RULES Civilprocedure (Amended) 3934980131713659503

NOTES
on
The 2019 Proposed Amendments to the
1997 RULES OF CIVIL PROCEDURE
A.M. No. 19-10-20-SC
15 October 2019
(Effective: 1 MAY 2020)
Deputy Court Administrator RAUL B. VILLANUEVA

OCA-Supreme Court
NOTICE: This material was done for educational purposes only. The comparisons made herein were simply to determine
what were the amendments or revisions done in every Rule, if any. The reasons for the amendments or revisions, for lack
of sufficient information thereon, are not discussed. Full responsibility is assumed for any comment or remark found herein.
RULE 6
KINDS OF PLEADINGS
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 2. Pleadings The claims of a party are The claims of a party are ❑ No amendment in the
allowed asserted in a complaint, asserted in a complaint, first paragraph of Sec.
counterclaim, cross-claim, counterclaim, cross-claim, 2
third (fourth, etc.)-party third (fourth, etc.)-party
complaint, or complaint in complaint, or complaint in
intervention. intervention.
The defenses of a party The defenses of a party

❑ The amendment in the
are alleged in the answer are alleged in the answer
second paragraph is
to the pleading asserting a to the pleading asserting a
only gender-based
claim against him. claim against him or her.
(may mean “him or
her” or “he or she”)
An answer may be An answer may be
❑ No reply may be filed if
responded to by a reply. responded to by a reply
the defendant does
only if the defending party
not attach an
attaches an actionable
actionable document
document to the answer.
to the answer.
NOTE1: Rules 6 to 43, Rules of Court, are under the title PROCEDURE IN REGIONAL TRIAL COURTS. The subject of
the Proposed Amendments are Rules 6 to 35
NOTE2: Under Sec. 1, Rule 5 (Uniform Procedure), which was not amended, the procedure in the “Municipal Trial Courts”
(MeTCs, MTCCs, MTCs, and MCTCs) “shall be the same as the in the Regional Trial Courts, except (a) where a particular
provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary
Procedure”.
NOTE3: No amendment in Sec. 1 (Pleading defined), Sec. 4 (Answer), Sec. 6 (Counterclaim), Sec. 9 (Counter-
counterclaims and counter-cross-claims), Sec. 12 (Bringing new parties) and Sec. 13 (Answer to third [fourth, etc.]-party
complaint)
RULE 6
KINDS OF PLEADINGS – cont.
PROVISION PROVISION
Sec. 3. Complaint The complaint is the pleading The complaint is the pleading ❑ The complainant
alleging the plaintiff’s cause or alleging the plaintiff’s or claiming may now be
causes of action. The names and party’s cause or causes of action.
referred to as the
residences of the plaintiff and The names and residences of
defendant must be stated in the the plaintiff (or claiming party) plaintiff or
complaint. and defendant must be stated in “claiming party”
the complaint.
Sec. 5. Defenses Defenses may either be negative Defenses may either be negative❑ No amendment in the
or affirmative. or affirmative. first paragraph and
item (a) of Sec. 5.
(a) A negative defense is the (a) A negative defense is the
specific denial of the material fact specific denial of the material
or facts alleged in the pleading of fact or facts alleged in the
the claimant essential to his pleading of the claimant
cause or causes of action. essential to his cause or causes
(b) An affirmative defense is an of action. ❑ The amendment in
allegation of a new matter which, (b) An affirmative defense is an item (b) of Sec. 5 is
while hypothetically admitting the allegation of a new matter which, only gender-based.
material allegations in the while hypothetically admitting the
pleading of the claimant, would material allegations in the
nevertheless prevent or bar pleading of the claimant, would
recovery by him. The affirmative nevertheless prevent or bar
defenses include fraud, statute of recovery by him or her. The
limitations, release, payment, affirmative defenses include
illegality, statute of frauds, fraud, statute of limitations,
estoppel, former recovery, release, payment, illegality,
discharge in bankruptcy, and any statute of frauds, estoppel,
other matter by way of former recovery, discharge in
confession and avoidance. bankruptcy, and any other matter
by way of confession and
avoidance.
RULE 6
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
Sec. 5. Defenses – NO ORIGINAL PROVISION Affirmative defenses may also ❑ This is a new paragraph
include grounds for the dismissal of in Sec. 5 regarding
cont. a complaint, specifically, that the affirmative defenses. An
court has no jurisdiction over the affirmative defense
subject matter, that there is another includes grounds for the
action pending between the same dismissal of the complaint,
parties for the same cause, or that such as lack of
the action is barred by a prior jurisdiction of the court
judgment. over the subject matter,
there is another action
pending between the
same parties (litis
pendentia) or the action
is barred by prior
judgment (res judicata )
Sec. 7. Compulsory A compulsory counterclaim is A compulsory counterclaim is one ❑ A new sentence is

one which, being cognizable by which, being cognizable by the regular included in Sec. 7
counterclaim the regular courts of justice, courts of justice, arises out of or is providing that a
arises out of or is connected with connected with the transaction or compulsory counterclaim
the transaction or occurrence occurrence constituting the subject not raised in the same
constituting the subject matter of matter of the opposing party’s claim action (or case) is barred,
the opposing party’s claim and and does not require for its adjudication unless it is allowed or can
does not require for its the presence of third parties of whom still be pursued
adjudication the presence of third the court cannot acquire jurisdiction. separately in a separate
parties of whom the court cannot Such a counterclaim must be within the action per the Rules.
acquire jurisdiction. Such a jurisdiction of the court both as to the
counterclaim must be within the amount and the nature thereof, except
jurisdiction of the court both as to that in an original action before the
the amount and the nature Regional Trial Court, the counterclaim
thereof, except that in an original may be considered compulsory
action before the Regional Trial regardless of the amount. A
Court, the counterclaim may be compulsory counterclaim not raised
considered compulsory in the same action is barred, unless
regardless of the amount. otherwise allowed by these Rules.
RULE 6
PROVISION
Sec. 8. Cross-claim A cross-claim is any claim by one A cross-claim is any claim by one party ❑ The second sentence of Sec. 8
party against a co-party arising against a co-party arising out of the was amended to indicate that a
out of the transaction or transaction or occurrence that is the cross-claim covers “all or part of
occurrence that is the subject subject matter either of the original the original claim”.
matter either of the original action action or of a counterclaim therein. Such
or of a counterclaim therein. cross-claim may cover all or part of the
Such cross-claim may include a original claim.
claim that the party against
whom it is asserted is or may be
liable to the cross-claimant for all
or part of a claim asserted in the
action against the cross-claimant.
Sec. 10. Reply A reply is a pleading, the office or All new matters alleged in the answer ❑ This is a new paragraph inserted
function of which is to deny, or are deemed controverted. If the in Sec. 10 which clarifies that “all
allege facts in denial or plaintiff wishes to interpose any new matters alleged in the
avoidance of new matters claims arising out of the new matters answer are deemed
alleged by way of defense in the so alleged, such claims shall be set controverted”. If the plaintiff
answer and thereby join or make forth in an amended or supplemental wishes to interpose any claims
issue as to such new matters. If a complaint. However, the plaintiff may arising out of the new matters,
party does not file such reply, all file a reply only if the defending party these should be set forth in an
the new matters alleged in the attaches an actionable document to amended or supplemental
answer are deemed controverted. his or her answer. complaint. Also, a reply can be
filed, but only if the defending
If the plaintiff wishes to interpose A reply is a pleading, the office or party attached an actionable
any claims arising out of the new function of which is to deny, or allege document in the answer.
matters so alleged, such claims facts in denial or avoidance of new ❑ The amendment in the second
shall be set forth in an amended matters alleged in or relating to said paragraph emphasizes that a
or supplemental complaint. actionable document. reply, which is intended to deny
or alleged facts in denial or
In the event of an actionable avoidance of new matters
document attached to the reply, the alleged in or relating to an
defendant may file a rejoinder if the actionable document.
same is based solely on an ❑ A rejoinder may be filed if the
actionable document. reply is based on an actionable
document.
RULE 6
PROVISION
Sec. 11. Third (fourth, A third (fourth, etc.)-party A third (fourth, etc.)-party❑ No amendment in the
etc.)-party complaint complaint is a claim that a complaint is a claim that a first paragraph of Sec. 11
defending party may, with defending party may, with leave which defines what is a
leave of court, file against of court, file against a person third (fourth, etc.)-party
a person not a party to the not a party to the action, called complaint.
action, called the third the third (fourth, etc.)-party
(fourth, etc.)-party defendant, for contribution,
defendant, for contribution, indemnity, subrogation or any
indemnity, subrogation or other relief, in respect of his
any other relief, in respect opponent’s claim.
of his opponent’s claim. The third (fourth, etc.)-party❑ This is a new paragraph
complaint shall be denied wherein the court may
admission, and the court deny a third (fourth, etc.)-
shall require the defendant to party complaint and
institute a separate action, require the defendant to
where: (a) the third (fourth, institute a separate
etc.)-party defendant cannot action based on 3
be located within thirty (30) grounds, to wit: (a) the
calendar days from the grant third (fourth, etc.)-party
of such leave; (b) matters defendant cannot be
extraneous to the issue in the located within 30
principal case are raised; or calendar days from the
(c) the effect would be to grant of leave; (b)
introduce a new and separate matters extraneous to
controversy into the action. the issue in the principal
case are raised; or (c)
the effect would be to
introduce a new and
separate controversy into
the action.
RULE 7
PARTS AND CONTENTS OF A PLEADING
PROVISION PROVISION
Sec. 3. Signature and Every pleading must be signed by (a) Every pleading and other ❑ The amendment in item (a)
the party or counsel representing written submissions to the of Sec. 3 provides that,
address him, stating in either case his court must be signed by the aside from “pleadings”,
address which should not be a post party or counsel representing “other written submissions
office box. him or her. to the court” must be
signed. Also, another
The signature of counsel constitutes (b) The signature of counsel amendment is gender-
a certificate by him that he has read constitutes a certificate by him based.
the pleading; that to the best of his or her that he or she has read
knowledge, information, and belief the pleading and document; ❑ The amendments in item
there is good ground to support to that to the best of his or her (b) are, among others,
support it; and that it is not knowledge, information, and gender-based. In addition,
interposed for delay. belief, formed after an inquiry the signature of counsel
reasonable under the constitutes a certificate by
An unsigned pleading produces no circumstances: him/her that he/she read
legal effect. However, the court may, (1) It is not being presented the pleading and
in its discretion, allow such for any improper purpose, “document” to the best of
deficiency to be remedied if it shall such as to harass, cause his/her knowledge,
appear that the same was due to unnecessary delay, or information and belief,
mere inadvertence and not intended needlessly increase the cost “formed after an inquiry”
for delay. Counsel who deliberately of litigation; made by the said counsel.
files an unsigned pleading, or signs (2) The claims, defenses, and ❑ Sub-items (1) to (4) are
a pleading in violation of this Rule, or other legal contentions are new provisions in item (b)
alleges scandalous or indecent warranted by existing law or pertaining to the
matter therein, or fails to promptly jurisprudence, or by a non- circumstances subject of
report to the court a change of his frivolous argument for the inquiry required of a
address, shall be subject to extending, modifying, or counsel before signing a
appropriate disciplinary action. reversing existing pleading or document
jurisprudence;
NOTE1: The title of Rule 7 was amended to include not only PARTS, but also, CONTENTS of a PLEADING
NOTE2: No amendment in Sec. 1 (Caption) and Sec. 2 (Amendment)
RULE 7
PARTS AND CONTENTS OF A PLEADING – cont.
PROVISION PROVISION
Sec. 3. Signature and (3) The factual contentions ❑ The subject of inquiry for
address – cont. have evidentiary support or, if purposes of the certification in
specifically so identified, will the pleading or document are,
likely have evidentiary among others, the following:
support after availment of the (1) the pleading or document
modes of discovery under is not being presented for any
these rules; and improper purpose; (2) the
(4) The denials of factual claims, defenses and other
contentions are warranted on legal contentions are
the evidence or, if specifically warranted by existing law or
so identified, are reasonably jurisprudence; (3) the factual
based on belief or a lack of contentions have evidentiary
information. support; and (4) the factual
contentions are warranted on
the evidence.
(c) If the court determines, ❑

