1
of all pleadings and other pleadings, motions and other court provided that Rule 13 shall
papers, as well as the service submissi ons and other papers, as well govern the filing, not only of
thereof, except those for which a as the service thereof, except those for pleadings, but also of “motions
different mode of service is which a different mode of service is and other court submissions”
prescribed. prescribed.
Sec. 2. Filing and Filing is the act of presenting the Filing is the act of submitting the ❑ The amendment in Sec. 2
pleading or other paper to the pleading or other paper to the court. involves, for one, a change in the
service, defined clerk of court. Service is the act of providing a party definition of what “filing” means,
with a copy of the pleading or any which is to submit a pleading or
Service is the act of providing a other court submissi on. If a party has paper to the court (no longer to
party with a copy of the pleading appeared by counsel, service upon the clerk of court). Also, service
or paper concerned. If any party such party shall be made upon his or of a pleading or any other court
has appeared by counsel, her counsel or one of them, unless submission may be ordered to a
service upon him shall be made service upon the party and the party’s party or his/her counsel
upon his counsel or one of them, counsel is ordered by the court. Where ❑ A counsel representing several
unless service upon the party one counsel appears for several parties is entitled to only one
himself is ordered by the court. parties, such counsel shall only be copy of any paper served by the
Where one counsel appears for entitled to one copy of any paper opposite side
several parties, he shall only be served upon him by the opposite side. ❑ As a new provision, the
entitled to one copy of any paper designated lead counsel for
served upon him by the opposite Where several counsels appear for several counsels appearing for
side. one party, such party shall be one party is entitled to a copy of
entitled to only one copy of any any pleading or paper from the
pleading or paper to be served upon opposite side. If there is no
the lead counsel if one is designated lead counsel, service
designated, or upon any one of them of one copy to any counsel will
if there is no designation of a lead suffice.
counsel.
NOTE1: No amendment in Sec. 4 (Papers required to be filed and served) and Sec. 8 (Substituted service)
NOTE2: No amendment in Sec. 19 (Notice of lis pendens) except the re-numbering thereof (used to be Sec. 14)
RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.
PROVISION PROVISION
Sec. 3. Manner of filing The filing of pleadings, The filing of pleadings and other ❑ The amendment in Sec. 3
appearances, motions, notices, submissions shall be made by: involves lumping all
orders, judgments and all other (a) Submitting personally the “appearances, motions,
papers shall be made by original thereof, plainly notices, orders, judgments
presenting the original copies indicated as such, to the court; and all other papers” as
thereof, plainly indicated as such, (b) Sending them by registered “other submissions”.
personally to the clerk of court or mail; ❑ In item (a), the submissions
by sending them by registered (c) Sending them by accredited are no longer specifically
mail. In the first case, the clerk of courier; or submitted to the clerk of
court shall endorse on the (d) Transmitting them by court, but to the court itself
pleading the date and hour of electronic mail or other ❑ In items (c) and (d), sending
filing. In the second case, the electronic means as may be the submissions by
date of the mailing of motions, authorized by the Court in accredited courier or
pleadings, or any other papers or places where the court i s transmitting them via email
payments or deposits, as shown electronically equipped or electronic means are new
by the post office stamp on the modes of filing pleadings,
envelope or the registry receipt, In the first case, the clerk of court aside from via registered
shall be considered as the date of shall endorse on the pleading the mail
their filing, payment or deposit in date and hour of filing. In the ❑ There is no amendment on
court. The envelope shall be second and third cases, the date the work of the clerk of court
attached to the record of the of the mailing of motions, regarding the first kind of
case. pleadings, or any other papers or filing (submitted to the court).
payments or deposits, as shown by ❑ The second and third kinds
the post office stamp on the of filing (registered mail or
envelope or the registry receipt, courier) are recorded based
shall be considered as the date of on the date of mailing.
their filing, payment or deposit in ❑ The fourth kind of filing (via
court. The envelope shall be email) is a new provision and
attached to the record of the case. the date of transmission is
In the fourth case, the date of the date of filing.
electronic transmi ssion shall be
considered as the date of filing.
RULE 13
PROVISION PROVISION
Sec. 5. Modes of service Service of pleadings, motions, Pleadings, motions, notices, ❑ The amendment in Sec. 5
notices, orders, judgments orders, judgments, and other provides that the service of
and other papers shall be court submi ssions shall be pleadings, motions, notices,
made either personally or by served personally or by order, judgments and other
registered mail, accredited court submissions may be
mail.
courier, electronic mail(,) done, not only personally,
facsimile transmi ssion, other but also either by registered
electronic means as may be mail, accredited courier,
authorized by the Court, or as email, facsimile
provided for in international transmission, or other
conventions to which the electronic means (authorized
Philippines is a party. by the court or provided for
in international conventions)
Sec. 6. Personal service Service of the papers may be Court submissi ons may be ❑ The amendment in Sec. 6
made by delivering personally served by personal delivery of a provides that, aside from
a copy to the party or his copy to the party or to the party’ s personal delivery of court
counsel, or by leaving by counsel, or to their authorized submissions to the party or
representative named in the to the party’s counsel, this
leaving it in his office with his
appropriate pleading or motion, may also be done to the
clerk or with a person having or by leaving by leaving it in his or authorized representative of
charge thereof. If no person is her office with his or her clerk or a party named in the
found in his office, or his office with a person having charge appropriate pleading or
is not known, or he has no thereof. If no person is found in his motion, Also, the some of
office, then by leaving the or her office, or his or her office is amendments are just
copy, between the hours of not known, or he or she has no gender-based.
eight in the morning and six in office, then by leaving the copy,
the evening, at the party’s or between the hours of eight in the
counsel’s residence, if known, morning and six in the evening, at
the party’s or counsel’s residence,
with a person of sufficient age
if known, with a person of sufficient
and discretion then residing age and discretion then residing
therein. therein.
RULE 13
PROVISION PROVISION
Sec. 7. Service by mail Service by registered mail shall Service by registered mail shall ❑ The amendments in Sec.
be made by depositing the be made by depositing the copy 7 are mostly about
copy in the post office, in a in the post office, in a sealed specific reference to the
sealed envelope, plainly envelope, plainly addressed to party’s counsel, gender-
addressed to the party or his the party or to the party’s based and to emphasize
counsel at his office, if known, counsel at his or her office, if that the period provided in
otherwise at his residence, if known, otherwise at his or her the instruction to the
known, with postage fully pre- residence, if known, with postage postmaster to return the
paid, and with instructions to fully pre-paid, and with mail to the sender is 10
the postmaster to return the instructions to the postmaster to calendar days.
mail to the sender after ten (10) return the mail to the sender after
days if undelivered. If no ten (10) calendar days if
registry service is available in undelivered. If no registry service
the locality of either the sender is available in the locality of
or the addressee, service may either the sender or the
be done by ordinary mail. addressee, service may be done
by ordinary mail.
Sec. 9. Service by NO ORIGINAL PROVISION Service by electronic means ❑ This is a new provision. It
electronic means and and facsimile shall be made if provides for service by
the party concerned consents electronic means or
facsimile
to such modes of service. facsimile if the parties
consent thereto.
Service by electronic means ❑ Service by electronic
shall be made by sending an e- means is made by
mail to the party’s or counsel’s sending an email to the
electronic mail address, or party’s or counsel’s email
through other electronic address, or through other
means of transmission as the electronic means of
parties may agree on, or upon transmission agreed upon
direction of the court. by the parties or upon
direction of the court.
RULE 13
PROVISION PROVISION
Sec. 9. Service by Service by facsimile shall be ❑ This is new provision allows
made by sending a facsimile service by facsimile by sending a
electronic means and copy to the party’s or counsel’ s facsimile copy to the facsimile
facsimile – cont. given facsimile number. number of the party or counsel
Sec. 10. Presumptive NO ORIGINAL PROVISION There shall be presumptive ❑ This is a new section that provides
notice to a party of a court that there is “presumptive notice”
service setting if such notice appears on to a party of a court setting if the
the records to have been mailed notice appears on record to have
at least twenty (20) calendar days been mailed at least 20 calendar
prior to the scheduled date of days prior to the scheduled
hearing and if the addressee is hearing (if addressee is from within
from within the judicial region, or the judicial region) or at least 30
at least thirty (30) calendar days calendar days (if addressee is
if the addressee is from outside from outside the judicial region)
the judicial region. prior to the scheduled date of
hearing
Sec. 11. Change of NO ORIGINAL PROVISION A party who changes his or her ❑ This is a new section. It requires a
electronic mail address or party to notify a change in his or
electronic mail facsimile number while the action her email address or facsimile
address or facsimile is pending must promptly file, number within 5 calendar days
number within five (5) calendar days from from such change and serve the
such change, a notice of change notice on all other parties.
of e-mail address or facsimile
number with the court and serve
the notice on all other parties.
Service through the electronic ❑ Service through email address or

mail address or facsimile number facsimile number on record is
of a party shall be presumed valid, unless there is a change
valid unless such party notifie s therein.
the court of any change, as
aforementioned.
RULE 13
PROVISION PROVISION
Sec. 12. Electronic mail NO ORIGINAL PROVISION The subject of the electronic ❑ This is a new provision. It
mail and facsimile must follow requires that the subject of the
and facsimile subject the prescribed format: case email or facsimile must be in a
and title of pleadings number, case title and the prescribed format.
and other documents pleading, order or document ❑ Also, an electronically-filed or
title. The title of each served pleading/document or
electronically-filed or served each submission served by
pleading or other document, facsimile should contain
and each submi ssion served by sufficient information for the
facsimile shall contain court to ascertain: (a) the party
sufficient information to enable or parties filing or serving the
the court to ascertain from the paper, (b) the nature thereof,
title: (a) the party or parties (c) the party or parties against
filing or serving the paper, (b) whom the relief is sought and
nature of the paper, (c) the (d) the nature of the relief
party or parties against whom sought
relief, if any, is sought, and (d)
the nature of the relief sought.
Sec. 13. Service of Judgments, final orders or Judgments, final orders or ❑ This used to be Sec. 9.
resolutions shall be served resolutions shall be served either ❑ The amendment in Sec. 13
judgments, final orders or personally or by registered mail. provides that, aside from
either personally or by
resolutions Upon ex-parte motion of any personal service or by
registered mail. When a
party in the case, a copy of the registered mail, judgments,
party summoned by
judgment, final order, or final orders or resolutions may
publication has failed to resolution may be delivered by be delivered, upon ex-parte
appear in the action, accredited courier at the motion of any party, by
judgments, final orders or expense of such party. When a accredited courier at the
resolutions against him shall party summoned by publication expenses of such party. Also,
be served upon him also by has failed to appear in the action, the other amendments are just
publication at the expense of judgments, final orders or gender-based.
the prevailing party. resolutions against him or her
shall be served upon him or her
also by publication at the expense
of the prevailing party.
RULE 13
ORIGINAL PROVISION AMENDED PROVISION REMARKS
SECTION
Sec. 14. NO ORIGINAL PROVISION Notwithstanding the foregoing, the ❑ This is a new section. It provides
following orders, pleadings and that personal or registered mail is
Conventional other documents must be served or allowed on certain pleadings or
service or filing of filed personally or by registered mail documents, such as (a) initiatory
orders, pleadings when allowed, and shall not be and initial responsive pleadings,
served or filed electronically, unless (b) subpoenas protection orders
and other
express permission is granted by and writs, (c) appendices and
documents the Court. exhibits to motions, or other
(a) Initiatory pleadings and initial documents that cannot be
responsi ve pleadings, such as an electronically scanned, and (d)
answer; sealed and confidential
(b) Subpoenas(,) protection orders documents or records, unless
and writs; express permission is granted by
(c) Appendices and exhibits to the court that these be served or
motions, or other documents that filed electronically
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.
Sec. 15. Personal service is complete Personal service is complete upon ❑ This used to be Sec. 10.
upon actual delivery. Service by actual delivery. Service by ordinary ❑ The amendments, aside from just
Completeness of ordinary mail is complete upon mail is complete upon the expiration of being gender-based, include
service the expiration of ten (10) days ten (10) calendar days after mailing, emphasizing that service by
after mailing, unless the court unless the court otherwise provides. ordinary mail is complete upon
otherwise provides. Service by Service by registered mail is complete the expiration of 10 calendar
registered mail is complete upon upon actual receipt by the addressee, days after mailing
actual receipt by the addressee, or after five (5) calendar days from the ❑ Also, service by registered mail
or after five (5) days from the date he or she received the first notice is complete upon actual receipt
date he received the first notice of the postmaster, whichever date is by the addressee, or after 5
of the postmaster, whichever earlier. Service by accredited courier calendar days from the date
date is earlier. is complete upon actual receipt by he/she received the postmaster’s
the addressee, or after at least first notice
RULE 13
PROVISION PROVISION
Sec. 15. addressee, or after five (5) two (2) attempts to deliver ❑ The last sentence in Sec. 15 is a new
days from the date he by the courier service, or provision. It provides that service by
Completeness of received the first notice of upon the expiration of five accredited courier is complete upon
service – cont. the postmaster, whichever (5) calendar days after the actual receipt by the addressee, or after
date is earlier. first attempt to deliver, at least 2 attempts to deliver by courier
whichever is earlier. service, or after 5 calendar days after the
first attempt to deliver, whichever is
NO ORIGINAL PROVISION Electronic service is earlier
complete at the time of the
electronic transmi ssion of ❑ The second paragraph of Sec. 15 is a
the document, or when new provision. It provides that electronic
available, at the time that service is complete at the time of the
the electronic notification of electronic transmission of the document
service of the document or, when available, that the electronic
sent. Electronic service is notification of service of the document
not effective or complete if sent. In addition, there is no effective or
the party serving the complete electronic service if the party
document learns that it did serving the document learns that the
not reach the addressee or transmission did not reach the
person to be served. addressee.
Service by facsimile ❑ The third paragraph of S ec. 15 is also a

