Matrix Comparison 2019 Amendments of The Rules of Civil Procedure As Culled From Atty. Galeons MSWord Notes

MATRIX COMPARISON OF THE 2019 AMENDMENTS OF THE RULES OF CIVIL PROCEDURE
As culled from the notes of Atty. Galeon, Civil Procedure, A.Y. 2020-2021.
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
1997 RULES OF CIVIL
PROVISION 2019 AMENDMENTS COMMENTS EXAMPLES
PROCEDURE
“The defendant obtained a loan of money from
him evidenced by the promissory described in
Under the 1997 Rules of Civil Procedure, the pleading the complaint, with a copy thereof attached to
SECTION 1. In general.— Every
shall only state the ultimate facts constituting the claim or the complaint; that the obligation fell due; that
pleading shall contain in a
Section 1. In general. — Every pleading shall defense, as the case may be. Evidentiary facts are not he made repeated demands for the defendant
methodical and logical form, a
contain in a methodical and logical form, a supposed to be stated in the pleading. Evidentiary facts to pay, evidenced by the demand letters dated
plain, concise and direct statement
plain, concise and direct statement of the are the facts which will prove the ultimate facts. They March 3, 5, 10, and 15, all of 2020, but despite
RULE 8, of the ultimate facts on which the
ultimate facts, including the evidence on which should not be stated in the pleading. They should be repeated demands he refused to pay.”
SEC. 1, party pleading relies for his claim
the party pleading relies for his or her claim or brought out during the trial.
PAR. 1 or defense, as the case may be,
defense, as the case may be. But, just the same, in the complaint, the
omitting the statement of mere
The rule, as it is now amended, provides that you have to complainant does not have to specify in full
evidentiary facts.
state in your pleading the ultimate facts, including the details that it was him who personally went to
evidence on which the party-pleader relies for his claim the post office to send the letters via registered
or defense. mail on the given dates; how he got there; and
who went with him in going there, if any, etc.
Your property was taken by the state for public

purpose, sans payment of just compensation.
So, you filed a case for payment of just
compensation. You are permitted to cite in
Be it also noted that the rules now provide that if a cause
your pleading Section 9, Article III of the 1987
of action or defense relied on is based on law, the
Philippine Constitution, which provides:
If a defense relied on is based on pertinent provisions thereof and their applicability to him
If a cause of action or defense relied on is “Private property shall not be taken for public
RULE 8, law, the pertinent provisions or her shall be clearly and concisely stated. So, you are
based on law, the pertinent provisions thereof use without just compensation.” Then, you
SEC. 1, thereof and their applicability to now permitted to cite in your pleading the law on which
and their applicability to him or her shall be should discuss why the law is applicable in
PAR. 2 him shall be clearly and concisely your cause of action or defense is based, but, more that,
clearly and concisely stated. your case.
stated. you should state in your pleading why such law is
applicable in your case.
But while the rules allow the pleader to cite in
his pleading the law on which his cause of
action or defense is based, he is not, however,
permitted to cite mere conclusions of facts or
law.
You may state therein that:
“(i) The person entered your property and
The rules allow a party to set forth in one pleading two or deprived you possession thereof by strategy or
Section 2. Alternative causes of action or defenses. — A party may set forth two or
more statements of a claim or defense alternatively or stealth” – purportedly to establish a case for
more statements of a claim or defense alternatively or hypothetically, either in one
hypothetically, even if the same be inconsistent, and that forcible entry.
RULE 8, cause of action or defense or in separate causes of action or defenses. When two or
where two or more statements are made in the
SEC. 2 more statements are made in the alternative and one of them if made independently
alternative and one of these statements is sufficient, then In the alternative you can also state that:
would be sufficient, the pleading is not made insufficient by the insufficiency of one or
the pleading is already deemed sufficient, even if the “(ii) Assuming arguendo that you had tolerated
more of the alternative statements. (2)
other statement or statements are insufficient. his entry into, and occupancy thereof, by your
passivity or inaction, such possession
becomes nonetheless illegal when you served
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upon him a letter demanding that he vacate

the property, thereby making such „tolerated
possession‟ illegal” – purportedly to establish a
case for unlawful detainer.
If your first statement is found to be insufficient

to make out a case for forcible entry, your
complaint remains valid for as long as the
other statement – pertaining to the case for
unlawful detainer -- is found to be sufficient.
NOTE: During the trial, however, you have to

make up your mind on which defense to
pursue. But perhaps, by then, you can already
make an informed decision because you
already know the evidence of the plaintiff.
In some instances, there are things that are required to

be done before one may institute a legal action, such as:
You wanted to oust a person who is occupying
your property. As you reside in the same
1. Tender of payment is required before making a
locality, you first referred the matter to the
consignation (Art. 1256 of the Civil Code);
Office of the Barangay Chairman, then to the
Lupong Tagapmayapa for conciliation-
2. Prior resort to barangay conciliation proceedings
mediation, but such efforts failed.
in certain cases (Chapter 7, Title I, Book III of
the Local Government Code of 1991);
In filing the case in court, you need not state in
your complaint that “on the 2nd day of February
3. Earnest efforts toward a compromise must be
RULE 8, Section 3. Conditions precedent. — In any pleading, a general averment of the 2020, you lodged a formal complaint before
undertaken when the suit is between members
SEC. 3 performance or occurrence of all conditions precedent shall be sufficient. the Office of Barangay Chairman; that on the
of the same family and if no efforts were in fact
3rd day of February 2020, defendant was
made, the case must be dismissed (Article 151
served with summons directing him to appear
of the Family Code);
before the Brgy. Chairman, … xxx”. You only
need to state that the matter had been referred
4. Exhaustion of administrative remedies before
first to the Office of the Barangay
resorting to judicial action (Lopez v. City of
Chairman/Lupong Tagapamayapa for
Manila, 303 SCRA 448);
conciliation and mediation, but such efforts
failed, leading to the issuance of a Certification
5.
Arbitration proceedings, especially when the
to File Action.
contract between the parties provides for such
mechanism before recourse to judicial action.
Section 4. Capacity. — Facts showing the capacity of a party to sue or be sued or the It may be observed that, in the example, it is specifically 1. Plaintiff Otaner M. Noelag is a Filipino,
authority of a party to sue or be sued in a representative capacity or the legal mentioned, among others, that plaintiff is of legal age. of legal age, and resident of BR 119
existence of an organized association of persons that is made a party, must be This is because his legal capacity cannot just be Purple Duke Street, Briza Subdivision,
RULE 8,
averred. A party desiring to raise an issue as to the legal existence of any party or the presumed. Nangka, Consolacion, Cebu. For
SEC. 4
capacity of any party to sue or be sued in a representative capacity, shall do so by facility and convenience, plaintiff may
specific denial, which shall include such supporting particulars as are peculiarly within In like manner, the legal capacity of the defendant – as a be served with the notices and
the pleader’s knowledge. domestic corporation duly organized under Philippine processes of this Honorable Court
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laws – is specifically averred, as it cannot just be through his counsel, at the address
presumed that it is really a corporation. hereinafter given.
If one is filing a case in his representative capacity, then 2. Defendant RMG Corporation is a
his legal capacity to bring the action on behalf, and for domestic corporation, duly organized
the benefit, of his named principal and his capacity to and existing under Philippine laws,
sign the pleading must be averred with particularity. If with principal place of business at
one is filing a case as the attorney-in-fact of a disclosed M.L. Quezon Highway, Maribago,
principal, then he must specifically mention that in the Lapu-Lapu City, at which it may be
complaint; in fact, he must attach to the complaint a copy served with summons and other
of the pertinent special power of attorney, appointing him processes of this Honorable Court.
as such, conformably with Sections 4 & 5, Rule 7 of the Defendant is primarily engaged in
Amended Rules. hotel and resort business, as it, in
fact, owns and operates the Imperial
If the defendant corporation would dispute plaintiff’s legal Palace Waterpark Resort and Spa,
capacity to sue, then it shall do so by making a specific located at M.L. Quezon Highway,
denial in its answer and even raise that by way of Maribago, Lapu-Lapu City.
affirmative defense, and it shall include therein such
supporting particulars as are peculiarly within the
defendant’s knowledge – e.g. by attaching to its pleading
a copy of plaintiff’s alleged Birth Certificate showing that
he is not yet of legal age.
Fraud or mistake must be averred with particularity.
You are duped into buying a fake gold bar. So, you are filing a case against the seller, asking for rescission
of the contract of sale and the reimbursement for what you paid for and as purchase price.In your
complaint, you cannot just casually allege that “Plaintiff was duped or defrauded by the defendant into
buying gold bar.” That allegation is not sufficient.
You should rather state concisely, clearly, and methodologically how the fraud took place.
You may do well by stating that:
“On 01 April 2020, defendant went to plaintiff‟s house and introduced himself as the CEO of RMG Mining
Section 5. Fraud, mistake, condition of the mind. — In all averments of fraud or
Corporation; that defendant presented to the plaintiff an identification card purportedly showing that he, the
mistake, the circumstances constituting fraud or mistake must be stated with
RULE 8, defendant, is the CEO RMG Mining Corporation; that, there and then, the defendant presented to the
particularity. Malice, intent, knowledge, or other condition of the mind of a person
SEC. 5 plaintiff an alleged 24 karat gold bar, weighing 500 grams, and offered the same for sale to the plaintiff for
may be averred generally. (5)
a measly sum of P500,000.00; that the defendant represented and warranted to the plaintiff that it was a
genuine and authentic 24 karat gold bar; the defendant even presented to the plaintiff a supposed
certification from the Central Bank of the Philippines showing that it was pure gold; and that faithfully
relying on defendant‟s representation and warranties, plaintiff bought the supposed gold bar for a
discounted price of P450,000.00; that plaintiff was horrified to learn later that the alleged gold bar is fake,
as it is but made of nickel, when plaintiff had it tested by, as he wanted to pawn it at, ML pawnshop ….xxx,”
But malice, intent, knowledge, or other condition of the mind of a person may be just averred generally.
The reason for this is plain and obvious: It is difficult to fathom what is in the other person’s mind. So, you
are permitted to state in your pleading that ―defendant acted with malice aforethought when he offered the
supposed gold bar for sale to the plaintiff.‖
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Suppose you are the defendant in a case. But you sought for the dismissal of the present case on the
Section 6. Judgment. — In pleading a ground of res judicata.
SEC. 6. Judgment.— In pleading a judgment or decision of a domestic or
judgment or decision of a domestic or foreign court, judicial or quasi-judicial In doing so, you may do well by presenting to the court an authenticated copy of the previous judgment.
foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is You are no longer required to establish that the court which rendered such previous jurisdiction had validly
RULE 8,
tribunal, or of a board or officer, it is sufficient to aver the judgment or decision acquired jurisdiction over the subject matter in that previous case and over the party-disputants therein.
SEC. 6
sufficient to aver the judgment or without setting forth matter showing The rules presume that the judgment is valid.
decision without setting forth matter jurisdiction to render it. An authenticated
showing jurisdiction to render it. copy of the judgment or decision shall be But what you should present before the court hearing the present case is an authenticated copy of such
attached to the pleading.(6a) prior judgment or decision, and it should be attached to your motion to dismiss or answer, as the case may
be. A plain photocopy would not suffice.
(See notes) Putting Section 6, Rule 7 of the AR and Section 7, Rule 8 of the AR together, it may be
Section 7. Action or defense based on document. - Whenever an action or defense argued that while ACTIONABLE DOCUMENT – like the promissory note, in the given example – should be
is based upon a written instrument or document, the substance of such instrument or attached to the pleading or complaint, the OTHER DOCUMENTARY EVIDENCE (NON-ACTIONABLE
RULE 8,
document shall be set forth in the pleading, and the original or a copy thereof shall be DOCUMENT) – like the demand letter in the above example – need not be attached to the complaint, in
SEC. 7
attached to the pleading as an exhibit, which shall be deemed to be a part of the that it is enough that it is stated or averred therein. As this remains to be clarified by the Supreme Court,
pleading.(7a) the most prudent thing to do is to likewise attach the demand letter aforesaid to the complaint. There is no
harm in doing that. Besides, it is better to err at the side of caution.
How would you contest an actionable document
attached to the pleading?
Section 8, Rule 8 provides us with answer, in that you

have to:
In an action for collection of sum of money, if the
1. Specifically deny it;
plaintiff attached to the complaint the promissory
2. Such specific denial must be under oath; and
note evidencing the loan and defendant wishes
3. You should set forth the facts you claim to be
to contest the genuineness and due execution of
true
the promissory note, the defendant must, in his
answer, specifically deny under oath the
Section 8. How to contest such documents. - When an action or defense is founded Be it noted, however, that even if the party fails to
genuineness and due execution thereof and set
upon a written instrument, or attached to the corresponding pleading as provided in specifically deny an actionable document under oath,
forth what he claims to be the facts.
the preceding section, the genuineness and due execution of the instrument shall be he is not precluded from setting forth the other
RULE 8,
deemed admitted unless the adverse party, under oath specifically denies them, and defenses, such as:
SEC. 8 Failing to make such specific denial under oath,
sets forth what he or she claims to be the facts; but the requirement of an oath does
then the defendant is deemed to have admitted
not apply when the adverse party does not appear to be a party to the instrument or 1. Fraud;
the due genuineness and due execution of such
when compliance with an order for an inspection of the original instrument is refused. 2. Mistake;
actionable document – e.g. the promissory note.
3. Compromise;
4. Payment;
5. Statute of Limitations;
6. Estoppel;
7. Want of consideration;
8. Minority;
9. Imbecility;
10. Imperfection in writing, or that the instrument
fails to express the true agreement of the
parties; or
11. There is intrinsic ambiguity in the writing.
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―That Cebu City Mayor Edgardo Labella issued

An official act or document may be pleaded by Memorandum No. 2020-233, on March 15, 2020,
Section 9. Official document or act.- In pleading an official document or official act, it
RULE 8, expediently alleging in the pleading that the document directing all offices in city hall to adopt a four-day
is sufficient to aver that the document was issued or the act was done in compliance
SEC. 9 was issued or the act was done in compliance with the workweek as a precautionary measure against
with law.
law. COVID-19.‖ There is no need to state that his act
is valid, or he acted in accordance with law.
A.
―Paragraph 7(a) is specifically denied, the truth
being that respondent was forced to leave the
conjugal dwelling, together with their four (4)
children, because petitioner, then drunk as
usual, violently hit respondent several times
during arguments.
Petitioner’s coping mechanism when confronted

A. The defendant must specify each material allegation with domestic problems, is to resort to excessive
of fact, the truth of which he does not admit and drinking. Since petitioner would become so
whenever practicable shall set forth the substance of unreasonable and violent every time he got
the matters which he will rely upon to support the drunk, respondent and their children had to leave
denial. the conjugal dwelling and stay at her parents’
house for a month to protect her and their
Section 10. Specific denial. — A defendant must specify each material allegation of
children from petitioner’s continued verbal and
fact the truth of which he or she does not admit and, whenever practicable, shall set
physical abuses.‖
forth the substance of the matters upon which he or she relies to support his or her
RULE 8, denial. Where a defendant desires to deny only a part of an averment, he or she shall
- The mere use of the words “specifically
SEC. 10 specify so much of it as is true and material and shall deny only the remainder.
denies,” without any further support for the denial
Where a defendant is without knowledge or information sufficient to form a belief as
is hollow or empty (Agton v. Court of Appeals,
to the truth of a material averment made to the complaint, he or she shall so state,
113 SCRA 322).
and this shall have the effect of a denial.
B. ―Paragraph 2 of the Complaint is admitted,

insofar as it is alleged that respondent is of legal
age, married, and a Filipino citizen.
B. When a pleader desires to deny only a part or a The allegation that respondent is presently
qualification on an averment, he shall specify so much residing in Sta. Monica Homes, Timpolok Babag
of it as true and material and he shall deny the I, Lapu-Lapu City is specifically denied, the truth
remainder. being that, from the time petitioner and
respondent separated de facto on 17 March
2004 and up to the present, respondent has
been residing in Maryville Subdivision,
Talamban, Cebu City.‖
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C. “2.0. Paragraph 13 of the complaint is denied

C. Where the defendant is without knowledge or for lack of knowledge sufficient to form a belief
information sufficient to form a belief as to the truth of a as the truth of facts alleged therein, more so that
material averment made in the complaint, he shall so there is nothing in the complaint which shows or
state, and this shall have the effect of a denial. even hint that plaintiff underwent psychological
therapy.‖
Section 11, Rule 8 of the Amended Rules sets forth the effects of the failure to make a specific denial of a
material averments in a pleading asserting a claim or claims, and such pleading may include compulsory
counterclaims, cross-claims, third-party complaints (Valdez v. Paras, L-11474, May 13, 1959), and even a
reply, if any.
SEC. 11. Allegations not specifically
But even where there is a failure to make a specific denial of a material averments in a pleading asserting
denied deemed admitted.— Material
Section 11. Allegations not specifically a claim, the following matters are NOT deemed admitted:
averment in the complaint, other than
denied deemed admitted. — Material
those as to the amount of unliquidated
RULE 8, averments in a pleading asserting a claim or 1. Amount of unliquidated damages (like moral and exemplary damages);
damages shall be deemed admitted
SEC. 11 claims, other than those as to the amount of Conversely, if what is claimed is liquidated damages – that which the penalty expressly
when not specifically denied.
unliquidated damages, shall be deemed agreed upon and stipulated in an instrument – the same is admitted if there is a failure to
Allegations of usury in a complaint to
admitted when not specifically denied. make a specific denial of a material averments in a pleading asserting a claim.
recover usurious interest are deemed
2. Immaterial allegations (Worcester v. Lorenzana, L-9435, July 31, 1958);
admitted if not denied under oath.
3. Incorrect conclusions of facts drawn from facts set out in the complaint;
4. Conclusions of law;
5. Default (Section 1, Rule 9);
6. Annulment of marriage (Article 48, Family Code);
7. Legal Separation (Article 60, Family Code).
Section 12. Affirmative defenses. — (a) A
SEC. 12. Striking out of pleading or defendant shall raise his or her affirmative This provision is something new and is not found under Rule 8 of the 1997 Rules of Civil Procedure.
matter contained therein.— Upon defenses in his or her answer, which shall
motion made by a party before be limited to the reasons set forth under It bears to emphasize, however, that the affirmative defenses enumerated under items (1) to (5)of
responding to a pleading or, if no Section 5(b), Rule 6, and the following paragraph (a), Section 12, Rule 8, of the Amended Rules, are among the grounds for filing a motion to
responsive pleading is permitted by grounds: dismiss under Rule 16 of the 1997 Rules of Civil Procedure. But said grounds are now being transposed to
these Rules, upon motion made by a Section 12, Rule 8 of the Amended Rules, where said grounds shall just be pleaded by way of affirmative
RULE 8, party within twenty (20) days after the 1. That the court has no jurisdiction over the defenses.
SEC. 12 service of the pleading upon him, or person of the defending party;
upon the court’s own initiative at any With this in mind, it would ostensibly appear that there are two postulates on whether the Amended Rules
time, the court may order any pleading 2. That venue is improperly laid; now proscribe the filing of a motion to dismiss, viz:
to be stricken out or that any sham or
false, redundant, immaterial, 3. That the plaintiff has no legal capacity to
impertinent, or scandalous matter be sue; 1. First postulate. The Amended Rules altogether prohibit the filing of a motion to dismiss prior to, or
stricken out therefrom. in lieu of, filing of the answer, in that any and all grounds for filing a motion to dismiss should just
4. That the pleading asserting the claim be pleaded in the answer by way of affirmative defenses; OR
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states no cause of action; and

