INCIDENTS AFTER ANSWER

5 days 5 days 90 days EXTRA 30 days

TERRITORIAL PUBLICATION

SUMMONS ORDINARY

30 days 60 days 60 days ANS

CO WER
MPLAINT AMENDED
COMPLAINT (AS

DISMISSAL Service Order granting Motion

A MATTER OF RIGHT
(Dismissal)

(Fantastic 4) Motion to

COMPLETION OF SERVICE Order Denying Bill of

Motion

15 days
RETURN 5 days Order granting 10 days
Dismiss
(Fantastic 4)
 Motion for Bill of Motion 2
Particulars

Opposition

Particulars

DEFENDANTS IN DEFAULT
NO If DENIED
DEFAULTADDITIONAL EVIDENCE 90 DAYS
ANSWER ORDER OF SUBMISSION
MOTION TO DECLARE

SUMMONS GRANTING DEFENSE SUMMARY

ANSWER MOTION 5 days JUDGMENT
15 MOTION TO SET
ASIDE ORDER
OPPOSITION
WITH OF DEFAULT
days
ORDER AFFIRMATIVE

RULE 6, SEC. 5 (b)(1) RULE 6, SEC. 5 15 days 30 days

HEARING

(b)(2) 30 days

WITHOUT
RULE 8, SEC. 12RESOLUTION AFFIRMATIVE
DEFENSE NOTICE OF PRE TRIAL

With Actionable

Document 15 days REPLY 5 days

3
With Actionable

Document REJOINDER 5 days 15 days

COUNTER CLAIM
20 days
ANSWER

SERVICE

CROSS
CLAIM

3RD, 4TH ETC PARTY

NOTICE OF PRE
TRIAL
RESOLUTION
COMPLAINT THE PLEADINGS NOT MOTION
GROUNDS APPARENT APPARENT

MOTION FOR GRANTING 5 days 15 days OPPOSITION

JUDGMENT ON Judgment on the Pleadings

MOTION SUMMARY JUDGMENT OPPOSITION 15 days RESOLUTION GRANTING MOTION 4

FOR
Summary Judgment

JUDGMENT ON THE PLEADINGS (RULE

34)

•After Answer is filed, but

•It fails to tender an issue
•Or otherwise admits the material
 allegations in the complaint
JUDGMENT ON THE PLEADINGS (RULE 34)
•Change in the rule: now, court may render judgment
on the pleading motu proprio
• Section 2. The court may motu proprio or on
motion render judgment on the pleadings if it
is apparent that the answer fails to tender an
issue, or otherwise admits the material
allegations of the adverse party’s pleadings.
Otherwise, the motion shall be subject to the
provisions of Rule 15 of these Rules.
JUDGMENT ON THE PLEADINGS (RULE 34)

•May a party appeal on the action of the court on a

motion for judgment on the pleadings?
•No. Any action of the court on a motion
for judgment on the pleadings shall not
be
subject of an appeal or petition for
certiorari, prohibition or mandamus.
(Sec. 2, Rule 34)
JUDGMENT ON THE PLEADINGS (RULE 34)
• EXCEPTION (when JoP may not be resorted to) •
Not applicable in actions for declaration of nullity or
annulment of marriage or for legal separation

• REASON:
• Because the material facts alleged in the complaint in such
cases shall always be proved.
SUMMARY JUDGMENTS (RULE 35)
• a method intended to expedite or promptly dispose of
cases where the facts appear undisputed and certain
from the pleadings, depositions, admissions, and
affidavits on record.
SUMMARY JUDGMENTS (RULE 35)
•Grounds:
•If the pleadings, supporting affidavits, depositions and
admissions on file show that, except as to the amount of
damages, there is NO GENUINE ISSUE as to any
material fact and
•that the moving party is entitled to judgment as a
matter of law.
SUMMARY JUDGMENTS (RULE 35)
•GENUINE ISSUE
• an issue of fact that calls for the presentation of
 evidence as distinguished from an issue that is sham,
fictitious, contrived, set up in bad faith and patently
unsubstantial so as not to constitute a genuine issue for
trial.
• can be determined on the basis of the pleadings,
admissions, documents, affidavits, and/or counter-
affidavits submitted by the parties to the court.
SUMMARY JUDGMENTS (RULE 35)
• Where the facts pleaded by the parties are disputed or
contested, proceedings for a summary judgment cannot take
the place of a trial.17 • The party moving for the summary
judgment has the burden of clearly demonstrating the absence of
any genuine issue of fact.18
• Upon the plaintiff rests the burden to prove the cause of action, and
to show that the defense is interposed solely for the purpose of delay.
• After the plaintiff’s burden has been discharged, the defendant has
the burden to show facts sufficient to entitle him to defend. (G.R. No.
202597, Feb. 8, 2017, Sps. Pascual vs First Consolidated Bank)
SUMMARY JUDGMENTS (RULE 35)

