Proposed amendments to 1997 Rules of Civil Procedure

PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE
1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS
RULE 6
KINDS OF PLEADINGS
Section 1. Pleadings defined. — Pleadings are Section 1. Pleadings defined. - Pleadings are
the written statements of the respective the written statements of the respective
claims and defenses of the parties submitted claims and defenses of the parties
to the court for appropriate judgment. (1a) submitted to the court for appropriate
judgment. (1)
Section 2. Pleadings allowed. — The claims of a Section 2. Pleadings allowed. - The claims of
party are asserted in a complaint, a party are asserted in a complaint,
counterclaim, cross-claim, third (fourth, etc.)- counterclaim, cross-claim, third (fourth,
party complaint, or complaint-in- etc.)-party complaint, or complaint-in-
intervention. intervention.
The defenses of a party are alleged in the

The defenses of a party are alleged in the answer to the pleading asserting a claim
answer to the pleading asserting a claim against him or her.
against him.
An answer may be responded to by a reply
An answer may be responded to by a reply. only if the defending party attaches an
(n) actionable document to the answer.1 (2a)
Section 3. Complaint. — The complaint is the Section 3. Complaint. - The complaint is the
pleading alleging the plaintiff's cause or pleading alleging the plaintiff’s or claiming
causes of action. The names and residences of party’s2 cause or causes of action. The
the plaintiff and defendant must be stated in names and residences of the plaintiff and
the complaint. (3a) defendant must be stated in the complaint.
(3a)
Section 4. Answer. — An answer is a pleading Section 4. Answer. - An answer is a

in which a defending party sets forth his pleading in which a defending party sets
defenses. (4a) forth his or her defenses. (4a)
Section 5. Defenses. — Defenses may either be Section 5. Defenses. — Defenses may either
1
There is jurisprudence to the effect that if there is an actionable document
appended to an answer, one has to file a reply. It should only be in that instance that an
answer may be responded to by a reply, so that the parties will not take advantage of a
reply.
2
The term “plaintiff” or “claiming party” may refer to the counter-claimant, the
cross-claimant, or the third (fourth, etc.)-party plaintiff. The use of the term “claiming
party” under Section 3, Rule 6 is consistent with Section 4, Rule 6 which uses the term
“defending party,” and that law students usually confused that in counter-claim, cross-
claim and third-party claim, etc., the claimant becomes a plaintiff, as to such claim.
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negative or affirmative. be negative or affirmative.
(a) A negative defense is the specific denial of (a) A negative defense is the specific denial
the material fact or facts alleged in the of the material fact or facts alleged in the
pleading of the claimant essential to his cause pleading of the claimant essential to his or
or causes of action. her cause or causes of action.
(b) An affirmative defense is an allegation of a (b) An affirmative defense is an allegation

new matter which, while hypothetically of a new matter which, while
admitting the material allegations in the hypothetically admitting the material
pleading of the claimant, would nevertheless allegations in the pleading of the claimant,
prevent or bar recovery by him. The would nevertheless prevent or bar recovery
affirmative defenses include fraud, statute of by him or her. The affirmative defenses
limitations, release, payment, illegality, include fraud, statute of limitations,
statute of frauds, estoppel, former recovery, release, payment, illegality, statute of
discharge in bankruptcy, and any other frauds, estoppel, former recovery,
matter by way of confession and avoidance. discharge in bankruptcy, and any other
(5a) matter by way of confession and
avoidance.
Affirmative defenses may also include

grounds for the dismissal of a complaint,
specifically, that the court has no
jurisdiction over the subject matter, that
there is another action pending between
the same parties for the same cause, or that
the action is barred by a prior judgment.
(5a)3
Section 6. Counterclaim. — A counterclaim is Section 6. Counterclaim. — A counterclaim

any claim which a defending party may have is any claim which a defending party may
against an opposing party. (6a) have against an opposing party. (6)
Section 7. Compulsory counterclaim. — A Section 7. Compulsory counterclaim. — A

compulsory counterclaim is one which, being compulsory counterclaim is one which,
cognizable by the regular courts of justice, being cognizable by the regular courts of
arises out of or is connected with the justice, arises out of or is connected with
transaction or occurrence constituting the the transaction or occurrence constituting
subject matter of the opposing party's claim the subject matter of the opposing party's
and does not require for its adjudication the claim and does not require for its
presence of third parties of whom the court adjudication the presence of third parties of
cannot acquire jurisdiction. Such a whom the court cannot acquire jurisdiction.
counterclaim must be within the jurisdiction Such a counterclaim must be within the
of the court both as to the amount and the jurisdiction of the court both as to the
3
Added lack of jurisdiction over the subject matter, res judicata and litis pendentia
as grounds that may be included as affirmative defenses in the answer rather than in a
motion to dismiss.
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nature thereof, except that in an original amount and the nature thereof, except that
action before the Regional Trial Court, the in an original action before the Regional
counter-claim may be considered compulsory Trial Court, the counterclaim may be
regardless of the amount. (n) considered compulsory regardless of the
amount. A compulsory counterclaim not
raised in the same action is barred, unless
otherwise allowed by these Rules.4 (7a)
Section 8. Cross-claim. — A cross-claim is any Section 8. Cross-claim. - A cross-claim is

claim by one party against a co- party arising any claim by one party against a co-party
out of the transaction or occurrence that is the arising out of the transaction or occurrence
subject matter either of the original action or that is the subject matter either of the
of a counterclaim therein. Such cross-claim original action or of a counterclaim therein.
may include a claim that the party against Such cross-claim may cover all or part of
whom it is asserted is or may be liable to the the original claim.5 (8a)
cross- claimant for all or part of a claim
asserted in the action against the cross-
claimant. (7)
Section 9. Counter-counterclaims and counter- Section 9. Counter-counterclaims and counter-

crossclaims. — A counter-claim may be cross-claims. — A counterclaim may be
asserted against an original counter-claimant. asserted against an original counter-
claimant.
A cross-claim may also be filed against an
original cross-claimant. (n) A cross-claim may also be filed
against an original cross-claimant. (9)
Section 10. Reply. — A reply is a pleading, the Section 10. Reply.6 — All new matters
office or function of which is to deny, or alleged in the answer are deemed
allege facts in denial or avoidance of new controverted. If the plaintiff wishes to
matters alleged by way of defense in the interpose any claims arising out of the new
answer and thereby join or make issue as to matters so alleged, such claims shall be set
such new matters. If a party does not file such forth in an amended or supplemental
4
Additional paragraph to codify the jurisprudential rule on the waiver of
compulsory counterclaim not raised in same action. (Financial Building v. Forbes Park
Association, G.R. No. 133119. August 17, 2000)
5
Last sentence of the original provision was simplified to avoid confusion.
6
Considering that a reply is only allowed if the answer is based on an actionable
document, and that an answer has been filed at this stage of the proceeding, the reply
can only be amended or a supplemental pleading can only be filed with leave of court,
and that the judge has an authority not to allow the reply on the part of the plaintiff.
The plaintiff could exercise the right of filing a reply or opt to simply amend. If there is
a reply and there is an actionable document, it becomes mandatory.
Under the 1st paragraph of Section 10, amendment is not a matter of right
because an answer has already been filed, while under the 2 nd paragraph thereof, the
filing of reply is still a matter of right if there is an actionable document only. The
purpose of the amendment is to limit the filing of a reply.
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reply, all the new matters alleged in the complaint. However, the plaintiff may file a
answer are deemed controverted. reply only if the defending party attaches
an actionable document to his or her
If the plaintiff wishes to interpose any answer.
claims arising out of the new matters so
alleged, such claims shall be set forth in an A reply is a pleading, the office or function
amended or supplemental complaint. (11) of which is to deny, or allege facts in denial
or avoidance of new matters alleged in, or
relating to, said actionable document.
In the event of an actionable document

attached to the reply, the defendant may
file a rejoinder if the same is based solely
on an actionable document. (10a)
Section 11. Third, (fourth, etc.)—party Section 11. Third, (fourth, etc.)-party
complaint. — A third (fourth, etc.) - party complaint. — A third (fourth, etc.)-party
complaint is a claim that a defending party complaint is a claim that a defending party
may, with leave of court, file against a person may, with leave of court, file against a
not a party to the action, called the third person not a party to the action, called the
(fourth, etc.) — party defendant for third (fourth, etc.)-party defendant for
contribution, indemnity, subrogation or any contribution, indemnity, subrogation or
other relief, in respect of his opponent's claim. any other relief, in respect of his or her
(12a) opponent's claim.
The third (fourth, etc.)-party complaint

shall be denied admission, and the court
shall require the defendant to institute a
separate action, where: (a) the third (fourth,
etc.)-party defendant cannot be located
within thirty (30) calendar days7 from the
grant of such leave; (b) matters extraneous
to the issue in the principal case are raised; 8
or (c) the effect would be to introduce a
new and separate controversy into the
action. (11a)
Section 12. Bringing new parties. — When the Section 12. Bringing new parties. — When
presence of parties other than those to the the presence of parties other than those to
original action is required for the granting of the original action is required for the
complete relief in the determination of a granting of complete relief in the
counterclaim or cross-claim, the court shall determination of a counterclaim or cross-
order them to be brought in as defendants, if claim, the court shall order them to be
jurisdiction over them can be obtained. (14) brought in as defendants, if jurisdiction
7
With respect to the third-party defendant which cannot be located, a fixed 30-day
period was suggested, in order to avoid delay.
8
The phrase “matters extraneous to the issue” is based on Firestone Tire and Rubber
Company v. Tempongko (G.R. No. L-24399, March 28, 1969).
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over them can be obtained. (12)
Section 13. Answer to third (fourth, etc.)-party Section 13. Answer to third (fourth, etc.)-party
complaint. — A third (fourth, etc.)-party complaint. — A third (fourth, etc.)-party
defendant may allege in his answer his defendant may allege in his or her answer
defenses, counterclaims or cross-claims, his or her defenses, counterclaims or cross-
including such defenses that the third (fourth, claims, including such defenses that the
etc.)-party plaintiff may have against the third (fourth, etc.)-party plaintiff may have
original plaintiff's claim. In proper cases, he against the original plaintiff's claim. In
may also assert a counterclaim against the proper cases, he or she may also assert a
original plaintiff in respect of the latter's claim counterclaim against the original plaintiff
against the third-party plaintiff. (n) in respect of the latter's claim against the
third-party plaintiff. (13a)
RULE 7
PARTS AND CONTENTS9 OF A PLEADING
Section 1. Caption. — The caption sets forth Section 1. Caption. — The caption sets forth
the name of the court, the title of the action, the name of the court, the title of the action,
and the docket number if assigned. and the docket number if assigned.
The title of the action indicates the names The title of the action indicates the
of the parties. They shall all be named in the names of the parties. They shall all be
original complaint or petition; but in named in the original complaint or
subsequent pleadings, it shall be sufficient if petition; but in subsequent pleadings, it
the name of the first party on each side be shall be sufficient if the name of the first
stated with an appropriate indication when party on each side be stated with an
there are other parties. appropriate indication when there are
other parties.
Their respective participation in the case
shall be indicated. (1a, 2a) Their respective participation in the
case shall be indicated. (1)
Section 2. The body. — The body of the Section 2. The body. — The body of the
pleading sets forth its designation, the pleading sets forth its designation, the
allegations of the party's claims or defenses, allegations of the party's claims or
the relief prayed for, and the date of the defenses, the relief prayed for, and the date
pleading. (n) of the pleading.
(a) Paragraphs. — The allegations in the body (a) Paragraphs. — The allegations in the
of a pleading shall be divided into paragraphs body of a pleading shall be divided into
so numbered to be readily identified, each of paragraphs so numbered to be readily
which shall contain a statement of a single set identified, each of which shall contain a
9
The words “and Contents” of a pleading in view of the insertion of a new
provision under said Rule.
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of circumstances so far as that can be done statement of a single set of circumstances

with convenience. A paragraph may be so far as that can be done with
referred to by its number in all succeeding convenience. A paragraph may be referred
pleadings. (3a) to by its number in all succeeding
pleadings.
(b) Headings. — When two or more causes of
action are joined the statement of the first (b) Headings. — When two or more causes
shall be prefaced by the words "first cause of of action are joined, the statement of the
action,'' of the second by "second cause of first shall be prefaced by the words "first
action", and so on for the others. cause of action,'' of the second by "second
cause of action", and so on for the others.
When one or more paragraphs in the answer
are addressed to one of several causes of When one or more paragraphs in the
action in the complaint, they shall be prefacedanswer are addressed to one of several
by the words "answer to the first cause of causes of action in the complaint, they shall
action" or "answer to the second cause of be prefaced by the words "answer to the
action" and so on; and when one or more first cause of action" or "answer to the
paragraphs of the answer are addressed to second cause of action" and so on; and
several causes of action, they shall be when one or more paragraphs of the
prefaced by words to that effect. (4) answer are addressed to several causes of
action, they shall be prefaced by words to
(c) Relief. — The pleading shall specify the that effect.
relief sought, but it may add a general prayer
for such further or other relief as may be (c) Relief. — The pleading shall specify the
deemed just or equitable. (3a, R6) relief sought, but it may add a general
prayer for such further or other relief as
(d) Date. — Every pleading shall be dated. (n) may be deemed just or equitable.
(d) Date. — Every pleading shall be dated.

(4)
Section 3. Signature and Address. — Every Section 3. Signature and address.10 — (a)
pleading must be signed by the party or Every pleading and other written
counsel representing him, stating in either submissions to the court must be signed by
case his address which should not be a post the party or counsel representing him or
office box. her.
The signature of counsel constitutes a (b) The signature of counsel constitutes a

certificate by him that he has read the certificate by him or her that he or she has
pleading; that to the best of his knowledge, read the pleading and document; that to
information, and belief there is good ground the best of his or her knowledge,
to support it; and that it is not interposed for information, and belief, formed after an
delay. inquiry reasonable under the
circumstances: 11
10
Address must still be stated. The intention was to delete part that the address
should not be a post office box, because what is used in practice is either office or
residential address. If post office box address is used, the receipt of a mail may be
delayed.
11
Patterned after Rule 11 of the Federal Rules of Civil Procedure, which has proven
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An unsigned pleading produces no legal

effect. However, the court may, in its (1) It is not being presented for any
discretion, allow such deficiency to be improper purpose, such as to harass,
remedied if it shall appear that the same was cause unnecessary delay, or
due to mere inadvertence and not intended needlessly increase the cost of
for delay. counsel who deliberately files an litigation;
unsigned pleading, or signs a pleading in
violation of this rule, or alleges scandalous or (2) The claims, defenses, and other legal
indecent matter therein, or fails promptly contentions are warranted by
report to the court a change of his address, existing law or jurisprudence, or by
shall be subject to appropriate disciplinary a non-frivolous argument for
action. (5a) extending, modifying, or reversing
existing jurisprudence;
(3) 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
(4) The denials of factual contentions

are warranted on the evidence or, if
specifically so identified, are
reasonably based on belief or a lack
of information.
(c) If the court determines, on motion or

motu proprio and after notice and hearing,
that this rule has been violated, it may
impose an appropriate sanction or refer
such violation to the proper office12 for
disciplinary action, on any attorney, law
firm, or party that violated the rule, or is
responsible for the violation. Absent
exceptional circumstances, a law firm shall
be held jointly and severally liable for a
violation committed by its partner,
associate, or employee. The sanction may
include, but shall not be limited to, non-
monetary directive or sanction; an order to
pay a penalty in court; or, if imposed on
motion and warranted for effective
deterrence, an order directing payment to
the movant of part or all of the reasonable
attorney’s fees and other expenses directly
to be an effective tool in preventing baseless and frivolous suits and dilatory tactics. It
makes the lawyer personally liable, without the ability to pass on the penalty to the
client.
12
Office of the Bar Confidant or Integrated Bar of the Philippines.
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resulting from the violation, including

attorney’s fees for the filing of the motion
for sanction. The lawyer or law firm
cannot pass on the monetary penalty to the
client. (3a)
Section 4. Verification. — Except when Section 4. Verification.13 — Except when

otherwise specifically required by law or rule, otherwise specifically required by law or
pleadings need not be under oath, verified or rule, pleadings need not be under oath or
accompanied by affidavit. (5a) verified.
A pleading is verified by an affidavit thatA pleading is verified by an affidavit of an

the affiant has read the pleading and that the affiant duly authorized to sign said
allegations therein are true and correct of hisverification. The authorization of the affiant
personal knowledge and based on authentic to act on behalf of a party, whether in the
records. form of a secretary’s certificate or a special
power of attorney, should be attached to
A pleading required to be verified which the pleading, and shall allege the following
contains a verification based on “information attestations:
and belief,” or upon “knowledge, information
and belief,” or lacks a proper verification, (a) The allegations in the pleading are
shall be treated as an unsigned pleading. (6a) true and correct based on his or her
personal knowledge, or based on
authentic documents;
13
There is a suggestion that all pleadings should be verified similar to the 1991
Revised Rule on Summary Procedure, in order to hold the parties liable. To avoid
controversy or delay as regards denial and admissions, all pleadings must be verified.
For instance, if an answer is filed denying an allegation, but there is failure to verify
under oath as required, then the allegation is deemed admitted. There was a suggestion
that lawyers should be given the chance to verify, if all pleadings are required to be
verified. However, it may be too burdensome to require all pleadings to be verified. In
intra-corporate cases, if the lawyer has an initial authority, he or she may verify. There
are lots of cases involving failure to deny under oath.
If there is already a reply, the filing of amended or supplemental pleading is with
leave of court, subject to Rule 10. If the defendant can file an amended or supplemental
pleading to answer the actionable document attached to the reply, because there
appears to be no provision how the defendant will answer a plaintiff’s reply with
attached actionable document. The remedy of the defendant is amendment of
pleadings. Such amendment must be with leave of court, because an answer has already
been filed. The purpose of the proposed amendments is to cut short the submission of
pleadings.
The Sub-Committee members suggested that there should be no further
pleadings after the reply, and that there should be no rejoinder, but there could be an
amended answer. However, creative lawyers may take advantage, if the filing of
amended answer after the reply will be allowed. Reply is only possible if the answer is
based on an actionable document. The defendant should be allowed to file a
supplement to contest the actionable document attached to the plaintiff’s reply.
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(b) The pleading is not filed to harass,

cause unnecessary delay, or
needlessly increase the cost of
litigation; and
(c) The factual allegations therein have

evidentiary support or, if specifically
so identified, will likewise have
evidentiary support after a
reasonable opportunity for
discovery.
The signature of the affiant shall further

serve as a certification of the truthfulness
of the allegations in the pleading.
A pleading required to be verified that

contains a verification based on
“information and belief,” or upon
“knowledge, information and belief,” or
lacks a proper verification, shall be treated
as an unsigned pleading. (4a)
Section 5. Certification against forum shopping.Section 5. Certification against forum

— The plaintiff or principal party shall certifyshopping. — The plaintiff or principal party
under oath in the complaint or other shall certify under oath in the complaint or
initiatory pleading asserting a claim for relief,
other initiatory pleading asserting a claim
or in a sworn certification annexed thereto for relief, or in a sworn certification
and simultaneously filed therewith: (a) that annexed thereto and simultaneously filed
he has not theretofore commenced any action therewith: (a) that he or she has not
or filed any claim involving the same issues in theretofore commenced any action or filed
any court, tribunal or quasi-judicial agency any claim involving the same issues in any
and, to the best of his knowledge, no such court, tribunal or quasi-judicial agency and,
other action or claim is pending therein; (b) ifto the best of his or her knowledge, no such
there is such other pending action or claim, a other action or claim is pending therein; (b)
complete statement of the present status if there is such other pending action or
thereof; and (c) if he should thereafter learn claim, a complete statement of the present
that the same or similar action or claim has status thereof; and (c) if he or she should
been filed or is pending, he shall report that thereafter learn that the same or similar
fact within five (5) days therefrom to the courtaction or claim has been filed or is pending,
wherein his aforesaid complaint or initiatory he or she shall report that fact within five
pleading has been filed. (5) calendar days therefrom to the court
wherein his or her aforesaid complaint or
Failure to comply with the foregoing initiatory pleading has been filed.
requirements shall not be curable by mere
amendment of the complaint or other The authorization of the affiant to act on
initiatory pleading but shall be cause for the behalf of a party, whether in the form of a
dismissal of the case without prejudice, unless secretary’s certificate or a special power of
otherwise provided, upon motion and after attorney, should be attached to the
hearing. The submission of a false pleading. 14
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certification or non-compliance with any of

the undertakings therein shall constitute Failure to comply with the foregoing
indirect contempt of court, without prejudice requirements shall not be curable by mere
to the corresponding administrative and amendment of the complaint or other
criminal actions. If the acts of the party or his initiatory pleading but shall be cause for
counsel clearly constitute willful and the dismissal of the case without prejudice,
deliberate forum shopping, the same shall be unless otherwise provided, upon motion
ground for summary dismissal with prejudice and after hearing. The submission of a false
and shall constitute direct contempt, as well certification or non-compliance with any of
as a cause for administrative sanctions. (n) the undertakings therein shall constitute
indirect contempt of court, without
prejudice to the corresponding
administrative and criminal actions. If the
acts of the 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. (5a)
Section 6. Contents.15 — Every pleading

No counterpart provision. stating a party’s claims or defenses shall, in
addition to those mandated by Section 2,
Rule 7, state the following:
(a) Names of witnesses who will be

presented to prove a party’s claim or
defense;
(b) Summary of the witnesses’ intended

testimonies, provided that the
judicial affidavits16 of said witnesses
shall be attached to the pleading and
form an integral part thereof. Only
witnesses whose judicial affidavits
are attached to the pleading shall be
presented by the parties during trial.
14
Usual practice if the party is abroad.
15
Once a complaint is filed, the plaintiff must already have a list of witnesses, and
their affidavits must be attached already to the complaint. This is because if pleadings
are evidentiary, complainants should be ready with all their witnesses and documents.
If there are crucial witnesses, the complaint should not yet be filed, more so if the
evidence is not complete. The policy is to lay down all cards in the complaint, and if
there are no witnesses, that is the plaintiff’s lookout. If the defendant cannot procure the
witness, the defendant must state in the answer the summary of the intende d testimony
and produce the judicial affidavit. It was the consensus that a party cannot come to the
court unless alternative dispute resolution has been exhausted.
16
Direct reference to A.M. No. 12-8-8-SC, otherwise known as the “Judicial
Affidavit Rule” was avoided because of the strict form required thereunder.
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Except if a party presents

meritorious reasons as basis for the
admission of additional witnesses,
no 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. (n)
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1. In general. — Every pleading shall Section 1. In general. — Every pleading shall
contain in a methodical and logical form, a contain in a methodical and logical form, a
plain, concise and direct statement of the plain, concise and direct statement of the
ultimate facts on which the party pleading ultimate facts, including the evidence17 on
relies for his claim or defense, as the case may which the party pleading relies for his or her
be, omitting the statement of mere claim or defense, as the case may be.
evidentiary facts. (1)
If a cause of action18 or defense relied on is
If a defense relied on is based on law, the based on law, the pertinent provisions
pertinent provisions thereof and their thereof and their applicability to him or her
applicability to him shall be clearly and shall be clearly and concisely stated. (1a)
concisely stated. (n)
Section 2. Alternative causes of action or Section 2. Alternative causes of action or

defenses. — A party may set forth two or more defenses. — A party may set forth two or
statements of a claim or defense alternatively more statements of a claim or defense
or hypothetically, either in one cause of alternatively or hypothetically, either in one
action or defense or in separate causes of cause of action or defense or in separate
action or defenses. When two or more causes of action or defenses. When two or
statements are made in the alternative and more statements are made in the alternative
one of them if made independently would be and one of them if made independently
sufficient, the pleading is not made would be sufficient, the pleading is not
insufficient by the insufficiency of one or made insufficient by the insufficiency of one
more of the alternative statements. (2) or more of the alternative statements. (2)
Section 3. Conditions precedent. — In any Section 3. Conditions precedent. — In any

pleading a general averment of the pleading, a general averment of the
performance or occurrence of all conditions performance or occurrence of all conditions
precedent shall be sufficient. (3) precedent shall be sufficient. (3)
17
“Evidence” includes testimonial and evidentiary facts.
18
Original provision appears to be one-sided; hence the insertion of the phrase
“cause of action.”
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Section 4. Capacity. — Facts showing the Section 4. Capacity. — Facts showing the
capacity of a party to sue or be sued or the capacity of a party to sue or be sued or the
authority of a party to sue or be sued in a authority of a party to sue or be sued in a
representative capacity or the legal existence representative capacity or the legal existence
of an organized association of person that is of an organized association of persons that
made a party, must be averred. A party is made a party, must be averred. A party
desiring to raise an issue as to the legal desiring to raise an issue as to the legal
existence of any party or the capacity of any existence of any party or the capacity of any
party to sue or be sued in a representative party to sue or be sued in a representative
capacity, shall do so by specific denial, which capacity, shall do so by specific denial,
shall include such supporting particulars as which shall include such supporting
are peculiarly within the pleader’s particulars as are peculiarly within the
knowledge. (4) pleader’s knowledge. (4)
Section 5. Fraud, mistake, condition of the mind. Section 5. Fraud, mistake, condition of the
— In all averments of fraud or mistake the mind. — In all averments of fraud or
circumstances constituting fraud or mistake mistake, the circumstances constituting
must be stated with particularity. Malice, fraud or mistake must be stated with
intent, knowledge, or other condition of the particularity. Malice, intent, knowledge, or
mind of a person may be averred generally. other condition of the mind of a person may
(5a) be averred generally. (5)
Section 6. Judgment. — In pleading a Section 6. Judgment. — In pleading a

judgment or decision of a domestic or foreign judgment or decision of a domestic or
court, judicial or quasi-judicial tribunal, or of foreign court, judicial or quasi-judicial
a board or officer, it is sufficient to aver the tribunal, or of a board or officer, it is
judgment or decision without setting forth sufficient to aver the judgment or decision
matter showing jurisdiction to render it. (6) without setting forth matter showing
jurisdiction to render it. An authenticated
copy of the judgment or decision shall be
attached to the pleading.19 (6a)
Section 7. Action or defense based on document. Section 7. Action or defense based on document.
— Whenever an action or defense is based - Whenever an action or defense is based
upon a written instrument or document, the upon a written instrument or document, the
19
If there is an averment that an action is barred by prior judgment, it is sufficient
under the present Rules but the judge will not see the judgment because it is not
attached to the pleading. If it will now be required that an authenticated copy of the
judgment be attached, the judge will be able to determine if indeed there is a bar by
prior judgment and if causes of action were litigated in that case. This will expedite the
proceedings because the judge can ask during trial what else should be discussed based
on the authenticated document. Moreover, stipulation is allowed already because the
document is already authenticated. There will be reduced delay because what is
happening is that if there is no authenticated copy, the adverse party will first ask the
production of the authenticated copy, resulting in delay.
Page 12 of 99
substance of such instrument or document substance of such instrument or document