2. Second postulate. The Amended Rules still allows the filing of a motion to dismiss prior to the filing
5. That a condition precedent for filing the of the answer, if it isbased on any or all of the grounds enumerated under second paragraph of
claim has not been complied with. Section 5(b), Rule 6 -- (1) that the court has no jurisdiction over the subject matter; (2) that there
is another action pending between the same parties for the same cause; or (3 )that the action is
(b) Failure to raise the affirmative defenses barred by a prior judgment.
at the earliest opportunity shall constitute a
waiver thereof. Be that as it may, it now appears that the second postulate is the correct one -- that is, the filing of a
motion to dismiss prior to the filing of the answer is STILL ALLOWED, if it is based on any or all of grounds
(c) The court shall motu proprio resolve the enumerated under the second paragraph of Section 5(b), Rule 6 --
above affirmative defenses within thirty (30)
calendar days from the filing of the answer. (1) that the court has no jurisdiction over the subject matter;
(2) that there is another action pending between the same parties for the same cause; or
(d) As to the other affirmative defenses (3 )that the action is barred by a prior judgment; and, in addition thereto, also on the ground
under the first paragraph of Section 5(b), (4) that the claim is barred by statute of limitations.
Rule 6, the court may conduct a summary
hearing within fifteen (15) calendar days Harmonizing the provisions, it would now appear that:
from the filing of the answer. Such
affirmative defenses shall be resolved by 1) The filing of a motion to dismiss prior to the filing of the answer is STILL ALLOWED, for as long it
the court within thirty (30) calendar days is based on any or all of grounds enumerated under second paragraph of Section 5(b), Rule 6,
from the termination of the summary and Section 12 (b), Rule 15of the Amended Rules -- (1) that the court has no jurisdiction over the
hearing. subject matter; (2) that there is another action pending between the same parties for the same
cause; or (3)that the action is barred by a prior judgment – and/or (4) that the claim is barred by
(e) Affirmative defenses, if denied, shall not statute of limitation under. These are the four permissible grounds for filing a motion to dismiss;
be the subject of a motion for
reconsideration or petition for certiorari, 2) If no such motion to dismiss is filed based on any or all of the grounds enumerated under the
prohibition or mandamus, but may be second paragraph of Section 5(b), Rule 6 and Section 12(b), Rule 15, of the Amended Rules,then
among the matters to be raised on appeal any or all of the said grounds must be pleaded in the answer by way of affirmative defenses,
after a judgment on the merits. (n) together with any or all of the grounds enumerated under items (1) to (5) of paragraph (a), Section
12, Rule 8, of the Amended Rules (which are no longer grounds for filing a motion to dismiss, as
they should just be pleaded in the answer by way of affirmative defenses);
3) But even if any or all of the of the grounds enumerated under second paragraph of Section 5(b),
Rule 6, and Section 12(b) Rule 15 of the Amended Rules are not raised in the motion to dismiss or
pleaded in the answer by way of special defenses, the case or claim may still be dismissed on any
or all of those grounds, when it appears from the pleadings or the evidence on record 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, or by statute of
limitations, pursuant to Section 1, Rule 9 of the Amended Rules.
Take note further that the foregoing rule under Section 1, Rule 9 of the Amended Rules effectively qualifies
the provision under paragraph 12(b), Rule 8 of the Amended Rules which provides that “(b) Failure to raise
the affirmative defenses at the earliest opportunity shall constitute a waiver thereof”.
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In an action for recovery of parcel of land, the

plaintiff averred in his complaint that the
defendant is an adulterer (a condition which,
The former Section 12 was moved to Section 13. The even if true, has no bearing or relation to the
provision is essentially the same except for the issue in such case). If such be the case, the
addition to the word “calendar” to qualify the 20-day defendant may move to strike out such
period stated therein, and the amendment to address impertinent, irrelevant, and scandalous
gender sensitivity. allegation, and this the defendant should do
Section 13. Striking out of pleading or before filing his answer to the complaint.
matter contained therein. — Upon motion Before responding to a pleading, the purported party-
made by a party before responding to a pleader may move to strike out a pleading or a portion But even without such motion from the
pleading or, if no responsive pleading is thereof, for being sham, false, redundant, impertinent, defendant, the court may, on its own initiative,
permitted by these Rules, upon motion or scandalous. and at any time or even after the defendant had
made by a party within twenty (20) calendar already filed his answer to the complaint, direct
RULE 8,
N/A days after the service of the pleading upon Striking a pleading means that the pleading will be that such allegation be stricken out for being
SEC. 13
him or her, or upon the court's own initiative deemed erased as if it was never filed. If a portion of impertinent, irrelevant, or scandalous.
at any time, the court may order any the pleading be ordered stricken out or expunged from .
pleading to be stricken out or that any sham the pleading, then such portion is deemed erased or Such is without prejudice to appropriate
or false, redundant, immaterial, impertinent, not having been written at all. sanctions that may be meted out to the pleader
or scandalous matter be stricken out and/or his lawyer, which may even include
therefrom. TN: Even without such motion, the court may at any criminal prosecution for libel.
time, and on its own accord or initiative, order that a
pleading or a portion thereof be stricken out or If the scandalous matter is contained in the
expunged for being for being sham, false, redundant, Rejoinder, which under Section 10, Rule 6 of the
impertinent, or scandalous. Amended Rules, seems to be the last pleading,
then the motion to strike out the same may be
filed by the plaintiff within 20 days after service of
the Rejoinder.
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RULE 9
EFFECT OF FAILURE TO PLEAD
1997 RULES OF CIVIL
PROCEDURE
General rule – Defenses and objections not pleaded either in a motion to dismiss or in the answer are
deemed waived.
Except on the following grounds:

1. The court has jurisdiction over the subject matter of the claim;
2. There is another action pending between the same parties for the same cause;
3. The action is barred by prior judgment; or
4. The action is barred by the statute of limitations.
To reiterate, these grounds may be pleaded in the answer by way of affirmative defenses, pursuant to
Section 5, Rule 6 of the Amended Rules, in relation to Section 12, Rule 8 of the Amended Rules. Notably,
these grounds may also be utilized in filing a motion to dismiss pursuant to Section 12(a) of the Amended
Section 1. Defenses and objections not pleaded. — Defenses and objections
Rules. Verily, the following rules may be formulated:
not pleaded either in a motion to dismiss or in the answer are deemed waived.
However, when it appears from the pleadings or the evidence on record that the
RULE 9, 1) The filing of a motion to dismiss prior to the filing of the answer is allowed for as long it is based on
court has no jurisdiction over the subject matter, that there is another action
SEC. 1 any or all of the following grounds: (1) that the court has no jurisdiction over the subject matter; (2)
pending between the same parties for the same cause, or that the action is
that there is another action pending between the same parties for the same cause; or (3) that the
barred by a prior judgment or by statute of limitations, the court shall dismiss
action is barred by a prior judgment; or (4) that the claim is barred by statute of limitations. These are
the claim.
the four permissible grounds for filing a motion to dismiss;
2) If no such motion to dismiss is filed based on any or all of the above-enumerated grounds, then any
or all of the said grounds must be pleaded in the answer by way of affirmative defenses, together
with any or all of the grounds enumerated under items (1) to (5) of paragraph (a), Section 12, Rule 8,
of the Amended Rules (which are no longer grounds for filing a motion to dismiss, as they should just
be pleaded in the answer by way of affirmative defenses);
3) But even if any or all of the above-enumerated grounds are not raised in the motion to dismiss or
pleaded in the answer by way of special defenses, the case or claim may still be dismissed on any or
all of those grounds, when it appears from the pleadings or the evidence on record, 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, or by statute of
limitations, pursuant to Section 1, Rule 9 of the Amended Rules.
The foregoing rule must be read in conjunction, as it is in line, Example:
with Section 8, Rule 11 of the Amended Rules, which Waldi filed a complaint against me for
provides: allegedly causing damage to his car due to
my reckless driving. In my answer, I denied
RULE 9,
Section 2. Compulsory counterclaim, or cross-claim, not set up barred. — A Section 8. Existing counterclaim or cross-claim. — A that I was driving my car recklessly, as I
SEC. 2
compulsory counterclaim, or a cross-claim, not set up shall be barred. compulsory counterclaim or a cross-claim that a defending rather asserted therein that it was Waldi who
party has at the time he or she files his or her answer shall be was negligent in driving his car, and that he
contained therein. was the one who hit and damaged my car.
Yet, in my answer, I did not pray that Waldi
The reason for the foregoing rule is to avoid multiplicity of be adjudged liable instead for the damages
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
suits and to dispose of the whole matter in controversy in one of my car. Obviously, during the trial I
action, and adjustment of defendant’s demand by cannot present evidence to establish my
counterclaim rather than by independent suit (Reyes vs. Court claim on the damages to my car, more so if
of Appeals, 38 SCRA 138). Waldi will object thereto.
Q: If, after trial, court finds that, indeed,

Waldi is at fault, can the court award
damages for my car?
A: No, the court cannot, in the very same
case, award damages in my favor.
Q: But can I file a separate case for the

damages on my car?
A: Not anymore. The rule is very clear. A
compulsory counterclaim not set up shall be
barred.
Default is a procedural concept that occurs when the defending party fails to file his answer within the
Section 3. Default; Declaration of. — If the defending party fails to answer within reglementary period.
the time allowed therefor, the court shall, upon motion of the claiming party with
notice to the defending party, and proof of such failure, declare the defending 2 Stages of being in Default:
RULE 9, party in default. Thereupon, the court shall proceed to render judgment granting 1. Declaration of Default: This is the phase contemplated under the first sentence of Sec. 3, Rule 9, of the
SEC. 3 the claimant such relief as his or her pleading may warrant, unless the court in Amended Rules. This happens when a party-disputant fails to file his answer to the pleading asserting a
its discretion requires the claimant to submit evidence. Such reception of claim against him, within the time specified in the rules –of within such extended time as allowed by the court.
evidence may be delegated to the clerk of court.
2. Rendition of Judgment by Default. This is the phase contemplated under the second sentence of Section
3, Rule 9 of the Amended Rules, as when the court would render judgment granting the claimant such relief
his or her complaint and/or the facts proven may warrant.
(A) WHAT IS THE EFFECT OF ORDER OF DEFAULT?
(a) Effect of order of default. — A party 1. A party in default loses his standing in court. He cannot appear therein, adduce evidence and be heard nor
(a) Effect of order of default.—
RULE 9, in default shall be entitled to notices of take party in trial.
A party in default shall be entitled to
SEC. 3 (A) subsequent proceedings but shall not
notice of subsequent proceedings but
take part in the trial. But while the party in default loses his standing in court, he shall be entitled to notice of subsequent
not to take part in the trial.
proceedings but not to take part in the trial. In other words, a defaulted defendant is not actually thrown out of
court (S.C. Johnson & Sons vs. Court of Appeals, G.R. No. 54040, August 14, 1990).
(B) RELIEFS FROM ORDER OF DEFAULT

> Remedy after notice of order of default and before judgment:
(b) Relief from order of default. — A party declared in default may at any time 1. He may FILE A MOTION UNDER OATH TO SET ASIDE THE ORDER OF DEFAULT and show that
after notice thereof and before judgment, file a motion under oath to set aside (a) the failure to answer was due to fraud, accident, mistake, or excusable negligence (FAME), and
RULE 9, the order of default upon proper showing that his or her failure to answer was (b) he has meritorious defense contained in an affidavit of merit.
SEC. 3 (B) due to fraud, accident, mistake or excusable negligence and that he or she has
a meritorious defense. In such case, the order of default may be set aside on > Remedy after judgment and before judgment becomes final and executory:
such terms and conditions as the judge may impose in the interest of justice. 1. He may FILE A MOTION FOR NEW TRIAL under Rule 37 of the Rules of Court; OR
2. If the motion for new trial is denied, or where he did not file one, he may FILE AN APPEAL FROM AND
ON THE MERITS (from the judgment by default) within the balance of the period for perfecting an appeal (15
days from notice of the judgment by default ... (Lina vs. CA, 135 SCRA 637).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
> Remedy after the judgment becomes final and executory:

1. If he failed to take of any such steps, he could also FILE A PETITION FOR RELIEF under Rule 38, within
60 days from notice of the judgment but within 6 months from entry thereof.
Example:
―X‖ filed case for recovery of a parcel of land
against ―A‖, ―B‖, and ―C‖, the three being
siblings and who all occupied the litigated parcel
of land under claim, and in the concept, of co-
ownership having allegedly. ―A‖ and ―B‖ jointly
filed an answer, but ―C‖ did not file join with
them in filing that answer, much less has he
filed a separate answer to the complaint. Even if
C. EFFECT OF PARTIAL DEFAULT ―C‖ is declared in default, he would stand to be
A party in default loses his standing in court. benefited by the answer filed by his siblings,―A‖
But where there are several defendants in a case and and ―B‖.
some of them file their answer while one or a few of them
(c) Effect of partial default. — When a pleading asserting a claim states a
are declared in default, the answer thus filed may inure to Thus, in the above, situation, if the answering
RULE 9, common cause of action against several defending parties, some of whom
the advantage of the defaulted defendant(s) if: defendants, ―A‖ and ―B‖, succeed in defeating
SEC. 3 (C) answer and the others fail to do so, the court shall try the case against all upon
the ―X’s‖ claim, such positive result inures also
the answers thus filed and render judgment upon the evidence presented.
(1) the complaint asserting a claim states a COMMON to the benefit of ―C‖(Bringas vs. Hernando, G.R.
CAUSE OF ACTON against the defendants, and No. 51933, September 24, 1986).
(2) all the defendants are indispensable parties to the
case (Imson vs. Court of Appeals, G.R No. 106436, But where both the answering defendants,―A‖
December 3, 1994). and ―B‖, died during the pendency of the action
such that the case is dismissed as to the both of
them, the answer that they filed would not inure
to the advantage of ―C‖. The same rule applies
where the defenses alleged by ―A‖ and ―B‖ are
personal to them, as when, for example, they
both alleged that they were but actually forced
or coerced by ―C‖ to likewise enter and occupy
the property (by analogy, see Luzon Surety vs.
Magbanua, 72 SCRA 255).
If the evidence presented against the defendant should not justify a judgment for the party, the claim must be
dismissed.
RULE 9, (d) Extent of relief to be awarded. — A judgment rendered against a party in
SEC. 3 (D) default shall neither exceed the amount or be different in kind from that prayed And if an unfavorable judgment against the defaulted defending party be justifiable, it cannot, however,
for nor award unliquidated damages. exceed in amount or different from what is prayed for in the complaint or pleading asserting a claim, and the
prohibition holds true even if the complainant is able to prove during the reception of evidence a higher
amount of damages (Keller vs. GOB Group Marketing, 141 SCRA 86).
(e) Where no defaults allowed.— If (e) Where no defaults allowed. — If the
the defending party in action for defending party in an action for As stated herein, default is not allowed in the following:
RULE 9, annulment or declaration of nullity of annulment or declaration of nullity of 1. Annulment of marriage;
SEC. 3 (E) marriage or for legal separation fails marriage or for legal separation fails to 2. Declaration of nullity of marriage;
to answer, the court shall order the answer, the court shall order the 3. Legal separation
prosecuting attorney to investigate Solicitor General or his or her
whether or not a collusion between deputized public prosecutor, to In the above-mentioned cases, if the respondent failed to file an answer, the court shall not, as it cannot,
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
the parties exists if there is no investigate whether or not a collusion issue an order declaring the respondent in default, in that the court will just order the Solicitor General or his
collusion, to intervene for the State in between the parties exists, and if there or her deputized public prosecutor, to investigate whether or not a collusion between the parties exists, and if
order to see to it that the evidence is no collusion, to intervene for the there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not
submitted is not fabricate. State in order to see to it that the fabricated. In other words, there will be reception of evidence ex parte, without the court issuing, as it cannot
evidence submitted is not fabricated. issue, an order of default.
In the following cases also, there will be reception of evidence ex parte after the defendant or respondent fails
to file an answer, without the court having to issue, as it cannot issue, an order of default for the reason that
the filing of a motion for default is prohibited therein, viz:
1. Small claims cases (Section 14, A.M. No. 08-8-7-SC, Rules of Procedure for Small Claims Cases as
amended);
2. Writ of Amparo cases (Section 11(h), Rules on the Writ of Amparo);
3. Writ of Habeas Data cases (Section 13(h), Rules on the Writ of Habeas Data); and
4. Case governed by the Rules on Summary Procedure (Section 19(h) of the 1991 Revised Rules on
Summary Procedure)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
1997 RULES OF CIVIL
PROCEDURE
Amendment of pleading refers to the process of making changes or alterations therein.
Section 1. Amendments in general. — Pleadings may be amended by adding
or striking out an allegation or the name of any party, or by correcting a How are the pleadings amended?
mistake in the name of a party or a mistaken or inadequate allegation or (1) by adding or striking out an allegation or the name of any party,
RULE 10,
description in any other respect, so that the actual merits of the controversy (2) by correcting a mistake in the name of a party, or a mistaken or inadequate allegation or description in any
SEC. 1
may speedily be determined, without regard to technicalities, in the most other respect.
expeditious and inexpensive manner.
Rationale: Amendments are allowed so that the actual merits of the controversy may speedily be determined,
without regard to technicalities, in the most expeditious and inexpensive manner.
A party may amend his pleading/s*:
1. As a matter of right, (w/o leave of court)

 Once, if the defendant has not yet served his
answer thereto.
 At any time before a responsive pleading is served.
* The rules mentioned equally applies to the
This rule holds true even if the defendant has
defendant. The defendant can amend his answer
already filed a motion to dismiss because a motion
once as a matter of right before the filing by the
to dismiss is not a responsive pleading.
plaintiff of a reply. But if the defendant wishes to
Section 2. Amendments as a matter of right. — A party may amend his
amend his answer for the second time, he needs to
RULE 10, pleading once as a matter of right at any time before a responsive pleading is 2. As a matter of discretion (movant must obtain leave of
obtain leave of court to be able to do that even if the
SEC. 2 served or, in the case of a reply, at any time within ten (10) calendar days after court)
plaintiff has not yet filed a reply. Defendant likewise
it is served.  If the plaintiff wants to amend his complaint for
needs a leave of court to amend his answer where
the second time (even if the defendant has not
the plaintiff has already filed a reply even if such
filed his answer to the complaint.)
purported amendment is to be done for the first time.
 Where the defendant has already filed an
answer, even if such purported amendment is to
be done for the first time.
The amendment qualified the period of 10 days to 10

calendar days.
SEC. 3. Amendments by leave of Section 3. Amendments by leave of

court.— Except as provided in the court. — Except as provided in the next The amendment makes it not merely directory but
next preceding section, substantial preceding Section, substantial mandatory for the court to deny leave if the motion was
amendments may be made only amendments may be made only upon made with intent to delay, confer jurisdiction on the court,
upon leave of court. But such leave of court. But such leave shall be or the pleading stated no cause of action from the
RULE 10,
leave may be refused if it appears refused if it appears to the court that the beginning which could be amended.
SEC. 3
to the court that the motion was motion was made with intent to delay or
made with intent to delay. Orders confer jurisdiction on the court, or the It was settled, in Ventura v. Militante, G.R. No. 63145,
of the court upon the matters pleading stated no cause of action from that an amendment to confer jurisdiction on the court will
provided in this section shall be the beginning which could be amended. not be allowed.
made upon motion filed in court, Orders of the court upon the matters
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
and after notice to the adverse provided in this Section shall be made
party, and an opportunity to be upon motion filed in court, and after
heard. notice to the adverse party, and an
opportunity to be heard.
Unlike substantial amendments, a formal amendment
may be done at any stage of action – before or even
after the filing of a responsive pleading,or during the
pendency of the action – and this may be done
Section 4. Formal amendments. — A defect in the designation of the parties summarily by the court, at its own initiative or on motion,
RULE 10, and other clearly clerical or typographical errors may be summarily corrected provided no prejudice is caused thereby to the parties.
SEC. 4 by the court at any stage of the action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party. Verily, an amendment from sole proprietorship to name
of owner is a mere formal amendment and should thus
be allowed (Juasing Hardware vs. Mendoza, 115 SCRA
783).
SEC. 5. Amendment to conform to Relate this to our discussion on Section 1, Rule 9:

or authorize presentation of ―Defenses and objections not pleaded either in a motion
Ex. 1
evidence.— When issues not to dismiss or in the answer are deemed waived.”
In an action for collection of unpaid loan, defendant
raised by the pleadings are tried
filed his answer in which the only affirmative defense
with the express or implied Under the old rules, when evidence not within the issues
that he interposed is payment. During the trial,
consent the parties, they shall be raised in the pleadings is presented by the parties during
however, he presented evidence tending to prove that
treated in all respects as if they trial, the pleadings are subsequently amended on motion
his obligation has been extinguished by way of
had been raised in the pleadings. Section 5. No amendment necessary to of a party to conform to such evidence. Thus, a
novation, and, for one reason or another, the plaintiff
Such amendment of the pleadings conform to or authorize presentation of complaint which fails to state a cause of action may be
did not interpose any objection to such evidence and
as may be necessary to cause evidence. — When issues not raised by cured by evidence presented during trial.
that he even prayed the court to rule on that issue.
them to conform to the evidence the pleadings are tried with the express
RULE 10, and to raise these issues may be or implied consent of the parties, they However, as amended, Sec. 5, Rule 10, provides that
The court, in that situation, may tackle and resolve
SEC. 5 made upon motion of any party at shall be treated in all respects as if they where there is evidence introduced on an issue which is
such issue on novation of obligation, albeit it was not
any time, even after judgment; but had been raised in the pleadings. No not raised by the pleadings and without any objection
raised in the pleadings.
failure to amend does not affect amendment of such pleadings deemed thereto being raised by the parties, there will be no more
the result of the trial of these amended is necessary to cause them to amendment necessary to conform to or authorize
issues. If evidence is objected to conform to the evidence. presentation of evidence, and that ,such issues shall be
at the trial on the ground that it is treated in all respects as if they had been raised in the
not within the issues made by the pleadings.
pleadings, the court may allow the
pleadings to be amended and Thus, Section 5, Rule 10, as amended may apply in
shall do so with liberality if the situations such as when:
presentation of the merits of the 1. The issues not raised by the pleadings are tried by
action and the ends of substantial express or implied consent of the parties;
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
justice will be subserved thereby. Ex. 2.

