2019 PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE

Rule 7, Sec. 3 & Sec. 4

VERIFICATION AND CERTIFICATION
I, _____________________, after having been duly sworn to in accordance with law
do hereby depose and say:
1. I am the Petitioner/Respondent in the above-entitled Pleading and have
caused the preparation of the same and have read the pleading and
document;

2. The allegations in the pleading are true and correct based on my

personal knowledge, information and belief, formed after inquiry
reasonable under the circumstances, or based on authentic documents;

3. It is not being presented for any improper purpose such as to harass,

cause unnecessary delay, or needlessly increase the cost of litigation;

4. The claims, defenses, and other legal contentions are warranted by

existing law or jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing jurisprudence;

5. The factual contentions have evidentiary support or, if specifically, so

identified, will likely have evidentiary support after availment of the
modes of discovery under these rules; and

6. The denials of factual contentions are warranted on evidence or, if

specifically, so identified, are reasonably based on belief or a lack of
information.

7. I hereby certify that I have not commenced any action or filed any claim
involving the same issued in any court, tribunal or quasi-judicial agency
and to the best of my knowledge, no such other action or claim is
pending therein; I hereby undertake to report such fact within five (5)
days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated herein have been filed; I executed this
verification/certification to attest to the truth of the foregoing facts and
to comply with the provisions of Adm. Circular No. 04-94 of the
Honorable Supreme Court.
IN WITNESS WHEREOF, have hereunto affixed my signature this ____ day of
____________ 2020, in the City of Calamba, Laguna.

Rule 7, Sec. 6
Every pleading which state’s a party’s claim or defense shall include:
1. Judicial Affidavit of Witnesses;
2. Summary of witnesses and their intended testimonies;
3. Documentary and object evidence in support of the allegations contained
in the pleading.
Rule 8, Sec. 12 & Rule 6, Sec. 5(b)
Affirmative defenses which can only be raised on appeal:
1. Fraud
2. Statute of Limitations;
2019 PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE

3. Release;
4. Payment;
5. Illegality;
6. Statute of Frauds;
7. Estoppel;
8. Former Recovery;
9. Discharge in bankruptcy;
10.Confession/Avoidance;
11.Court has no jurisdiction over the subject matter*1;
12.Litis Pendencia*;
13.Resjudicata*;
14.Court has no jurisdiction over the person of the defending party;
15.Venue improperly laid;
16.Plaintiff has no legal capacity to sue;
17.Pleading asserting the claims states no cause of action;
18.Condition Precedent for filing the claim has not been complied with.

Rule 11: Prescriptive Periods:

1. Answer to the complaint- w/in 30 calendar days after service of
summons;
2. Answer to counterclaim/cross claim- w/in 20 calendar days from service;
3. Answer to third-party complaint- w/in 30 calendar days;
4. Reply- w/in 15 calendar days from service of pleading;
5. Answer to supplemental complaint- w/in 20 days from notice of the
order admitting the same.
6. Motion to extend to file an answer- additional 30 days to file an answer
only once. Motion to extend any other pleading shall be treated as a mere
scrap of paper.
Rule 13, Sec. 12: e-mail format:
CASE NUMBER, CASE TITLE & PLEADING, ORDER/DOCUMENT TITLE.
Rule 13, Sec. 12: Documents which require personal service or through
registered mail
1. Initiatory pleading and initial responsive pleadings;
2. Subpoena, protection orders, and writs;
3. Appendices and exhibits to motions, or other documents that are not
readily amenable to electronic scanning;
4. Sealed and confidential documents or records.

1
*Can cause the dismissal of the action.