transmi ssion is complete new provision. It provides that service by
upon receipt by the other facsimile transmission is complete upon
party, as indicated in the receipt by the other party, as indicated in
facsimile transmi ssion the facsimile transmission printout.
printout.
Sec. 16. Proof of filing The filing of a pleading or The filing of a pleading or any ❑ This used to be Sec. 12.
paper shall be proved by other court submi ssion shall ❑ The amendment includes, among others,
its existence in the record be proved by its existence in replacing “paper” with “any other court
of the case. If it is not in the record of the case. submission” the filing of which shall be
proved by its existence in the record of
the record, but is claimed
the case
NOTE: The old Sec. 11 (Priorities in modes of service and filing) was DELETED.
RULE 13
PROVISION PROVISION
Sec. 16. Proof of filing – to have been filed (a) If the pleading or any other ❑ Item (a) pertains to pleading or
personally, the filing shall be court submi ssion is not in the any other court submission, if
cont. record, but is claimed to have not in the record, the filing of
proved by the written or
stamped acknowledgment of been filed personally, the filing which may be proved by the
shall be proved by the written or written or stamped
its filing by the clerk of court
stamped acknowledgment of its acknowledged of its filing by
on a copy of the same; if filing by the clerk of court on a the clerk of court on a copy of
filed by registered mail, by copy of the pleading or the pleading submitted
the registry receipt and by submission(.)
the affidavit of the person (b) If the pleading or any other ❑ Item (b) refers to a pleading or
who did the mailing, court submi ssion was filed by any other court submission
containing a full statement of registered mail, the filing shall be filed by registered mail, the
the date and place of proven by the registry receipt and filing of which is proven by the
depositing the mail in the by the affidavit of the person who registry receipt and affidavit of
post office in a sealed mailed it, containing a full the person who mailed it
statement of the date and place of (containing full statement of
envelope addressed to the
depositing the mail in the post date and place of depositing
court, with postage fully office in a sealed envelope the mail, with postage fully
prepaid, and with instructions addressed to the court, with prepaid, and with instructions
to the postmaster to return postage fully prepaid, and with to the postmaster to return the
the mail to the sender after instructions to the postmaster to mail to the sender after 10
ten (10) days if not delivered. return the mail to the sender after calendar days if not delivered
ten (10) calendar days if not
delivered.
(c) If the pleading or any other ❑ Item (c) pertains to a pleading
court submissi on was filed or any other court submission
through an accredited courier filed through an accredited
service, the filing shall be courier, the filing of which is
proven by an affidavit of service proven by an affidavit of
of the person who brought the service of the person who
pleading or other document to brought the pleading or other
the service provider, together document to the service
with the courier’s official provider, together with the
receipt and document tracking courier’s official receipt and
number. document tracking number
RULE 13
PROVISION PROVISION
Sec. 16. Proof of filing (d) If the pleading or any other ❑ Item (d) refers to a pleading or
court submissi on was filed by any other court submission filed
– cont. electronic mail, the same shall by electronic mail, the filing of
be proven by an affidavit of which is proven by an affidavit
electronic filing of the filing of electronic filing of the filing
party accompanied by a paper party, with a (i) paper copy of
copy of the pleading or other the pleading or other document
document transmitted or a transmitted or (ii) written or
written or stamped stamped acknowledgment of its
acknowledgment of its filing by filing by the clerk of court If the
the clerk of court. If the paper paper copy sent by electronic
copy sent by electronic mail was mail was filed by registered
filed by registered mail, mail, paragraph or item (b)
paragraph (b) of this Section herein applies
applies.
(e) If the pleading or any other ❑ Item (e) pertains to a pleading
court submissi on was filed or any other court submission
through other authorized filed through other authorized
electronic means, the same shall electronic means, the filing of
be proven by an affidavit of which is proven by an affidavit
electronic filing of the filing of electronic filing of the filing
party accompanied by a copy of party accompanied by a copy of
the electronic acknowledgment the electronic acknowledgment
of its filing by the court. of its filing by the court
Sec. 17. Proof of Proof of personal service shall Proof of personal service shall ❑ This used to be Sec. 13.
consist of a written admission consist of a written admission of
service the party served, or the official
of the party served, or the
official return of the server, or return of the server, or the affidavit
of the party serving, containing a
the affidavit of the party
full statement of the date, place
serving, containing a full and manner of service. If the
statement of the date, place service is by:
and manner of service. If the
service is by ordinary mail,
RULE 13
PROVISION PROVISION
Sec. 17. Proof of proof thereof shall consist of (a) Ordinary mail. – Proof shall ❑ Item (a) is just a repetition on how
an affidavit of the person consist of an affidavit of the person service by ordinary mail is proven
service – cont. mailing stating the facts showing as provided in the old Sec. 13
mailing of facts showing
compliance with section 7 of compliance with Section 7 (Service
by mail) of this Rule.
this Rule. If service is made
(b) Registered mail. – Proof shall be ❑ Item (b) is also a repetition on how
by registered mail, proof shall made by the affidavit mentioned service by registered mail is proven
be made by such affidavit and above and the registry receipt issued as provided in the old Sec. 13, with
the registry receipt issued by by the mailing office. The registry reference to the required affidavit of
the mailing office. The registry return card shall be filed immediately the person mailing
return card shall be filed upon its receipt by the sender, or in
immediately upon its receipt lieu thereof, the unclaimed letter
by the sender, or in lieu together with the certified or sworn
thereof, the unclaimed letter copy of the notice given by the
together with the certified or postmaster to the addressee.
(c) Accredited courier service. – ❑ Item (c) is a new provision. This
sworn copy of the notice given
Proof shall be made by an affidavit provides how service by accredited
by the postmaster to the of service executed by the person courier service is proven, which is
addressee. who brought the pleading or paper by an affidavit of service executed
to the service provider, together by the person who brought the
with the courier’s official receipt or pleading or paper to the service
document tracking number. provided, together with the
(d) Electronic mail, facsimile, or courier’s official receipt or
other authorized electronic means document tracking number
of transmi ssion. – Proof shall be ❑ Item (d) is a new provision. This
made by an affidavit of service refers to how electronic mail,
executed by the person who sent facsimile or other authorized
the e-mail, facsimile, or other electronic means of transmission is
electronic transmi ssion, together proven, which is by an affidavit of
with a printed proof of transmittal. service executed by the person
who sent the email, facsimile or
other electronic transmission,
together with a printed proof of
transmittal
RULE 13
PROVISION PROVISION
Sec. 18. Court-issued NO ORIGNAL PROVISION The court may electronically ❑ This is a new section.
serve orders and other ❑ It allows the court to
orders and other documents to all the parties in electronically serve orders and
documents. the case which shall have the other documents to all the
same effect and validity as parties in the case
provided herein. A paper copy ❑ Also, a paper copy of the order
of the order or other document or other document
electronically served shall be electronically served shall be
retained and attached to the retained and attached to the
record of the case. record of the case.
RULE 14
SUMMONS
PROVISION
Sec. 1. Clerk to Upon the filing of the complaint Unless the complaint is on its face ❑ The amendment in Sec. 1 in volves, among
and the payment of the requisite dismissible under Section 1, Rule 9 others, giving the court the discretion to
issue summons legal fees, the clerk of court shall (Defenses and ob jections not pleaded), the dismiss the case if, based on the pleading or
forthwith issue the corresponding court shall, within five (5) calendar days evidence on record, (i) the court has no
summons to the defendants. from receipt of the initiatory pleading and jurisdiction over the subject matter, or (ii) there
proof of payment of the requisite legal fees, is pendentia litia, or (iii) the action is barred by
direct the clerk of court to issue the a prior judgment (res judicata) or by the
corresponding summons to the defendant. 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 days from receipt of the initiatory
pleading and proof of payment of legal fees
Sec. 2. Contents The summons shall be directed to The summons shall be directed to the ❑ The amendment in Sec. 2 added item (b)
the defendant, signed by the clerk defendant, signed by the clerk of court under which provides that the summon may contain
of court under seal, and contain: seal, and contain: as well “an authorization for the plaintiff to
(a) the name of the court and the (a) The name of the court and the names of the serve summons to the defendant”, if so
names of the parties to the action; parties to the action; authorized by the court upon ex parte motion
(b) a direction that the defendant (b) When authorized by the court upon ex
answer within the time fixed by parte motion, an authorization for the
these Rules; (c) a notice that plaintiff to serve summons to the defendant;
unless the defendant so answers, (c) A direction that the defendant answer within
plaintiff take judgment by default the time fixed by these Rules; and
and may be granted the relief (d) A notice that unless the defendant so
applied for. answers, plaintiff take judgment by default and
may be granted the relief applied for.
A copy of the complaint and order
for appointment of guardian ad A copy of the complaint and order for
litem, if any, shall be attached to appointment of guardian ad litem, if any, shall
the original and each copy of the be attached to the original and each copy of the
summons. summons.
NOTE1: The old Sec. 4 (Return) was deleted.

NOTE2: No amendment in Sec. 15 (Service upon public corporation), Sec. 18 (Residents temporarily out of the Philippines) and
Sec. 19 (Leave of court), except the re-numbering thereof. These used to be Sec. 13, 16 and 17, respectively
RULE 14
SUMMONS – cont.
PROVISION
Sec. 3. By whom The summons ma be served The summons ma be served by the sheriff, his ❑ The amendment in the 1st par. of Sec. 1
by the sheriff, his deputy or deputy or other proper court officer, and in case allows the plaintiff to serve the summons
served other proper court officer, or for of failure of service of summons by them, the together with the sheriff, upon being
authorized by the court, in case of failure
justifiable reasons by any court may authorize the plaintiff to serve the
of the sheriff, his deputy or other proper
suitable person authorized by summons together with the sheriff.
court officer to do so
the court issuing the summons. ❑ The 2nd par. is a new provision that
In cases where summons i s to be served authorizes the plaintiff to serve the
outside the judicial region of the court where summons when it is to be served outside
the case is pending, the plaintiff shall be the judicial region of the court.
authorized to cause the service of summons.
❑ The 3rd par. is a new provision. When a
If the plaintiff is a juridical entity, it shall plaintiff is a juridical entity it shall notify
the court in writing (attaching a board
notify the court in writing, and name its
resolution or secretary’s certificate) of the
authorized representative therein, attaching a
name of its representative who is
board resolution or secretary’s certificate authorized to serve the summons on its
thereto, as the case may be, stating that such behalf.
representative is duly authorized to serve the
summons on behalf of the plaintiff.
❑ The 4th par. is a new provision. A
If the plaintiff misrepresents that the misrepresentation by the plaintiff that the
defendant was served summons, and it is summons was served, but proven not so,
shall result in the dismissal of the case,
later proved that no summons was served,
with prejudice, with the proceedings
the case shall be dismissed with prejudice,
nullified and the plaintiff subject to
the proceedings shall be nullified, and the sanctions.
plaintiff shall be meted appropriate sanctions.
❑ The 5th par. is a new provision. If
If summons i s returned without being served summons is not served on any or all of
on any or all of the defendants, the court shall the defendants, the plaintiff may be
order the plaintiff to cause the service of ordered to cause the service of summons
summons by other means available under the by other means.
❑ The 6th par. is a new provision. Failure of
Rules.
the plaintiff to comply with the order to
serve the summons shall cause the
Failure to comply with the order shall cause dismissal of the initiatory pleading without
the dismissal of the initiatory pleading prejudice.
without prejudice.
RULE 14
SUMMONS – cont.