The court may grant a An action for collection of an unpaid loan is filed in
2. When the complaint insufficiently states a cause of
continuance to enable the court. At the time of the filing of the complaint, the
action (as differentiated from lack of cause of action), in
amendment to be made. promissory note had already matured, but the
that any such insufficiency may be cured by evidence
complaint failed to state, however, that plaintiff
presented during the trial.
already made a demand upon the defendant to pay.
Defendant had already filed his answer to the
complaint. And plaintiff did not bother to amend his
complaint. But during the trial, plaintiff introduced in
evidence the demand letter which he sent to the
defendant, and defendant did not object thereto.
Q: Can the court take cognizance of the demand

letter?
A: Yes, and that’s allowed under Section 5, Rule 10 of
the Amended Rules.
In the above situation, there is no more need to

amend the complaint to conform to the evidence
presented – unlike under the previous rule.
For example, if a complaint failed to allege the

fulfillment of a condition precedent upon which the
cause of action depends, evidence showing that such
condition had already been fulfilled when the
complaint was filed may be presented during the trial,
However, the curing effect under Section 5 is and the complaint may accordingly be amended
applicable only if a cause of action in fact exists at the thereafter.
time the complaint is filed, but the complaint is defective
for failure to allege the essential facts. Thus, in Roces v. Jalandoni, this Court upheld the trial
court in taking cognizance of an otherwise defective
Unless the plaintiff has a valid and subsisting cause of complaint which was later cured by the testimony of
action at the time his action is commenced, the defect the plaintiff during the trial. In that case, there was in
cannot be cured or remedied by the acquisition or fact a cause of action and the only problem was the
accrual of one while the action is pending, and a insufficiency of the allegations in the complaint.
supplemental complaint or an amendment setting up
such after-accrued cause of action is not permissible‖ It thus follows that a complaint whose cause of action
(Swagman Hotels And Travel Inc. vs. Court of Appeals, has not yet accrued cannot be cured or remedied by
455 SCRA 175). an amended or supplemental pleading alleging the
existence or accrual of a cause of action while the
case is pending. Such an action is prematurely
brought and is, therefore, a groundless suit, which
should be dismissed by the court upon proper motion
seasonably filed by the defendant. The underlying
reason for this rule is that a person should not be
summoned before the public tribunals to answer for
complaints which are immature.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
Ex.
I obtained a loan from Waldi, in the principal amount
of 1 Million, payable in one year and in four (4) equal
Supplemental pleadings are those which aver facts quarterly installments, and for which I issued four (4)
occurring after the filing of the original pleadings and post-dated checks. When the first two post-dated
which are material to the mature claims or defenses checks matured, Waldi presented the same for
therein alleged. payment but the same were dishonored for
SEC. 6. Supplemental pleadings.— Upon motion of a party the court may, insufficiency of funds. Waldi then filed a case for sum
upon reasonable notice and upon such terms as are just, permit him to serve a A supplemental pleading exists side by side with the of money based on the first two post-dated checks
supplemental pleading setting forth transactions, occurrences or events which original. It does not replace that which it supplements. which bounced. But during the pendency of the case,
RULE 10, have happened since the date of the pleading sought to be supplemented. The Moreover, a supplemental pleading assumes that the the other two post-dated checks fell due and were
SEC. 6 adverse party may plead thereto within ten (10) days from notice of the order original pleading is to stand and that the issues joined likewise dishonored by non-payment.
admitting the supplemental pleading. with the original pleading remain as issues to be tried in
action. It is but a continuation of the complaint. Its usual Q: Can Waldi subsequently file a supplemental
office is to set up new facts which justify, enlarge or complaint for the other two post-dated checks?
change the kind of relief with respect to the same subject
matter as the controversy referred to in the original A: Yes, provided that he obtains LEAVE OF COURT.
complaint (Chan vs. Chan, 569 SCRA 106). A supplemental complaint may be filed for
installments that fall due after the filing of the
complaint (Asiatic Petroleum vs. Veloso, 62 Phil.
687).
Amendments to a pleading should be indicated in the amended pleading, as by underscoring, enclosing them in
Section 7. Filing of amended pleadings. — When any pleading is amended, a
RULE 10, quotation marks, putting them in capital letters, etc., as would make them readily evident.
new copy of the entire pleading, incorporating the amendments, which shall be
SEC. 7
indicated by appropriate marks, shall be filed.
In actual practice, amendments are normally indicated in the pleading as by underscoring the changes.
Ex.
An amended pleading supersedes the pleading it
If in the original answer, the defendant admitted the
amends. Be that as it may, the original the pleading is
obligation but interposed the defense of payment and,
not physically expunged from the records of the case.
that later on, the defendant amended his answer and
Reference can thereby be made thereto, in that any
Section 8. Effect of amended pleadings. — An amended pleading supersedes totally denied having contracted a debt from the
statement contained therein may be considered as an
the pleading that it amends. However, admissions in superseded pleadings plaintiff, the admission contained in the original
RULE 10, extrajudicial admission. But, in order that the court may
may be offered in evidence against the pleader, and claims or defenses answer may be received in evidence against the
SEC. 8 take it into consideration as such, it should, however, be
alleged therein not incorporated in the amended pleading shall be deemed defendant. Such original answer, however, should be
formally offered in evidence.
waived. introduced formally in evidence by the plaintiff, as the
court will not motu proprio take judicial notice of that.
If it is not offered in evidence, the admission
contained therein will not be considered.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
1. However, the filing of the amended pleading does not Ex. 1

retroact to the filing of the original pleading, hence, the I obtained a loan from Waldi, in the principal amount
statute of limitations runs until the filing of the of 1 Million, for which I issued two (2) post-dated
amendment (Ruymann, et al. vs. Director of Lands, 34 checks which would fall, due, as the same matured,
Phil. 429). on a similar date but to be drawn against two different
drawee banks – PNB and BPI. I did not pay my
2. But an amendment which merely supplements and obligation, prompting Waldi to file a case for collection
amplifies facts originally alleged in the complaint relates of sum of money. Waldi filed the complaint on the last
back to the date of the commencement of the action and day of the prescription of the action. In the complaint
is not barred by the statute of limitations which expired that he filed, Waldi merely demanded payment for the
after the service of the original complaint. It is the actual PNB check, as he forgot about the BPI check. After
filing in court (of the original pleading) that controls and the filing of the complaint, Waldi realized, to his
not the date of the formal admission of the amended dismay, that he omitted the BPI check, such that he
pleading (Verzosa vs. Court of Appeals, G.R. No. hurriedly amended the complaint to include the BPI
119511-13, November 24, 1998). check in the action and demand payment therefor,
and to likewise include an allegation that he actually
3. However, the immediately preceding rule would not made demands upon me for the payment of the two
apply to the party who was impleaded for the first time in checks, and he filed the amended complaint even
the amended complaint which was filed after the period before I could file my answer to the original complaint.
of prescription had already lapsed, hence the amended
must be dismissed as to such party who was thus Q: Has the action prescribed insofar as the BPI
belatedly included in the action (Seno vs. Mangubat, et check is concerned?
al., L-44339, December 2, 1987). A: Yes. The action has prescribed insofar as the BPI
check is concerned. The filing of the amended
pleading does not retroact to the filing of the original
pleading, hence, the statute of limitations runs until
the filing of the amendment (Ruymann, et al. vs.
Director of Lands, 34 Phil. 429).
Ex. 2
Q: Has the action also prescribed insofar as the PNB
check is concerned?
A: No. The action has not prescribed insofar as the
PNB check is concerned. An amendment which
merely supplements and amplifies facts originally
alleged in the complaint relates back to the date of the
commencement of the action and is not barred by the
statute of limitations which expired after the service of
the original complaint. It is the actual filing in court (of
the original pleading) that controls and not the date of
the formal admission of the amended pleading
(Verzosa vs. Court of Appeals, G.R. No. 119511-13,
November 24, 1998)
Ex. 3
Q: Suppose in the amended complaint, Waldi
impleaded Randi as an additional defendant,
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
inasmuch as Randi likewise signed the two bum

checks as a co-signatory/joint signatory therein. Has
the action prescribed as to him?
A: Yes, both with respect to the PNB and the BPI
Checks. The immediately preceding rule as
enunciated in Verzosa case would not apply to the
party who was impleaded for the first time in the
amended complaint which was filed after the period of
prescription had already lapsed, hence the action
must be dismissed as to such party who was thus
belatedly included in the action (Seno vs. Mangubat,
et al., L-44339, December 2, 1987).
Be it noted, however, that while an amended pleading
supersedes the pleading it amends, it does not ipso
facto follow that where what is amended is the
complaint, new summons would then be served on
the defendant. Such is not required with respect to the
defendant who has already appeared before the trial
court by virtue of a summons in the original complaint,
as by filing an answer to the original complaint. In that
situation, the amended complaint would just have to
be served upon the defendant without need of
another summons.
Conversely, where the defendant has not yet been

served with summons under the original complaint
and such pleading is later on amended, new
summons should thus be served upon the defendant.
If the trial court has not yet acquired jurisdiction over
the defendant, a new summons for the amended
complaint is required (Vlason Enterprises Corp. vs.
Court of Appeals, 310 SCRA 26). This is the rule to
be followed also with respect to newly impleaded
defendant or one who is impleaded only under the
amended complaint. Summons must also be served
on the newly impleaded defendant, so that the court
can acquire jurisdiction over his person because,
logically, the newly impleaded defendant cannot be
deemed to have already appeared by virtue of the
summons under the original complaint.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
1997 RULES OF CIVIL
PROCEDURE
Under the 1997 Rule of Civil Procedure, the defendant is given a
period of 15 days from service of summons within which to file his
answer to the complaint. But under the Amended Rules, the
defendant is now given a longer period to plead his answer to the
complaint, that is, within 30 calendar days after service of the
summons, unless a different period is fixed by court.
How do you compute the 30-day period?

The day of the act or event from which the designated period of
time begins to run is to be excluded and the date of performance
included. If the last day of the period, as thus computed, falls on a
If the defendant was served with summons
Saturday, a Sunday, or a legal holiday in the place where the court
on March 1, 2020 (assuming that it was a
sits, the time shall not run until the next working day (Sec.1, Rule
working day), then defendant has until
22).
March 31, 2020 within which to file his
answer to the complaint (March 1 + 30
IOW, the first day is excluded, and the last day is included. (See
days).
example on the right)
> In computing the 30-day period to file an
Exceptions
Where a longer period is given to the defendant within which to file answer, you exclude the day on which
his, her, or its answer, under the following circumstances: summons was served on the defendant,
Section 1. Answer to the complaint. — The defendant shall file his or her
RULE 11, but you have to include the last day within
answer to the complaint within thirty (30) calendar days after service of
SEC. 1 which to file the required pleading.
summons, unless a different period is fixed by the court. i. Section 2, Rule 11 – where the defendant is a foreign
private juridical entity (60 calendar days from service of
summons); If, however, the last day to file the
pleading–March 31, 2020–fell on a
ii. Section 16, Rule 14 – where the identity or whereabout of Saturday, a Sunday, or wasdeclared a
legal holiday, the defendant could then file
the defendant is unknown (60 calendar days from
his answer on the next business day–that
summons by publication); and
is, April 1, 2020. This rule holds true even
iii. Section 17, Rule 14 – where there is extraterritorial service the Bureau of Posts and its branches are
of summons (60 calendar days from notice). open on a holiday which happens to be the
last day for filing a pleading.
iv. Section 11, Rule 11- where defendant files a motion for
extension of time to file an answer and said motion is
granted by the court.
 There is an additional period of not more than
thirty (30) calendar days to file an answer.
 Defendant is only allowed to file one (1) motion
for extension of time to file an answer.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
In conjunction with Sec. 14, Rule 14 of the Amended Rules, when defendant is a foreign private juridical entity,
service of summons may be made upon:
 its resident agent
 if there be no such agent, on the government official designated by law to that effect, or
Section 2. Answer of a defendant foreign private juridical entity. — Where the
defendant is a foreign private juridical entity and service of summons is made  on any of its officers, agents, directors or trustees within the Philippines.
RULE 11, After summons is served with the aforementioned, then the time time to answer shall be thirty (30) calendar days
on the government official designated by law to receive the same, the answer
SEC. 2 from service of summons, in accordance with Section 1, Rule 11 of the Amended Rules.
shall be filed within sixty (60) calendar days after receipt of summons by such
entity.
If, however, service of summons is served on the government official designated by law to receive the same, it
shall be the duty of that government official to send copy of the summons to the home office of the said defendant,
and the time to answer shall be sixty (60) calendar days after receipt thereof by the home office, pursuant to
Section 2, Rule 11 of the Amended Rules.
Section 3. Answer to amended complaint. — When the plaintiff files an
amended complaint as a matter of right, the defendant shall answer the same
within thirty (30) calendar days after being served with a copy thereof.
> Amendment is a matter of right (one which does not require leave of court): thirty (30) calendar days within
Where its filing is not a matter of right, the defendant shall answer the
which to file an answer shall be counted from service of the amended complaint.
RULE 11, amended complaint within fifteen (15) calendar days from notice of the order
SEC. 3 admitting the same. An answer earlier filed may serve as the answer to the
> Amendment is not a matter of right: (one which requires leave of court), the fifteen (15) calendar days within
amended complaint if no new answer is filed.
which to file an (amended) answer shall be reckoned from notice of the order admitting the amended complaint.
This Rule shall apply to the answer to an amended counterclaim, amended
crossclaim, amended third (fourth, etc.)-party complaint, and amended
complaint-in-intervention.
Relate this to our discussion on Sections 6 and 7, Rule 6 of the Amended Rules.
The counterclaim which needs to be answered to, and within the twenty (20) calendar days given, under Section
4, Rule 11 of the Amended Rules is a PERMISSIVE COUNTERCLAIM. After all, a plaintiff who fails or chooses
not to answer a COMPULSORY COUNTERCLAIM–where the purported answer thereto would just be a repetition
of the allegations in the complaint or where the issues raised in the counterclaim are inseparable from those
raised in the complaint–cannot be declared in default (Gojo vs. Goyala, 35 SCRA 557; Navarro vs. Bello, 102 Phil.
RULE 11, Section 4. Answer to counterclaim or cross-claim. — A counterclaim or cross-
1019; Sarmiento vs. Juan, 120 SCRA 403).
SEC. 4 claim must be answered within twenty (20) calendar days from service.
And, as discussed before in the topic pertaining to the effects of default, even if the plaintiff is declared in default
for his failure to answer a PERMISSIVE COUNTECLAIM within the reglementary period under Section 4, Rule 11
of the Amended Rules, he is not necessarily divested of his standing in court or his right to present his evidence in
chief in support of his complaint nor will it per se entitle the defendant to immediate judgment on the counterclaim
(Navarro vs. Bello, 102 Phil. 1019).
The period to file an answer to third (fourth, etc.)-party complaint shall be governed by Sections 1, 2, or 3, all of
Section 5. Answer to third (fourth, etc.)-party complaint. — The time to answer Rule 11 of the Amended Rules, as the case may be, and as may be warranted by the circumstances. Hence, the
RULE 11,
a third (fourth, etc.)-party complaint shall be governed by the same rule as the third (fourth, etc.)-party defendant also has 30, 60, or 15 (anent amended complaint filed upon leave of
SEC. 5
answer to the complaint. (5) court)calendar days from service/receipt of summons or amended complaint, as the case may be, to file his
answer just like the original defendant.
Section 6. Reply. — A reply, if allowed under Section 10, Rule 6 hereof, may Take note that, under Section 10, Rule 6 of the Amended Rules, the plaintiff may file reply ONLY if the defending
RULE 11,
be filed within fifteen (15) calendar days from service of the pleading party attaches an actionable document to his or her answer, and the plaintiff has fifteen (15) calendar days from
SEC. 6
responded to. receipt of such answer to file his desired reply. Failing in that, the plaintiff, therefore, is deemed to have admitted
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the genuineness and due execution of the actionable document attached to the answer, pursuant to Section 8,
Rule 8 of the Amended Rules.
It is to be noted, however, that under Section 10, Rule 6 of the Amended Rules, the defendant may file a rejoinder
if an actionable document is attached to plaintiff’s reply. Failing in that, the defendant, is also deemed to have
admitted the genuineness and due execution of the actionable document attached to the reply, pursuant to
Section 8, Rule 8 of the Amended Rules.
But, perhaps by inadvertence, the Amended Rules which now provides and allows the filing of a rejoinder does not have
an express provision on the reglementary period for filing a rejoinder. I may be wrong on this, but it is my considered
view that, inasmuch as rejoinder is of similar footing with a reply, then rejoinder may thus be filed within fifteen (15)
calendar days from defendant’s receipt of the reply to which an actionable document is attached
Section 7. Answer to supplemental complaint. — A supplemental complaint
may be answered within twenty (20) calendar days from notice of the order
RULE 11,
admitting the same, unless a different period is fixed by the court. The answer
SEC. 7
to the complaint shall serve as the answer to the supplemental complaint if no
new or supplemental answer is filed.
Here, it is required that a compulsory counterclaim or cross-claim should be pleaded in the answer, and not in any
other pleading.
Section 8. Existing counterclaim or cross-claim. — A compulsory counterclaim
RULE 11,
or a cross-claim that a defending party has at the time he or she files his or her Sight should not be lost of the fact that Section 8, Rule 11 expressly mentions about COMPULSORY
SEC. 8
answer shall be contained therein. COUNTERCLAIM or cross-claim – that which should be set up in the answer. The same is not, however, required
of a PERMISSIVE COUNTERCLAIM. After all, a PERMISSIVE COUNTERCLAIM need not be set up in the
answer, as it can be prosecuted separately.
Example:
I borrowed money from Waldi, evidenced
by a promissory which contained a
stipulation on interest at the rate of 10%
per month. The obligation was to fall due
and payable after 1 year. After 6 months,
Relate this to our discussions on Section 7, Rule 6; Section 2, Rule however, I, the borrower, filed a case
9; and Section 8, Rule 11 of the Amended Rules. against Waldi, seeking for the nullification
of the stipulated interest (and only the
Section 9, Rule 11 of the Amended Rules, above, applies to a interest) for being supposedly usurious,
Section 9. Counterclaim or cross-claim arising after answer. — A counterclaim
situation where the counterclaim or cross-claim accrues only after unjust and unconscionable.
RULE 11, or a cross-claim which either matured or was acquired by a party after serving
the filing of the answer, such that the same could not, of course, be
SEC. 9 his or her pleading may, with the permission of the court, be presented as a
pleaded therein. So, to remedy the situation, the pleader may In his answer, Waldi merely traversed the
counterclaim or a cross-claim by supplemental pleading before judgment. (
present such belated counterclaim via a supplemental pleading, but issue about the legality and propriety of the
this naturally requires permission or leave of court, pursuant to interest. And, in his answer, he could not
Section 6, Rule 10 of the Amended Rules. reasonably set up the demand for the
payment of the loan by way of
counterclaim for the simple reason it has
not yet matured by then. If the during the
pendency of the case, my obligation
matures, Waldi can then ask for leave of
court to file a supplemental answer thereby
demanding, by way of counterclaim, the
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payment of the principal loan. And that is