•Section 5. Form of affidavits and supporting

papers • Made on personal knowledge
• Set forth facts as would be admissible in evidence •
Shall show affirmatively that the affiant is competent to
testify to the matters stated therein.
• Certified true copies of all papers or parts thereof
 attached and served
SUMMARY JUDGMENTS (RULE 35)
•Section 6. Affidavits in bad faith
• Presented in bad faith or
• Solely for the purpose of delay
• EFFECT
• Court shall
• order the offending party or counsel to pay to the other party
reasonable expenses which the filing of the affidavits caused him or
her to incur • Attorney’s fees
• Adjudge offending party or counsel guilty of CONTEMPT, after hearing
SUMMARY JUDGMENTS (RULE 35)
•Is the action of the court on the motion for
summary judgment appealable?

•No. Any action of the court on a motion for

summary judgment shall not be subject of
an appeal or petition for certiorari,
prohibition or mandamus. (Sec. 3, Rule
35)
SUMMARY JUDGMENTS (RULE 35)
• When court may proceed to trial despite motion
• Sec. 4. Case not fully adjudicated on motion.
 If on motion under this Rule, judgment is not rendered upon
the whole case or for all reliefs sought and a trial is necessary, the
court may, by examining the pleadings and the evidence before it
and by interrogating counsel, ascertain what material facts exist
without substantial controversy, including the extent to which the
amount of damages or other relief is not in controversy, and direct
such further proceedings in the action as are just. The facts so
ascertained shall be deemed established, and the trial shall be
conducted on the controverted facts accordingly.
JUDGMENT ON issue - Moved by the claiming
THE PLEADINGS party - Based on the
pleadings alone
- answer fails to tender an SUMMARY JUDGMENT
 - there is an issue but it is not - Also based on affidavits,
genuine - Moved by either party depositions and admissions

5 days 5 days 90 days EXTRA 30 days

TERRITORIAL PUBLICATION

SUMMONS ORDINARY

30 days 60 days 60 days ANS

CO WER
MPLAINT AMENDED
COMPLAINT (AS

DISMISSAL Service Order granting Motion

A MATTER OF RIGHT
(Dismissal)

(Fantastic 4) Motion to

COMPLETION OF SERVICE
 Dismiss 15 days Bill of
5 days Order granting 10 days
(Fantastic 4)

Order Denying
Motion

RETURN
Motion for Bill of Motion 18
Particulars

Opposition

Particulars

DEFENDANTS IN DEFAULT
NO If DENIED
DEFAULTADDITIONAL EVIDENCE 90 DAYS
ANSWER ORDER OF SUBMISSION
MOTION TO DECLARE

SUMMONS ORDER AFFIRMATIVE SUMMARY

ANSWER GRANTING DEFENSE JUDGMENT
MOTION 5 days
15
OPPOSITION MOTION TO SET
ASIDE ORDER
days WITH OF DEFAULT

RULE 6, SEC. 5 (b)(1) RULE 6, SEC. 5 (b)(2) 15 days

30 days HEARING 30 days

With Actionable
RULE 8, SEC. 12RESOLUTION

WITHOUT
AFFIRMATIVE
DEFENSE NOTICE OF PRE TRIAL

Document 15 days REPLY 5 days

19
With Actionable

Document REJOINDER 5 days 15 days

COUNTER CLAIM
20 days
ANSWER

SERVICE

CROSS
CLAIM

3RD, 4TH ETC PARTY

NOTICE OF PRE
TRIAL
RESOLUTION
COMPLAINT THE PLEADINGS NOT MOTION
GROUNDS APPARENT APPARENT

MOTION FOR GRANTING 5 days 15 days OPPOSITION

JUDGMENT ON Judgment on the Pleadings

MOTION SUMMARY JUDGMENT OPPOSITION 15 days RESOLUTION GRANTING MOTION 20

FOR
Summary Judgment

NOTICE OF PRE TRIAL 60 DAYS PRE-TRIAL Failure to appear w/o just CAM Motu Proprio Submit for Order Of
from last responsive BRIEF cause Judgment after Pre-Trial Dismissal
pleading Pre-Trial 30 days Plaintiff and Counsel
10 days
10 DAYS PRESENTATION OF
Defendant EVIDENCE EX PARTE
PRE-TRIAL 15 days
ORDER and Counsel JDR
Initial Presentation of PLAINTIFF’S EVIDENCE JUDGMENT SUBMIT FOR DECISION

Judgment on the Pleadings Judgment 21

90 days from termination of Pre-Trial

90 days from termination of Pre-Trial

Summary

PRE-TRIAL
• NATURE
 • Mandatory

PRE-TRIAL
• Should be promptly terminated
• Pre-trial is primarily intended to insure that the
parties properly raise all issues necessary to dispose
of a case. • Petitioners are bound by the delimitation of
the issues during the pre-trial because they themselves
agreed to the same.