on Item (c) is a new provision. It
motion or motu proprio and provides that the court may,
after notice and hearing, that on motion or motu proprio,
this rule has been violated, it impose the appropriate
may impose an appropriate sanction should the
sanction or refer such provisions of Sec. 3 be
violation to the proper office violated or refer such violation
for disciplinary action, on any to the proper office for
attorney, law firm or party that disciplinary action, on any
violated the rule, or is attorney, law firm or party or
responsible for the violation. who is responsible for the
Absent exceptional violation
circumstances,
RULE 7
PROVISION PROVISION
Sec. 3. Signature and ❑
a law firm shall be held jointly Also, a law firm is jointly
address – cont. and severally liable for a and severally liable with a
violation committed by its partner, associate or
partner, associate, or employee that commits the
employee. The sanction may violation.
include, but not limited ❑ to, Sanctions may be (1) non-
non-monetary directives or monetary directives or
sanctions; an order to pay a
sanctions; (2) an order to
penalty in court; or, if imposed
pay a penalty in court; or
on motion and warranted for
effective deterrence, an order
(3) an order directing
directing payment to the payment to the movant of
movant of part or all of the part or all of the
reasonable attorney’s fees reasonable attorneys fees
and other expenses directly and other expenses
resulting from the violation, directly resulting from the
including attorney’s fees for violation, including
the filing of (the) motion for attorney’s fees for filing of
sanction. The lawyer or law the motion for sanction
firm cannot pass on the ❑ The lawyer or law firm
monetary penalty to the client. cannot pass on the
monetary penalty to the
client.
RULE 7
PROVISION PROVISION
Sec. 4. Verification Except when otherwise Except when otherwise ❑ The amendment in Sec. 4,
specifically required by law specifically required by law or rule, among others, deleted the
or rule, pleadings need not pleadings need not be under oath phrase “accompanied by
be under oath, verified or or verified affidavit”.
accompanied by affidavit.
A pleading is verified by an❑ The second paragraph is a
A pleading is verified by an affidavit of an affiant duly new provision on a pleading
affidavit that the affiant has authorized to sign said that “is verified by an affidavit
read the pleading and that verification. The authorization of an affiant duly authorized
the allegations therein are of the affiant to act on behalf of to sign the said verification”,
true and correct of his a party, whether in the form of a which authority is either in the
personal knowledge or secretary’s certificate or a form of a secretary’s
based on authentic records. special power of attorney, certificate or a special power
should be attached to the of attorney (SPA) attached to
A pleading required to be pleading, and shall allege the the pleading.
verified which contains a following attestations: ❑ Likewise, the authorization of
verification based on (a) The allegations in the the affiant should allege
“information and belief” or pleading are true and correct specific attestations, such as:
upon “knowledge, based on his personal (a) the allegations in the
information and belief”, or knowledge, or based on pleading are true and correct
lacks a proper verification, authentic documents; based on his personal
shall be treated as an (b) The pleading is not filed to knowledge, or based on
unsigned pleading. harass, cause unnecessary authentic documents; (b) the
delay, or needlessly increase pleading is not filed to harass,
the cost of litigation; and cause unnecessary delay or
(c) The factual allegations needlessly increase the cost
therein have evidentiary of litigation; and (c) the
support of, if specifically so factual allegations therein
identified, will likewise have have evidentiary support after
evidentiary support after a a reasonable opportunity for
reasonable opportunity for discovery
RULE 7
SECTION ORIGINAL PROVISION AMENDED PROVISION REMARKS
Sec. 4. Verification The signature of the affiant shall ❑ The third paragraph is a
further serve as a certification of the new provision stressing
– cont. truthfulness of the allegations in the that the signature of the
pleading. affiant shall serve as a
“certification of the
A pleading required to be verified that truthfulness of the
contains a verification based on allegations in the
“information and belief” or upon pleadings.”
“knowledge, information and belief”, or
lacks a proper verification, shall be ❑ Only a minor clerical
treated as an unsigned pleading. amendment was done in
the fourth paragraph.
Sec. 5. Certification The plaintiff or principal party shall The plaintiff or principal party shall ❑ The amendment in the
certify under oath in the complaint or certify under oath in the complaint or first paragraph of Sec. 1
against forum other initiatory pleading asserting a other initiatory pleading asserting a emphasizes that the
shopping claim for relief, or in a sworn claim for relief, or in a sworn certification period for the plaintiff or
certification annexed thereto and annexed thereto and simultaneously principal party to report
simultaneously filed therewith: (a) that filed therewith: (a) that he (or she) has that there is a same or
he has not theretofore commenced not theretofore commenced any action similar action or claim
any action or filed any claim involving or filed any claim involving the same that has been filed or is
the same issues in any court, tribunal issues in any court, tribunal or quasi- pending is 5 calendar
or quasi-judicial agency and, to the judicial agency and, to the best of his days (not working days)
best of his knowledge, no such other (or her) knowledge, no such other after learning the same
action or claim is pending therein; (b) action or claim is pending therein; (b) if ❑ Also, the other
if there is such other pending action or there is such other pending action or amendments are
claim, a complete statement of the claim, a complete statement of the supposed to be gender-
present status thereof; and (c) if he present status thereof; and (c) if he (or based.
should thereafter learn that the same she) should thereafter learn that the
or similar action or claim has been same or similar action or claim has been
filed or is pending, he shall report that filed or is pending, he (or she) shall
fact within five (5) days therefrom to report that fact within five (5) calendar
the court wherein his aforesaid days therefrom to the court wherein his
complaint or initiatory pleading has (or her) aforesaid complaint or initiatory
been filed. pleading has been filed.
RULE 7
Sec. 5. CertificationFailure to comply with the forgoing The authorization of the affiant ❑to The second paragraph is
against forum shopping –requirements shall not be curable act on behalf of a party, whether a new provision which
by mere amendment of thein the form of a secretary’s requires that the
cont.
complaint or other initiatorycertificate or a special power of authorization of an affiant
pleading but shall cause for theattorney, should be attached to to act on behalf of a party
dismissal of the case without the pleading. (regarding the certification
prejudice, unless otherwise against forum shopping)
provided, upon motion and after Failure to comply with the forgoing must be either in a
hearing. The submission of a falserequirements shall not be curable by secretary’s certificate or a
certification or non-compliancemere amendment of the complaint SPA attached to the
with any of the undertakingsor other initiatory pleading but shall pleading.
therein shall constitute indirect cause for the dismissal of the case ❑ No amendment in the
contempt of court, withoutwithout prejudice, unless otherwise third paragraph, although
prejudice to the corresponding provided, upon motion and after it should be gender-based.
administrative and criminal actions.hearing. The submission of a false
If the acts of the party or hiscertification or non-compliance with
counsel clearly constitute willfulany of the undertakings therein shall
and deliberate forum shopping, theconstitute indirect contempt of court,
same shall be ground for summarywithout prejudice to the
dismissal with prejudice and shallcorresponding administrative and
constitute direct contempt, as wellcriminal actions. If the acts of the
as a cause for administrative party or his (or her) counsel clearly
sanctions. constitute willful and deliberate
forum shopping, the same shall be
ground for summary dismissal with
prejudice and shall constitute direct
contempt, as well as a cause for
administrative sanctions.
RULE 7
PROVISION PROVISION
Sec. 6. Contents NO ORIGINAL PROVISION Every pleading stating ❑a This is a new section which
party’s claims or defenses requires that, aside from
shall in addition to those stating the party’s claims or
mandated by Section 2, Rule defenses, every pleading
7, state the following: must state the following items:
(a) Names of witnesses who (a) the names of witnesses
will be presented to prove a who will be presented; (b)
party’s claim or defense; summary of the witnesses’
(b) Summary of the witnesses’ intended testimonies, with
intended testimonies, their judicial affidavits
provided that the judicial attached to the pleading; and
affidavits of said witnesses (c) documentary and object
shall be attached to the evidence in support of the
pleading and form an integral allegations contained in the
part thereof. Only witnesses pleadings.
whose judicial affidavits are ❑ In item (b), no other witness
attached to the pleading shall or affidavit shall be heard or
be presented admitted, except for
by the parties during trial. meritorious reasons to serve
Except if a party presents as basis for the admission of
meritorious reasons as basis additional witnesses
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.
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
PROVISION PROVISION
Sec. 1. In general Every pleading shall contain in a Every pleading shall contain in a ❑ The amendment in the first
methodical and logical form, a methodical and logical form, a paragraph of Sec. 1 requires
plain, concise and direct plain, concise and direct that every pleading shall
statement of the ultimate facts statement of the ultimate facts, contain, not only stating the
on which the party pleading including the evidence on ultimate facts, but also the
relies for his claim or defense, which the party pleading relies evidence relied upon by the
as the case may be, omitting the for his claim or defense, as the party for his/her claim or
statement of mere evidentiary case may be, omitting the defense
facts. statement of mere evidentiary
facts.
If a defense relied on is based ❑ The amendments herein
on law, the pertinent provisions If a cause of action or defense added “a cause of action”
thereof and their applicability to relied on is based on law, the which may be based on law
him shall be clearly and pertinent provision thereof and and clearly and concisely
concisely stated. their applicability to him or her stated, aside from being
shall be clearly and concisely gender-based.
stated.
Sec. 6. Judgment In pleading a judgment or In pleading a judgment or ❑ The amendment in the

decision of a domestic or foreign decision of a domestic or foreign second sentence of Sec. 6
court, judicial or quasi-judicial court, judicial or quasi-judicial requires an “authenticated
tribunal, or of a board or officer, tribunal, or of a board or officer, copy” of the judgment or
it is sufficient to aver the it is sufficient to aver the decision of a domestic or
judgment or decision without judgment or decision without foreign court, judicial or quasi-
setting forth matter showing setting forth matter showing judicial tribunal, or of a board
jurisdiction to render it. jurisdiction to render it. An or officer, subject of a
authenticated copy of the pleading.
judgment or decision shall be
attached to the pleading.
NOTE: No amendment in Sec. 2 (Alternative causes of action or defenses), Sec. 3 (Conditions precedent), Sec. 4
(Capacity), Sec. 5 (Fraud, mistake, condition of the mind), Sec. 8 (How to contest such documents), Sec. 9 (Official
document or act), and Sec. 10 (Specific denial)
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS – cont.
Sec. 7. Action or Whenever an action or defense is Whenever an action or defense is based ❑ The amendment in Sec. 7
defense based on based upon a written instrument or upon a written instrument or document, deleted the last sentence
document, the substance of such the substance of such instrument or thereof that recognized that the
document instrument or document shall be set document shall be set forth in the “copy (of the written instrument
forth in the pleading, and the original pleading, and the original or a copy or document relied on for an
or a copy thereof shall be attached to thereof shall be attached to the pleading action or defense) may with
the pleading as an exhibit, which shall as an exhibit, which shall be deemed to like effect set forth in the
be deemed to be a part of the be a part of the pleading. pleading”
pleading, or said copy may with like
effect set forth in the pleading.
Sec. 11. Allegations Material averment in the complaint, Material averments in a pleading❑ The amendment in Sec. 11
not specifically other than those as to the amount of asserting a claim or claims, other than involves changing the
unliquidated damages, shall be those as to the amount of unliquidated reference to a “complaint” into
denied deemed deemed admitted when not damages, shall be deemed admitted a “pleading asserting a claim or
admitted specifically denied. Allegations of when not specifically denied. Allegations claims”
usury in a complaint to recover of usury in a complaint to recover
usurious interest are deemed usurious interest are deemed admitted if
admitted if not denied under oath. not denied under oath.
Sec. 12. NO ORIGINAL PROVISION (a) A defendant shall raise his (or her) ❑ This is a new section.
Affirmative affirmative defenses in his (or her) ❑ The amendment lists
answer, which shall be limited to the affirmative defenses that can
defenses reasons set forth under Section 5(b), be raised in an answer, such
Rule 6, and the following grounds: as: (1) the court has no
1. That the court has no jurisdiction jurisdiction over the person of
over the person of the defending the defending party; (2) the
party; venue is improperly laid; (3)
2. That the venue is improperly laid; the plaintiff has no legal
3. That the plaintiff has no legal capacity to sue; (4) the
capacity to sue; pleading asserting the claim
4. That the pleading asserting the states no cause of action; and
claim states no cause of action; and (5) a condition precedent for
5. That a condition precedent for filing filing the claim has not been
the claim has not been complied with. complied with\
❑ The above affirmative
defenses are in addition to
RULE 8
PROVISION PROVISION
Sec. 12. Affirmative (b) Failure to raise the ❑ The affirmative defenses should be
affirmative defenses at the raised at the earliest opportunity, and
defenses – cont. earliest opportunity shall failure to do so shall constitute a
constitute a waiver thereof. waiver thereof.
(c) The court shall motu proprio ❑ The court, motu proprio, should
resolve the above affirmative resolve the affirmative defenses
defenses within thirty (30) within 30 calendar days from the
calendar days from the filing of filing of the answer, if said defenses
the answer. are based on the 5 grounds in Sec.
12(a), Rule 8.
(d) As to the other affirmative ❑ If the affirmative defenses are based
defenses under the first on Sec. 5(b), Rule 6, (such as fraud,
paragraph of Section 5(b), Rule statute of limitations, release,
6, the court may conduct a payment, illegality, statute of frauds,
summary hearing within fifteen estoppel, former recovery, discharge
(15) calendar days from the in bankruptcy and another other by
filing of the answer. Such way of confession and avoidance),
affirmative defenses shall be the court may conduct a summary
resolved by the court within hearing within 15 calendars from the
thirty (30) calendar days from filing of the answer and the same
the termination of the summary shall be resolved within 30 calendar
hearing. days from the termination of the
summary hearing.
(e) Affirmative defenses, if ❑ Affirmative defenses, if denied,
denied, shall not be subject of a cannot be the subject of a motion for
motion for reconsideration or reconsideration or a petition for
petition for certiorari, certiorari, prohibition, mandamus,
prohibition or mandamus, but but may be raised on appeal after
may be among the matters to be judgment on the merits.
raised on appeal after a
judgment on the merits.
RULE 8
PROVISION PROVISION
Sec. 13. Striking out ofUpon motion made by a partyUpon motion made by a party ❑ The amendments in Sec. 13
pleading or matterbefore responding to a pleadingbefore responding to a pleading or, (which was re-numbered)
or, if no responsive pleading isif no responsive pleading is emphasizes that the period
contained therein
permitted by these Rules, uponpermitted by these Rules, upon for a party to, for one, move
motion made by a party withinmotion made by a party within to have a pleading or any
twenty (20) days after thetwenty (20) calendar days after sham or false, redundant,
service of the pleading upon him,the service of the pleading upon immaterial, impertinent or
or upon the court’s own initiative him or her, or upon the court’s scandalous matter be
at any time, the court may orderown initiative at any time, the stricken out should be 20
any pleading to be stricken outcourt may order any pleading to calendar days after service
or that any sham or false,be stricken out or that any sham of a pleading upon said
redundant, immaterial,or false, redundant, immaterial, party.
impertinent, or ❑
scandalousimpertinent, or scandalous matter Also, the amendment is only
matter be stricken out therefrom. be stricken out therefrom. gender-based..
RULE 9
EFFECT OF FAILURE TO PLEAD
PROVISION PROVISION
Sec. 3. Default; (e) Where no defaults (e) Where no defaults❑ No amendment in the first
Declaration of allowed. – If the defending allowed. – If the defending paragraph of Sec. 3, as
party in action for annulment party in action for annulment well as in the following
or declaration of nullity of or declaration of nullity of items: (a) Effect of order of
marriage or for legal marriage or for legal default; (b) Relief from
separation fails to answer, separation fails to answer, order of default; (c) Effect
the court shall order the the court shall order the of partial default; and, (d)
prosecuting attorney to Solicitor General or his or Extent of relief to be
investigate whether or not a her deputized public awarded.
collusion between the parties prosecutor to investigate❑ The amendment in item
exists, and if there is no whether or not a collusion (e) of Sec. 3 identifies
collusion between the parties between the parties exists, requires the Solicitor
exists, and if there is no and if there is no collusion General or his or her
collusion, to intervene for the between the parties exists, deputized public
State in order to see to it that and if there is no collusion, to prosecutor (not just the
the evidence submitted is not intervene for the State in prosecuting attorney) to
fabricated. order to see to it that the investigate whether or not
evidence submitted is not a collusion between the
fabricated. parties if the defending
party in action for
annulment or declaration
of nullity of marriage or for
legal separation fails to
answer.
NOTE: No amendment in Sec. 1 (Defenses and objections not pleaded) and Sec. 2 (Compulsory counterclaim, or
cross-claim, not set up barred)
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
PROVISION PROVISION
Sec. 2. Amendments as A party may amend his pleading A party may amend his pleading ❑ The amendment in Sec. 2
once as a matter of right at any once as a matter of right at any emphasizes that the period to
a matter of right time before a responsive time before a responsive amend a pleading, aside from
pleading is served or, in the case pleading is served or, in the case any time before a responsive
of a reply, at any time within ten of a reply, at any time within ten pleading is filed, is 10
(10) days after it is served. (10) calendar days after it is calendar days after a reply is
served. served.
Sec. 3. Amendments by Except as provided in the next Except as provided in the next ❑ The amendment in Sec. 3
preceding section, substantial preceding section, substantial added 2 more reasons when
leave of court amendments may be made only amendments may be made only the court may refuse
upon leave of court. But such upon leave of court. But such amendments by leave of
leave may be refused if it leave shall be refused if it court, such as when the
appears to the court that the appears to the court that the amendment is intended to
motion was made with intent to motion was made with intent to confer jurisdiction to the court
delay. Orders of the court upon delay or confer jurisdiction on or the pleading states no
the matters provided in this the court, or the pleading cause of action from the
section shall be made upon stated no cause of action from beginning which could be
motion filed in court, and after the beginning which could be amended.
notice to the adverse party, and amended. Orders of the court
an opportunity to be heard. upon the matters provided in this
section shall be made upon
motion filed in court, and after
notice to the adverse party, and
an opportunity to be heard.
NOTE: No amendment in Sec. 1 (Amendments in general), Sec. 4. (Formal amendments) and Sec. 7 (Filing of
amended pleadings)
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS – cont.
PROVISION PROVISION
Sec. 5. No amendmentWhen issues not raised by theWhen issues not raised by the ❑ The amendment in Sec. 5
necessary to conform to orpleadings are tried with thepleadings are tried with the includes deleting all the
express or implied consent ofexpress or implied consent of the sentences after the first
authorize presentation of
the parties, they shall be treatedparties, they shall be treated in all sentence. Instead, a new
evidence in all respects as if they hadrespects as if they had been sentence is included which
been raised in the pleadings.raised in the pleadings. No provides that no amendment
Such amendment of theamendment of such pleadings of a pleading deemed
pleadings as may be necessarydeemed amended is necessary amended (when issues not
to cause them to conform to theto cause them to conform to raised are tried with the
evidence and to raise thesethe evidence. consent of the parties) is
issues may be made upon necessary to make it
motion of any party at any time, conform to the evidence.
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.
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS – cont.
PROVISION PROVISION
Sec. 6. ❑
SupplementalUpon motion of a party the courtUpon motion of a party the court The amendments in Sec. 6
pleadings may, upon reasonable noticemay, upon reasonable notice and is gender-based and
and upon such terms as are just,upon such terms as are just, emphasizes that the period
permit him to serve apermit him or her to serve a for an adverse party to
supplemental pleading settingsupplemental pleading setting submit a pleading to a
forth transactions, occurrencesforth transactions, occurrences or supplemental pleading is
or events which have happenedevents which have happened within 10 calendar days
since the date of the pleadingsince the date of the pleading from notice of the order
sought to be supplemented. Thesought to be supplemented. The admitting the supplemental
adverse party may plead theretoadverse party may plead thereto pleading.
within ten (10) days from noticewithin ten (10) calendar days
of the order admitting thefrom notice of the order admitting
supplemental pleading. the supplemental pleading.
Sec. 8. Effect of amendedAn amended ❑