PROVISION PROVISION
Sec. 4. Validity of If a summons is returned without Summons shall remain valid until ❑ This used to be Sec. 5
being served on any or all of the duly served, unless it i s recalled by (Issuance of alias summons).
summons and defendants, the server shall also the court. In case of loss or ❑ The amendment in Sec. 4
issuance of alias serve a copy of the return on the destruction of summons, the court includes the validity of
summons plaintiff’s counsel, stating the may, upon motion, issue an alias summons until duly served,
reasons for the failure of service, summons. unless recalled by the court..
within five (5) days therefrom. In Also, it is the court (not the
such a case, or if the summons has There is failure of service after clerk of court) who will issue
been lost, the clerk, on demand of unsucce ssful attempts to an alias summons.
the plaintiff, may issue an alias personally serve the summons on ❑ Failure of service is when
summons. the defendant in his address there are unsuccessful
indicated in the complaint. attempts to serve the
Substituted service should be in summons at the defendant’s
the manner provided under Section address indicated in the
6 of this Rule. complaint. Also, substituted
service of summons should be
pursuant to Sec. 6, Rule 14
(Substituted service).
Sec. 5. Service in Whenever practicable, the Whenever practicable, the summons ❑ This used to be Sec. 6.
summons shall be served by shall be served by handing a copy ❑ The amendment requires that
person on defendant handing a copy thereof to the thereof to the defendant in person the summons, when served
defendant in person, or, if he and informing the defendant that personally, should also inform
refuses to receive and sign for it, he or she is being served, or, if he defendant that “he or she is
by tendering it to him. or she refuses to receive and sign, by being served”. Also, when the
leaving the summons within the defendant refuses to receive
view and in the presence of the and sign, the summons should
defendant. be left within the view and in
the presence of the defendant.
RULE 14
SUMMONS – cont.

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

PROVISION PROVISION
Sec. 7. Service upon When persons associated in an When persons associated in an entity ❑ This used to be Sec. 8. The
entity without juridical personality without juridical personality are sued amendment only is changing
entity without juridical are sued under the name by which under the name by which they are the word “brought” to “filed.
personality they are generally or commonly generally or commonly known,
known, service may be effected service may be effected upon all the
upon all the defendants by serving defendants by serving upon any one
upon any one of them, or upon the of them, or upon the person in charge
person in charge of the office or of the office or place of business
place of business maintained in maintained in such name. But such
such name. But such service shall service shall not bind individually any
not bind individually any person person whose connection with the
whose connection with the entity entity has, upon due notice, been
has, upon due notice, been severed before the action was filed.
severed before the action was
brought.
Sec. 8. Service upon When the defendant is a prisoner When the defendant is a prisoner ❑ This used to be Sec. 9. The
confined in a jail or institution, confined in a jail or institution, service amendment, for one, is just
prisoners service shall be effected upon him shall be effected upon him or her by gender-based.
by the officer having the the officer having the management of ❑ Also, it requires the jail
management of such jail or such jail or institution who is deemed warden to file a return within 5
institution who is deemed deputized as a special sheriff for said calendar days from service of
deputized as a special sheriff for purpose. The jail warden shall file a summons to the defendant.
said purpose. return within five (5) calendar days
from service of summons to the
defendant.
Sec. 9. Service NO ORIGINAL PROVISION Service may be made through ❑ This is a new section. The
methods which are consi stent with amendment recognizes that
consistent with established international service may be made through
international conventions to which the methods which are consistent
conventions Philippines is a party. with established international
conventions to which the
Philippines is a party.
RULE 14
SUMMONS – cont.
PROVISION
Sec. 10. Service upon When the defendant is a minor, When the defendant is a minor, insane or ❑ The amendment in Sec. 10, for
insane or otherwise an otherwise an incompetent person, one, inserts the word “person”
minors and incompetent, service shall be service of summons shall be made when referring to an incompetent.
incompetents made upon him personally and upon him personally and on his or her ❑ It also provides that service on a
on his legal guardian if he has legal guardian if he or she has one, or if minor shall also be made on
one, or if none, upon his none, upon his or her guardian ad litem his/her parent or guardian.
guardian ad litem whose whose appointment shall be applied for ❑ The other amendments are just
appointment shall be applied by the guardian. In the case of a minor, gender-based.
for by the guardian. In the case service shall also be made on his or her
of a minor, service may also be parent or guardian.
made on his father or mother.
Sec. 11. Service upon NO ORIGINAL PROVISION When spouse s are sued jointly, ❑ This is a new section. The
service of summons should be made amendment involves requiring
spouses to each spouse individually. that each spouse should still be
individually served even if they
are sued jointly.
Sec. 12. Service upon When the defendant is a When the defendant is a corporation, ❑ This used to be Sec. 11. The
corporation, partnership or partnership or association organized amendment clarifies that the
domestic private association organized under under the laws of the Philippines with a enumerated corporate officials
juridical entity the laws of the Philippines with juridical personality, service may be (president, managing partner,
a juridical personality, service made on the president, managing corporate secretary, treasurer or
may be made on the president, partner, general manager, corporate in-house counsel) may be served
managing partner, general secretary, treasurer or in-house counsel “wherever they may be found, or
manager, corporate secretary, of the corporation wherever they may in their absence or unavailability,
treasurer or in-house counsel. be found, or in their absence or on their secretaries”.
unavailability, on their secretaries.
❑ If service cannot be effected on
If such service cannot be made upon the named corporate officials,
any of the foregoing persons, it shall then service can be made upon
be made upon the person who the person who customarily
customarily receives the receives the correspondence for
correspondence for the defendant at the defendant domestic
its principal office. corporation, partnership or
association.
RULE 14
SUMMONS – cont.

PROVISION
Sec. 12. Service NO ORIGINAL PROVISION In case the domestic juridical ❑ This is a new provision. A
upon domestic entity is under receivership or domestic juridical entity under
private juridical liquidation, service of summons receivership or liquidation may be
entity – cont. shall be made on the receiver or served through the receiver or
liquidator, as the case may be. liquidator
Should there be a refusal on the ❑ This is also a new provision.

part of the persons above- Service may be made
mentioned to receive summons electronically, if allowed by the
despite at least three (3) attempts court (via substitute service), if
on two (2) separate dates, service the corporate officials, their
may be made electronically, if secretaries, the person who
allowed by the court, as provided customarily receives
under Sec. 6 of this rule correspondence, or the receiver
(Substituted service). or liquidator, refuse to receive the
summons.
Sec. 13. Duty of NO ORIGINAL PROVISION Where the summons is improperly ❑ This is a new section. The
counsel of served and a lawyer makes a amendment allows the court, if
record special appearance on behalf of the summons is improperly
the defendant to, among others, served and a lawyer makes a
question the validity of service of special appearance on behalf of
summons, the counsel shall be the defendant to question the
deputized by the court to serve validity of the service of
summons on his (or her) client. summons, shall deputize the
counsel to serve summons on
his/her client
RULE 14
SUMMONS – cont.
PROVISION PROVISION
Sec. 14. Service upon When the defendant is a foreign When the defendant is a foreign ❑ This used to be Sec. 12. The
private juridical entity which has private juridical entity which has amendment, among others,
foreign private juridical transacted business in the transacted or i s doing business in requires that a foreign privat e
entities Philippines, service may be made the Philippines, as defined by law, juridical entity is not only
on its resident agent designated in service may be made on its resident transacting, but should also,
accordance with law for that agent designated in accordance with be doing business in the
purpose, or, if there be no such law for that purpose, or, if there be no Philippines, as defined by law.
agent, on the government official such agent, on the government official Also, service may be made on
designated by law to that effect, or designated by law to that effect, or on the said corporation’s
on any of its officers or agents any of its officers, agents directors or directors or trustees, aside
within the Philippines. trustees within the Philippines. from its officers or agents.
If the foreign private juridical entity ❑ This is a new paragraph in

is not registered in the Philippines, Sec. 14. If the foreign privat e
or has no re sident agent but ha s juridical entity is not registered
transacted or is doing busine ss in in the Philippines or has no
it, as defined by law, such service resident agent, but transacted
may, with leave of court, be or did business in the
effected outside of the Philippines Philippines, service may, wit h
through any of the following leave of court, be effected
means: outside of the Philippines by:
(a) By personal service coursed (a) personal service on the
through the appropriate court in appropriate court in a foreign
the foreign country with the country with the assistance of
assi stance of the department of the DFA, (b) publication in a
foreign affairs; newspaper of general
(b) By publication once in a circulation in the country
newspaper of general circulation in where the defendant may be
the country where the defendant found and serving copy of the
may be found and by serving a summons and the court order
copy of the summons and the by registered mail at the last
court order by registered mail at known address of the
the last known address of the defendant, (c) facsimile, (d)
defendant; electronic means or (e) such
(c) By facsimile; other means as the court may
direct
RULE 14
SUMMONS – cont.
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 where the In any action where the defendant ❑ This used to be Sec. 14.
defendant whose defendant is designated as an is designated as an unknown The amendment provides
unknown owner, or the like, or owner, or the like, or whenever his that when the defendant is
identity or
whenever his whereabouts are or her whereabouts are unknown designated as an unknown
whereabouts are unknown and cannot be and cannot be ascertained by owner, or the like, or his/her
unknown ascertained by diligent inquiry, diligent inquiry, within ninety (90) whereabouts are unknown
service may, by leave of court, calendar days from the and cannot be ascertained
be effected upon him by commencement of the action, within 90 calendars from
publication in a newspaper of service may, by leave of court, be the commencement of the
general circulation and in such effected upon him or her by action, with leave of court,
places and for such time as the publication in a newspaper of service may be made by
court may order. general circulation and in such publication in a newspaper
places and for such time as the of general circulation and
court may order. for such time as the court
may order
Any order granting such leave ❑ The 2nd par. in Sec. 16 is a

shall specify a reasonable time, new provision. The order
which shall not be less than granting the leave (to serve
sixty (60) calendar days after by publication) should
notice within which the specify a reasonable
defendant must answer. period, which should not be
less than 60 calendar days
after notice within which the
defendant must answer.
RULE 14
SUMMONS – cont.
PROVISION PROVISION
Sec. 17. When the defendant does not When the defendant does not reside ❑ This used to be Sec. 15. The
reside and is not found in the and is not found in the Philippines, amendment added that
Extraterritorial service Philippines, and the action affects and the action affects the personal service, by leave of court, may
the personal status of the plaintiff status of the plaintiff or relates to, or be made on the defendant
or relates to, or the subject of the subject of which is, property within who does not reside and is not
which is, property within the the Philippines, in which the found in the Philippines
Philippines, in which the defendant defendant has or claims a lien or through means as provided for
has or claims a lien or interest, interest, actual or contingent, or in in international conventions to
actual or contingent, or in which the which the relief demanded consists, which the Philippines is a
relief demanded consists, wholly or wholly or in part, in excluding the party, aside from personal
in part, in excluding the defendant defendant from any interest therein, or service as provided by under
from any interest therein, or the the property of the defendant has Sec. 5 or publication in a
property of the defendant has been been attached within the Philippines, newspaper of general
attached within the Philippines, service may, by leave of court, be circulation or in any manner
service may, by leave of court, be effected out of the Philippines by the court may deem sufficient.
effected out of the Philippines by personal service as under section (5); ❑ Instead of Sec. 6, it should be
personal service as under section or as provided for in international Sec. 5 as this is not the
6; or by a publication in a conventions to which the section on “Service in person
newspaper of general circulation in Philippines i s a party; or by a on defendant”
such places and for such time as publication in a newspaper of general ❑ Also, the amendment
the court may order, in which case circulation in such places and for such emphasizes that the period for
a copy of the summons and order time as the court may order, in which the defendant to file an
of the court shall be sent by case a copy of the summons and answer shall not be less than
registered mail to the last known order of the court shall be sent by 60 calendar days after notice.
address of the defendant, or in any registered mail to the last known
other manner the court may deem address of the defendant; or in any
sufficient. Any order granting such other manner the court may deem
leave shall specify a reasonable sufficient. Any order granting such
time, which shall not be less than leave shall specify a reasonable time,
sixty (60) days after notice, within which shall not be less than sixty (60)
which the defendant must answer. calendar days after notice, within
which the defendant must answer.
RULE 14
SUMMONS – cont.
PROVISION
Sec. 20. Return NO ORIGINAL PROVISION Within thirty (30) calendar days from ❑ This is a new section. The
issuance of summons by the clerk of amendment requires that the
court and receipt thereof, the sheriff or service of the summons shall
process server, or person authorized by be completed within 30
the court, shall complete its service. calendar days by the sheriff or
Within five (5) calendar days from process server or person
service of summons, the server shall file authorized (to serve the
with the court and serve a copy of the summons) by the court. Also,
return to the plantiff(’)s counsel, the server shall file with the
personally, by registered mail, or by court and serve a copy of the
electronic means authorized by the return on plaintiff’s counsel
Rules. within 5 calendar days from
service of the summons.
Should substituted service have been ❑ Should substituted service

