TOP 10 IMPORTANT AMENDMENTS TO THE 1997 RULES OF CIVIL
PROCEDURE and severally liable for a violation committed by its PARTNER,
Source: A.M. 19-10-20-SC
1. Rule 6 – KINDS OF PLEADINGS
a. Section 2, Rule 6 (Pleadings) – third paragraph was amended and now
reads “an answer may be responded to by a reply only if the
defending party attaches an actionable document in the answer.”
b. Section 5(b), Rule 6 (Defenses) – second paragraph is a new insertion.
The inserted provision emphasized that grounds for the dismissal of a
complaint such as lack of jurisdiction over the subject matter, lis pendens
and res judicata, may also be included as affirmative defenses.
c. Section 10, Rule 6 (Reply) –
i. A reply may only be filed if the answer attaches an actionable
document (relate with section 2)
ii. In the event of an actionable document attached to the reply, the
defendant may file a rejoinder if the same is based solely on
an actionable document
d. Section 11, Rule 6 (Third, (fourth, etc.)-party complaint – new
paragraph inserted: instances when a third (fourth, etc.)-party complaint
shall be denied admission and the defendant shall be required to institute
a separate action to wit:
a. The third (fourth, etc.)-party defendant cannot be located
within thirty (30) calendar days from the grant of such
leave;
b. Matters extraneous to the issue in the principal case are
raised; or,
c. The effect would be to introduce a new and separate
controversy into the action.
2. Rule 7 – PARTS AND CONTENTS OF A PLEADING
a. Section 3, Rule 7 (Signature and address) –
That the signature of counsel constitutes a certificate by him or her that
he or she has read the pleading and document and violation of the
warranties exposes the responsible attorney, law firm, or party to court
sanctions.
Insertions:
~ absent exceptional circumstances, a LAW FIRM shall be held jointly
ASSOCIATE, or EMPLOYEE.
~ The sanction may include, but shall not limited to:
- Non-monetary directive or sanction
- An order to pay a penalty in court
- An order directing payment to the movant of part of all of
the reasonable attorney’s fees and other expenses directly
resulting from the violation
~ THE LAWYER OR LAW FIRM CANNOT PASS ON THE
MONETARY PENALTY TO THE CLIENT
b. Section 6, Rule 7 (Contents) – NEW INSERTION
Contents of a pleading:
(a) names of witnesses who will be presented to prove a party’s claim or
defense;
(b) summary of the witnesses’ intended testimonies, provided that the
judicial affidavits of said witnesses shall be attached to the pleading and
form an integral part thereof. Only witnesses whose judicial affidavits are
attached to the pleading shall be presented by the parties during trial.
Except if a party presents meritorious reasons as basis for the admission
of additional witnesses, no other witness or affidavit shall be heard or
admitted by the court; and,
(c) Documentary and object evidence in support of the allegations
contained in the pleading.
3. RULE 8 – MANNER OF MAKING ALLEGATIONS IN PLEADINGS
a. Section 6, Rule 8 (Judgement) –
New sentence was inserted wherein in pleading a judgement or decision
of a domestic or foreign court, an authenticated copy of the judgement
or decision shall be attached to the pleading.
 b. Section 12, Rule 8 (Affirmative Defenses) – NEW PROVISION
OTHER PAPERS
(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 1 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.
~ failure to raise the above-grounds at the earliest opportunity shall constitute a
waiver thereof
~ Affirmative defenses, if denied, shall not be 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.
4. RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS
a. Section 3, Rule 10 (Amendments by Leave of Court) -
The court shall deny the motion for leave of court for substantial
amendments if it appears to the court that the motion was made:
1. with intent to delay
2. confer jurisdiction on the court; or.
3. the pleading stated no cause of action from the beginning
which could be amended.
5. RULE 11 – WHEN TO FILE RESPONSIVE PLEADINGS
SERVICE
a. section 11, Rule 11 (Extension of Time to File an Answer) – formerly
“Extension of Time to Plead”
~ a defendant on meritorious reasons, be granted an additional period of not
more than thirty (30) calendar days to file an ANSWER
~ Only one (1) motion for extension of time to file an answer shall be allowed
~ a motion for extension to file any pleading OTHER THAN AN ANSWER, IS
PROHIBITED AND CONSIDERED A MERE SCRAP OF PAPER.
