2019 AMENDMENTS

Section 12. Affirmative defenses. – (a) A

defendant shall raise his or her affirmative
defenses in his or her answer, which shall be
limited to the reasons set forth under Section
5(b), Rule 6, and the following grounds:

1. That the court has no jurisdiction over the

person of the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity
to sue;
4. That the pleading asserting the claim
states no cause of action; and
5. That a condition precedent for filing the
claim has not been complied with.
(b) Failure to raise the affirmative defenses at
the earliest opportunity shall constitute a
waiver thereof.
(c) The court shall motu proprio resolve the
above affirmative defenses within thirty
(30) calendar days from the fi ling of the
answer.
(d) As to the other affirmative defenses under
the first paragraph of Section 5(b), Rule 6,
the court may conduct a summary hearing
within fifteen (15) calendar days from
the fi ling of the answer. Such affirmative
defenses shall be resolved by the court
within thirty (30) calendar days from the
termination of the summary hearing.
(e) Affirmative defenses, if denied, shall not be
the subject of a motion for reconsideration
or petition for certiorari, prohibition or
mandamus, but may be among the matters
to be raised on appeal after a judgment on
the merits.
2019 Amendments to the Revised Rules of Civil Procedure and
Revised Rules of Evidence
Author Atty. Enrico Errol D. Angeles   Date April 28, 2020

On October 8 and 15, 2019, the Philippine Supreme Court issued the 2019 Amendments to the Revised
Rules of Evidence and the Amendments to the 1997 Rules of Civil Procedure (collectively the “New
Rules”), respectively.  The New Rules will be effective on May 1, 2020 and shall cover (i) all cases filed
after the said date; and, (ii) all pending proceedings except to the extent that, in the opinion of the court,
their application would not be feasible or would work injustice.

Some of the highlights and major changes under the New Rules:
1.      The New Rules allows filing of a Reply only if the defendant attaches an actionable document to
the Answer.
2.      The New Rules gives emphasis to the counsel’s signature in a pleading as it constitutes a
certification.  Courts are empowered to impose appropriate sanctions if the requirement of
signature on the certification is violated.
 
3.      The New Rules mandates that every pleading stating a party’s claim or defense shall also state: (i)
the names of witnesses; (ii) summary of the witnesses’ intended testimonies and their respective
judicial affidavits; and, (iii) documentary and object evidence.
4.      The New Rules permits other modes of filing and service, such as through accredited couriers,
facsimile transmission, and transmission by electronic mail or other electronic means as may be
authorized by the Supreme Court.
5.      The New Rules authorizes the courts to determine motu proprio whether or not it can render
judgment on the pleadings or a summary judgment.
6.      The disqualification by reason of mental incapacity and immaturity of witnesses was deleted in the
New Rules, since questions concerning credibility is best addressed to the sound discretion of the
court.
It is evident that developments in procedural laws, jurisprudence and digital technology, as well as
international conventions, have been incorporated in the New Rules. The Supreme Court also took
cognizance of well-known problems and difficulties attending litigation, and addressed the same in
certain provisions of the New Rules.  Definitely, the New Rules is a step in the right direction to update
and streamline court proceedings, decongest court dockets and deliver just, speedy, and inexpensive
justice deserved by all parties.
With the ongoing pandemic, however, it has become obvious that more can and should be done to take
advantage of and fully utilize other readily available technology to further ease doing litigation and adapt
it to the new “normal”.  It is thus hoped that within the next few weeks, as quarantines that have been
imposed are loosened, the Supreme Court will issue measures utilizing technology to address the current
challenges in doing litigation.