CIVIL PROCEDURE

2020 UPDATES
Atty. Rosario Olivas-Quinto
Assistant Dean for Clinical Legal Education & Law Professor
College of Law, De La Salle University
Lecturer, Mandatory Continuing Legal Education
TWO PARTS

• Part 1 - 2019 Amendments, effective

May 1, 2020
• Part 2 - Selected Jurisprudence in 2019
& 2020
2
PART 1

• Part 1 - 2019 Amendments, effective

May 1, 2020
• Oct. 15, 2019 - A.M. 19-10-20-SC
which resolved to approve the 2019
Amendments
3
COVERAGE
• Rule 6 - Kinds of pleadings
• Rule 7 - Parts and contents of
pleadings
• Rule 8 - Manner of making allegations
in pleadings
4
COVERAGE
• Rule 9 - Effect of failure to plead
• Rule 10 - Amended and supplemental
pleadings
• Rule 11 - When to file responsive
pleadings
5
COVERAGE
• Rule 12 - Bill of particulars
• Rule 13 - Filing and service of
pleadings, judgments and other
papers
• Rule 14 - Summons
6
COVERAGE

• Rule 15 - Motions
• Rule 16 - Motion to dismiss (deleted
or transposed)
• Rule 17 - Dismissal of actions
7
COVERAGE

• Rule 18 - Pre-trial
• Rule 19 - Intervention
• Rule 20 - Calendar of cases

8
COVERAGE

• Rule 21 - Subpoena
• Rule 22 - Computation of time
• Rule 23 - Depositions pending
actions
9
COVERAGE

• Rule 24 - Depositions before action

or pending appeal
• Rule 25 - Interrogatories to parties
• Rule 26 - Admission by adverse party
10
COVERAGE
• Rule 27 - Production or inspection of
documents or things
• Rule 28 - Physical and mental
examination of persons
• Rule 29 -Refusal to comply with modes
of discovery 11
COVERAGE

• Rule 30 - Trial
• Rule 31 - Consolidation or severance
• Rule 32 - Trial by commissioner

12
COVERAGE

• Rule 33 - Demurrer to evidence

• Rule 34 - Judgment on the pleadings
• Rule 35 - Summary judgments

13
RULE 6 - KINDS OF PLEADINGS

• Only 9 kinds 5. Answer

1. Complaint 6. Reply
2. Counterclaim 7.
Complaint-in-intervention
3. Cross-claim
8. Answer-in-intervention
4. Third-party (4th
party etc) complaint 9. Rejoinder
REPLY
• Reply - Plaintiff should file this only when
there is an actionable document attached
to the Answer. (Rule 6, Sec. 3)

• Plaintiff who does not submit a Reply in

this instance is deemed to have
admitted the genuineness and due
execution of the actionable document.
REJOINDER

• If an actionable document is attached

to the Plaintiff’s Reply, the Defendant
may file a Rejoinder. (Section 10, par.
3)
DEFENSES IN THE ANSWER
• Rule 6, Sec. 5
• Negative and affirmative defenses
• Negative defense - specific denial of
material facts alleged in the pleading of
the claimant essential to his/her cause
of action - No substantial change
DEFENSES IN THE ANSWER

• Affirmative defenses - substantial changes

were added to the old provision.
• Section 5(b) First paragraph - An
affirmative defense is an allegation of new
matter which, while hypothetically …
DEFENSES IN THE ANSWER

• … admitting the material allegations

in the pleading of the claimant, would
nevertheless prevent or bar recovery
by him or her. The affirmative
defenses include fraud, statute of
limitations, release, payment, …
DEFENSES IN THE ANSWER

• … illegality, statute of frauds,

estoppel, former recovery, discharge
in bankruptcy, and any other matter
by way of confession and avoidance.
DEFENSES IN THE ANSWER
• Affirmative defenses may also include
grounds for the dismissal of a complaint,
specifically, that the court has no
jurisdiction over the subject matter, that
there is another action pending between
the same parties for the same cause, or
that the action is barred by a prior
judgment. (5a)
DEFENSES IN THE ANSWER
• Important points:
• Old rule: 10 affirmative defenses:
1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
DEFENSES IN THE ANSWER

6.Statute of frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession and avoidance.
DEFENSES IN THE ANSWER
NOW: additional affirmative defenses - Grounds for dismissal of
a complaint:
1) No subject matter jurisdiction
2) Litis pendentia
3) Res judicata plus
4) Prescription (Statute of limitations)
* Formerly grounds for dismissal under Rule 16. Now, there is no
more Rule 16.
DEFENSES IN THE ANSWER

Under the old Rule 16, there were 10

grounds for a motion to dismiss, which
included these 4. Now, these 4 can be raised
either as affirmative defenses or in a motion to
dismiss. But the other grounds for dismissal
under Rule 16 can now only be raised as
affirmative defenses in the Answer.
DEFENSES IN THE ANSWER
So let’s have a recap of the old Rule 16. The 10 grounds
for dismissal are:
1. Court has no jurisdiction over the person of the
defendant
2. Court has no subject matter jurisdiction
3. Venue is improperly laid
4. Plaintiff has no legal capacity to sue
DEFENSES IN THE ANSWER
5. Another action pending between the same
parties for the same cause (Litis pendentia)
6. Cause of action is barred by prior judgment
or by the statute of limitations (res judicata or
prescription)
7. The pleading asserting the claim states no
cause of action
DEFENSES IN THE ANSWER

8. The claim or demand in the plaintiff’s pleading has

been paid, waived, abandoned or otherwise extinguished
9. The claim on which the action is founded is
unenforceable und the provisions of the statute of frauds
10. A condition precedent for filing the claim has not
been complied with.
DEFENSES IN THE ANSWER