6. RULE 13 – FILING AND SERVICE OF PLEADINGS, JUDGEMENTS AND
a. Section 3, Rule 13 (Manner of filing) – PROVIDED NEW WAYS OF
FILING
The filing of pleadings and other court submissions shall be made by:
(1) submitting personally the original thereof, plainly indicated as such, to the
court;
*the clerk of court shall endorsed on the pleading the date and hour of
filing
(2) Sending them by registered mail;
*the date of mailing of motions, pleadings and other court submissions,
and payments or deposits, as shown by the post office stamp on the
envelope or the registry receipt, shall be considered as the date of filing,
payment, or deposit in court. The envelope shall be attached to the
record of the case.
(3) Sending them by accredited courier; or,
*the date of mailing of motions, pleadings and other court submissions,
and payments or deposits, as shown by the post office stamp on the
envelope or the registry receipt, shall be considered as the date of filing,
payment, or deposit in court. The envelope shall be attached to the
record of the case.
(4) Transmitting them by electronic mail or other electronic means as may be
authorized by the Court in places where the court is electronically equipped.
*the date of electronic transmission shall be considered as the date of
filing
b. Section 5, Rule 13 (Modes of Service) – PROVIDED NEW WAYS OF
Pleadings, motions, notices, orders, judgements, and other court submissions shall
be served either
~ personally or by registered mail;
~ accredited courier;
~ electronic mail;
~ facsimile transmission;
~ other electronic means as may be authorized by the Court, or as provided for in
international conventions to which the Philippines is a party.

1
lack of jurisdiction over the subject matter, lis pendens and res judicata
 g. Section 15, Rule 13 (Completeness of Service) – formerly section 10; relate
c. Section 9, Rule 13 (Service by Electronic Means and Facsimile) – NEW with new section 5
PROVISION
- the new provision provides the service by electronic means and facsimile but a. Personal service complete upon actual delivery
such b. Ordinary mail complete upon the expiration of ten
shall only be done if the party concerned consents to such mode of (10) calendar days after mailing
service c. Registered mail 1. complete upon actual receipt by the
- Service by electronic means – by sending an email to the party’s or counsel’s addressee; or,
electronic mail address, or through other electronic means of transmission as the 2. after five (5) calendar days from the
parties may agree on, or upon direction of the court date he or she
- Service by facsimile – by sending a facsimile copy to the party’s or counsel’s received the first notice of the
given facsimile number postmaster,
WHICHEVER DATE IS EARLIER
d. Accredited courier 1. complete upon actual receipt by the
d. Section 10, Rule 13 (Presumptive Service) – NEW addressee;
2. after at least two (2) attempts to
There shall be presumptive notice to a party of a court setting if:
deliver by the courier service; or,
1. such notice appears on the records to have been mailed at least twenty (20)* 3. upon expiration of five (5) calendar
calendar days prior to the scheduled date of hearing; and, days after the first attempt to deliver,
2. the addressee if from within the same judicial region of the court where the case WHICHEVER DATE IS EARLIER
is pending. e. Electronic service* 1. complete at the time of the
*thirty (30) calendar days if the addressee is from outside the judicial electronic transmission of the
region document; or,
2. when available, at the time that the
electronic notification of service of the
e. Section 11, Rule 13 (Change of Electronic mail address or facsimile document is sent.
number) *not effective or complete if the party serving the document learns that it did not
– NEW reach the addressee or person to be served
- The provision provides that a party who changes his or her e-mail or facsimile
number must promptly file a notice of change within five (5) calendar days
from such change. h. Section 16, Rule 13 (Proof of filing) – NEW; formerly section 12
- service thru the said means shall be presumed valid unless such party notifies the The filing of pleading or any other court submission shall be proved by its
court of any change/s. existence in the records of the case.

(a) If not in the record, but is Filing shall be proven by the written or
f. Section 13, Rule 13 (Service of Judgements, Final Orders or Resolutions) – claimed to have been filed stamped acknowledgement of its filing
PROVIDED NEW WAY OF SERVICE personally by the clerk of court on a copy of the
- Judgements, Final Orders or Resolutions shall be served by: pleading or court submission
a. personal service (b) If filed by registered mail Shall be proven by:
b. registered mail 1. the registry receipt; and,
2. the affidavit of the person who mailed
c. accredited courier (upon ex-parte motion of any party in the case, at it, containing:
the expense of such party)
 - a full statement if the date and place of
deposit of the mail in the post office in a
sealed envelope addressed to the court
- with postage fully prepaid
- with instructions to the postmaster to
return the mail to the sender after ten (10)
calendar days if not delivered
(c) If filed through an Shall be proven by an affidavit of service
accredited courier service of the person who brought the pleading,
or other documents to the service
provider, together with the courier’s
official receipt and document tracking
number
(d) If filed by electronic mail Shall be proven by an affidavit of
electronic filing of the filing party
accompanied by a paper copy of the
pleading or other document transmitted or
a written or stamped acknowledgement of
its filing by the clerk of court.