allowed under Section 9, Rule 11 of the
Amended Rules.
Section 10. Omitted counterclaim or cross-claim. — When a pleader fails to set
RULE 11, up a counterclaim or a cross-claim through oversight, inadvertence, or
SEC. 10 excusable neglect, or when justice requires, he or she may, by leave of court,
set up the counterclaim or cross-claim by amendment before judgment.
Relate this to our discussions on Section 1, Rule 11 of the Amended Rules.
Unlike in the 1997 Rules of Civil Procedure, the Amended Rules makes it clear that a motion for extension to file
answer is allowed to be filed only ONCE, but, if there is any consolation, under the Amended Rules, such
extension to file answer may be good for 30 calendar days.
Take note, however, that a motion for extension of time to file answer should be filed before (and expectedly near)
Section 11. Extension of time to file an answer. — A defendant may, for the expiration of the original period to file an answer because if it is filed after that, then there is no longer any
meritorious reasons, be granted an additional period of not more than thirty period to extend.
(30) calendar days to file an answer. A defendant is only allowed to file one (1)
RULE 11, motion for extension of time to file an answer. Be that as it may, recall what has been discussed before that even if the original or the extended period to answer
SEC. 11 has already expired, the defendant can still file his answer belatedly, and he cannot be declared in default,
A motion for extension to file any pleading, other than an answer, is prohibited especially where no motion is yet filed to declare him in default and/or where no order is yet issued declaring him
and considered a mere scrap of paper. The court, however, may allow any in default, and there is no showing that he intended to delay the case (Cathay Pacific Airways, Ltd. vs. Romillo,
other pleading to be filed after the time fixed by these Rules. G.R. No. 64276, March 4, 1986; San Pedro Cineplex Properties, Inc. vs. Heirs of Manuel Humada Enano, 635
SCRA 421). Out of courtesy to the court, however, you file an Ex-parte Motion to Admit the Answer and attach
thereto the answer that is belatedly filed.
While one motion for extension may be filed with respect to filing of an answer, the rule prohibits the filing of a
motion for extension for the filing of other pleadings, like reply or rejoinder, as the case may be. However, and as
provided under the rules, the court may allow any other pleading to be filed after the time fixed by these Rules.
SUMMARY OF PERIODS OF WHEN TO FILE THESE RESPONSIVE PLEADINGS: 3. Answer to an amended complaint:
Pleading should be filed with the following periods …
 Amendment is a matter of right: 30 calendar days
1. Answer: 30 calendar days (may be extended for another 30 calendar days)
 Amendment is not a matter of right: 15 calendar days
2. Answer of a private corporation:
4. Answer to counterclaim or cross-claim: 20 calendar days
a) With authorized agents, officers, directors, or trustees in the Philippines: 30
5. Answer to 3rd (4th)-party complaint: 30, 60, or 15 calendar days, as the case may be.
calendar days
b) Without authorized agents, officers, directors, or trustee in the Philippines: 60 6. Reply: 15 calendar days
calendar days 7. Answer to supplemental complaint: 20 calendar days
8. Rejoinder: Not provided in the rules. opined that it has to be filed within 15 calendar days.
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RULE 13
FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS
PROVISION 1997 RULES OF CIVIL PROCEDURE 2019 AMENDMENTS COMMENTS EXAMPLES
SECTION 1. Coverage.— This Rule shall Filing: is the act of submitting the pleading or other paper to the court.
Sec. 1 Coverage. — This Rule shall govern the filing of all
govern the filing of all pleadings and
RULE 13, pleadings, motions, and other court submissions, as well as
other papers, as well as the service Service: the act of providing a party of the pleading or other court submission.
SEC. 1 their service, except those for which a different mode of
thereof, except those for which a
service is prescribed. (1a)
different mode of service is prescribed. How is service made?
When party is appeared by counsel:
 Thru counsel (except if the court directs that service be made to the party himself).
Sec. 2 Filing and Service, defined. — Filing is the act of
submitting the pleading or other paper to the court. The start of the corresponding reglementary period for the subsequent procedural steps
SEC. 2. Filing and service, defined.—
that may be taken in a case shall start to run from service made upon the counsel.
Filing is the act of presenting the
Service is the act of providing a party with a copy of the
pleading or other paper to the clerk of
pleading or any other court submission. If a party has It is not enough that the attorney appeared during the trial, in that he must make a formal
court. Service is the act of providing a
appeared by counsel, service upon such party shall be entry of appearance. Without such formal appearance, counsel is not entitled to notice.
party with a copy of the pleading or
made upon his or her counsel, unless service upon the party
paper concerned. If any party has
and the party’s counsel is ordered by the court. Where one Where the lawyer changed his address, he should file a formal change of address to
RULE 13, appeared by counsel, service upon him
counsel appears for several parties, such counsel shall only fairly inform the court and the adverse party about such change of address. Where a
SEC. 2 shall be made upon his counsel or one of
be entitled to one copy of any paper served by the opposite party changes his lawyer, there should be a formal notice of such substitution of counsel.
them, unless service upon the party
side. A lawyer’s withdrawal as counsel must be made in a formal petition filed in the case,
himself is ordered by the court. Where
without which, notice of judgment rendered in the case served on the counsel of record
one counsel appears for several parties,
Where several counsels appear for one party, such party is considered valid
he shall only be entitled to one copy of
shall be entitled to only one copy of any pleading or paper to
any paper served upon him by the
be served upon the lead counsel if one is designated, or Where one counsel appears for several parties, such counsel shall only be entitled to
opposite side.
upon any one of them if there is no designation of a lead one copy of any paper served by the opposite side. Likewise, where several counsels
counsel. appear for one party, such party shall be entitled to only one copy of any pleading or
paper to be served upon the lead counsel if one is designated, or upon any one of them
if there is no designation of a lead counsel.
SEC. 3. Manner of filing.— The filing of Section. 3. Manner of filing. — The filing of pleadings and First off, it should be noted that the foregoing provision deals only with FILING of
pleadings, appearances, motions, other court submissions shall be made by: pleadings, motions, and other court submissions WITH THE COURT. It does not deal
notices, orders, judgments and all other with SERVICE of pleadings, motions, etc.
papers shall be made by presenting the (a) Submitting personally the original thereof, plainly
original copies thereof, plainly indicated indicated as such, to the court; Under the old rules, the filing of pleading is only done in just two ways: (1) by personal
as such, personally to the clerk of court filing, or(2) by registered mail, but under the Amended Rules, the filing of pleading and
or by sending them by registered mail. In (b) Sending them by registered mail; other court submissions may now be done in four (4) different modes or ways, thus:
the first case, the clerk of court shall
RULE 13,
endorse on the pleading the date and (c) Sending them by accredited courier; or 1. By personal filing in court;
SEC. 3
hour of filing. In the second case, the 2. By registered mail;
date of the mailing of motions, pleadings, (d) Transmitting them by electronic mail or other electronic 3. By sending the pleadings, etc. through accredited couriers (like LBC, DHL, etc.);
or any other papers or payments or means as may be authorized by the Court in places where or
deposits, as shown by the post office the court is electronically equipped. 4. By transmitting them by electronic mail or other electronic means as may be
stamp on the envelope or the registry authorized by the court.
receipt, shall be considered as the date In the first case, the clerk of court shall endorse on the
of their filing, payment, or deposit in pleading the date and hour of filing. In the second and third 3. By sending the pleadings, etc. through accredited couriers
court. The envelope shall be attached to cases, the date of the mailing of motions, pleadings, and In the past, pursuant to the Benquet case, if the pleading is filed through a courier, the
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
the record of the case. other court submissions, and payments or deposits, as date of the actual receipt by the court of such pleading is deemed to be date of the filing
shown by the post office stamp on the envelope or the of the pleading, and not the date of delivery to the courier or carrier. But pursuant to the
registry receipt, shall be considered as the date of their rules, as amended, the ruling in the Benquet case is no longer controlling. Now, Where
filing, payment, or deposit in court. The envelope shall be the filing of the motion, pleading, etc. is done by registered mail or where the same is
attached to the record of the case. In the fourth case, the sent via an accredited courier, the date of the mailing of the motion, pleading, and other
date of electronic transmission shall be considered as the court submissions, and payments or deposits, as shown by the post office stamp on the
date of filing. envelope or the registry receipt, shall be considered as the date of their filing, payment,
or deposit in court.
Old Rules= date of actual receipt is the date of filing

New Rules= date of mailing is the date of filing
4. By transmitting them by electronic mail or other electronic means as may be

authorized by the court
The date of electronic transmission shall be considered as the date of filing.
But under Sec. 14, Rule 13, these pleadings can only be served personally, and is not
allowed to be served electronically:
(a) Initiatory pleadings and initial responsive pleadings, such as an answer;
(b) Subpoenae, protection orders, and writs;
(c) Appendices and exhibits to motions, or other documents that are 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.
For the pleadings subsequent to the complaint, like an answer, reply, or rejoinder, or
motions, the general procedure is to first serve or furnish copies whereof upon the
opposing party, through his or her lawyer, before filing the same with the court.
Section 4. Papers required to be filed and served. – Every judgment, resolution, order, pleading
RULE 13,
subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment or similar
SEC. 4 The lawyer has the right to be served with the formal or written order of the court. In fact
papers shall be filed with the court, and served upon the parties affected.
no judgment or order, final or interlocutory, had juridical existence unless reduced to
writing, filed with the clerk of court and the same does not bind the parties unless notice
thereof is served upon them by any of the modes prescribed by law.
Please take notice the foregoing provision deals only with SERVICE of pleadings,
motions, notices, orders, judgments, as differentiated from FILING of pleadings, etc.
Section 5. Modes of Service. — Pleadings, motions, notices, Unlike in the old rules and the 1997 Rules of Civil Procedure which merely allowed
orders, judgments, and other court submissions shall be service of pleadings, etc. in just two (2) ways: (1) by personal filing, OR (2) by
SEC. 5. Modes of service. — Service of served personally or by registered mail, accredited courier, registered mail, the Amended Rules now allow such service to be done through other
RULE 13, pleadings motions, notices, orders, electronic mail, facsimile transmission, other electronic means or methods, including, but not limited, to electronic means.Under Section 5, Rule
SEC. 5 judgments and other papers shall be means as may be authorized by the Court, or as provided 13 of the Amended Rules service may now be done through the following methods:
made either personally or by mail. for in international conventions to which the Philippines is a
party. (5a) 1. By Personal service; or
2. By registered mail; or
3. Accredited courier; or
4. Electronic mail; or
5. Facsimile transmission; or
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
6. Other electronic means as may be authorized by the Court; or

7. Through other means as provided for in international conventions to which the
Philippines is a party.
How personal service is effected:

Personal service is effected:
SEC. 6. Personal service.— Service of 1. by personally delivering the pleading, motion, notice, order, etc. to the
Section 6. Personal Service. — Court submissions may be  party
the papers may be made by delivering
served by personal delivery of a copy to the party or to the
personally a copy to the party or his  party’s counsel
party’s counsel, or to their authorized representative named
counsel, or by leaving it in his office with  authorized representative named in the appropriate pleading or motion,
in the appropriate pleading or motion, or by leaving it in his
his clerk or with a person having charge or
or her office with his or her clerk, or with a person having
thereof. If no person is found in his 2. by leaving it in his or her office with his or her
RULE 13, charge thereof. If no person is found in his or her office, or
office, or his office is not known, or he  clerk
SEC. 6 his or her office is not known, or he or she has no office,
has no office, then by leaving the copy,  with a person having charge thereof.
then by leaving the copy, between the hours of eight in the
between the hours of eight in the
morning and six in the evening, at the party's or counsel's
morning and six in the evening, at the If the person is not found in his or her office, or his or her office is not known, or he or
residence, if known, with a person of sufficient age and
party’s or counsel’s residence, if known, she has no office, personal service may also be done by personally delivering the
discretion residing therein. (6a)
with a person of sufficient age and documents to the party’s or counsel’s residence.
discretion then residing therein
Conversely, service of the pleading, motion, or other court submission on a mere visitor
in such residence is invalid.
SEC. 7. Service by mail.— Service by
registered mail shall be made by
depositing the copy in the post office, in Section 7. Service by mail. — Service by registered mail
a sealed envelope, plainly addressed to shall be made by depositing the copy in the post office, in a
the party or his counsel at his office, if sealed envelope, plainly addressed to the party or to the
known, otherwise at his residence, if party’s counsel at his or her office, if known, otherwise at his Section 7, Rule 13 of the Amended Rules gives preference to service by registered mail
RULE 13, known, with postage fully pre-paid, and or her residence, if known, with postage fully pre-paid, and compared to ordinary mail. In fact, service (but not filing) by ordinary mail may only be
SEC. 7 with instructions to the postmaster to with instructions to the postmaster to return the mail to the done if no registry service is available in the locality of either the sender or the
return the mail to the sender after ten sender after ten (l0) calendar days if undelivered. If no addressee.
(10) days if undelivered. If no registry registry service is available in the locality of either the
service is available in the locality of sender or the addressee, service may be done by ordinary
either the sender or the addressee, mail.
service may be done by ordinary mail.
(5a)
SEC. 8. Substituted service.— If service
of pleadings, motions, notices, Section 8. Substituted service. – If service of pleadings,
resolutions, orders and other papers motions, notices, resolutions, orders and other papers
cannot be made under the two preceding cannot be made under the two preceding sections, the office In a situation where, the situation where the pleadings, motions, notices, etc. cannot be
sections, the office and place of and place of residence of the party or his or her counsel served on the party or his or his lawyer either by personal service or by registered mail,
RULE 13,
residence of the party or his counsel being unknown, service may be made by delivering the copy as provided under the previous Sections, service may be made by delivering the copy to
SEC. 8
being unknown, service may be made by to the clerk of court, with proof of failure of both personal the clerk of court, with proof of failure of both personal service and service by mail. The
delivering the copy to the clerk of court, service and service by mail. The service is complete at the service is complete at the time of such delivery.
with proof of failure of both personal time of such delivery. (8a)
service and service by mail. The service
is complete at the time of such delivery.
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Section 9. Service by electronic means and facsimile. —

SEC. 9. Service of judgments, final Service by electronic means and facsimile shall be made if
Service by electronic means is normally done by sending the pleading, motions, orders,
orders or resolutions.— Judgments, final the party concerned consents to such modes of service.
notices, etc. through e-mail to the party’s or counsel’s e-mail address, or it may done
orders or resolutions shall be served
through other electronic means (perhaps through Viber, or Facebook Messenger, etc.)
either personally or by registered mail. Service by electronic means shall be made by sending an e-
as the parties may agree on, or upon direction of the court.
RULE 13, When a party summoned by publication mail to the party’s or counsel’s electronic mail address, or
SEC. 9 has failed to appear in the action, through other electronic means of transmission as the
It is advisable that, where the pleading or motion is to be furnished to the other or
judgments, final orders or resolutions parties may agree on, or upon direction of the court.
opposing party through electronic means, the sending party must employ any and all
against him shall be served upon him
means to ensure that his pleading or motion may not be tampered with or intercalated.
also by publication at the expense of the Service by facsimile shall be made by sending a facsimile
prevailing party. copy to the party’s or counsel’s given facsimile number. (n)
Section 10, Rule 13 of the Amended Rules applies to a situation where service of court
SEC. 10. Completeness of service.—
notices pertaining to a court setting (pre-trial setting, or hearing schedule) is done by
Personal service is complete upon actual Section 10. Presumptive service. — There shall be
mail, such that there arises a presumption that such notice reached the party or his or
delivery. Service by ordinary mail is presumptive notice to a party of a court setting if such notice
her counsel if the same was mailed to him or to her at least twenty (20) calendar days
complete upon the expiration of ten (10) appears on the records to have been mailed at least twenty
prior to the scheduled date of hearing if the addressee is from within the same judicial
days after mailing, unless the court (20) calendar days prior to the scheduled date of hearing
RULE 13, region of the court where the case is pending, or at least thirty (30) calendar days if the
otherwise provides. Service by and if the addressee is from within the same judicial region
SEC. 10 addressee is from outside the judicial region.
registered mail is complete upon actual of the court where the case is pending, or at least thirty (30)
receipt by the addressee, or after five (5) calendar days if the addressee is from outside the judicial
However, this section merely gives a disputable presumption that the party or counsel
days from the date he received the first region. (n)
receives the notification regarding court setting as, thus, sent to him or to her by mail.
notice of the postmaster, whichever date
This presumption may thus be rebutted by proof that the party or counsel did not actually
is earlier. (8a)
receive such notification about court setting.
SEC. 11. Priorities in modes of service Section 11. Change of electronic mail address or facsimile
and filing.— Whenever practicable, the number. — A party who changes his or her electronic mail
service and filing of pleadings and other address or facsimile number while the action is pending It is incumbent upon the party or counsel who changes his or her electronic mail address
papers shall be done personally. Except must promptly file, within five (5) calendar days from such or facsimile during the pendency of the case to promptly and formally notify the court
with respect to papers emanating from change, a notice of change of e-mail address or facsimile and the adverse party or opposing lawyer about such change of electronic mail address
RULE 13,
the court, a resort to other modes must number with the court and serve the notice on all other or facsimile number, within five (5) calendar days from such change; otherwise, service
SEC. 11
be accompanied by a written explanation parties. through his or her previous electronic mail address or facsimile number as, thus,
why the service or filing was not done appearing in the case records shall still be considered as valid.
personally. A violation of this Rule may Service through the electronic mail address or facsimile
be cause to consider the paper as not number of a party shall be presumed valid unless such party
filed. notifies the court of any change, as aforementioned.
SEC. 12. Proof of filing.— The filing of a Section 12. Electronic mail and facsimile subject and title of
pleading or paper shall be proved by its pleadings and other documents. — The subject of the
existence in the record of the case. If it is electronic mail and facsimile must follow the prescribed
not in the record, but is claimed to have format: case number, case title and the pleading, order or
been filed personally, the filing shall be document title. The title of each electronically-filed or served This mandates that the pleadings and other documents as are sent by electronic mail or
RULE 13, proved by the written or stamped pleading or other document, and each submission served by facsimile shall more or less follow the same prescribed format for filing or serving the
SEC. 12 acknowledgment of its filing by the clerk facsimile shall contain sufficient information to enable the same pleadings and other court documents by personal service or by registered mail.
of court on a copy of the same; if filed by court to ascertain from the title: (a) the party or parties filing The only difference is the mode of filing or serving the same.
registered mail, by the registry receipt or serving the paper, (b) nature of the paper, (c) the party or
and by the affidavit of the person who did parties against whom relief, if any, is sought, and (d) the
the mailing, containing a full statement of nature of the relief sought. (n)
the date and place of depositing the mail
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in the post office in a sealed envelope

