2019 AMENDMENTS TO THE 1997 RULES

OF CIVIL PROCEDURE
J O S E L O R E N Z O R . D E L A R O S A
 Reform
Procedural Laws • Improve flow
of court
proceedings

• Avoid delay /
More just, speedy, frivolous
inexpensive claims and
disposition of every defenses
action/proceeding
 Claim → Complaint / CC /
Crossclaim / 3rd /
Complaint in intervention

PLEADINGS
ALLOWED
Defense → Answer (to
pleading asserting claim)
 • G.R. → Reply is NOT allowed (new matters alleged in Answer are
deemed controverted)

• EXCEPT: Reply allowed if Answer attached an actionable

document (within 15 days)

**Rejoinder allowed if Reply is solely based on

an actionable document

PLEADINGS
→Third Party Complaint (includes 4th, etc.)
• against a person not party to action for contribution, indemnity,
subrogation, or other relief with respect to opponent’s claim
• Leave of court
• DENY admission
1. 3rd party defendant cannot be located within 30 calendar days
2. extraneous matters to issue
3. Introduce new and separate controversy to action

PLEADINGS
A F F I R M AT I V E D E F E N S E S
VS.
N E G AT I V E D E F E N S E S
 A F F I R M AT I V E D E F E N S E S

Rule 6, Section 5(b) Rule 8, Section 12

1. Fraud 1. NO jurisdiction over person of defending party
2. Statute of Limitations 2. Improper Venue
1. NO
3. Release jurisdiction 3. NO legal capacity to sue
4. Payment over subject 4. Failure to state cause of action
matter
5. Illegality 2. Litis 5. Non-compliance with condition precedent
6. Statute of Frauds pendentia
3. Res judicata
7. Estoppel
8. Former Recovery
9. Discharge in Bankruptcy
10. Confession and
Avoidance
 Failure to raise at earliest opportunity = waiver

Motu propio resolve affirmative defenses within

30 calendar days from filing of Answer
AF F I RMATI VE
DEFENSES
If under Rule 6, Section 5(b), 1st paragraph, may
conduct summary hearing within 15 calendar
days from filing of Answer. Resolve within 30
calendar days from termination of summary
hearing
 Denial of Affirmative Defense

NO MR/65

Raise on Appeal after

Judgement on merits
**NOTE Rule 65, Section 7
Counterclaim –
compulsory
counterclaim
not raised in the Cross-claim –
same action is May cover all or
BARRED part of original
claim
Signature of Counsel NOT for improper purpose: harass,
cause unnecessary delay, needless
costs

claims and defenses warranted by

existing law/jurisprudence or by
non-frivolous argument extending,
modifying existing jurisprudence

factual contentions have evidentiary

support/will likely have evidentiary
support after availment of MOD
PA R T S A N D
Denials of factual contentions CONTENTS OF A
warranted by evidence/ reasonably
based on belief or lack of PLEADING
knowledge
 impose sanction
Violation of
signature
refer to proper
office for
disciplinary action
**Motion /
motu propio
+ notice &
hearing
• Attests
1. Allegations are true and
correct based on personal
knowledge or based on
authentic documents
2. Pleading not filed to
harass, cause unnecessary
delay or needleslly
increase cost of litigation V E R I F I CAT I O N
3. Factual allegations have ( O N LY I F
evidentiary support of
after MOD will have
REQUIRED BY
evidentiary support LAW / RULE)
 Signed by party Signature
as representative certifies
(attach Sec Cert truthfulness of
as SPA) allegations
VERIFICATION

**2004 Rules on Notarial Practice

C E RT I F I C AT I O N AG A I N S T
FORUM SHOPPING

Attach Sec Cert / SPA

 E V I D E N T I A RY M AT T E R S I N
PLEADINGS

STATE
• Names of witnesses
• Summary of intended testimonies + Judicial Affidavit / Meritorious Reason
• Documentary and Objective Evidence

**No JA No presentation
MANNER OF
MAKING • Ultimate facts, including
evidence
A L L E G AT I O N S • Cause of action / defense
IN PLEADINGS based on law (clearly and
concisely stated)
• Attach authenticated
copy of Judgement /
Decision
 NO Default in
Annulment / Nullity
of Marriage and
Legal Separation

Solicitor General
vs.
Prosecuting
Attorney
Amendment or Supplemental Complaint to
be filed by Plaintiff for any claims arising out
of new matters alleged in Answer (Rule 6,
Section 10)

AMENDMENTS
 DENY LEAVE IF

AMENDMENT •Made to confer

BY LEAVE
OF COURT
jurisdiction
•Made to state
cause of action
NO MORE Amendment to
Conform with Evidence →
DEEMED Admitted

*issues only within those

pleaded. Extraneous
evidence is irrelevant, must
have objection, else
deemed admitted
Amended pleading supersedes former
pleading

→ Superseded pleading may be offered

(extra-judicial admission)
 ANSWER 30 days from service of summons

60 days if foreign private juridical

entity
PERIODS
(CALENDAR
30 days from Amended
DAY S ) Complaint filed as a matter of
right
15 days from receipt of order
admitting Amended Complaint
filed with leave of court
 ANSWER