pleadingAn amended pleading supersedes The amendment in Sec. 8 is
pleadings supersedes the pleading that itthe pleading that it amends. only replacing the word
amends. However, admissionsHowever, admissions in “received” to “offered”, so
in superseded pleadings may besuperseded pleadings may be that admissions in
received in evidence against theoffered in evidence against the superseded or amended
pleader, and claims or defensespleader, and claims or defenses pleadings may be offered in
alleged therein not incorporatedalleged therein not incorporated in evidence against the pleader
in the amended pleading shallthe amended pleading shall be
be deemed waived. deemed waived.
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
PROVISION PROVISION
Sec. 1. Answer to the The defendant shall file his answer The defendant shall file his answer ❑ The amendment in Sec. 1
to the complaint within fifteen (15) to the complaint within thirty (30) requires that the period to
complaint days after service of summons, calendar days after service of answer is now 30 calendar days
unless a different period is fixed by summons, unless a different period (no longer 15 days) after service
the court. is fixed by the court. of summons.
Sec. 2. Answer of a Where the defendant is a foreign Where the defendant is a foreign ❑ The amendment in Sec. 2
private juridical entity and service of private juridical entity and service of requires that the period to
defendant foreign summons is made on the summons is made on the answer for a foreign private
private juridical entity government official designated by government official designated by juridical entity is now 60 calendar
law to receive the same, the law to receive the same, the days (no longer 30 days) after
answer shall be filed within thirty answer shall be filed within sixty receipt of summons.
(30) days after receipt of summons (60) calendar days after receipt of
by such entity. summons by such entity.
Sec. 3. Answer to Where the plaintiff files an Where the plaintiff files an ❑ The amendment in Sec. 3, for
amended complaint as a matter of amended complaint as a matter of one, requires that the period to
amended complaint right, the defendant shall answer right, the defendant shall answer answer an amended complaint
the same within fifteen (15) days the same within thirty (30) (filed as a matter of right) is now
after being served with a copy calendar days after being served 30 calendar days (not 15 days)
thereof. with a copy thereof. after the defendant is served a
copy of the amended complaint.
Where its filing is not a matter of Where its filing is not a matter of ❑ Also, when the filing of an
right, the defendant shall answer right, the defendant shall answer amended complaint is not a
the amended complaint within ten the amended complaint within matter of right, the answer
(10) days from notice of the order fifteen (15) calendar days from thereto is within 15 calendar days
admitting the same. An answer notice of the order admitting the (not 10 days) after notice of the
earlier filed may serve as the same. An answer earlier filed may order admitting the amended
answer to the amended complaint if serve as the answer to the complaint.
no new answer is filed. amended complaint if no new ❑ No amendment in the last
answer is filed. paragraph of Sec. 3
NOTE: No amendment in Sec. 5 (Answer to third [fourth, etc.]-party complaint), Sec. 8 (Existing counterclaim or cross-
claim), Sec. 9 (Counterclaim or cross-claim arising after answer), and Sec. 10 (Omitted counterclaim or cross-claim)
RULE 11
WHEN TO FILE RESPNSIVE PLEADINGS– cont.
PROVISION
Sec. 4. Answer to A counterclaim or cross-claim A counterclaim or cross-claim must be ❑ The amendment in Sec. 4
counterclaim or must be answered within ten (10) answered within twenty (20) calendar requires that the period to
days from service. days from service. answer a counterclaim or cross-
cross claim claim is 20 calendar days.
Sec. 6. Reply A reply may be filed within ten A reply, if allowed under Section 10, ❑ The amendment in Sec. 6
(10) days from service of the Rule 6 hereof, may be filed within fifteen requires that the period to file a
pleading responded to. (15) calendar days from service of the reply (if allowed under Sec. 10,
pleading responded to. Rule 6) is now 15 calendar days
(not 10 days) from service of the
pleading to be responded to
Sec. 7. Answer to A supplemental complaint may be A supplemental complaint may be ❑ The amendment in Sec. 7
supplemental answered within ten (10) days answered within twenty (20) calendar requires that the period to file an
from notice of the order admitting days from notice of the order admitting the answer to a supplemental
complaint the same, unless a different period same, unless a different period is fixed by complaint is now 20 calendar
is fixed by the court. The answer the court. The answer to the complaint days (no longer 10 days) from
to the complaint shall serve as the shall serve as the answer to the notice of the order admitting
answer to the supplemental supplemental complaint if not new or said complaint
complaint if not new or supplemental answer is filed.
supplemental answer is filed.
Sec. 11. Extension Upon motion and on such terms A defendant may, for meritorious ❑ The amendment in Sec. 11
of time to file an as may be just, the court may reasons, be granted an additional provides that, for meritorious
extend the time to plead provided period of not more than thirty (30) reasons, a defendant may have
answer in these Rules. calendar days to file an answer. A an additional period of not more
defendant is only allowed to file one (1) than 30 calendar days to file an
The court may also, upon like motion for extension of time to file an answer. Also, only one motion
terms, allow an answer or other answer. for extension of time is allowed.
pleading to be filed after the time ❑ A motion for extension to file
fixed by these Rules. A motion for extension to file any any other pleading, other than
pleading, other than an answer, is an answer, is a prohibited and a
prohibited and considered a mere scrap mere scrap of paper. Any other
of paper. The court, however, may allow pleading may be allowed to be
any other pleading to be filed after the time filed by the court after the time
fixed by these Rules. fixed by the Rules.
RULE 12
BILL OF PARTICULARS
Sec. 1. When Before responding to a pleading, a Before responding to a pleading, a party ❑ The amendments in Sec. 1
party may move for a definite may move for a definite statement or for a are gender-based and
applied for, purpose statement or for a bill of particulars of bill of particulars of any matter, which is requires that, aside from
any matter, which is not averred with not averred with sufficient definiteness or before responding to a
sufficient definiteness or particularity, to particularity, to enable him or her pleading, the period to file a
enable him properly to prepare his properly to prepare his or her responsive motion for bill of particulars
responsive pleading. If the pleading is pleading. If the pleading is a reply, the is 10 calendar days from the
a reply, the motion must be filed within motion must be filed within ten (10) service of a reply.
ten (10) days from service thereof. calendar days from service thereof. Such
Such motion shall point out the defects motion shall point out the defects
complained of, the paragraphs wherein complained of, the paragraphs wherein
they are contained, and the details they are contained, and the details
desired. desired.
Sec. 3. If the motion is granted, either in whole If the motion is granted, either in whole or ❑ The amendment in Sec. 3
or in part, the compliance therewith in part, the compliance therewith must be requires that, once the
Compliance with must be effected within ten (10) days effected within ten (10) calendar days motion for bill of particulars
order from notice of the order, unless a from notice of the order, unless a different is granted, the compliance
different period is fixed by the court. period is fixed by the court. The bill of therewith must be within 10
The bill of particulars or a more definite particulars or a more definite statement calendar days from notice of
statement ordered by the court may be ordered by the court may be filed either in the order.
filed either in a separate or in an a separate or in an amended pleading,
amended pleading, serving a copy serving a copy thereof on the adverse
thereof on the adverse party. party.
Sec. 5. Stay of After service of the bill of particulars or After service of the bill of particulars or of ❑ The amendment in Sec. 5
of a more definite pleading, or after a more definite pleading, or after notice of requires that after a bill of
period to file notice of denial of his motion, the denial of his motion, the moving party particulars or a more definite
responsive pleading moving party may file his responsive may file his responsive pleading within pleading is filed, or after
pleading within the period to which he the period to which he was entitled at the notice of denial of the motion
was entitled at the time of filing his time of filing his motion, which shall not for such, the moving party
motion, which shall not be less than be less than five (5) calendar days in any file his responsive pleading
five (5) days in any event. event. within the period to which he
is entitled to, but not less
than 5 calendar days in any
event
NOTE: No amendment in Sec. 2 (Action by the court.), Sec. 4 (Effect of non-compliance) and Sec. 6 (Bill a part of pleading)
RULE 13
FILING AND SERVICE OF PLEADINGS,
JUDGMENTS
AND OTHER PAPERS
PROVISION
Sec. 1. Coverage This Rule shall govern the filing This Rule shall govern the filing of all ❑ The amendment in Sec. 1
of all pleadings and other pleadings, motions and other court provided that Rule 13 shall
papers, as well as the service submissions and other papers, as govern the filing, not only of
thereof, except those for which well as the service thereof, except pleadings, but also of “motions
a different mode of service is those for which a different mode of and other court submissions”
prescribed. service is prescribed.
Sec. 2. Filing and Filing is the act of presenting Filing is the act of submitting the ❑ The amendment in Sec. 2
the pleading or other paper to pleading or other paper to the court. involves, for one, a change in
service, defined the clerk of court. Service is the act of providing a party the definition of what “filing”
with a copy of the pleading or any means, which is to submit a
Service is the act of providing a other court submission. If a party pleading or paper to the court
party with a copy of the has appeared by counsel, service (no longer to the clerk of court).
pleading or paper concerned. If upon such party shall be made upon Also, service of a pleading or
any party has appeared by his or her counsel or one of them, any other court submission may
counsel, service upon him shall unless service upon the party and the be ordered to a party or his/her
be made upon his counsel or party’s counsel is ordered by the counsel
one of them, unless service court. Where one counsel appears for ❑ A counsel representing several
upon the party himself is several parties, such counsel shall parties is entitled to only one
ordered by the court. Where only be entitled to one copy of any copy of any paper served by the
one counsel appears for several paper served upon him by the opposite side
parties, he shall only be entitled opposite side. ❑ As a new provision, the
to one copy of any paper designated lead counsel for
served upon him by the Where several counsels appear for several counsels appearing for
opposite side. one party, such party shall be one party is entitled to a copy of
entitled to only one copy of any any pleading or paper from the
pleading or paper to be served opposite side. If there is no
upon the lead counsel if one is designated lead counsel,
designated, or upon any one of service of one copy to any
them if there is no designation of a counsel will suffice.
lead counsel.
NOTE1: No amendment in Sec. 4 (Papers required to be filed and served) and Sec. 8 (Substituted service)
NOTE2: No amendment in Sec. 19 (Notice of lis pendens) except the re-numbering thereof (used to be Sec. 14)
RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS– cont.
PROVISION PROVISION
Sec. 3. Manner of filing The filing of pleadings, appearances,The filing of pleadings and other ❑ The amendment in Sec. 3
motions, notices, orders, judgmentssubmissions shall be made by: involves lumping all
and all other papers shall be made(a) Submitting personally the “appearances, motions, notices,
by presenting the original copiesoriginal thereof, plainly indicated orders, judgments and all other
thereof, plainly indicated as such,as such, to the court; papers” as “other submissions”.
personally to the clerk of court or by(b) Sending them by registered mail;❑ In item (a), the submissions are
sending them by registered mail. In(c) Sending them by accredited no longer specifically submitted
the first case, the clerk of court shallcourier; or to the clerk of court, but to the
endorse on the pleading the date(d) Transmitting them by electronic court itself
and hour of filing. In the secondmail or other electronic means ❑ as In items (c) and (d), sending
case, the date of the mailing ofmay be authorized by the Court in the submissions by accredited
motions, pleadings, or any otherplaces where the court is courier or transmitting them via
papers or payments or deposits, aselectronically equipped email or electronic means are
shown by the post office stamp on new modes of filing pleadings,
the envelope or the registry receipt,In the first case, the clerk of court aside from via registered mail
shall be considered as the date ofshall endorse on the pleading the ❑ There is no amendment on the
their filing, payment or deposit indate and hour of filing. In the second work of the clerk of court
court. The envelope shall beand third cases, the date of the regarding the first kind of filing
attached to the record of the case. mailing of motions, pleadings, or any (submitted to the court).
❑
other papers or payments or deposits, The second and third kinds of
as shown by the post office stamp on filing (registered mail or
the envelope or the registry receipt, courier) are recorded based on
shall be considered as the date of the date of mailing.
their filing, payment or deposit ❑in The fourth kind of filing (via
court. The envelope shall be attached email) is a new provision and
to the record of the case. In the the date of transmission is the
fourth case, the date of electronic date of filing.
transmission shall be considered
as the date of filing.
RULE 13
PROVISION PROVISION
Sec. 5. Modes of service ❑
Service of pleadings, motions,Pleadings, motions, notices, orders, The amendment in Sec. 5
notices, orders, judgments andjudgments, and other court provides that the service of
other papers shall be madesubmissions shall be served pleadings, motions, notices,
personally or by registered mail, order, judgments and other
either personally or by mail.
accredited courier, electronic mail(, court submissions may be
) facsimile transmission, other done, not only personally, but
electronic means as may be also either by registered mail,
authorized by the Court, or as accredited courier, email,
provided for in international facsimile transmission, or other
conventions to which the electronic means (authorized
Philippines is a party. by the court or provided for in
international conventions)
Sec. 6. Personal service Service of the papers may beCourt submissions may be served ❑ The amendment in Sec. 6
made by delivering personally aby personal delivery of a copy to provides that, aside from
copy to the party or his counsel,the party or to the party’s counsel, personal delivery of court
or by leaving by leaving it in hisor to their authorized submissions to the party or to
representative named in the the party’s counsel, this may
office with his clerk or with aappropriate pleading or motion, or also be done to the authorized
person having charge thereof. Ifby leaving by leaving it in his or her representative of a party
no person is found in his office,office with his or her clerk or with a named in the appropriate
or his office is not known, or heperson having charge thereof. If no pleading or motion, Also, the
has no office, then by leavingperson is found in his or her office, or some of amendments are just
the copy, between the hours ofhis or her office is not known, or he gender-based.
eight in the morning and six inor she has no office, then by leaving
the evening, at the party’s orthe copy, between the hours of eight
in the morning and six in the evening,
counsel’s residence, if known,at the party’s or counsel’s residence,
with a person of sufficient ageif known, with a person of sufficient
and discretion then residingage and discretion then residing
therein. therein.
RULE 13
PROVISION
Sec. 7. Service by mail Service by registered mail shallService by registered mail shall ❑ be The amendments in Sec. 7
be made by depositing the copy made by depositing the copy in the are mostly about specific
in the post office, in a sealed post office, in a sealed envelope, reference to the party’s
envelope, plainly addressed to plainly addressed to the party or to counsel, gender-based and
the party or his counsel at histhe party’s counsel at his or her to emphasize that the period
office, if known, otherwise at hisoffice, if known, otherwise at his or provided in the instruction to
residence, if known, with postageher residence, if known, with the postmaster to return the
fully pre-paid, and withpostage fully pre-paid, and with mail to the sender is 10
instructions to the postmaster toinstructions to the postmaster to calendar days.
return the mail to the sender afterreturn the mail to the sender after
ten (10) days if undelivered. If noten (10) calendar days if
registry service is available in theundelivered. If no registry service is
locality of either the sender or theavailable in the locality of either the
addressee, service may be donesender or the addressee, service
by ordinary mail. may be done by ordinary mail.
Sec. 9. Service by NO ORIGINAL PROVISION ❑