shall be set forth in the pleading, and the shall be set forth in the pleading, and the
original or a copy thereof shall be attached to original or a copy thereof shall be attached
the pleading as an exhibit, which shall be to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said deemed to be a part of the pleading.20 (7a)
copy may with like effect be set forth in the
pleading. (7)
Section 8. How to contest such documents. — Section 8. How to contest such documents. -
When an action or defense is founded upon a When an action or defense is founded upon
written instrument, copied in or attached to a written instrument, or attached to the
the corresponding pleading as provided in corresponding pleading as provided in the
the preceding section, the genuineness and preceding section, the genuineness and due
due execution of the instrument shall be execution of the instrument shall be deemed
deemed admitted unless the adverse party, admitted unless the adverse party, under
under oath specifically denies them, and sets oath specifically denies them, and sets forth
forth what he claims to be the facts, but the what he or she claims to be the facts; but the
requirement of an oath does not apply when requirement of an oath does not apply when
the adverse party does not appear to be a the adverse party does not appear to be a
party to the instrument or when compliance party to the instrument or when compliance
with an order for an inspection of the original with an order for an inspection of the
instrument is refused. (8a) original instrument is refused. (8a)
Section 9. Official document or act. — In Section 9. Official document or act.- In

pleading an official document or official act, pleading an official document or official act,
it is sufficient to aver that the document was it is sufficient to aver that the document was
issued or the act done in compliance with issued or the act was done in compliance
law. (9) with law. (9)
Section 10. Specific denial. — A defendant Section 10. Specific denial. — A defendant
must specify each material allegation of fact must specify each material allegation of fact
the truth of which he does not admit and, the truth of which he or she does not admit
whenever practicable, shall set forth the and, whenever practicable, shall set forth
substance of the matters upon which he relies the substance of the matters upon which he
to support his denial. Where a defendant or she relies to support his or her denial.
desires to deny only a part of an averment, he Where a defendant desires to deny only a
shall specify so much of it as is true and part of an averment, he or she shall specify
material and shall deny only the remainder. so much of it as is true and material and
Where a defendant is without knowledge or shall deny only the remainder. Where a
information sufficient to form a belief as to defendant is without knowledge or
the truth of a material averment made to the information sufficient to form a belief as to
complaint, he shall so state, and this shall the truth of a material averment made to the
have the effect of a denial. (10a) complaint, he or she shall so state, and this
shall have the effect of a denial. (10a)
20
The phrase “or said copy may with like effect be set forth in the pleading” was
deleted in view of the new requirement that documents must be attached to the
pleading.
Page 13 of 99
Section 11. Allegations not specifically denied Section 11. Allegations not specifically denied
deemed admitted. — Material averment in the deemed admitted. — Material averments in a
complaint, other than those as to the amount pleading asserting a claim or claims, 21 other
of unliquidated damages, shall be deemed than those as to the amount of unliquidated
admitted when not specifically denied. damages, shall be deemed admitted when
Allegations of usury in a complaint to recover not specifically denied.22 (11a)
usurious interest are deemed admitted if not
denied under oath. (1a, R9)
No counterpart provision. Section 12. Affirmative defenses. — (a) A

defendant shall raise his or her affirmative
defenses in his or her answer, which shall be
limited to the reasons set forth under
Section 5(b), Rule 6, and the following
grounds:
1.That the court has no jurisdiction over

the person of the defending party;
2.That venue is improperly laid;
3.That the plaintiff has no legal capacity

to sue;
4.That the pleading asserting the claim

states no cause of action; and
5.That a condition precedent for filing

the claim has not been complied with.
(b) Failure to raise the affirmative defenses

at the earliest opportunity shall constitute a
waiver thereof.
(c) The court shall motu proprio resolve the

above affirmative defenses within thirty (30)
calendar days from the filing of the answer.
(d) As to the other affirmative defenses

under the first paragraph of Section 5(b),
21
The term “complaint” was replaced with the phrase “in a pleading asserting a
claim or claims” because there could also be a material averment in the answer, a third-
party complaint or cross-claim. A counter-claim can have unliquidated damages also.
22
Since there is no more usury, the Sub-Committee members also agreed to delete
the last sentence: “Allegations of usury in a complaint to recover usurious interest are
deemed admitted if not denied under oath.” Besides, the court can temper the amount
of damages, and amend the interest.
Page 14 of 99
Rule 6, the court may conduct a summary

hearing within fifteen (15) calendar days
from the filing of the answer. Such
affirmative defenses shall be resolved by the
court within thirty (30) calendar days from
the termination of the summary hearing.
(e) Affirmative defenses, if denied, shall not

be the subject of a motion for
reconsideration or petition for certiorari,
prohibition or mandamus, but may be among
the matters to be raised on appeal after a
judgment on the merits. 23 (n)
Section 12. Striking out of pleading or matter Section 13. Striking out of pleading or matter
contained therein. — Upon motion made by a contained therein. — Upon motion made by a
23
The cause of delay is that affirmative defenses are not raised in the answer, but
only in the motion to dismiss, which will be followed by a reply. There should be no
more motion to dismiss based on these grounds or defenses, which must now be
alleged in the answer. The court should be allowed to motu proprio dismiss the
complaint if the affirmative defenses are meritorious, because under the present Rules,
no judge causes motu proprio dismissal. The dismissal should now be without need of a
motion, because if an answer is filed only to find out later in the hearing of the
affirmative defense or in the pre-trial that the complaint should have been dismissed
upon receipt of the answer.
The Sub-Committee agreed to limit to the following grounds alleged in the
answer, the affirmative defenses that the court shall motu proprio resolve, namely: (1) no
jurisdiction over the person of the defending party; (2) venue is improperly laid; (3)
plaintiff has no legal capacity to sue; (4) the pleading asserting the claims states no
cause of action; and (5) condition precedent for filing the claim has not been complied
with. This is because the said grounds may be determined upon a perusal of the
material averments in the complaint or pleading asserting a claim/s and in the answer.
There will be no more preliminary hearing of the said affirmative defenses, and
the judge must motu proprio determine the same within the period provided, i.e., within
thirty (30) days from the filing of the answer, because the said grounds are obvious, like
prescription or res judicata. Under jurisprudence, hearing on affirmative defense is
discretionary; now, it should no longer be the case.
As to the other affirmative defenses stated under the proposed Section 5(b), Rule
6 — such as fraud, statute of limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and any other matter by way of
confession or avoidance — the Sub-Committee members agreed to give the court a
discretion to conduct a summary hearing within fifteen (15) days from the filing of the
answer. Such affirmative defenses shall be resolved by the court within thirty (30) days
from termination of the summary hearing. That if the affirmative defenses are denied,
such denial shall not be subject of a motion for reconsideration or petition for certiorari,
prohibition or mandamus, but may be among the matters raised on appeal after a
judgment on the merits.
Page 15 of 99
party before responding to a pleading or, if party before responding to a pleading or, if
no responsive pleading is permitted by these no responsive pleading is permitted by
Rules, upon motion made by a party within these Rules, upon motion made by a party
twenty (20) days after the service of the within twenty (20) calendar days after the
pleading upon him, or upon the court's own service of the pleading upon him or her, or
initiative at any time, the court may order any upon the court's own initiative at any time,
pleading to be stricken out or that any sham the court may order any pleading to be
or false, redundant, immaterial, impertinent, stricken out or that any sham or false,
or scandalous matter be stricken out redundant, immaterial, impertinent, or
therefrom. (5, R9) scandalous matter be stricken out therefrom.
(12a)
RULE 9
EFFECT OF FAILURE TO PLEAD
Section 1. Defenses and objections not pleaded. — Section 1. Defenses and objections not pleaded. —
Defenses and objections not pleaded either in Defenses and objections not pleaded either in
a motion to dismiss or in the answer are a motion to dismiss or in the answer are
deemed waived. However, when it appears deemed waived. However, when it appears
from the pleadings or the evidence on record from the pleadings or the evidence on record
that the court has no jurisdiction over the that the court has no jurisdiction over the
subject matter, that there is another action subject matter, that there is another action
pending between the same parties for the pending between the same parties for the
same cause, or that the action is barred by a same cause, or that the action is barred by a
prior judgment or by statute of limitations, prior judgment or by statute of limitations, the
the court shall dismiss the claim. (2a) court shall dismiss the claim. (1)
Section 2. Compulsory counterclaim, or cross- Section 2. Compulsory counterclaim, or cross-

claim, not set up barred. — A compulsory claim, not set up barred. — A compulsory
counterclaim, or a cross-claim, not set up shall counterclaim, or a cross-claim, not set up shall
be barred. (4a) be barred. (2)
Section 3. Default; declaration of. — If the Section 3. Default; Declaration of. — If the
defending party fails to answer within the defending party fails to answer within the
time allowed therefor, the court shall, upon time allowed therefor, the court shall, upon
motion of the claiming party with notice to motion of the claiming party with notice to the
the defending party, and proof of such defending party, and proof of such failure,
failure, declare the defending party in default. declare the defending party in default.
Thereupon, the court shall proceed to render Thereupon, the court shall proceed to render
judgment granting the claimant such relief as judgment granting the claimant such relief as
his pleading may warrant, unless the court in his or her pleading may warrant, unless the
its discretion requires the claimant to submit court in its discretion requires the claimant to
evidence. Such reception of evidence may be submit evidence. Such reception of evidence
delegated to the clerk of court. (1a, R18) may be delegated to the clerk of court.
Page 16 of 99
(a) Effect of order of default. — A party in (a) Effect of order of default. — A party in
default shall be entitled to notice of default shall be entitled to notices of
subsequent proceedings but not to take part subsequent proceedings but shall not take
in the trial. (2a, R18) part in the trial.
(b) Relief from order of default. — A party (b) Relief from order of default. — A party
declared in default may at any time after declared in default may at any time after
notice thereof and before judgment file a notice thereof and before judgment, file a
motion under oath to set aside the order of motion under oath to set aside the order of
default upon proper showing that his failure default upon proper showing that his or her
to answer was due to fraud, accident, mistake failure to answer was due to fraud, accident,
or excusable negligence and that he has a mistake or excusable negligence and that he or
meritorious defense. In such case, the order of she has a meritorious defense. In such case,
default may be set aside on such terms and the order of default may be set aside on such
conditions as the judge may impose in the terms and conditions as the judge may impose
interest of justice. (3a, R18) in the interest of justice.
(c) Effect of partial default. — When a pleading (c) Effect of partial default. — When a pleading
asserting a claim states a common cause of asserting a claim states a common cause of
action against several defending parties, some action against several defending parties, some
of whom answer and the others fail to do so, of whom answer and the others fail to do so,
the court shall try the case against all upon the court shall try the case against all upon the
the answers thus filed and render judgment answers thus filed and render judgment upon
upon the evidence presented. (4a, R18). the evidence presented.
(d) Extent of relief to be awarded. — A judgment (d) Extent of relief to be awarded. — A judgment
rendered against a party in default shall not rendered against a party in default shall
exceed the amount or be different in kind neither exceed the amount or be different in
from that prayed for nor award unliquidated kind from that prayed for nor award
damages. (5a, R18). unliquidated damages.
(e) Where no defaults allowed. — If the (e) Where no defaults allowed. — If the
defending party in an action for annulment or defending party in an action for annulment or
declaration of nullity of marriage or for legal declaration of nullity of marriage or for legal
separation fails to answer, the court shall separation fails to answer, the court shall
order the prosecuting attorney to investigate order the Solicitor General or his or her
whether or not a collusion between the deputized public prosecutor,24 to investigate
parties exists, and if there is no collusion, to whether or not a collusion between the parties
intervene for the State in order to see to it that exists, and if there is no collusion, to intervene
the evidence submitted is not fabricated. (6a, for the State in order to see to it that the
R18) evidence submitted is not fabricated. (3a)
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
24
As a matter of semantics and to be more precise, the term “prosecuting attorney”
should be changed and specified as “Solicitor General or his deputized public
prosecutor.”
Page 17 of 99
Section 1. Amendments in general. — Pleadings Section 1. Amendments in general. — Pleadings

may be amended by adding or striking out an may be amended by adding or striking out an
allegation or the name of any party, or by allegation or the name of any party, or by
correcting a mistake in the name of a party or correcting a mistake in the name of a party or
a mistaken or inadequate allegation or a mistaken or inadequate allegation or
description in any other respect, so that the description in any other respect, so that the
actual merits of the controversy may speedily actual merits of the controversy may speedily
be determined, without regard to be determined, without regard to
technicalities, and in the most expeditious technicalities, in the most expeditious and
and inexpensive manner. (1) inexpensive manner. (1a)
Section 2. Amendments as a matter of right. — A Section 2. Amendments as a matter of right. — A

party may amend his pleading once as a party may amend his pleading once as a
matter of right at any time before a responsive matter of right at any time before a responsive
pleading is served or, in the case of a reply, at pleading is served or, in the case of a reply, at
any time within ten (10) days after it is any time within ten (10) calendar days after it
served. (2a) is served. (2a)
Section 3. Amendments by leave of court. — Section 3. Amendments by leave of court. —

Except as provided in the next preceding Except as provided in the next preceding
section, substantial amendments may be Section, substantial amendments may be
made only upon leave of court. But such leave made only upon leave of court. But such leave
may be refused if it appears to the court that shall be refused if it appears to the court that
the motion was made with intent to delay. the motion was made with intent to delay or
Orders of the court upon the matters confer jurisdiction on the court, or the
provided in this section shall be made upon pleading stated no cause of action from the
motion filed in court, and after notice to the beginning which could be amended. 25 Orders
adverse party, and an opportunity to be of the court upon the matters provided in this
heard. (3a) Section shall be made upon motion filed in
court, and after notice to the adverse party,
and an opportunity to be heard. (3a)
Section 4. Formal amendments. — A defect in Section 4. Formal amendments. — A defect in

the designation of the parties and other the designation of the parties and other clearly
clearly clerical or typographical errors may be clerical or typographical errors may be
summarily corrected by the court at any stage summarily corrected by the court at any stage
of the action, at its initiative or on motion, of the action, at its initiative or on motion,
provided no prejudice is caused thereby to provided no prejudice is caused thereby to the
the adverse party. (4a) adverse party. (4)
25
The phrase “confer jurisdiction on the court, or the pleading stated no cause of
action from the beginning which could be amended” was added to incorporate the
ruling in Valenzuela v. Court of Appeals (G.R. No. 131175, August 28, 2001) which clearly
stated that amendment of a pleading is not allowed if such amendment would
introduce a new cause of action where there is no cause of action at the outset.
Page 18 of 99
Section 5. Amendment to conform to or authorize Section 5. No amendment necessary to conform to

presentation of evidence. — When issues not or authorize presentation of evidence. — When
raised by the pleadings are tried with the issues not raised by the pleadings are tried
express or implied consent of the parties, they with the express or implied consent of the
shall be treated in all respects as if they had parties, they shall be treated in all respects as
been raised in the pleadings. Such if they had been raised in the pleadings. No
amendment of the pleadings as may be amendment of such pleadings deemed
necessary to cause them to conform to the amended is necessary to cause them to
evidence and to raise these issues may be conform to the evidence. 26 (5a)
made upon motion of any party at any time,
even after 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. (5a)
Section 6. Supplemental pleadings. — Upon Section 6. Supplemental pleadings. — Upon

motion of a party the court may, upon motion of a party, the court may, upon
reasonable notice and upon such terms as are reasonable notice and upon such terms as are
just, permit him to serve a supplemental just, permit him or her to serve a
pleading setting forth transactions, supplemental pleading setting forth
occurrences or events which have happened transactions, occurrences or events which
since the date of the pleading sought to be have happened since the date of the pleading
supplemented. The adverse party may plead sought to be supplemented. The adverse party
thereto within ten (10) days from notice of the may plead thereto within ten (10) calendar
order admitting the supplemental pleading. days from notice of the order admitting the
(6a) supplemental pleading. (6a)
26
The original provision has been confusing and has caused delay in the
proceedings. No amendment should be necessary if the parties have already impliedly
or expressly agreed to litigate the issues not originally pleaded. The pleadings are
deemed amended without any formal act. Thus, the following sentences were deleted:
“Such amendment of the pleadings as necessary to cause them to conform to evidence
and to raise these issues may be made upon motion of any party at any time, even after
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.”
Page 19 of 99
Section 7. Filing of amended pleadings. — When Section 7. Filing of amended pleadings. — When
any pleading is amended, a new copy of the any pleading is amended, a new copy of the
entire pleading, incorporating the entire pleading, incorporating the
amendments, which shall be indicated by amendments, which shall be indicated by
appropriate marks, shall be filed. (7a) appropriate marks, shall be filed. (7)
Section 8. Effect of amended pleadings. — An Section 8. Effect of amended pleadings. — An

amended pleading supersedes the pleading amended pleading supersedes the pleading
that it amends. However, admissions in that it amends. However, admissions in
superseded pleadings may be received in superseded pleadings may be offered27 in
evidence against the pleader, and claims or evidence against the pleader, and claims or
defenses alleged therein not incorporated in defenses alleged therein not incorporated in
the amended pleading shall be deemed the amended pleading shall be deemed
waived. (n) waived. (8a)
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS28
Section 1. Answer to the complaint. — The Section 1. Answer to the complaint. — The
defendant shall file his answer to the defendant shall file his or her answer to the
complaint within fifteen (15) days after complaint within thirty (30) calendar days
service of summons, unless a different after service of summons, unless a different
period is fixed by the court. (la) period is fixed by the court. (1a)
Section 2. Answer of a defendant foreign private Section 2. Answer of a defendant foreign

juridical entity. — Where the defendant is a private juridical entity. — Where the
foreign private juridical entity and service of defendant is a foreign private juridical
summons is made on the government official entity and service of summons is made on
designated by law to receive the same, the the government official designated by law
answer shall be filed within thirty (30) days to receive the same, the answer shall be
27
For Regalado, once amended, the superseded pleading disappears from the
record and becomes an extrajudicial admission; thus offer is required. For Feria, in
contrast, the superseded pleading still forms part of the record and continues to be a
judicial admission; thus, no offer is needed. The Sub-Committee members agreed to
follow the view of Regalado, and changed the word “received” to “offer” to give the
party an option to offer the admission in evidence.
28
It was suggested that the reglementary periods will be discussed and taken up
later when the Sub-Committee members agree on preliminary matters regarding
statement of ultimate and evidentiary facts, and everything will be contingent upon the
period to file answer. The view of some Justices is that if pleadings will be evidentiary
in nature, and the plaintiff will be required to complete evidence, the defendant should
also be given sufficient time to file answer, like from fifteen (15) to thirty (30) days. It
was also suggested that if the evidence is not attached to the complaint, answer or
pleading, then it is deemed waived.
Page 20 of 99
after receipt of summons by such entity. (2a) filed within sixty (60) calendar days after
receipt of summons by such entity. (2a)
Section 3. Answer to amended complaint. — Section 3. Answer to amended complaint. —

When the plaintiff files an amended When the plaintiff files an amended
complaint as a matter of right, the defendant complaint as a matter of right, the
shall answer the same within fifteen (15) defendant shall answer the same within
days after being served with a copy thereof. thirty (30) calendar days after being served
with a copy thereof.
Where its filing is not a matter of right, the
defendant shall answer the amended Where its filing is not a matter of right, the
complaint within ten (l0) days from notice of defendant shall answer the amended
the order admitting the same. An answer complaint within fifteen (15) calendar days
earlier filed may serve as the answer to the from notice of the order admitting the
amended complaint if no new answer is same. An answer earlier filed may serve as
filed. the answer to the amended complaint if no
new answer is filed.
This Rule shall apply to the answer to an
amended counterclaim, amended cross- This Rule shall apply to the answer to an
claim, amended third (fourth, etc.)—party amended counterclaim, amended cross-
complaint, and amended complaint-in- claim, amended third (fourth, etc.)-party
intervention. (3a) complaint, and amended complaint-in-
intervention. (3a)
Section 4. Answer to counterclaim or cross- Section 4. Answer to counterclaim or cross-

claim. — A counterclaim or cross- claim must claim. — A counterclaim or cross-claim
be answered within ten (10) days from must be answered within twenty (20)
service. (4) calendar days from service. (4a)
Section 5. Answer to third (fourth, etc.)-party Section 5. Answer to third (fourth, etc.)-party
complaint. — The time to answer a third complaint. — The time to answer a third
(fourth, etc.)—party complaint shall be (fourth, etc.)-party complaint shall be
governed by the same rule as the answer to governed by the same rule as the answer to
the complaint. (5a) the complaint. (5)
Section 6. Reply. — A reply may be filed Section 6. Reply. — A reply, if allowed

within ten (10) days from service of the under Section 10, Rule 6 hereof, may be
pleading responded to. (6) filed within fifteen (15) calendar days from
service of the pleading responded to. (6a)
Section 7. Answer to supplemental complaint. — Section 7. Answer to supplemental complaint.

A supplemental complaint may be answered — A supplemental complaint may be
within ten (10) days from notice of the order answered within twenty (20) calendar days
admitting the same, unless a different period from notice of the order admitting the
is fixed by the court. The answer to the same, unless a different period is fixed by
Page 21 of 99
complaint shall serve as the answer to the the court. The answer to the complaint
supplemental complaint if no new or shall serve as the answer to the
supplemental answer is filed. (n) supplemental complaint if no new or
supplemental answer is filed. (7a)
Section 8. Existing counterclaim or cross-claim. Section 8. Existing counterclaim or cross-

— A compulsory counterclaim or a cross- claim. — A compulsory counterclaim or a
claim that a defending party has at the time cross-claim that a defending party has at
he files his answer shall be contained therein. the time he or she files his or her answer
(8a, R6) shall be contained therein. (8a)
Section 9. Counterclaim or cross-claim arising Section 9. Counterclaim or cross-claim arising

after answer. — A counterclaim or a cross- after answer. — A counterclaim or a cross-
claim which either matured or was acquired claim which either matured or was
by a party after serving his pleading may, acquired by a party after serving his or her
with the permission of the court, be pleading may, with the permission of the
presented as a counterclaim or a cross-claim court, be presented as a counterclaim or a
by supplemental pleading before judgment. cross-claim by supplemental pleading
(9, R6) before judgment. (9a)
Section 10. Omitted counterclaim or cross-claim. Section 10. Omitted counterclaim or cross-
— When a pleader fails to set up a claim. — When a pleader fails to set up a
counterclaim or a cross-claim through counterclaim or a cross-claim through
oversight, inadvertence, or excusable neglect, oversight, inadvertence, or excusable
or when justice requires, he may, by leave of neglect, or when justice requires, he or she
court, set up the counterclaim or cross-claim may, by leave of court, set up the
by amendment before judgment. (3, R9) counterclaim or cross-claim by amendment
before judgment. (10a)
Section 11. Extension of time to plead. — UponSection 11. Extension of time to file an answer.
motion and on such terms as may be just, the — A defendant may, for meritorious
court may extend the time to plead provided reasons, be granted an additional period of
in these Rules. not more than thirty (30) calendar days to
file an answer. A defendant is only allowed
The court may also, upon like terms, allow to file one (1) motion for extension of time
an answer or other pleading to be filed after to file an answer.
the time fixed by these Rules. (7)
A motion for extension to file any pleading,
other than an answer, is prohibited and
considered a mere scrap of paper. The
court, however, may allow any other
pleading to be filed after the time fixed by
these Rules. 29 (11a)
29
Considering that pleadings are evidentiary in nature, it may take time for the
defendant to file an Answer because it is now required that all evidence must be
attached thereto. Hence, the necessity for an extension.
Page 22 of 99
RULE 12
BILL OF PARTICULARS
Section 1. When applied for; purpose. — Before Section 1. When applied for; purpose. — Before
responding to a pleading, a party may move responding to a pleading, a party may move
for a definite statement or for a bill of for a definite statement or for a bill of
particulars of any matter which is not particulars of any matter, which is not
averted with sufficient definiteness or averred with sufficient definiteness or
particularity to enable him properly to particularity, to enable him or her properly
prepare his responsive pleading. If the to prepare his or her responsive pleading. If
pleading is a reply, the motion must be filed the pleading is a reply, the motion must be
within ten (10) days from service thereof. filed within ten (10) calendar days from
Such motion shall point out the defects service thereof. Such motion shall point out
complained of, the paragraphs wherein they the defects complained of, the paragraphs
are contained, and the details desired. (1a) wherein they are contained, and the details
desired. (1a)
Section 2. Action by the court. — Upon the Section 2. Action by the court. — Upon the
filing of the motion, the clerk of court must filing of the motion, the clerk of court must
immediately bring it to the attention of the immediately bring it to the attention of the
court which may either deny or grant it court, which may either deny or grant it
outright, or allow the parties the opportunity outright, or allow the parties the opportunity
to be heard. (n) to be heard. (2)
Section 3. Compliance with order. — If the Section 3. Compliance with order. — If the
motion is granted, either in whole or in part, motion is granted, either in whole or in part,
the compliance therewith must be effected the compliance therewith must be effected
within ten (10) days from notice of the order, within ten (10) calendar days from notice of
unless a different period is fixed by the court. the order, unless a different period is fixed
The bill of particulars or a more definite by the court. The bill of particulars or a more
statement ordered by the court may be filed definite statement ordered by the court may
either in a separate or in an amended be filed either in a separate or in an amended
pleading, serving a copy thereof on the pleading, serving a copy thereof on the
adverse party. (n) adverse party. (3a)
Section 4. Effect of non-compliance. — If the Section 4. Effect of non-compliance. — If the

order is not obeyed, or in case of insufficient order is not obeyed, or in case of insufficient
compliance therewith, the court may order compliance therewith, the court may order
the striking out of the pleading or the the striking out of the pleading or the
portions thereof to which the order was portions thereof to which the order was
directed or make such other order as it directed, or make such other order as it
deems just. (1[c]a) deems just. (4)
Page 23 of 99
Section 5. Stay of period to file responsive Section 5. Stay of period to file responsive
pleading. — After service of the bill of pleading. — After service of the bill of
particulars or of a more definite pleading, or particulars or of a more definite pleading, or
after notice of denial of his motion, the after notice of denial of his or her motion, the
moving party may file his responsive moving party may file his or her responsive
pleading within the period to which he was pleading within the period to which he or
entitled at the time of filing his motion, she was entitled at the time of filing his or
which shall not be less than five (5) days in her motion, which shall not be less than five
any event. (1[b]a) (5) calendar days in any event. (5a)
Section 6. Bill a part of pleading. — A bill of Section 6. Bill a part of pleading. — A bill of
particulars becomes part of the pleading for particulars becomes part of the pleading for
which it is intended. (1[a]a) which it is intended. (6)
RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
Section 1. Coverage. – This Rule shall govern Section 1. Coverage. — This Rule shall govern
the filing of all pleadings and other papers, as the filing of all pleadings, motions, and other
well as the service thereof, except those for court submissions,30 as well as their service,
which a different mode of service is except those for which a different mode of
prescribed. service is prescribed. (1a)
Section 2. Filing and service, defined. – Filing is Section 2. Filing and Service, defined. — Filing is
the act of presenting the pleading or other the act of submitting the pleading or other
paper to the clerk of court. paper to the court.
Service is the act of providing a party with a Service is the act of providing a party with a
copy of the pleading or paper concerned. If copy of the pleading or any other court
any party has appeared by counsel, service submission. If a party has appeared by
upon him shall be made upon his counsel or counsel, service upon such party shall be
one of them, unless service upon the party made upon his or her counsel, unless service
himself is ordered by the court. Where one upon the party and the party’s counsel is
counsel appears for several parties, he shall ordered by the court. Where one counsel
only be entitled to one copy of any paper appears for several parties, such counsel shall
served upon him by the opposite side. only be entitled to one copy of any paper
served by the opposite side.
Where several counsels appear for one party,

such party shall be entitled to only one copy
30
The term “other papers” is limited, and to be more accurate, because filing of
pleadings specifically deals with “motions and other court submissions” such as
manifestations and compliance.
Page 24 of 99
of any pleading or paper to be served upon