effected, the return shall state: was effected the return should
(1) (T)he impossibility of prompt state: (1) the impossibility of
personal service within a period of thirty prompt service within 30
(30) calendar days from issue and calendar days; (2) the date
receipt of summons; and time of the 3 attempts on
(2) The date and time of the three (3) at least 2 separate dates to
attempts on at least two (2) separate cause personal service and
dates to cause personal service and the the details of the inquiries
details of the inquiries made to locate made to locate the defendant
the defendant residing thereat; and residing thereat; and (3) the
(3) The name of the person at least name of the person at least 18
eighteen (18) years of age and of years of age and of sufficient
sufficient di scretion re siding thereat; discretion residing at
name of (the) competent person in defendant’s residence or the
charge of the defendant’s office or name of the officer of the
regular place of business, or name of homeowner’s association or
the officer of the homeowners’ condominium corporation or
association or condominium its chief security officer in
corporation or its chief security officer charge of the community r
in charge of the community or building building where the defendant
where the defendant may be found. may be found
RULE 14
SUMMONS – cont.
SECTION ORIGINAL PROVISION AMENDED REMARKS
PROVISION
Sec. 21. Proof of The proof of service of a summons shall The proof of service of a summons ❑ This used to be Sec. 18. The
be made in writing by the server and shall shall be made in writing by the server amendment in the 1st par. of Sec.
service set forth the manner, place, and date of and shall set forth the manner, place, 21 is just gender-based.
service; shall specify any papers which and date of service; shall specify any
have been served with the process and papers which have been served with
the name of the person who received the the process and the name of the
same; and shall be sworn to when made person who received the same; and
by a person other than a sheriff or his shall be s worn to when made by a
deputy. person other than a sheriff or his or
her deputy.
❑ This is a new provision in Sec.
If summons was served by 21. Proof of service of summons
electronic mail, a printout of said e- served by electronic mail requires
mail, with a copy of the summon s a printout of said email, with a
as served, and the affidavit of the copy of the summons served,
person mailing, shall consti tute as and the affidavit of the person
proof of service. mailing it
Sec. 22. Proof of If the service has been made by If the service has been made by ❑ This used to be Sec. 19. The
publication, service may be proved by the publication, service may be proved by amendment removed the printer,
service by affidavit of the printer, his foreman or the affidavit of the publisher, editor, his foreman or principal clerk in
publication principal clerk, or of the editor, business business or advertising manager, to executing an affidavit for servic e
or advertising manager, to which affidavit which affidavit a copy of the made by publication, but included
a copy of the publication shall be publication shall be attached, and by the publisher instead
attached, and by an affidavit showing the an affidavit showing the deposit of a ❑ Also, the other amendment is just
deposit of a copy of the summons and copy of the summons and order for gender-based..
order for publication in the post office, publication in the post office, postage
postage prepaid, directed to the defendant prepaid, directed to the defendant by
by registered mail to his last known registered mail to his or her last
address. known address.
Sec. 23. The defendant’s voluntary appearance in The defendant’s voluntary ❑ This used to be Sec. 20. The
the action shall be equivalent to service of appearance in the action shall be amendment removed the word
Voluntary summons. The inclusion in a motion to equivalent to service of summons. “not” so that the inclusion in a
appearance dismiss of other grounds aside from lack The inclusion in a motion to dismiss of motion to dismiss of other
of jurisdiction over the person of the other grounds aside from lack of grounds aside from lack of
defendant shall not be deemed a jurisdiction over the person of the jurisdiction over the person of the
voluntary appearance. defendant shall be deemed a defendant shall be deemed a
RULE 15
MOTIONS
PROVISION
Sec. 2. Motions All motions shall be in writing All motions shall be in writing except those ❑ No amendment in the 1st par. of Sec.
except those made in open court made in open court or in the course of a 2.
must be in writing or in the course of a hearing or hearing or trial.
trial.
A motion made in open court or in the ❑ This is a new provision. It requires
NO ORIGINAL PROVISION course of a hearing or trial should that a motion made in open court or in
immediately be resolved in open court, the course of the trial should be
after the adverse party is given the resolved immediately in open court
opportunity to argue his or her opposition after giving the adverse party the
thereto. opportunity to argue his/her opposition
thereto.
When a motion is based on facts not ❑ This is also a new provision. It
appearing on record, the court may hear provides that when a motion is based
the matter on affidavits or depositions on facts not appearing on record, the
presented by the respective parties, but court may hear the matter on
the court may direct that the matter be affidavits or depositions, or direct that
heard wholly or partly on oral testimony or the matter be wholly or partly heard
depositions. on oral testimony or depositions.
Sec. 4. Non- NO ORIGINAL PROVISION Motions which the court may act upon ❑ This a new section. The amendment
without prejudicing the rights of adverse defines “non-litigious motions” as
litigious parties are non-litigious motions. These those that the court may act upon
motions motions include: without prejudicing the rights of
i. Motion for the i ssuance of an alias adverse parties (these include
summons; motions for (i) the issuance of alias
ii. Motion for extension to file answer; summons, (ii) extension to file
iii. Motion for postponement; answer, (iii) postponement, (iv) the
iv. Motion for the i ssuance of a writ of issuance of a writ or (v) alias writ of
execution; execution, (vi) the issuance of a writ
v. Motion for the issuance of an alias writ of possession,
of execution
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 (Omnib us 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.
PROVISION PROVISION
Sec. 4. Non-litigious vi. Motion for the issuance of a writ (vii) the issuance of an order
of possession; directing the sheriff to execute
motions – cont. vii. Motion for the issuance of an the final certificate of sale; and
order directing the sheriff to (viii) other similar motions)
execute the final certificate of sale;
viii. Other similar motions.
These motions shall not be set for ❑Non-litigious motions shall not
hearing and shall be resolved by be set for hearing and shall be
the court within five (5) calendar resolved by the court within 5
days from receipt thereof. calendar days from receipt
thereof.
Sec. 5. Litigious NO ORIGINAL PROVISION (a) Litigious motions include: ❑ This is a new section. Sec. 5
(i) Motion for bill of particulars; lists the litigious motions that
motions. (ii) Motion to dismiss; must be set for hearing before
(iii) Motion for new trial; being resolved by the court
(iv) Motion for reconsideration; (such as motions (i) for bill of
(v) Motion for execution pending particulars, (ii) to dismiss, (iii)
appeal; for new trial, (iv) for
(vi) Motion to amend after a reconsideration, (v) for
responsi ve pleading has been execution pending appeal, (vi)
filed; to amend after a responsive
(vii) Motion to cancel statutory lien; pleading has been filed, (vii) to
(viii) Motion for an order to break in cancel statutory lien, (viii) for
or for a writ of demolition; an order to break in or for a
(ix) Motion for intervention; writ of demolition, (ix) for
(x) Motion for judgment on the intervention, (x) for judgment
pleadings; on the pleadings, (xi) for
(xi) Motion for summary judgment; summary judgment, (xii) for
(xii) Demurrer to evidence; demurrer to evidence, (xiii) to
(xiii) Motion to declare defendant in declare defendant in default
default; and, and (siv) other similar
(xiv) Other similar motions. motions)
RULE 15
MOTIONS – cont.
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
motions – cont. courier or registered mail, or be served by accredited privat e
electronic means so a s to ensure courier or electronic means
their receipt by the other party.
(c) The opposing party shall file his ❑ The opposing party shall file
or her opposition to a litigious his/her opposition to a litigious
motion within five (5) calendar days motion within 5 calendar days
from receipt thereof. No other from receipt thereof. Also, other
submissi ons shall be considered by pleading shall be considered by
the court in the resolution of the the court in resolving the subject
motion. motion.
The motion shall be resolved by the ❑ The court has 15 calendar days,
court within fifteen (15) calendar from receipt of the opposition or
days from its receipt of the upon expiration of the 5-day
opposition thereto, or upon period to file such opposition, to
expiration of the period to file such resolve the litigious motion
opposition.
Sec. 6. Notice of The notice of hearing shall be The court may in the exercise of its ❑ This used to be Sec. 5 (Notice of
addressed to all parties discretion, and if deemed necessary hearing).
hearing on litigious concerned, and shall specify the for its re solution, call a hearing on ❑ The amendment includes giving
motions; time and date of the hearing the motion. The notice of hearing shall the court the discretion to call a
discretionary which must not be later than ten be addressed to all parties concerned, hearing on the litigious motion, if
(10) days after the filing of the and shall specify the time and date of deemed necessary.
motion. the hearing;
Sec. 7. Proof of No written motion set for No written motion shall be acted upon ❑ This used to be Sec. 6
hearing shall be acted upon by by the court without proof of service ❑ The amendment deleted the
service necessary the court without proof of thereof, pursuant to Section 5(b) phrase “set for hearing” and
service thereof. hereof. added a reference to how
litigious motions are served
pursuant to Sec. 5(b), Rule 15.
RULE 15
MOTIONS – cont.
PROVISION PROVISION
Sec. 8. Motion day Except for motions requiring Except for motions requiring immediat e ❑ This used to be Sec. 7.
immediate action, all motions action, where the court decides to ❑ The amendment deletes requiring all
shall be scheduled for conduct hearing on a litigious motions to be heard on a Friday, and
hearing on Friday afternoons, motion, the same shall be set on a specifies instead that only litigious
or if Friday is a non-working Friday. motions should be set for hearing on
day, in the afternoon of the a Friday when the court decides to
next working day. conduct a hearing thereon
Sec. 12. Prohibited NO ORIGINAL PROVISION The following motions shall not be ❑ This is a new section.
allowed: ❑ Sec. 12 lists motions that are
motions (a) Motion to di smi ss except on the prohibited, such as: (a) motion to
following grounds: dismiss (except on the ground of
i That the court ha s no juri sdiction lack of jurisdiction over the subject
over the subject matter of the claim; matter of the claim, litis pendendia,
ii. That there is another action or barred by res judicata or statute of
pending between the same parties limitations); (b) motion to hear
for the same cause; and, iii. That the affirmative defenses; (c ) motion for
cause of action is barred by a prior reconsideration of the court’s action
judgment or by the statute of on the affirmative defenses; (d)
limitations; motion to suspend proceedings
(b) Motion to hear affirmative (without a TRO or injunction); (e)
defenses; motion for extension of time
(c) Motion for reconsideration of the pleadings, affidavits or any other
court’ s action on the affirmative papers (except to file an answer); or
defenses; (f) motion for postponement intended
(d) Motion to suspend proceedings for delay (except if based on acts of
without a temporary restraining God, force majeure, or physical
order or injunction i ssued by a inability of the witness to appear and
higher court; testify, but with warning that the
(e) Motion for extension of time to presentation of evidence must be
file pleadings, affidavits or any other terminated on the dates previously
papers, except a motion for agreed upon)
extension of time to file an answer
as provided by Section 11, Rule 11;
and
RULE 15
MOTIONS – cont.
PROVISION
Sec. 12. (f) Motion for postponement intended for
delay, except it it is based on acts of
Prohibited God, force majeure or physical inability
motions – cont. 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 ❑This amendment requires that a motion for
written or oral, shall, at all times, be postponement, written or oral, should be
accompanied by the original receipt from accompanied by the original receipt from the
the office of the clerk of court e videncing office of the clerk of court evidencing payment
payment of the postponement fee under of the postponement fee, to be submitted
Section 2(b), Rule 141. to be submitted either at the time of the filing of the motion or
either at the time of the filing of said not later than the next hearing. Also, the clerk
motion or not later than the next hearing. of court shall not accept the motion unless
The clerk of court shall not accept the accompanied bythe original receipt.
motion unless accompanied by the
original receipt.
Sec. 13. Subject to the right of appeal, an Subject to the right of appeal, an order ❑ This used to be, in part, Sec. 5, Rule 16
order granting a motion to granting a motion to dismiss or an (MOTION TO DISMISS)
Dismissal with dismiss based on paragraphs (f), affirmative defense that the cause of ❑ The amendment provides that an order
prejudice (h) and (i) of Section 1 hereof action is barred by a prior judgment or granting, aside from a motion to dismiss,
shall bar the refiling of the same by the statute of limitations ; that the an affirmative defense (that the cause is
action or claim. claim or demand set forth in the barred by res judicata or by the statute of
plaintiff’s pleading has been paid, limitations; or the claim or demand has
waived, abandoned or otherwise been paid, waived, abandoned or
extinguished; or the claim on which the otherwise extinguished; or the claim on
action is founded is unenforceable under which the action is founded is
the provisions of the statute of frauds, unenforceable under the statute of frauds)
shall bar the refiling of the same action or shall bar the refiling of the same action or
claim. claim.
RULE 16
MOTION TO DISMISS*
(NOTE: Provisions either deleted or transposed)
SECTION SUMMARY OF REMARKS