• 20 days: Answer to CC/Cross claim

PERIODS • 20 days: Supplemental Complaint from
(CALENDAR Order admitting
DAY S ) • 10 days if Supplemental Pleading
• > 60 days Summons through Publication
 Extension for Answer

• 1 Motion (meritorious
reason)
• < 30 calendar days Extension for Other
Pleadings Prohibited
(mere scrap of paper)

→ may allow + fix time

 Service to counsel = service to
party

May order service to party and

FILING AND counsel
SERVICE Service to 1 counsel representing
several parties

Service to lead counsel (if

designated) if several counsel
 1. Personal – upon receipt (stamp
acknowledgement)
2. Registered Mail – date of mailing
(Affidavit of mailing)
3. Accredited courier – date of
mailing (Affidavit of service)
4. Electronic mail – date of
transmission (Affidavit of
electronic filing +
personal/registered)
5. Electronic means date of
transmission (Affidavit of
FILING electronic filing +
Acknowledgement)
 SERVICE

1. Personal
2. Registered mail
3. Accredited courier
4. Electronic mail
5. Facsimile
6. Electronic means
7. International Conventions
 • Counsel
• Party (and counsel + court order)
• Authorized rep (named in
PERSONAL pleading/motion)
SERVICE
• Office (clerk/person in
charge)
• Residence (in absence/not
found/not known office
• 8am to 6pm
• Consent
• Electronic means as agreed on or
upon direction of court
• Notice of Change (within 5 days of
change)
• NO Notice → Old remains valid
• Format (see Section 12)
SERVICE BY
ELECTRONIC
MEANS AND
FA C S I M I L E
SERVICE OF
JUDGMENT • Accredited Courier →
ex parte + expense of
party

**Summons by publication =
publication of Judgement
 CONVENTIONAL
(PERSONAL/REGISTERED
MAIL)
1. Initiatory pleadings and Initial Responsive pleadings (e.g. Answer)
2. Subpoena, protective Orders, writs
3. Appendices and exhibits not readily amenable to electronic scanning
(option of party filing)
4. Sealed and confidential records

*Electronic transmission requires express permission of court

SERVICE
MODE PROOF COMPLETENESS
1. Personal Written admission / Return Actual delivery
of Server / Affidavit

2. Ordinary mail Affidavit of Mailing 10 days after mailing unless

otherwise proven

3. Registered Mail Affidavit of Mailing + Actual receipt / 5 days from

Registry Receipt receipt of 1st notice,
whichever is earlier

4. Accredited courier Affidavit o Service + Actual receipt / 2 attempts /

OR/Tracking document 5 days from 1st attempt,
whichever is earlier
S E R V I C E ( C O N T. )

MODE PROOF COMPLETENESS

5. Electronic Affidavit of Service See Notification

6. Facsimile Affidavit of Service Indicated in print out

 Electronic Service of Record

Retain and attach to record paper copy of

document electronically served
SUMMONS • 5 calendar days – issue if
not dismissible on its face
• 30 calendar days –
complete service (from
issuance)
• 5 calendar days
• File Return (from
service + cc plaintiff’s
counsel)
• Includes jail warden
SUMMONS
remains valid until
recalled

ALIAS summons only

in case of loss or
destruction (Motion)
 sheriff/deputy

Summons other proper

served by court officer

plaintiff

**Return shall be sworn to if not

made by Sheriff or Deputy
SERVICE OF
SUMMONS
BY →Plaintiff together with
PLAINTIFF Sheriff
→If outside Judicial Region ,
OK Plaintiff only
→MISREPRESENTATION =
DISMISSAL with prejudice +
sanctions
SERVICE OF SUMMONS
BY PLAINTIFF

→ex parte motion

→If plaintiff, juridical entity, notify name of rep (Board
Resolution/Sec Cert)
→Authority stated in summons
SERVICE OF SUMMONS

Order other
If unserved
means

Failure to comply,
DISMISS without
prejudice
**Do not archive
PERSONAL + inform / Leaving Within
View or in Presence of Defendant

SUBSTITUTED
(Failure of Personal Service:
3x + 2 different dates)
SUBSTITUTED 1. Residence – at 18 years + sufficient
discretion + residing
SERVICE 2. Office/regular place of business –
Competent person (includes one
who customarily receives
correspondence)
3. Officer of Homeowner’s Association
/ Condo Corp or Chief Security
Officer – after entry refused upon
making authority and purpose
known
4. Email → if allowed by Court (proof
→ print out + Affidavit of person)
• Service consistent with International Conventions
→ Hague Service Convention- A.O. 250-2020

• Service spouses sued jointly → made individually

SERVICE ON
DOMESTIC JURIDICAL ENTITY
President
still EXCLUSIVE

Managing
Partner

Corp. Sec.
+ their Secretaries
(in absence or unavailability)
Treasurer

In-house
counsel
SERVICE ON
DOMESTIC JURIDICAL ENTITY
WHEREVER THEY MAY BE PRINCIPAL OFFICE
FOUND:
• President → If cannot serve on
• Managing Partner foregoing, the person who
• Treasurer customarily receives
correspondence
• Corporate Secretary
• In-house Counsel
SERVICE ON DOMESTIC
JURIDICAL ENTITY