the lead counsel if one is designated, or upon
any one of them if there is no designation of a
lead counsel. 31 (2a)
Section 3. Manner of filing. – The filing of Section 3. Manner of filing. — The filing of
pleadings, appearances, motions, notices, pleadings and other court submissions32 shall
orders, judgments and all other papers shall be made by:
be made by presenting the original copies
thereof, plainly indicated as such, personally (a) Submitting personally the original
to the clerk of court or by sending them by thereof, plainly indicated as such, to the
registered mail. In the first case, the clerk of court;
court shall endorse on the pleading the date
and hour of filing. In the second case, the date (b) Sending them by registered mail;
of the mailing of motions, pleadings, or any
other papers or payments or deposits, as (c) Sending them by accredited courier; 33
shown by the post office stamp on the or
envelope or the registry receipt, shall be
considered as the date of their filing, (d) Transmitting them by electronic mail or
payment, or deposit in court. The envelope other electronic means as may be
shall be attached to the record of the case. authorized by the Court in places
where the court is electronically
equipped.
In the first case, the clerk of court shall

endorse on the pleading the date and hour of
filing. In the second and third34 cases, the date
of the mailing of motions, pleadings, and
other court submissions, and payments or
deposits, as shown by the post office stamp on
the envelope or the registry receipt, shall be
considered as the date of their filing, payment,
or deposit in court. The envelope shall be
attached to the record of the case. In the fourth
case, the date of electronic transmission shall
be considered as the date of filing. (3a)
Section 4. Papers required to be filed and served. – Section 4. Papers required to be filed and served. –
Every judgment, resolution, order, pleading Every judgment, resolution, order, pleading
subsequent to the complaint, written motion, subsequent to the complaint, written motion,
31
The amendment clarifies instances where a party has more than one counsel
appearing for one party in order to avoid burden upon the courts.
32
The phrase “appearances, motions, notices, orders, judgments” was deleted, and
simplified as “other court submissions.”
33
Couriers shall be accredited like surety and bonding companies by the OCA,
pursuant to its guidelines which will be approved by the Court en banc
34
The date of mailing through the OCA-accredited courier is also the date of filing, but
proof of payment of filing or docket fees should also be included in the mail.
Page 25 of 99
notice, appearance, demand, offer of notice, appearance, demand, offer of

judgment or similar papers shall be filed with judgment or similar papers shall be filed with
the court, and served upon the parties the court, and served upon the parties
affected. affected. (4)
Section 5. Modes of service. – Service of Section 5. Modes of Service. — Pleadings,

pleadings, motions, notices, orders, motions, notices, orders, judgments, and other
judgments and other papers shall be made court submissions shall be served personally
either personally or by mail. or by registered mail, accredited courier,
electronic mail, facsimile transmission, other
electronic means as may be authorized by the
Court, or as provided for in international
conventions to which the Philippines is a
party. (5a)
Section 6. Personal service. – Service of the Section 6. Personal Service. — Court

papers may be made by delivering personally submissions may be served by personal
a copy to the party or his counsel, or by delivery of a copy to the party or to the party’s
leaving it in his office with his clerk or with a counsel, or to their authorized representative
person having charge thereof. If no person is named in the appropriate pleading or
found in his office, or his office is not known, motion,35 or by leaving it in his or her office
or he has no office, then by leaving the copy, with his or her clerk, or with a person having
between the hours of eight in the morning charge thereof. If no person is found in his or
and six in the evening, at the party's or her office, or his or her office is not known, or
counsel's residence, if known, with a person he or she has no office, then by leaving the
of sufficient age and discretion then residing copy, between the hours of eight in the
therein. morning and six in the evening, at the party's
or counsel's residence, if known, with a
person of sufficient age and discretion
residing therein. (6a)
Section 7. Service by mail. – Service by Section 7. Service by mail. — Service by

registered mail shall be made by depositing registered mail shall be made by depositing
the copy in the office, in a sealed envelope, the copy in the post office, in a sealed
plainly addressed to the party or his counsel envelope, plainly addressed to the party or to
at his office, if known, otherwise at his the party’s counsel at his or her office, if
residence, if known, with postage fully pre- known, otherwise at his or her residence, if
paid, and with instructions to the postmaster known, with postage fully pre-paid, and with
to return the mail to the sender after ten (l0) instructions to the postmaster to return the
days if undelivered. If no registry service is mail to the sender after ten (l0) calendar days
available in the locality of either the sender or if undelivered. If no registry service is
the addressee, service may be done by available in the locality of either the sender or
ordinary mail. the addressee, service may be done by
ordinary mail. (7a)
35
The reason for the proposed amendment is because some parties evade service,
which causes delay, and that the requirement is for court submissions, i.e., service to the
other party.
Page 26 of 99
Section 8. Substituted service. – If service of Section 8. Substituted service. – If service of

pleadings, motions, notices, resolutions, pleadings, motions, notices, resolutions,
orders and other papers cannot be made orders and other papers cannot be made
under the two preceding sections, the office under the two preceding sections, the office
and place of residence of the party or his and place of residence of the party or his or
counsel being unknown, service may be made her counsel being unknown, service may be
by delivering the copy to the clerk of court, made by delivering the copy to the clerk of
with proof of failure of both personal service court, with proof of failure of both personal
and service by mail. The service is complete at service and service by mail. The service is
the time of such delivery. complete at the time of such delivery. (8a)
No counterpart provision. Section 9. Service by electronic means and

facsimile. — Service by electronic means and
facsimile shall be made if the party concerned
consents to such modes of service.
Service by electronic means shall be made by

sending an e-mail to the party’s or counsel’s
electronic mail address, or through other
electronic means of transmission as the parties
may agree on, or upon direction of the court.
Service by facsimile shall be made by sending

a facsimile copy to the party’s or counsel’s
given facsimile number. (n)
No counterpart provision. Section 10. Presumptive service. — There shall

be presumptive notice to a party of a court
setting if such notice appears on the records to
have been mailed at least twenty (20) calendar
days prior to the scheduled date of hearing
and if the addressee is from within the same
judicial region of the court where the case is
pending, or at least thirty (30) calendar days if
the addressee is from outside the judicial
region.36 (n)
No counterpart provision. Section 11. Change of electronic mail address or

facsimile number. — A party who changes his
or her electronic mail address or facsimile
number while the action is pending must
promptly file, within five (5) calendar days
36
This provision was taken or lifted from the Quezon City Practice Guidelines, and
the provision is only about presumptive notice of court setting, when such notice has
been mailed.
Page 27 of 99
from such change, a notice of change of e-mail

address or facsimile number with the court
and serve the notice on all other parties. 37
No counterpart provision. Section 12. Electronic mail and facsimile subject

and title of pleadings and other documents. — The
subject of the electronic mail and facsimile
must follow the prescribed format: case
number, case title and the pleading, order or
document title. The title of each electronically-
filed or served pleading or other document,
and each submission served by facsimile shall
contain sufficient information to enable the
court to ascertain from the title: (a) the party
or parties filing or serving the paper, (b)
nature of the paper, (c) the party or parties
against whom relief, if any, is sought, and (d)
the nature of the relief sought. 38 (n)
Section 9. Service of judgments, final orders or Section 13. Service of Judgments, Final Orders or
resolutions. – Judgments, final orders or Resolutions. — Judgments, final orders, or
resolutions shall be served either personally resolutions shall be served either personally
or by registered mail. When a party or by registered mail. Upon ex parte motion of
summoned by publication has failed to any party in the case, a copy of the judgment,
appear in the action, judgments, final orders final order, or resolution may be delivered by
or resolutions against him shall be served accredited courier at the expense of such
upon him also by publication at the expense party.39 When a party summoned by
of the prevailing party. publication has failed to appear in the action,
judgments, final orders or resolutions against
him or her shall be served upon him or her
also by means of publication at the expense of
the prevailing party. (9a)
37
The proposed amendment provides guidelines to notify the court of the change
of the parties’ email addresses or facsimile numbers. If mailed to their old address,
service would still be deemed valid. Service through electronic mail address or facsimile
number of record of a party shall be presumed valid unless such party notifies the court
of any change, as aforementioned. If the court is not informed and given notice of the
change of address, then the notice sent to the old address is deemed served.
38
This is for the convenience of the court as to the parameters/format, for easier
collation once the file is downloaded in the computer. The provision prescribed the
format of the subject field of the email or facsimile transmission, and the filename of the
pleadings attached to such email or facsimile.
39
The purpose of the proposed amendment is that courts sometimes have difficulty
in serving judgments, final orders and resolutions; thus, accredited private courier
should be allowed to serve these matters to avoid delay. The reckoning period for
determining the date of filing is provided under the provisions on completeness of
service
Page 28 of 99
No counterpart provision. Section 14. Conventional service or filing of

orders, pleadings and other documents. –
Notwithstanding the foregoing, the following
orders, pleadings, and other documents must
be served or filed personally or by registered
mail when allowed, and shall not be served or
filed electronically, unless express permission
is granted by the Court:
(a) Initiatory pleadings and initial

responsive pleadings, such as an
answer;
(b) Subpoenae, protection orders, and writs;
(c) Appendices and exhibits to motions, or

other documents that 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. (n)
Section 10. Completeness of service. – Personal Section 15. Completeness of service. — Personal
service is complete upon actual delivery. service is complete upon actual delivery.
Service by ordinary mail is complete upon the Service by ordinary mail is complete upon the
expiration of ten (10) days after mailing, expiration of ten (10) calendar days after
unless the court otherwise provides. Service mailing, unless the court otherwise provides.
by registered mail is complete upon actual Service by registered mail is complete upon
receipt by the addressee, or after five (5) days actual receipt by the addressee, or after five
from the date he received the first notice of (5) calendar days from the date he or she
the postmaster, whichever date is earlier. received the first notice of the postmaster,
whichever date is earlier. Service by
accredited courier is complete upon actual
receipt by the addressee, or after at least two
(2) attempts to deliver by the courier service,
or upon the expiration of five (5) calendar
days after the first attempt to deliver,
whichever is earlier.
Electronic service is complete at the time of

the electronic transmission of the document,
or when available, at the time that the
electronic notification of service of the
document is sent. Electronic service is not
effective or complete if the party serving the
document learns that it did not reach the
Page 29 of 99
addressee or person to be served.
Service by facsimile transmission is complete

upon receipt by the other party, as indicated
in the facsimile transmission printout. (10a)
Section 12. Proof of filing. – The filing of a Section 16. Proof of filing.40 — The filing of a
pleading or paper shall be proved by its pleading or any other court submission shall
existence in the record of the case. If it is not be proved by its existence in the record of the
in the record, but is claimed to have been filed case.
personally, the filing shall be proved by the
written or stamped acknowledgment of its (a) If the pleading or any other court
filing by the clerk of court on a copy of the submission is not in the record, but is
same; if filed by registered mail, by the claimed to have been filed personally,
registry receipt and by the affidavit of the the filing shall be proven by the written
person who did the mailing, containing a full or stamped acknowledgment of its
statement of the date and place of depositing filing by the clerk of court on a copy of
the mail in the post office in a sealed envelope the pleading or court submission;
addressed to the court, with postage fully
prepaid, and with instructions to the (b) If the pleading or any other court
postmaster to return the mail to the sender submission was filed by registered
after ten (10) days if not delivered. mail, the filing shall be proven by the
registry receipt and by the affidavit of
the person who mailed it, containing a
full statement of the date and place of
deposit of the mail in the post office in
a sealed envelope addressed to the
court, with postage fully prepaid, and
with instructions to the postmaster to
return the mail to the sender after ten
(10) calendar days if not delivered.
(c) If the pleading or any other court

submission was filed through an
accredited courier service, the filing
shall be proven by an affidavit of
service of the person who brought the
pleading or other document to the
service provider, together with the
courier’s official receipt and document
tracking number. 41
40
The original Section 12 on proof of filing was merely reformatted for easy
reading, and provisions were added with respect to filing by accredited courier service
and by electronic mail only, but not through facsimile transmission, which is not
allowed for court submissions. The phrase “pleading or any other court submission”
was just added in lieu of the word “paper.”
41
The proposed amendment deals with proof of filing for accredited courier
service and proof of filing for emails.
Page 30 of 99
(d) If the pleading or any other court

submission was filed by electronic
mail, the same shall be proven by an
affidavit of electronic filing of the filing
party accompanied by a paper copy of
the pleading or other document
transmitted or a written or stamped
acknowledgment of its filing by the
clerk of court. If the paper copy sent by
electronic mail was filed by registered
mail, paragraph (b) of this Section
applies.
(e) If the pleading or any other court

submission was filed through other
authorized electronic means, the same
shall be proven by an affidavit of
electronic filing of the filing party
accompanied by a copy of the
electronic acknowledgment of its filing
by the court. (12a)
Section 13. Proof of service. – Proof of personal Section 17. Proof of service. –— Proof of
service shall consist of a written admission of personal service shall consist of a written
the party served, or the official return of the admission of the party served, or the official
server, or the affidavit of the party serving, return of the server, or the affidavit of the
containing a full statement of the date, place party serving, containing a statement of the
and manner of service. If the service is by date, place, and manner of service. If the
ordinary mail, proof thereof shall consist of service is made by:
an affidavit of the person mailing of facts
showing compliance with section 7 of this (a) Ordinary mail. – Proof shall consist of an
Rule. If service is made by registered mail, affidavit of the person mailing stating the
proof shall be made by such affidavit and the facts showing compliance with Section 7
registry receipt issued by the mailing office. of this Rule.
The registry return card shall be filed
immediately upon its receipt by the sender, or (b) Registered mail. – Proof shall be made by
in lieu thereof the unclaimed letter together the affidavit mentioned above and the
with the certified or sworn copy of the notice registry receipt issued by the mailing
given by the postmaster to the addressee. office. The registry return card shall be
filed immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed
letter together with the certified or sworn
copy of the notice given by the
postmaster to the addressee.
(c) Accredited courier service. – Proof shall

be made by an affidavit of service
executed by the person who brought the
pleading or paper to the service provider,
Page 31 of 99
together with the courier’s official receipt

or document tracking number.
(d) Electronic mail, facsimile, or other

authorized electronic means of
transmission. – Proof shall be made by an
affidavit of service executed by the person
who sent the e-mail, facsimile, or other
electronic transmission, together with a
printed proof of transmittal. 42 (13a)
No counterpart provision. Section 18. Court-issued orders and other

documents. — The court may electronically
serve orders and other documents to all the
parties in the case which shall have the same
effect and validity as provided herein. A
paper copy of the order or other document
electronically served shall be retained and
attached to the record of the case. (n)
Section 14. Notice of lis pendens. – In an action Section 19. Notice of lis pendens.43— In an action
affecting the title or the right of possession of affecting the title or the right of possession of
real property, the plaintiff and the defendant, real property, the plaintiff and the defendant,
when affirmative relief is claimed in his when affirmative relief is claimed in his or her
answer, may record in the office of the answer, may record in the office of the
registry of deeds of the province in which the registry of deeds of the province in which the
property is situated a notice of the pendency property is situated a notice of the pendency
of the action. Said notice shall contain the of the action. Said notice shall contain the
names of the parties and the object of the names of the parties and the object of the
action or defense, and a description of the action or defense, and a description of the
property in that province affected thereby. property in that province affected thereby.
Only from the time of filing such notice for Only from the time of filing such notice for
record shall a purchaser, or encumbrancer of record shall a purchaser, or encumbrancer of
the property affected thereby, be deemed to the property affected thereby, be deemed to
have constructive notice of the pendency of have constructive notice of the pendency of
the action, and only of its pendency against the action, and only of its pendency against
the parties designated by their real names. the parties designated by their real names.
The notice of lis pendens hereinabove The notice of lis pendens hereinabove
mentioned may be cancelled only upon order mentioned may be cancelled only upon order
of the court, after proper showing that the of the court, after proper showing that the
notice is for the purpose of molesting the notice is for the purpose of molesting the
adverse party, or that it is not necessary to adverse party, or that it is not necessary to
protect the rights of the party who caused it protect the rights of the party who caused it to
42
The proposed amendment reworded and reformatted for easy reading, and
inserted provisions on proof of service whenever accredited couriers and electronic mail
or facsimile transmission are resorted to.
43
Misplaced provision but there is no other Rule where it can be transposed.
Page 32 of 99
to be recorded. be recorded. (14a)
RULE 14
SUMMONS
Section 1. Clerk to issue summons – Upon the Section 1. Clerk to issue summons. — Unless
filing of the complaint and the payment of the the complaint is on its face dismissible
requisite legal fees, the clerk of court shall under Section 1, Rule 9, the court shall,
forthwith issue the corresponding summons within five (5) calendar days from receipt
to the defendants. of the initiatory pleading and proof of
payment of the requisite legal fees, direct
the clerk of court to issue the
corresponding summons to the
defendants. (1a)
44
Section 2. Contents – The summons shall be Section 2. Contents. — The summons shall
directed to the defendant, signed by the clerk be directed to the defendant, signed by the
of court under seal, and contain: (a) the name clerk of court under seal, and contain:
of the court and the names of the parties to
the action; (b) a direction that the defendant (a) The name of the court and the names
answer within the time fixed by these Rules; of the parties to the action;
(c) a notice that unless the defendant so
answers, plaintiff will take judgment by (b) When authorized by the court upon
default and may be granted the relief applied ex parte motion, an authorization for
for. the plaintiff to serve summons to the
defendant; 45
A copy of the complaint and order for
appointment of guardian ad litem, if any, shall (c) A direction that the defendant answer
be attached to the original and each copy of within the time fixed by these Rules;
the summons. and
(d) A notice that unless the defendant so

answers, plaintiff will take judgment
by default and may be granted the
relief applied for.
A copy of the complaint and order for

appointment of guardian ad litem, if any,
shall be attached to the original and each
44
A party can expect action by the court within five (5) [calendar] days, unlike the
usual practice for a clerk of court to wait for instruction from the judge. They added that
the determination of whether an initiatory pleading is sufficient in form and substance,
is a judicial function.
45
This is based on the practice of some judges to instruct the lawyers to accompany
the sheriff to ensure service of summons.
Page 33 of 99
copy of the summons. (2a)
Section 3. By whom served. – The summons Section 3. By whom served. — The

may be served by the Sheriff, his deputy, or summons may be served by the sheriff,
other proper court officer, or for justifiable his or her deputy, or other proper court
reasons by any suitable person authorized by officer, and in case of failure of service of
the court issuing the summons. summons by them, the court may
authorize the plaintiff - to serve the
summons - together with the sheriff.
In cases where summons is to be served

outside the judicial region of the court
where the case is pending, the plaintiff
shall be authorized to cause the service of
summons. 46
If the plaintiff is a juridical entity, it shall

notify the court, in writing, and name its
authorized representative therein,
attaching a board resolution or secretary’s
certificate thereto, as the case may be,
stating that such representative is duly
authorized to serve the summons on
behalf of the plaintiff.
If the plaintiff misrepresents that the

defendant was served summons, and it is
later proved that no summons was
served, the case shall be dismissed with
prejudice, the proceedings shall be
nullified, and the plaintiff shall be meted
appropriate sanctions. 47
If summons is returned without being

served on any or all the defendants, the
court shall order the plaintiff to cause the
service of summons by other means
available under the Rules.
Failure to comply with the order shall
46
To address the situation where the trial court has to serve summons in far flung
provinces, which requires considerable funds and time to undertake. She added that
service of summons in coordination with the sheriff of courts in distant areas is difficult.
With the proposed amendment, the plaintiff may now be authorized to serve summons
even without the sheriff.
47
In practice, the lawyer accompanies the sheriff if the case is sensitive. To prevent
false claims of proper service of summons, the provision states that if the summons is
served by the plaintiff, but it was shown later that there was no service upon the
defendant, the case can be dismissed with prejudice, like in small claims cases.
Page 34 of 99
cause the dismissal of the initiatory

pleading without prejudice. 48 (3a)
Section 4. Return. – When the service has been Amended counterpart provision
completed, the server shall, within five (5) transposed as Section 20 below.
days therefrom, serve a copy of the return,
personally or by registered mail, to the
plaintiff’s counsel, and shall return the
summons to the clerk who issued it,
accompanied by proof of service.
Section 5. Issuance of alias summons – If a Section 4. Validity of summons and issuance

summons is returned without being served of alias summons49 — Summons shall
on any or all of the defendants, the server remain valid until duly served, unless it is
shall also serve a copy of the return on the recalled by the court. In case of loss or
plaintiff’s counsel, stating the reasons for the destruction of summons, the court may,
failure of service, within five (5) days upon motion, issue an alias summons.
therefrom. In such a case, or if the summons
has been lost, the clerk on demand of the There is failure of service after
plaintiff, may issue an alias summons. unsuccessful attempts to personally serve
the summons on the defendant in his or
her address indicated in the complaint.
Substituted service should be in the
manner provided under Section 6 of this
Rule.50 (5a)
Section 6. Service in person on defendant. — Section 5. Service in person on defendant. —

Whenever practicable, the summons shall be Whenever practicable, the summons shall
served by handling a copy thereof to the be served by handing a copy thereof to
defendant in person, or, if he refuses to the defendant in person and informing
receive and sign for it, by tendering it to him. the defendant that he or she is being
48
The dismissal is for failure to prosecute under Section 3, Rule 17. The proposed
amendment seeks to address the main concern of archived cases lingering in the docket
of the courts, and to give the judge the authority to dismiss such cases for failure to
prosecute. The dismissal should be without prejudice to give the plaintiff the chance to
re-file the case once the defendant is found and can be summoned already.
49
The deleted provision reads: “If a summons is returned without being served on
any or all of the defendants, the server shall also serve a copy of the return on the
plaintiff’s counsel, stating the reasons for the failure of service, within five (5) days
therefrom. In such a case, or if the summons has been lost, the clerk on demand of the
plaintiff, may issue an alias summons.” The provision does not happen in courts, and
that the deletion will simplify the provision. Summons should remain valid unless
recalled, lost or destroyed; and it is only then that alias summons may be issued.
50
The proposed last paragraph describes when substituted service of summons
could be made, i.e., after unsuccessful attempts to personally serve summons on the
defendant.
Page 35 of 99
(7a) served, 51 or, if he or she refuses to receive

and sign for it, by leaving the summons
within the view and in the presence of the
defendant. (6a)
Section 7. Substituted service. — If, for Section 6. Substituted service. — If, for
justifiable causes, the defendant cannot be justifiable causes, the defendant cannot be
served within a reasonable time as provided served personally after at least three (3)
in the preceding section, service may be attempts on two (2) different dates, 52
effected (a) by leaving copies of the summons service may be effected:
at the defendant's residence with some person
of suitable age and discretion then residing (a) By leaving copies of the summons at
therein, or (b) by leaving the copies at the defendant's residence to a person
defendant's office or regular place of business at least eighteen (18) years of age and
with some competent person in charge of sufficient discretion residing
thereof. (8a) therein;
(b) By leaving copies of the summons at

the defendant's office or regular
place of business with some
competent person in charge thereof.
A competent person includes, but is
not limited to, one who customarily
receives correspondences for the
defendant;
(c) By leaving copies of the summons, if

refused entry upon making his or
her authority and purpose known,
with any of the officers of the
homeowners’ association or
condominium corporation, or its
chief security officer in charge of the
community or the building where
the defendant may be found; and 53
(d) By sending an electronic mail to the
51
The proposed amendment is based on the sheriff’s handbook, and specifies the
act of tendering, i.e., leaving the summons within the view and in the presence of the
defendant. There must be an overt act informing that summons is being served.
52
The proposed amendment specifies the number of attempts of personal service (3
attempts on 2 different dates) and to whom substituted service of summons should be
made, pursuant to Manotoc vs. Court of Appeals, G.R. No. 130974, August 16, 2006.
53
The usual problem with respect to service of summons to residents of gated
villages and condominiums. To address this issue, it was suggested that responsible
officers of the village association and condominium association can be served
summons. In cases of gated villages, the security staff will not allow the person serving
summons to enter the village, and will just say that upon calling the resident, there was
an instruction not to allow entry of the one serving summons.
Page 36 of 99
defendant’s electronic mail address,

if allowed by the court. (7a)
Section 8. Service upon entity without juridical Section 7. Service upon entity without
personality. – When persons associated in an juridical personality. — When persons
entity without juridical personality are sued associated in an entity without juridical
under the name by which they are generally personality are sued under the name by
or commonly known, service may be effected which they are generally or commonly
upon all the defendants by serving upon any known, service may be effected upon all
one of them, or upon the person in charge of the defendants by serving upon any one
the office or place of business maintained in of them, or upon the person in charge of
such name. But such service shall not bind the office or place of business maintained
individually any person whose connection in such name. But such service shall not
with the entity has, upon due notice, been bind individually any person whose
severed before the action was brought. connection with the entity has, upon due
notice, been severed before the action was
filed. (8a)
Section 9. Service upon prisoners.- When the Section 8. Service upon prisoners. — When
defendant is a prisoner confined in a jail or the defendant is a prisoner confined in a
institution, service shall be effected upon him jail or institution, service shall be effected
by the officer having the management of such upon him or her by the officer having the
jail or institution who is deemed deputized as management of such jail or institution
a special sheriff for said purpose. who is deemed as a special sheriff for said
purpose. The jail warden shall file a
return within five (5) calendar days from
service of summons to the defendant. 54
(9a)
Section 9. Service consistent with

No counterpart provision international conventions. — Service may be
made through methods which are
consistent with established international
conventions to which the Philippines is a
party.55 (n)
Section 10. Service upon minors and Section 10. Service upon minors and
incompetents. – When the defendant is a incompetents. — When the defendant is a
minor, insane or otherwise an incompetent, minor, insane or otherwise an
service shall be made upon him personally incompetent person, service of summons
and on his legal guardian if he has one, or if shall be made upon him or her personally
none, upon his guardian ad litem whose and on his or her legal guardian if he or
appointment shall be applied for the plaintiff. she has one, or if none, upon his or her
54
A period to file a return was added to ensure prompt service.
55
Pertains to the Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters, more commonly known as the Hague
Service Convention.
Page 37 of 99
In the case of a minor, service may also be guardian ad litem whose appointment
made on his father or mother. shall be applied for by the plaintiff. In the
case of a minor, service shall56 be made on
his or her parent or guardian. (10a)
No counterpart provisions. Section 11. Service upon spouses. — When

spouses are sued jointly, service of
summons should be made to each spouse
individually.57 (n)
Section 11. Service upon domestic private Section 12. Service upon domestic private
juridical entity. – When the defendant is a juridical entity. — When the defendant is a
corporation, partnership or association corporation, partnership or association
organized under the laws of the Philippines organized under the laws of the
with a juridical personality, service may be Philippines with a juridical personality,
made on the president, managing partner, service may be made on the president,
general manager, corporate secretary, managing partner, general manager,
treasurer, or in-house counsel. corporate secretary, treasurer, or in-house
counsel of the corporation wherever they
may be found, or in their absence or
unavailability, on their secretaries.
If such service cannot be made upon any

of the foregoing persons, it shall be made
upon the person who customarily
receives the correspondence for the
defendant at its principal office.
In case the domestic juridical entity is

under receivership or liquidation, service
of summons shall be made on the receiver
or liquidator, as the case may be.58
Should there be a refusal on the part of
56
The phrase “may also” was replaced with “shall” to make it mandatory, not
optional, because the defendant is a minor or incompetent.
57
This is a new provision which states a definite rule that spouses should be served
with summons separately, because only one of the spouses is usually served summons.
On how to serve summons when one of the spouses is in hiding or the spouses are
separated in fact, it was suggested that substituted service can be made because the
spouses are sued jointly. There might be a delay if service of summons is individually,
and not alternatively. There are cases when one of the spouses is sued for sum of
money, and there is showing that proceeds thereof redounded to the benefit of the
family; hence, the need to serve summons on both spouses to give them opportunity to
answer.
58
The proposed amendment also added is a provision for corporations under
receivership or in liquidation.
Page 38 of 99
the persons above-mentioned to receive

summons despite at least three (3)
attempts on two (2) different dates,
service may be made electronically, if
allowed by the court, as provided under
Section 6 of this Rule.59 (11a)
No counterpart provisions. Section 13. Duty of counsel of record. —