Service by electronic means and This is a new provision. It
electronic means and facsimile shall be made if the provides for service by
party concerned consents to electronic means or
facsimile
such modes of service. facsimile if the parties
consent thereto.
Service by electronic means ❑ Service by electronic means
shall be made by sending an e- is made by sending an email
mail to the party’s or counsel’s to the party’s or counsel’s
electronic mail address, or email address, or through
through other electronic means other electronic means of
of transmission as the parties transmission agreed upon
may agree on, or upon direction by the parties or upon
of the court. direction of the court.
RULE 13
PROVISION PROVISION
Sec. 9. Service by Service by facsimile shall be ❑ This is new provision allows
made by sending a facsimile service by facsimile by sending a
electronic means and copy to the party’s or counsel’s facsimile copy to the facsimile
facsimile – cont. given facsimile number. number of the party or counsel
Sec. 10. Presumptive NO ORIGINAL PROVISION There shall be presumptive ❑ This is a new section that
notice to a party of a court provides that there is
service setting if such notice appears on “presumptive notice” to a party of
the records to have been mailed a court setting if the notice
at least twenty (20) calendar appears on record to have been
days prior to the scheduled date mailed at least 20 calendar days
of hearing and if the addressee prior to the scheduled hearing (if
is from within the judicial region, addressee is from within the
or at least thirty (30) calendar judicial region) or at least 30
days if the addressee is from calendar days (if addressee is
outside the judicial region. from outside the judicial region)
prior to the scheduled date of
hearing
Sec. 11. Change of NO ORIGINAL PROVISION A party who changes his or her ❑ This is a new section. It requires a
electronic mail address or party to notify a change in his or
electronic mail facsimile number while the her email address or facsimile
address or facsimile action is pending must promptly number within 5 calendar days
number file, within five (5) calendar days from such change and serve the
from such change, a notice of notice on all other parties.
change of e-mail address or
facsimile number with the court
and serve the notice on all other
parties.
❑ Service through email address or
Service through the electronic facsimile number on record is
mail address or facsimile valid, unless there is a change
number of a party shall be therein.
presumed valid unless such
party notifies the court of any
change, as aforementioned.
RULE 13
PROVISION PROVISION
Sec. 12. Electronic mail NO ORIGINAL PROVISION The subject of the electronic mail ❑ This is a new provision. It
and facsimile must follow the requires that the subject of the
and facsimile subject and prescribed format: case number, email or facsimile must be in a
title of pleadings and case title and the pleading, order prescribed format.
other documents ❑
or document title. The title of each Also, an electronically-filed or
electronically-filed or served served pleading/document or
pleading or other document, and each submission served by
each submission served by facsimile should contain sufficient
facsimile shall contain sufficient information for the court to
information to enable the court to ascertain: (a) the party or parties
ascertain from the title: (a) the filing or serving the paper, (b) the
party or parties filing or serving nature thereof, (c) the party or
the paper, (b) nature of the paper, parties against whom the relief is
(c) the party or parties against sought and (d) the nature of the
whom relief, if any, is sought, and relief sought
(d) the nature of the relief sought.
Sec. 13. Service ofJudgments, final orders orJudgments, final orders ❑or This used to be Sec. 9.
resolutions shall be served ❑
resolutions shall be served either The amendment in Sec. 13
judgments, final orders or personally or by registered mail. provides that, aside from
either personally or by
resolutions Upon ex-parte motion of any party personal service or by registered
registered mail. When a party
in the case, a copy of the mail, judgments, final orders or
summoned by publication hasjudgment, final order, or resolutions may be delivered,
failed to appear in the action,resolution may be delivered by upon ex-parte motion of any party,
judgments, final orders oraccredited courier at the expense by accredited courier at the
resolutions against him shall beof such party. When a party expenses of such party. Also, the
served upon him also bysummoned by publication has failed other amendments are just
publication at the expense ofto appear in the action, judgments, gender-based.
the prevailing party. final orders or resolutions against
him or her shall be served upon him
or her also by publication at the
expense of the prevailing party.
RULE 13
Sec. 14. NO ORIGINAL PROVISION Notwithstanding the foregoing, the ❑ This is a new section. It provides
following orders, pleadings and other that personal or registered mail is
Conventional documents must be served or filed allowed on certain pleadings or
service or filing of personally or by registered mail when documents, such as (a) initiatory
orders, pleadings allowed, and shall not be served or and initial responsive pleadings, (b)
filed electronically, unless express subpoenas protection orders and
and other permission is granted by the Court. writs, (c) appendices and exhibits to
documents (a) Initiatory pleadings and initial motions, or other documents that
responsive pleadings, such as an cannot be electronically scanned,
answer; and (d) sealed and confidential
(b) Subpoenas(,) protection orders documents or records, unless
and writs; express permission is granted by
(c) Appendices and exhibits to the court that these be served or
motions, or other documents that are filed electronically
not readily amenable to electronic
scanning may, at the option of the
party filing such, be filed and served
conventionally; and
(d) Sealed and confidential documents
or records.
Sec. ❑
15.Personal service is complete uponPersonal service is complete upon actual This used to be Sec. 10.
actual delivery. Service by ordinarydelivery. Service by ordinary mail ❑is The amendments, aside from just
Completeness ofmail is complete upon thecomplete upon the expiration of ten (10) being gender-based, include
service expiration of ten (10) days after calendar days after mailing, unless the emphasizing that service by
mailing, unless the court otherwisecourt otherwise provides. Service by ordinary mail is complete upon the
provides. Service by registered mailregistered mail is complete upon actual expiration of 10 calendar days after
is complete upon actual receipt byreceipt by the addressee, or after five (5) mailing
the addressee, or after five (5) dayscalendar days from the date he or she ❑ Also, service by registered mail is
from the date he received the firstreceived the first notice of the postmaster, complete upon actual receipt by the
notice of the postmaster, whicheverwhichever date is earlier. Service by addressee, or after 5 calendar days
date is earlier. accredited courier is complete upon from the date he/she received the
actual receipt by the addressee, or postmaster’s first notice
after at least
RULE 13
PROVISION PROVISION
Sec. 15. Completenessaddressee, or after five (5)two (2) attempts to deliver ❑
by The last sentence in Sec. 15 is a new
days from the date he receivedthe courier service, or upon provision. It provides that service by
of service – cont. the first notice of thethe expiration of five (5) accredited courier is complete upon actual
postmaster, whichever date iscalendar days after the first receipt by the addressee, or after at least 2
earlier. attempt to deliver, whichever attempts to deliver by courier service, or
is earlier. after 5 calendar days after the first attempt
to deliver, whichever is earlier
NO ORIGINAL PROVISION Electronic service is complete
at the time of the electronic ❑ The second paragraph of Sec. 15 is a new
transmission of the document, provision. It provides that electronic
or when available, at the time service is complete at the time of the
that the electronic notification electronic transmission of the document or,
of service of the document when available, that the electronic
sent. Electronic service is not notification of service of the document sent.
effective or complete if the In addition, there is no effective or complete
party serving the document electronic service if the party serving the
learns that it did not reach the document learns that the transmission did
addressee or person to be not reach the addressee.
served.
❑ The third paragraph of Sec. 15 is also a
Service by facsimile new provision. It provides that service by
transmission is complete upon facsimile transmission is complete upon
receipt by the other party, as receipt by the other party, as indicated in
indicated in the facsimile the facsimile transmission printout.
transmission printout.
Sec. 16. Proof of filing The filing of a pleading orThe filing of a pleading or any ❑ This used to be Sec. 12.
paper shall be proved by its other court submission ❑
shall The amendment includes, among others,
existence in the record of be proved by its existence in the replacing “paper” with “any other court
the case. If it is not in therecord of the case. submission” the filing of which shall be
proved by its existence in the record of the
record, but is claimed case
NOTE: The old Sec. 11 (Priorities in modes of service and filing) was DELETED.
RULE 13
PROVISION PROVISION
Sec. 16. Proof of filing –to have been filed personally,(a) If the pleading or any other ❑ Item (a) pertains to pleading or
the filing shall be proved by the court submission is not in the any other court submission, if not
cont. record, but is claimed to have been in the record, the filing of which
written or stamped
acknowledgment of its filing byfiled personally, the filing shall be may be proved by the written or
proved by the written or stamped stamped acknowledged of its
the clerk of court on a copy ofacknowledgment of its filing by the filing by the clerk of court on a
the same; if filed by registeredclerk of court on a copy of the copy of the pleading submitted
mail, by the registry receipt andpleading or submission(.)
by the affidavit of the person(b) If the pleading or any other ❑ Item (b) refers to a pleading or
who did the mailing, containing court submission was filed by any other court submission filed
a full statement of the date and registered mail, the filing shall be by registered mail, the filing of
place of depositing the mail inproven by the registry receipt and which is proven by the registry
the post office in a sealed by the affidavit of the person who receipt and affidavit of the person
mailed it, containing a full statement who mailed it (containing full
envelope addressed to theof the date and place of depositing statement of date and place of
court, with postage fullythe mail in the post office in a sealed depositing the mail, with postage
prepaid, and with instructionsenvelope addressed to the court, fully prepaid, and with instructions
to the postmaster to return thewith postage fully prepaid, and with to the postmaster to return the
mail to the sender after ten (10)instructions to the postmaster to mail to the sender after 10
days if not delivered. return the mail to the sender after calendar days if not delivered
ten (10) calendar days if not
delivered.
(c) If the pleading or any other ❑ Item (c) pertains to a pleading or
court submission was filed any other court submission filed
through an accredited courier through an accredited courier, the
service, the filing shall be proven filing of which is proven by an
by an affidavit of service of the affidavit of service of the person
person who brought the pleading who brought the pleading or other
or other document to the service document to the service provider,
provider, together with the together with the courier’s official
courier’s official receipt and receipt and document tracking
document tracking number. number
RULE 13
PROVISION PROVISION
Sec. 16. Proof of filing – (d) If the pleading or any other ❑ Item (d) refers to a pleading or any
court submission was filed by other court submission filed by
cont. electronic mail, the same shall be electronic mail, the filing of which
proven by an affidavit of electronic is proven by an affidavit of
filing of the filing party electronic filing of the filing party,
accompanied by a paper copy of with a (i) paper copy of the
the pleading or other document pleading or other document
transmitted or a written or stamped transmitted or (ii) written or
acknowledgment of its filing by the stamped acknowledgment of its
clerk of court. If the paper copy filing by the clerk of court If the
sent by electronic mail was filed by paper copy sent by electronic mail
registered mail, paragraph (b) of was filed by registered mail,
this Section applies. paragraph or item (b) herein
(e) If the pleading or any other applies
court submission was filed
through other ❑
authorized Item (e) pertains to a pleading or
electronic means, the same shall any other court submission filed
be proven by an affidavit of through other authorized
electronic filing of the filing party electronic means, the filing of
accompanied by a copy of the which is proven by an affidavit of
electronic acknowledgment of its electronic filing of the filing party
filing by the court. accompanied by a copy of the
electronic acknowledgment of its
filing by the court
Sec. 17. Proof of service Proof of personal service shallProof ❑

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

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

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

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

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

any of the foregoing persons, it shall the named corporate officials,
be made upon the person who then service can be made upon
customarily receives the the person who customarily
correspondence for the defendant at receives the correspondence for
its principal office. the defendant domestic
corporation, partnership or
RULE 14
SUMMONS – cont.

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

part of the persons above- Service may be made
mentioned to receive summons electronically, if allowed by the
despite at least three (3) attempts court (via substitute service), if
on two (2) separate dates, service the corporate officials, their
may be made electronically, if secretaries, the person who
allowed by the court, as provided customarily receives
under Sec. 6 of this rule correspondence, or the receiver
(Substituted service). or liquidator, refuse to receive
the summons.
Sec. 13. Duty of NO ORIGINAL PROVISION Where the summons is❑ This is a new section. The
counsel of improperly served and a lawyer amendment allows the court, if
record makes a special appearance on the summons is improperly
behalf of the defendant to, among served and a lawyer makes a
others, question the validity of special appearance on behalf of
service of summons, the counsel the defendant to question the
shall be deputized by the court to validity of the service of
serve summons on his (or her) summons, shall deputize the
client. counsel to serve summons on
his/her client
RULE 14
SUMMONS – cont.
PROVISION PROVISION
Sec. 14. Service When the defendant is a foreign When the defendant is a foreign ❑ This used to be Sec. 12. The
private juridical entity which has private juridical entity which has amendment, among others,
upon foreign private transacted business in the transacted or is doing business in requires that a foreign private
juridical entities Philippines, service may be made the Philippines, as defined by law, juridical entity is not only
on its resident agent designated in service may be made on its resident transacting, but should also,
accordance with law for that agent designated in accordance with be doing business in the
purpose, or, if there be no such law for that purpose, or, if there be Philippines, as defined by law.
agent, on the government official no such agent, on the government Also, service may be made
designated by law to that effect, or official designated by law to that on the said corporation’s
on any of its officers or agents effect, or on any of its officers, directors or trustees, aside
within the Philippines. agents directors or trustees within from its officers or agents.
the Philippines.
❑ This is a new paragraph in
If the foreign private juridical Sec. 14. If the foreign private
entity is not registered in the juridical entity is not
Philippines, or has no resident registered in the Philippines
agent but has transacted or is or has no resident agent, but
doing business in it, as defined by transacted or did business in
law, such service may, with leave the Philippines, service may,
of court, be effected outside of the with leave of court, be
Philippines through any of the effected outside of the
following means: Philippines by: (a) personal
(a) By personal service coursed service on the appropriate
through the appropriate court in court in a foreign country with
the foreign country with the the assistance of the DFA, (b)
assistance of the department of publication in a newspaper of
foreign affairs; general circulation in the
(b) By publication once in a country where the defendant
newspaper of general circulation may be found and serving
in the country where the copy of the summons and the
defendant may be found and by court order by registered mail
serving a copy of the summons at the last known address of
and the court order by registered the defendant, (c) facsimile,
mail at the last known address of (d) electronic means or (e)
the defendant; such other means as the
(c) By facsimile; court may direct
RULE 14
SUMMONS – cont.
PROVISION PROVISION
Sec. 14. Service (d) By electronic means with
upon foreign private the prescribed proof of service;
or
juridical entities –
(e) By such other means as the
cont. court, in its discretion, may
direct.
Sec. 16. Service In any action where the In any action where the❑ This used to be Sec. 14.
upon defendant defendant is designated as an defendant is designated as an The amendment provides
unknown owner, or the like, or unknown owner, or the like, or that when the defendant is
whose identity or
whenever his whereabouts are whenever his or her designated as an unknown
whereabouts are unknown and cannot be whereabouts are unknown and owner, or the like, or his/
unknown ascertained by diligent inquiry, cannot be ascertained by diligent her whereabouts are
service may, by leave of court, inquiry, within ninety (90) unknown and cannot be
be effected upon him by calendar days from the ascertained within 90
publication in a newspaper of commencement of the action, calendars from the
general circulation and in such service may, by leave of court, be commencement of the
places and for such time as the effected upon him or her by action, with leave of court,
court may order. publication in a newspaper of service may be made by
general circulation and in such publication in a newspaper
places and for such time as the of general circulation and
court may order. for such time as the court
may order
Any order granting such leave ❑ The 2 nd par. in Sec. 16 is a

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

effected, the return shall state: was effected the return
(1) (T)he impossibility of prompt should state: (1) the
personal service within a period of impossibility of prompt
thirty (30) calendar days from issue and service within 30 calendar
receipt of summons; days; (2) the date and time of
(2) The date and time of the three (3) the 3 attempts on at least 2
attempts on at least two (2) separate separate dates to cause
dates to cause personal service and the personal service and the
details of the inquiries made to locate details of the inquiries made
the defendant residing thereat; and to locate the defendant
(3) The name of the person at least residing thereat; and (3) the
eighteen (18) years of age and of name of the person at least
sufficient discretion residing thereat; 18 years of age and of
name of (the) competent person in sufficient discretion residing
charge of the defendant’s office or at defendant’s residence or
regular place of business, or name of the name of the officer of the
the officer of the homeowners’ homeowner’s association or
association or condominium condominium corporation or
corporation or its chief security officer its chief security officer in
in charge of the community or building charge of the community r
where the defendant may be found. building where the defendant
may be found
RULE 14
SUMMONS – cont.
SECTION ORIGINAL PROVISION AMENDED REMARKS
PROVISION
Sec. 21. Proof The proof of service of a summons shall The proof of service of a summons ❑ This used to be Sec. 18. The
be made in writing by the server and shall be made in writing by the server amendment in the 1st par. of Sec.
of service shall set forth the manner, place, and and shall set forth the manner, place, 21 is just gender-based.
date of service; shall specify any papers and date of service; shall specify any
which have been served with the process papers which have been served with
and the name of the person who the process and the name of the
received the same; and shall be sworn to person who received the same; and
when made by a person other than a shall be sworn to when made by a
sheriff or his deputy. person other than a sheriff or his or
her deputy.
❑ This is a new provision in Sec.
If summons was served by 21. Proof of service of summons
electronic mail, a printout of said served by electronic mail
e-mail, with a copy of the requires a printout of said email,
summons as served, and the with a copy of the summons
affidavit of the person mailing, served, and the affidavit of the
shall constitute as proof of service. person mailing it
Sec. 22. Proof If the service has been made by If the service has been made by ❑ This used to be Sec. 19. The
publication, service may be proved by publication, service may be proved amendment removed the printer,
of service by the affidavit of the printer, his foreman or by the affidavit of the publisher, his foreman or principal clerk in
publication principal clerk, or of the editor, business editor, business or advertising executing an affidavit for service
or advertising manager, to which affidavit manager, to which affidavit a copy of made by publication, but
a copy of the publication shall be the publication shall be attached, and included the publisher instead
attached, and by an affidavit showing the by an affidavit showing the deposit of ❑ Also, the other amendment is
deposit of a copy of the summons and a copy of the summons and order for just gender-based..
order for publication in the post office, publication in the post office, postage
postage prepaid, directed to the prepaid, directed to the defendant by
defendant by registered mail to his last registered mail to his or her last
known address. known address.
Sec. 23. The defendant’s voluntary appearance in The defendant’s voluntary ❑ This used to be Sec. 20. The
the action shall be equivalent to service appearance in the action shall be amendment removed the word
Voluntary of summons. The inclusion in a motion to equivalent to service of summons. “not” so that the inclusion in a
appearance dismiss of other grounds aside from lack The inclusion in a motion to dismiss motion to dismiss of other
of jurisdiction over the person of the of other grounds aside from lack of grounds aside from lack of
defendant shall not be deemed a jurisdiction over the person of the jurisdiction over the person of
RULE 15
MOTIONS
PROVISION
Sec. 2. Motions All motions shall be in writing All motions shall be in writing except those ❑ No amendment in the 1st par. of Sec.
except those made in open made in open court or in the course of a 2.
must be in writing court or in the course of a hearing or trial.
hearing or trial.
A motion made in open court or in the ❑ This is a new provision. It requires
NO ORIGINAL PROVISION course of a hearing or trial should that a motion made in open court or
immediately be resolved in open court, in the course of the trial should be
after the adverse party is given the resolved immediately in open court
opportunity to argue his or her opposition after giving the adverse party the
thereto. opportunity to argue his/her
opposition thereto.
When a motion is based on facts not ❑ This is also a new provision. It
appearing on record, the court may hear provides that when a motion is based
the matter on affidavits or depositions on facts not appearing on record, the
presented by the respective parties, but court may hear the matter on
the court may direct that the matter be affidavits or depositions, or direct that
heard wholly or partly on oral testimony the matter be wholly or partly heard
or depositions. on oral testimony or depositions.
Sec. 4. Non- NO ORIGINAL PROVISION Motions which the court may act upon ❑ This a new section. The amendment
without prejudicing the rights of adverse defines “non-litigious motions” as
litigious motions parties are non-litigious motions. These those that the court may act upon
motions include: without prejudicing the rights of
i. Motion for the issuance of an alias adverse parties (these include
summons; motions for (i) the issuance of alias
ii. Motion for extension to file answer; summons, (ii) extension to file
iii. Motion for postponement; answer, (iii) postponement, (iv) the
iv. Motion for the issuance of a writ of issuance of a writ or (v) alias writ of
execution; execution, (vi) the issuance of a writ
v. Motion for the issuance of an alias writ of possession,
of execution
NOTE1: No amendment in Sec. 1 (Motion defined) and Sec. 3 (Contents)
NOTE2: The old Sec. 4 (Hearing of motion) was DELETED.
NOTE3: No amendment in Sec. 9 (Omnibus motion), Sec. 10 (Motion for leave) and Sec. 11 (Form), except the re-numbering thereof. These used to be Sec. 8, 9 and
10, respectively
RULE 15
MOTIONS – cont.
PROVISION PROVISION
Sec. 4. Non-litigious vi. Motion for the issuance of a (vii) the issuance of an order
writ of possession; directing the sheriff to
motions – cont. vii. Motion for the issuance of an execute
order directing the sheriff to the final certificate of sale;
execute the final certificate of sale; and
viii. Other similar motions. (viii) other similar motions)
These motions shall not be set for