If the paper copy sent by e-mail was filed
by registered mail, paragraph (b) of the
section applies.
(e) If filed through other Shall be proven by an affidavit of
authorized electronic electronic filing of the filing party
means accompanied by a copy of the electronic
acknowledgement of its filing by the
court.
i. Section 17, Rule 13 (Proof of Service) – NEW; formerly section 13
Proof of personal service shall consist of a written admission of the party served, or
the official return of the server or the affidavit of the party serving, containing the
statement of the date, place, and manner of service.
If service is made by:
(a) Ordinary mail Proof shall consist of an affidavit of the
person mailing stating the facts showing
compliance with section 7 of this Rule
(b) Registered mail Proof shall be made by the affidavit
mentioned above and the registry receipt
issued by the mailing office.
The registry return card shall be filed
immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed
letter with
the certified or sworn copy of the notice
given by the postmaster to the addressee.
(c) Accredited courier service Proof shall be made by an affidavit of
service executed by the person who
brought the pleading or paper to the
service
provider, together with the courier’s
official receipt or document tracking
(d) Electronic mail, facsimile, Proof shall be made by an affidavit of
or other authorized service executed by the person who sent
electronic means of the e-mail, facsimile or other electronic
transmission transmission, together with printed proof
of transmittal.
j. Section 18, Rule 13 (Proof of filing) – NEW INSERTION
- The court may now serve orders and other documents to all the parties in the case
ELECTRONICALLY
7. RULE 14 – SUMMONS
a. section 1, Rule 14 (Clerk to issue summons) –
General rule:
Within five (5) calendar days from receipt of the initiatory pleading and proof of
payment of the requisite legal fees, the court shall direct the clerk of court to issue the
corresponding summons to the defendants.
Exception:
The court may dismiss the complaint motu proprio before the issuance of summons if
the former is on its face dismissible based on the following grounds:
1. the court has no jurisdiction over the subject matter;
2. there is another action pending between the same parties for the same cause;
3. the action is barred by prior judgement; or,
4. the action is barred by statutes of limitations.
b. section 2, Rule 14 (Contents) – ADDITIONAL INSERTION
With the amendment, the plaintiff may now serve summons on defendant when
authorized by the court upon ex-parte motion. (motions for orders that can be granted
without waiting for a response from the other side.)
- Only when the sheriff, his or her deputy, or other proper court officer fails to
serve summons (sec. 3, rule 14)
c. section 3, Rule 14 (By whom served) – relate par.1 with section 2, rule 14 ~ In case of loss or destruction of summons, the court may, upon motion, issue an alias
General rule: The summons may be served by the sheriff, his or her deputy, or other summons
proper court officer. (par. 1) ~ There is failure of service after unsuccessful attempts to personally serve the
summons on the defendant in his or her address indicated in the complaint
Exceptions:
In case of failure of service of the court may authorize the plaintiff – to
1 summons by the above- serve the summons – together with the
e. section 6, Rule 14 (Substituted Service) – ADDED NEW WAYS TO EFFECT
mentioned sheriff. (par. 1)
SUBSTITUTED SERVICE
in cases where summons is to be the plaintiff shall be authorized to cause
2 served outside the judicial region the service of summons. (par.2)
If, for justifiable reasons, the defendant cannot be served personally after at least
of the court where the case is
pending three (3) attempts on two (2) different dates, service may be effect:
If the plaintiff is a juridical entity
It shall notify the court, in writing, and
name its authorized representative therein, (a) by leaving copies of the summons at the defendant’s residence to a PERSON AT
3 attaching a board resolution or secretary’s LEAST EIGHTEEN (18) YEARS OF AGE AND OF SUFFICIENT
certificate thereto, stating that such DISCRETION residing therein;
representative is duly authorized to serve
the summons on behalf of the plaintiff. (b) By leaving copies of the summons at the defendant’s office or regular place of
(par.3) business with some competent person in charge
4 Where the summons is The counsel shall be deputized by the thereof.
improperly served and a lawyer court to serve summons on his or her - COMPETENT PERSON – includes, but is not limited to, ONE WHO
makes a special appearance on client (section 13, Rule 14) CUSTOMARILY RECEIVES CORRESPONDENCES FOR THE DEFENDANT.