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

RULE 16
MOTION TO DISMISS*
ORIGINAL PROVISION
Sec. 1. Grounds – ❑ Sec. 5, Rule 6, Sec. 12, Rule 8, and Secs. 12 and 13, Rule
cont. 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*
ORIGINAL PROVISION
Sec. 2. Hearing of ❑ Requires that during the hearing ❑ Sec. 4 (Hearing of motion), Rule 15 was DELETED. Hence, this
motion of the motion the parties shall can be treated in the same manner.
submit their arguments on the ❑ Also, the hearing of a motion and the resolution thereof is
questions of law and their covered by Sec. 2, Rule 15, as amended.
evidence on the 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 ❑ This is covered by Sec. 2, Rule 15, as amended.
motion court may dismiss the action or ❑ Also, Secs. 2 to 5, Rule 10 (AMENDED AND SUPPLEMENTAL
claim, deny the motion, or order PLEADINGS), as amended, among others, are applicable and
the amendment of the pleading covers the subject section..
Sec. 4. Time to plead ❑ Provides the period when an ❑ Secs. 1 and 2, Rule 11 (WHEN TO FILE RESPONSIVE
answer has to be filed when the PLEADINGS), as amended, among others, are applicable and
motion to dismiss is denied or the covers the subject section.
pleading is ordered to be
amended
Sec. 5. Effect of ❑ Provides what are barred from ❑ Covered by Sec. 13, Rule 15, as amended
dismissal being re-filed if the motion to
dismiss is granted
Sec. 6. Pleading ❑ Provides that if no motion to ❑ This section is covered by Sec. 5, Rule 6, Sec. 12, Rule 8, and
grounds as dismiss is filed, the grounds for Secs. 12 and 13, Rule 15, as amended
affirmative defenses the dismissal of the action may be
pleaded as affirmative defenses
RULE 16
DISMISSAL OF ACTIONS
PROVISION PROVISION
Sec. 2. Dismissal Except as provided in the Except as provided in the preceding ❑ The amendments in Sec. 2
preceding section, a complaint section, a complaint shall not be are only gender-based and
upon motion of plaintiff shall not be dismissed at the dismissed at the plaintiff’s instance clarifies that the defendant,
plaintiff’s instance save upon save upon approval of the court and from notice of a motion to
approval of the court and upon upon such terms and conditions as dismiss, has 15 calendar days
such terms and conditions as the the court deems proper. If a to manifest that he or she
court deems proper. If a counterclaim has been pleaded by a wants his or her counterclaim
counterclaim has been pleaded by defendant prior to the service upon to be resolved in the same
a defendant prior to the service him or her of the plaintiff’s motion for action
upon him of the plaintiff’s motion dismissal, the dismissal shall be
for dismissal, the dismissal shall be limited to the complaint. The dismissal
limited to the complaint. The shall be without prejudice to the right
dismissal shall be without prejudice of the defendant to prosecute his or
to the right of the defendant to her counterclaim in a separate action
prosecute his counterclaim in a unless within fifteen (15) calendar
separate action unless within days from notice of the motion he or
fifteen (15) days from notice of the she manifests his or her preference
motion he manifests his preference to have his or her counterclaim
to have his counterclaim resolved resolved in the same action. Unless
in the same action. Unless otherwise specified in the order, a
otherwise specified in the order, a dismissal under this paragraph shall
dismissal under this paragraph be without prejudice. A class suit shall
shall be without prejudice. A class not be dismissed or compromised
suit shall not be dismissed or without the approval of the court.
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
PROVISION PROVISION
Sec. 1. When After the last pleading has been After the last responsi ve pleading ❑ The amendment in Sec. 1 includes
served and filed, it shall be the has been served and filed, the clarifying that, prior to the pre-trial,
conducted duty of the plaintiff to promptly branch clerk of court shall issue, the last “responsive” pleading should
move ex parte that the case be set within five (5) calendar days from have been served and filed. Also, the
for pre-trial. filing, a notice of pre-trial which plaintiff is no longer required to
shall be set not later than sixty (60) move for the case to be set for pre-
calendar days from the filing of the trial and, instead, it is the clerk of
last responsive pleading. 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 The pre-trial is mandatory. The The pre-trial is mandatory and ❑ The amendment in Sec. 2 includes,
court shall consider: should be terminated promptly. The among others, requiring the pre-trial
and Purpose (a) The possibility of an amicable court shall consider: to be terminated promptly.
settlement or of a submission to (a) The possibility of an amicable ❑ Also, the necessity or desirability of
alternative modes of dispute settlement or of a submission to amendments to the pleadings (item
resolution; alternative modes of dispute [c]) is no longer a matter for
(b) The simplification of the issues; resolution; consideration during the pre-trial
(c) The necessity or desirability of (b) The simplification of the issues; ❑ Further, in item (d), the witnesses
amendments to the pleadings; (c) The possibility of obtaining must be identified and the trial dates
(d) The possibility of obtaining stipulations or admissions of facts and must be set during the pre-trial
stipulations or admissions of facts of documents to avoid unnecessary
and of documents to avoid proof;
unnecessary proof; (d) The limitation of the number and
(e) The limitation of the number of and identification of witnesses and
witnesses; setting of trial dates;
(f) The advisability of a preliminary (e) The advisability of a preliminary
reference of issues to a reference of issues to a
commissioner; commissioner;
NOTE: Rule on PRE-TRIAL should now be RE-NUMBERED as Rule 17 (not Rule 18).
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 2. Nature and (g) The propriety of rendering (f) The propriety of rendering judgment
judgment on the pleadings, or on the pleadings, or summary judgment,
Purpose – cont. summary judgment, or of or of dismissing the action should a valid
dismissing the action should ground therefor be found to exist;
a valid ground therefor be (g) The requirement for the parties to: ❑ This is a new provision. The parties
found to exist; i. Mark their respective evidence if not are additionally required during the
(h) The advisability or yet marked in the judicial affidavits of pre-trial to: (i) mark their respective
necessity of suspending the their witnesses; evidence if not yet marked in the
proceedings; and, ii. Examine and make comparisons of judicial affidavits of the witnesses;
(i) Such other matters as may the adverse parties’ evidence vis-à-vi s (ii) examine and make comparisons
aid in the prompt disposition the copies to be marked; of their marked evidence; (iii)
of the action. iii. Manifest for the record stipulations manifest stipulations regarding the
regarding the faithfulness of the faithfulness of the reproductions and
reproductions and the genuineness genuineness and due execution of
and due execution of the adverse their evidence; and (iv) reserve
parties’ evidence; evidence not available at the pretrial
iv. Reserve evidence not available at (subject to the following manner as
the pre-trial, but only in the following follows: for testimonial evidence –
manner: give the name or position and
1) For testimonial evidence, by giving nature of the testimony of the
the name or position and the nature of witness; for documents and other
the testimony of the proposed object evidence – give a particular
witness; (and) description thereof)
2) For documents and other object
evidence, by giving a particular
description of the evidence.
No reservation shall be allowed if not ❑ No reservation allowed if the above
made in the manner described above. requirements are not followed
(h) Such other matters as may aid in the ❑ The advisability or necessity of
prompt disposition of the action. suspending proceedings (old item
[h])no longer considered during the
pre-trial.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 2. Nature and The failure without just cause of a party ❑ This is a new provision, Failure of
and counsel to appear during pre-trial, a party and counsel to appear
Purpose – cont. despite notice, shall result in a waiver of during the pre-trial will result in a
any objections to the faithfulne ss of the waiver of any objections to the
reproductions marked, or their faithfulness of the reproductions
genuineness and due execution. marked, or their genuineness and
due execution
The failure without just cause of a party ❑ This is also a new provision.
and/or counsel to bring the evidence Failure of a party and/or counsel
required shall be deemed a waiver of the to bring the evidence required
presentation of such evidence. shall be deemed a waiver of the
presentation of such evidence
The branch clerk of court shall prepare ❑ The branch clerk of court, not the
the minutes of the pre-trial, which shall court interpreter, shall prepare the
have the following format: (See minutes of the pre-trial (based on
prescribed form) a prescribed form)
Sec. 3. Notice of The notice of pre-trial shall The notice of pre-trial shall include the ❑ The amendment in Sec. 3 lists,
be served on counsel, or on dates respectively set for: among others, what should be
pre-trial the party who has no (a) Pre-Trial; included in the notice of pre-trial,
counsel. The counsel (b) Court-Annexed Mediation; and such as the dates of the (i) pre-
served with such notice is (c) Judicial Dispute Resolution, if trial, (ii) court-annexed mediation
charged with the duty of necessary. and (iii) judicial dispute resolution,
notifying the party if necessary.
represented by him. The notice of pre-trial shall be served on ❑ Also, the amendment in the 2nd
counsel, or on the party who has no par. is only gender-based.
counsel. The counsel served with such
notice is charged with the duty of notifying
the party represented by him or her.
Non-appearance at any of the foregoing ❑ Non-appearance at the dates for