hearing and shall be resolved by
❑
the court within five (5) calendar Non-litigious motions shall not
days from receipt thereof. be set for hearing and shall be
resolved by the court within 5
calendar days from receipt
thereof.
Sec. 5. Litigious NO ORIGINAL PROVISION (a) Litigious motions include: ❑ This is a new section. Sec. 5
(i) Motion for bill of particulars; lists the litigious motions that
motions. (ii) Motion to dismiss; must be set for hearing
(iii) Motion for new trial; before being resolved by the
(iv) Motion for reconsideration; court (such as motions (i) for
(v) Motion for execution pending bill of particulars, (ii) to
appeal; dismiss, (iii) for new trial, (iv)
(vi) Motion to amend after a for reconsideration, (v) for
responsive pleading has been execution pending appeal,
filed; (vi) to amend after a
(vii) Motion to cancel statutory responsive pleading has
lien; been filed, (vii) to cancel
(viii) Motion for an order to break statutory lien, (viii) for an
in or for a writ of demolition; order to break in or for a writ
(ix) Motion for intervention; of demolition, (ix) for
(x) Motion for judgment on the intervention, (x) for judgment
pleadings; on the pleadings, (xi) for
(xi) Motion for summary judgment; summary judgment, (xii) for
(xii) Demurrer to evidence; demurrer to evidence, (xiii) to
(xiii) Motion to declare defendant declare defendant in default
in default; and, and (siv) other similar
RULE 15
MOTIONS – cont.
PROVISION
Sec. 5. Litigious (b) All motions shall be served by ❑ Aside from personal service or
personal service, accredited private registered mail, all motions shall
motions – cont. courier or registered mail, or be served by accredited private
electronic means so as to ensure courier or electronic means
their receipt by the other party.
(c) The opposing party shall file his ❑ The opposing party shall file his/
or her opposition to a litigious her opposition to a litigious
motion within five (5) calendar days motion within 5 calendar days
from receipt thereof. No other from receipt thereof. Also, other
submissions shall be considered by pleading shall be considered by
the court in the resolution of the the court in resolving the subject
motion. motion.
The motion shall be resolved by the ❑ The court has 15 calendar days,
court within fifteen (15) calendar from receipt of the opposition or
days from its receipt of the upon expiration of the 5-day
opposition thereto, or upon period to file such opposition, to
expiration of the period to file such resolve the litigious motion
opposition.
Sec. 6. Notice of The notice of hearing shall be The court may in the exercise of its ❑ This used to be Sec. 5 (Notice
addressed to all parties discretion, and if deemed necessary of hearing).
hearing on concerned, and shall specify for its resolution, call a hearing on ❑ The amendment includes giving
litigious motions; the time and date of the the motion. The notice of hearing shall the court the discretion to call a
discretionary hearing which must not be later be addressed to all parties concerned, hearing on the litigious motion, if
than ten (10) days after the and shall specify the time and date of deemed necessary.
filing of the motion. the hearing;
Sec. 7. Proof of No written motion set for No written motion shall be acted upon ❑ This used to be Sec. 6
hearing shall be acted upon by by the court without proof of service ❑ The amendment deleted the
service necessary the court without proof of thereof, pursuant to Section 5(b) phrase “set for hearing” and
service thereof. hereof. added a reference to how
litigious motions are served
pursuant to Sec. 5(b), Rule 15.
RULE 15
MOTIONS – cont.
PROVISION PROVISION
Sec. 8. Motion day Except for motions requiring Except for motions requiring ❑ This used to be Sec. 7.
immediate action, all motions immediate action, where the court ❑ The amendment deletes requiring
shall be scheduled for decides to conduct hearing on a all motions to be heard on a Friday,
hearing on Friday afternoons, litigious motion, the same shall be and specifies instead that only
or if Friday is a non-working set on a Friday. litigious motions should be set for
day, in the afternoon of the hearing on a Friday when the court
next working day. decides to conduct a hearing
thereon
Sec. 12. Prohibited NO ORIGINAL PROVISION The following motions shall not be ❑ This is a new section.
allowed: ❑ Sec. 12 lists motions that are
motions (a) Motion to dismiss except on the prohibited, such as: (a) motion to
following grounds: dismiss (except on the ground of
i That the court has no jurisdiction lack of jurisdiction over the subject
over the subject matter of the claim; matter of the claim, litis pendendia,
ii. That there is another action or barred by res judicata or statute
pending between the same parties of limitations); (b) motion to hear
for the same cause; and, iii. That affirmative defenses; (c) motion for
the cause of action is barred by a reconsideration of the court’s action
prior judgment or by the statute of on the affirmative defenses; (d)
limitations; motion to suspend proceedings
(b) Motion to hear affirmative (without a TRO or injunction); (e)
defenses; motion for extension of time
(c) Motion for reconsideration of pleadings, affidavits or any other
the court’s action on the affirmative papers (except to file an answer); or
defenses; (f) motion for postponement
(d) Motion to suspend proceedings intended for delay (except if based
without a temporary restraining on acts of God, force majeure, or
order or injunction issued by a physical inability of the witness to
higher court; appear and testify, but with warning
(e) Motion for extension of time to that the presentation of evidence
file pleadings, affidavits or any must be terminated on the dates
other papers, except a motion for previously agreed upon)
extension of time to file an answer
as provided by Section 11, Rule 11;
and
RULE 15
MOTIONS – cont.
PROVISION
Sec. 12. (f) Motion for postponement intended
for delay, except it it is based on acts of
Prohibited God, force majeure or physical inability
motions – cont. of the witness to appear and testify. If
the motion is granted based on such
exceptions, the moving party shall be
warned that the presentation of its
evidence must still be terminated on the
dates previously agreed upon
A motion for postponement, whether ❑ This amendment requires that a motion for
written or oral, shall, at all times, be postponement, written or oral, should be
accompanied by the original receipt accompanied by the original receipt from the
from the office of the clerk of court office of the clerk of court evidencing payment
evidencing payment of the of the postponement fee, to be submitted
postponement fee under Section 2(b), either at the time of the filing of the motion or
Rule 141. to be submitted either at the not later than the next hearing. Also, the clerk
time of the filing of said motion or not of court shall not accept the motion unless
later than the next hearing. The clerk of accompanied by the original receipt.
court shall not accept the motion unless
accompanied by the original receipt.
Sec. 13. Subject to the right of appeal, an Subject to the right of appeal, an order ❑ This used to be, in part, Sec. 5, Rule 16
order granting a motion to granting a motion to dismiss or an (MOTION TO DISMISS)
Dismissal with dismiss based on paragraphs (f), affirmative defense that the cause of ❑ The amendment provides that an order
prejudice (h) and (i) of Section 1 hereof action is barred by a prior judgment or granting, aside from a motion to dismiss,
shall bar the refiling of the same by the statute of limitations; that the an affirmative defense (that the cause is
action or claim. claim or demand set forth in the barred by res judicata or by the statute of
plaintiff’s pleading has been paid, limitations; or the claim or demand has
waived, abandoned or otherwise been paid, waived, abandoned or
extinguished; or the claim on which the otherwise extinguished; or the claim on
action is founded is unenforceable which the action is founded is
under the provisions of the statute of unenforceable under the statute of frauds)
frauds, shall bar the refiling of the same shall bar the refiling of the same action or
action or claim. claim.
RULE 16
MOTION TO DISMISS*
(NOTE: Provisions either deleted or transposed)
SECTION SUMMARY OF REMARKS

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

RULE 16
MOTION TO DISMISS*
ORIGINAL PROVISION
Sec. 1. Grounds – ❑ Sec. 5, Rule 6, Sec. 12, Rule 8, and Secs. 12 and 13, Rule
cont. 15, as amended, covered all the 10 grounds for a motion to
dismiss as listed in Sec. 1, Rule 16
❑ The following grounds may be raised as affirmative defenses:
(i) the court has no jurisdiction over the subject matter;
(ii) there is another action pending between the same
parties for the same cause; (iii) the action is barred by a
prior judgment; (iv) the court has no jurisdiction over the
person of the defending party; (v) venue is improperly
laid; (vi) the plaintiff has no legal capacity to sue; (vii)
pleading asserting the claim states no cause of action;
and (viii) a condition precedent for filing the claim has not
been complied with
❑ A motion to dismiss is prohibited, except on the following
grounds: (i) the court has no jurisdiction over the subject
matter of the claim, (ii) there is another action pending
between the same parties for the same cause, or (iii) the
action is barred by a prior judgment or by the statute of
limitations
❑ Further, if a motion to dismiss or affirmative defense is
granted, for the following grounds, it will bar the re-filing of
another action or claim based on the same grounds, to wit: (i)
that the cause of action is barred by a prior judgment or
by the statute of limitations; (ii) that the claim or demand
set forth in the plaintiff’s pleading has been paid, waived,
abandoned or otherwise extinguished; or (iii) the claim on
which the action is founded is unenforceable under the
provisions of the statute of frauds, shall bar the refiling of
the same action or claim
RULE 16
MOTION TO DISMISS*
ORIGINAL PROVISION
Sec. 2. Hearing of ❑ Requires that during the hearing ❑ Sec. 4 (Hearing of motion), Rule 15 was DELETED. Hence,
motion of the motion the parties shall this can be treated in the same manner.
submit their arguments on the❑ Also, the hearing of a motion and the resolution thereof is
questions of law and their covered by Sec. 2, Rule 15, as amended.
evidence on the questions of fact
involved
❑ Should the case go to trial, the
evidence presented therein shall
automatically be part of the
evidence of the party presenting
the same
Sec. 3. Resolution❑ Requires that, after hearing, the ❑ This is covered by Sec. 2, Rule 15, as amended.
of motion court may dismiss the action or ❑ Also, Secs. 2 to 5, Rule 10 (AMENDED AND SUPPLEMENTAL
claim, deny the motion, or order PLEADINGS), as amended, among others, are applicable and
the amendment of the pleading covers the subject section..
Sec. 4. Time to❑ Provides the period when an❑ Secs. 1 and 2, Rule 11 (WHEN TO FILE RESPONSIVE
plead answer has to be filed when the PLEADINGS), as amended, among others, are applicable and
motion to dismiss is denied or covers the subject section.
the pleading is ordered to be
amended
Sec. 5. Effect of❑ Provides what are barred from ❑ Covered by Sec. 13, Rule 15, as amended
dismissal being re-filed if the motion to
dismiss is granted
Sec. 6. Pleading❑ Provides that if no motion to ❑ This section is covered by Sec. 5, Rule 6, Sec. 12, Rule 8, and
grounds as dismiss is filed, the grounds for Secs. 12 and 13, Rule 15, as amended
affirmative defenses the dismissal of the action may
be pleaded as affirmative
defenses
RULE 16
DISMISSAL OF
ACTIONS
PROVISION PROVISION
Sec. 2. Dismissal Except as provided in the Except as provided in the preceding ❑ The amendments in Sec. 2
preceding section, a complaint section, a complaint shall not be are only gender-based and
upon motion of plaintiff shall not be dismissed at the dismissed at the plaintiff’s instance clarifies that the defendant,
plaintiff’s instance save upon save upon approval of the court and from notice of a motion to
approval of the court and upon upon such terms and conditions as dismiss, has 15 calendar
such terms and conditions as the the court deems proper. If a days to manifest that he or
court deems proper. If a counterclaim has been pleaded by a she wants his or her
counterclaim has been pleaded by defendant prior to the service upon counterclaim to be resolved
a defendant prior to the service him or her of the plaintiff’s motion for in the same action
upon him of the plaintiff’s motion dismissal, the dismissal shall be
for dismissal, the dismissal shall limited to the complaint. The
be limited to the complaint. The dismissal shall be without prejudice
dismissal shall be without to the right of the defendant to
prejudice to the right of the prosecute his or her counterclaim in
defendant to prosecute his a separate action unless within
counterclaim in a separate action fifteen (15) calendar days from
unless within fifteen (15) days notice of the motion he or she
from notice of the motion he manifests his or her preference to
manifests his preference to have have his or her counterclaim
his counterclaim resolved in the resolved in the same action. Unless
same action. Unless otherwise otherwise specified in the order, a
specified in the order, a dismissal dismissal under this paragraph shall
under this paragraph shall be be without prejudice. A class suit
without prejudice. A class suit shall not be dismissed or
shall not be dismissed or compromised without the approval of
compromised without the approval the court.
of the court.
NOTE1: The provisions of the old Rule 16 (MOTION TO DISMISS) were either deleted or transposed. As such,
Rule on DISMISSAL OF ACTIONS should now be RE-NUMBERED as Rule 16 (not Rule 17).
NOTE2: No amendment in Sec. 1 (Dismissal upon notice by plaintiff) and Sec. 4 (Dismissal of counterclaim, cross-
claim, or third-party complaint)
NOTE3: The amendments in Sec. 3 (Dismissal due to fault of plaintiff) are merely gender-based.
RULE 17
PRE-
TRIAL
PROVISION PROVISION
Sec. 1. When After the last pleading has been After the last responsive pleading ❑ The amendment in Sec. 1 includes
served and filed, it shall be the has been served and filed, the clarifying that, prior to the pre-trial,
conducted duty of the plaintiff to promptly branch clerk of court shall issue, the last “responsive” pleading
move ex parte that the case be within five (5) calendar days from should have been served and filed.
set for pre-trial. filing, a notice of pre-trial which Also, the plaintiff is no longer
shall be set not later than sixty required to move for the case to be
(60) calendar days from the filing set for pre-trial and, instead, it is the
of the last responsive pleading. clerk of court who will issue, within 5
calendar days from filing of the last
responsive pleading, a notice of pre-
trial which shall be set not later than
60 calendar days from the filing of
the last responsive pleading.
Sec. 2. Nature The pre-trial is mandatory. The The pre-trial is mandatory and ❑ The amendment in Sec. 2 includes,
court shall consider: should be terminated promptly. among others, requiring the pre-trial
and Purpose (a) The possibility of an amicable The court shall consider: to be terminated promptly.
settlement or of a submission to (a) The possibility of an amicable ❑ Also, the necessity or desirability of
alternative modes of dispute settlement or of a submission to amendments to the pleadings (item
resolution; alternative modes of dispute [c]) is no longer a matter for
(b) The simplification of the resolution; consideration during the pre-trial
issues; (b) The simplification of the issues; ❑ Further, in item (d), the witnesses
(c) The necessity or desirability of (c) The possibility of obtaining must be identified and the trial dates
amendments to the pleadings; stipulations or admissions of facts must be set during the pre-trial
(d) The possibility of obtaining and of documents to avoid
stipulations or admissions of facts unnecessary proof;
and of documents to avoid (d) The limitation of the number and
unnecessary proof; and identification of witnesses and
(e) The limitation of the number of setting of trial dates;
witnesses; (e) The advisability of a preliminary
(f) The advisability of a reference of issues to a
preliminary reference of issues to commissioner;
a commissioner;
NOTE: Rule on PRE-TRIAL should now be RE-NUMBERED as Rule 17 (not Rule 18).
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 2. Nature and (g) The propriety of (f) The propriety of rendering judgment
rendering judgment on the on the pleadings, or summary judgment,
Purpose – cont. pleadings, or summary or of dismissing the action should a valid
judgment, or of dismissing ground therefor be found to exist;
the action should a valid (g) The requirement for the parties to: ❑ This is a new provision. The parties
ground therefor be found to i. Mark their respective evidence if are additionally required during the
exist; not yet marked in the judicial pre-trial to: (i) mark their respective
(h) The advisability or affidavits of their witnesses; evidence if not yet marked in the
necessity of suspending the ii. Examine and make comparisons of judicial affidavits of the witnesses;
proceedings; and, the adverse parties’ evidence vis-à- (ii) examine and make
(i) Such other matters as vis the copies to be marked; comparisons of their marked
may aid in the prompt iii. Manifest for the record evidence; (iii) manifest stipulations
disposition of the action. stipulations regarding the regarding the faithfulness of the
faithfulness of the reproductions and reproductions and genuineness
the genuineness and due execution and due execution of their
of the adverse parties’ evidence; evidence; and (iv) reserve
iv. Reserve evidence not available at evidence not available at the
the pre-trial, but only in the following pretrial (subject to the following
manner: manner as follows: for testimonial
1) For testimonial evidence, by giving evidence – give the name or
the name or position and the nature position and nature of the
of the testimony of the proposed testimony of the witness; for
witness; (and) documents and other object
2) For documents and other object evidence – give a particular
evidence, by giving a particular description thereof)
description of the evidence.
No reservation shall be allowed if not
made in the manner described above.
(h) Such other matters as may aid in the ❑ No reservation allowed if the above
prompt disposition of the action. requirements are not followed
❑ The advisability or necessity of
suspending proceedings (old item
[h])no longer considered during the
pre-trial.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 2. Nature and The failure without just cause of a party ❑ This is a new provision, Failure of
and counsel to appear during pre-trial, a party and counsel to appear
Purpose – cont. despite notice, shall result in a waiver during the pre-trial will result in a
of any objections to the faithfulness of waiver of any objections to the
the reproductions marked, or their faithfulness of the reproductions
genuineness and due execution. marked, or their genuineness and
due execution
The failure without just cause of a party ❑ This is also a new provision.
and/or counsel to bring the evidence Failure of a party and/or counsel
required shall be deemed a waiver of to bring the evidence required
the presentation of such evidence. shall be deemed a waiver of the
presentation of such evidence
The branch clerk of court shall prepare ❑ The branch clerk of court, not the
the minutes of the pre-trial, which shall court interpreter, shall prepare
have the following format: (See the minutes of the pre-trial
prescribed form) (based on a prescribed form)
Sec. 3. Notice of The notice of pre-trial shall The notice of pre-trial shall include the ❑ The amendment in Sec. 3 lists,
be served on counsel, or dates respectively set for: among others, what should be
pre-trial on the party who has no (a) Pre-Trial; included in the notice of pre-trial,
counsel. The counsel (b) Court-Annexed Mediation; and such as the dates of the (i) pre-
served with such notice is (c) Judicial Dispute Resolution, if trial, (ii) court-annexed mediation
charged with the duty of necessary. and (iii) judicial dispute resolution,
notifying the party if necessary.
represented by him. The notice of pre-trial shall be served on ❑ Also, the amendment in the 2nd
counsel, or on the party who has no par. is only gender-based.
counsel. The counsel served with such
notice is charged with the duty of notifying
the party represented by him or her.
Non-appearance at any of the foregoing ❑ Non-appearance at the dates for