PRE-TRIAL
• PURPOSE
• a) possibility of an amicable settlement or of a submission to
alternative modes of dispute resolution;
• b) the simplification of issues; Although a pre-trial order is not meant to
catalogue each issue that the parties may
• C) possibility of obtaining stipulations or admissions of facts and of
take up during the trial, issues not included
documents to avoid unnecessary proof;
in the pre-trial order may be considered
• d) limitation of the number and identification of witnesses and the only if
they are impliedly included in the
setting of trial dates; raised by necessary implication. (Licomcen,
issues raised or inferable from the issues Inc. vs Engr. Abainza, G.R. No. 199781, Feb. 18,
2013)

PRE-TRIAL
• PURPOSE
 e) advisability of a preliminary reference of issues to a
commissioner;
•f) the propriety of rendering judgment on the pleadings, or
summary judgment, or of dismissing the action should a
valid ground thereof be found to exist;

PRE-TRIAL
• PURPOSE
g) The requirement for the parties to:
1. Mark their respective evidence if not yet marked in the
judicial affidavits of their witnesses;

2. Examine and make comparisons of the adverse parties’

evidence vis-à-vis the copies to be marked;
 3. Manifest for the record stipulations regarding the
faithfulness of the reproductions and the genuineness and
due execution of the adverse parties’ evidence;

PRE-TRIAL
• PURPOSE
g) The requirement for the parties to:
4. reserve evidence not available at the pre-trial, but only in the
following manner:
i. for TESTIMONIAL EVIDENCE- by giving the name or position
and the nature of the testimony of the proposed witness; ii. For
DOCUMENTARY EVIDENCE and other OBJECT EVIDENCE
– by giving a particular description of the evidence.

• No reservation shall be allowed if not made in the manner

described above.
 PRE-TRIAL
• PURPOSE
h) such other matters as may aid in the prompt disposition of the
action. (Sec. 2, Rule 18)

PRE-TRIAL
• NOTICE OF PRE-TRIAL
• within five (5) calendar days from filing of the last
responsive pleading (Sec. 1, Rule 18)
• Served on counsel or
On the party if he or she has no counsel.
 PRE-TRIAL
• NOTICE OF PRE-TRIAL
Includes the dates respectively set for:
(a) Pre-trial;
(b) Court-Annexed Mediation
(c) Judicial Dispute Resolution, if necessary

Non-appearance at any of these settings shall be

deemed as non-appearance at the pre-trial and shall
merit the same sanctions under Section 5 hereof

PRE-TRIAL
• SECTION 5. EFFECT OF FAILURE TO APPEAR •
 Failure of the plaintiff and counsel to appear- When duly
notified, the failure of the plaintiff and counsel to appear
without a valid cause when so required, pursuant to the
next preceding section, shall cause the dismissal of the
action.
• Nature of dismissal- The dismissal shall be with

prejudice, unless otherwise

ordered by the court.

PRE-TRIAL
• SECTION 5. EFFECT OF FAILURE TO APPEAR • Failure
of the defendant and counsel to appear- A similar failure on
the part of the defendant and counsel shall be
 cause to allow the plaintiff to present his or her evidence
ex-parte within ten (10) calendar days from termination of
the pre-trial, and the court to render judgment on the
basis of the evidence offered.

PRE-TRIAL
• SECTION 2. EFFECT OF FAILURE TO APPEAR • The
failure without just cause of a party and counsel to
appear during pre-trial, despite notice, shall result in a
waiver of any objections to the faithfulness of the
reproductions marked, or their genuineness and due
execution
 • Effect of failure to bring the evidence required – deemed
as a waiver of the presentation of such evidence.

PRE-TRIAL
• PRE-TRIAL DOCUMENTS (FILED BY THE PARTIES
AND ISSUED BY THE COURT)

• Section 3. Notice of Pre-Trial

• Section 6. Pre-Trial Brief
• Section 7. Pre-trial Order
• Section 2. Minutes of the Pre-Trial
 PRE-TRIAL
When filed and served: in such a manner as
shall ensure receipt by the court and the
parties at least three calendar (3) days before
the date of the pre • Section 6. Pre-Trial Brief
trial.

Effect of failure to file: same effect as

failure to appear at the pre-trial.
 PRE-TRIAL
Section 6. Pre-Trial Brief
CONTENTS:
(a) A concise statement of the case and reliefs prayed for; (b)
A summary of admitted facts and proposed stipulations; (c)
The main factual and legal issues to be tried and resolved; (d)
The propriety of referral of factual issues to commissioners;
(e) The documents or other object evidence to be marked,
stating the purpose thereof;
(f) The names of the witnesses, and the summary of their
respective testimonies;
(g) A brief statement of points of law and citation of authorities.