behalf of the defendant to,
among
others, questions the validity of (c) By leaving copies of the summons, if refused entry upon making his or her
service authority and purpose known, with any of the officers of the homeowners’
association or condominium corporation, or its chief security officer in charge of
the community or the building where the defendant may be found; and,
SANCTIONS:
1. If the plaintiff misrepresents that the defendant was served summons, and it is
(d) By sending an electronic mail to the defendant’s electronic mail address, if
later proved that no summons was served – the case shall be DISMISSED WITH
allowed by the court.
PREJUDICE, the proceedings shall be nullified, and the plaintiff shall be meted
appropriate sanctions. (par.4, section 3, rule 14)
OTHER WAYS OF SERVICE OF SUMMONS:
(1) Service upon Service shall be effected upon him or Add: jail
2. If summons is returned without being served on any or all the defendants – the
Prisoners (section 8, her by the officer having the warden to
court shall order the plaintiff to cause the service of summons by other means available Rule 14) management of file return
under the Rules.(par.5, sec.3, rule 14) Failure to comply with the order shall cause the the jail or institution who is deemed of the
DISMISSAL WITHOUT PREJUDICE of the initiatory pleading. (par.6, sec. 3, deputized as a special sheriff for said service
Rule purpose. The jail warden shall file a
14) return within five (5) calendar days
(2) Service Consistent from
Service may be made through methods NEW
with International which are consistent with established
d. section 4, Rule 14 (Validity of Summons and Issuance of Alias Summons) – Conventions (section international conventions to which the
NEW 9, Rule 14) Philippines is a party
~ Summons shall remain valid until duly served, unless it is recalled by the
court.
 (3) Service upon Minors Service of summons shall be made EXCEPTION/S:
and Incompetents upon the minor (and his/her EXCEPTIONS: if there be no such agent, on
(Section 10, Rule 14) parent) or (1) On their secretaries, in their the government official
incompetent (and his/her legal absence or unavailability. designated by law to that
guardian*) PERSONALLY. effect, or any of its officers or,
(2) If cannot be made upon the agents, directors or trustees
*if no legal guardian, on the guardian afore-mentioned person/s, on the within the Philippines
ad litem whose appointment shall be PERSON WHO
(4) Service upon Public applied for by the is
If the defendant plaintiff
the Republic of the Formerly CUSTOMARILY RECEIVES
Corporation (section Philippines – service may be effected section THE CORRESPONDENCE
15, Rule 14) on the Solicitor General 13, now FOR THE DEFENDANT AT
section 15 ITS PRINCIPAL OFFCE.
If the defendant is a province, city or Outside N/A If the foreign entity is
municipality, or like public service - Not registered in the
corporations – on the executive head, Philippines
or on such other officer/s as the law of - Has no resident agent but has
the court may direct transacted or is doing business
(5) Service on Spouses When spouses are sued jointly, service NEW in it, as defined by law
(section 11, Rule 14) of summons should be made to EACH
spouse INDIVIDUALLY With LEAVE OF COURT, be
(6) Service upon Service may, by leave of court, be Formerly effected outside of the
Defendant whose effected upon him or her BY section 14 Philippines through any of the
identity is unknown PUBLICATION in a newspaper of following means:
(section 16, Rule 14) general circulation and in such places
and for such time as the court may (a) By personal service
order coursed through the
appropriate court in the
SERVICE ON OF SUMMONS ON PRIVATE JURIDICAL ENTITIES foreign country with the
assistance of the department of
Domestic Private Juridical Foreign Private Juridical foreign affairs;
Entities Entities
(Section 12, Rule 14) (Section 14, Rule 14) (b) By publication once in a
Old section 11 Old section 12 newspaper of general
Subject A corporation, partnership or A foreign private juridical circulation in the country
where the defendant may be
association organized under the entity which has transacted or
laws of the Philippines with a is doing business in found and by serving a copy of
juridical personality the summons and the court
the
Service may GENERAL RULE: GENERAL RULE: order by registered mail at
be made the last known address of
upon The president, managing partner, On its resident agent designated the defendant;
general manager, corporate in accordance with law for that
secretary, treasurer or in-house purpose (c) By facsimile;
counsel of the corporation
wherever they may be found. (d) By electronic means with
the prescribed proof of service;
 PROOF OF SERVICE
(e) By such other means as the General rule: (par. 1, Shall be made in writing by the server and shall set