settings shall be deemed non- the pre-trial, court-annexed
compliance at the Pre-Trial and shall mediation or judicial dispute
merit the same sanctions under Section resolution will be sanctioned per
5 hereof. Sec. 5 of this Rule
RULE 17
PRE-TRIAL – cont.
PROVISION PROVISION
Sec. 4. Appearance It shall be the duty of the parties It shall be the duty of the parties and ❑ The amendment in Sec. 4
and their counsel to appear at their counsel to appear at the pre- requires, among others, that a
of parties the pre-trial. The non- trial, court-annexed mediation, party and counsel should
appearance of a party may be and judicial dispute resolution, if appear, not only at the pre-trial,
excused only if a valid cause is necessary. The non-appearance but also at the court-annexed
shown therefor or if a of a party and counsel may be mediation and judicial dispute
representative shall appear in his excused only for acts of God, resolution (JDR), if necessary.
behalf fully authorized in writing force majeure, or duly Also, non-appearance is
to enter into an amicable substantiated physical inability. excused only for acts of God,
settlement, to submit to force majeure or duly
alternative modes of dispute (A) representative may appear on substantiated physical inability.
resolution, and to enter into behalf of a party but shall be fully ❑ A representative may appear
stipulations or admissions of authorized in writing to enter into an on behalf of a party (for the pre-
facts and of documents. amicable settlement, to submit to trial, court-annexed mediation
alternative modes of dispute and JDR), but the authority
resolution, and to enter into must be in writing.
stipulations or admissions of facts
and documents.
Sec. 5. Effect of The failure of the plaintiff to When duly notified, (t)he failure of❑ The amendment in Sec. 5
appear when so required the plaintiff and counsel to appear clarifies that both plaintiff and
failure to appear pursuant to the next preceding without valid cause when so counsel should be duly notified
section shall be cause for required pursuant to the next and their failure to both appear
dismissal of the action. The preceding section shall be cause for at the pre-trial, court-annexed
dismissal shall be with prejudice, dismissal of the action. The mediation or JDR shall be
unless otherwise ordered by the dismissal shall be with prejudice, cause for the dismissal of the
court. A similar failure on the part unless otherwise ordered by the action.
of the defendant shall be cause court. A similar failure on the part of ❑ Failure of both the defendant
to allow the plaintiff to present the defendant and counsel shall be and counsel to appear at the
his evidence ex parte and the cause to allow the plaintiff to pre-trial, court-annexed
court to render judgment on the present his evidence ex parte mediation or JDR shall allow
basis thereof. within ten (10) calendar days the plaintiff to present his/her
from termination of pre-trial and evidence ex parte within 10
the court to render judgment on the calendar days from termination
basis of the evidence offered. of the pre-trial. The court shall
then render judgment based on
the evidence offered.
RULE 17
PRE-TRIAL – cont.
PROVISION PROVISION
Sec. 6. Pre-trial The parties shall file with the court The parties shall file with the court ❑ The amendment in Sec. 6
and serve on the adverse party, in and serve on the adverse party, in includes, among others,
brief such manner as shall ensure their such manner as shall ensure their clarifying that the pre-trial brief
receipt thereof at least three (3) days receipt thereof at least three (3) should be filed and served on
before the date of the pre-trial, their calendar days before the date of the the adverse party at least 3
respective pre-trial briefs which shall pre-trial, their respective pre-trial calendar days from the date of
contain, among others: briefs which shall contain, among the pre-trial.
(a) A statement of their willingness to others: ❑ Among those to be contained
enter into amicable settlement or (a) A concise statement of the case in the pre-trial brief are: (i) a
alternative modes of dispute and the reliefs prayed for; concise statement of the case
resolution, indicating the desired statement of their willingness to enter and the reliefs prayed for (no
terms thereof; into amicable settlement or alternative more statement of the
(b) A summary of admitted facts and modes of dispute resolution, willingness to enter into an
proposed stipulation of facts; indicating the desired terms thereof; amicable settlement or
(c) The issues to be tried or resolved; (b) A summary of admitted facts and alternative modes of dispute
(d) The documents or exhibits to be proposed stipulation of facts; resolution); (ii) the main and
presented, stating the purpose (c) The main factual and legal factual legal issues to be
thereof; issues to be tried or resolved; resolved; (iii) the propriety of
(e) A manifestation of their having (d) The propriety of referral of referral of factual issues to
availed or their intention to avail factual issues to commissioners; commissioners; (iv) the other
themselves of discovery procedures (e) The documents or other object object evidence to be marked;
or referral to commissioners; and evidence to be marked, stating the (v) the names of witnesses
(f) The number and names of the purpose thereof; and the summary of their
witnesses , and the substance of (f) The names of the witnesses, and testimonies; and (vi) a brief
their respective testimonies. the summary of their respective statement of points of law and
testimonies; and citation of authorities
Failure to file the pre-trial brief shall (g) Brief statement of points of law ❑ A manifestation on availing or
have the same effect as failure to and citation of authorities. intent to avail of discovery
appear at the pre-trial. procedures or referral to
Failure to file the pre-trial brief shall commissioners is no longer
have the same effect as failure to required
appear at the pre-trial. ❑ No amendment in the 2nd par.
of Sec. 6.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 7. Pre-trial The proceedings in the pre-trial Upon termination of pre-trial, the court ❑ The amendment in Sec. 7
shall be recorded. Upon shall issue an order within ten (10) includes, among others,
order termination thereof, the court shall calendars which shall recite in detail changing the title from “record
issue an order which shall recite in the matters taken up. The order shall of pre-trial” to “pre-trial order”,
detail the matters taken up in the include: which order shall be issued
conference, the action taken (a) An enumeration of the admitted within 10 calendar days upon
thereon, the amendments allowed facts; termination of pre-trial. Also,
to the pleadings, and the (b) The minutes of the pre-trial there is no requirement that the
agreements or admissions made conference; pre-trial proceedings be
by the parties as to any of the (c) The legal and factual issue/s to be recorded.
matters considered. Should the tried; ❑ The pre-trial order shall include
action proceed to trial, the order (d) The applicable law, rules and items on the following: (i) an
shall explicitly define and limit the jurisprudence; enumeration of the admitted
issues to be tried. The contents of (e) The evidence marked; facts; (ii) the minutes of the pre-
the order shall control the (f) The specific trial dates for trial conference; (c) the legal
subsequent course of the the continuous trial, which shall be and factual issue/s to be tried;
action, unless modified before trial within the period provided by the (d) the applicable law, rules
to prevent manifest injustice. Rules; and jurisprudence; (e) the
(g) The case flowchart to be evidence marked; (f) the
determined by the court, which shall specific trial dates for
contain the different stages of the continuous trial; (g) the case
proceedings up to the promulgation flowchart as determined by the
of the decision and the use of time court (should contains the
frames for each stage in setting the different stages of the
trial dates; proceedings up to promulgation
(h) A statement that the one-day of decision); (h) a statement
examination of witness rule and most that the one-day examination of
important witness rule under A.M. No. witness rule and most
03-1-09-SC (Guidelines for Pre-Trial) important witness rule shall be
shall be strictly followed; and strictly followed; and (i) a
(i) A statement that the court shall statement that the court shall
render judgment on the pleadings or render judgment on the
summary judgment, as the case may pleadings or summary
be. judgment, as the case may be.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 7. Pre-trial NO ORIGINAL The direct testimony of witnesses for ❑ This is a new provision. The direct
PROVISION the plaintiff shall be in the form of testimony of plaintiff’s witnesses shall
order – cont. judicial affidavits. After the be in the form of judicial affidavits and
identification of such affidavits, cross- after the identification thereof during
examination shall proceed immediately. trial, cross-examination shall proceed
immediately.
Postponement of presentation of ❑ This is a new provision. Postponement
parties’ witnesses at a scheduled date of presentation of parties’ witnesses is
is prohibited, except if it is based on prohibited, except if it is based on acts
acts of God, force majeure or duly of God, force majeure or substantiated
substantiated physical inability of the physical inability of the witness to
witness to appear and testify. The appear and testify.
party who caused the postponement is ❑ Also, the party who caused the
warned that the presentation of its postponement must be warned that it
evidence must still be terminated must still terminate the presentation of
within the remaining dates previously its evidence within the remaining
agreed upon. dates previously agreed upon.
Should the opposing party fail to ❑ Should the opposing party fail to
appear without valid cause stated in appear, the presentation of the
the next preceding paragraph, the scheduled witness will proceed with
presentation of the scheduled witness the absent party being deemed to
will proceed with the absent party have waived the right to interpose
being deemed to have waived the right objection and conduct cross-
to interpose objection and conduct examination.
cross-examination.
The contents of the pre-trial order shall