→service ELECTRONICALLY
→3x on 2 different dates
→If allowed by Court

→If Receivership/liquidation → Receiver/Liquidator

FOREIGN
P R I VAT E J U R I D I CA L E N T I T I E S

Outside the Philippines (Leave of

Within the Philippines Court, NOT Registerd / NO RA)

→Resident Agent • Personal (DFA assistance)

→If no RA, Gov’t official designated by • Publication + reg mail, facsimile,

law / officers, agents, directors, electronic means, discretionary means
trustees that court may direct
S U M M O N S T H R O U G H P U B L I C AT I O N

Identity / Whereabouts unknown

(90 days to cause publication)
Extraterritorial Service
(may resort to Apostille/Service
Conventions)

Residents temporarily out of the

Philippines

** Leave of Court (Affidavit)

** NOT less than 60 days to file Answer
OT H E R R U L E 1 4 I N N OVAT I O N S

MTD of grounds other than

Service of Summons by
lack of jurisdiction over
Counsel (deputized by
person – VOLUNTARY
court)
APPEARANCE
~Lay out Return for
Substituted Service
 • WRITING + Proof of Service
if oral, resolve immediately after DP
• OMNIBUS MOTION RULE

MOTIONS • BASED ON FACTS ON RECORD, else

Affidavits / Depositions / may hear
 Resolve within
5 calendar days
Non-Litigious (NO more
hearing)

Within 5 calendar
days + 15 calendar
MOTIONS Litigious days (may call a
hearing x notice
of hearing)

Prohibited DENY
Motions
 G.R. Motion for Postponement
prohibited EXCEPT Acts of God, FM,
Physical Inability to testify

WARNING

**Postponement Fee + OR
 1. Lack of jurisdiction over subject matter of
claim
2. Litis pendentia (same party + same cause)
3. Res Judicata (C of A barred by Prior
MOTION TO Judgment)
DISMISS 4. Prescription (Statute of Limitations)

- All others are Affirmative Defenses

DISMISSAL
WITH • Res Judicata
PREJUDICE • Prescription
• Claim paid, waived,
abandoned, or
extinguished
• Statute of Frauds
(Unenforceable)
 • Notice of Pre-Trial issue within 5
calendar days from last responsive
pleading
• Set within 60 days
P R E -T R I A L
• No more preliminary conference
• Include dates for CAM and JAR if
necessary
 • Conducted by Judge + terminate
promptly
• Mark and compare evidence
• No more Blanket reservation
• State name, position, and nature
P R E -T R I A L of testimony and particular
description of documentary and
object evidence

Failure to bring evidence without just cause = waiver

to present
 →Appearance by party and counsel
→Non-appearance = DISMISSAL / present evidence ex-
parte within 10 days
= WAIVER to faithfulness of
reproductions / genuineness /
due execution
P R E -T R I A L

*VALID CAUSE – Acts of God, FM, Substantiated

Physical Inability

*Representative must be duly authorized

P R E -T R I A L • File 3 calendar days

BRIEF • Brief statement of points of law and

citation of authorities
• Witnesses and summary of
testimonies
• Main factual and legal issues to be
resolved

Failure to file = Failure to Appear

P R E -T R I A L
ORDER • Specific dates for continuous trial
(ISSUED • Case flowchart
WITHIN 10 • One day examination → JA
D AY S ) • Judgement on Pleadings / SJ
• Warnings
 CAM

• After PT
• 30 days, NO extension

JDR

• Assess possibility of settlement

• Discretionary
• Conduct 15 days from notice of
CAM failure
 JUDGEMENT AFTER
P R E -T R I A L

• Judgement on Pleadings / summary

• motu propio / motion
• Within 90 days, decide without need of
Memoranda / Position Paper
• Order to submit not subject to appeal / Certiorari
 Depositions /
Interrogatories to Parties

Upon ex-parte motion

→ No more leave of court / Notice

TRIAL

• Follow scheduled hearings set at pre-trial order

• Initial trial: < 30 days from termination of PT
• Defense Evidence: < 30 days from ruling on FOE
• Presentation per party: < 3 months / 90 days
TRIAL

• Follow RGCT → postponement but still finish with remaining

date
• Oral FOE, Oral Object, Oral Ruling
• Decide 90 days from submission, with or without
memorandum
DEMURRER
TO
• Criminal vs. Civil
EVIDENCE
• Subject to Rule 15 (5 calendar
days to commit, 15 calendar
days to resolve)
• Denial not subject to appeal /
65
JUDGMENT ON THE
PLEADINGS

• motu propio or motion (litigious)

• Action on motion, not subject to
appeal / 65
SUMMARY JUDGMENT

motu propio

Motion (litigious / court may conduct hearings)

• Cite supporting affidavits, depositions, admissions, and specific law

Comment (5 days from receipt of motion)

• Serve opposing affidavits, deposition or admisssions

Action on motion not subject to appeal / 65

 MARAMING
S A L A M AT

M A B U H AY K AYO !