What happened to these grounds now

that Rule 16 on motion to dismiss has
been deleted, and the contents
transposed?
DEFENSES IN THE ANSWER

Re ground 1: Court has no jurisdiction over the

person of the defendant
2019 Amendments, Rule 8, Sec. 12 Affirmative
defenses: “That the court has no jurisdiction over the
person of the defending party.”
- Now, raise it as affirmative defense in the
Answer; cannot be a ground for motion to dismiss
DEFENSES IN THE ANSWER
- Rule 14 on summons now states in Sec. 13
“Duty of counsel of record. - Where the
summons is improperly served and a lawyer
makes a special appearance on behalf of the
defendant to, among others, question the
validity of the service of summons, the counsel
shall be be deputized by the court to serve
summons on his or her client.”
DEFENSES IN THE ANSWER

Re old ground 2: The court has no

jurisdiction over the subject matter of the
claim
NOW: This can be raised either as an
affirmative defense or in a motion to
dismiss.
DEFENSES IN THE ANSWER

Now: As an affirmative defense: (Rule

6, Sec. 5(b) second paragraph:
“Affirmative defenses may also include
grounds for the dismissal of a complaint,
specifically, that the court has no
jurisdiction over the subject matter”.
DEFENSES IN THE ANSWER
Now: May also be raised in a Motion
to Dismiss (Rule 15, Sec. 12[a]): “The
following shall not be allowed: (a) Motion
to dismiss except on the following
grounds: 1) That the court has no
jurisdiction over the subject matter of the
claim”
DEFENSES IN THE ANSWER
Re old ground 3: “That venue is improperly laid”
Now: Rule 8, Sec. 12(a)(2): “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: xxx
2. That venue is improperly laid.
DEFENSES IN THE ANSWER

Re old ground 4: “That the plaintiff has no legal

capacity to sue”
Now: Rule 8, Sec. 12(a)(3): “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: xxx
3. That the plaintiff has no legal capacity to sue.”
DEFENSES IN THE ANSWER
Re old ground 5: “That there is another action
pending between the same parties and for the
same cause”
Now: Rule 15, Sec. 12(a)(2): “The following
motions shall not be allowed (a) Motion to dismiss
except on the following grounds: That there is
another action pending between the same parties
for the same cause”
DEFENSES IN THE ANSWER
Re old ground 6: “That the cause of action is
barred by a prior judgment or by the statute of
limitations”
Now: Rule 15, Sec. 12(a)(3): “The following
motions shall not be allowed (a) Motion to dismiss
except on the following grounds: That the cause
of action is barred by a prior judgment or by the
statute of limitations”
DEFENSES IN THE ANSWER

Now: As for bar by prior judgment

(res judicata), this is a ground for motion
to dismiss under Rule 15, Sec. 12 (a) (3):
DEFENSES IN THE ANSWER

“Sec. 12. Prohibited motions. - The

following motions shall not be allowed:
(a) Motion to dismiss except on the
following grounds xxx (3) That the cause
of action is barred by prior judgment or
by the statute of limitations”
DEFENSES IN THE ANSWER

As for statute of limitations, this can be

raised either in a motion to dismiss as
shown in the previous slide, or as an
affirmative defense under Rule 8, Sec. 5(b):
“xxx The affirmative defenses include fraud,
statute of limitations, release, payment,
illegality, statute of frauds …”
DEFENSES IN THE ANSWER

Re old ground 7: “That the pleading

asserting the claim states no cause of action”
Now: Rule 8, Sec. 12 “Affirmative
defenses. - xxx 4. That the pleading asserting
the claim states no cause of action.”
DEFENSES IN THE ANSWER
Re old ground 8: “That the claim or
demand set forth in the plaintiff’s pleading has
been paid, waived, abandoned, or otherwise
extinguished.”
Now: Rule 6, Sec. 5(b)“xxx The affirmative
defenses include fraud, statute of limitations,
release, payment, illegality …
DEFENSES IN THE ANSWER

… statute of frauds, estoppel, former

recovery, discharge in bankruptcy, and
any other matter by way of confession
and avoidance."
DEFENSES IN THE ANSWER

Re old ground 9: “That the claim in which

the action is founded is unenforceable under
the provisions of the statute of frauds”
Now: Rule 6, Sec. 5(b)“xxx The affirmative
defenses include fraud, statute of limitations,
release, payment, illegality …
DEFENSES IN THE ANSWER

… statute of frauds, estoppel, former

recovery, discharge in bankruptcy, and
any other matter by way of confession
and avoidance."
DEFENSES IN THE ANSWER

Re old ground 10: “That a condition

precedent for filing the claim has not been
complied with.”
Now: Rule 8, Sec. 12. Affirmative defenses.
- xxx 5. That a condition precedent for filing
the claim has not been complied with.
 SUMMARY OF THE 10 GROUNDS FOR MOTION
TO DISMISS IN THE OLD RULES IN RELATION TO
THE 2019 AMENDMENTS
NOW: GROUNDS NOW: AFFIRMATIVE DEFENSES IN
FOR MOTION TO THE ANSWER
DISMISS OR AS 1. No jurisdiction over the person of the
AFFIRMATIVE defendant
2. Improper venue
DEFENSES 3. Plaintiff has no legal capacity to sue
1. No subject matter 4. The pleading asserting the claim states no
jurisdiction cause of action
2. Litis pendentia 5. Claim or demand has been paid, waived,
3. Res judicata abandoned, extinguished
6. Claim is unenforceable under the statute of
4. Prescription
frauds
(Statute of 7. Condition precedent has not been
limitations) complied with