addressed to the court, with postage fully
prepaid, and with instructions to the
postmaster to return the mail to the
sender after ten (10) days if not
delivered. (n)
SEC. 13. Proof of service.— 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 a While the court may now serve its notices, orders, or judgments to the parties
Section 13. Service of Judgments, Final Orders or
full statement of the date, place and electronically, pursuant to Sections 5 and 18, of the Amended Rules, it is submitted that
Resolutions. — Judgments, final orders, or resolutions shall
manner of service. If the service is by service to the parties or counsels of “judgments, final orders, or resolutions” which finally
be served either personally or by registered mail. Upon ex
ordinary mail, proof thereof shall consist dispose of and/or terminate the case(like a judgment/decision on the merits of the case,
parte motion of any party in the case, a copy of the
of an affidavit of the person mailing of or an order/resolution approving the motion to dismiss) MAY NOT be done through
judgment, final order, or resolution may be delivered by
RULE 13, facts showing compliance with section 7 electronic means, as, under Section 13, Rule 13 of the Amended Rules,service thereof
accredited courier at the expense of such party. When a
SEC. 13 of this Rule. If service is made by shall only be done either by:
party summoned by publication has failed to appear in the
registered mail, proof shall be made by (i)personal service, or
action, judgments, final orders or resolutions against him or
such affidavit and the registry receipt (ii)by registered mail, or,
her shall be served upon him or her also by means of
issued by mailing office. The registry (iii)upon ex-parte motion of the party, by accredited courier, or
publication at the expense of the prevailing party. (9a)
return card shall be immediately upon its (iv)by publication in situations where a party who had been summoned by publication
receipt by the sender, or in lieu thereof has failed to appear in the action personally or through his or her lawyer.
the unclaimed letter together with the
certified or sworn copy of the notice
given by the postmaster to the
addressee. (10a)
SEC. 14. Notice of lis pendens.— In an Once again, while the Amended Rules now allows ELECTRONIC FILING and SERVICE
Section 14. Conventional service or filing of orders,
action affecting the title or the right of of pleadings, etc., yet there are certain types of pleadings, processes, documents, and
pleadings and other documents. – Notwithstanding the
possession of real property, the plaintiff other court submissions that CANNOT be filed or served through electronic means,
foregoing, the following orders, pleadings, and other
and the defendant, when affirmative unless expressly permitted by the court. And these are, as follows:
documents must be served or filed personally or by
relief is claimed in his answer, may
registered mail when allowed, and shall not be served or
record in the office of the registry of (a) Initiatory pleadings and initial responsive pleadings, such as an answer;
filed electronically, unless express permission is granted by
deeds of the province in which the
the Court:
property is situated a notice of the (b) Subpoenae, protection orders, and writs;
pendency of the action. Said notice shall
(a) Initiatory pleadings and initial responsive pleadings, such
contain the names of the parties and the (c) Appendices and exhibits to motions, or other documents that are not readily
RULE 13, as an answer;
object of the action or defense, and a amenable to electronic scanning may, at the option of the party filing such, be filed and
SEC. 14
description of the properly in that served conventionally; and
(b) Subpoenae, protection orders, and writs;
province affected thereby. Only from the
time of filing such notice for record shall (d) Sealed and confidential documents or records. (n)
(c) Appendices and exhibits to motions, or other documents
a purchaser, or encumbrancer of the
that are not readily amenable to electronic scanning may, at
property affected thereby. Only from the The pleadings, orders, documents, and other submissions as, thus, enumerated under
the option of the party filing such, be filed and served
time of filing such notice for record shall Section 14, Rule 13 of the Amended Rules should only be filed or served, as the case
conventionally; and
a purchaser, or encumbrancer of the may be, either personally or by registered mail. The same should not be filed or served
property affected thereby, be deemed to through electronic means, unless otherwise permitted by the court.
(d) Sealed and confidential documents or records. (n)
have constructive notice of the pendency
of the action, and only of its pendency Take note that the pleadings falling under the purview of paragraph (a) of Section 14,
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against the parties designated by their Rule 13 of the Amended Rules are those which are in the nature of initiatory pleadings
real names. and initial responsive pleadings. These initiatory pleadings may include complaint, third-
The notice of lis pendens hereinabove party complaint, or complaint-in-intervention, among others, and the answers thereto.
mentioned may be cancelled only upon
order of the court, after proper showing
that the notice is for the purpose of
molesting the adverse party, or that it is
not necessary to protect the rights of the
party who caused it to be recorded. (24a,
R14)
The addressee is notified by the

postmaster, on February 3,
There is such thing as actual or constructive 2020,informing and directing the
service, with respect to service by registered addressee to secure from the postal
mail, through courier service. Actual receipt services a registered mail addressed to
Section 15. Completeness of service. — Personal service is complete upon actual delivery. Service by or service happens if the mail is actually him (although this happens only if the
ordinary mail is complete upon the expiration of ten (10) calendar days after mailing, unless the court received by the party or the counsel, or his registered mail consists of a big parcel
otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after or her employee or messenger in his office because, ordinarily, registered mail
five (5) calendar days from the date he or she received the first notice of the postmaster, whichever date (Mata vs. Legarda, 7 SCRA 227). matter is delivered by the postman to the
is earlier. Service by accredited courier is complete upon actual receipt by the addressee, or after at Constructive service happens if the mail is addressee) but the addressee fails to get
least two (2) attempts to deliver by the courier service, or upon the expiration of five (5) calendar days not claimed by the addressee after the lapse such registered mail matter from the
after the first attempt to deliver, whichever is earlier. of five (5) calendar days from the date the postal service after five (5) calendar days
RULE 13,
addressee received the first notice of the from the date the addressee received the
SEC. 15
Electronic service is complete at the time of the electronic transmission of the document, or when postmaster (for registered mail), of after the first notice of the postmaster, the service
available, at the time that the electronic notification of service of the document is sent. Electronic at least two (2) attempts to deliver by the by registered mail is already deemed
service is not effective or complete if the party serving the document learns that it did not reach the courier service, or upon the expiration of five complete on February 8, 2020 (even if
addressee or person to be served. (5) calendar days after the first attempt to the mail is not actually received by the
deliver, whichever is earlier(for service by addressee, or where he secured it on a
Service by facsimile transmission is complete upon receipt by the other party, as indicated in the courier). later date). In other words, the addressee
facsimile transmission printout. cannot simply defeat the process by not
claiming the mail matter addressed to
him.
Section 16. Proof of filing. — The filing of a pleading or any other court submission shall be proved by its Section 16, Rule 13 of the Amended Rules deals with the manner on how to prove the
existence in the record of the case. FILING of pleadings, or motions, and other court submission, WITH THE COURT, as
differentiated from proving the SERVICE thereof, the latter being governed by Section
RULE 13, (a) If the pleading or any other court submission is not in the record, but is claimed to have been filed 17, Rule 13 of the Amended Rules anent proving such service.
SEC. 16 personally, the filing shall be proven by the written or stamped acknowledgment of its filing by the clerk
of court on a copy of the pleading or court submission; If the pleading, motion, or other court submission that is claimed to have been filed by
personal service is not, however, found in the record, the pleader or the movant (the one
(b) If the pleading or any other court submission was filed by registered mail, the filing shall be proven by who filed such pleading or motion, etc.) shall prove its filing and existence by the written
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
the registry receipt and by the affidavit of the person who mailed it, containing a full statement of the or stamped acknowledgement of its filing that is annotated or appearing on the face of
date and place of deposit of the mail in the post office in a sealed envelope addressed to the court, with the copy of the pleading or other court submission as, thus, kept on file by the pleader or
postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten movant. And this is consistent with the provision under Section 3, Rule 13 of the
(10) calendar days if not delivered. Amended Rules to the end that where filing is done personally, “the clerk of court shall
endorse on the pleading the date and hour of filing.”
(c) If the pleading or any other court submission was filed through an accredited courier service, the
filing shall be proven by an affidavit of service of the person who brought the pleading or other document If the pleading, motion, or other court submission is, however, filed with the court through
to the service provider, together with the courier’s official receipt and document tracking number. the other permissible modes of filing – other than personal filing – and such pleading,
motion, or other court submission is not found in the records, then, the filing and
(d) If the pleading or any other court submission was filed by electronic mail, the same shall be proven existence thereof shall be proven by the AFFIDAVIT OF SERVICE of the person who
by an affidavit of electronic filing of the filing party accompanied by a paper copy of the pleading or other filed the same through the other permissible mode of filing (other than personal filing)
document transmitted or a written or stamped acknowledgment of its filing by the clerk of court. If the PLUS, or together with, the other document(s) mentioned under paragraphs (b) to (e) of
paper copy sent by electronic mail was filed by registered mail, paragraph (b) of this Section applies. Section 16, Rule 13 of the Amended Rules, depending on how the filing is effected, such
as: (i) registry receipt (if the filing is done by registered mail); or (ii) courier’s official
(e) If the pleading or any other court submission was filed through other authorized electronic means, receipt and document tracking number (if the filing is done by accredited courier
the same shall be proven by an affidavit of electronic filing of the filing party accompanied by a copy of service); or (iii) paper copy of the pleading or other document transmitted, or a written or
the electronic acknowledgment of its filing by the court. stamped acknowledgement of its filing by the clerk of court (if the filing is done by
electronic mail or e-mail); or (iv) copy of the electronic acknowledgment of its filing by the
court (if the filing is done through other authorized electronic means, like facsimile
transmission, etc.).
Section 17. Proof of service. –— 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 a
statement of the date, place, and manner of service. If the 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
RULE 13, issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the
SEC. 17 sender, or in lieu thereof, the unclaimed letter together 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 number.
(d) Electronic mail, facsimile, or other authorized electronic means of transmission. – Proof shall be
made by an affidavit of service executed by the person who sent the e-mail, facsimile, or other electronic
transmission, together with a printed proof of transmittal. (13a)
Section 18. Court-issued orders and other documents. — The court may electronically serve orders and
RULE 13, other documents to all the parties in the case which shall have the same effect and validity as provided
SEC. 17 herein. A paper copy of the order or other document electronically served shall be retained and attached
to the record of the case. (n)
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A notice of lis pendens is intended to protect the real rights of the party who caused the
registration thereof (Natano vs. Esteban, L-22034, October 28, 1966). It serves as a
warning to prospective encumbrances or purchasers that they should keep their hands
off the property under litigation unless they wish to gamble on the result of the litigation
involving the same (Tanchoco, et al. vs. Aquino, et al., L-30670, September 15, 1987).
And, in order for notice of lis pendens to bind the third parties or the whole world as
well, and for it to affect the right of a subsequent purchaser, such notice should be
Section 19. Notice of lis pendens. –— In an action affecting the title or the right of possession of real annotated on the back of the certificate of title (Dino vs. Court of Appeals, G.R. No.
property, the plaintiff and the defendant, when affirmative relief is claimed in his or her answer, may 95921, September 02, 1992).
record in the office of the registry of deeds of the province in which the property is situated a notice of
the pendency of the action. Said notice shall contain the names of the parties and the object of the Under Section 18, Rule 13 of the Amended Rules, notice of lis pendens is proper only
action or defense, and a description of the property in that province affected thereby. Only from the time where the action or proceeding in court affects title to or possession of real property. It is
of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, be essential that the property be directly affected, as where the relief sought in the action
RULE 13,
deemed to have constructive notice of the pendency of the action, and only of its pendency against the includes the recovery of possession, or the enforcement of a lien, or an adjudication
SEC. 19
parties designated by their real names. between conflicting claims of title, possession, or right of possession of specific real
property, or requiring its transfer or sale.
The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after
proper showing that the notice is for the purpose of molesting the adverse party, or that it is not A notice of lis pendens may be cancelled during the pendency of the case only upon
necessary to protect the rights of the party who caused it to be recorded. (14a) order of the court after proper showing that the notice is just for the purpose of molesting
the adverse party, or that it is not necessary to protect the rights of the party who caused
it to be recorded (Vilayco vs. Tengco, 207 SCRA 600).
It may likewise be cancelled by the Register of Deeds upon verified petition of the party
who caused the registration thereof (Section 77, P.D. 1529). And it is deemed cancelled
also upon registration of a certificate of the clerk of court in which the action or
proceeding that the action has already been finally terminated (Section 77, P.D. 1529).
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RULE 14
SUMMONS
1997 RULES OF CIVIL
PROVISION 2019 AMENDMENTS COMMENTS or EXAMPLES
PROCEDURE
Under the old rule, upon filing of the complaint and payment of legal fees, the clerk of court shall issue
summons, without any period within which the same shall be issued. Now, under the new rules, if the case is
SEC. 1. Clerk to issue not dismissible on its face, (that is, there is no showing that the court has no jurisdiction over the subject
Section 1. Clerk to issue summons. — Unless the
summons.— Upon the filing matter; there is no other action pending between the same parties for the same cause; the action is not barred
complaint is on its face dismissible under Section
of the complaint and the by prior judgment; and the statute of limitations is inapplicable) then the clerk of court shall issue the summons
1, Rule 9, the court shall, within five (5) calendar
RULE 14, payment of the requisite to the defendants, 5 days from receipt of proof of payment of the legal fees attached to the initiatory pleadings.
days from receipt of the initiatory pleading and
SEC. 1 legal fees, the clerk of court
proof of payment of the requisite legal fees, direct
shall forthwith issue the Corrolarily, it is, therefore, submitted that if, on its face, the complaint is dismissible under any or all of the
the clerk of court to issue the corresponding
corresponding summons to following grounds: (i) the court has no jurisdiction over the subject matter, or (ii) that there is another action
summons to the defendants.
the defendants. pending between the same parties for the same cause, or (iii) that the action is barred by a prior judgment or
(iv) by statute of limitations, the court, instead of directing the issuance of summons, may dismiss the case
motu proprio.
Item (b) in the enumeration to your left, is novel. It is not found under the old rules and in the 1997 Rules of
Civil Procedure. The rule, as it now stands, is that the court may now authorize the plaintiff or any of its
Section 2. Contents. — The summons shall be
SEC. 2. Contents.— The authorized representative to serve summons to the defendant, and this may happen if, for one, plaintiff files an
directed to the defendant, signed by the clerk of
summons shall be directed ex parte motion for him/her/it to be allowed to serve summons to the defendant. This ex parte motion may be
court under seal, and contain:
to the defendant, signed by filed, and it shall be granted, especially in, but not limited to, situations where summons is to be served outside
the clerk of court under the judicial regions of the court where the case is pending, in consonance with the provisions of Section 3,
(a) The name of the court and the names of the
seal, and contain: (a) the Rule 14 of the Amended Rules:
parties to the action;
name of the court and the
names of the parties to the Sec. 3. Rule 14
(b) When authorized by the court upon ex parte
action; (b) a direction that xxx
motion, an authorization for the plaintiff to serve
the defendant answer within In cases where summons is to be served outside the judicial region of the court where the case is pending, the
summons to the defendant;
the time fixed by these plaintiff shall be authorized to cause the service of summons.
RULE 14,
Rules; (c) a notice that
SEC. 2 (c) A direction that the defendant answer within
unless the defendant so If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized representative
the time fixed by these Rules; and
answers, plaintiff will take therein, attaching a board resolution or secretary’s certificate thereto, as the case may be, stating that such
judgment by default and representative is duly authorized to serve the summons on behalf of the plaintiff.
(d) A notice that unless the defendant so
may be granted the relief Xxx
answers, plaintiff will take judgment by default
applied for A copy of the
and may be granted the relief applied for.
complaint and order for Prescinding from the tenor of Section 3, Rule 14 of the Amended Rules, it is submitted that if it readily appears
appointment of guardian ad that the summons is to be served outside the judicial region of the court where the case is pending, the court
A copy of the complaint and order for
litem, if any, shall be may motu proprio authorize the plaintiff to cause the service of summons, albeit such may not be embodied in
appointment of guardian ad litem, if any, shall be
attached to the original and the summons itself.
attached to the original and each copy of the
each copy of the summons
summons.
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Subject to some recognized exceptions, the enumeration in Section 3, Rule 14 of the Amended Rules of the
persons who may validly serve summons is exclusive.
Example of the Exception
Waldi filed before RTC of Cebu City a case for

Section 3. By whom served. — The summons collection of sum of money against Otaner
may be served by the sheriff, his or her deputy, Noelag, a resident of Maasin City, Southern
or other proper court officer, and in case of failure Gen. Rule: Leyte. Informatively, Cebu City belongs to the 7TH
of service of summons by them, the court may The summons may be served by the sheriff, his or her Judicial Region, while Maasin City, Southern
authorize the plaintiff - to serve the summons - deputy, or other proper court officer... Leyte, belongs to the 8TH Judicial Region.
together with the sheriff.
Exception (Par 2) In that situation, the RTC of Cebu City, upon ex
In cases where summons is to be served outside 1. If it readily appears that the summons is to be served parte motion of Waldi, may authorize and direct
the judicial region of the court where the case is outside the judicial region of the court where the case is Waldi or his authorized representative to cause
pending, the plaintiff shall be authorized to cause pending, the court may motu proprio authorize the plaintiff the service of summons on Otaner Noelag in
the service of summons. to cause the service of summons. Maasin City, Southern Leyte.
If the plaintiff is a juridical entity, it shall notify the In so serving the summons, Waldi or his
court, in writing, and name its authorized authorized representative may or may not be
SEC. 3. By whom served.— representative therein, attaching a board accompanied by the court sheriff, or other court
The summons may be resolution or secretary’s certificate thereto, as the officer.
served by the sheriff, his case may be, stating that such representative is
deputy, or other proper duly authorized to serve the summons on behalf Effects if the plaintiff misrepresents that the defendant was served summons and it is later proved that no
RULE 14,
court officer, or for of the plaintiff. summons was served:
SEC. 3
justifiable reasons by any
suitable person authorized If the plaintiff misrepresents that the defendant  The case shall be dismissed with prejudice, the proceedings shall be nullified.
by the court issuing the was served summons, and it is later proved that  The case cannot anymore be refiled.
summons. no summons was served, the case shall be  Plaintiff may be meted the appropriate sanctions, not the least of which is his being cited in contempt
dismissed with prejudice, the proceedings shall of the court.
be nullified, and the plaintiff shall be meted  He can even be prosecuted criminally for submitting a falsified return to the court anent the alleged
appropriate sanctions. service of summons on the defendant.
If summons is returned without being served on (Gen. Rule: Example of the Exception:
any or all the defendants, the court shall order The summons may be served by the sheriff, his or her
the plaintiff to cause the service of summons by deputy, or other proper court officer...) Waldi filed before RTC of Cebu City a case for
other means available under the Rules. collection of sum of money against Randi Torregs
Exception (Par 1): whose address, as stated in the complaint, is in
Failure to comply with the order shall cause the 2. In case of failure of service of summons by them, the “Quiot, Pardo, Cebu” – and that is all.
dismissal of the initiatory pleading without court may authorize the plaintiff - to serve the summons
prejudice. (3a) - together with the sheriff. As the address of Randi Torregs has no house
number, block number, phase number, or street
Such failure on the part of the sheriff, his or her deputy, number, the sheriff failed to locate said defendant
or other proper court officer, to serve summons on the and serve the summons on him despite diligent
defendant may be for reasons other than the fact the efforts exerted.
summons is to be served outside the judicial region of
the court where the case is pending, as when, for Where that happens, the RTC of Cebu City, either
instance, the address of the defendant, as stated in the on its own accord or upon ex parte motion of Waldi,
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
complaint, lacks specification – i.e. there is no house authorize and direct Waldi or his authorized
number, block number, etc. – such that the court sheriff, representative to serve the summons on Randi
his or her deputy, or other property officer could not Torregs, together with the sheriff. This court
locate the defendant even if the latter actually resides directive, of course, would have to be in a separate
within the judicial region of the court where the case is order, as this could not be embodied in the
pending. summons.
In this situation, the court may authorize the plaintiff or