settings shall be deemed non- the pre-trial, court-annexed
compliance at the Pre-Trial and shall mediation or judicial dispute
merit the same sanctions under Section resolution will be sanctioned per
5 hereof. Sec. 5 of this Rule
RULE 17
PRE-TRIAL – cont.
PROVISION PROVISION
Sec. 4. Appearance of It shall be the duty of the parties It shall be the duty of the parties and ❑ The amendment in Sec. 4
and their counsel to appear at the their counsel to appear at the pre- requires, among others, that a
parties pre-trial. The non-appearance of trial, court-annexed mediation, and party and counsel should
a party may be excused only if a judicial dispute resolution, if appear, not only at the pre-t rial,
valid cause is shown therefor or if necessary. The non-appearance of but also at the court-annexed
a representative shall appear in a party and counsel may be mediation and judicial dispute
his behalf fully authorized in excused only for acts of God, resolution (JDR), if necessary.
writing to enter into an amicable force majeure, or duly Also, non-appearance is
settlement, to submit to substantiated physical inability. excused only for acts of God,
alternative modes of dispute force majeure or duly
resolution, and to enter into (A) representative may appear on substantiated physical inability.
stipulations or admissions of facts behalf of a party but shall be fully ❑ A representative may appear on
and of documents. authorized in writing to enter into an behalf of a party (for the pre-t rial,
amicable settlement, to submit to court-annexed mediation and
alternative modes of disput e JDR), but the authority must be
resolution, and to enter into in writing.
stipulations or admissions of facts
and documents.
Sec. 5. Effect of failure The failure of the plaintiff to When duly notified, (t)he failure of ❑ The amendment in Sec. 5
appear when so required the plaintiff and counsel to appear clarifies that both plaintiff and
to appear pursuant to the next preceding without valid cause when so counsel should be duly notified
section shall be cause for required pursuant to the next and their failure to both appear
dismissal of the action. The preceding section shall be cause for at the pre-trial, court-annexed
dismissal shall be with prejudice, dismissal of the action. The dismissal mediation or JDR shall be cause
unless otherwise ordered by the shall be with prejudice, unless for the dismissal of the action.
court. A similar failure on the part otherwise ordered by the court. A ❑ Failure of both the defendant
of the defendant shall be cause to similar failure on the part of the and counsel to appear at the
allow the plaintiff to present his defendant and counsel shall be pre-trial, court-annexed
evidence ex parte and the court to cause to allow the plaintiff to present mediation or JDR shall allow the
render judgment on the basis his evidence ex parte within ten (10) plaintiff to present his/her
thereof. calendar days from termination of evidence ex parte within 10
pre-trial and the court to render calendar days from termination
judgment on the basis of the of the pre-trial. The court shall
evidence offered. then render judgment based on
the evidence offered.
RULE 17
PRE-TRIAL – cont.
PROVISION PROVISION
Sec. 6. Pre-trial The parties shall file with the court The parties shall file with the court and ❑ The amendment in Sec. 6
and serve on the adverse party, in serve on the adverse party, in such includes, among others,
brief such manner as shall ensure their manner as shall ensure their receipt clarifying that the pre-t rial brief
receipt thereof at least three (3) days thereof at least three (3) calendar should be filed and served on
before the date of the pre-t rial, their days before the date of the pre-trial, the adverse party at least 3
respective pre-trial briefs which shall their respective pre-trial briefs whic h calendar days from the date of
contain, among others: shall contain, among others: the pre-trial.
(a) A statement of their willingness to (a) A conci se statement of the case ❑ Among those to be contained in
enter into amicable settlement or and the reliefs prayed for; statement the pre-trial brief are: (i) a
alternative modes of dispute of their willingness to enter int o concise statement of the case
resolution, indicating the desired amicable settlement or alternative and the reliefs prayed for (no
terms thereof; modes of dispute resolution, indicating more statement of the
(b) A summary of admitted facts and the desired terms thereof; willingness to enter into an
proposed stipulation of facts; (b) A summary of admitted facts and amicable settlement or
(c) The issues to be tried or resolved; proposed stipulation of facts; alternative modes of dispute
(d) The documents or exhibits to be (c) The main factual and legal issues resolution); (ii) the main and
presented, stating the purpose to be tried or resolved; factual legal issues to be
thereof; (d) The propriety of referral of resolved; (iii) the propriety of
(e) A manifestation of their having factual issues to commissioners; referral of factual issues to
availed or their intention to avail (e) The documents or other object commissioners; (iv) the other
themselves of discovery procedures evidence to be marked, stating the object evidence to be
or referral to commissioners; and purpose thereof; marked;(v) the names of
(f) The number and names of the (f) The names of the witnesses, and witnesses and the summary of
witnesses , and the substance of their the summary of their respective their testimonies; and (vi) a
respective testimonies. testimonies; and brief statement of points of law
(g) Brief statement of points of law and citation of authorities
Failure to file the pre-trial brief shall and citation of authorities. ❑ A manifestation on availing or
have the same effect as failure to intent to avail of discovery
appear at the pre-trial. Failure to file the pre-trial brief shall procedures or referral to
have the same effect as failure to commissioners is no longer
appear at the pre-trial. required
❑ No amendment in the 2nd par.
of Sec. 6.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 7. Pre-trial The proceedings in the pre-trial Upon termination of pre-trial, the court ❑ The amendment in Sec. 7
shall be recorded. Upon termination shall issue an order within ten (10) includes, among others,
order thereof, the court shall issue an calendars which shall recite in detail the changing the title from “record of
order which shall recite in detail the matters taken up. The order shall pre-trial” to “pre-t rial order”,
matters taken up in the conference, include: which order shall be issued
the action taken thereon, the (a) An enumeration of the admitted within 10 calendar days upon
amendments allowed to the facts; termination of pre-trial. Also,
pleadings, and the agreements or (b) The minutes of the pre-trial there is no requirement that the
admissions made by the parties as conference; pre-trial proceedings be
to any of the matters considered. (c) The legal and factual issue/s to be recorded.
Should the action proceed to trial, tried; ❑ The pre-trial order shall include
the order shall explicitly define and (d) The applicable law, rules and items on the following: (i) an
limit the issues to be tried. The jurisprudence; enumeration of the admitted
contents of the order shall control (e) The evidence marked; facts; (ii) the minutes of the pre-
the subsequent course of the the (f) The specific trial dates for trial conference; (c) the legal
action, unless modified before trial continuous trial, which shall be within and factual issue/s to be tried;
to prevent manifest injustice. the period provided by the Rules; (d) the applicable law, rules and
(g) The case flowchart to be jurisprudence; (e) the evidence
determined by the court, which shall marked; (f) the specific trial
contain the different stages of the dates for continuous trial; (g) the
proceedings up to the promulgation case flowchart as determined by
of the deci sion and the use of time the court (should contains the
frames for each stage in setting the different stages of the
trial dates; proceedings up to promulgation
(h) A statement that the one-day of decision); (h) a statement that
examination of witness rule and most the one-day examination of
important witness rule under A.M. No. witness rule and most important
03-1-09-S C (Guidelines for Pre-Trial) witness rule shall be strictly
shall be strictly followed; and followed; and (i) a statement
(i) A statement that the court shall that the court shall render
render judgment on the pleadings or judgment on the pleadings or
summary judgment, as the case may summary judgment, as the case
be. may be.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 7. Pre-trial NO ORIGINAL The direct testimony of witnesse s for ❑ This is a new provision. The direct
PROVISION the plaintiff shall be in the form of testimony of plaintiff’s witnesses shall
order – cont. judicial affidavits. After the be in the form of judicial affidavits and
identification of such affidavits, cross- after the identification thereof during
examination shall proceed immediately. trial, cross-examination shall proceed
immediately.
Postponement of presentation of ❑ This is a new provision. Postponement
parties’ witnesses at a scheduled date of presentation of parties’ witnesses is
is prohibited, except if it is based on prohibited, except if it is based on acts
acts of God, force majeure or duly of God, force majeure or substantiated
substantiated physical inability of the physical inability of the witness to
witness to appear and testi fy. The party appear and testify.
who caused the postponement is ❑ Also, the party who caused the
warned that the presentation of its postponement must be warned that it
evidence must still be terminated within must still terminate the presentation of
the remaining dates previously agreed its evidence within the remaining dates
upon. previously agreed upon.
Should the opposing party fail to ❑ Should the opposing party fail to
appear without valid cause stated in the appear, the presentation of the
next preceding paragraph, the scheduled witness will proceed with the
presentation of the scheduled witness absent party being deemed to have
will proceed with the absent party waived the right to interpose objection
being deemed to have waived the right and conduct cross-examination.
to interpose objection and conduct
cross-examination.
The contents of the pre-trial order shall ❑ This is the last sentence in the old Sec.
control the subsequent proceedings, 7, wherein only the word “pre-trial” was
unless modified before trial to prevent inserted.
manifest injustice.
Sec. 8. Court- NO ORIGINAL After pre-trial and, after issues are ❑ This is a new section. It includes
PROVISION joined, the court shall refer the parties requiring the parties, after pre-trial and
Annexed for mandatory court-annexed the issues are joined, to be referred to
Mediation mediation. mandatory court-annexed mediation.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 8. Court- The period for court-annexed mediation shall not ❑ This is also a new provision. The court-annexed
exceed thirty (30) calendar days without further mediation shall be within a non-extendible
Annexed
extension. period of 30 calendar days.
Mediation –
cont.
Sec. 9. Judicial NO ORIGINAL Only if the judge of the court to which the case was ❑ This is a new section. It clarifies that JDR is
PROVISION originally raffled is convinced that settlement is still allowed only if the judge of the court to which the
Dispute
possible, the case may be referred to another judge for case was originally raffled is convinced that
Resolution judicial dispute resolution. The judicial dispute settlement is still possible.
resolution shall be conducted within a non-extendible ❑ Also, the case shall be referred to another judge
period of fifteen (15) calendar days from notice of for JDR, which shall be conducted within a non-
failure of the court-annexed mediation. extendible period of 15 calendar days from
notice of failure of the court-annexed mediation.
❑ If JDR fails, trial shall proceed before the original
If judicial dispute resolution fails, trial before the court on the agreed dates.
original court shall proceed on the dates agreed upon.
❑ All proceedings during the court-annexed
All proceedings during the court-annexed mediation mediation and the JDR shall be confidential.
and the judicial dispute resolution shall be
confidential.
Sec. 10. NO ORIGINAL Should there be no more controversial facts, or no ❑ This is a new provision. This includes the court
PROVISION more genuine issue as to any material fact, or an being allowed, motu proprio, and without
Judgment after
absence of any issue, or should the answer fail to prejudice to a party making a motion, to include
pre-trial tender an issue, the court shall, without prejudice to a in the pre-trial order that the case will be
party moving for judgment on the pleadings under submitted for judgment on the pleadings or
Rule 34 or summary judgment under Rule 35, motu summary judgment under Rule 34 or 35,
proprio include in the pre-trial order that the case be respectively, without need of position papers or
submitted for summary judgment or judgment on the memoranda.
pleadings, without need of position papers or ❑ Also, the judgment shall be rendered within 90
memoranda. In such cases, judgment shall be calendar days from termination of the pre-trial.
rendered within ninety (90) calendar days from
termination of the pre-trial.
❑ The amendment states that once the case is
The order of the court to submit the case for judgment submitted for decision pursuant to Rule 34 or
pursuant to this Rule shall not be (the) subject to Rule 35, this is not subject to appeal or certiorari
appeal or certiorari.
RULE 18
PRE-TRIAL
PROVISION PROVISION
Sec. 4. Answer to The answer to the complaint-in- The answer to the complaint-in- ❑ The amendment in Sec. 4
intervention shall be filed within intervention shall be filed within fifteen provides that an answer to a
complaint-in- fifteen (15) days from notice of the (15) calendar days from notice of the complaint-in-intervention
intervention order admitting the same, unless a order admitting the same, unless a should be within 15 calendar
different period is fixed by the different period is fixed by the court. days from notice of the order
court. admitting the subject
complaint.
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
PROVISION PROVISION
Sec. 6. Service Service of a subpoena shall be Service of a subpoena shall be made ❑ The amendment in the first
made in the same manner as in the same manner as personal or paragraph of Sec. 6 is that the
personal or substituted service of substituted service of summons. The matters on the need to tender
summons. The original shall be original shall be exhibited and a copy the fees to the person subject
exhibited and a copy thereof thereof delivered to the person on of the subpoena for one day’s
delivered to the person on whom it whom it is served. The service must attendance and the
is served, tendering to him the fees be made so as to allow the witness a kilometrage allowed, as well
for one day’s attendance and the reasonable time for preparation and as on the subpoenas issued
kilometrage allowed by these travel to the place of attendance. on behalf of the Republic of
Rules, except that, when a the Philippines or an officer or
subpoena is issued by or on behalf agency thereof, have been
of the Republic of the Philippines or deleted.
an officer or agency thereof, the
tender need not be made.
The service must be made so as to Cost for court attendance and the ❑ Also, the entire 2nd par. of the
allow the witness a reasonable production of documents and old Sec. 6 has been re-
time for preparation and travel to other materials subject of the worded.
the place of attendance. If the subpoena shall be tendered or ❑ The cost for court attendanc e
subpoena is duces tecum, the charged accordingly. and the production of
reasonable cost of producing the documents and other
books, documents or things materials subject of the
demanded shall also be tendered. subpoena has to be tendered
or 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
PROVISION
Sec. 1. Deposition By leave of court after jurisdiction has Upon ex parte motion of a ❑ The amendment in Sec. 1 is that
been obtained over any defendant or party, the testimony of any the requirement that the
pending action, over property which is the subject of the person, whether a party or not, testimony of any person,
when may be taken action, or without such leave after an may be taken, at the instance of whether a party or not, may be
answer has been served, the testimony any party, by deposition upon taken by deposition upon oral
of any person, whether a party or not, oral examination or written examination or written
may be taken, at the instance of any interrogatories. The attendance interrogatories, only “by leave of
party, by deposition upon oral of witnesses may be compelled court or without such leave”, has
examination or written interrogatories. by the use of a subpoena as been replaced with only upon
The attendance of witnesses may be provided in Rule (20) “ex parte motion of a party”.
compelled by the use of a subpoena as (Subpoena). Depositions shall be ❑ Also, it must be noted that if the
provided in Rule 21 (S ubpoena). taken only in accordance with re-numbering of the Rules is
Depositions shall be taken only in these Rules. The deposition of a done, then the Rule on
accordance with these Rules. The person confined in prison may be Subpoena being referred to
deposition of a person confined in prison taken only by leave of court on should be Rule 20, not Rule 21.
may be taken only by leave of court on such terms as the court
NOTE1: No amendment in such
the Rule
terms on COMPUTATION
as the court prescribes. OF TIME which should be now RE-NUMBERED as Rule 21 (not
prescribes.
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.
PROVISION PROVISION
Sec. 25. Deposition A party desiring to take the A party desiring to take the deposition ❑ The amendment in Sec. 25 is
deposition of any person upon of any person upon written that the period to serve cross-
upon written written interrogatories shall serve interrogatories shall serve them upon interrogatories, re-direct
interrogatories; them upon every other party with a every other party with a notice stating interrogatories, and re-cross
service of notice and notice stating the name and the name and address of the person interrogatories should be 10, 5
address of the person who is to who is to answer them and the name and 3 calendar days,
of interrogatories
answer them and the name or or descriptive title and address of the respectively.
descriptive title and address of the officer before whom the deposition is
officer before whom the deposition to be taken. Within ten (10) calendar
is to be taken. Within ten (10) days days thereafter, a party so served
thereafter, a party so served may may serve cross-interrogatories upon
serve c ross-interrogatories upon the party proposing to take the
the party proposing to take the deposition. Within five (5) calendar
deposition. Within five (5) days days thereafter, the latter may serve
thereafter, the latter may serve re- re-direct interrogatories upon a party
direct interrogatories upon a party who has served cross-interrogatories.
who has served c ross- Within three (3) calendar days after
interrogatories. Within three (3) being served with re-direct
days after being served with re- interrogatories, a party may serve re-
direct interrogatories, a party may cross-interrogatories upon the party
serve re-cross-interrogatories upon proposing to take the deposition.
the party proposing to take the
deposition.
RULE 22
DEPOSITIONS PENDING ACTIONS – cont.
PROVISION PROVISION
Sec. 29. Effect of (a) As to notice. xxx xxx xxx (a) As to notice. xxx xxx xxx ❑ The amendment in Sec. 29 is
(b) As to disqualification of officer (b) As to disqualification of officer xxx only for item (e) where the
errors and xxx xxx xxx xxx xxx period to submit objections to
irregularities in (c) As to competency or relevanc y (c) As to competency or relevancy of written interrogatories is within
depositions of evidence xxx xxx xxx evidence xxx xxx xxx 3 calendar days after servic e
(d) As to oral examination xxx xxx (d) As to oral examination xxx xxx xxx of the last interrogatories
xxx (e) As to form of written authorized
(e) As to form of written interrogatories. – Objections to the
interrogatories. – Objections to the form of written interrogatories
form of written interrogatories submitted under Sections 25 and 26
submitted under Sections 25 and of this Rule are waived unless served
26 of this Rule are waived unless in writing upon the party propounding
served in writing upon the party them within the time allowed for
propounding them within the time serving succeeding cross or other
allowed for serving succeeding interrogatories and within three (3)
cross or other interrogatories and calendar days after service of the last
within three (3) days after service interrogatories authorized.
of the last interrogatories (f) As to manner of preparation xxx
authorized. xxx xxx
(f) As to manner of preparation xxx
xxx xxx
RULE 23
DEPOSITIONS PENDING ACTIONS
PROVISION PROVISION
Sec. 3. Notice and The petitioner shall serve a notice The petitioner shall serve a notice ❑ The amendment in Sec. 3
upon each person named in the upon each person named in the requires that the court shall
service petition as an expected adverse petition as an expected adverse party, cause notice of the taking of
party, together with a copy of the together with a copy of the petition, the deposition before action or
petition, stating that the petitioner stating that the petitioner will apply to pending appeal at least 20
will apply to the court, at a time and the court, at a time and place named calendar days before the dat e
place named therein, for the order therein, for the order described in the of the hearing for the same,
described in the petition. At least petition. At least twenty (20) calendar served on the parties and
twenty (20) days before the date of days before the date of the hearing, prospective deponents.
the hearing, the court shall cause the court shall cause notice thereof to
notice thereof to be served on the be served on the parties and
parties and prospective deponents prospective deponents in the manner
in the manner provided for service provided for service of summons.
of summons.
NOTE1: Rule on DEPOSITIONS BEFORE ACTION OR PENDING APPEAL should now be RE -NUMBERED as
Rule 23 (not Rule 24).
NOTE2: No amendment in Sec. 4 (Order and examination), Sec. 5 (Reference to court), and Sec. 6 (Use of
deposition)
NOTE3: The amendments in Sec. 1 (Depositions before action; petition), Sec. 2 (Contents of petition), and Sec. 7
(Depositions pending appeal) are merely gender-based.
RULE 24
INTERROGATORIES TO PARTIES
PROVISION PROVISION
Sec. 1. Interrogatories Under the same conditions Upon ex parte motion, any party ❑ The amendment in Sec.1 is
specified in section 1 of Rule 23 desiring to elicit material and relevant that the requirement for the
to parties; service (Depositions Pending Action), any facts from any adverse parties shall filing and serving of written
thereof party desiring to elicit material and file and serve upon the latter written interrogatories can be upon ex
relevant facts from any adverse interrogatories to be answered by the parte motion.
parties shall file and serve upon the party served or, if the party served is
latter written interrogatories to be a public or private corporation or a
answered by the party served or, if partnership or association, by any
the party served is a public or officer thereof competent to testify in
private corporation or a partnership its behalf.
or association, by any officer
thereof competent to testify in its
behalf.
Sec. 2. Answer to The interrogatories shall be The interrogatories shall be answered ❑ The amendment in Sec. 2
answered fully in writing and shall fully in writing and shall be signed and states that the party who was
interrogatories be signed and sworn to by the sworn to by the person making them. served the interrogatories has
person making them. The party The party upon whom the a period of 15 calendar days
upon whom the interrogatories interrogatories have been served shall to file and serve a copy of the
have been served shall file and file and serve a copy of the answers answers thereto, unless the
serve a copy of the answers on the on the party submitting the court, on motion, extends or
party submitting the interrogatories interrogatories within fifteen (15) shortens the time.
within fifteen (15) days after service calendar days after service thereof,
thereof, unless the court, on motion unless the court, on motion and for
and for good cause shown, extends good cause shown, extends or
or shortens the time. shortens the time.
NOTE1: Rule on INTERROGATORIES TO PARTIES should now be RE-NUMBERED as Rule 24 (not Rule 25).
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)
RULE 24
INTERROGATORIES TO PARTIES – cont.