Where the summons is improperly served
and a lawyer makes a special appearance
on behalf of the defendant to, among
others, question the validity of service of
summons, the counsel shall be deputized
by the court to serve summons on his or
her client.60 (n)
Section 12. Service upon foreign private juridical Section 14. Service upon foreign private
entity.- When the defendant is a foreign juridical entities. — When the defendant is a
private juridical entity which has transacted foreign private juridical entity which has
business in the Philippines, service may be transacted or is doing business in the
made on its resident agent designated in Philippines, as defined by law,61 service
accordance with law for that purpose, or if may be made on its resident agent
there be no such agent, on the government designated in accordance with law for that
official designated by law to that effect, or on purpose, or, if there be no such agent, on
any of its officers or agents within the the government official designated by law
Philippines. to that effect, or on any of its officers,
agents, directors or trustees within the
If the foreign private juridical entity is not Philippines.
registered in the Philippines or has no
resident agent, service may, with leave of If the foreign private juridical entity is not
court, be effected out of the Philippines registered in the Philippines, or has no
through any of the following means: resident agent but has transacted or is
doing business in it, as defined by law,
a) By personal service coursed through such service may, with leave of court, be
the appropriate court in the foreign effected outside of the Philippines through
country with the assistance of the any of the following means:
Department of Foreign Affairs;
(a) By personal service coursed through
b) By publication once in a newspaper of the appropriate court in the foreign
59
The proposed amendment added individuals upon whom alternate service may
be made for facility and to put an end to unscrupulous practices in evading service of
summons.
60
The reason for the proposed amendment is to avoid delay in litigating civil cases,
whereby a counsel would enter special appearance on behalf of the defendant client to
question the jurisdiction on the ground of invalid service of summons, but would refuse
to divulge the address of the client.
61
“Doing business” has a specific definition, but includes cases of isolated
transactions.
Page 39 of 99
general circulation in the country country with the assistance of the

where the defendant may be found department of foreign affairs;
and by serving a copy of the
summons and the court order by (b) By publication once in a newspaper
registered mail at the last known of general circulation in the country
address of the defendant; where the defendant may be found
c) By facsimile or any recognized and by serving a copy of the
electronic means that could generate summons and the court order by
proof of service; or registered mail at the last known
address of the defendant;
By such other means as the court may in its
discretion direct. (c) By facsimile;
(d) By electronic means with the

prescribed proof of service; or
(e) By such other means as the court, in

its discretion, may direct. (12a)
Section 13. Service upon public corporations. — Section 15. Service upon public corporations.
When the defendant is the Republic of the — When the defendant is the Republic of
Philippines, service may be effected on the the Philippines, service may be effected on
Solicitor General; in case of a province, city or the Solicitor General; in case of a province,
municipality, or like public corporations, city or municipality, or like public
service may be effected on its executive head, corporations, service may be effected on its
or on such other officer or officers as the law executive head, or on such other officer or
or the court may direct. (15) officers as the law or the court may direct.
(13a)
Section 14. Service upon defendant whose Section 16. Service upon defendant whose
identity or whereabouts are unknown. — In any identity or whereabouts are unknown. — In
action where the defendant is designated as any action where the defendant is
an unknown owner, or the like, or whenever designated as an unknown owner, or the
his whereabouts are unknown and cannot be like, or whenever his or her whereabouts
ascertained by diligent inquiry, service may, are unknown and cannot be ascertained
by leave of court, be effected upon him by by diligent inquiry, within ninety (90)
publication in a newspaper of general calendar days from the commencement of
circulation and in such places and for such the action, service may, by leave of court,
time as the court may order. (16a) be effected upon him or her by
publication in a newspaper of general
circulation and in such places and for
such time as the court may order.
Any order granting such leave shall specify

a reasonable time, which shall not be less
than sixty (60) calendar days after notice,
within which the defendant must answer. 62
62
The proposed amendment merely provided a period of 90 days within which the
Page 40 of 99
(14a)
Section 15. Extraterritorial service. - When the Section 17. Extraterritorial service. — When
defendant does not reside and is not found in the defendant does not reside and is not
the Philippines, and the action affects the found in the Philippines, and the action
personal status of the plaintiff or relates to, or affects the personal status of the plaintiff or
the subject of which is, property within the relates to, or the subject of which is,
Philippines, in which the defendant has or property within the Philippines, in which
claims a lien or interest, actual or contingent, the defendant has or claims a lien or
or in which the relief demanded consists, interest, actual or contingent, or in which
wholly or in part, in excluding the defendant the relief demanded consists, wholly or in
from any interest therein, or the property of part, in excluding the defendant from any
the defendant has been attached within the interest therein, or the property of the
Philippines, service may, by leave of court, be defendant has been attached within the
effected out of the Philippines by personal Philippines, service may, by leave of court,
service as under section 6; or by publication in be effected out of the Philippines by
a newspaper of general circulation in such personal service as under Section 5; or as
places and for such time as the court may provided for in international conventions
order, in which case a copy of the summons to which the Philippines is a party; 63 or by
and order of the court shall be sent by publication in a newspaper of general
registered mail to the last known address of circulation in such places and for such time
the defendant, or in any other manner the as the court may order, in which case a
court may deem sufficient. Any order copy of the summons and order of the
granting such leave shall specify a reasonable court shall be sent by registered mail to the
time, which shall not be less than sixty (60) last known address of the defendant, or in
days after notice, within which the defendant any other manner the court may deem
must answer. (17a) sufficient. Any order granting such leave
shall specify a reasonable time, which shall
not be less than sixty (60) calendar days
after notice, within which the defendant
must answer. (15a)
Section 16. Residents temporarily out of the Section 18. Residents temporarily out of the
Philippines. — When any action is commenced Philippines. — When any action is
against a defendant who ordinarily resides commenced against a defendant who
within the Philippines, but who is ordinarily resides within the Philippines,
temporarily out of it, service may, by leave of but who is temporarily out of it, service
court, be also effected out of the Philippines, may, by leave of court, be also effected out
plaintiff should cause, with leave of court, the service of summons by publication upon
a defendant whose identity or whereabouts are unknown. The other proposed
amendment fixed the reasonable time of not less than 60 days after notice within which
to file answer. The said periods were fixed to prevent needless delay.
63
This is consistent with jurisprudence that the said mode of service could be
coursed through the DFA and consular offices, and for purposes of class discussion in
order to specify the generic phrase on what such mode of service may be deemed
sufficient. As to the addition of the phrase “or in accordance with applicable international
agreements or conventions to which the Philippines is a signatory or a state party,” the same is
in anticipation of the effectivity of the Service Convention.
Page 41 of 99
as under the preceding section. (18a) of the Philippines, as under the preceding
Section. (16a)
Section 17. Leave of court. — Any application Section 19. Leave of court. — Any
to the court under this Rule for leave to effect application to the court under this Rule for
service in any manner for which leave of leave to effect service in any manner for
court is necessary shall be made by motion in which leave of court is necessary shall be
writing, supported by affidavit of the plaintiff made by motion in writing, supported by
or some person on his behalf, setting forth the affidavit of the plaintiff or some person on
grounds for the application. (19) his behalf, setting forth the grounds for the
application. (17a)
Section 20. Return.64 — Within thirty (30)

calendar days from issuance of summons
by the clerk of court and receipt thereof,
the sheriff or process server, or person
authorized by the court, shall complete its
service. Within five (5) calendar days
from service of summons, the server shall
file with the court and serve a copy of the
return to the plaintiff’s counsel,
personally, by registered mail, or by
electronic means authorized by the Rules.
Should substituted service have been

effected, the return shall state the
following:
(1) The impossibility of prompt

personal service within a period of
thirty (30) calendar days from issue
and receipt of summons;
(2) The date and time of the three (3)

attempts on at least (2) two
different dates to cause personal
service and the details of the
inquiries made to locate the
defendant residing thereat; and
64
The proposed amendment includes the 30-day period within which to complete
the service, in order to ensure that the action moves, and clearly lays out what must be
stated in the return so parties and court personnel may be guided accordingly. 30 days
is reasonable because courts usually have to serve a lot of summons and other court
processes, especially those involving multiple defendants.
As to the last two paragraphs on the contents of the return of summons, they
embody the requirements in the Manotoc case on service of summons.
Page 42 of 99
(3) The name of the person at least

eighteen (18) years of age and of
sufficient discretion residing
thereat, name of competent person
in charge of the defendant’s office
or regular place of business, or
name of the officer of the
homeowners’ association or
condominium corporation or its
chief security officer in charge of
the community or building where
the defendant may be found. (4a)
Section 18. Proof of service. — The proof of Section 21. Proof of service. — The proof of
service of a summons shall be made in service of a summons shall be made in
writing by the server and shall set forth the writing by the server and shall set forth
manner, place, and date of service; shall the manner, place, and date of service;
specify any papers which have been served shall specify any papers which have been
with the process and the name of the person served with the process and the name of
who received the same; and shall be sworn to the person who received the same; and
when made by a person other than a sheriff or shall be sworn to when made by a person
his deputy. other than a sheriff or his or her deputy.
If summons was served by electronic mail,

a printout of said e-mail, with a copy of the
summons as served, and the affidavit of the
person mailing, shall constitute as proof of
service.65 (18a)
Section 19. Proof of service by publication. — If Section 22. Proof of service by publication. —
the service has been made by publication, If the service has been made by
service may be proved by the affidavit of the publication, service may be proved by the
printer, his foreman or principal clerk, or of affidavit of the publisher,66 editor,
the editor, business or advertising manager, business or advertising manager, to
to which affidavit a copy of the publication which affidavit a copy of the publication
shall be attached, and by an affidavit showing shall be attached and by an affidavit
the deposit of a copy of the summons and showing the deposit of a copy of the
order for publication in the post office, summons and order for publication in the
postage prepaid, directed to the defendant by post office, postage prepaid, directed to
registered mail to his last known address. the defendant by registered mail to his or
her last known address. (19a)
65
The proposed amendment includes proof of service in case summons is served
by electronic mail, i.e., email print out, copy of summons served and affidavit of service.
66
The proposed amendment merely deleted the terms “printer” and “his foreman or
principal clerk” which used to be the individuals required to execute an affidavit of
service as proof of service by publication.
Page 43 of 99
Section 20. Voluntary Appearance. - The Section 23. Voluntary appearance. — The
defendant's voluntary appearance in the defendant's voluntary appearance in the
action shall be equivalent to service of action shall be equivalent to service of
summons. The inclusion in a motion to summons. The inclusion in a motion to
dismiss of other grounds aside from lack of dismiss of other grounds aside from lack
jurisdiction over the person of the defendant of jurisdiction over the person of the
shall not be deemed a voluntary appearance. defendant shall be deemed67 a voluntary
(23a) appearance. (20a)
RULE 15
MOTIONS
Section 1. Motion defined. – A motion is an Section 1. Motion defined. – A motion is an

application for relief other than by a application for relief other than by a
pleading. pleading. (1)
Section 2. Motions must be in writing. – All Section 2. Motions must be in writing. — All
motions shall be in writing except those motions shall be in writing except those
made in open court or in the course of a made in open court or in the course of a
hearing or trial. hearing or trial.
A motion made in open court or in the

course of a hearing or trial should
immediately be resolved in open court,
after the adverse party is given the
opportunity to argue his or her opposition
thereto. 68
67
As to the deletion of the word “not”, it was pointed out that other reliefs from the
court should not be sought if the defendant is questioning lack of jurisdiction over the
person. The proposed deletion could have an effect on the Omnibus Motion rule. There
may be resistance to the proposed deletion because of conflicting jurisprudence, i.e.,
between liberal and strict construction of the provision on special appearance to
question jurisdiction over the person, which could be construed as waiver or non-
waiver of other grounds. The Sub-Committee agreed that the inclusion in the motion to
dismiss of other grounds aside from lack of jurisdiction over the person of the
defendant shall be deemed a voluntary appearance.
68
The proposed amendment deals with motions in open court or during hearing,
which should be immediately resolved in open court. As to why oral motions “should be
immediately resolved in open court,” it was said that the provision should be mandatory in
order to avoid delay, and that the judge will be taught later on what to do in case
additional evidence is required to be presented. As to what should be done if there are
motions that require further submission from the parties, it was stated that the judge
can reset the hearing; for instance, in case of a conditional examination of a witness, the
judge can allow the presentation of the witness during the next hearing. It was also
observed that in cases of motion for reconsideration, the judge will set it for hearing and
direct the adverse party to file a comment/opposition within so many days. It was
Page 44 of 99
When a motion is based on facts not

appearing on record, the court may hear the
matter on affidavits or depositions presented
by the respective parties, but the court may
direct that the matter be heard wholly or
partly on oral testimony or depositions. 69(2a)
Section 3. Contents. – A motion shall state the Section 3. Contents. – A motion shall state the
relief sought to be obtained and the grounds relief sought to be obtained and the grounds
upon which it is based, and if required by upon which it is based, and if required by
these Rules or necessary to prove facts these Rules or necessary to prove facts
alleged therein, shall be accompanied by alleged therein, shall be accompanied by
supporting affidavits and other papers. supporting affidavits and other papers. (3)
Section 4. Hearing of motion. – Except for

motions which the court may act upon Deleted.70
without prejudicing the rights of the adverse
party, every written motion shall be set for
hearing by the applicant
Every written motion required to be heard

and the notice of the hearing thereof shall be
served in such a manner as to ensure its
receipt by the other party at least three (3)
days before the date of hearing, unless the
court for good cause sets the hearing on
shorter notice.
No counterpart provision. Section 4. Non-litigious motions.71 — Motions
noted that the judge should already let the parties argue on the motion and make a
ruling thereon to avoid delay.
69
Copied verbatim from Section 8, Rule 133 of the Revised Rules on Evidence, as
amended by A.M. No. 19-08-15-SC dated October 8, 2019.
70
This entire provision was proposed to be deleted. Only litigious motions, as
enumerated below, will be heard, subject to the discretion of the judge who shall issue a
notice of hearing. Such motions shall be resolved within 15 calendar days from receipt
of the opposition thereto. Likewise enumerated below are non-litigious motions and
prohibited motions, which shall not be heard.
71
The proposed new provision enumerates the non-litigious motions which, shall
not be heard, but must be resolved within 7 calendar days.
There is no dispute that a motion for the issuance of an alias summons, a motion
for the issuance of a writ or an alias writ of execution, a motion for extension to file
answer and a motion to issue a writ of possession are non-litigious. The word
“meritorious” before “motion for postponement” was deleted because it will be the judge
who will determine whether there is merit to such motion. The phrase “motion to set the
Page 45 of 99
which the court may act upon without

prejudicing the rights of adverse parties are
non-litigious motions. These motions
include:
i. Motion for the issuance of an alias

summons;
ii. Motion for extension to file answer;
iii. Motion for postponement;
iv. Motion for the issuance of a writ of
execution;
v. Motion for the issuance of an alias
writ of execution;
vi. Motion for the issuance of a writ of
possession;
vii. Motion for the issuance of an order
directing the sheriff to execute the
final certificate of sale; and
viii. Other similar motions.
These motions shall not be set for hearing

and shall be resolved by the court within five
(5) calendar days from receipt thereof. (n)
No counterpart provision. Section 5. Litigious motions.72 — (a) Litigious
case for pre-trial” was also deleted because under the Pre-trial Guidelines [A.M. No. 03-1-
09-SC dated August 16, 2004], the duty to set the case for pre-trial no longer lies upon
the plaintiff, but on the Branch Clerk of Court (BCC), who shall be required to schedule
the same within 5 days from receipt of the last responsive pleading. If the BCC fails to
set the case for pre-trial, the plaintiff may still file the appropriate motion, otherwise,
the case may be dismissed for failure to prosecute. Based on experience, the case will
not proceed if the plaintiff does not set the case for pre-trial. Just like under special
rules, the BCC should be the one to set the case for pre-trial. It was recalled that the
motion to set the case for pre-trial was allowed before, just in case the court fails to do
so. It was noted that if the BCC fails to set the case for pre-trial, the plaintiff may still file
a motion to remind the court; otherwise, the defendant may file a motion to dismiss the
case for failure to prosecute.
The “motion to amend” was likewise dropped, because before the filing of a
responsive pleading, only a notice is required inasmuch as amendment is a matter of
right; whereas after the filing of a responsive pleading, amendment should be with
leave of court, hence, the motion to amend is a litigious one. Anent the phrase “ other
similar motions,” it is a catch-all provision.
72
The proposed amendment is a new provision that deals with litigious motions,
which must be resolved after receipt of the opposition only, or subject to the discretion
of the court, after hearing of the enumerated motions. There is no dispute that the
following are litigious motions: motion to dismiss, motion for new trial, motion for
reconsideration and motion for execution pending appeal, motion to cancel statutory
lien, motion for an order to break in or for a writ of demolition, motion for intervention,
motion for judgment on the pleadings, motion for summary judgment, demurrer to
Page 46 of 99
motions include:
i. Motion for bill of particulars;

ii. Motion to dismiss;
iii. Motion for new trial;
iv. Motion for reconsideration;
v. Motion for execution pending
appeal;
vi. Motion to amend after a responsive
pleading has been filed;
vii. Motion to cancel statutory lien;
viii. Motion for an order to break in or
for a writ of demolition;
ix. Motion for intervention;
x. Motion for judgment on the
pleadings;
xi. Motion for summary judgment;
xii. Demurrer to evidence;
xiii. Motion to declare defendant in
default; and
xiv. Other similar motions.
(b) All motions shall be served by personal

service, accredited private courier or
registered mail, or electronic means so as to
ensure their receipt by the other party.
(c) The opposing party shall file his or her

opposition to a litigious motion within five
(5) calendar days from receipt thereof. No
other submissions shall be considered by
evidence, motion to declare defendant in default, and other similar motions.

Meanwhile, the phrase “motion to suspend trial pending discovery proceedings” was deleted
because proceedings in a case can only be stopped when a temporary restraining order
or writ of preliminary injunction is issued by a competent court. A “motion to amend
after a responsive pleading has been filed” is also a litigious motion because amendment at
that juncture is a matter of discretion on the part of the court.
With respect to service of litigious motions, it was asked if the three-day notice
rule, to the effect that such motions should be received by the adverse party at least 3
days before the hearing, is abandoned already. Considering that litigious motions may
be resolved based solely on the submissions of parties, and that hearing of litigious
motions is discretionary on the part of the judge, the Sub-Committee agreed that service
of litigious motions shall also be governed by Section 5, Rule 13 on service of pleadings,
i.e., personal service and registered mail, as well as through an accredited private
courier and electronic means. The movant can prove service by registered mail of a
litigious motion by affidavit of service and registry receipt. Within 5 days from receipt
of the motion, the opposing party shall file its opposition, and no other submission shall
be considered by the court, which shall resolve the motion within 15 calendar days from
receipt of the opposition.
Page 47 of 99
the court in the resolution of the motion.
The motion shall be resolved by the court

within fifteen (15) calendar days from its
receipt of the opposition thereto, or upon
expiration of the period to file such
opposition. (n)
Section 5. Notice of hearing. – The notice of Section 6. Notice of hearing on litigious

hearing shall be addressed to all parties motions; discretionary. — The court may, in
concerned, and shall specify the time and the exercise of its discretion, and if deemed
date of the hearing which must not be later necessary for its resolution, call a hearing on
than ten (10) days after the filing of the the motion. 73 The notice of hearing shall be
motion. addressed to all parties concerned, and shall
specify the time and date of the hearing. (5a)
Section 6. Proof of service necessary. – No Section 7. Proof of service necessary. — No

written motion set for hearing shall be acted written motion shall be acted upon by the
upon by the court without proof of service court without proof of service thereof,
thereof. pursuant to Section 5(b) hereof. 74 (6a)
Section 7. Motion day. – Except for motions Section 8. Motion day. — Except for motions
requiring immediate action, all motions shall requiring immediate action, where the court
be scheduled for hearing on Friday75 decides to conduct hearing on a litigious
afternoons, or if Friday is a non-working motion, the same shall be set on a Friday.
day, in the afternoon of the next working (7a)
day.
Section 8. Omnibus motion. – Subject to the Section 9. Omnibus motion. — Subject to the
provisions of section 1 of Rule 9, a motion provisions of Section 1 of Rule 9, a motion
attacking a pleading, order, judgment, or attacking a pleading, order, judgment, or
73
The proposed new provision stresses that only litigious motions will be heard,
depending on the discretion of the judge. The movants are no longer required to set
their motions for hearing, and the judge will issue the necessary notice when hearing is
needed to resolve pending litigious motions. Hearing of motions, especially non-
litigious ones, causes delay.
74
The proposed amendment in boldface makes specific reference to a relevant
provision, and deletes the phrase “set for hearing” because it is discretionary upon the
court to hear litigious motions, and it will be the one to set the hearing.
75
The reason why Friday was set as motion day is because Chief Justice Andres
Narvasa wanted judges from far-flung areas to avoid being absent on Fridays. Besides,
Friday is also the motion day for criminal cases. The last sentence of the proposed
amendment was deleted to make sure that when the court decides to summarily hear a
litigious motion, hearing shall be set on a Friday. It was stressed that hearing of litigious
motions is discretionary.
Page 48 of 99
proceeding shall include all objections then proceeding shall include all objections then
available, and all objections not so included available, and all objections not so included
shall be deemed waived. shall be deemed waived. (8a)
Section 9. Motion for leave. – A motion for Section 10. Motion for leave. — A motion for
leave to file a pleading or motion shall be leave to file a pleading or motion shall be
accompanied by the pleading or motion accompanied by the pleading or motion
sought to be admitted. sought to be admitted. (9)
Section 10. Form. – The Rules applicable to Section 11. Form. — The Rules applicable to
pleadings shall apply to written motions so pleadings shall apply to written motions so
far as concerns caption, designation, far as concerns caption, designation,
signature, and other matters of form. signature, and other matters of form. (10)
No counterpart provision. Section 12. Prohibited motions. 76 — The

following motions shall not be allowed:
(a) Motion to dismiss except on the

following grounds:
i. That the court has no jurisdiction

over the subject matter of the
claim;
ii. That there is another action
pending between the same parties
for the same cause; and
iii. That the cause of action is barred
by a prior judgment or by the
statute of limitations;
76
The Sub-Committee agreed that the following motions should be prohibited as
they cause delay: motion to dismiss except on grounds of lack of jurisdiction over the
subject matter, litis pendentia, res judicata, prescription and statute of frauds; motion to
hear affirmative defenses (which must be included in the answer, otherwise, it is
deemed waived); motion for reconsideration of the court’s action on the affirmative
defenses; motion for bill of particulars (which may be dispensed with at the discretion
of the Court En Banc, since pleadings are now evidentiary in nature); motion to
suspend proceedings without a temporary restraining order or injunction issued by a
higher court; motion for extension to file pleadings, affidavits or any other papers,
except to file answer, provided that the defendant submits valid reasons; and motion
for postponement.
The motion for extension to file answer may be extended for another 30 calendar
days only, considering that pleadings should now include evidence, and it may take
time for the defendant to prepare a responsive pleading. The provisions on motion for
postponement were taken from the Quezon City Practice Guidelines and the Revised
Guidelines for Continuous Trial of Criminal Cases.
Page 49 of 99
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the

court’s action on the affirmative
defenses;
(d) Motion to suspend proceedings

without a temporary restraining
order or injunction issued by a higher
court;
(e) Motion for extension of time to file

pleadings, affidavits or any other
papers, except a motion for extension
to file an answer as provided by
Section 11, Rule 11; and
(f) Motion for postponement intended

for delay, except if it is based on acts
of God, force majeure or physical
inability 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 written

or oral, shall, at all times, be accompanied by
the original official receipt from the office of
the clerk of court evidencing payment of the
postponement fee under Section 21(b), Rule
141, to be submitted either at the time of the
filing of said motion or not later than the
next hearing date. The clerk of court shall not
accept the motion unless accompanied by the
original receipt. (n)
RULE 16 Section 13. Dismissal with prejudice. — Subject

to the right of appeal, an order granting a
Section 5. Dismissal with prejudice. – Subject to motion to dismiss or an affirmative defense
the right of appeal, an order granting a that the cause of action is barred by a prior
motion to dismiss based on paragraphs (f), judgment or by the statute of limitations;
(h) and (i) of Section 1 hereof shall bar the that the claim or demand set forth in the
refiling of the same action or claim. (n) plaintiff’s pleading has been paid, waived,
abandoned or otherwise extinguished; or
that the claim on which the action is founded
is unenforceable under the provisions of the
statute of frauds, shall bar the refiling of the
Page 50 of 99
same action or claim. (5, R16)
RULE 16
MOTION TO DISMISS
[Provisions either deleted or transposed]
RULE 17
DISMISSAL OF ACTIONS
Section 1. Dismissal upon notice by plaintiff.— Section 1. Dismissal upon notice by plaintiff.
A complaint may be dismissed by the — A complaint may be dismissed by the
plaintiff by filing a notice of dismissal at any plaintiff by filing a notice of dismissal at
time before service of the answer or of a any time before service of the answer or of
motion for summary judgment. Upon such a motion for summary judgment. Upon
notice being filed, the court shall issue an such notice being filed, the court shall issue
order confirming the dismissal. Unless an order confirming the dismissal. Unless
otherwise stated in the notice, the dismissal otherwise stated in the notice, the dismissal
is without prejudice, except that a notice is without prejudice, except that a notice
operates as an adjudication upon the merits operates as an adjudication upon the merits
when filed by a plaintiff who has once when filed by a plaintiff who has once
dismissed in a competent court an action dismissed in a competent court an action
based on or including the same claim. (1a) based on or including the same claim. (1)
Section 2. Dismissal upon motion of plaintiff.— Section 2. Dismissal upon motion of plaintiff.
Except as provided in the preceding section, a — Except as provided in the preceding
complaint shall not be dismissed at the section, a complaint shall not be dismissed
plaintiff’s instance save upon approval of the at the plaintiff's instance save upon
court and upon such terms and conditions as approval of the court and upon such terms
the court deems proper. If a counterclaim has and conditions as the court deems proper.
been pleaded by a defendant prior to the If a counterclaim has been pleaded by a
service upon him of the plaintiff’s motion for defendant prior to the service upon him or
dismissal, the dismissal shall be limited to her of the plaintiff's motion for dismissal,
the complaint. The dismissal shall be without the dismissal shall be limited to the
prejudice to the right of the defendant to complaint. The dismissal shall be without
prosecute his counterclaim in a separate prejudice to the right of the defendant to
action unless within fifteen (15) days from prosecute his or her counterclaim in a
notice of the motion he manifests his separate action unless within fifteen (15)
preference to have his counterclaim resolved calendar days from notice of the motion he
in the same action. Unless otherwise or she manifests his or her preference to
specified in the order, a dismissal under this have his or her counterclaim resolved in
paragraph shall be without prejudice. A class the same action. Unless otherwise specified
suit shall not be dismissed or compromised in the order, a dismissal under this
without the approval of the court. (2a) paragraph shall be without prejudice. A
class suit shall not be dismissed or
Page 51 of 99
compromised without the approval of the