his/her/its representative to serve the summons. But, in
this situation, the plaintiff or his/her/its representative
shall serve the summons, together with the sheriff, as, in
reality, the plaintiff his/her/its representative would only
be assisting the sheriff in serving the summons on the
defendant.
If, despite the order of the court for the plaintiff to serve the summons on the defendant(s), or to assist the
sheriff in serving the summons on the defendant(s), the summons is returned without being served on any or
all of the defendants, the court shall order the plaintiff to cause the service of summons by other means
available under the Rules, and this may include, but not limited to,service of summons by publication under
Section 16, Rule 14 of the Amended Rules, as may hereafter be discussed.
Failure to comply with any of the orders issued under this rule – that is, for the plaintiff to cause the service of
summons on the defendant, or to assist the sheriff in the service of summons, or to cause service of summons
by other means –shall cause the dismissal of the complaint but without prejudice, unlike where plaintiff
mispresents that defendant was served with summons where the dismissal is with prejudice.
Section 4, as amended,
may be compared with the
old Sec 5:
SEC. 5. Issuance of alias Section 4. Validity of summons and issuance of

summons.— If a summons alias summons — Summons shall remain valid
is returned without being until duly served, unless it is recalled by the Under the Amended Rules, the summons shall remain valid until duly served or unless recalled by the court,
served on any or all of the court. In case of loss or destruction of summons, and that alias summons may be issued, upon motion, only in the event of the loss or destruction of summons,
defendants, the server shall the court may, upon motion, issue an alias unlike in the 1997 Rules of Procedure which allows the issuance of alias summons even if the summons
RULE 14, also serve a copy of the summons. previously issued has just been returned unserved.
SEC. 4 return on the plaintiffs
counsels stating the There is failure of service after unsuccessful Where the summons previously issued by the court has remained unserved, but he same has not been
reasons for the failure of attempts to personally serve the summons on the recalled by the court, said summons remains valid despite the lapse of time, such that there is no need for the
service, within five (5) days defendant in his or her address indicated in the issuance of an alias summons.
therefrom. In such a case, complaint. Substituted service should be in the
or if the summons has been manner provided under Section 6 of this Rule.
lost, the clerk, on demand
of the plaintiff, may issue an
alias summons.
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Under the old rules, this provision was titled “personal service of summons,” but under the 1997 Rules of Civil
Procedure and in the Amended Rules, its title has been changed to “service in person on defendant.”
SEC. 6. Service in person
Section 5. Service in person on defendant. —
on defendant.— Whenever Such change has been made, if only to avoid confusion with personal filing and service of pleadings, motions,
Whenever practicable, the summons shall be
practicable, the summons or other court submissions under Rule 13 of the Amended Rules.
served by handing a copy thereof to the
shall be served by handing
RULE 14, defendant in person and informing the defendant
a copy thereof to the Under this rule, service in person on defendant happens if summons is directly and actually served on the
SEC. 5 that he or she is being served, or, if he or she
defendant in person, or, if defendant himself or herself. If the defendant, however, refuses to receive the summons and sign the court’s
refuses to receive and sign for it, by leaving the
he refuses to receive and file copy of the summons so as to acknowledge receipt of a copy thereof, the one serving the summons is
summons within the view and in the presence of
sign for it, by tendering it to authorized to just leave the copy of the summons intended for the defendant within the view, and in the
the defendant.
him. presence, of the defendant. It may be added that this circumstance should be stated in the Return, which shall
be filed with the court and furnished to plaintiff’s counsel, in consonance with Section 20, Rule 14 of the
Amended Rules.
Section 6. Substituted service. — If, for justifiable The preferred mode of serving summons on the defendant is “personal service,” or by serving such summons
causes, the defendant cannot be served directly and actually upon the defendant himself or herself.
personally after at least three (3) attempts on two
(2) different dates, service may be effected: Substituted service under Section 6, Rule 14 of the Amended Rules is not the preferred mode of service of
summons. Resort to substituted service is permitted only when the summons cannot be promptly served on
a) By leaving copies of the summons at the the defendant in person and after stringent formal and substantive requirements have been complied with
SEC. 7. Substituted
defendant's residence to a person at (National Petroleum Gas, Incorporated vs. Rizal Commercial Banking Corporation, G.R. No. 183370, August
service.— If, for justifiable
least eighteen (18) years of age and of 17, 2015).
causes, the defendant
sufficient discretion residing therein;
cannot be served within a
Under Section 7 of the 1997 Rules of Civil Procedure, substituted of service may be had if the defendant
reasonable time as
b) By leaving copies of the summons at the cannot be personally served with summons “within a reasonable time.”But under Section 6 of the Amended
provided in the preceding
defendant's office or regular place of Rules, it is expressly provided, in the main, that substituted service can only be had “if the defendant cannot be
section, service may be
business with some competent person in served personally after at least three (3) attempts on two (2) different dates.”
effected (a) by leaving
charge thereof. A competent person
RULE 14, copies of the summons at
includes, but is not limited to, one who Under the Amended Rules, substituted service of summons may be done through any of the following:
SEC. 6 the defendant’s residence
customarily receives correspondences a) By leaving copies of the summons at the defendant's residence to a person at least eighteen (18)
with some person of
for the defendant; years of age and of sufficient discretion residing therein; or
suitable age and discretion
b) By leaving copies of the summons at the defendant's office or regular place of business with some
then residing therein, or (b)
c) By leaving copies of the summons, if competent person in charge thereof. A competent person includes, but is not limited to, one who
by leaving the copies at
refused entry upon making his or her customarily receives correspondences for the defendant; or
defendant’s office or regular
authority and purpose known, with any of c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose
place of business with
the officers of the homeowners’ known, with any of the officers of the homeowners’ association or condominium corporation, or its
some competent person in
association or condominium corporation, chief security officer in charge of the community or the building where the defendant may be found; or
charge thereof.
or its chief security officer in charge of d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court.
the community or the building where the
defendant may be found; and
d) By sending an electronic mail to the

defendant’s electronic mail address, if
allowed by the court. (7a)
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Summons must be served at his residence at the

time of such service and not at his former place of
residence. The term ―dwelling house‖ or
Substituted Service of Summons, Mode 1:
―residence‖ refers to dwelling house at the time of
a.) By leaving copies of the summons at the defendant's
service – not former dwelling house, office, or
residence to a person at least eighteen (18) years of
abode. Such terms refer to the place where the
age and of sufficient discretion residing therein.
person named in the summons is living at the time
when service is made, even though he may be
temporarily out of the country at the time.
Substituted Service of Summons, Mode 2: It is not necessary that the person in charge of the
b.) By leaving copies of the summons at the defendant's defendant’s regular place of business be
office or regular place of business with some competent specifically authorized to receive summons. It is
person in charge thereof. A competent person includes, enough that he appears to be in charge (Guanzon
but is not limited to, one who customarily receives vs. Arradaza, 510 SCRA 309), or that he
correspondences for the defendant customarily receives correspondences for the
defendant.
This mode of service is impelled and borne out by

the sad experience or spectacle wherein, more
Substituted Service of Summons, Mode 3:
often than not, service of summons could not be
c.) By leaving copies of the summons, if refused entry
effected on the defendant who resides in a
upon making his or her authority and purpose known,
subdivision and who has given instructions or
with any of the officers of the homeowners’ association
standing orders to the security guards of the
or condominium corporation, or its chief security officer
subdivision not to let any court sheriff or court
in charge of the community or the building where the
officer enter the subdivision, thereby effectively
defendant may be found.
Cont’d thwarting service of summons, and which practice
RULE 14, was openly disdained and condemned by the
SEC. 6 Supreme Court.
(Modes)
The mode of service is introduced under the
Amended Rules, so as to expedite service of
Substituted Service of Summons, Mode 3: summons and is consistent with the policy of the
d.) By sending an electronic mail to the defendant’s Supreme Court to now allow electronic service of
electronic mail address, if allowed by the court. court documents. Take note, however, that
substituted service of summons through electronic
mail to the defendant’s electronic mail address may
only be had, IF ALLOWED BY THE COURT.
As long as the substituted service of summons has

The summons was in fact received by the
been validly done, it is immaterial that the defendant
defendant, his argument that the sheriff should
does not in fact receive actual notice. This will not affect
have tried first to serve summons on him personally
the validity of the service. But while it is not required for
before resorting to substituted service of summons
the validity of substituted of service of summons that
to his wife, is not meritorious (Boticano vs. Chu, Jr.,
defendant actually receives such summons, his actual
148 SCRA 541).
receipt thereof would nonetheless cure any irregularity
in effecting substituted service of summons.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
Where an action is brought against persons

associated in an entity without juridical personality
SEC. 8. Service upon entity
– i.e, corporation or partnership by estoppel – the
without juridical
action may be maintained against them under the
personality.—
name by which they are generally or commonly
When persons associated
known – i.e.“Tuslob Buwa Corporation,” even if that
in an entity without juridical Section 7. Service upon entity without juridical This provision serves to complement the provision under
―firm‖ is not duly registered with Securities and
personality are sued under personality. — Section 15, Rule 3 of the Rules of Court which provides:
Exchange Commission – and summons may be
the name by which they are When persons associated in an entity without
effected upon all the defendants by:
generally or commonly juridical personality are sued under the name by Section 15. Entity without juridical personality as
(i) by serving the summons upon any one them, or
known, service may be which they are generally or commonly known, defendant. — When two or more persons not organized
(ii) serving the summons upon the person in charge
effected upon all the service may be effected upon all the defendants as an entity with juridical personality enter into a
RULE 14, of the office of place of business maintained in
defendants by serving upon by serving upon any one of them, or upon the transaction, they may be sued under the name by which
SEC. 7 such name.
any one of them, or upon person in charge of the office or place of they are generally or commonly known.
the person in charge of the business maintained in such name. But such
Where the action was brought against “Cerisco
office or place of business service shall not bind individually any person In the answer of such defendant, the name and
Blackat Trading,” which designation was a
maintained in such name. whose connection with the entity has, upon due addresses of the persons composing said entity must all
combination of the trademark and business name
But such service shall not notice, been severed before the action was filed. be revealed.
under which the owners of the establishment were
bind individually any person (8a)
doing business, the summons served upon the
whose connection with the
―president/owner/manager‖ of said firm, although
entity has, upon due notice,
they were not impleaded as defendants in the
been severed before the
complaint, was valid and the court acquired
action was brought.
jurisdiction over their persons (Ablaza vs. Court of
Industrial Relations, 126 SCRA 247).
SEC. 9. Service upon

prisoners.— When the
Section 8. Service upon prisoners. — When the
defendant is a prisoner
defendant is a prisoner confined in a jail or Relate this to our discussion on Section 3, Rule 14 of the Amended Rules.
confined in a jail or
institution, service shall be effected upon him or
institution, service shall be
RULE 14, her by the officer having the management of such Under the forgoing rule, the jail warden or the officer having he management of the jail wherein the defendant
effected upon him by the
SEC. 8 jail or institution who is deemed as a special is imprisoned shall be deemed deputized as special sheriff, and is, thus, authorized to serve the summons on
officer having the
sheriff for said purpose. The jail warden shall file the defendant who is under detention. The jail warden shall, however, file a return within five (5) calendar days
management of such jail or
a return within five (5) calendar days from service from service of summons to the defendant.
institution who is deemed
of summons to the defendant. (9a)
deputized as a special
sheriff for said purpose.
Section 9. Service consistent with international
This provision is entirely new. This provision allows service of summons through other methods, albeit not
conventions. — Service may be made through
RULE 14, Sec. 9- Service upon specified under the present rules, as long such methods are consistent with established international
methods which are consistent with established
SEC. 9 prisoners (old rules) conventions to which the Philippines is a party.
international conventions to which the Philippines
is a party. (n)
SEC. 10. Service upon Section 10. Service upon minors and When the defendant is a minor, summons must served on him, regardless of his age (unlike under the old
minors and incompetents.— incompetents. — When the defendant is a minor, rules which only requires such service on the minor if be at least 15 years old but below 18 years old) AND
RULE 14,
When the defendant is a insane or otherwise an incompetent person, upon his parent or guardian.
SEC. 10
minor, insane or otherwise service of summons shall be made upon him or
an incompetent, service her personally and on his or her legal guardian if If the defendant is otherwise incompetent or insane, summons must also be served on him personally AND on
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
shall be made upon him he or she has one, or if none, upon his or her his or her legal guardian or his parent (if the latter is his legal guardian).
personally and on his legal guardian ad litem whose appointment shall be
guardian if he has one, or if applied for by the plaintiff. In the case of a minor, In any event, if the defendant who is a minor, insane, or otherwise insane has no guardian, the plaintiff must
none, upon his guardian ad service shall be made on his or her parent or obtain the appointment of a guardian ad litem for such defendant.
litem whose appointment guardian. (10a)
shall be applied for by the
plaintiff. In the case of a
minor, service may also be
made on his father or
mother.
Where the husband, for example, is in the

Philippines but the wife does not reside and is not
found in the Philippines– i.e. a non-resident alien –
and the action is characterized, as an action in rem
This is a new provision. And this has been introduced
or quasi in rem, then service of summons for the
SEC. 11. Service upon under the Amended Rules, in line with the amended
wife should be done strictly in accordance with
domestic private juridical provisions under Section 4, Rule 3 of the Rules of Court.
Section 17, Rule 14 of the Amended Rules, which
entity.— When the
includes, but is not necessarily limited to, service of
defendant is a corporation, Where the spouses are sued jointly, service of
summons by publication, as shall hereafter be
partnership or association summons must be made to each spouse individually.
discussed, but which does not allow or include
organized under the laws of This requirement that each spouse must be individually
Section 11. Service upon spouses. — When substituted service of summons (see Valmonte vs.
RULE 14, the Philippines with a served with summons assumes paramount importance,
spouses are sued jointly, service of summons Court of Appeals, 252 SCRA 92).
SEC. 11 juridical personality, service especially in situations where the spouses are not
should be made to each spouse individually.
may be made on the residents of the same place, such that “substituted
Parenthetically, where, for example, the husband is
president, managing service of summons” done on the spouse in the
in the Philippines and the wife is likewise a resident
partner, general manager, Philippines with respect to the summons intended for
of the Philippines but who is temporarily out of the
corporate secretary, his/her spouse who does not reside and is not found in
country – i.e. she is taking a vacation abroad –
treasurer, or in-house the Philippinesis invalid, unless the spouse in the
then, insofar as the defendant wife is concerned,
counsel. Philippines is empowered to represent the other spouse
service of summons should be done in accordance
who does not reside and is not found in the Philippines.
with Section 18, Rule 14 of the Amended Rules,
which includes, but is not limited to, service of
summons by publication, but which also allows
substituted service, as shall hereafter be
discussed.
Section 12. Service upon domestic private Section 12, Rule 14 of the Amended Rules enumerates Thus, in the case of E.B. Viilarosa & Partner Co.,
juridical entity. — When the defendant is a the persons upon whom summons for a domestic Ltd. versus Hon. Benito, G.R. No. 136426, August
corporation, partnership or association organized private juridical entity may be served. And the rule must 4, 1999, our Supreme Court declared as invalid the
under the laws of the Philippines with a juridical be observed. Service must be made only to one named service of summons upon the Branch Manager of
RULE 14, May be compared with old personality, service may be made on the in the rules (Delta Motors vs. Mangosing, 70 SCRA the petitioner at its branch office at Cagayan de
SEC. 12 Sec. 11 above. president, managing partner, general manager, 598). Oro City instead of upon the General Manager at
corporate secretary, treasurer, or in-house its principal office at Davao City:
counsel of the corporation wherever they may be
found, or in their absence or unavailability, on “The designation of persons or officers who are
their secretaries. authorized to accept summons for a domestic
corporation or partnership is now limited and more
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
If such service cannot be made upon any of the clearly specified in Section 11, Rule 14 of the 1997
foregoing persons, it shall be made upon the Rules of Civil Procedure. The rule now states
person who customarily receives the "general manager" instead of only "manager" ;
correspondence for the defendant at its principal "corporate secretary" instead of "secretary" ; and
office. "treasurer" instead of "cashier." The phrase "agent,
or any of its directors" is conspicuously deleted in
In case the domestic juridical entity is under the new rule.”
receivership or liquidation, service of summons
shall be made on the receiver or liquidator, as the
case may be.
Under the Amended Rules, it is not required that the service of summons for the domestic juridical entity on its
president, managing partner, general manager, corporate secretary, treasurer, or the in-house counsel of the
Should there be a refusal on the part of the
corporation, be made at their respective corporate offices, in that it is enough that such service of summons on
persons above-mentioned to receive summons
any of them be made ―wherever they may be found.‖ So, service of the summons for the corporation upon
despite at least three (3) attempts on two (2)
such corporate officers is valid even if done at their respective residences or in any other place.
different dates, service may be made
electronically, if allowed by the court, as provided
In the absence of such corporate officers mentioned above in italics, service for summons may now be made
under Section 6 of this Rule.
to their respective secretaries.
Moreover, if such service cannot be made upon any of the foregoing corporate officers or their secretaries, in
their absence or unavailability, it shall be made upon the person who customarily receives the correspondence
for the defendant at its principal office.
In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on
the receiver or liquidator, as the case may be.
This new provision mentions about special appearance of counsel to question the validity of service of
summons. However, where what is being questioned is the validity of service of summons on the person of the
defendant-- which obviously affects the court’s jurisdiction over his person – such objection unfortunately is no
longer among the permissible grounds for filing a motion to dismiss. As we can remember, under Section 12,
public corporations. —
Rule 15 of the Amended Rules, there are only four (4) grounds for filing a motion to dismiss, and lack of
When the defendant is the
jurisdiction over the defendant is not one of them. Lack of jurisdiction over person of the defendant should only
Republic of the Philippines, Section 13. Duty of counsel of record. — Where
be pleaded in the answer by way of a special affirmative defense, pursuant to Section 12, Rule 8 of the
service may be effected on the summons is improperly served and a lawyer
Amended Rules.
the Solicitor General; in makes a special appearance on behalf of the
RULE 14,
case of a province, city or defendant to, among others, question the validity
SEC. 13 If there is an improper service of summons on the defendant and the counsel of defendant assails the
municipality, or like public of service of summons, the counsel shall be
jurisdiction over the person of the defendant by special appearance, rather than dismissing the case for lack of
corporations, service may deputized by the court to serve summons on his
jurisdiction over the person, the court will instead deputize that counsel to serve summons on his client.
be effected on its executive or her client.
head, or on such other
This will effectively render nugatory the ground of motion to dismiss on lack of jurisdiction over the person
officer or officers as the law
since it will not cause the dismissal but rather, it will be used as a tool for there to be jurisdiction over the
or the court may direct.
person of defendant through his own counsel being deputized by the court to serve summons on said
defendant.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
Section 14. Service upon foreign private juridical