PROVISION PROVISION
Sec. 3. Objections to Objections to any interrogatories Objections to any interrogatories may ❑ The amendment in Sec. 3
may be presented to the court be presented to the court within ten requires that the period t o
interrogatories within ten (10) days after service (10) calendar days after service present objections to
thereof, with notice as in case of a thereof, with notice as in case of a interrogatories should be
motion; and answers shall be motion; and ans wers shall be deferred within 10 calendar days after
deferred until the objections are until the objections are resolved, service of the interrogatories.
resolved, which shall be at as early which shall be at as early a time as is
a time as is practicable. practicable.
RULE 25
ADMISSION BY ADVERSE PARTY
PROVISION PROVISION
Sec. 2. Implied Each of the matters of which an Each of the matters of which an ❑ The amendment in Sec. 2
admission is requested shall be admission is requested shall be requires that the period to file
admission deemed admitted unless, within a deemed admitted unless, within a and serve a denial of matters
period designated in the request, period designated in the request, for which an admission is
which shall not be less than fifteen which shall not be less than fifteen requested is 15 calendar days,
(15) days after service thereof, or (15) calendar days after service otherwise, such matter is
within such further time as the thereof, or within such further time as deemed admitted.
court may allow on motion, the the court may allow on motion, the ❑ Also, the amendments in said
party to whom the request is party to whom the request is directed section is only gender-based.
directed files and serves upon the files and serves upon the party
party requesting the admission a requesting the admission a sworn
sworn statement either denying statement either denying specifically
specifically the matters of which an the matters of which an admission is
admission is requested or setting requested or setting forth in detail the
forth in detail the reasons why he reasons why he or she cannot
cannot truthfully either admit or truthfully either admit or deny those
deny those matters. matters.
Objections to any request for Objections to any request for
admission shall be submitted to the admission shall be submitted to the
court by the party requested within court by the party requested within the
the period for and prior to the filing period for and prior to the filing of his
of his sworn statement as or her sworn statement as
contemplated in the preceding contemplated in the preceding
paragraph and his compliance paragraph and his or her compliance
therewith shall be deferred until therewith shall be deferred until such
such objections are resolved, objections are resolved, which
which resolution shall be made as resolution shall be made as early as
early as practicable. 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.
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
PROVISION
Sec. 1. Schedule of NO ORIGINAL The parties shall strictly observe the ❑ The amendment in Sec. 1 requires
PROVISION scheduled hearings as agreed upon that parties should observe
trial and set forth in the pre-trial order. scheduled hearings as agreed upon
and set forth in the pre-trial order
(a) The schedule of the trial dates, for ❑ The schedule of the trial dates for the
both plaintiff and defendant, shall be parties shall be continuous based on
continuous and within the following the following periods:
periods:
(i) The initial presentation of plaintiff’s ➢ Initial presentation of plaintiff’s
evidence shall be set not later than evidence set not later than 30
thirty (30) calendar days after the calendar days after the termination of
termination of the pre-trial conference. the pre-trial conference
Plaintiff shall be allowed to present its ➢ Plaintiff, 30 calendar days after the
evidence within a period of three (3) pre-trial conference, is allowed to
months or ninety calendar days which present its evidence within 3 months,
shall include the date of the judicial or 90 calendar days, which includes
dispute resolution, if necessary; the date of the JDR, if necessary
(ii) The initial presentation of ➢ Defendant, 30 calendar days after the
defendant’s evidence shall be set not court’s ruling on plaintiff’s formal offer
later than thirty (30) calendar days after of evidence, is allowed to present its
the court’ s ruling on plaintiff’s formal evidence within 3 months or 90
offer of evidence. The defendant shall calendar days
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.
RULE 29
TRIAL – cont.