court. (2a)
Section 3. Dismissal due to fault of plaintiff.—If, Section 3. Dismissal due to fault of plaintiff.
for no justifiable cause, the plaintiff fails to — If, for no justifiable cause, the plaintiff
appear on the date of the presentation of his fails to appear on the date of the
evidence in chief on the complaint, or to presentation of his or her evidence in chief
prosecute his action for an unreasonable on the complaint, or to prosecute his or her
length of time, or to comply with these Rules action for an unreasonable length of time,
or any order of the court, the complaint may or to comply with these Rules or any
be dismissed upon motion of the defendant order of the court, the complaint may be
or upon the court’s own motion, without dismissed upon motion of the defendant or
prejudice to the right of the defendant to upon the court's own motion, without
prosecute his counterclaim in the same or in prejudice to the right of the defendant to
a separate action. This dismissal shall have prosecute his or her counterclaim in the
the effect of an adjudication upon the merits, same or in a separate action. This dismissal
unless otherwise declared by the court. (3a) shall have the effect of an adjudication
upon the merits, unless otherwise declared
by the court. (3a)
Section 4. Dismissal of counterclaim, cross- Section 4. Dismissal of counterclaim,

claim, or third-party complaint.—The cross-claim, or third-party complaint. —
provisions of this Rule shall apply to the The provisions of this Rule shall apply
dismissal of any counterclaim, cross-claim, to the dismissal of any counterclaim,
or third-party complaint. A voluntary cross-claim, or third-party complaint. A
dismissal by the claimant by notice as in voluntary dismissal by the claimant by
section 1 of this Rule, shall be made before a notice as in Section 1 of this Rule, shall
responsive pleading or a motion for be made before a responsive pleading
summary judgment is served or, if there is or a motion for summary judgment is
none, before the introduction of evidence at served or, if there is none, before the
the trial or hearing. (4n) introduction of evidence at the trial or
hearing. (4)
RULE 18
PRE-TRIAL
Page 52 of 99
Section 1. When conducted. - After the last Section 1. When conducted. — After the last
pleading has been served and filed, it shall responsive pleading has been served and
be the duty of the plaintiff to promptly move filed, the branch clerk of court shall issue,
ex parte that the case be set for pre-trial. within five (5) calendar days from filing, a
notice of pre-trial which shall be set not
later than sixty (60) calendar days from the
filing of the last responsive pleading.77 (1a)
Section 2. Nature and purpose. - The pre-trial Section 2. Nature and Purpose. — The pre-
is mandatory. The court shall consider: trial is mandatory and should be
terminated promptly. The court shall
(a) The possibility of an amicable settlement consider:
or of a submission to alternative modes of
dispute resolution; (a) The possibility of an amicable
settlement or of a submission to
(b) The simplification of the issues; alternative modes of dispute resolution;
(c) The necessity or desirability of (b) The simplification of the issues;

amendments to the pleadings;78
(c) The possibility of obtaining stipulations
(d) The possibility of obtaining stipulations or admissions of facts and of documents
77
In the case of LBL Industries, Inc v. City of Lapu-Lapu (G.R. No. 201760, September
16, 2013), which reconciled Section 1, Rule 18 and the Pre-trial Guidelines, it is still the
duty of the lawyer to a motion to set the case for pre-trial, otherwise, the BCC should set
the case for pre-trial. If the plaintiff’s lawyer fails to do so, the case may be dismissed for
failure to prosecute.
It was noted that if the notice should come from the court, the BCC may forget to
set the case for pre-trial. But since it is required already that the BCC should issue a
notice of pre-trial within 5 calendar days after service and filing of the responsive
pleading, there is no need to worry that the case will not be set for pre-trial.
In line with A.M. No. 03-1-09-SC dated August 16, 2004 on the Guidelines to be
Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-trial and Use
of Deposition and Discovery Measures, the Sub-Committee members agreed that the
duty to set the case for pre-trial should no longer rest upon the plaintiff, but on the
BCC, who shall be required to schedule the same within 5 days from receipt of the last
responsive pleading. If the BCC fails to set the case for pre-trial, the plaintiff may still
file the proper motion to call the attention of the court, otherwise, the case may be
dismissed for failure to prosecute. It was explained that the plaintiff should no longer
be duty-bound to set the case for pre-trial, because the plaintiff may stall and cause
delay while trying to settle with the defendant. Besides, under special rules, it is the
BCC who shall set the case for pre-trial.
It was clarified that the reckoning of the 5-day period to set the case for pre-trial
should be after the last responsive pleading is served and filed, i.e., answer to a
complaint, or answer to a cross-claim or third-party complaint, without prejudice to the
filing of a reply based on an actionable document].
78
Deleted pursuant to the 2019 amendments because what is required now is
allegation of ultimate facts, including evidence; pleadings are now evidentiary.
Page 53 of 99
or admissions of facts and of documents to to avoid unnecessary proof;

avoid unnecessary proof;
(d) The limitation of the number and
identification of witnesses and the
(e) The limitation of the number of witnesses; setting of trial dates;80
(e) The advisability of a preliminary

(f) The advisability of a preliminary reference of issues to a commissioner;
reference of issues to a commissioner;79
(f) The propriety of rendering judgment on
the pleadings, or summary judgment,
(g) The propriety of rendering judgment on or of dismissing the action should a
the pleadings, or summary judgment, or of valid ground therefor be found to exist;
dismissing the action should a valid ground
therefor be found to exist; (g) The requirement for the parties to:
i. Mark their respective evidence if not

(g) The advisability or necessity of yet marked in the judicial affidavits
suspending the proceedings; and of their witnesses;
(h) Such other matters as may aid in the ii. Examine and make comparisons of
prompt disposition of the action. the adverse parties' evidence vis-a-
vis the copies to be marked;
iii. Manifest for the record stipulations

regarding the faithfulness of the
reproductions and the genuineness
and due execution of the adverse
parties' evidence;
iv. Reserve evidence not available at the

pre-trial,81 but only in the following
manner:
1) For testimonial evidence, by

giving the name or position and
the nature of the testimony of the
proposed witness;
2) For documentary evidence and

other object evidence, by giving a
particular description of the
evidence.
No reservation shall be allowed if

not made in the manner described
79
Deleted pursuant to the 2019 amendments as it causes delay.
80
This is based on the Revised Guidelines for Continuous Trial of Criminal Cases.
81
This provision refers to instances when there are justifiable grounds for the
inability to present evidence during pre-trial.
Page 54 of 99
above.82
(h) Such other matters as may aid in the

prompt disposition of the action.
The failure without just cause of a party

and counsel83 to appear during pre-trial,
despite notice, shall result in a waiver of
any objections to the faithfulness of the
reproductions marked, or their
genuineness and due execution.
The failure without just cause of a party

and/or counsel to bring the evidence
required shall be deemed a waiver of the
presentation of such evidence.
The branch clerk of court shall prepare the

minutes of the pre-trial, which shall have
the following format: (See prescribed form)
(2a)
Section 3. Notice of pre-trial. – The notice of Section 3. Notice of pre-trial. — The notice of
pre-trial shall be served on counsel, or on the pre-trial shall include the dates respectively
party who has no counsel. The counsel set for:
served with such notice is charged with the
duty of notifying the party represented by (a) Pre-trial;
him. (b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if
necessary.
The notice of pre-trial shall be served on

counsel, or on the party if he or she has no
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

settings shall be deemed as non-
appearance at the pre-trial and shall merit
the same sanctions under Section 5
82
No blanket reservation to present evidence during pre-trial is allowed.
83
Both party and counsel must appear during pre-trial; the absence of one will
cause delay because pre-trial cannot proceed. Presence of plaintiff, but absence of
counsel without just cause during pre-trial will result in the dismissal of the complaint.
Presence the defendant, but absence of the counsel during pre-trial will result in the
presentation of plaintiff’s evidence ex parte. If both counsels of the parties are absent
during pre-trial, the judge should require both to explain, and make the appropriate
action on their explanation and their case.
Page 55 of 99
hereof. (3a)
Section 4. Appearance of parties. – It shall be Section 4. Appearance of Parties. — It shall be

the duty of the parties and their counsel to the duty of the parties and their counsel to
appear at the pre-trial. The non-appearance appear at the pre-trial, court-annexed
of a party may be excused only if a valid mediation, and judicial dispute resolution,
cause is shown therefor or if a representative if necessary. The non-appearance of a party
shall appear in his behalf fully authorized in and counsel may be excused only for acts
writing to enter into an amicable settlement, of God, force majeure, or duly substantiated
to submit to alternative modes of dispute physical inability.
resolution, and to enter into stipulations or
admissions of facts and of documents. A representative may appear on behalf of a
party, but must be fully authorized in
writing to enter into an amicable
settlement, to submit to alternative modes
of dispute resolution, and to enter into
stipulations or admissions of facts and
documents.
Section 5. Effect of failure to appear. – The Section 5. Effect of failure to appear. — When
failure of the plaintiff to appear when so duly notified, the failure of the plaintiff and
required pursuant to the next preceding counsel to appear without valid cause
section shall be cause for dismissal of the when so required, pursuant to the next
action. The dismissal shall be with prejudice, preceding Section, shall cause the dismissal
unless otherwise ordered by the court. A of the action. The dismissal shall be with
similar failure on the part of the defendant prejudice, unless otherwise ordered by the
shall be cause to allow the plaintiff to present court. A similar failure on the part of the
his evidence ex parte and the court to render defendant and counsel shall be cause to
judgment on the basis thereof. allow the plaintiff to present his or her
evidence ex-parte within ten (10) calendar
days from termination of the pre-trial, and
the court to render judgment on the basis
of the evidence offered. (5a)
Section 6. Pre-trial brief. – The parties shall Section 6. Pre-trial brief. — The parties shall
file with the court and serve on the adverse file with the court and serve on the adverse
party, in such manner as shall ensure their party, in such manner as shall ensure their
receipt thereof at least three (3) days before receipt thereof at least three (3) calendar
the date of the pre-trial, their respective pre- days before the date of the pre-trial, their
trial briefs which shall contain, among respective pre-trial briefs which shall
others: contain, among others:
(a) A statement of their willingness to enter (a) A concise statement of the case and
into amicable settlement or alternative the reliefs prayed for;
modes of dispute resolution, indicating the
desired terms thereof; (b) A summary of admitted facts and
proposed stipulation of facts;
(b) A summary of admitted facts and
Page 56 of 99
proposed stipulation of facts; (c) The main factual and legal issues to
be tried or resolved;84
(c) The issues to be tried or resolved;
(d) The propriety of referral of factual
issues to commissioners;
(d) The documents or exhibits to be
presented, stating the purpose thereof; (e) The documents or other object
evidence to be marked,85 stating the
(e) A manifestation of their having availed or purpose thereof;
their intention to avail themselves of
discovery procedures or referral to (f) The names of the witnesses, and the
commissioners; and summary of their respective
testimonies; and
(f) The number and names of the witnesses,
and the substance of their respective (g) A brief statement of points of law
testimonies. and citation of authorities.
Failure to file the pre-trial brief shall have

the same effect as failure to appear at the
Failure to file the pre-trial brief shall have the pre-trial. (8)
same effect as failure to appear at the pre-
trial. (n)
Section 7. Record of pre-trial. - The Section 7. Pre-Trial Order. — Upon

proceedings in the pre-trial shall be termination of the pre-trial, the court shall
recorded. Upon the termination thereof, the issue an order within ten (10) calendar days
court shall issue an order which shall recite which shall recite in detail the matters
in detail the matters taken up in the taken up. The order shall include:
conference, the action taken thereon, the
amendments allowed to the pleadings, and (a) An enumeration of the admitted
the agreements or admissions made by the facts;
parties as to any of the matters considered.
Should the action proceed to trial, the order (b) The minutes of the pre-trial
shall explicitly define and limit the issues to conference;
be tried. The contents of the order shall
control the subsequent course of the action, (c) The legal and factual issue/s to be
unless modified before trial to prevent tried;
manifest injustice.
(d) The applicable law, rules, and
jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for
84
The judge should be proactive during pre trial, should limit the issues to be tried
and make proposals for stipulations and admissions, and not just leave them for
counsels to decide.
85
This is refers to the final marking of evidence attached to the pleadings during
pre-trial
Page 57 of 99
continuous trial, which shall be

within the period provided by the
Rules;
(g) The case flowchart to be determined

by the court, which shall contain the
different stages of the proceedings
up to the promulgation of the
decision and the use of time frames
for each stage in setting the trial
dates;
(h) A statement that the one-day

examination of witness rule and
most important witness rule under
A.M. No. 03-1-09-SC (Guidelines for
Pre-Trial) shall be strictly followed;
and
(i) A statement that the court shall

render judgment on the pleadings or
summary judgment, as the case may
be.
The direct testimony of witnesses for the

plaintiff shall be in the form of judicial
affidavits. After the identification of such
affidavits, cross-examination shall proceed
immediately.
Postponement of presentation of the

parties’ witnesses at a scheduled date is
prohibited, except if it is based on acts of
God, force majeure or duly substantiated
physical inability of the witness to appear
and testify. The party who caused the
postponement is warned that the
presentation of its evidence must still be
terminated within the remaining dates
previously agreed upon.
Should the opposing party fail to appear

without valid cause stated in the next
preceding paragraph, the presentation of
the scheduled witness will proceed with
the absent party being deemed to have
waived the right to interpose objection and
conduct cross-examination.
The contents of the pre-trial order shall

control the subsequent proceedings, unless
Page 58 of 99
modified before trial to prevent manifest

injustice. (7a)
The period for court-annexed mediation

shall not exceed thirty (30) calendar days
without further extension. (n)
No counterpart provision. Section 8. Court-Annexed Mediation. —

After pre-trial and, after issues are joined,
the court shall refer the parties for
mandatory court-annexed mediation.
The period for court-annexed mediation

shall not exceed thirty (30) calendar days
without further extension. (n)
No counterpart provision. Section 9. Judicial Dispute Resolution.86 —

Only if the judge of the court to which the
case was originally raffled is convinced that
settlement is still possible, the case may be
referred to another court for judicial
dispute resolution. The judicial dispute
resolution shall be conducted within a non-
extendible period of fifteen (15) calendar
days from notice of failure of the court-
86
Then Associate Justice, now Chief Justice, Diosdado M. Peralta said that there are
problems on mediation: most judges do not like Judicial Dispute Resolution (JDR). He
suggested that JDR should be taken up later when the proposed amendments to the
provisions on pre-trial are discussed. The problem is that if the case goes to JDR, and
settlement fails, then the case goes to another judge for pre-trial. The pre-trial judge will
exchange the case subject of JDR with another (more difficult) case; sometimes, it is not
equal and judges take advantage of that, such as when they do not like the case.
Justice Peralta stressed that he is not against mediation, but the problem is why a
case should first undergo mediation and JDR without first going to pre-trial, when the
purpose of the pre-trial is to settle. The process in civil cases is very long. After the
issues are joined, civil cases will go to mediation for thirty (30) days, and if nothing
happens, another 30 days. And if nothing happens, it will go to another judge for JDR
within 30 days. If nothing happens, then another 30 days for pre-trial. If no settlement,
then the case will go to trial. Justice Peralta suggested that there should be a pre-trial
first, and if there is no settlement, then determine if there are genuine issues. If there are
no more genuine issues, then the case should go to mediation, but the issues should
already be defined so that the mediator will have an easier way of settling the parties,
because the focus will be on those issues not agreed upon by them.
Justice Peralta observed that sometimes mediation tends to delay proceedings in
civil cases. In fact, if a case goes to pre-trial, and the judge is good and there are no more
genuine issues, there could be a summary judgment or judgment on the pleadings.
Justice Peralta noted that while mediation and alternative dispute resolution are
provided for by law, JDR is a product of the Court.
Page 59 of 99
annexed mediation.
If judicial dispute resolution fails, trial

before the original court shall proceed on
the dates agreed upon.87
All proceedings during the court-annexed

mediation and the judicial dispute
resolution shall be confidential. (n)
No counterpart provision. Section 10. Judgment after pre-trial. —

Should there be no more controverted
facts, or no more genuine issue as to any
material fact, or an absence of any issue, or
should the answer fail to tender an issue,
the court shall, without prejudice to a party
moving for judgment on the pleadings
under Rule 34 or summary judgment under
Rule 35, motu proprio include in the pre-trial
order that the case be submitted for
summary judgment or judgment on the
pleadings, without need of position papers
or memoranda. In such cases, judgment
shall be rendered within ninety (90)
calendar days from termination of the pre-
trial.
The order of the court to submit the case

for judgment pursuant to this Rule shall
not be the subject to appeal or certiorari. (n)
RULE 19
INTERVENTION
Section 1. Who may intervene.—A person who Section 1. Who may intervene. — A person
has a legal interest in the matter in litigation, who has a legal interest in the matter in
or in the success of either of the parties, or an litigation, or in the success of either of the
interest against both, or is so situated as to be parties, or an interest against both, or is so
adversely affected by a distribution or other situated as to be adversely affected by a
disposition of property in the custody of the distribution or other disposition of
court or of an officer thereof may, with leave property in the custody of the court or of
of court, be allowed to intervene in the an officer thereof may, with leave of court,
87
To address the concern of bias of the judge who will conduct both the JDR and
the trial of the same case, skills-based training of judges may be necessary to encourage
the parties to settle, but not to give conclusions on the strength or weakness of a case
based on the pleadings and evidence.
Page 60 of 99
action. The court shall consider whether or be allowed to intervene in the action. The
not the intervention will unduly delay or court shall consider whether or not the
prejudice the adjudication of the rights of the intervention will unduly delay or prejudice
original parties, and whether or not the the adjudication of the rights of the original
intervenor’s rights may be fully protected in parties, and whether or not the intervenor’s
a separate proceeding. (2[a], [b]a, R12) rights may be fully protected in a separate
proceeding. (1)
Section 2. Time to intervene.–The motion to Section 2. Time to intervene. — The motion

intervene may be filed at any time before to intervene may be filed at any time before
rendition of judgment by the trial court. A rendition of judgment by the trial court. A
copy of the pleading-in-intervention shall be copy of the pleading-in-intervention shall
attached to the motion and served on the be attached to the motion and served on
original parties. (n) the original parties. (2)
Section 3. Pleadings-in-intervention.–The Section 3. Pleadings-in-intervention. — The

intervenor shall file a complaint-in- intervenor shall file a complaint-in-
intervention if he asserts a claim against intervention if he or she asserts a claim
either or all of the original parties, or an against either or all of the original parties,
answer-in-intervention if he unites with the or an answer-in-intervention if he or she
defending party in resisting a claim against unites with the defending party in resisting
the latter. (2[c]a, R12) a claim against the latter. (3a)
Section 4. Answer to complaint-in- Section 4. Answer to complaint-in-

intervention.–The answer to the complaint-in- intervention. — The answer to the
intervention shall be filed within fifteen (15) complaint-in-intervention shall be filed
days from notice of the order admitting the within fifteen (15) calendar days from
same, unless a different period is fixed by the notice of the order admitting the same,
court. (2[d]a, R12) unless a different period is fixed by the
court. (4a)
RULE 20
CALENDAR OF CASES
Section 1. Calendar of cases.–The clerk of Section 1. Calendar of cases. — The clerk of

court, under the direct supervision of the court, under the direct supervision of the
judge, shall keep a calendar of cases for pre- judge, shall keep a calendar of cases for
trial, for trial, those whose trials were pre-trial, for trial, those whose trials were
adjourned or postponed, and those with adjourned or postponed, and those with
motions to set for hearing. Preference shall motions to set for hearing. Preference shall
be given to habeas corpus cases, election cases, be given to habeas corpus cases, election,
special civil actions, and those so required by cases, special civil actions, and those so
law. (1a, R22) required by law. (1)
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Section 2. Assignment of cases.–The Section 2. Assignment of cases. — The

assignment of cases to the different branches assignment of cases to the different
of court shall be done exclusively by raffle. branches of a court shall be done
The assignment shall be done in open session exclusively by raffle. The assignment shall
of which adequate notice shall be given so as be done in open session of which adequate
to afford interested parties the opportunity notice shall be given so as to afford
to be present (7a, R22) interested parties the opportunity to be
present. (2)
RULE 21
SUBPOENA
Section 1. Subpoena and subpoena duces tecum. Section 1. Subpoena and subpoena duces tecum.
— Subpoena is a process directed to a person — Subpoena is a process directed to a person
requiring him to attend and to testify at the requiring him or her to attend and to testify
hearing or the trial of an action, or at any at the hearing or the trial of an action, or at
investigation conducted by competent any investigation conducted by competent
authority, or for the taking of his deposition. authority, or for the taking of his or her
It may also require him to bring with him deposition. It may also require him or her to
any books, documents, or other things under bring with him or her any books, documents,
his control, in which case it is called a or other things under his or her control, in
subpoena duces tecum. (1a, R23) which case it is called a subpoena duces
tecum. (1a)
Section 2. By whom issued.—The subpoena Section 2. By whom issued. — The subpoena
may be issued by— may be issued by –
a) the court before whom the witness a) the court before whom the witness
is required to attend; is required to attend;
b) the court of the place where the b) the court of the place where the
deposition is to be taken; deposition is to be taken;
c) the officer or body authorized by c) the officer or body authorized by

law to do so in connection with law to do so in connection with
investigations conducted by said officer or investigations conducted by said officer or
body; or body; or
d) any Justice of the Supreme Court or d) any Justice of the Supreme Court or
of the Court of Appeals in any case or the Court of Appeals in any case or
investigation pending within the Philippines. investigation pending within the Philippines.
When an application for a subpoena When an application for a subpoena

to a prisoner is made, the judge or officer to a prisoner is made, the judge or officer
shall examine and study carefully such shall examine and study carefully such
application to determine whether the same is application to determine whether the same is
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made for a valid purpose. made for a valid purpose.
No prisoner sentenced to death, No prisoner sentenced to death,

reclusion perpetua or life imprisonment and reclusion perpetua or life imprisonment and
who is confined in any penal institution shall who is confined in any penal institution shall
be brought outside the said penal institution be brought outside the penal institution for
for appearance or attendance in any court appearance or attendance in any court unless
unless authorized by the Supreme Court. (2a, authorized by the Supreme Court. (2a)
R23)
Section 3. Form and contents.—A subpoena Section 3. Form and contents. — A subpoena
shall state the name of the court and the title shall state the name of the court and the title
of the action or investigation, shall be of the action or investigation, shall be
directed to the person whose attendance is directed to the person whose attendance is
required, and in the case of a subpoena duces required, and in the case of a subpoena duces
tecum, it shall also contain a reasonable tecum, it shall also contain a reasonable
description of the books, documents or description of the books, documents or
things demanded which must appear to the things demanded which must appear to the
court prima facie relevant. (3a, R23) court prima facie relevant. (3)
Section 4. Quashing a subpoena.—The court Section 4. Quashing a subpoena. — The court

may quash a subpoena duces tecum upon may quash a subpoena duces tecum upon
motion promptly made and, in any event, at motion promptly made and, in any event, at
or before the time specified therein if it is or before the time specified therein if it is
unreasonable and oppressive, or the unreasonable and oppressive, or the
relevancy of the books, documents or things relevancy of the books, documents or things
does not appear, or if the person in whose does not appear, or if the person in whose
behalf the subpoena is issued fails to behalf the subpoena is issued fails to
advance the reasonable cost of the advance the reasonable cost of the
production thereof. production thereof.
The court may quash a subpoena ad The court may quash a subpoena ad
testificandum on the ground that the witness testificandum on the ground that the witness
is not bound thereby. In either case, the is not bound thereby. In either case, the
subpoena may be quashed on the ground subpoena may be quashed on the ground
that the witness fees and kilometrage that the witness fees and kilometrage
allowed by these Rules were not tendered allowed by these Rules were not tendered
when the subpoena was served. (4a, R23) when the subpoena was served. (4)
Section 5. Subpoena for depositions.—Proof of Section 5. Subpoena for depositions. — Proof of

service of a notice to take a deposition, as service of a notice to take a deposition, as
provided in sections 15 and 25 of Rule 23, provided in Sections 15 and 25 of Rule 23,
shall constitute sufficient authorization for shall constitute sufficient authorization for
the issuance of subpoenas for the persons the issuance of subpoenas for the persons
named in said notice by the clerk of the court named in said notice by the clerk of the court
of the place in which the deposition is to be of the place in which the deposition is to be
taken. The clerk shall not, however, issue a taken. The clerk shall not, however, issue a
subpoena duces tecum to any such person subpoena duces tecum to any such person
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without an order of the court. (5a, R23) without an order of the court. (5)
Section 6. Service.—Service of a subpoena Section 6. Service. — Service of a subpoena

shall be made in the same manner as shall be made in the same manner as
personal or substituted service of summons. personal or substituted service of summons.
The original shall be exhibited and a copy The original shall be exhibited and a copy
thereof delivered to the person on whom it is thereof delivered to the person on whom it is
served, tendering to him the fees for one served. The service must be made so as to
day’s attendance and the kilometrage allow the witness a reasonable time for
allowed by these Rules, except that, when a preparation and travel to the place of
subpoena is issued by or on behalf of the attendance.
Republic of the Philippines or an officer or
agency thereof, the tender need not be made. Costs for court attendance and the
The service must be made so as to allow the production of documents and other materials
witness a reasonable time for preparation subject of the subpoena shall be tendered or
and travel of the place of attendance. If the charged accordingly. (6a)
subpoena is duces tecum, the reasonable cost
of producing the books, documents or things
demanded shall also be tendered. (6a, R23)
Section 7. Personal appearance in court.—A Section 7. Personal appearance in court. — A

person present in court before a judicial person present in court before a judicial
officer may be required to testify as if he officer may be required to testify as if he or
were in attendance upon a subpoena issued she were in attendance upon a subpoena
by such court or officer. (10, R23) issued by such court or officer. (7a)
Section 8. Compelling attendance.—In case of Section 8. Compelling attendance. — In

failure of a witness to attend, the court or case of failure of a witness to attend, the
judge issuing the subpoena, upon proof of court or judge issuing the subpoena, upon
the service thereof and of the failure of the proof of the service thereof and of the
witness, may issue a warrant to the sheriff of failure of the witness, may issue a warrant to
the province, or his deputy, to arrest the the sheriff of the province, or his or her
witness and bring him before the court or deputy, to arrest the witness and bring him
officer where his attendance is required, and or her before the court or officer where his or
the cost of such warrant and seizure of such her attendance is required, and the
witness shall be paid by the witness if the cost of such warrant and seizure of such
court issuing it shall determine that his witness shall be paid by the witness if the
failure to answer the subpoena was willful court issuing it shall determine that his or
and without just excuse. (11, R23) her failure to answer the subpoena was
willful and without just excuse. (8a)
Section 9. Contempt—Failure by any person Section 9. Contempt. — Failure by any person

without adequate cause to obey a subpoena without adequate cause to obey a
served upon him shall deemed a contempt of subpoena served upon him or her shall be
the court from which the subpoena is issued. deemed a contempt of the court from which
If the subpoena was not issued by a court, the subpoena is issued. If the subpoena was
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the disobedience thereto shall be punished in not issued by a court, the disobedience
accordance with the applicable law or Rule thereto shall be punished in accordance with
(12a, R23) the applicable law or Rule. (9a)
Section 10. Exceptions.—The provisions of Section 10. Exceptions.—The provisions of

sections 8 and 9 this Rule shall not apply to a Sections 8 and 9 of this Rule shall not apply
witness who resides more than one hundred to a witness who resides more than one
(100) kilometers from his residence to the hundred (100) kilometers from his or her
place where he is to testify by the ordinary residence to the place where he or she is to
course of travel, or to a detention prisoner if testify by the ordinary course of travel, or to
no permission of the court in which his case a detention prisoner if no permission of the
is pending was obtained. (9a, R23) court in which his or her case is pending was
obtained. (10a)
RULE 22
COMPUTATION OF TIME
Section 1. How to compute time.—In Section 1. How to compute time. — In

computing any period of time prescribed or computing any period of time prescribed
allowed by these Rules, or by order the or allowed by these Rules, or by order of
court, or by any applicable statute, the day of the court, or by any applicable statute, the
the act or event from which the designated day of the act or event from which the
period of time begins to run is to excluded designated period of time begins to run is
and the date of performance included. If the to be excluded and the date of performance
last day of the period, as thus computed, included. If the last day of the period, as
falls on a Saturday, a Sunday, or a legal thus computed, falls on a Saturday, a
holiday in the place where the court sits, the Sunday, or a legal holiday in the place
time shall not run until the next working where the court sits, the time shall not run
day. (n) until the next working day. (1)
Section 2. Effect of interruption.—Should an Section 2. Effect of Interruption. — Should

act be done which effectively interrupts the an act be done which effectively interrupts
running of the period, the allowable period the running of the period, the allowable
after such interruption shall start to run on period after such interruption shall start to
the day aft notice of the cessation of the run on the day after notice of the cessation
cause thereof. of the cause thereof.
The day of the act that caused the The day of the act that caused the
interruption shall be excluded in the interruption shall be excluded in the
computation of the period. (n) computation of the period. (2)
RULE 23
DEPOSITIONS PENDING ACTIONS
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Section 1. Depositions pending action, when Section 1. Depositions pending action, when
may be taken. – By leave of court after may be taken. — Upon ex parte motion of a
jurisdiction has been obtained over any party, the testimony of any person,
defendant or over property which is the whether a party or not, may be taken by
subject of the action, or without such leave deposition upon oral examination or
after an answer has been served, the written interrogatories. The attendance of
testimony of any person, whether a party or witnesses may be compelled by the use of a
not, may be taken, at the instance of any subpoena as provided in Rule 21.
party, by deposition upon oral examination Depositions shall be taken only in
or written interrogatories. The attendance of accordance with these Rules. The
witnesses may be compelled by the use of a deposition of a person confined in prison
subpoena as provided in Rule 21. may be taken only by leave of court on
Depositions shall be taken only in such terms as the court prescribes. (1a)
accordance with these Rules. The deposition
of a person confined in prison may be taken
only by leave of court on such terms as the
court prescribes. (1a, R24)
Section 2. Scope of examination.—Unless Section 2. Scope of examination. — Unless

otherwise ordered by the court as provided otherwise ordered by the court as provided
by section 16 or 18 of this Rule, the deponent by Section 16 or 18 of this Rule, the
may be examined regarding any matter, not deponent may be examined regarding any
privileged, which is relevant to the subject of matter, not privileged, which is relevant to
the pending action, whether relating to the the subject of the pending action, whether
claim or defense of any other party, relating to the claim or defense of any other
including the existence, description, nature, party, including the existence, description,
custody, condition, and location of any nature, custody, condition, and location of
books, documents, or other tangible things any books, documents, or other tangible
and the identity and location of persons things and the identity and location of
having knowledge of relevant facts. (2, R24) persons having knowledge of relevant
facts. (2)
Section 3. Examination and cross-examination . Section 3. Examination and cross-examination.