PRE-TRIAL
• Section 7. Pre-trial Order
• When issued: within ten (10) calendar days from termination of the
pre-trial
• Significance: Controls the flow of subsequent proceedings

..\..\Downloads\Pre-Trial-Order-and-Minutes-of-Pre-Trial-Template
2021.docx

PRE-TRIAL
• ALTERNATIVE MODES OF DISPUTE RESOLUTION
AS PART OF PRE-TRIAL
• Section 8. Court-Annexed Mediation
• Section 9. Judicial Dispute Resolution

PRE-TRIAL
• Section 8. Court-Annexed
Mediation • Mandatory
• Proceedings are confidential
• Duration: thirty (30) calendar days without further
extension

PRE-TRIAL
• Section 9. Judicial Dispute Resolution • Only of
 the judge of the court to which the case was
originally raffled is convinced that settlement is still
possible
• Proceedings are confidential
• Duration: non-extendible period of fifteen (15) calendar
days

PRE-TRIAL
• Section 10. Judgment after pre-trial
• Judgment on the pleadings
• Summary judgment
• Motu proprio without prejudice to a motion filed by a party
• Without need of position papers or memoranda
• Order of the court to submit the case for judgment shall not be
subject to appeal or certiorari
• Judgment rendered within 90 calendar days from termination of
pre-trial

SUMMONS ORDINARY 30 days

EXTRA
TERRITORIAL PUBLICATION

ANS
CO WER
MPLAINT AMENDED
COMPLAINT (AS

5 days 5 days 90 days 30 days 60 days 60 days

DISMISSAL Service Order granting Motion
A MATTER OF RIGHT
(Dismissal)

(Fantastic 4) Motion to

COMPLETION OF SERVICE Order Denying Bill of

Motion

15 days
RETURN 5 days Order granting 10 days
Dismiss
(Fantastic 4)
Motion for Bill of Motion 42
Particulars

Opposition

Particulars

DEFENDANTS IN DEFAULT
NO If DENIED
DEFAULTADDITIONAL EVIDENCE 90 DAYS
ANSWER ORDER OF SUBMISSION
MOTION TO DECLARE

SUMMONS GRANTING DEFENSE SUMMARY

ANSWER MOTION 5 days JUDGMENT
15 MOTION TO SET
ASIDE ORDER
OPPOSITION
WITH OF DEFAULT
days AFFIRMATIVE
ORDER
RULE 6, SEC. 5 (b)(1) RULE 6, SEC. 5 (b)(2) 30 days 30 days
HEARING

15 days

With Actionable
RULE 8, SEC. 12RESOLUTION

WITHOUT
AFFIRMATIVE
DEFENSE NOTICE OF PRE TRIAL

Document 15 days REPLY 5 days

43
With Actionable

Document REJOINDER 5 days 15 days

COUNTER CLAIM 3RD, 4TH ETC PARTY

NOTICE OF PRE
TRIAL

CROSS
CLAIM

20 days
ANSWER

SERVICE
RESOLUTION
COMPLAINT THE PLEADINGS NOT MOTION
GROUNDS APPARENT APPARENT

MOTION FOR GRANTING 5 days 15 days OPPOSITION

JUDGMENT ON Judgment on the Pleadings

MOTION SUMMARY JUDGMENT OPPOSITION 15 days RESOLUTION GRANTING MOTION 44

FOR
Summary Judgment

RESOLUTION Non-litigious Non-litigious

5 days

15 days 5 daysOPPOSITION
MOTION

45

COUNTER CLAIM COUNTER CLAIM

 3RD, 4TH ETC PARTY RESOLUTION
NOTICE OF PRE
TRIAL

20 days
ANSWER

SERVICE
COMPLAINT THE PLEADINGS NOT MOTION
GROUNDS APPARENT APPARENT

MOTION FOR GRANTING 5 days 15 days OPPOSITION

JUDGMENT ON Judgment on the Pleadings

MOTION SUMMARY JUDGMENT OPPOSITION 15 days RESOLUTION GRANTING MOTION 46

FOR
Summary Judgment
NOTICE OF PRE TRIAL 60 DAYS PRE-TRIAL CAM Motu Proprio Submit for Order Of of PLAINTIFF’S
from last responsive pleading BRIEF Judgment after Pre-Trial Dismissal EVIDENCE
Pre-Trial 3 days 30 days Plaintiff and Counsel
JUDGMENT
10 days
10 DAYS PRESENTATION OF
Defendant EVIDENCE EX PARTE
PRE-TRIAL 15 days SUBMIT
ORDER and Counsel JDR
FOR DECISION

Failure to appear w/o just

cause Initial Presentation

Judgment on the Pleadings Summary Judgment

90 days from termination of Pre-Trial 90 days from termination of Pre-Trial 47

TRIA
L