control the subsequent proceedings, ❑ This is the last sentence in the old Sec.
unless modified before trial to prevent 7, wherein only the word “pre-trial”
manifest injustice. was inserted.
Sec. 8. Court- NO ORIGINAL After pre-trial and, after issues are ❑ This is a new section. It includes
PROVISION joined, the court shall refer the parties requiring the parties, after pre-trial and
Annexed for mandatory court-annexed the issues are joined, to be referred to
Mediation mediation. mandatory court-annexed mediation.
RULE 17
PRE-TRIAL – cont.
PROVISION
Sec. 8. Court- The period for court-annexed mediation shall not ❑ This is also a new provision. The court-annexed
exceed thirty (30) calendar days without further mediation shall be within a non-extendible
Annexed
extension. period of 30 calendar days.
Mediation –
cont.
Sec. 9. Judicial NO ORIGINAL Only if the judge of the court to which the case was ❑ This is a new section. It clarifies that JDR is
PROVISION originally raffled is convinced that settlement is still allowed only if the judge of the court to which
Dispute
possible, the case may be referred to another judge the case was originally raffled is convinced that
Resolution for judicial dispute resolution. The judicial dispute settlement is still possible.
resolution shall be conducted within a non-extendible ❑ Also, the case shall be referred to another judge
period of fifteen (15) calendar days from notice of for JDR, which shall be conducted within a non-
failure of the court-annexed mediation. extendible period of 15 calendar days from
notice of failure of the court-annexed mediation.
❑ If JDR fails, trial shall proceed before the
If judicial dispute resolution fails, trial before the original court on the agreed dates.
original court shall proceed on the dates agreed upon.
❑ All proceedings during the court-annexed
All proceedings during the court-annexed mediation mediation and the JDR shall be confidential.
and the judicial dispute resolution shall be
confidential.
Sec. 10. NO ORIGINAL Should there be no more controversial facts, or no ❑ This is a new provision. This includes the court
PROVISION more genuine issue as to any material fact, or an being allowed, motu proprio, and without
Judgment after
absence of any issue, or should the answer fail to prejudice to a party making a motion, to include
pre-trial tender an issue, the court shall, without prejudice to a in the pre-trial order that the case will be
party moving for judgment on the pleadings under submitted for judgment on the pleadings or
Rule 34 or summary judgment under Rule 35, motu summary judgment under Rule 34 or 35,
proprio include in the pre-trial order that the case be respectively, without need of position papers or
submitted for summary judgment or judgment on the memoranda.
pleadings, without need of position papers or ❑ Also, the judgment shall be rendered within 90
memoranda. In such cases, judgment shall be calendar days from termination of the pre-trial.
rendered within ninety (90) calendar days from
termination of the pre-trial.
❑ The amendment states that once the case is
The order of the court to submit the case for submitted for decision pursuant to Rule 34 or
judgment pursuant to this Rule shall not be (the) Rule 35, this is not subject to appeal or certiorari
subject to appeal or certiorari.
RULE 18
PRE-
TRIAL
PROVISION PROVISION
Sec. 4. Answer to The answer to the complaint-in- The answer to the complaint-in- ❑ The amendment in Sec. 4
intervention shall be filed within intervention shall be filed within provides that an answer to a
complaint-in- fifteen (15) days from notice of the fifteen (15) calendar days from complaint-in-intervention
intervention order admitting the same, unless notice of the order admitting the should be within 15 calendar
a different period is fixed by the same, unless a different period is days from notice of the order
court. fixed by the court. admitting the subject
complaint.
NOTE1: Rule on INTERVENTION should now be RE-NUMBERED as Rule 18 (not Rule 19).
NOTE2: No amendment in Sec. 1 (Who may intervene) and Sec. 2 (Time to intervene)
NOTE3: The amendment in Sec. 3 (Pleadings-in-intervention) is merely gender-based.
RULE 20
SUBPOENA
PROVISION PROVISION
Sec. 6. Service Service of a subpoena shall be Service of a subpoena shall be made ❑ The amendment in the first
made in the same manner as in the same manner as personal or paragraph of Sec. 6 is that
personal or substituted service of substituted service of summons. The the matters on the need to
summons. The original shall be original shall be exhibited and a copy tender the fees to the person
exhibited and a copy thereof thereof delivered to the person on subject of the subpoena for
delivered to the person on whom it whom it is served. The service must one day’s attendance and the
is served, tendering to him the be made so as to allow the witness a kilometrage allowed, as well
fees for one day’s attendance and reasonable time for preparation and as on the subpoenas issued
the kilometrage allowed by these travel to the place of attendance. on behalf of the Republic of
Rules, except that, when a the Philippines or an officer or
subpoena is issued by or on agency thereof, have been
behalf of the Republic of the deleted.
Philippines or an officer or agency
thereof, the tender need not be
made.
Cost for court attendance and the ❑ Also, the entire 2nd par. of the
The service must be made so as production of documents and old Sec. 6 has been re-
to allow the witness a reasonable other materials subject of the worded.
time for preparation and travel to subpoena shall be tendered or ❑ The cost for court attendance
the place of attendance. If the charged accordingly. and the production of
subpoena is duces tecum, the documents and other
reasonable cost of producing the materials subject of the
books, documents or things subpoena has to be tendered
demanded shall also be tendered. or charged accordingly.
NOTE1: No amendment in the Rule on CALENDAR OF CASES which should be now RE-NUMBERED as Rule
19 (not Rule 20)
NOTE2: Rule on SUBPOENA should now be RE-NUMBERED as Rule 20 (not Rule 21).
NOTE3: No amendment in Sec. 2 (By whom issued), Sec. 3 (Form and contents), Sec. 4 (Quashing a subpoena)
and Sec. 5 (Subpoena for depositions)
NOTE4: The amendments in Sec. 1 (Subpoena and subpoena duces tecum), Sec. 7 (Personal appearance in
court), Sec. 8 (Compelling attendance), Sec. 9 (Contempt), and Sec. 10 (Exceptions) are merely gender-based.
RULE 22
DEPOSITIONS PENDING
ACTIONS
PROVISION
Sec. 1. Deposition By leave of court after jurisdiction has Upon ex parte motion of a❑ The amendment in Sec. 1 is
been obtained over any defendant or party, the testimony of any that the requirement that the
pending action, over property which is the subject of the person, whether a party or not, testimony of any person,
when may be taken action, or without such leave after an may be taken, at the instance of whether a party or not, may be
answer has been served, the testimony any party, by deposition upon taken by deposition upon oral
of any person, whether a party or not, oral examination or written examination or written
may be taken, at the instance of any interrogatories. The attendance interrogatories, only “by leave
party, by deposition upon oral of witnesses may be compelled of court or without such leave”,
examination or written interrogatories. by the use of a subpoena as has been replaced with only
The attendance of witnesses may be provided in Rule (20) upon “ex parte motion of a
compelled by the use of a subpoena as (Subpoena). Depositions shall party”.
provided in Rule 21 (Subpoena). be taken only in accordance ❑ Also, it must be noted that if the
Depositions shall be taken only in with these Rules. The deposition re-numbering of the Rules is
accordance with these Rules. The of a person confined in prison done, then the Rule on
deposition of a person confined in may be taken only by leave of Subpoena being referred to
prison may be taken only by leave of court on such terms as the court should be Rule 20, not Rule 21.
NOTE1: No amendment in the
courtRule
on on COMPUTATION
such terms as the courtOF TIME which should be now RE-NUMBERED as Rule 21 (not
prescribes.
Rule 22) prescribes.
NOTE2: Rule on DEPOSITIONS PENDING ACTIONS should now be RE-NUMBERED as Rule 22 (not Rule 23).
NOTE3: No amendment in Sec. 2 (Scope of examination), Sec. 3 (Examination and cross-examination), Sec. 5 (Effect of
substitution of parties), Sec. 6 (Objections to admissibility), Sec. 8 (Effect of using depositions), Sec. 10 (Persons before
whom depositions may be taken within the Philippines), Sec. 11 (Persons before whom depositions may be taken in foreign
countries), Sec. 12 (Commission or letters rogatory), Sec. 13. (Disqualification by interest), Sec. 14 (Stipulations regarding
taking of depositions), Sec. 16 (Orders for the protection of parties and deponents), Sec. 18 (Motion to terminate or limit
examination), Sec. 21 (Notice of filing), Sec. 22 (Furnishing copies), Sec. 27 (Notice of filing and furnishing copies) and Sec.
28 (Orders for the protection of parties and deponents)
NOTE4: The amendments in Sec. 4 (Use of depositions), Sec. 7 (Effect of taking depositions), Sec. 9 (Rebutting depositions),
Sec. 15 (Deposition upon oral examination; notice; time and place), Sec. 17 (Record of examination; oath; objection), Sec. 19
(Submission to witness; changes; signing), Sec. 20 (Certification and filing by officer), Sec. 23. (Failure to attend of party
giving notice), Sec. 24 (Failure of party giving notice to serve subpoena), and Sec. 26 (Officers to take responses and
prepare record) are merely gender-based.
RULE 22
DEPOSITIONS PENDING ACTIONS – cont.
PROVISION PROVISION
Sec. 25. Deposition A party desiring to take the A party desiring to take the ❑ The amendment in Sec. 25 is
deposition of any person upon deposition of any person upon that the period to serve cross-
upon written written interrogatories shall serve written interrogatories shall serve interrogatories, re-direct
interrogatories; them upon every other party with them upon every other party with a interrogatories, and re-cross
service of notice and a notice stating the name and notice stating the name and address interrogatories should be 10,
address of the person who is to of the person who is to answer them 5 and 3 calendar days,
of interrogatories answer them and the name or and the name or descriptive title and respectively.
descriptive title and address of the address of the officer before whom
officer before whom the deposition the deposition is to be taken. Within
is to be taken. Within ten (10) ten (10) calendar days thereafter, a
days thereafter, a party so served party so served may serve cross-
may serve cross-interrogatories interrogatories upon the party
upon the party proposing to take proposing to take the deposition.
the deposition. Within five (5) days Within five (5) calendar days
thereafter, the latter may serve re- thereafter, the latter may serve re-
direct interrogatories upon a party direct interrogatories upon a party
who has served cross- who has served cross-interrogatories.
interrogatories. Within three (3) Within three (3) calendar days after
days after being served with re- being served with re-direct
direct interrogatories, a party may interrogatories, a party may serve re-
serve re-cross-interrogatories cross-interrogatories upon the party
upon the party proposing to take proposing to take the deposition.
the deposition.
RULE 22
DEPOSITIONS PENDING ACTIONS – cont.
PROVISION PROVISION
Sec. 29. Effect of (a) As to notice. xxx xxx xxx (a) As to notice. xxx xxx xxx ❑ The amendment in Sec. 29 is
(b) As to disqualification of officer (b) As to disqualification of officer xxx only for item (e) where the
errors and xxx xxx xxx xxx xxx period to submit objections to
irregularities in (c) As to competency or relevancy (c) As to competency or relevancy of written interrogatories is
depositions of evidence xxx xxx xxx evidence xxx xxx xxx within 3 calendar days after
(d) As to oral examination xxx xxx (d) As to oral examination xxx xxx xxx service of the last
xxx (e) As to form of written interrogatories authorized
(e) As to form of written interrogatories. – Objections to the
interrogatories. – Objections to the form of written interrogatories
form of written interrogatories submitted under Sections 25 and 26
submitted under Sections 25 and of this Rule are waived unless
26 of this Rule are waived unless served in writing upon the party
served in writing upon the party propounding them within the time
propounding them within the time allowed for serving succeeding cross
allowed for serving succeeding or other interrogatories and within
cross or other interrogatories and three (3) calendar days after service
within three (3) days after service of the last interrogatories authorized.
of the last interrogatories (f) As to manner of preparation xxx
authorized. xxx xxx
(f) As to manner of preparation
xxx xxx xxx
RULE 23
DEPOSITIONS PENDING
ACTIONS
PROVISION PROVISION
Sec. 3. Notice and The petitioner shall serve a notice The petitioner shall serve a notice ❑ The amendment in Sec. 3
upon each person named in the upon each person named in the requires that the court shall
service petition as an expected adverse petition as an expected adverse cause notice of the taking of
party, together with a copy of the party, together with a copy of the the deposition before action
petition, stating that the petitioner petition, stating that the petitioner will or pending appeal at least 20
will apply to the court, at a time apply to the court, at a time and calendar days before the
and place named therein, for the place named therein, for the order date of the hearing for the
order described in the petition. At described in the petition. At least same, served on the parties
least twenty (20) days before the twenty (20) calendar days before the and prospective deponents.
date of the hearing, the court shall date of the hearing, the court shall
cause notice thereof to be served cause notice thereof to be served on
on the parties and prospective the parties and prospective
deponents in the manner provided deponents in the manner provided
for service of summons. for service of summons.
NOTE1: Rule on DEPOSITIONS BEFORE ACTION OR PENDING APPEAL should now be RE-NUMBERED as
Rule 23 (not Rule 24).
NOTE2: No amendment in Sec. 4 (Order and examination), Sec. 5 (Reference to court), and Sec. 6 (Use of
deposition)
NOTE3: The amendments in Sec. 1 (Depositions before action; petition), Sec. 2 (Contents of petition), and Sec. 7
(Depositions pending appeal) are merely gender-based.
RULE 24
INTERROGATORIES TO
PARTIES
PROVISION PROVISION
Sec. 1. Under the same conditions Upon ex parte motion, any party ❑ The amendment in Sec.1 is
specified in section 1 of Rule 23 desiring to elicit material and relevant that the requirement for the
Interrogatories to (Depositions Pending Action), any facts from any adverse parties shall filing and serving of written
parties; service party desiring to elicit material and file and serve upon the latter written interrogatories can be upon
thereof relevant facts from any adverse interrogatories to be answered by the ex parte motion.
parties shall file and serve upon party served or, if the party served is
the latter written interrogatories to a public or private corporation or a
be answered by the party served partnership or association, by any
or, if the party served is a public or officer thereof competent to testify in
private corporation or a its behalf.
partnership or association, by any
officer thereof competent to testify
in its behalf.
Sec. 2. Answer to The interrogatories shall be The interrogatories shall be ❑ The amendment in Sec. 2
answered fully in writing and shall answered fully in writing and shall be states that the party who was
interrogatories be signed and sworn to by the signed and sworn to by the person served the interrogatories
person making them. The party making them. The party upon whom has a period of 15 calendar
upon whom the interrogatories the interrogatories have been served days to file and serve a copy
have been served shall file and shall file and serve a copy of the of the answers thereto,
serve a copy of the answers on answers on the party submitting the unless the court, on motion,
the party submitting the interrogatories within fifteen (15) extends or shortens the time.
interrogatories within fifteen (15) calendar days after service thereof,
days after service thereof, unless unless the court, on motion and for
the court, on motion and for good good cause shown, extends or
cause shown, extends or shortens shortens the time.
the time.
NOTE1: Rule on INTERROGATORIES TO PARTIES should now be RE-NUMBERED as Rule 24 (not Rule 25).
NOTE2: No amendment in Sec. 4 (Number of interrogatories), Sec. 5 (Scope and use of interrogatories), and Sec. 6
(Effect of failure to serve written interrogatories)
RULE 24
INTERROGATORIES TO PARTIES – cont.

PROVISION PROVISION
Sec. 3. Objections to Objections to any interrogatories Objections to any interrogatories ❑ The amendment in Sec. 3
may be presented to the court may be presented to the court within requires that the period to
interrogatories within ten (10) days after service ten (10) calendar days after service present objections to
thereof, with notice as in case of a thereof, with notice as in case of a interrogatories should be
motion; and answers shall be motion; and answers shall be within 10 calendar days after
deferred until the objections are deferred until the objections are service of the interrogatories.
resolved, which shall be at as resolved, which shall be at as early a
early a time as is practicable. time as is practicable.
RULE 25
ADMISSION BY ADVERSE
PARTY
PROVISION PROVISION
Sec. 2. Implied Each of the matters of which an Each of the matters of which an ❑ The amendment in Sec. 2
admission is requested shall be admission is requested shall be requires that the period to file
admission deemed admitted unless, within a deemed admitted unless, within a and serve a denial of matters
period designated in the request, period designated in the request, for which an admission is
which shall not be less than fifteen which shall not be less than fifteen requested is 15 calendar
(15) days after service thereof, or (15) calendar days after service days, otherwise, such matter
within such further time as the thereof, or within such further time as is deemed admitted.
court may allow on motion, the the court may allow on motion, the ❑ Also, the amendments in said
party to whom the request is party to whom the request is directed section is only gender-based.
directed files and serves upon the files and serves upon the party
party requesting the admission a requesting the admission a sworn
sworn statement either denying statement either denying specifically
specifically the matters of which the matters of which an admission is
an admission is requested or requested or setting forth in detail the
setting forth in detail the reasons reasons why he or she cannot
why he cannot truthfully either truthfully either admit or deny those
admit or deny those matters. matters.
Objections to any request for Objections to any request for
admission shall be submitted to admission shall be submitted to the
the court by the party requested court by the party requested within
within the period for and prior to the period for and prior to the filing of
the filing of his sworn statement his or her sworn statement as
as contemplated in the preceding contemplated in the preceding
paragraph and his compliance paragraph and his or her compliance
therewith shall be deferred until therewith shall be deferred until such
such objections are resolved, objections are resolved, which
which resolution shall be made as resolution shall be made as early as
early as practicable. practicable.
NOTE1: Rule on ADMISSION BY ADVERSE PARTY should now be RE-NUMBERED as Rule 25 (not Rule 26).
NOTE2: No amendment in Sec. 1 (Request for admission), Sec. 4 (Withdrawal) and (Effect of failure to file and serve
request for admission)
NOTE3: The amendment in Sec. 3 (Effect of admission) is only gender-based.
RULE 26
PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS
NOTE1: Rule on PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS should now be RE-NUMBERED

as Rule 26 (not Rule 27).
NOTE2: The amendment in Sec. 1 (Motion for production or inspection; order) is merely gender-based.
RULE 27
PHYSICAL AND MENTAL EXAMINATION OF
PERSONS
NOTE1: Rule on PHYSICAL AND MENTAL EXAMINATION OF PERSONS should now be RE-NUMBERED as
NOTE2: The amendments in Sec. 1 (When examination may be ordered), Sec. 3 (Report of findings), and Sec. 4
(Waiver of privilege) are merely gender-based.
NOTE3: No amendment in Sec. 2 (Order for examination)
RULE 28
REFUSAL TO COMPLY WITH MODES OF
DISCOVERY
NOTE1: Rule on REFUSAL TO COMPLY WITH MODES OF DISCOVERY should now be RE-NUMBERED as
NOTE2: No amendment in Sec. 1 (Refusal to answer), Sec. 2 (Contempt of court), and Sec. 6 (Expenses against the
Republic of the Philippines)
NOTE3: The amendments in Sec. 3 (Other consequences), Sec. 4 (Expenses on refusal to admit), and Sec. 5
(Failure of party to attend or serve answers) are merely gender-based.
RULE 29
TRIAL
PROVISION
Sec. 1. Schedule NO ORIGINAL The parties shall strictly observe the ❑ The amendment in Sec. 1 requires
PROVISION scheduled hearings as agreed upon that parties should observe
of trial and set forth in the pre-trial order. scheduled hearings as agreed upon
and set forth in the pre-trial order
(a) The schedule of the trial dates, for ❑ The schedule of the trial dates for
both plaintiff and defendant, shall be the parties shall be continuous
continuous and within the following based on the following periods:
periods:
(i) The initial presentation of plaintiff’s➢ Initial presentation of plaintiff’s
evidence shall be set not later than evidence set not later than 30
thirty (30) calendar days after the calendar days after the termination
termination of the pre-trial conference. of the pre-trial conference
Plaintiff shall be allowed to present its➢ Plaintiff, 30 calendar days after the
evidence within a period of three (3) pre-trial conference, is allowed to
months or ninety calendar days which present its evidence within 3 months,
shall include the date of the judicial or 90 calendar days, which includes
dispute resolution, if necessary; the date of the JDR, if necessary
(ii) The initial presentation of➢ Defendant, 30 calendar days after
defendant’s evidence shall be set not the court’s ruling on plaintiff’s formal
later than thirty (30) calendar days offer of evidence, is allowed to
after the court’s ruling on plaintiff’s present its evidence within 3 months
formal offer of evidence. The or 90 calendar days
defendant shall be allowed to present
its evidence within a period of three
(3) months or ninety (90) calendar
days;
NOTE1: Rule on TRIAL should now be RE-NUMBERED as Rule 29 (not Rule 30).
NOTE2: The old Sec. 1 (Notice of Trial) has been replaced with a new Sec. 1 (Schedule of trial)
NOTE3: Sec. 3 (Requisites of motion to postpone trial for illness of party or counsel) and Sec. 7 (Statement of judge)
of Rule 30 (Trial) were both DELETED.
NOTE4: The amendments in the new Sec. 3 (Requisites of motion to postpone trial for illness of party or counsel)
and Sec. 5 (Order of trial) are only gender-based.
NOTE5: The amendment in Sec. 7 (Agreed statement of facts) is the re-numbering thereof. This used to be Sec. 6.
RULE 29
TRIAL – cont.