—Examination and cross-examination of — Examination and cross- examination of
deponents may proceed as permitted at the deponents may proceed as permitted at the
trial under sections 3 to 18 of Rule 132. (3a, trial under Sections 3 to 18 of Rule 132. (3)
R24)
Section 4. Use of depositions.—At the trial or Section 4. Use of depositions. — At the trial
upon the hearing of a motion or an or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a interlocutory proceeding, any part or
deposition, so far as admissible under the all of a deposition, so far as admissible
rules of evidence, may be used against any under the rules of evidence, may be used
party who was present or represented at the against any party who was present or
taking of the deposition or who had due represented at the taking of the deposition
notice thereof, in accordance with any one of or who had due notice thereof, in
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the following provisions: accordance with any one of the following

provisions:
(a) Any deposition may be used
by any party for the purpose of (a) Any deposition may be used by
contradicting or impeaching the any party for the purpose of
testimony of deponent as a witness; contradicting or impeaching the
testimony of the deponent as a
(b) The deposition of a party or of witness;
any one who at the time of taking the
deposition was an officer, director, or (b) The deposition of a party or of any
managing agent of a public or private one who at the time of taking the
corporation, partnership, or association deposition was an officer, director,
which is a party may be used by an or managing agent of a public or
adverse party for any purpose; private corporation, partnership, or
association which is a party may be
(c) The deposition of a witness, used by an adverse party for any
whether or not a party, may be used by purpose;
any party for any purpose if the court
finds: (1) that the witness is dead; or (2) (c) The deposition of a witness,
that the witness resides at a distance whether or not a party, may be
more than one hundred (100) kilometers used by any party for any purpose
from the place of trial or hearing, or is if the court finds: (1) that the
out of the Philippines, unless it appears witness is dead; or (2) that the
that his absence was procured by the witness resides at a distance more
party offering the deposition; or (3) that than one hundred (100) kilometers
the witness is unable to attend or testify from the place of trial or hearing, or
because of age, sickness, infirmity, or is out of the Philippines, unless it
imprisonment; or (4) that the party appears that his or her absence was
offering the deposition has been unable procured by the party offering the
to procure the attendance of the witness deposition; or (3) that the witness is
by subpoena; or (5) upon application and unable to attend or testify
notice, that such exceptional because of age, sickness, infirmity,
circumstances exist as to make it or imprisonment; or (4) that the
desirable, in the interest of justice and party offering the deposition has
with due regard to the importance of been unable to procure the
presenting the testimony of witnesses attendance of the witness by
orally in open court, to allow the subpoena; or (5) upon application
deposition to be used; and and notice, that such exceptional
circumstances exist as to make it
(d) If only part of a deposition is desirable, in the interest of justice
offered in evidence by a party; the and with due regard to the
adverse party may require him to importance of presenting the
introduce all of it which is relevant to the testimony of witnesses orally in
part introduced, and any party may open court, to allow the deposition
introduce any other parts. (4a, R24) to be used; and
(d) If only part of a deposition is

offered in evidence by a party, the
adverse party may require him or
her to introduce all of it which is
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relevant to the part introduced, and

any party may introduce any other
parts. (4a)
Section 5. Effect of substitution of parties.— Section 5. Effect of substitution of parties. —

Substitution of parties does not affect the Substitution of parties does not affect the
right to use depositions previously taken; right to use depositions previously taken;
and, when an action has been dismissed and and, when an action has been dismissed
another action involving the same subject is and another action involving the same
afterward brought between the same parties subject is afterward brought between the
or their representatives or successors in same parties or their representatives or
interest, all depositions lawfully taken and successors in interest, all depositions
duly filed in the former action may be used lawfully taken and duly filed in the former
in the latter as if originally taken therefor. (5, action may be used in the latter as if
R24) originally taken therefor. (5)
Section 6. Objections to admissibility.—Subject Section 6. Objections to admissibility. —

to the provisions of section 29 of this Rule, Subject to the provisions of Section 29 of
objection may be made at the trial or hearing this Rule, objections may be made at the
to receiving in evidence any deposition or trial or hearing to receiving in evidence any
part thereof for any reason which would deposition or part thereof for any reason
require the exclusion of the evidence if the which would require the exclusion of the
witness were then present and testifying. (6, evidence if the witness were then present
R24) and testifying. (6)
Section 7. Effect of taking depositions.—A party Section 7. Effect of taking depositions. — A

shall not be deemed to make a person his party shall not be deemed to make a person
own witness for any purpose by taking his his or her own witness for any purpose by
deposition. (7, R24) taking his or her deposition. (7a)
Section 8. Effect of using depositions.—The Section 8. Effect of using depositions. — The

introduction in evidence of the deposition or introduction in evidence of the deposition
any part thereof for any purpose other than or any part thereof for any purpose other
that of contradicting or impeaching the than that of contradicting or impeaching
deponent makes the deponent the witness of the deponent makes the deponent the
the party introducing the deposition, but this witness of the party introducing the
shall not apply to the use by an adverse deposition, but this shall not apply to the
party of a deposition as described in use by an adverse party of a deposition as
paragraph (b) of section 4 of this Rule. (8, described in paragraph (b) of Section 4 of
R24) this Rule. (8)
Section 9. Rebutting deposition.—At the trial Section 9. Rebutting deposition. — At the

or hearing, any party may rebut any relevant trial or hearing, any party may rebut any
evidence contained in a deposition whether relevant evidence contained in a deposition
introduced by him or by any other party. (9, whether introduced by him or her or by
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R24) any other party. (9a)
Section 10. Persons before whom depositions Section 10. Persons before whom depositions
may be taken within the Philippines.—Within may be taken within the Philippines. — Within
the Philippines, depositions must be taken the Philippines, depositions may be taken
before any judge, notary public, on the before any judge, notary public, or the
person referred to in section 14 hereof. (10a, person referred to in Section 14 hereof. (10)
R24)
Section 11. Persons before whom depositions Section 11. Persons before whom depositions
may be taken in foreign countries.—In a foreign may be taken in foreign countries. —In a
state or country, depositions may be taken foreign state or country, depositions may
(a) on notice before a secretary of embassy or be taken (a) on notice before a secretary of
legation, consul general, consul, vice-consul, embassy or legation, consul general,
or consular agent of the Republic of the consul, vice-consul, or consular agent of the
Philippines; (b) before such person or officer Republic of the Philippines; (b) before such
as may be appointed by commission or person or officer as may be appointed by
under letters rogatory; or (c) the person commission or under letters rogatory; or (c)
referred to in section 14 hereof. (11a, R24) the person referred to in Section 14 hereof.
(11)
Section 12. Commission or letters rogatory.—A Section 12. Commission or letters rogatory. —

commission or letters rogatory shall be A commission or letters rogatory shall be
issued only when necessary or convenient, issued only when necessary or convenient,
on application and notice, and on such terms on application and notice, and on such
and with such direction as are just terms and with such direction as are just
appropriate. Officers may be designated in and appropriate. Officers may be
notices or commissions either by name or designated in notices or commissions either
descriptive title and letters rogatory may be by name or descriptive title and letters
addressed to the appropriate judicial rogatory may be addressed to the
authority in the foreign country. (12n, R24) appropriate judicial authority in the foreign
country. (12)
Section 13. Disqualification by interest.—No Section 13. Disqualification by interest. — No

deposition shall be taken before a person deposition shall be taken before a person
who is a relative within the sixth degree of who is a relative within the sixth degree of
consanguinity or affinity, or employee or consanguinity or affinity, or employee or
counsel of any of the parties; or who is a counsel of any of the parties; or who is a
relative within the same degree, or employee relative within the same degree, or
of such counsel; or who is financially employee of such counsel; or who is
interested in the action. (13a, R24) financially interested in the action. (13)
Section 14. Stipulations regarding taking of Section 14. Stipulations regarding

depositions.—If the parties so stipulate in taking of depositions. — If the parties so
writing, depositions may be taken before any stipulate in writing, depositions may be
Page 69 of 99
person authorized to administer oaths, at taken before any person authorized to

any time or place, in accordance with these administer oaths, at any time or place, in
Rules, and when so taken may be used like accordance with these Rules, and when so
other depositions. (14a, R24) taken may be used like other depositions.
(14)
Section 15. Deposition upon oral examination; Section 15. Deposition upon oral
notice; time and place.—A party desiring to examination; notice; time and place. — A
take the deposition of any person upon oral party desiring to take the deposition of any
examination shall give reasonable notice in person upon oral examination shall give
writing to every other party to the action. reasonable notice in writing to every other
The notice shall state the time and place for party to the action. The notice shall state
taking the deposition and the name and the time and place for taking the deposition
address of each person to be examined, if and the name and address of each person
known, and if the name is at known, a to be examined, if known, and if the name
general description sufficient to identify him is not known, a general description
or the particular class or group to which he sufficient to identify him or her or the
belongs. On motion of any party upon whom particular class or group to which he or she
the notice is served, the court may for cause belongs. On motion of any party upon
shown enlarge or shorten the time. (15, R24) whom the notice is served, the court may
for cause shown enlarge or shorten the
time. (15a)
Section 16. Orders for the protection of parties Section 16. Orders for the protection of parties
and deponents.— After notice is served for and deponents. — After notice is served for
taking a deposition by oral examination, taking a deposition by oral examination,
upon motion seasonably made by any party upon motion seasonably made by any
or by the person to be examined and for party or by the person to be examined and
good cause shown, the court in which the for good cause shown, the court in which
action is pending may make an order that the action is pending may make the
the deposition shall not be taken, or that it following orders:
may be taken only at some designated place (a) That the deposition shall not be
other than that stated in the notice, or that it taken;
may be taken only on written interrogatories, (b) That the deposition may be
or that certain matters shall not be inquired taken only at some designated
into, or that the scope of the examination place other than that stated in
shall be held with no one present except the the notice;
parties to the action and their officers or (c) That the deposition may be
counsel, or that after being sealed the taken only on written
deposition shall be opened only by order of interrogatories;
the court, or that secret processes (d) That certain matters shall not be
developments, or research need not be inquired into;
disclosed, or that the parties shall (e) That the scope of the
simultaneously filed specified documents or examination shall be held with
information enclosed in sealed envelope to no one present except the
be opened as directed by the court; or the parties to the action and their
court may make any other order which officers or counsel;
justice requires to protect the party or (f) That after being sealed the
witness from annoyance, embarrassment, or deposition shall be opened only
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oppression. (16a, R24) by order of the court;

(g) That secret processes,
developments, or research need
not be disclosed; or
(h) That the parties shall
simultaneously file specified
documents or information
enclosed in sealed envelopes to
be opened as directed by the
court.
The court may make any other order which

justice requires to protect the party or
witness from annoyance, embarrassment,
or oppression. (16a)
Section 17. Record of examination; oath; Section 17. Record of examination; oath;
objections.—The officer before whom the objections. — The officer before whom the
deposition is to be taken shall put the deposition is to be taken shall put the
witness or oath and shall personally, or by witness on oath and shall personally, or by
some one acting under his direction and in some one acting under his or her direction
his presence, record the testimony of the and in his or her presence, record the
witness. The testimony shall be taken testimony of the witness. The testimony
stenographically unless the parties agree shall be taken stenographically unless the
otherwise. All objections made at the time of parties agree otherwise. All objections
the examination to the qualifications of the made at the time of the examination to the
officer taking the deposition, or to the qualifications of the officer taking the
manner of taking it, or to the evidence deposition, or to the manner of taking it, or
presented, or to the conduct of any party, to the evidence presented, or to the
and any other objection to the proceedings, conduct of any party, and any other
shall be noted by the officer upon the objection to the proceedings, shall be noted
deposition. Evidence objected to shall be by the officer upon the deposition.
taken subject to the objections. In lieu of Evidence objected to shall be taken subject
participating in the oral examination, parties to the objections. In lieu of participating in
served with notice of taking a deposition the oral examination, parties served with
may transmit written interrogatories to the notice of taking a deposition may transmit
officers, who shall propound them to the written interrogatories to the officers, who
witness and record the answers verbatim. (17, shall propound them to the witness and
R24) record the answers verbatim. (17a)
Section 18. Motion to terminate or limit Section 18. Motion to terminate or limit

examination.—At any time during the taking examination. — At any time during the
of the deposition, on motion or petition of taking of the deposition, on motion or
any party or of the deponent and upon a petition of any party or of the deponent
showing that the examination is being and upon a showing that the examination
conducted in bad faith or in such manner, as is being conducted in bad faith or in such
unreasonably to annoy, embarrass, or manner as unreasonably to annoy,
oppress the deponent or party, the court in embarrass, or oppress the deponent or
which the action is pending or the Regional party, the court in which the action is
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Trial Court of the place where the deposition pending or the Regional Trial Court of the
is being taken may order the officer place where the deposition is being taken
conducting the examination to cease may order the officer conducting the
forthwith from taking the deposition, or may examination to cease forthwith from taking
limit the scope and manner of the taking of the deposition, or may limit the scope and
the deposition, as provided in section 16 of manner of the taking of the deposition, as
this Rule. If the order made terminates the provided in Section 16 of this Rule. If the
examination, it shall be resumed thereafter order made terminates the examination, it
only upon the order of the court in which the shall be resumed thereafter only upon the
action is pending. Upon demand of the order of the court in which the action is
objecting party or deponent, the taking of the pending. Upon demand of the objecting
deposition shall be suspended for the time party or deponent, the taking of the
necessary to make a notice for an order. In deposition shall be suspended for the time
granting or refusing such order, the court necessary to make a notice for an order. In
may impose upon either party or upon the granting or refusing such order, the court
witness the requirement to pay such costs or may impose upon either party or upon the
expenses as the court may deem reasonable. witness the requirement to pay such costs
(18a, R24) or expenses as the court may deem
reasonable. (18)
Section 19. Submission to witness; changes; Section 19. Submission to witness; changes;
signing.—When the testimony is fully signing. — When the testimony is fully
transcribed, the deposition shall be transcribed, the deposition shall be
submitted to the witness for examination submitted to the witness for examination
and shall be read to or by him, unless such and shall be read to or by him or her,
examination and reading are waived by the unless such examination and reading are
witness and by the parties. Any changes in waived by the witness and by the parties.
form or substance which the witness desires Any changes in form or substance which
to make shall be entered upon the deposition the witness desires to make shall be
by the officer with a statement of the reasons entered upon the deposition by the officer
given by the witness for making them. The with a statement of the reasons given by
deposition shall then be signed by the the witness for making them. The
witness, unless the parties by stipulation deposition shall then be signed by the
waive the signing or the witness is ill or witness, unless the parties by stipulation
cannot be found or refuses to sign. If the waive the signing or the witness is ill or
deposition is not signed by the witness, the cannot be found or refuses to sign. If the
officer shall sign it and state on the record deposition is not signed by the witness, the
the fact of the waiver or of the illness or officer shall sign it and state on the record
absence of the witness or the fact of the the fact of the waiver or of the illness or
refusal to sign together with the reason given absence of the witness or the fact of the
therefor, if any, and the deposition may then refusal to sign together with the reason
be used as fully as though signed, unless on given therefor, if any, and the deposition
a motion to suppress under section 29 (f) of may then be used as fully as though
this Rule, the court holds that the reasons signed, unless on a motion to suppress
given for the refusal to sign require rejection under Section 29(f) of this Rule, the court
Of the deposition in whole or in part. (19a, holds that the reasons given for the refusal
R24) to sign require rejection of the deposition in
whole or in part. (19a)
Page 72 of 99
Section 20. Certification and filing by officer.— Section 20. Certification and filing by officer.
The officer shall certify on the deposition — The officer shall certify on the
that the witness was duly sworn to by him deposition that the witness was duly sworn
and that the deposition is a true record of the to by him or her and that the deposition is
testimony given by the witness. He shall a true record of the testimony given by the
then securely seal the deposition in an witness. He or she shall then securely seal
envelope indorsed with the title of the action the deposition in an envelope indorsed
and marked “Deposition of (here insert the with the title of the action and marked
name of witness)” and shall promptly file it "Deposition of (here insert the
with the court in which the action is pending name of witness)" and shall promptly file it
or send it by registered mail to the clerk with the court in which the action is
thereof for filing. (20, R24) pending or send it by registered mail to the
clerk thereof for filing. (20a)
Section 21. Notice of filing.—The officer taking Section 21. Notice of filing. — The officer
the deposition shall give prompt notice of its taking the deposition shall give prompt
filing to all the parties. (21, R24) notice of its filing to all the parties. (21)
Section 22. Furnishing copies.--Upon Section 22. Furnishing copies. — Upon

payment of reasonable charges therefor, the payment of reasonable charges therefor,
officer shall furnish a copy of the deposition the officer shall furnish a copy of the
to any party or to the deponent. (22, R24) deposition to any party or to the deponent.
(22)
Section 23. Failure to attend of party giving Section 23. Failure to attend of party giving
notice.—If the party giving the notice of the notice. — If the party giving the
taking of a deposition fails to attend and notice of the taking of a deposition fails to
proceed therewith and another attends in attend and proceed therewith and another
person or by counsel pursuant to the notice, attends in person or by counsel pursuant to
the court may order the party giving the the notice, the court may order the party
notice to pay such other party the amount of giving the notice to pay such other party
the reasonable expenses incurred by him and the amount of the reasonable expenses
his counsel in so attending including incurred by him or her and his or her
reasonable attorney’s fees. (23a, R24) counsel in so attending, including
reasonable attorney's fees. (23a)
Section 24. Failure of party giving notice to Section 24. Failure of party giving notice to
serve subpoena.— If the party giving the serve subpoena. — If the party giving the
notice of the taking of a deposition of a notice of the taking of a deposition of a
witness fails to serve a subpoena upon him witness fails to serve a subpoena upon him
and the witness because of such failure does or her and the witness because of such
not attend, and if another party attends in failure does not attend, and if another party
person or by counsel because he expects the attends in person or by counsel because he
deposition of that witness to be taken, the or she expects the deposition of that
court may order the party giving the notice witness to be taken, the court may order
to pay to such other party the amount of the the party giving the notice to pay such
Page 73 of 99
reasonable expenses incurred by him and his other party the amount of the reasonable
counsel in so attending including reasonable expenses incurred by him or her and his or
attorney’s fees. (24a, R24) her counsel in so attending, including
reasonable attorney's fees. (24a)
Section 25. Deposition upon written Section 25. Deposition upon written
interrogatories; service of notice and of interrogatories; service of notice and of
interrogatories.—A party desiring to take the interrogatories. — A party desiring to take
deposition of any person upon written the deposition of any person upon written
interrogatories shall serve them upon every interrogatories shall serve them upon every
other party with a notice stating the name other party with a notice stating the name
and address of the person who is to answer and address of the person who is to answer
them and the name of descriptive title and them and the name or descriptive title and
address of the officer before whom the address of the officer before whom the
deposition is to be taken. Within ten (10) deposition is to be taken. Within ten (10)
days thereafter, a party so served may serve calendar days thereafter, a party so served
cross-interrogatories upon the party may serve cross-interrogatories upon the
proposing to take the deposition. Within five party proposing to take the deposition.
(5) days thereafter, the latter may serve re- Within five (5) calendar days thereafter the
direct interrogatories upon a party who has latter may serve re-direct interrogatories
served cross-interrogatories. Within three (3) upon a party who has served cross-
days after being served with re-direct interrogatories. Within three (3) calendar
interrogatories, a party may serve recross- days after being served with re-direct
interrogatories upon the party proposing to interrogatories, a party may serve recross-
take the deposition. (25, R24) interrogatories upon the party proposing to
take the deposition. (25a)
Section 26. Officers to take responses and Section 26. Officers to take responses and
prepare record.—A copy of the notice and prepare record. — A copy of the notice and
copies of all interrogatories served shall be copies of all interrogatories served shall be
delivered by the party taking the deposition delivered by the party taking the
to the officer designated in the notice, who deposition to the officer designated in the
shall proceed promptly, in the manner notice, who shall proceed promptly, in the
provided by sections 17, 19 and 20 of this manner provided by Sections 17, 19 and
Rule, to take the testimony of the witness in 20 of this Rule, to take the testimony of the
response to the interrogatories and to witness in response to the interrogatories
prepare, certify, and filed or mail the and to prepare, certify, and file or mail the
deposition, attaching thereto the copy of the deposition, attaching thereto the
notice and the interrogatories received by copy of the notice and the interrogatories
him. (26, R24) received by him or her. (26a)
Section 27. Notice of filing and furnishing Section 27. Notice of filing and furnishing
copies.—When a deposition upon copies. —When a deposition upon
interrogatories is filed, the officer taking it interrogatories is filed, the officer taking it
shall promptly give notice thereof to all the shall promptly give notice thereof to all the
parties, and may furnish copies to them or to parties and may furnish copies to them or
the deponent upon payment of reasonable to the deponent upon payment of
charges therefor. (27, R24) reasonable charges therefor. (27)
Page 74 of 99
Section 28. Orders for the protection of parties Section 28. Orders for the protection of parties
and deponents.—After the service of the and deponents. — After the service of the
interrogatories and prior to the taking of the interrogatories and prior to the taking of
testimony of the deponent, the court in the testimony of the deponent, the court in
which the action is pending, on motion which the action is pending, on motion
promptly made by a party or a deponent, promptly made by a party or a deponent,
and for good cause shown, may make any and for good cause shown, may make any
order specified in sections 15, 16 and 18 of order specified in Sections 15, 16 and 18 of
this Rule which is appropriate and just or an this Rule which is appropriate and just or
order that the deposition shall not be taken an order that the deposition shall not be
before the officer designated in the notice or taken before the officer designated in the
that it shall not be taken except upon oral notice or that it shall not be taken except
examination. (28a, R24) upon oral examination. (28)
Section 29. Effect of errors and irregularities