court, in its discretion, may section 21, Rule 14) forth the manner, place, and date of service, shall
direct specify any papers which have been served with the
In case of On the receiver or liquidator, as process and the name of the person who received the
receivership the case may be same and shall be sworn to when made by a person
Electronic Should there be refusal on the other than a sheriff of his/her deputy
service part of the persons When served by electronic A print-out of the e-mail, with a copy of the
abovementioned to receive mail (par. 2, sec. 21, Rule summons as served, and the affidavit of the person
summons despite at least three 14) made by publication By
When mailing
the affidavit of the publisher, his foreman or
(3) attempts on two (2) different (section 22, Rule 14) principal clerk, or of the editor, business or
dates, service may be advertising manager, to which affidavit a copy of the
made ELECTRONICALLY, if publication shall be attached and by an affidavit
allowed by the court showing the deposit of a copy of the summons and
order for publication in the post office, postage
f. section 20, Rule 14 (Return) – Formerly section 4 prepaid directed to the defendant by registered mail
to his or her last known address.
When to file Within five (5) calendar days from service of
8. RULE 15 – MOTIONS summons
To whom filed/served To the Court and a copy to the plaintiff’s counsel
How served - Personally a. Section 2, Rule 15 (Motions must be in writing) – with new insertions
- By registered mail (1) par. 2 (NEW) – a motion made in open court or in the course of a hearing or trial
- electronically should immediately be resolved in open court, after the adverse party is given the
Contents of the return in (1) the impossibility of prompt personal service opportunity to argue his or her opposition thereto.
case of substituted service within a period of thirty (30) calendar days from
issue and receipt of summons; (2) par. 3 (NEW) – When a motion is based on facts not appearing on record, the
court may hear the matter on affidavits of depositions presented by the respective
(2) the date and time of the three (3) attempts on at parties, but the court may direct that the matter be heard wholly or partly on oral
least two (2) different dates to cause personal service
testimony or depositions.
and the details of the inquiries made to locate the
defendant residing thereat; and,
b. NEW PROVISIONS
(3) NON-LITIGIOUS MOTIONS LITIGIOUS MOTIONS
- the name of the person at least eighteen (18) years (Section 4, Rule 15) (Section 5, Rule 15)
of age and of sufficient discretion residing thereat; Motions which the court may act upon
- name of the competent person in charge of the without prejudicing the right of adverse
defendant’s office or regular place of business; or, parties
- name of the officer of the homeowners’ association Shall NOT be set for hearing and shall be No longer to be set for hearing by the
of condominium corporation or its chief security resolved by the court within five (5) moving party. Setting of hearing is now a
officer in charge of the community or building calendar days from receipt thereof court’s discretion.
where the defendant may be found.
The other party should file an opposition
to the motion within 5 calendar days
from
 receipt, without waiting for the court to
order it to do so.
Shall be resolved by the court within
fifteen (15) days from receipt of the
opposition, or upon expiration of the
period to file such opposition
Includes: Includes:
(a) Motion for the issuance of an alias (a) Motion for bill of particulars;
summons; (b) Motion to dismiss;
(b) Motion for extension to file answer;(c) Motion for new trial;
(c) Motion for postponement; (d) Motion for reconsideration;
(d) Motion for the issuance of a writ of(e) Motion for execution pending
execution; appeal;
(e) Motion for the issuance of an alias (f) Motion to amend after a responsive
writ of execution; pleading has been filed;
(f) Motion for the issuance of a writ of(g) Motion to cancel statutory liens;
possession;
(h) Motion for an order to break in or
for a writ of demolition;
(g) Motion for the issuance of an order (i) Motion for intervention;
directing the sheriff to execute the (j) Motion for judgement on the
final certificate of sale; and, pleadings;
(h) Other similar motion. (k) Motion for summary judgment;
(l) Demurrer to evidence;
(m) Motion to declare defendant in
default; and,
(n) Other similar motions.
c. Section 12, Rule 15 (Prohibited Motions) – NEW
THE FOLLOWING MOTIONS SHALL NOT BE ALLOWED:
(e) Motion for extension of time to file pleadings, affidavits or any other
papers, except a motion for extension to file an answer; and,
(f) Motion for postponement intended for delay
Except:
1. if it is based on acts of God, force majeure or physical inability of the witness to
appear and testify.