PROVISION
Sec. 1. Schedule of (iii) The period for the presentation ❑ If there is a third (fourth, etc.)-
of evidence on the third (fourth, etc.)- party claim, counterclaim or
trial - cont. party claim, counterclaim or cross- cross-claim, the period for
claim shall be determined by the presentation of evidence will be
court, the total of which shall in no determined by the court, but
case exceed ninety (90) calendar the total of which shall not
days; and exceed 90 calendar days
(iv) If deemed necessary, the court ❑ The court shall set the
shall set the presentation of the presentation of rebuttal
parties’ respective rebuttal evidence, evidence for the parties, which
which shall be completed within a shall be completed within a
period of thirty (30) calendar days. period of 30 calendar days
(b) The trial dates may be shortened ❑ The trial dates may be
depending on the number of shortened depending on the
witnesses to be presented, provided number of witnesses, provided
that the presentation of evidence of that the presentation of
all parties shall be terminated within evidence of all parties shall be
a period of ten (10) months or three terminated within 10 months, or
hundred (300) calendar days. If there 300 calendar days
are no third (fourth, etc.)- party claim, ❑ If there are no third (fourth, etc.
counterclaim or cross-claim, the )-party claim, counterclaim or
presentation of evidence shall be cross-claim, the presentation of
terminated within a period of six (6) evidence shall be terminated
months or one hundred eighty (180) within a period of 6 months, or
calendar days. 180 calendar days
(c) The court shall decide and serve ❑ The court shall decide and
copies of its decision to the parties serve copies of its decision to
within a period not exceeding ninety the parties within 90 calendar
(90) calendar days from the days form submission of the
submission of the case for case for resolution, with or
resolution, with or without without memoranda
memoranda.
RULE 29
TRIAL – cont.
PROVISION
Sec. 2. A court may adjourn a trial from A court may adjourn a trial from day to day, ❑ The amendment in Sec. 2
day to day, and to any stated and to any stated time, as the expeditious pertains to a new 2nd par.
Adjournments and time, as the expeditious and and convenient transaction of business which provides that the party
postponements convenient transaction of may require, but shall have no power to who caused the
business may require, but shall adjourn a trial for a longer period than one postponement must be
have no power to adjourn a trial month for each adjournment, nor more than warned that the presentation
for a longer period than one three (3) months in all, except when of its evidence must still be
month for each adjournment, authorized in writing by the Court terminated on the remaining
nor more than three (3) months Administrator, Supreme Court. dates previously agreed upon.
in all, except when authorized in
writing by the Court The party who caused the postponement
Administrator, Supreme Court. is warned that the presentation of its
evidence must still be terminated on the
remaining dates previously agreed upon.
Sec. 4. Hearing NO ORIGINAL PROVISION Trial shall be held from Monday to ❑ This is a new section.The
Thursday, and courts shall call the cases amendment requires that trial
days and at exactly 8:30 a.m. and 2:00 p.m., should be from Monday to
calendar call pursuant to Administrative Circular No. Thursday. Also, courts shall
3-99. Hearing on motions shall be held call cases at exactly 8:30 a.m.
on Fridays, pursuant to Sec. 8, Rule 15. and 2:00 p.m.
❑ Hearings on motions shall be
held on Fridays
All courts shall ensure the posting of ❑ Court calendars should be
their court calendars outside their posted outside the
courtrooms at least one (1) day before courtrooms at least one day
the scheduled hearings, pursuant to before the scheduled
OCA Circular No. 250-2015. hearings.
Sec. 6. Oral offer NO ORIGINAL PROVISION The offer of evidence, the comment or ❑ This is a new section.
objection thereto, and the court ruling ❑ The amendment requires that
of exhibits shall be made orally in accordance with the offer of evidence, the
Sections 35 to 40 of Rule 132 (Rule on comment or objection thereto,
Presentation of Evidence). and the court ruling shall all
be made orally.
RULE 29
TRIAL – cont.
PROVISION PROVISION
Sec. 8. Suspension of The suspension of actions shall The suspension of actions shall be ❑ The amendment in Sec. 8
be governed by the provisions of governed by the provisions of the provides that suspension of
actions the Civil Code. Civil Code and other laws. actions shall be governed,
not only by the Civil Code,
but also by other laws.
Sec. 9. Judge to The judge of the court where the The judge of the court where the ❑ The amendment in Sec. 9 is,
case is pending shall personally case is pending shall personally among others, only gender-
receive evidence; receive the evidence to be receive the evidence to be adduced based.
delegation to clerk of adduced by the parties. However, by the parties. However, in default or ❑ Also, it provides that
court in default or ex parte hearings, ex parte hearings, and in any case objections to any question or
and in any case where the parties where the parties agree in writing, to the admissions of exhibits
agree in writing, the court may the court may delegate the reception during reception of evidence
delegate the reception of evidence of evidence to its clerk of court who before the clerk of court shall
to its clerk of court who is a is a member of the bar. The clerk of be resolved by the court
member of the bar. The clerk of court shall have no power to rule on within 10 calendar days from
court shall have no power to rule objections to any question or to the submission of the clerk of
on objections to any question or to admission of exhibits, which court’s report.
the admission of exhibits, which objections shall be resolved by the
objections shall be resolved by the court upon submission of his or her
court upon submission of his report and the transcripts within ten
report and the transcripts within (10) calendar days from termination
ten (10) days from termination of of the hearing.
the hearing.
RULE 31
TRIAL BY COMMISSIONER
PROVISION PROVISION
Sec. 5. Proceedings Upon receipt of the order of Upon receipt of the order of reference ❑ The amendment in Sec. 5
before commissioner reference and unless otherwise (and) unless otherwise provided requires that the commissioner
provided therein, the commissioner therein, the commissioner shall should set a time and place for
shall forthwith set a time and place forthwith set a time and place for the the first meeting of the parties
for the first meeting of the parties or first meeting of the parties or their or counsel before him/her
their counsel to be held within ten counsel to be held within ten (10) within 10 calendar days after
(10) days after the date of the order calendar days after the date of the the date of the order of
of reference and shall notify the order of reference and shall notify the reference.
parties or their counsel. parties or their counsel.
Sec. 10. Notice to Upon the filing of the report, the Upon the filing of the report, the ❑ The amendment in Sec. 10
parties of the filing of parties shall be notified by the clerk, parties shall be notified by the clerk, requires that objections to the
and they shall be allowed ten (10) and they shall be allowed ten (10) findings of the report of the
repor t days within which to signify calendar days within which to signify commissioner by the parties
grounds of objections to the grounds of objections to the findings should be done within 10
findings of the report, if they so of the report, if they so desire. calendar days from notice
desire. Objections to the report Objections to the report based upon thereof.
based upon grounds which were grounds which were available to the
available to the parties during the parties during the proceedings before
proceedings before the the commissioner, other than
commissioner, other than objections to the findings and
objections to the findings and conclusions therein set forth, shall not
conclusions therein set forth, shall be considered by the court unless
not be considered by the court they were made before the
unless they were made before the commissioner.
commissioner.
NOTE1: No amendment in Rule on CONSOLIDATION OR SEVERANCE which should now be RE-NUMBERED as Rule 30
(not Rule 31).
NOTE2: No amendment in Sec. 1 (Reference by consent), Sec. 2 (Reference ordered on motion), Sec. 12 (Stipulations as to
findings), and Sec. 13 (Compensation of commissioner)
NOTE3: The amendments in Sec. 3 (Order of reference; powers of the commissioner), Sec. 4. (Oath of commissioner), Sec. 6
(Failure of parties to appear before commissioner), Sec. 7 (Refusal of witness), Sec. 8 (Commissioner shall avoid delays), and
Sec. 9 (Report of commissioner) are merely gender-based.
RULE 31
TRIAL BY COMMISSIONER – cont.
PROVISION
Sec. 11. Hearing Upon the expiration of the period of Upon the expiration of the period of ten ❑ The amendment in Sec. 11
ten (10) days referred to in the calendar (10) days referred to in the requires that the report
upon report preceding section, the report shall be preceding section, the report shall be should be set for hearing
set for hearing, after which the court set for hearing, after which the court within 10 calendar days from
shall issue an order adopting, shall issue an order adopting, submission of an objection
modifying, or rejecting the report in modifying, or rejecting the report in thereto.
whole or in part, or recommitting with whole or in part, or recommitting with
instructions, or requiring the parties instructions, or requiring the parties to
to present further evidence before present further evidence before the
the commissioner of the court. commissioner of the court.
RULE 32
DEMURRER TO EVIDENCE
PROVISION PROVISION
Sec. 2. Action on NO ORIGINAL PROVISION A demurrer to evidence shall be ❑ This is a new section. The
subject to the provisions of Rule amendment requires that a
demurrer to 15 (Motions). demurrer to evidence is
evidence subject to Rule 15 on Motions.
The order denying the demurrer to ❑ Also, an order denying the
evidence shall not be subject of demurrer to evidence is not
an appeal or petition for certiorari, subject to appeal or petition
prohibition or mandamus before for certiorari, prohibition or
judgment. mandamus before judgment.
NOTE1: Rule on DEMURRER TO EVIDENCE should now be RE-NUMBERED as Rule 32 (not Rule 33).
NOTE2: The amendments in Sec. 1 (Demurrer to evidence) are merely gender-based.
RULE 33
JUDGMENT ON THE PLEADINGS
PROVISION PROVISION
Sec. 2. Action on NO ORIGINAL PROVISION The court may motu proprio or on ❑ This is a new section.The
motion render judgment on the amendment provides that the
motion for judgment pleadings if it is apparent that the court may motu proprio or on
on the pleadings answer fails to tender an issue, or motion render judgment on
otherwise admits the material the pleadings if it is apparent
allegations of the adverse party’s that the answer fails to tender
pleadings. Otherwise, the motion an issue or otherwise admits
shall be subject to the provisions the material allegations of the
of Rule 15 of these Rules. adverse party’s pleadings.
❑ If the above grounds are not
present, the motion is subject
to Rule 15 on Motions.
Any action of the court on a ❑ Also, any action on a motion
motion for judgment on the for judgment on the pleadings
pleadgins shall not be subject of is not subject to appeal or
an appeal or petition for certiorari, petition for certiorari,
prohibition or mandamus. prohibition or mandamus.
NOTE1: Rule on JUDGMENT ON THE PLEADINGS should now be RE-NUMBERED as Rule 33 (not Rule 34).
NOTE2: No amendment in Sec. 1 (Judgment on the pleadings)
RULE 34
SUMMARY JUDGMENTS
PROVISION
Sec. 3. Motion and The motion shall be served at The motion shall cite the❑ The amendment in Sec. 3
proceedings least ten (10) days before the supporting affidavits, requires that the motion for
time specified for the hearing. depositions or admissions, and summary judgment should
thereon
The adverse party may serve the specific law relied upon. The cite the supporting affidavits,
opposing affidavits, adverse party may file a depositions or admissions,
depositions, or admissions at comment and serve opposing and the specific law relied
least three (3) days before affidavits, depositions or upon
the hearing. After the hearing, admissions within a non- ❑ Also, the adverse party may
the judgment sought shall be extendible period of five (5) file a comment thereto within
rendered forthwith if the calendar days from receipt of the a non-extendible period of 5
pleadings, supporting motion. Unless the court orders calendar days from receipt of
affidavits, depositions, and the conduct of a hearing, the motion
admissions on file, show that, judgment sought shall be rendered ❑ Judgment may be rendered
except as to the amount of forthwith if the pleadings, on the motion, unless the
damages, there is no genuine supporting affidavits, depositions court requires a hearing
issue as to any material fact and admissions on file, show that,
and that the moving party is except as to the amount of
entitled to a judgment as a damages, there is no genuine issue
matter of law. as to any material fact and that the
moving party is entitled to judgment
as a matter of law. ❑
In addition, any action on a
motion for summary
Any action of the court on a judgment is not subject to
motion for summary judgment appeal or petition for
shall not be subject of an appeal certiorari, prohibition or
or petition for certiorari,
NOTE1: Rule on SUMMARY JUDGMENTS should now be RE-NUMBERED as Rule 34 (not Rule 35). mandamus.
prohibition
NOTE2: No amendment in Sec. 5 (Form of affidavits and supporting or mandamus.
papers)
NOTE3: The amendments in Sec. 1 (Summary judgment for claimant), Sec. 2 (Summary judgment for defending party) and Sec.
6 (Affidavits in bad faith)
RULE 34
SUMMARY JUDGMENTS – cont.

PROVISION
Sec. 4. Case not If on motion under this Rule, judgment If on motion under this Rule, ❑ The amendment in
fully adjudicated on is not rendered upon the whole case or judgment is not rendered upon Sec. 4 allows the
for all the reliefs sought and a trial is the whole case or for all the court to ascertain
motion
necessary, the court at the hearing of reliefs sought and a trial is what material facts
the motion, by examining the pleadings necessary, the court may, by exist without
and the evidence before it and by examining the pleadings and the substantial
interrogating counsel shall ascertain evidence before it and by controversy, including
what material facts exist without interrogating counsel, ascertain the extent to which
substantial controversy and what are what material facts exist without the amount of
actually and in good faith controverted. substantial controversy, damages or other
It shall thereupon make an order including the extent to which the relief that is not in
specifying the facts that appear without amount of damages or other controversy.
substantial controversy, including the relief is not in controversy, and ❑ Also, the court need
extent to which the amount of damages directing such further not ascertain what
or other relief is not in controversy, and proceedings in the action as are facts are actually and
directing such further proceedings in just. The facts so ascertained in good faith
the action as are just. The facts so shall be deemed established, controverted.
specified shall be deemed established, and the trial shall be conducted ❑ Further, the facts
and the trial shall be conducted on the on the controverted facts ascertained as without
controverted facts accordingly. accordingly. controversy are
deemed established
RULE 143
EFFECTIVENESS
PROVISION
NONE ❑
These rules shall take effectThese rules shall take effect on January 1, 1964. They shall The amendments in Rule 144
on January 1, 1964. They govern all cases brought after they take effect, and also all (should be Rule 143) include,
shall govern all casesfurther proceedings in cases then pending, except to the among others, the effectivity of the
brought after they takeextent that in the opinion of the court their application would 2019 Proposed Amendments to the
effect, and also all furthernot be feasible or would work injustice, in which event the Rules of Civil Procedure which shall
proceedings in cases thenformer procedure shall apply. be on May 1, 2020.
pending, except to the ❑ Also, if the amendments are not
extent that in the opinion ofThe 2019 Proposed Amendments to the 1997 Rules of feasible or would work injustice to
the court their applicationCivil Procedure shall govern all cases filed after their certain proceedings, then the
would not be feasible oreffectivity on May 1, 2020, and also all pending procedure under which the cases
would work injustice, inproceedings, except to the extent that in the opinion of were filed shall govern.
which event the formerthe court, their application would not be feasible or
procedure shall apply. would work injustice, in which case the procedure
under which the cases were filed shall govern.
The application and adherence to the said amendments ❑ Further, the Sub-Committee will
shall be subject to periodic monitoring by the Sub- periodically monitor the application
Committee, through the Office of the Court and adherence to the said
Administrator (OCA). For this purpose, all courts amendments, through the OCA.
covered by the said amendments shall accomplish and ❑ A periodic report of data in a form to
submit a periodic report of data in a form to be be generated and distributed by the
generated and distributed by the OCA. OCA will be required.
❑ Other issuances of the SC
All rules, resolutions, regulations or circulars of the inconsistent with any provision of
Supreme Court or parts thereof that are inconsistent the proposed amendments are
with any provision of the said amendments are hereby deemed repealed or modified
deemed repealed or modified accordingly. accordingly.
NOTE: Rule on EFFECTIVENESS, if none of the subsequent Rules are deleted or no new one added, should now be RE-
NUMBERED as Rule 143 (not Rule 144).

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NOTES

Deputy Court Administrator RAUL B. VILLANUEVA

The defenses of a party The defenses of a party

Sec. 7. Compulsory A compulsory counterclaim is A compulsory counterclaim is one ❑ A new sentence is

(c) If the court determines, ❑

Sec. 6. Judgment In pleading a judgment or In pleading a judgment or ❑ The amendment in the

Sec. 8. Effect of amendedAn amended ❑

Sec. 9. Service by NO ORIGINAL PROVISION ❑

Sec. 17. Proof of service Proof of personal service shallProof ❑

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

SECTION ORIGINAL AMENDED REMARKS

SECTION ORIGINAL AMENDED REMARKS

SECTION ORIGINAL AMENDED REMARKS

If such service cannot be made upon ❑ If service cannot be effected on

SECTION ORIGINAL AMENDED PROVISION REMARKS

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

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

Should substituted service have been ❑ Should substituted service

These motions shall not be set for

SECTION SUMMARY OF REMARKS

*These are extra slides only involving the old RULE 16

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

The contents of the pre-trial order shall

SECTION ORIGINAL AMENDED REMARKS

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

SECTION ORIGINAL AMENDED PROVISION REMARKS

SECTION ORIGINAL PROVISION AMENDED REMARKS

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