PROVISION
Sec. 1. Schedule of (iii) The period for the presentation of ❑ If there is a third (fourth, etc.)-
evidence on the third (fourth, etc.)- party claim, counterclaim or
trial - cont. party claim, counterclaim or cross- cross-claim, the period for
claim shall be determined by the presentation of evidence will be
court, the total of which shall in no determined by the court, but the
case exceed ninety (90) calendar total of which shall not exceed
days; and 90 calendar days
(iv) If deemed necessary, the court ❑ The court shall set the
shall set the presentation of the presentation of rebuttal
parties’ respective rebuttal evidence, evidence for the parties, which
which shall be completed within a shall be completed within a
period of thirty (30) calendar days. period of 30 calendar days
(b) The trial dates may be shortened ❑ The trial dates may be
depending on the number of shortened depending on the
witnesses to be presented, provided number of witnesses, provided
that the pre sentation of evidence of that the presentation of
all parties shall be terminated within evidence of all parties shall be
a period of ten (10) months or three terminated within 10 months, or
hundred (300) calendar days. If there 300 calendar days
are no third (fourth, etc.)- party claim, ❑ If there are no third (fourth,
counterclaim or cross-claim, the etc.)-party claim, counterclaim
presentation of evidence shall be or cross-claim, the presentation
terminated within a period of six (6) of evidence shall be terminated
months or one hundred eighty (180) within a period of 6 months, or
calendar days. 180 calendar days
(c) The court shall decide and serve ❑ The court shall decide and
copies of its decision to the parties serve copies of its decision to
within a period not exceeding ninety the parties within 90 calendar
(90) calendar days from the days form submission of the
submissi on of the case for case for resolution, with or
resolution, with or without without memoranda
memoranda.
RULE 29
TRIAL – cont.
PROVISION
Sec. 2. A court may adjourn a trial from A court may adjourn a trial from day to day, ❑ The amendment in Sec. 2
day to day, and to any stated and to any stated time, as the expeditious pertains to a new 2nd par.
Adjournments and time, as the expeditious and and convenient transaction of business may which provides that the party
postponements convenient transaction of require, but shall have no power to adjourn a who caused the postponement
business may require, but shall trial for a longer period than one month for must be warned that the
have no power to adjourn a trial each adjournment, nor more than three (3) presentation of its evidenc e
for a longer period than one months in all, except when authorized in must still be terminated on the
month for each adjournment, nor writing by the Court Administrator, Supreme remaining dates previously
more than three (3) months in all, Court. agreed upon.
except when authorized in writing
by the Court Administrator, The party who caused the postponement
Supreme Court. is warned that the presentation of its
evidence must still be terminated on the
remaining dates previously agreed upon.
Sec. 4. Hearing NO ORIGINAL PROVISION Trial shall be held from Monday to ❑ This is a new section.The
Thursday, and courts shall call the cases amendment requires that trial
days and at exactly 8:30 a.m. and 2:00 p.m., should be from Monday to
calendar call pursuant to Admini strative Circular No. Thursday. Also, courts shall
3-99. Hearing on motions shall be held on call cases at exactly 8:30 a.m.
Fridays, pursuant to Sec. 8, Rule 15. and 2:00 p.m.
❑ Hearings on motions shall be
held on Fridays
All courts shall ensure the posting of ❑ Court calendars should be
their court calendars outside their posted outside the courtrooms
courtroom s at least one (1) day before at least one day before the
the scheduled hearings, pursuant to OCA scheduled hearings.
Circular No. 250-2015.
Sec. 6. Oral offer NO ORIGINAL PROVISION The offer of evidence, the comment or ❑ This is a new section.
objection thereto, and the court ruling ❑ The amendment requires that
of exhibits shall be made orally in accordance with the offer of evidence, the
Sections 35 to 40 of Rule 132 (Rule on comment or objection thereto,
Presentation of Evidence). and the court ruling shall all be
made orally.
RULE 29
TRIAL – cont.
PROVISION PROVISION
Sec. 8. Suspension of The suspension of actions shall be The suspension of actions shall be ❑ The amendment in Sec. 8
governed by the provisions of the governed by the provisions of the Civil provides that suspension of
actions Civil Code. Code and other laws. actions shall be governed, not
only by the Civil Code, but
also by other laws.
Sec. 9. Judge to The judge of the court where the The judge of the court where the case ❑ The amendment in Sec. 9 is,
case is pending shall personally is pending shall personally receive the among others, only gender-
receive evidence; receive the evidence to be adduced evidence to be adduced by the based.
delegation to clerk of by the parties. However, in default parties. However, in default or ex ❑ Also, it provides that
court or ex parte hearings, and in any parte hearings, and in any case where objections to any question or
case where the parties agree in the parties agree in writing, the court to the admissions of exhibits
writing, the court may delegate the may delegate the reception of during reception of evidenc e
reception of evidence to its clerk of evidence to its clerk of court who is a before the clerk of court shall
court who is a member of the bar. member of the bar. The clerk of court be resolved by the court within
The clerk of court shall have no shall have no power to rule on 10 calendar days from
power to rule on objections to any objections to any question or to the submission of the clerk of
question or to the admission of admission of exhibits, which court’s report.
exhibits, which objections shall be objections shall be resolved by the
resolved by the court upon court upon submission of his or her
submission of his report and the report and the transcripts within ten
transcripts within ten (10) days (10) calendar days from termination
from termination of the hearing. of the hearing.
RULE 31
TRIAL BY COMMISSIONER
PROVISION PROVISION
Sec. 5. Proceedings Upon receipt of the order of Upon receipt of the order of reference ❑ The amendment in Sec. 5
before commissioner reference and unless otherwise (and) unless otherwise provided requires that the commissioner
provided therein, the commissioner therein, the commissioner shall should set a time and place for
shall forthwith set a time and place forthwith set a time and place for the the first meeting of the parties
for the first meeting of the parties or first meeting of the parties or their or counsel before him/her
their counsel to be held within ten counsel to be held within ten (10) within 10 calendar days after
(10) days after the date of the order calendar days after the date of the the date of the order of
of reference and shall notify the order of reference and shall notify the reference.
parties or their counsel. parties or their counsel.
Sec. 10. Notice to parties Upon the filing of the report, the Upon the filing of the report, the parties ❑ The amendment in Sec. 10
of the filing of report parties shall be notified by the clerk, shall be notified by the clerk, and they requires that objections to the
and they shall be allowed ten (10) shall be allowed ten (10) calendar findings of the report of the
days within which to signify grounds days within which to signify grounds of commissioner by the parties
of objections to the findings of the objections to the findings of the report, should be done within 10
report, if they so desire. Objections if they so desire. Objections to the calendar days from notice
to the report based upon grounds report based upon grounds which were thereof.
which were available to the parties available to the parties during the
during the proceedings before the proceedings before the commissioner,
commissioner, other than objections other than objections to the findings
to the findings and conclusions and conclusions therein set forth, shall
therein set forth, shall not be not be considered by the court unless
considered by the court unless they they were made before the
were made before the commissioner.
commissioner.
NOTE1: No amendment in Rule on CONSOLIDATION OR SEVERANCE which should now be RE-NUMBERED as Rule
30 (not Rule 31).
NOTE2: No amendment in Sec. 1 (Reference by consent), Sec. 2 (Reference ordered on motion), Sec. 12 (Stipulations as
to findings), and Sec. 13 (Compensation of commissioner)
NOTE3: The amendments in Sec. 3 (Order of reference; powers of the commissioner), Sec. 4. (Oath of commissioner),
Sec. 6 (Failure of 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.
RULE 31
TRIAL BY COMMISSIONER – cont.
PROVISION
Sec. 11. Hearing Upon the expiration of the period of Upon the expiration of the period of ten ❑ The amendment in Sec. 11
ten (10) days referred to in the calendar (10) days referred to in the requires that the report should
upon report preceding section, the report shall be preceding section, the report shall be be set for hearing within 10
set for hearing, after which the court set for hearing, after which the court calendar days from
shall issue an order adopting, shall issue an order adopting, modifying, submission of an objection
modifying, or rejecting the report in or rejecting the report in whole or in thereto.
whole or in part, or recommitting with part, or recommitting with instructions,
instructions, or requiring the parties to or requiring the parties to present further
present further evidence before the evidence before the commissioner of
commissioner of the court. the court.
RULE 32
DEMURRER TO EVIDENCE
PROVISION PROVISION
Sec. 2. Action on NO ORIGINAL PROVISION A demurrer to evidence shall be ❑ This is a new section. The
subject to the provi sions of Rule 15 amendment requires that a
demurrer to (Motions). demurrer to evidence is
evidence subject to Rule 15 on Motions.
The order denying the demurrer to ❑ Also, an order denying the
evidence shall not be subject of an demurrer to evidence is not
appeal or petition for certiorari, subject to appeal or petition
prohibition or mandamus before for certiorari, prohibition or
judgment. 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
PROVISION PROVISION
Sec. 2. Action on NO ORIGINAL PROVISION The court may motu proprio or on ❑ This is a new section.The
motion render judgment on the amendment provides that the
motion for judgment pleadings if it i s apparent that the court may motu proprio or on
on the pleadings answer fails to tender an issue, or motion render judgment on the
otherwise admits the material pleadings if it is apparent that
allegations of the adverse party’s the answer fails to tender an
pleadings. Otherwise, the motion issue or otherwise admits the
shall be subject to the provision s material allegations of the
of Rule 15 of these Rules. adverse party’s pleadings.
❑ If the above grounds are not
present, the motion is subject
to Rule 15 on Motions.
Any action of the court on a motion ❑ Also, any action on a motion
for judgment on the pleadgins shall for judgment on the pleadings
not be subject of an appeal or is not subject to appeal or
petition for certiorari, prohibition petition for certiorari,
or mandamus. 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
PROVISION
Sec. 3. Motion and The motion shall be served at The motion shall cite the ❑ The amendment in Sec. 3
proceedings least ten (10) days before the supporting affidavits, depositions requires that the motion for
time specified for the hearing. or admissions, and the specific summary judgment should
thereon
The adverse party may serve law relied upon. The adverse cite the supporting affidavits,
opposing affidavits, party may file a comment and depositions or admissions,
depositions, or admissions at serve opposing affidavits, and the specific law relied
least three (3) days before the depositions or admissions within upon
hearing. After the hearing, the a non-extendible period of five (5) ❑ Also, the adverse party may
judgment sought shall be calendar days from receipt of the file a comment thereto within
rendered forthwith if the motion. Unless the court orders a non-extendible period of 5
pleadings, supporting the conduct of a hearing, judgment calendar days from receipt of
affidavits, depositions, and sought shall be rendered forthwith if the motion
admissions on file, show that, the pleadings, supporting affidavits, ❑ Judgment may be rendered
except as to the amount of depositions and admissions on file, on the motion, unless the
damages, there is no genuine show that, except as to the amount court requires a hearing
issue as to any material fact of damages, there is no genuine
and that the moving party is issue as to any material fact and that
entitled to a judgment as a the moving party is entitled to
matter of law. judgment as a matter of law.
Any action of the court on a ❑ In addition, any action on a

motion for summary judgment motion for summary judgment
shall not be subject of an appeal is not subject to appeal or
or petition for certiorari, petition for certiorari,
prohibition or mandamus. prohibition or mandamus.
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 in Sec. 1 (Summary judgment for claimant), Sec. 2 (Summary judgment for defending party) and
Sec. 6 (Affidavits in bad faith)
RULE 34
SUMMARY JUDGMENTS – cont.

PROVISION
Sec. 4. Case not If on motion under this Rule, judgment is If on motion under this Rule, ❑ The amendment in
fully adjudicated on not rendered upon the whole case or for judgment is not rendered upon Sec. 4 allows the court
all the reliefs sought and a trial is the whole case or for all the to ascertain what
motion
necessary, the court at the hearing of reliefs sought and a trial is material facts exist
the motion, by examining the pleadings necessary, the court may, by without substantial
and the evidence before it and by examining the pleadings and the controversy, including
interrogating counsel shall ascertain evidence before it and by the extent to which the
what material facts exist without interrogating counsel, ascertain amount of damages or
substantial controversy and what are what material facts exist without other relief that is not
actually and in good faith controverted. substantial controversy, including in controversy.
It shall thereupon make an order the extent to which the amount of ❑ Also, the court need
specifying the facts that appear without damages or other relief is not in not ascertain what
substantial controversy, including the controversy, and directing such facts are actually and
extent to which the amount of damages further proceedings in the action in good faith
or other relief is not in controversy, and as are just. The facts so controverted.
directing such further proceedings in the ascertained shall be deemed ❑ Further, the facts
action as are just. The facts so specified established, and the trial shall be ascertained as without
shall be deemed established, and the conducted on the controverted controversy are
trial shall be conducted on the facts accordingly. deemed established
controverted facts accordingly.
RULE 143
EFFECTIVENESS
PROVISION
NONE These rules shall take These rules shall take effect on January 1, 1964. They ❑ The amendments in Rule 144
effect on January 1, shall govern all cases brought after they take effect, and (should be Rule 143) include,
1964. They shall govern also all further proceedings in cases then pending, among others, the effectivity of
all cases brought after except to the extent that in the opinion of the court their the 2019 Proposed Amendments
they take effect, and also application would not be feasible or would work injustice, to the Rules of Civil Procedure
all further proceedings in in which event the former procedure shall apply. which shall be on May 1, 2020.
cases then pending, ❑ Also, if the amendments are not
except to the extent that The 2019 Proposed Amendments to the 1997 Rules feasible or would work injustice to
in the opinion of the court of Civil Procedure shall govern all cases filed after certain proceedings, then the
their application would their effectivity on May 1, 2020, and also all pending procedure under which the cases
not be feasible or would proceedings, except to the extent that in the opinion were filed shall govern.
work injustice, in which of the court, their application would not be feasible
event the former or would work injustice, in which case the procedure
procedure shall apply. under which the cases were filed shall govern.
The application and adherence to the said ❑ Further, the Sub-Committee will
amendments shall be subject to periodic monitoring periodically monitor the
by the Sub-Committee, through the Office of the application and adherence to the
Court Administrator (OCA). For thi s purpose, all said amendments, through the
courts covered by the said amendments shall OCA.
accomplish and submit a periodic report of data in a ❑ A periodic report of data in a form
form to be generated and distributed by the OCA. to be generated and distributed
by the OCA will be required.
All rules, resolutions, regulations or circulars of the ❑ Other issuances of the S C
Supreme Court or parts thereof that are inconsi stent inconsistent with any provision of
with any provision of the said amendments are the proposed amendments are
hereby deemed repealed or modified accordingly. deemed repealed or modified
accordingly.
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).

The 2019 Amendments to the Rules of Civil Procedure

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NOTES

Deputy Court Administrator RAUL B. VILLANUEVA

The defenses of a party are The defenses of a party are

(c) If the court determines, ❑ Item (c) is a new provision.

Service through the electronic ❑ Service through email address or

Service by facsimile ❑ The third paragraph of S ec. 15 is also a

NOTE1: The old Sec. 4 (Return) was deleted.

SECTION ORIGINAL AMENDED REMARKS

SECTION ORIGINAL AMENDED REMARKS

SECTION ORIGINAL AMENDED REMARKS

SECTION ORIGINAL AMENDED PROVISION REMARKS

Should there be a refusal on the ❑ This is also a new provision.

If the foreign private juridical entity ❑ This is a new paragraph in

Any order granting such leave ❑ The 2nd par. in Sec. 16 is a

Should substituted service have been ❑ Should substituted service

SECTION SUMMARY OF REMARKS

*These are extra slides only involving the old RULE 16

Non-appearance at any of the foregoing ❑ Non-appearance at the dates for

SECTION ORIGINAL AMENDED REMARKS

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

SECTION ORIGINAL AMENDED PROVISION REMARKS

Any action of the court on a ❑ In addition, any action on a

SECTION ORIGINAL PROVISION AMENDED REMARKS

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