- if the motion is granted based on such exceptions, the moving party shall be
warned that the presentation of its evidence must still be terminated on the dates
previously agreed upon
- Motion for postponement shall at all times be accompanied by the original
official receipt from the office of the COC evidencing payment of the
postponement fee, to be submitted either at the time of the filing of said motion or
not later than the next hearing date. Otherwise, the COC shall not accept the
motion.
d. Section 13, Rule 15 (Dismissal with Prejudice) – formerly section 5, Rule 16
“effect of dismissal” (now deleted)
9. RULE 16 – MOTION TO DISMISS – NOW DELETED – relate with section
12, Rule 8, and Rule 9
10. RULE 18 – PRE-TRIAL
a. Section 1, Rule 18 (When conducted)
When conducted: after the last responsive pleading has been served and filed
Notice of pre-trial* shall be issued by the branch clerk of court within five (5)
calendar days from filing and shall be set not later not sixty (60) calendar days from
the filing of the last responsive pleading

(a) Motion to Dismiss EXCEPT on the following grounds: Section 3, Rule 18

1. That the court has no jurisdiction over the subject matter of the claim; *Shall include the dates respectively set for:
2. That there is another action pending between the same parties for the same (a) Pre-trial;
cause; (b) Court-Annexed Mediation (CAM)
and, - MANDATORY; Shall be conducted after pre-trial (section 8, Rule 18); and,
3. That the cause of action is barred by a prior judgement by the statute of (c) Judicial Dispute Resolution (JDR), if necessary [this means that JDR is no longer
limitations. mandatory].

(b) Motion to hear affirmative defenses; Section 4, Rule 18

(c) Motion for reconsideration of the court’s action on the affirmative Appearance of Parties – MANDATORY
defenses; (d) Motion to suspend proceedings without a temporary restraining Exception: acts of God, force majeure, or duly substantiated physical
order or injunction issued by a higher court; inability
Section 5, Rule 18 BONUS:
Effect of failure to appear Section 3, Rule 30 (Requisites of Motion to Postpone for Illness of Party or
(1) Failure of plaintiff and counsel - shall cause the dismissal of the action WITH Counsel) A motion to postpone a trial on the ground of illness of a party or counsel
PREJUDICE. may be granted if it appears upon affidavit or sworn certification that the presence of
such party or counsel at the trial is indispensable and that the character of his or her
(2) Failure of defendant and counsel - shall be cause to allow the plaintiff to present illness is such as to render his or her nonattendance excusable.
his or her evidence ex parte within 10 calendar days from termination of pre-trial, and
the court to render judgement on the basis of the evidence offered. With the amendment, absence of Evidence is no longer a ground to be used as
basis for postponement. – old section 3 was deleted
b. Section 7, Rule 18 (Pre-trial Order) – More specific contents of the Order
The order shall include:
(a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules and jurisprudence;
(e) The evidence marked
(f) The specific trial dates for continuous trial, which shall be within the period
provided by the Rules;
(g) the case flowchart to be determined by the court, which shall contain the different
stages of the proceedings up to the promulgation of the decision and the use of time
frames for each stage in setting the trial dates;
(h) A statement that the one-day examination of witness rules and most important
witness rule under A.M No. 03-1-09-SC shall be strictly followed; and,
(i) A statement that the court shall render judgement on the pleadings or summary
judgement, as the case may be.

*The direct testimony of witnesses for the plaintiff shall be in the form of judicial
affidavits
* postponement of presentation of the parties’ witnesses at a scheduled date is
prohibited
Except: acts of God, force majeure of duly substantiated physical inability of the
witness to appear and testify

c. Section 10, Rule 18 (Judgement after Pre-Trial) – NEW

The court shall motu proprio include in the pre-trial order that the case be submitted
for summary judgement or judgement on the pleadings, without need of position
papers or memoranda should:
- There be no more controverted facts;
- No more genuine issue as to any material fact;
- Absence of any issue; or,
- The answer fails to tender and issue.