Section 29. Effect of errors and irregularities in in depositions. —
depositions.—
(a) As to notice. — All errors and
(a)As to notice.—All errors and irregularities in the notice for taking
irregularities in the notice for taking a a deposition are waived unless
deposition are waived unless written written objection is promptly served
objection is promptly served upon the upon the party giving the notice.
party giving the notice.
(b) As to disqualification of officer. —
(b) As to disqualification of Objection to taking a deposition
officer.—Objection to taking a deposition because of disqualification of the
because of disqualification of the officer officer before whom it is to be taken
before whom it is to be taken is waived is waived unless made before the
unless made before the taking of the taking of the deposition begins or as
deposition begins or as soon thereafter as soon thereafter as the
the disqualification becomes known or disqualification becomes known or
could be discovered with reasonable could be discovered with reasonable
diligence. diligence.
(c) As to competency or (c) As to competency or

relevancy of evidence.—Objections to the relevancy of evidence. — Objections to
competency of a witness or the the competency of a witness or the
competency, relevancy, or materiality of competency, relevancy, or
testimony are not waived by failure to materiality of testimony are not
make them before or during the taking waived by failure to make them
of the deposition, unless the ground of before or during the taking of the
the objection is one which might have deposition, unless the ground of the
been obviated or removed if presented at objection is one which might have
that time. been obviated or removed if
presented at that time.
(d) As to oral examination and
other particulars.—Errors and (d) As to oral examination and other
irregularities occurring at the oral particulars. — Errors and
Page 75 of 99
irregularities occurring at the oral

examination in the manner of taking the examination in the manner of taking
deposition, in the form of the questions the deposition, in the form of the
or answers, in the oath or affirmation, or questions or answers, in the oath or
in the conduct of the parties and errors affirmation, or in the conduct of the
of any kind which might be obviated, parties and errors of any kind which
removed, or cured if promptly might be obviated, removed, or
prosecuted, are waived unless cured if promptly prosecuted, are
reasonable objection thereto is made at waived unless reasonable objection
the taking of the deposition. thereto is made at the taking of the
deposition.
(e) As to form of written
interrogatories.—Objections to the form of (e) As to form of written interrogatories. —
written interrogatories submitted under Objections to the form of written
sections 25 and 26 of this Rule are interrogatories submitted under Sections 25
waived unless served in writing upon and 26 of this Rule are waived unless
the party propounding them within the served in writing upon the party
time allowed for serving succeeding propounding them within the time allowed
cross or other interrogatories and within for serving succeeding cross or other
three (3) days after service of the last interrogatories and within three (3)
interrogatories authorized. calendar days after service of the last
interrogatories authorized.
(f) As to manner of
preparation.—Errors and irregularities in (f) As to manner of preparation. — Errors
the manner in which the testimony is and irregularities in the manner in which
transcribed or the deposition is the testimony is transcribed or the
prepared, signed, certified, sealed, deposition is prepared, signed, certified,
indorsed, transmitted, filed, or otherwise sealed, indorsed, transmitted, filed, or
dealt with by the officer under sections otherwise dealt with by the officer under
17, 19, 20 and 26 of this Rule are waived Sections 17, 19, 20 and 26 of this Rules are
unless a motion to suppress the waived unless a motion to suppress the
deposition or some part thereof is made deposition or some part thereof is made
with reasonable promptness after such with reasonable promptness after such
defect is, or with due diligence might defect is, or with due diligence might have
have been, ascertained. (29a, R24) been, ascertained. (29a)
RULE 24
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
Section 1. Depositions before action; petition. Section 1. Depositions before action; petition.
—A person who desires to perpetuate his — A person who desires to perpetuate
own testimony or that of another person his or her own testimony or
regarding any matter that may be that of another person regarding any
cognizable in any court of the Philippines, matter that may be cognizable in any
may filed a verified petition in the court of court of the Philippines, may file a
the place of the residence of any expected verified petition in the court of the
adverse party. (1a, R134) place of the residence of any expected
Page 76 of 99
adverse party. (1a)
Section 2. Contents of petition.—The petition Section 2. Contents of petition. — The

shall be entitled in the name of the petition shall be entitled in the
petitioner and shall show: (a) that the name of the petitioner and shall show: (a)
petitioner expects to be a party to an action that the petitioner expects to be a party to
in a court of the Philippines but is an action in a court of the Philippines but
presently unable to bring it or cause it to be is presently unable to bring it or cause it
brought; (b) the subject matter of the to be brought; (b) the subject matter of the
expected action and his interest therein; (c) expected action and his or her interest
the facts which he desires to establish by therein; (c) the facts which he or she
the proposed testimony and his reasons for desires to establish by the proposed
desiring to perpetuate it; (d) the names or a testimony and his or her reasons for
description of the persons he expects will desiring to perpetuate it; (d) the names or
be adverse parties and their addresses so a description of the persons he or she
far as known; and (e) the names and expects will be adverse parties and their
addresses of the persons to be examined addresses so far as known; and (e) the
and the substance of the testimony which names and addresses of the persons to be
he expects to elicit from each, and shall ask examined and the substance of the
for an order authorizing the petitioner to testimony which he or she expects to
take the depositions of the persons to be elicit from each, and shall ask for an
examined named in the petition for the order authorizing the petitioner to take
purpose of perpetuating their testimony. the depositions of the persons to be
(2, R134) examined named in the petition for the
purpose of perpetuating their testimony.
(2a)
Section 3. Notice and service.—The Section 3. Notice and service. — The

petitioner shall serve a notice upon each petitioner shall serve a notice upon each
person named in the petition as an person named in the petition as an
expected adverse party, together with a expected adverse party, together with a
copy of the petition, stating that the copy of the petition, stating that the
petitioner will apply to the court, at a time petitioner will apply to the court, at a
and place named therein, for the order time and place named therein, for the
described in the petition. At least twenty order described in the petition. At least
(20) days before the date of the hearing, the twenty (20) calendar days before the
court shall cause notice thereof to be served date of the hearing, the court shall cause
on the parties and prospective deponents notice thereof to be served on the parties
in the manner provided for service of and prospective deponents in the manner
summons. (3a, R134) provided for service of summons. (3a)
Section 4. Order and examination.—If the Section 4. Order and examination. — If the
court is satisfied that the perpetuation of court is satisfied that the perpetuation of
the testimony may prevent a failure or the testimony may prevent a failure or
delay of justice, it shall make an order delay of justice, it shall make an order
designating or describing the persons designating or describing the persons
whose deposition may be taken and whose deposition may be taken and
specifying the subject matter of the specifying the subject matter of the
Page 77 of 99
examination and whether the depositions examination and whether the depositions
shall be taken upon oral examination or shall be taken upon oral examination or
written interrogatories. The depositions written interrogatories. The depositions
may then be taken in accordance with Rule may then be taken in accordance with
23 before the hearing. (4a, R134) Rule 23 before the hearing. (4)
Section 5. Reference to court.—For the purpose Section 5. Reference to court. — For the
of applying Rule 23 to depositions for purpose of applying Rule 23 to depositions
perpetuating testimony, each reference for perpetuating testimony, each reference
therein to the court in which the action is therein to the court in which the action is
pending shall be deemed to refer to the court pending shall be deemed to refer to the
in which the petition for such deposition was court in which the petition for such
filed. (5a, R134) deposition was filed. (5)
Section 6. Use of deposition.—If a deposition to Section 6. Use of deposition. — If a

perpetuate testimony is taken under this deposition to perpetuate testimony is taken
Rule, or if, although not so taken, it would be under this Rule, or if, although not so
admissible in evidence, it may be used in any taken, it would be admissible in evidence,
action involving the same subject matter it may be used in any action involving the
subsequently brought in accordance with the same subject matter subsequently brought
provisions of sections 4 and 5 of Rule 23. (6a, in accordance with the provisions of
R134) Sections 4 and 5 of Rule 23. (6)
Section 7. Depositions pending appeal.—If an Section 7. Depositions pending appeal. — If an

appeal has been taken from a judgment of a appeal has been taken from a judgment of a
court, including the Court of Appeals in court, including the Court of Appeals in
proper cases, or before the taking of an proper cases, or before the taking of an
appeal if the time therefor has not expired, appeal if the time therefor has not expired,
the court in which the judgment was the court in which the judgment was
rendered may allow the taking of rendered may allow the
depositions of witnesses to perpetuate their taking of depositions of witnesses to
testimony for use in the event of further perpetuate their testimony for use in the
proceedings in the said court. In such case event of further proceedings in the said
the party who desires to perpetuate the court. In such case the party who desires to
testimony may make a motion in the said perpetuate the testimony may make a
court for leave to take the depositions, upon motion in the said court for leave to take
the same notice and service thereof as if the the depositions, upon the same notice and
action was pending therein. The motion shall service thereof as if the action was pending
state (a) the names and addresses of the therein. The motion shall state (a) the
persons to be examined and the substance of names and addresses of the persons to be
the testimony which he expects to elicit from examined and the substance of the
each; and (b) the reason for perpetuating testimony which he or she expects to elicit
their testimony. If the court finds that the from each; and (b) the reason for
perpetuation of the testimony is proper to perpetuating their testimony. If the court
avoid a failure or delay of justice, it may finds that the perpetuation of the testimony
make an order allowing the depositions to be is proper to avoid a failure or
taken, and thereupon the depositions may be delay of justice, it may make an order
taken and used in the same manner and allowing the depositions to be taken, and
Page 78 of 99
under the same conditions as are prescribed thereupon the depositions may be taken
in these Rules for depositions taken in and used in the same manner and under
pending actions. (7a, R134) the same conditions as are prescribed in
these Rules for depositions taken in
pending actions. (7a)
RULE 25
INTERROGATORIES TO PARTIES
Section 1. Interrogatories to parties; service Section 1. Interrogatories to parties; service

thereof. – Under the same conditions thereof. — Upon ex parte motion, any party
specified in section 1 of Rule 23, any party desiring to elicit material and relevant facts
desiring to elicit material and relevant facts from any adverse parties shall file and
from any adverse parties shall file and serve serve upon the latter written
upon the latter written interrogatories to be interrogatories to be answered by the party
answered by the party served or, if the party served or, if the party served is a public or
served is a public or private corporation or a private corporation or a partnership or
partnership or association, by any officer association, by any officer thereof
thereof competent to testify in its behalf. (1a) competent to testify in its behalf. (1a)
Section 2. Answer to interrogatories.—The Section 2. Answer to interrogatories. — The

interrogatories shall be answered fully in interrogatories shall be answered fully in
writing and shall be signed and sworn to by writing and shall be signed and sworn to
the person making them. The party upon by the person making them. The party
whom the interrogatories have been served upon whom the interrogatories have been
shall file and serve a copy of the answers on served shall file and serve a copy of the
the party submitting the interrogatories answers on the party submitting the
within fifteen (15) days after service thereof, interrogatories within fifteen (15) calendar
unless the court, on motion and for good days after service thereof, unless the court,
cause shown, extends or shortens the time. on motion and for good cause shown,
(2a) extends or shortens the time. (2a)
Section 3. Objections to interrogatories.— Section 3. Objections to interrogatories. —

Objections to any interrogatories may be Objections to any interrogatories may be
presented to the court within ten (10) days presented to the court within ten (10)
after service thereof, with notice as in case of calendar days after service thereof, with
a motion; and answers shall be deferred until notice as in case of a motion; and answers
the objections are resolved, which shall be at shall be deferred until the objections are
as early a time as is practicable. (3a) resolved, which shall be at as early a time
as is practicable. (3a)
Section 4. Number of interrogatories.—No Section 4. Number of interrogatories. — No

party may, without leave of court, serve party may, without leave of court, serve
more than one set of interrogatories to be more than one set of interrogatories to be
Page 79 of 99
answered by the same party. (4) answered by the same party. (4)
Section 5. Scope and use of interrogatories.— Section 5. Scope and use of interrogatories. —

Interrogatories may relate to any matters that Interrogatories may relate to any matters
can be inquired into under section 2 of Rule that can be inquired into under Section 2 of
23, and the answers may be used for the Rule 23, and the answers may be used for
same purposes provided in section 4 of the the same purposes provided in Section 4 of
same Rule. (5a) the same Rule. (5)
Section 6. Effect of failure to serve written Section 6. Effect of failure to serve written
interrogatories.— Unless thereafter allowed interrogatories. — Unless thereafter allowed
by the court for good cause shown and to by the court for good cause shown and to
prevent a failure of justice, a party not served prevent a failure of justice, a party not
with written interrogatories may not be served with written interrogatories may
compelled by the adverse party to give not be compelled by the adverse party to
testimony in open court, or to give a give testimony in open court, or to give a
deposition pending appeal. (n) deposition pending appeal. (6)
RULES 26
ADMISSION BY ADVERSE PARTY
Section 1. Request for admission.—At any time Section 1. Request for admission. — At any
after issues have been joined, a party may time after issues have been joined, a party
file and serve upon any other party a written may file and serve upon any other party a
request for the admission by the latter of the written request for the admission by the
genuineness of any material and relevant latter of the genuineness of any material
document described in and exhibited with and relevant document described in and
the request or of the truth of any material exhibited with the request or of the truth of
and relevant matter of fact set forth in the any material and relevant matter of fact set
request. Copies of the documents shall be forth in the request. Copies of the
delivered with the request unless copies documents shall be delivered with the
have already been furnished. (1a) request unless copies have already been
furnished. (1)
Section 2. Implied admission.—Each of the Section 2. Implied admission. — Each of the

matters of which an admission is requested matters of which an admission is requested
shall be deemed admitted unless, within a shall be deemed admitted unless, within a
period designated in the request, which shall period designated in the request, which
not be less than fifteen (15) days after service shall not be less than fifteen (15) calendar
thereof, or within such further time as the days after service thereof, or within such
court may allow on motion, the party to further time as the court may allow on
whom the request is directed files and serves motion, the party to whom the request is
upon the party requesting the admission a directed files and serves upon the party
sworn statement either denying specifically requesting the admission a sworn
Page 80 of 99
the matters of which an admission is statement either denying specifically the

requested or setting forth in detail the matters of which an admission is requested
reasons why he cannot truthfully either or setting forth in detail the reasons why he
admit or deny those matters. or she cannot truthfully either admit or
deny those matters.
Objections to any request for admission shall
be submitted to the court by the party Objections to any request for admission
requested within the period for and prior to shall be submitted to the court by the party
the filing of his sworn statement as requested within the period for and prior
contemplated in the preceding paragraph to the filing of his or her sworn statement
and his compliance therewith shall be as contemplated in the preceding
deferred until such obligations are resolved, paragraph and his or her compliance
which resolution shall be made as early as therewith shall be deferred until such
practicable. (2a) objections are resolved, which resolution
shall be made as early as practicable. (2a)
Section 3. Effect of admission.—Any admission Section 3. Effect of admission. — Any

made by a party pursuant to such request is admission made by a party pursuant to
for the purpose of the pending action only such request is for the purpose of the
and shall not constitute an admission by him pending action only and shall not
for any other purpose nor may the same be constitute an admission by him or her for
used against him in any other proceeding. (3) any other purpose nor may the same be
used against him or her in any other
proceeding. (3a)
Section 4. Withdrawal.—The court may allow Section 4. Withdrawal. — The court may
the party making an admission under this allow the party making an admission
Rule, whether express or implied, to under this Rule, whether express or
withdraw or amend it upon such terms as implied, to withdraw or amend it upon
may be just. (4) such terms as may be just. (4)
Section 5. Effect of failure to file and serve Section 5. Effect of failure to file and serve
request for admission.—Unless otherwise request for admission. — Unless otherwise
allowed by the court for good cause shown allowed by the court for good cause shown
and to prevent a failure of justice, a party and to prevent a failure of justice, a party
who fails to file and serve a request for who fails to file and serve a request for
admission on the adverse party of material admission on the adverse party of material
and relevant facts at issue which are, or and relevant facts at issue which are, or
ought to be, within the personal knowledge ought to be, within the personal knowledge
of the latter, shall not be permitted to present of the latter, shall not be permitted to
evidence on such facts. (n) present evidence on such facts. (5)
RULES 27
PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
Page 81 of 99
Section 1. Motion for production or inspection; Section 1. Motion for production or

order. –Upon motion of any party showing inspection; order. — Upon motion of any
good cause therefor, the court in which an party showing good cause therefor, the
action is pending may (a) order any party to court in which an action is pending may (a)
produce and permit the inspection and order any party to produce and permit the
copying or photographing, by or on behalf of inspection and copying or photographing,
the moving party, of any designated by or on behalf of the moving party, of any
documents, papers, books, accounts, letters, designated documents, papers, books,
photographs, objects or tangible things not accounts, letters, photographs, objects or
privileged, which constitute or contain tangible things, not privileged, which
evidence material to any matter involved in constitute or contain evidence material to
the action and which are in his possession any matter involved in the action and
custody or control; or (b) order any party or which are in his or her possession, custody
permit entry upon designated land or other or control; or (b) order any party to permit
property in his possession or control for the entry upon designated land or other
purpose of inspecting, measuring, surveying, property in his or her possession or control
or photographing the property or any for the purpose of inspecting, measuring,
designated relevant object or operation surveying, or photographing the property
thereon. The order shall specify the time, or any designated relevant object or
place and manner of making the inspection operation thereon. The order shall specify
and taking copies and photographs, and may the time, place and manner of making the
prescribe such terms and conditions as are inspection and taking copies and
just. (1a) photographs, and may prescribe such
terms and conditions as are just. (1a)
RULES 28
PHYSICAL AND MENTAL EXAMINATION OF PERSONS
Section 1. When examination may be ordered.— Section 1. When examination may be ordered.
In an action in which the mental or physical — In an action in which the mental or
condition of a party is in controversy, the physical condition of a party is in
court in which the action is pending may in controversy, the court in which the action
its discretion order him to submit to a is pending may in its discretion order him
physical or mental examination by a or her to submit to a physical or mental
physician. (1) examination by a physician. (1a)
Section 2. Order for examination.—The order Section 2. Order for examination. — The
for examination may be made only on order for examination may be made only
motion for good cause shown and upon on motion for good cause shown and upon
notice to the party to be examined and to all notice to the party to be examined and to
other parties, and shall specify the time, all other parties, and shall specify the time,
place, manner, conditions and scope of the place, manner, conditions and scope of the
examination and the person or persons by examination and the person or persons by
whom it is to be made. (2) whom it is to be made. (2)
Page 82 of 99
Section 3. Report of findings—If requested by Section 3. Report of findings. — If requested

the party examined, the party causing the by the party examined, the party causing
examination to be made shall deliver to him the examination to be made shall deliver to
a copy of a detailed written report of the him or her a copy of a detailed written
examining physician setting out his findings report of the examining physician setting
and conclusions. After such request and out his or her findings and conclusions.
delivery, the party causing the examination After such request and delivery, the party
to be made shall be entitled upon request to causing the examination to be made shall
receive from the party examined a like report be entitled upon request to receive from the
of any examination, previously or thereafter party examined a like report of any
made, of the same mental or physical examination, previously or thereafter
condition. If the party examined refuses to made, of the same mental or physical
deliver such report, the court on motion and condition. If the party examined refuses to
notice may make an order requiring delivery deliver such report, the court on motion
on such terms as are just, and if a physician and notice may make an order requiring
fails or refuses to make such a report the delivery on such terms as are just, and if a
court may exclude his testimony if offered at physician fails or refuses to make such a
the trial. (3a) report, the court may exclude his or her
testimony if offered at the trial. (3a)
Section 4. Waiver of privilege.—By requesting Section 4. Waiver of privilege. — By

and obtaining a report of the examination so requesting and obtaining a report of the
ordered or by taking the deposition of the examination so ordered or by taking the
examiner, the party examined waives any deposition of the examiner, the party
privilege he may have in that action or any examined waives any privilege he or she
other involving the same controversy, may have in that action or any other
regarding the testimony of every other involving the same controversy, regarding
person who has examined or may thereafter the testimony of every other person who
examine him in respect of the same mental or has examined or may thereafter examine
physical examination. (4) him or her in respect of the same mental or
physical examination. (4a)
RULES 29
REFUSAL TO COMPLY WITH MODES OF DISCOVERY
Section 1. Refusal to answer.—If a party or Section 1. Refusal to answer. — If a party or

other deponent refuses to answer any other deponent refuses to answer any
question upon oral examination, the question upon oral examination, the
examination may be completed on other examination may be completed on other
matters or adjourned as the proponent of the matters or adjourned as the proponent of
question may prefer. The proponent may the question may prefer. The proponent
thereafter apply to the proper court of the may thereafter apply to the proper court of
place where the deposition is being taken, for the place where the deposition is being
an order to compel an answer. The same taken, for an order to compel an answer.
procedure may be availed of when a party or The same procedure may be availed of
Page 83 of 99
a witness refuses to answer any when a party or a witness refuses to

interrogatory submitted under Rules 23 or answer any interrogatory submitted under
25. Rules 23 or 25.
If the application is granted, the court If the application is granted, the

shall require the refusing party or deponent court shall require the refusing party or
to answer the question or interrogatory and deponent to answer the question or
if it also finds that the refusal to answer was interrogatory and if it also finds that the
without substantial justification, it may refusal to answer was without substantial
require the refusing party or deponent or the justification, it may require the refusing
counsel advising the refusal, or both of them, party or deponent or the counsel advising
to pay the proponent the amount of the the refusal, or both of them, to pay the
reasonable expenses incurred in obtaining proponent the amount of the reasonable
the order, including attorney’s fees. expenses incurred in obtaining the order,
including attorney's fees.
If the application is denied and the
court finds that it was filed without If the application is denied and the
substantial justification, the court may court finds that it was filed without
require the proponent or the counsel substantial justification, the court may
advising the filing of the application, or both require the proponent or the counsel
of them, to pay to the refusing party or advising the filing of the application, or
deponent the amount of the reasonable both of them, to pay to the refusing party
expenses incurred in opposing the or deponent the amount of the reasonable
application, including attorney’s fees. (1a) expenses incurred in opposing the
application, including attorney's fees. (1)
Section 2. Contempt of court.—If a party or Section 2. Contempt of court. — If a party or

other witness refuses to be sworn or refuses other witness refuses to be sworn or refuses
to answer any question after being directed to answer any question after being directed
to do so by the court of the place in which to do so by the court of the place in which
the deposition is being taken, the refusal may the deposition is being taken, the refusal
be considered a contempt of that court. (2a) may be considered a contempt of that court
(2).
Section 3. Other consequences.—If any party or Section 3. Other consequences. — If any party
an officer or managing agent of a party or an officer or managing agent of a party
refuses to obey an order made under section refuses to obey an order made under
1 of this Rule requiring him to answer Section 1 of this Rule requiring him or her
designated questions, or an order under Rule to answer designated questions, or an
27 to produce any document or other thing order under Rule 27 to produce any
for inspection copying or photographing or document or other thing for inspection,
to permit it to be done, or to permit entry copying, or photographing or to permit it
upon land or other property, or an order to be done, or to permit entry upon land or
made under Rule 28 requiring him to submit other property, or an order made under
to a physical or mental examination, the Rule 28 requiring him or her to submit to a
court may make such orders in regard to the physical or mental examination, the court
refusal as are just, and among others the may make such orders in regard to the
following: refusal as are just, and among others the
following:
Page 84 of 99
(a) An order that the matters (a) (a) An order that the matters
regarding which the questions were regarding which the questions were
asked, or the character or description of asked, or the character or
the thing or land, or the contents of the description of the thing or land, or
paper, or the physical or mental the contents of the paper, or the
condition of the party or any other physical or mental condition of the
designated facts shall be taken to be party, or any other designated facts
established for the purposes of the action shall be taken to be established for
in accordance with the claim of the party the purposes of the action in
obtaining the order; accordance with the claim of the
party obtaining the order;
(b) An order refusing to allow the
disobedient party to support or oppose (b) An order refusing to allow the
designated claims or defenses or disobedient party to support or
prohibiting him from introducing in oppose designated claims or
evidence designated documents or defenses or prohibiting him or her
things or items of testimony, or from from introducing in evidence
introducing evidence of physical or designated documents or things or
mental condition; items of testimony, or from
introducing evidence of physical or
(c) An order striking out mental condition;
pleadings or parts thereof, or staying
further proceedings until the order is (c) An order striking out pleadings or
obeyed, or dismissing the action or parts thereof, or staying further
proceeding or any part thereof or proceedings until the order is
rendering a judgment by default against obeyed, or dismissing the action or
the disobedient party; and proceeding or any part thereof, or
rendering a judgment by default
(d) In lieu of any of the foregoing against the disobedient party; and
orders or in addition thereto, an order
directing the arrest of any party or agent (d) In lieu of any of the foregoing
of party for disobeying any of such orders or in addition thereto, an
orders except an order to submit to a order directing the arrest of any
physical or mental examination. (3a) party or agent of a party for
disobeying any of such orders
except an order to submit to a
physical or mental examination.
(3a)
Section 4. Expenses on refusal to admit.—If a Section 4. Expenses on refusal to admit. — If a

party after being served with a request under party after being served with a request
Rule 26 to admit the genuineness of any under Rule 26 to admit the
document or the truth of any matter of fact, genuineness of any document or the
serves a sworn denial thereof and if the party truth of any matter of fact, serves a sworn
requesting the admissions thereafter proves denial thereof and if the party requesting
the genuineness of such document or the the admissions thereafter proves the
truth of any such matter of fact, he may genuineness of such document or the
apply to the court for an order requiring the truth of any such matter of fact, he or she
other party to pay him the reasonable may apply to the court for an order
Page 85 of 99
expenses incurred in making such proof, requiring the other party to pay him or her
including attorney’s fees. Unless the court the reasonable expenses incurred in
finds that there were good reasons for the making such proof, including reasonable
denial or that admissions sought were of no attorney's fees. Unless the court finds that
substantial importance, such order shall be there were good reasons for the denial or
issued. (4a) that admissions sought were of no
substantial importance, such order shall be
issued. (4a)
Section 5. Failure of party to attend or serve Section 5. Failure of party to attend or serve

answers.—If a party or an officer or managing answers. — If a party or an officer or
agent of a party wilfully fails to appear managing agent of a party wilfully fails to
before the officer who is to take his appear before the officer who is to take his
deposition, after being served with a proper or her deposition, after being served with a
notice, or fails to serve answers to proper notice, or fails to serve answers to
interrogatories submitted under Rule 25 after interrogatories submitted under Rule 25
proper service of such interrogatories, the after proper service of such interrogatories,
court on motion and notice, may strike out the court on motion and notice, may strike
all or any part of any pleading of the party, out all or any part of any pleading of that
or dismiss the action or proceeding or any party, or dismiss the action or proceeding
part thereof, or enter a judgment by default or any part thereof, or enter a judgment by
against the party, and in its discretion, order default against that party, and in its
him to pay reasonable expenses incurred by discretion, order him or her to pay
the other, including attorney’s fees. (5) reasonable expenses incurred by the other,
including attorney's fees. (5a)
Section 6. Expenses against the Republic of the Section 6. Expenses against the
Philippines.—Expenses and attorney’s fees Republic of the Philippines. —Expenses and
are not to be imposed upon the Republic of attorney’s fees are not to be imposed upon
the Philippines under this Rule.(6) the Republic of the Philippines under this
Rule. (6)
RULE 30
TRIAL
Section 1. Notice of trial. – Upon entry of a Section 1. Schedule of trial. — The parties
case in the trial calendar, the clerk shall shall strictly observe the scheduled
notify the parties of the date of its trial in hearings as agreed upon and set forth in
such manner as shall ensure his receipt of the pre-trial order.
that notice at least five (5) days before such
date. (2a, R22) (a) The schedule of the trial dates, for both
plaintiff and defendant, shall be
continuous and within the following
periods:
Page 86 of 99
i. The initial presentation of plaintiff’s

evidence shall be set not later than
thirty (30) calendar days after the
termination of the pre-trial
conference. Plaintiff shall be allowed
to present its evidence within a
period of three (3) months or ninety
(90) calendar days which shall
include the date of the judicial
dispute resolution, if necessary;
ii. The initial presentation of

defendant’s evidence shall be set not
later than thirty (30) calendar days
after the court’s ruling on plaintiff’s
formal offer of evidence. The
defendant shall be allowed to present
its evidence within a period of three
(3) months or ninety (90) calendar
days;
iii. The period for the presentation of

evidence on the third (fourth, etc.) -
party claim, counterclaim or cross-
claim shall be determined by the
court, the total of which shall in no
case exceed ninety (90) calendar
days; and
iv. If deemed necessary, the court shall

set the presentation of the parties’
respective rebuttal evidence, which
shall be completed within a period of
thirty (30) calendar days.
(b) The trial dates may be shortened

depending on the number of witnesses
to be presented, provided that the
presentation of evidence of all parties
shall be terminated within a period of
ten (10) months or three hundred (300)
calendar days. If there are no third
(fourth, etc.)-party claim, counterclaim
or cross-claim, the presentation of
evidence shall be terminated within a
period of six (6) months or one hundred
eighty (180) calendar days.
(c) The court shall decide and serve copies

of its decision to the parties within a
period not exceeding ninety (90)
Page 87 of 99
calendar days from the submission of

the case for resolution, with or without
memoranda. (n)
Section 2. Adjournments and postponements. – Section 2. Adjournments and postponements.

A court may adjourn a trial from day to day, — A court may adjourn a trial from day to
and to any stated time, as the expeditious day, and to any stated time, as the
and convenient transaction of business may expeditious and convenient transaction of
require, but shall have no power to adjourn a business may require, but shall have no
trial for a longer period than one month for power to adjourn a trial for a longer period
each adjournment, nor more than three than one month for each adjournment, nor
months in all, except when authorized in more than three months in all, except when
writing by the Court Administrator, authorized in writing by the Court
Supreme Court. (3a, R22) Administrator, Supreme Court.
The party who caused the postponement is

warned that the presentation of its
evidence must still be terminated on the
remaining dates previously agreed upon.
(2a)
Section 3. Requisites of motion to postpone trial Deleted88

for absence of evidence. – A motion to postpone
a trial on the ground of absence of evidence
can be granted only upon affidavit showing
the materiality or relevancy of such evidence,
and that due diligence has been used to
procure it. But if the adverse party admits
the facts to be given in evidence, even if he
objects or reserves the right to object to their
admissibility, the trial shall not be
postponed. (4a, R22)
Section 4. Requisites of motion to postpone trial Section 3. Requisites of motion to postpone

for illness of party or counsel. – A motion to trial for illness of party or counsel. — A
postpone a trial on the ground of illness of a motion to postpone a trial on the ground of
party or counsel may be granted if it appears illness of a party or counsel may be granted
upon affidavit or sworn certification that the if it appears upon affidavit or sworn
presence of such party or counsel at the trial certification that the presence of such party
is indispensable and that the character of his or counsel at the trial is indispensable and
illness is such as to render his non- that the character of his or her illness is
attendance excusable. (5a, R22) such as to render his or her non-attendance
excusable. (4a)
88
Deleted because judicial affidavits are now required to be attached to the
pleadings, and the materiality or relevancy of evidence can now be determined from the
said affidavits.
Page 88 of 99
No counterpart provision Section 4. Hearing days and calendar call. —

Trial shall be held from Monday to
Thursday, and courts shall call the cases at
exactly 8:30 a.m. and 2:00 p.m., pursuant to
Administrative Circular No. 3-99. Hearing
on motions shall be held on Fridays,
pursuant to Section 8, Rule 15.
All courts shall ensure the posting of their

court calendars outside their courtrooms at
least one (1) day before the scheduled
hearings, pursuant to OCA Circular No.
250-2015. (n)
Section 5. Order of trial. –Subject to the Section 5. Order of trial. — Subject to the
provisions of section 2 of Rule 31, and unless provisions of Section 2 of Rule 31, and
the court for special reasons otherwise unless the court for special reasons
directs, the trial shall be limited to the issues otherwise directs, the trial shall be limited
stated in the pre-trial order and shall proceed to the issues stated in the pre-trial order
as follows: and shall proceed as follows:

(a) The plaintiff shall adduce evidence in (a) The plaintiff shall adduce evidence in
support of his complaint; support of his or her complaint;
(b) The defendant shall then adduce (b) The defendant shall then adduce
evidence in support of his defense, evidence in support of his or her
counterclaim, cross-claim and third-party defense, counterclaim, cross-claim and
complaint; third-party complaint;
(c) The third-party defendant, if any, shall

(c) The third-party defendant, if any, shall adduce evidence of his or her defense,
adduce evidence of his defense, counterclaim, cross-claim and fourth-
counterclaim, cross-claim and fourth-party party complaint;
complaint;
(d) The fourth-party, and so forth, if any,
shall adduce evidence of the material
(d) The fourth-party, and so forth, if any, facts pleaded by them;
shall adduce evidence of the material facts
pleaded by them; (e) The parties against whom any
counterclaim or cross-claim has been
(e) The parties against whom any pleaded, shall adduce evidence in
counterclaim or cross-claim has been support of their defense, in the order to
pleaded, shall adduce evidence in support of be prescribed by the court;
their defense, in the order to be prescribed
by the court; (f) The parties may then respectively
adduce rebutting evidence only, unless
(f) The parties may then respectively adduce the court, for good reasons and in the
rebutting evidence only, unless the court, for furtherance of justice, permits them to
good reasons and in the furtherance of adduce evidence upon their original
Page 89 of 99
justice, permits them to adduce evidence case; and

upon their original case; and
(g) Upon admission of the evidence, the
case shall be deemed submitted for
(g) Upon admission of the evidence, the case decision, unless the court directs the
shall be deemed submitted for decision, parties to argue or to submit their
unless the court directs the parties to argue respective memoranda or any further
or to submit their respective memoranda or pleadings.
any further pleadings.
If several defendants or third-party
If several defendants or third-party defendants, and so forth, having separate
defendants, and so forth, having separate defenses appear by different counsel, the
defenses appear by different counsel, the court shall determine the relative order of
court shall determine the relative order of presentation of their evidence. (5a)
presentation of their evidence. (1a, R30)
No counterpart provision Section 6. Oral offer of exhibits. — The offer

of evidence, the comment or objection
thereto, and the court ruling shall be made
orally in accordance with Sections 34 to 40
of Rule 132. (n)
Section 6. Agreed statement of facts. – The Section 7. Agreed statement of facts. — The
parties to any action may agree, in writing, parties to any action may agree, in writing,
upon the facts involved in the litigation, and upon the facts involved in the litigation,
submit the case for judgment on the facts and submit the case for judgment on the
agreed upon, without the introduction of facts agreed upon, without the introduction
evidence. of evidence.
If the parties agree only on some of the facts If the parties agree only on some of the
in issue, the trial shall be held as to the facts in issue, the trial shall be held as to the
disputed facts in such order as the court shall disputed facts in such order as the court
prescribe. (2a, R30) shall prescribe. (6)
Section 7. Statement of judge. – During the Deleted89

hearing or trial of a case any statement made
by the judge with reference to the case, or to
any of the parties, witnesses or counsel, shall
be made of record in the stenographic notes.
(3a, R30)
Section 8. Suspension of actions. – The Section 8. Suspension of actions. — The

suspension of actions shall be governed by suspension of actions shall be governed by
the provisions of the Civil Code. (n) the provisions of the Civil Code and other
89
Deleted because all courts are courts of record, and any statement made by the
judge during court proceedings are always made of record in the stenographic notes.
Page 90 of 99
laws. (8a)
Section 9. Judge to receive evidence; delegation Section 9. Judge to receive evidence; delegation
to clerk of court. – The judge of the court to clerk of court. — The judge of the court
where the case is pending shall personally where the case is pending shall personally
receive the evidence to be adduced by the receive the evidence to be adduced by the
parties. However, in default or ex parte parties. However, in default or ex parte
hearings, and in any case where the parties hearings, and in any case where the parties
agree in writing, the court may delegate the agree in writing, the court may delegate the
reception of evidence to its clerk of court reception of evidence to its clerk of court
who is a member of the bar. The clerk of who is a member of the bar. The clerk of
court shall have no power to rule on court shall have no power to rule on
objections to any question or to the objections to any question or to the
admission of exhibits, which objections shall admission of exhibits, which objections
be resolved by the court upon submission of shall be resolved by the court upon
his report and the transcripts within ten (10) submission of his or her report and the
days from termination of the hearing. (n) transcripts within ten (10) calendar days
from termination of the hearing. (9a)
RULES 31
CONSOLIDATION OR SEVERANCE
Section 1. Consolidation.—When actions Section 1. Consolidation. — When actions

involving a common question of law or fact involving a common question of law or fact
are pending before the court, it may order a are pending before the court, it may order a
joint hearing or trial of any or all the matters joint hearing or trial of any or all the
in issue in the actions; it may order all the matters in issue in the actions; it may order
actions consolidated; and it may make such all the actions consolidated; and it may
orders concerning proceedings therein as make such orders concerning proceedings
may tend to avoid unnecessary costs or therein as may tend to avoid unnecessary
delay. (1) costs or delay. (1)
Section 2. Separate trials.—The court, in Section 2. Separate trials. — The court, in

furtherance of convenience or to avoid furtherance of convenience or to avoid
prejudice, may order a separate trial of any prejudice, may order a separate trial of any
claim, cross-claim, counterclaim, or third- claim, cross-claim, counterclaim, or third-
party complaint, or of any separate issue or party complaint, or of any separate issue or
of any number of claims, cross-claims, of any number of claims, crossclaims,
counterclaims, third-party complaint or counterclaims, third-party complaints or
issues. (2a) issues. (2)
RULES 32
TRIAL BY COMMISSIONER
Page 91 of 99
Section 1. Reference by consent.—By written Section 1. Reference by consent. — By written

consent of both parties, the court may order consent of both parties, the court may order
any or all of the issues in a case to be referred any or all of the issues in a case to be
to a commissioner to be agreed upon by the referred to a commissioner to be agreed
parties or to be appointed by the court. As upon by the parties or to be appointed by
used in these Rules, the word the court. As used in these Rules, the word
“commissioner” includes a referee, an "commissioner" includes a referee, an
auditor and an examiner. (1a, R33) auditor and an examiner. (1)
Section 2. Reference ordered on motion.—When Section 2. Reference ordered on motion. —

the parties do not consent, the court may, When the parties do not consent, the court
upon the application of either or of its own may, upon the application of either or of its
motion) direct a reference to a commissioner own motion, direct a reference to a
in the following cases: commissioner in the following cases:
(a) When the trial of an issue of fact (a) When the trial of an issue of fact
requires the examination of a long account requires the examination of a long account
on either side, in which case the commis- on either side, in which case the
sioner may be directed to hear and report commissioner may be directed to hear and
upon the whole issue or any specific report upon the whole issue or any specific
question involved therein; question involved therein;
(b) When the taking of an account is (b) When the taking of an account is
necessary for the information of the court necessary for the information of the court
before judgment, or for carrying a judgment before judgment, or for carrying a
or order into effect; judgment or order into effect;
(c) When a question of fact, other (c) When a question of fact, other than
than upon the pleadings, arises upon motion upon the pleadings, arises upon motion or
or otherwise, in any stage of a case, or for otherwise, in any stage of a case, or for
carrying a judgment or order into effect. (2a, carrying a judgment or order into effect. (2)
R33)
Section 3. Order of reference; powers of the Section 3. Order of reference; powers of the
commissioner.— When a reference is made, commissioner. — When a reference is made,
the clerk shall forthwith furnish, the the clerk shall forthwith furnish the
commissioner with a copy of the order of commissioner with a copy of the
reference. The order may specify or limit the order of reference. The order may specify
powers of the commissioner, and may direct or limit the powers of the commissioner,
him to report only upon particular issues, or and may direct him or her to report only
to do or perform particular acts, or to receive upon particular issues, or to do or perform
and report evidence only, and may fix the particular acts, or to receive and report
date for beginning and closing the hearings evidence only, and may fix the date for
and for the filing of his report. Subject to the beginning and closing the hearings and for
specifications and limitations stated in the the filing of his or her report. Subject to the
order, the commissioner has and shall specifications and limitations stated in the
exercise the power to regulate the order, the commissioner has and shall
Page 92 of 99
proceedings in every hearing before him and exercise the power to regulate the
to do all acts and take all measures necessary proceedings in every hearing before him or
or proper for the efficient performance of his her and to do all acts and take all measures
duties under the order. He may issue necessary or proper for the efficient
subpoenas and subpoenas duces tecum, swear performance of his or her duties under the
witnesses, and unless otherwise provided in order. He or she may issue subpoenas and
the order of reference, he may rule upon the subpoenas duces tecum, swear witnesses,
admissibility of evidence. The trial or and unless otherwise provided in the
hearing before him shall proceed in all order of reference, he or she may rule upon
respects as it would if held before the court. the admissibility of evidence. The trial or
(3a, R33) hearing before him or her shall proceed in
all respects as it would if held before the
court. (3a)
Section 4. Oath of commissioner.—Before Section 4. Oath of commissioner. — Before

entering upon his duties the commissioner entering upon his or her duties the
shall be sworn to a faithful and honest commissioner shall be sworn to a faithful
performance thereof. (14, R33) and honest performance thereof. (4a)
Section 5. Proceedings before commissioner.— Section 5. Proceedings before commissioner. —

Upon receipt of the order of reference and Upon receipt of the order of reference
unless otherwise provided therein, the unless otherwise provided therein, the
commissioner shall forthwith set a time and commissioner shall forthwith set a time
place for the first meeting of the parties or and place for the first meeting of the parties
their counsel to be held within ten (10) days or their counsel to be held within ten (10)
after the date of the order of reference and calendar days after the date of the
shall notify the parties or their counsel. (5a, order of reference and shall notify the
R33) parties or their counsel. (5a)
Section 6. Failure of parties to appear before Section 6. Failure of parties to appear before

commissioner.—If a party fails to appear at the commissioner. — If a party fails to appear at
time and place appointed, the commissioner the time and place appointed, the
may proceed ex parte or, in his discretion, commissioner may proceed ex parte or, in
adjourn the proceedings to a future day, his or her discretion, adjourn the
giving notice to the absent party or his proceedings to a future day, giving notice
counsel of the adjournment. (6a, R33) to the absent party or his or her
counsel of the adjournment. (6a)
Section 7. Refusal of witness.—The refusal of a Section 7. Refusal of witness. — The

witness to obey a subpoena issued by the refusal of a witness to obey a subpoena
commissioner or to give evidence before issued by the commissioner or to give
him, shall be deemed a contempt of the court evidence before him or her, shall be
which appointed the commissioner. (7a, R33) deemed a contempt of the court which
appointed the commissioner. (7a)
Page 93 of 99
Section 8. Commissioner shall avoid delays.—It Section 8. Commissioner shall avoid delays. —
is the duty of the commissioner to proceed It is the duty of the commissioner to
with all reasonable diligence. Either party, proceed with all reasonable diligence.
on notice to the parties and commissioner, Either party, on notice to the parties and
may apply to the court for an order requiring commissioner, may apply to the court for
the commissioner to expedite the an order requiring the commissioner to
proceedings and to make his report. (8a, R33) expedite the proceedings and to make his
or her report. (8a)
Section 9. Report of commissioner.—Upon the Section 9. Report of commissioner. — Upon

completion of the trial or hearing or the completion of the trial or hearing or
proceeding before the commissioner, he shall proceeding before the commissioner, he or
file with the court his report in writing upon she shall file with the court his or her
the matters submitted to him by the order of report in writing upon the matters
reference. When his powers are not specified submitted to him or her by the
or limited, he shall set forth his findings of order of reference. When his or her powers
fact and conclusions of law in his report. He are not specified or limited, he or she shall
shall attach thereto all. exhibits, affidavits, set forth his or her findings of fact and
depositions, papers and the transcripts, if conclusions of law in his or her report. He
any, of the testimonial evidence presented or she shall attach thereto all exhibits,
before him. (9a, R33) affidavits, depositions, papers and the
transcript, if any, of the testimonial
evidence presented before him or her. (9a)
Section 10. Notice to parties of the filing of Section 10. Notice to parties of the
report.—Upon the filing of the report, the filing of report. — Upon the filing of the
parties shall be notified by the clerk, and report, the parties shall be notified by the
they shall be allowed ten (10) days within clerk, and they shall be allowed ten (10)
which to signify grounds of objections to the calendar days within which to signify
findings of the report, if they so desire. grounds of objections to the findings of the
Objections to the report based upon grounds report, if they so desire. Objections to the
which were available to the parties during report based upon grounds which were
the proceedings before the commissioner, available to the parties during the
other than objections to the findings and proceedings before the commissioner, other
conclusions therein set forth, shall not be than objections to the findings and
considered by the court unless they were conclusions therein set forth, shall not be
made before the commissioner. (10, R33) considered by the court unless they were
made before the commissioner. (10a)
Section 11. Hearing upon report.—Upon the Section 11. Hearing upon report. — Upon the
expiration of the period of ten (10) days expiration of the period of ten (10) calendar
referred to in the preceding section, the days referred to in the preceding section,
report shall be set for hearing, after which the report shall be set for hearing, after
the court shall issue an order adopting, which the court shall issue an order
modifying, or rejecting the report in whole or adopting, modifying, or rejecting the report
in part, or recommitting it with instructions, in whole or in part, or recommitting it with
or requiring the parties to present further instructions, or requiring the parties to
evidence before the commissioner or the present further evidence before the
Page 94 of 99
court. (11a, R33) commissioner or the court. (11a)
Section 12. Stipulations as to findings.—When Section 12. Stipulations as to findings. —

the parties stipulate that a commissioner’s When the parties stipulate that a
findings of fact shall be final, only questions commissioner's findings of fact shall be
of law shall thereafter be considered. (12a, final, only questions of law shall thereafter
R33) be considered. (12)
Section 13. Compensation of commissioner.— Section 13. Compensation of commissioner. —

The court shall allow the commissioner such The court shall allow the commissioner
reasonable compensation as the such reasonable compensation as the
circumstances of the case warrant, to be circumstances of the case warrant, to be
taxed as costs against the defeated party, or taxed as costs against the defeated party, or
apportioned, as justice requires. (13, R33) apportioned, as justice requires. (13)
RULE 33
DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence. – After the Section 1. Demurrer to evidence. — After the
plaintiff has completed the presentation of plaintiff has completed the presentation of
his evidence, the defendant may move for his or her evidence, the defendant may
dismissal on the ground that upon the facts move for dismissal on the ground that
and the law the plaintiff has shown no right upon the facts and the law the plaintiff has
to relief. If his motion is denied, he shall have shown no right to relief. If his or her
the right to present evidence. If the motion is motion is denied, he or she shall have the
granted but on appeal the order of dismissal right to present evidence. If the motion is
is reversed, he shall be deemed to have granted but on appeal the order of
waived the right to present evidence. (1a, dismissal is reversed, he or she shall be
R35) deemed to have waived the right to present
evidence. (1a)
No counterpart provision. Section 2. Action on demurrer to evidence. —

A demurrer to evidence shall be subject to
the provisions of Rule 15.
The order denying the demurrer to

evidence shall not be subject of an appeal
or petition for certiorari, prohibition or
mandamus before judgment. (n)
RULE 34
JUDGMENT ON THE PLEADINGS
Page 95 of 99
Section 1. Judgment on the pleadings. – Where Section 1. Judgment on the pleadings. – Where
an answer fails to tender an issue, or an answer fails to tender an issue, or
otherwise admits the material allegations of otherwise admits the material allegations of
the adverse party’s pleading, the court may, the adverse party’s pleading, the court may,
on motion of that party, direct judgment on on motion of that party, direct judgment on
such pleading. However, in actions for such pleading. However, in actions for
declaration of nullity or annulment of declaration of nullity or annulment of
marriage or for legal separation, the material marriage or for legal separation, the material
facts alleged in the complaint shall always be facts alleged in the complaint shall always be
proved. (1a, R19) proved. (1)
No counterpart provision. Section 2. Action on motion for judgment on the

pleadings. — The court may motu proprio or
on motion render judgment on the pleadings
if it is apparent that the answer fails to
tender an issue, or otherwise admits the
material allegations of the adverse party’s
pleadings. Otherwise, the motion shall be
subject to the provisions of Rule 15 of these
Rules.
Any action of the court on a motion for

judgment on the pleadings shall not be
subject of an appeal or petition for certiorari,
prohibition or mandamus. (n)
RULE 35
SUMMARY JUDGMENTS
Section 1. Summary judgment for claimant. — Section 1. Summary judgment for claimant. —
A party seeking to recover upon a claim, A party seeking to recover upon a claim,
counterclaim, or cross-claim or to obtain a counterclaim, or cross-claim or to obtain a
declaratory relief may, at any time after the declaratory relief may, at any time after the
pleading in answer thereto has been served, pleading in answer thereto has been served,
move with supporting affidavits, depositions move with supporting affidavits, depositions
or admissions for a summary judgment in or admissions for a summary judgment in
his favor upon all or any part thereof. (1a, his or her favor upon all or any part thereof.
R34) (1a)
Section 2. Summary judgment for defending Section 2. Summary judgment for defending
party. — A party against whom a claim, party. — A party against whom a claim,
counterclaim, or cross-claim is asserted or a counterclaim, or cross-claim is asserted or a
declaratory relief is sought may, at any time, declaratory relief is sought may, at any time,
Page 96 of 99
move with supporting affidavits, depositions move with supporting affidavits, depositions
or admissions for a summary judgment in or admissions for a summary judgment in
his favor as to all or any part thereof. (2a, his or her favor as to all or any part thereof.
R34) (2a)
Section 3. Motion and proceedings thereon. – Section 3. Motion and proceedings thereon. —
The motion shall be served at least ten (10) The motion shall cite the supporting
days before the time specified for the affidavits, depositions or admissions, and
hearing. The adverse party may serve the specific law relied upon. The adverse
opposing affidavits, depositions, or party may file a comment and serve
admissions at least three (3) days before the opposing affidavits, depositions, or
hearing. After the hearing, the judgment admissions within a non-extendible period
sought shall be rendered forthwith if the of five (5) calendar days from receipt of the
pleadings, supporting affidavits, depositions, motion. Unless the court orders the conduct
and admissions on file, show that, except as of a hearing, judgment sought shall be
to the amount of damages, there is no rendered forthwith if the pleadings,
genuine issue as to any material fact and that supporting affidavits, depositions and
the moving party is entitled to a judgment as admissions on file, show that, except as to
a matter of law. (3a, R34) the amount of damages, there is no genuine
issue as to any material fact and that the
moving party is entitled to judgment as a
matter of law.
Any action of the court on a motion for

summary judgment shall not be subject of an
appeal or petition for certiorari, prohibition
or mandamus. (3a)
Section 4. Case not fully adjudicated on motion. Section 4. Case not fully adjudicated on motion.
– If on motion under this Rule, judgment is — If on motion under this Rule, judgment is
not rendered upon the whole case or for all not rendered upon the whole case or for all
the reliefs sought and a trial is necessary, the the reliefs sought and a trial is necessary, the
court at the hearing of the motion, by court may, by examining the pleadings and
examining the pleadings and the evidence the evidence before it and by interrogating
before it and by interrogating counsel shall counsel, ascertain what material facts exist
ascertain what material facts exist without without substantial controversy, including
substantial controversy and what are the extent to which the amount of damages
actually and in good faith controverted. It or other relief is not in controversy, and
shall thereupon make an order specifying the direct such further proceedings in the action
facts that appear without substantial as are just. The facts so ascertained shall be
controversy, including the extent to which deemed established, and the trial shall be
the amount of damages or other relief is not conducted on the controverted facts
in controversy, and directing such further accordingly. (4a)
proceedings in the action as are just. The
facts so specified shall be deemed
established, and the trial shall be conducted
on the controverted facts accordingly. (4a,
R34)
Page 97 of 99
Section 5. Form of affidavits and supporting Section 5. Form of affidavits and supporting
papers. — Supporting and opposing papers. — Supporting and opposing
affidavits shall be made on personal affidavits shall be made on personal
knowledge, shall set forth such facts as knowledge, shall set forth such facts as
would be admissible in evidence, and shall would be admissible in evidence, and shall
show affirmatively that the affiant is show affirmatively that the affiant is
competent to testify to the matters stated competent to testify to the matters stated
therein. Certified true copies of all papers or therein. Certified true copies of all papers or
parts thereof referred to in the affidavit shall parts thereof referred to in the affidavit shall
be attached thereto or served therewith. (5a, be attached thereto or served therewith. (5)
R34)
Section 6. Affidavits in bad faith. — Should it Section 6. Affidavits in bad faith. — Should it
appear to its satisfaction at any time that any appear to its satisfaction at any time that any
of the affidavits presented pursuant to this of the affidavits presented pursuant to this
Rule are presented in bad faith, or solely for Rule are presented in bad faith, or solely for
the purpose of delay, the court shall the purpose of delay, the court shall
forthwith order the offending party or forthwith order the offending party or
counsel to pay to the other party the amount counsel to pay to the other party the amount
of the reasonable expenses which the filing of the reasonable expenses which the filing
of the affidavits caused him to incur of the affidavits caused him or her to incur,
including attorney's fees, it may, after including attorney's fees, it may, after
hearing further adjudge the offending party hearing further adjudge the offending party
or counsel guilty of contempt. (6a, R34) or counsel guilty of contempt. (6a)
RULE 144
EFFECTIVENESS
These rules shall take effect on These rules shall take effect on
January 1, 1964. They shall govern all cases January 1, 1964. They shall govern all cases
brought after they take effect, and also all brought after they take effect, and also all
further proceedings in cases then pending, further proceedings in cases then pending,
except to the extent that in the opinion of the except to the extent that in the opinion of the
court, their application would not be feasible court, their application would not be feasible
or would work injustice, in which even the or would work injustice, in which even the
former procedure shall apply. former procedure shall apply.
The 2019 Proposed Amendments to

the 1997 Rules of Civil Procedure shall
govern all cases filed after their effectivity on
May 1, 2020, and also all pending
proceedings, except to the extent that in the
opinion of the court, their application would
not be feasible or would work injustice, in
Page 98 of 99
which case the procedure under which the

cases were filed shall govern. (n)
The application and adherence to the

said amendments shall be subject to periodic
monitoring by the Sub-Committee, through
the Office of the Court Administrator (OCA).
For this purpose, all courts covered by the
said amendments shall accomplish and
submit a periodic report of data in a form to
be generated and distributed by the OCA.
(n)
All rules, resolutions, regulations or

circulars of the Supreme Court or parts
thereof that are inconsistent with any
provision of the said amendments are hereby
deemed repealed or modified accordingly.
(n)
Page 99 of 99

Proposed amendments to 1997 Rules of Civil Procedure

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Proposed amendments to 1997 Rules of Civil Procedure

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PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

The defenses of a party are alleged in the

Section 4. Answer. — An answer is a pleading Section 4. Answer. - An answer is a

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

negative or affirmative. be negative or affirmative.

(b) An affirmative defense is an allegation of a (b) An affirmative defense is an allegation

Affirmative defenses may also include

Section 6. Counterclaim. — A counterclaim is Section 6. Counterclaim. — A counterclaim

Section 7. Compulsory counterclaim. — A Section 7. Compulsory counterclaim. — A

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

Section 8. Cross-claim. — A cross-claim is any Section 8. Cross-claim. - A cross-claim is

Section 9. Counter-counterclaims and counter- Section 9. Counter-counterclaims and counter-

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

In the event of an actionable document

The third (fourth, etc.)-party complaint

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

over them can be obtained. (12)

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

of circumstances so far as that can be done statement of a single set of circumstances

(d) Date. — Every pleading shall be dated.

The signature of counsel constitutes a (b) The signature of counsel constitutes a

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

An unsigned pleading produces no legal

(3) The factual contentions have

(4) The denials of factual contentions

(c) If the court determines, on motion or

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

resulting from the violation, including

Section 4. Verification. — Except when Section 4. Verification.13 — Except when

A pleading is verified by an affidavit thatA pleading is verified by an affidavit of an

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

(b) The pleading is not filed to harass,

(c) The factual allegations therein have

The signature of the affiant shall further

A pleading required to be verified that

Section 5. Certification against forum shopping.Section 5. Certification against forum

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

certification or non-compliance with any of

Section 6. Contents.15 — Every pleading

(a) Names of witnesses who will be

(b) Summary of the witnesses’ intended

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

Except if a party presents

(c) Documentary and object evidence in

Section 2. Alternative causes of action or Section 2. Alternative causes of action or

Section 3. Conditions precedent. — In any Section 3. Conditions precedent. — In any

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

Section 6. Judgment. — In pleading a Section 6. Judgment. — In pleading a

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

substance of such instrument or document substance of such instrument or document

Section 9. Official document or act. — In Section 9. Official document or act.- In

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS

No counterpart provision. Section 12. Affirmative defenses. — (a) A

1.That the court has no jurisdiction over

2.That venue is improperly laid;

3.That the plaintiff has no legal capacity

4.That the pleading asserting the claim

5.That a condition precedent for filing

(b) Failure to raise the affirmative defenses

(c) The court shall motu proprio resolve the

(d) As to the other affirmative defenses

1997 RULES OF CIVIL PROCEDURE 2019 PROPOSED AMENDMENTS