entities. — When the defendant is a foreign A licensed foreign corporation may do business in the Philippines may sue or be sued in the country.
private juridical entity which has transacted or is Otherwise, without the license, such corporation cannot be permitted to maintain or intervene in any action,
doing business in the Philippines, as defined by suit or proceeding in any court or agency in the Philippines. Such corporation may, however, be sued or
law, service may be made on its resident agent proceeded against before Philippine courts or administrative tribunal on any valid cause of action recognized
designated in accordance with law for that under Philippine laws.
purpose, or, if there be no such agent, on the
government official designated by law to that 1. Under the foregoing Section 14, Rule 14 of the Amended Rules, where the defendant in an action is a
effect, or on any of its officers, agents, directors foreign private juridical entity which has transacted or is doing business in the Philippines, service may be
or trustees within the Philippines. made upon:
If the foreign private juridical entity is not (a) its resident agent designated in accordance with law for that purpose
foreign private juridical
registered in the Philippines, or has no resident
entity.— When the  The agent has thirty (30) calendar days from service of summons to file his answer (Sec. 1,
agent but has transacted or is doing business in
defendant is a foreign Rule 11, AR)
it, as defined by law, such service may, with
private juridical entity which
leave of court, be effected outside of the
has transacted business in (b) if there be no such agent, on directors or trustees within the Philippines, or
Philippines through any of the following means:
the Philippines, service may
RULE 14, be made on its resident (c) on the government official designated by law to that effect.
a) By personal service coursed through the
SEC. 14 agent designated in  he shall send the copy to the home office of the defendant, and
appropriate court in the foreign country
accordance with law for that
with the assistance of the department of  answer the summons 60 days after receipt thereof by the home office. (Sec. 2, Rule 11, AR)
purpose, or, if there be no
foreign affairs;
such agent, on the 2. Where, however, the defendant in the action is not registered in the Philippines, or has no resident agent but
government official has transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected
b) By publication once in a newspaper of
designated by law to that outside of the Philippines through any of the following means:
general circulation in the country where
effect, or on any of its a) By personal service coursed through the appropriate court in the foreign country with the assistance of
the defendant may be found and by
officers or agents within the the DFA;
serving a copy of the summons and the
Philippines. b) By publication once in a newspaper of general circulation in the country where the defendant may be
court order by registered mail at the last
known address of the defendant; found and by serving a copy of the summons and the court order by registered mail at the last known
address of the defendant;
c) By facsimile; c) By facsimile;
d) By electronic means with the prescribed proof of service; or
d) By electronic means with the prescribed e) By such other means as the court, in its discretion, may direct.
proof of service; or
Section 14, Rule 14 of the Amended Rules, and Rule 11, thereof, are silent on the time frames within which an
By such other means as the court, in its answer should be filed from modes of service enumerated under items A-E above.
discretion, may direct.
Section 15. Service upon public corporations. — When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General; in case of a province, city or
RULE 14, municipality, or like public corporations, service may be effected on its executive head, or on such other officer or officers as the law or the court may direct.
SEC. 15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
SEC. 14. Service upon Section 16. Service upon defendant whose
defendant whose identity or identity or whereabouts are unknown. — In any
whereabouts are action where the defendant is designated as an
unknown.— In any action unknown owner, or the like, or whenever his or
Section 16, Rule 14 of the Amended Rules, now makes it clear that any order granting such leave shall specify
where the defendant is her whereabouts are unknown and cannot be
a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the
designated as an unknown ascertained by diligent inquiry, within ninety (90)
defendant must answer.
owner, or the like, or calendar days from the commencement of the
RULE 14, whenever his whereabouts action, service may, by leave of court, be effected
It bears to stress, however, that under Section 14, that Rule 14 of the Amended Rules, summons by
SEC. 16 are unknown and cannot be upon him or her by publication in a newspaper of
publication may be had in actions where the defendant is unknown or whenever his or her whereabouts are
ascertained by diligent general circulation and in such places and for
unknown, and this may be validly done regardless of the nature of the action -- whether the action it is in
inquiry, service may, by such time as the court may order.
personam, or an action in rem, or quasi in rem. After all, Section 16, Rule 14 of the Amended Rules speak of
leave of court, be effected
“any action” with no distinction or qualification, whatsoever.
upon him by publication in a Any order granting such leave shall specify a
newspaper of general reasonable time, which shall not be less than
circulation and in such sixty (60) calendar days after notice, within which
places and for such time as the defendant must answer.
the court may order.
SEC. 15. Extraterritorial Extraterritorial service of summons applies only when the following requisites concur:
Section 17. Extraterritorial service. — When the
service.— When the (a) The defendant is a nonresident;
defendant does not reside and is not found in the
defendant does not reside (b) He is not found in the Philippines; and
Philippines, and the action affects the personal
and is not found in the (c) The action against him is either in rem or quasi in rem, such as:
status of the plaintiff or relates to, or the subject
Philippines, and the action
of which is, property within the Philippines, in
affects the personal status
which the defendant has or claims a lien or
of the plaintiff or relates to, i. Actions that affect the personal status of the plaintiff; or
interest, actual or contingent, or in which the
or the subject of which is, ii. Actions which relate to, or the subject matter of which is property within the Philippines
relief demanded consists, wholly or in part, in
property within the (real or personal), in which the defendant claims a lien or interest, actual or contingent;
excluding the defendant from any interest therein,
Philippines, in which the and
or the property of the defendant has been
defendant has or claims a iii. Actions in which the relief demanded consists wholly or in part, in excluding the
attached within the Philippines, service may, by
lien or interest, actual or defendant from an interest in property located in the Philippines; or
leave of court, be effected out of the Philippines
RULE 14, contingent, or in which the iv. When the defendant’s property has been attached in the Philippines.
by personal service as under Section 6; or as
SEC. 17 relief demanded consists,
provided for in international conventions to which
wholly or in part, in When these requisites are met, extraterritorial service of summons may now be had, with prior leave of court,
the Philippines is a party; or by publication in a
excluding the defendant through any of the following alternative modes:
newspaper of general circulation in such places
from any interest therein, or (a) Personal service as under Section 5, Rule 14 of the Amended Rules, which, however, is to be effected
and for such time as the court may order, in
the property of the outside the Philippines;
which case a copy of the summons and order of
defendant has been (b) Through any manner as provided for in international conventions to which the Philippines is a party;
the court shall be sent by registered mail to the
attached within the (c) By publication in a newspaper of general circulation in such places and for such time as the court may
last known address of the defendant, or in any
Philippines, service may, by order, in which case a copy of the summons and order of the court shall be sent by registered mail to
other manner the court may deem sufficient. Any
leave of court, be effected the last known address of the defendant;
order granting such leave shall specify a
out of the Philippines by (d) In any other manner the court may deem sufficient.
reasonable time, which shall not be less than
personal service as under
sixty (60) calendar days after notice, within which
section 6; or by publication Where extraterritorial service is allowed pursuant to this provision, the court shall give the defendant
the defendant must answer. (15a)
in a newspaper of general reasonable time, which shall not be less than sixty (60) calendar days after notice, within which to file his
circulation in such places answer to the complaint.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
and for such time as the

court may order, in which Example # 1: (Defendant is a non-resident and whereabouts are unknown)
case a copy of the Maria Ozawa, a Japanese-Canadian came to visit the Philippines. She met and got enamored with the dashing
summons and order of the debonair Waldi Bigotilyo, a Filipino citizen. Sooner than expected, the two tied the knot in marriage, but shortly
court shall be sent by after their marriage, Maria Ozawa deserted Waldi. She returned to her Canada and her whereabouts were not
registered mail to the last known.
known address of the
defendant, or in any other Q: Can Waldi file a case before the appropriate Philippine court against Maria Ozawa for declaration of nullity
manner the court may of marriage under Article 36 of the Family Court, when she is not a resident of the Philippines and is not found
deem sufficient. Any order in the Philippines?
granting such leave shall
specify a reasonable time, A: Yes, he can. The action involves the personal status of the plaintiff. The res is the status of the marriage of
which shall not be less than plaintiff and res happens to be in the Philippines. The court may validly acquire jurisdiction over the res through
sixty (60) days after notice, extraterritorial service of summons under Section 17, Rule 14 of the Amended Rules.
within which the defendant
must answer. Example # 2 (Loan secured by a real estate mortgage; Defendant a non-resident and not found in the PH)
Your Chinese friend from Wuhan, China, came to visit the Philippines. As he was stuck here due to the
pandemic, he ran out of cash, so he obtained a short loan from you, secured with a real estate mortgage
constituted on his inherited parcel of land situated in the Philippines. He failed to pay his loan upon due date.
So, you instituted a foreclosure proceeding involving the mortgaged property, but even before you could file
the action, your friend had already surreptitiously flown back to Wuhan, China.
Q: Since the court cannot acquire jurisdiction over the person of the defendant because he is not a resident of
the Philippines and is not found in the Philippines, is there a way that the court can proceed to hear and decide
the foreclosure case?
A: Yes. A foreclosure sale is an action quasi in rem. In this kind of action, jurisdiction over the person of the
defendant is not required. In this situation, extraterritorial service of summons under Section 17, Rule 14 of the
Amended Rules may be effected for the court to acquire jurisdiction over the res, not necessarily over the
person of the defendant. And, if, for instance summons has been served by publication strictly in accordance
with Section 17, Rule 14 of the Amended Rules, then the court can proceed to hear the case.
Q: May the court validly render a judgment in the foreclosure proceedings?

A: Yes. On the premise that the court had already acquired jurisdiction over the res and as long summons by
publication was validly effected, strictly in accordance with Section 17, Rule 14 of the Amended Rules, the
court can proceed to render judgment in the case.
Q: Suppose the proceeds of the foreclosure sale is not enough to pay the outstanding loan of the defendant
plus interests, can the plaintiff proceed to ask the court for deficiency judgment?
A: No. Deficiency judgment partakes of the nature of action in personam. Considering that the defendant who
is not a resident of the Philippines and who is not residing herein had not been personally served with
summons, then no personal judgment for deficiency can be entered against him (see Banco Espanol Filipino
vs. Palanca, 37 Phil. 930).
Q: Suppose the defendant rather voluntarily appeared in the foreclosure proceedings and submitted to
jurisdiction of the court, can the court proceed to likewise award the deficiency judgment if found to be
warranted?
A: Yes, because the action has become a suit in personam(Villareal vs CA, G.R. No. 107314, September 17,
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
1998).
Example # 3: (Preliminary attachment filed to convert an action in personam to an action quasi-in rem)
Suppose, in the above problem, the obligation of the defendant was not secured by real estate mortgage, and
you filed the action for collection of sum of money only after the defendant had already returned to Wuhan,
China, can the court acquire jurisdiction over the person of defendant?
A: No because the defendant cannot anymore be personally served with summons in the Philippines.
Q: May the court acquire jurisdiction over the person of the defendant as by effecting extraterritorial service of
summons pursuant to Section 17, Rule 14 of the Amended Rules?
A: No. The action for simple collection of sum of money is an action in personam. The rule is well-settled that
extraterritorial service of summons may not lie in an action in personam against the defendant who does not
reside and is not found in the Philippines(Kawasaki Port Service Corporation vs. Amores, 199 SCRA 230).
Q: So, is there a way by which the court can proceed to hear and decide the collection case?
A: An action for collection for sum of money is an action in personam and, as, such, it is required that the court
should acquire jurisdiction over the person of the defendant. Inasmuch, however, as the defendant could not
be served with summons in the Philippines, the remedy of the plaintiff is look for and attach the properties of
the defendant in the Philippines, pursuant to Rule 57 of the Rules of Court. If this is done, the action becomes
an action quasi in rem,so extraterritorial service of summons may now be effected pursuant to Section 17,
Rule 14 of the Amended Rules, for the court to validly acquire jurisdiction over the res, and not necessarily
over the defendant. Thereafter, the court can proceed to hear and decide the case (PCI Bank vs. Alejandro,
533 SCRA 738).
Under the foregoing rule, and given that the defendant, in this situation, is a resident of the Philippines but who
SEC. 16. Residents
is just temporarily out of the country, then summons may be served on him through any of the following
temporarily out of the
alternative modes:
Philippines.— When any
Section 18. Residents temporarily out of the
action is commenced
Philippines. — When any action is commenced 1. By personal service of summons on the defendant himself or herself, in the Philippines, pursuant to
against a defendant who
against a defendant who ordinarily resides within Section 5, Rule 14 of the Amended Rules of Court; or
RULE 14, ordinarily resides within the
the Philippines, but who is temporarily out of it,
SEC. 18 Philippines, but who is
service may, by leave of court, be also effected 2. Through substituted service of summons, pursuant to Section 6, Rule 14 of the Amended Rules of
temporarily out of it, service
out of the Philippines, as under the preceding Court; or
may, by leave of court, be
Section. 3. Through extraterritorial service of summons, in consonance with Section 17, Rule 14 of the Amended
also effected out of the
Rules of Court which includes, but is not limited, to service of summons by publication or personal
Philippines, as under the
service outside the Philippines, upon leave of court (Asiavest Limited vs. Court of Appeals, G.R. No.
preceding section.
128803, September 25, 1998
The following provisions under Rule 14 of the Amended Rules of Court expressly mention and require LEAVE
Section 19. Leave of court. — Any application to the court under this Rule for OF COURT in respect to service of summons:
RULE 14, leave to effect service in any manner for which leave of court is necessary shall
SEC. 19 be made by motion in writing, supported by affidavit of the plaintiff or some 1. Paragraph 2, Section 14, Rule 14 of the Amended Rules of Court, with respect to service of summons
person on his behalf, setting forth the grounds for the application. on a foreign juridical entity not registered in the Philippines, or has no agent therein but transacted or
doing business in the Philippines;
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
2. Section 16, Rule 14 of the Amended Rules of Court, with respect to service of summons on a
defendant whose identity or whereabouts are unknown;
3. Section 17, Rule 14 of the Amended Rules of Court, with respect to extraterritorial service of
summons; and
4. Section 18, Rule 14 of the Amended Rules of Court, with respect to service of summons on residents
who are temporarily out of the Philippines.
In the above-mentioned circumstances, strict adherence to the requirements under Section 19, Rule 14 of the
Amended Rules of Court is required – that is, the filing of a written motion, supported by the affidavit of the
plaintiff or some person acting on his or her behalf.
Section 20. Return. — Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt thereof, the sheriff or process server, or person
SEC. 4. Return.— When authorized by the court, shall complete its service. Within five (5) calendar days from service of summons, the server shall file with the court and serve a copy of
the service has been the return to the plaintiff’s counsel, personally, by registered mail, or by electronic means authorized by the Rules.
completed, the server shall,
within five (5) days Should substituted service have been effected, the return shall state the following:
therefrom, serve a copy of
RULE 14, the return, personally or by (1) The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and receipt of summons;
SEC. 20 registered mail, to the
plaintiffs counsel, and shall (2) The date and time of the three (3) attempts on at least (2) two different dates to cause personal service and the details of the inquiries made to locate the
return the summons to the defendant residing thereat; and
clerk who issued it,
accompanied by proof of (3) The name of the person at least eighteen (18) years of age and of sufficient discretion residing thereat, name of competent person in charge of the defendant’s
service. office or regular place of business, or name of the officer of the homeowners’ association or condominium corporation or its chief security officer in charge of the
community or building where the defendant may be found.
Section 21. Proof of service. — The proof of

SEC. 18. Proof of
service of a summons shall be made in writing by
service. — The proof of
the server and shall set forth the manner, place,
service of a summons shall
and date of service; shall specify any papers Be noted though, that the things mentioned under items (2) and (3) of Section 19, Rule 14 of the Amended
be made in writing by the
which have been served with the process and the Rules of Court, pertain to the manner of effecting substituted service of summons under Section 6, Rule 14 of
server and shall set forth
name of the person who received the same; and the Amended Rules.
the manner, place, and date
RULE 14, shall be sworn to when made by a person other
of service; shall specify any
SEC. 21 than a sheriff or his or her deputy. It is also relevant to stress that the Return filed by the sheriff or process server, whose duties include service of
papers which have been
summons and other court processes, is prima facie evidence of the facts stated therein, and said officer enjoys
served with the process and
If summons was served by electronic mail, a the presumption that he has regularly performed his duty. Hence, to overcome the presumption arising from
the name of the person who
printout of said e-mail, with a copy of the the Sheriff’s return, the evidence must be clear and convincing (Orosa vs. Court of Appeals, 261 SCRA 376).
received the same; and
summons as served, and the affidavit of the
shall be sworn to when
person mailing, shall constitute as proof of
made by a person other
service.
than a sheriff or his deputy.
Where service of summons is done by publication, two (2) affidavits are thus required:
RULE 14,
SEC. 19. Proof of service Section 22. Proof of service by publication. — If
SEC. 12
by publication. — If the the service has been made by publication, 1) The affidavit of either the publisher, or editor, or business or advertising manager of the newspaper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
service has been made by service may be proved by the affidavit of the company which published the summons and the court order authorizing summons by publication, to
publication, service may be publisher, editor, business or advertising which affidavit copies of the publication shall be attached; and
proved by the affidavit of manager, to which affidavit a copy of the
the printer, his foreman or publication shall be attached and by an affidavit 2) Another affidavit showing the deposit of a copy of the summons and order for publication in the post
principal clerk, or of the showing the deposit of a copy of the summons office, postage prepaid, directed to the defendant by registered mail to his or her last known address.
editor, business or and order for publication in the post office,
advertising manager, to postage prepaid, directed to the defendant by
which affidavit a copy of the registered mail to his or her last known address.
publication shall be
attached, and by an
affidavit showing the
deposit of a copy of the
summons and order for
publication in the post
office, postage prepaid,
directed to the defendant by
registered mail to his last
known address
Under the 1997 Rules of Civil Procedure, lack of jurisdiction over the person of the defendant is among the
grounds for filing a motion to dismiss (Section 1[a], Rule 16 of the 1997 Rules of Civil Procedure).Moreover,
under the 1997 Rules of Civil Procedure, the invocation of other grounds in the motion to dismiss (in addition to
SEC. 20. Voluntary the ground of lack of jurisdiction over the person of the defendant) shall NOT be deemed a voluntary
appearance. — The appearance,and the same is NOT considered waiver of the objection to the lack of jurisdiction over the person
defendant’s voluntary of the defendant.
appearance in the action Section 23. Voluntary appearance. — The
shall be equivalent to defendant's voluntary appearance in the action But the rules have already been drastically altered.
service of summons. The shall be equivalent to service of summons. The
RULE 14,
inclusion in a motion to inclusion in a motion to dismiss of other grounds For one, under now Section 23, Rule 14 of the Amended Rules of Court, “(t)he inclusion in a motion to dismiss
SEC. 23
dismiss of other grounds aside from lack of jurisdiction over the person of of other grounds aside from lack of jurisdiction over the person of the defendant shall be deemed a voluntary
aside from lack of the defendant shall be deemed a voluntary appearance.”
jurisdiction over the person appearance.
of the defendant shall not More than that, under the Amended Rules, lack of jurisdiction over the person of the defendant is no longer a
be deemed a voluntary ground for filing a motion to dismiss. Under the Amended Rules, there are only four (4) grounds for filing a
appearance. motion to dismiss, and lack of jurisdiction over the defendant is certainly not one of them.
It is with the foregoing considerations (See notes) that, as heretofore mentioned, it is Atty’s considered view
that objection on the ground of lack of jurisdiction over the person of the defendant now appears to be
meaningless.
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RULE 15
MOTIONS
1997 RULES OF CIVIL
PROCEDURE
RULE 15,
Section 1. Motion defined. – A motion is an application for relief other than by Examples
SEC. 1
a pleading.
Par. 1 The wife filed a case for legal separation
Motions shall be in writing, except those made in open court against the husband. During the hearing of the
or in the course of a hearing or trial. case, the wife, through her lawyer, verbally
moved or asked the court to direct the husband
Where the motion is in writing, it must comply with the to give support to the wife pendente lite, in the
requirements: amount of P50,000.00 per month. The husband
1. Content & supporting documents (Section 3, Rule 15, AR) opposed such verbal motion, contending that
2. Proof of service to opposing party (Sec. 7, Rule 15, AR) he has no means to give the support
3. Omnibus Motion Rule (Sec 9, Rule 15, AR) demanded, as, according to him, his monthly
Section 2. Motions must be in writing. — All 4. Attachment to the motion of the pleading or another motion income is only P20,000.00.
motions shall be in writing except those made in sought to be allowed admission by the court (Section 10,
open court or in the course of a hearing or trial. Rule 15, AR) In that situation, even if the motion was verbally
5. Form of such motion (Section 11, Rule 15, AR) done in open court, the court is not required to
SEC. 2. Motions must be A motion made in open court or in the course of a 6. Payment of the required fee, if such be a motion for resolve such motion immediately. Naturally,
in writing.— All motions hearing or trial should immediately be resolved in postponement (Section 12, Rule 15, AR) the court will conduct a hearing thereon and
RULE 15, shall be in writing except open court, after the adverse party is given the require the parties to present evidence by
SEC. 2 those made in open opportunity to argue his or her opposition thereto. submitting affidavits or written depositions to
court or in the course of Par. 2 prove their respective contentions; in fact, at its
a hearing or trial. When a motion is based on facts not appearing on Oral motions made in open court should be resolved discretion, the court may hear the matter
record, the court may hear the matter on affidavits immediately after the adverse party is given the opportunity to through oral testimonies or oral depositions.
or depositions presented by the respective parties, argue his opposition thereto. Motions such as:
but the court may direct that the matter be heard  motion for postponement Similarly, if an oral motion is made in open
wholly or partly on oral testimony or depositions.  motion for exclusion of other witnesses court but the resolution of which calls for the
 motion for issuance of alias summons application of intricate or difficult legal
provisions, the court, with the end in view
Par. 3 handing down an informed resolution on the
For motions which involve difficult legal provisions, it need matter, may just require the movant to reduce
not be resolved immediately as the court may hear the his motion in writing and for the opposing party
extraneous matters via affidavits or depositions. to file his or her written comment or opposition
thereto. After all, haste is not a substitute for
justice.
Relate this to our preceding discussions. Again, where the resolution of a motion calls for extraneous facts,
Section 3. Contents. – A motion shall state the relief sought to be obtained and
such facts shall be established by evidence through the submission of affidavits and other papers, among
RULE 15, the grounds upon which it is based, and if required by these Rules or
others. Where the motion is in writing and it alleges facts which are not evident in the case records, then such
SEC. 3 necessary to prove facts alleged therein, shall be accompanied by supporting
motion shall, as much as possible, be accompanied already by supporting affidavits and other documents
affidavits and other papers.
tending to establish such extraneous facts as, thus, averred in the motion.
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This is an innovation under the Amended Rules. Under the old rules it did not explicitly enumerate what motions
are litigious and what are not. But in this amended provision, the non-litigious motions and those that are
considered as litigious ones are already specifically enumerated.
A close scrutiny of the mentioned non-litigious motions would reveal that they all have a common denominator,
that is, the resolution of any such motion can readily be had on the basis of the case records.
Consider these following illustrations:
Example 1:
If the plaintiff files a motion for the issuance of an
Section 4. Non-litigious motions. — Motions which 1. Motion for issuance of alias summons
— DELETED alias summons, all that the court will do is to
the court may act upon without prejudicing the (Under Section 4, Rule 14 of the Amended Rules, an alias
SEC. 4. Hearing of verify from the records if the summons was lost or
rights of adverse parties are non-litigious motions. summons may only be issued in case of destruction or
motion.— Except for destruction of summons.) destroyed, such that if, indeed, it was lost or
These motions include:
motions which the court destroyed, then the court will grant the motion;
may act upon without otherwise, it will deny the same.
a) Motion for the issuance of an alias
prejudicing the rights of
summons;
the adverse party, every Example 2:
b) Motion for extension to file answer;
written motion shall be If the defendant files a motion for extension to file
c) Motion for postponement;
set for hearing by the answer, all that the court will do is to look at the
d) Motion for the issuance of a writ of
applicant .Every written records of the case. If it appears that the
execution;
RULE 15, motion required to be 2. Motion for extension to file answer. defendant did not previously ask for an extension
e) Motion for the issuance of an alias writ of
SEC. 4 heard and the notice of to file his answer, then such motion, if based on
execution;
the hearing thereof shall meritorious ground, will be granted, pursuant to
f) Motion for the issuance of a writ of
be served in such a Section 11, Rule 11 of the Amended Rules;
possession;
manner as to ensure its otherwise, it must be denied.
g) Motion for the issuance of an order
receipt by the other party
directing the sheriff to execute the final
at least three (3) days
certificate of sale; and
before the date of Example 3:
h) Other similar motions.
hearing, unless the court If the movant asks for postponement due to force
for good cause sets the majeure – like this COVID-19 pandemic, or based
These motions shall not be set for hearing and
hearing on shorter 3. Motion for postponement on the physical disability of the witness as he or
shall be resolved by the court within five (5)
notice. she is, for instance, confined at the hospital due
calendar days from receipt thereof.
to COVID as shown in the medical certificate –
then, it can be expected that the motion for
postponement will be granted.
4. As for motion for issuance of a writ of execution, however, a distinction should be made between an
execution which is a matter of right and that which is not.
 Writ of execution, a matter of right= non-litigious motion (Sec 1, Rule 39, RoC)
 Writ of execution, discretionary= litigious motion (Sec 1, Rule 39, RoC)
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5. Writ of possession, demands only two requirements:

 the sufficiency in form and substance of the complaint, and
 the required provisional deposit.
The sufficiency in form and substance of the complaint for expropriation can be determined by the mere
examination of the allegations of the complaint.
“Upon compliance with these requirements, the petitioner in an expropriation case is entitled to a writ of
possession as a matter of right and the issuance of the writ becomes ministerial. Conversely, where the
issuance of a writ of possession is not considered a ministerial duty on the part of the court, then it is submitted
that any such motion for the issuance of a writ of execution is considered a litigious motion (Municipality of
Cordova vs. Pathfinder Development Corporation, G.R. No. 205544, June 29, 2016).‖
6. Motion for the issuance of an order directing the sheriff to execute the final certificate of sale,
This motion is undoubtedly a non-litigious one, as such execution of a final certificate of sale is but the
necessary consequence of the judgment-debtor’s failure to redeem, within the prescribed period, the property
sold in a public auction pursuant to a final and executory judgment.
RULE 15, SEC. 4, Par. 3 : ―These motions shall not be set for hearing and shall be resolved by the court within
five (5) calendar days from receipt thereof.‖
Where the motion is considered to be a non-litigious, the same shall not be set for hearing, in that the court shall
resolve the same within five (5) calendar days from receipt hereof.
There is no need for the court to issue an order giving the opposing party an opportunity to file his opposition to,
or comment on, that non-litigious motion. In other words, the court can, as it shall, motu proprio resolve such
motion, within five (5) calendar days from receipt thereof.
It must be emphasized, however, that even if a motion is considered a non-litigious one, the movant (or the
party filing such motion) must still furnish a copy of that motion to the opposing party, as the same is expressly
required under Section 7, Rule 15 of the Amended Rules.
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Some examples:
Section 5. Litigious motions. — (a) Litigious
motions include: Motion for bill of particulars.
Such motion is a litigious one because while the
1) Motion for bill of particulars; allegation in a pleading may appear to be
2) Motion to dismiss; ambiguous insofar as the defendant is
Litigious motion: A litigious motion is one which basically
3) Motion for new trial; concerned, but it may not be ambiguous insofar
prejudices the right of the adverse party.
4) Motion for reconsideration; as the plaintiff is concerned. It could be that the
5) Motion for execution pending appeal; filing of a motion for bill of particulars is just
A close scrutiny of the mentioned motions on your left
6) Motion to amend after a responsive pleading defendant’s ploy to suspend the running of the
would glaringly reveal that a denial or grant thereof would
has been filed; period for him to file his answer to the complaint.
substantially prejudice the rights of the parties.
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of Motion to dismiss.
— DELETED
demolition; The same is undoubtedly a litigious one because,
SEC. 5. Notice of
9) Motion for intervention; if it is granted, the case is perforce dismissed, to
hearing.— The notice of
10) Motion for judgment on the pleadings; the prejudice of the plaintiff. If denied, the
hearing shall be
11) Motion for summary judgment; defendant will be prejudiced, as he will undergo
addressed to all parties
RULE 15, 12) Demurrer to evidence; the rigors of having to litigate.
concerned, and shall
SEC. 5 13) Motion to declare defendant in default; and
specify the time and date
14) Other similar motions. Unlike in the old rules, under the Amended Rules, the movant in a litigious motion is NO LONGER REQUIRED
of the hearing which
must not be later than to set his motion for hearing or request that it be heard. Such requirement is now dispensed with, as, under
(b) All motions shall be served by personal Section 6, Rule 15 of the Amended Rules, it is now discretionary on the part of the court to set such litigious
ten (10) days after the
service, accredited private courier or registered motion for hearing. In other words, the court may or may not set the motion for hearing.
filing of the motion.
mail, or electronic means so as to ensure their
receipt by the other party. Whether or not the court set the litigious motion for hearing, and without need of any directive from the court, it
(c) The opposing party shall file his or her appropriate for the opposing party to file his or her opposition to the litigated motion, within five (5) calendar
opposition to a litigious motion within five (5) days from receipt of a copy of the litigated motion. The opposing party does not have to wait, and he could not
calendar days from receipt thereof. No other expect, that the court will issue an order directing him to file his or her opposition to the litigated motion. If he or
submissions shall be considered by the court in she does not file any opposition within five (5) days from his or her receipt of the litigated motion, then he is
the resolution of the motion. deemed to have waived the filing of any such purported litigation.
The motion shall be resolved by the court within Other than the opposition to the litigated motion, no other submissions shall be allowed; hence, the movant
fifteen (15) calendar days from its receipt of the cannot file a rejoinder to the opposition filed by the opposing party, if one was filed.
opposition thereto, or upon expiration of the period
to file such opposition. Thereafter, the court shall resolve such litigated motion within fifteen (15) calendar days from its receipt of the
opposition thereto, if one was filed, or upon expiration of the period to file such opposition.
SEC. 6. Proof of service Section. 6. Notice of hearing on litigious motions; From the tenor of paragraph (b) of Section 5, Rule 15 of the Amended Rules, litigious motions should be put in
necessary.— No written discretionary. — The court may, in the exercise of writing, and, as provided therein, and in conjunction with Section 7, Rule 15 of the Amended Rules, copies
motion set for hearing its discretion, and if deemed necessary for its whereof shall be furnished to the opposing party or parties; otherwise, the said motions will not be acted upon
RULE 15,
shall be acted upon by resolution, call a hearing on the motion. The notice by the court.
SEC. 6, 7, 8
the court without proof of of hearing shall be addressed to all parties
service thereof. (6a) concerned, and shall specify the time and date of But for non-litigious motions, the court, motu proprio may resolve such motion, within five (5) calendar days from
the hearing. (5a) receipt thereof.
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SEC. 7. Motion day.— Section 7. Proof of service necessary. — No It must be emphasized that even if a motion is considered a non-litigious one, the movant (or the party filing
Except for motions written motion shall be acted upon by the court such motion) must still furnish a copy of that motion to the opposing party, as the same is expressly required
requiring immediate without proof of service thereof, pursuant to under Section 7, Rule 15 of the Amended Rules.
action, all motions shall Section 5(b) hereof. (6a)
be scheduled for hearing
on Friday afternoons, or
if Friday is a non-working Section 8. Motion day. — Except for motions
day, in the afternoon of requiring immediate action, where the court
the next working day. decides to conduct hearing on a litigious motion,
(7a) the same shall be set on a Friday. (7a)
The mentioned rule used to be under Section 8 of the 1997 Rules of Civil Procedure.
Example:
Upon motion of the plaintiff, the defendant in an action had been declared in default for his failure to file his
answer within the reglementary period, despite the service of summons through substituted service. Defendant,
however, filed a motion to lift the order declaring him in default on the sole ground that the substituted of service
was improper because, according to him, while the summons was served at his place or residence, the sheriff
just left or entrusted such summons to the defendant’s stay-out helper, contrary to the provision of now Section
6 (b), Rule 14 of the Amended Rules.
SEC. 8. Omnibus If, for instance, the court denied defendant’s motion to lift the order of default, the defendant cannot, in his
motion.— Subject to the motion for reconsideration, or in another motion to lift the order of default, argue or raise another ground – that
provisions of section 1 of is, the sheriff had not previously made three (3) attempts on two (2) different dates to personally, but failed so to
Rule 9, a motion actually, serve the summons on the defendant. As this ground was not raised in the earlier motion to lift the
Section 9. Omnibus motion. — Subject to the
attacking a pleading, order of default, the defendant shall be deemed to have already waived this objection.
provisions of Section 1 of Rule 9, a motion
order, judgment, or
attacking a pleading, order, judgment, or
RULE 15, proceeding shall include
proceeding shall include all objections then
SEC. 9 all objections then Illustration:
available, and all objections not so included shall
available, and all Under the 1997 Rules of Civil Procedure, and applying the omnibus motion rule, if, for instance, the defendant
be deemed waived. (8a)
objections not so in the action filed a motion to dismiss based only on the following grounds culled from the old rules’ Section 1,
included shall be Rule 16:
deemed waived. (1)that the court has no jurisdiction over the subject matter;
(2)that the action is barred by prior judgment; and
(3) that the court has no jurisdiction over the person of the defendant-
To which, the court denied the motion to dismiss, the defendant-movant could still raise those three (3) grounds
in his answer by way of affirmative defenses therein, but he could not anymore raise,as additional affirmative
defenses in his answer, the objections on ―improper venue‖ and that ―the complaint does not state a cause of
action‖, because these additional defenses were deemed waived already, as they were not raised in the motion
to dismiss earlier filed.
Q: But, instead of ―improper venue‖ above, suppose the defendant in his answer rather raised, as an additional
affirmative defense, the additional ground that the action is barred by the statute of limitation, could he validly do
that when such ground was not raised in the motion to dismiss earlier filed?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
A: YES! The latter situation is permissible both under 1997 Rules of Civil Procedure and under the Amended
Rules because the omnibus motion rule, exempts from the coverage thereof, the grounds for dismissal of
actions as, thus, mentioned under Section 1, Rule 9 of the (Amended) Rules of Court, which provides:
Section 1. Defenses and objections not pleaded. — Defenses and objections not pleaded
either in a motion to dismiss or in the answer are deemed waived. However, when it appears
from the pleadings or the evidence on record 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 or by statute of limitations, the court shall dismiss
the claim.
Where a party files the ff:

 motion for leave to admit an amended
complaint or answer which is not a matter
of right (Section 2, Rule 10 AR); or
 to admit a supplemental pleading (Section
Where a party to the action intends to file a pleading, or
6, Rule 10, AR); or
motion, which requires prior leave of court, such motion
 to admit a supplemental answer with
for leave of court must already be accompanied, as
counterclaim or cross-claim which belatedly
attachment thereto, the pleading or motion which the
RULE 15, Section 10. Motion for leave. — A motion for leave to file a pleading or motion matured (Section 9, Rule 11, AR); or
party sought to be admitted.
SEC. 10 shall be accompanied by the pleading or motion sought to be admitted.  to admit an amended answer with the
This requirement is designed to aid the court in weighing omitted counterclaim or cross-claim
the propriety of allowing or denying such motion for (Section 10, Rule 11 , AR; or
leave to admit a pleading or motion.  to admit complaint-in-intervention or
answer-in-intervention (Section 1, Rule 19,
AR) –
Then such desired additional pleadings must
already be appended or attached to the motion for
leave for their admission.
The appearance of a motion does not, therefore, substantially differ from a pleading, insofar as it concerns
Section 11. Form. — The Rules applicable to pleadings shall apply to written caption, designation, signature, and other matters of form.
RULE 15,
motions so far as concerns caption, designation, signature, and other matters
SEC. 11
of form. Generally, a motion need not be verified or under oath. But under Section 3(b), Rule 9 of the Amended Rules, a
motion to set aside a default order must be, among others, under oath.
Section. 12. Prohibited motions. — The following motions shall not be allowed: A motion to dismiss is prohibited, except if the same is based on any or all of the following grounds:
RULE 15, (a) Motion to dismiss except on the following grounds: 1. That the court has no jurisdiction over the subject matter of the claim;
SEC. 12 2. That there is another action pending between the same parties for the same cause;
1) That the court has no jurisdiction over the subject matter of the claim; 3. That the cause of action is barred by a prior judgment; or
2) That there is another action pending between the same parties for the same 4. That the cause of action is barred by the statute of limitations.
cause; and
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
3) That the cause of action is barred by a prior judgment or by the statute of Q1: What if a Motion to be Dismiss, based on the aforementioned grounds, were to be denied by court? What
limitations; can the defendant still do?
A1: The defendant-movant CAN still file:
(b) Motion to hear affirmative defenses;  a Motion for reconsideration* on such order denying a motion to dismiss (before filing an answer)
 an Answer, wherein he can still reiterate or raise such grounds for filing a motion to dismiss by way of
(c) Motion for reconsideration of the court’s action on the affirmative defenses; affirmative defences.
(d) Motion to suspend proceedings without a temporary restraining order or Q2: Isn’t a motion for reconsideration prohibited under Sec 5 (c), Rule 15 of the Amended Rules?
injunction issued by a higher court; A2: No. Such filing of a motion for reconsideration on the order denying a motion to dismiss is allowed, as what
is prohibited under Section 5(c), Rule 15 of the Amended Rules is “a motion for reconsideration on the court’s
(e) Motion for extension of time to file pleadings, affidavits or any other papers, action on the affirmative defenses.”
except a motion for extension to file an answer as provided by Section 11,
Rule 11; and * But while a motion for reconsideration may be filed on an order denying a motion to dismiss, the filing of any such motion for
reconsideration must be resorted to with utmost caution. It would be prudent to just file an answer after the motion to dismiss is
(f) Motion for postponement intended for delay, except if it is based on acts of denied, instead of filing a motion for reconsideration on the order denying such motion to dismiss; otherwise, you run the risk of being
declared in default.
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 Q3: When is a movant NOT ALLOWED to file a motion for reconsideration?
warned that the presentation of its evidence must still be terminated on the A3:
dates previously agreed upon.  When any or all of the four aforementioned grounds are not raised in the motion to dismiss, or
 the same are only raised in the answer by way of affirmative defenses therein, and
A motion for postponement, whether written or oral, shall, at all times, be
 the court denied such affirmative defences
accompanied by the original official receipt from the office of the clerk of court
evidencing payment of the postponement fee under Section 21(b), Rule 141,
— The defendant-movant CANNOT file a motion for reconsideration on the court’s order denying such
to be submitted either at the time of the filing of said motion or not later than
affirmative defense or defenses, as this is proscribed under the Section (c), Rule 15 of the Amended Rules,
the next hearing date. The clerk of court shall not accept the motion unless
which prohibits “a motion for reconsideration on the court’s action on the affirmative defenses.” And further
accompanied by the original receipt. (n)
proscribed in Section 12 (e), Rule 8 of the Amended Rules, which dictates that, no motion for reconsideration
can be filed with respect to an order denying an affirmative defense
If the motion to dismiss or affirmative defense is granted and the ground for the dismissal of the
pending/present case or claim is that the claim is:
(1) barred by a prior judgment or
(2) barred by the statute of limitations; or
(3) that the claim or demand set forth in the plaintiff’s pleading has been paid, waived, abandoned or otherwise
extinguished; or
Section. 13. Dismissal with prejudice. — Subject to the right of appeal, an
(4) that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds,
order granting a motion to dismiss or an affirmative defense that the cause of
action is barred by a prior judgment or by the statute of limitations; that the
RULE 15, -- then such order of dismissal (being with prejudice) shall be subject to appeal. But once the said order of
claim or demand set forth in the plaintiff’s pleading has been paid, waived,
SEC. 13 dismissal is affirmed on appeal with finality, then the case or claim CANNOT ANYMORE BE REFILED.
abandoned or otherwise extinguished; or that the claim on which the action is
founded is unenforceable under the provisions of the statute of frauds, shall
But where the order of dismissal of the case of claim is based on the grounds other that the four (4) grounds
bar the refiling of the same action or claim. (5, R16)
mentioned under Section 13, Rule 15 of the Amended Rules – these other grounds being, but not limited to:
(1) the venue is improperly laid; or
(2) plaintiff has no legal capacity to sue; or
(3) that the complaint states no cause of action; or
(4) that a condition precedent for filing the suit has not been complied with; or
(5) litis pendentia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
– Such dismissal, if proper, is NOT A BAR to another action when the circumstances change and would
warrant the refiling and prosecution of the same.
Where the ground of dismissal is lack of jurisdiction over the subject matter, the dismissal of the action, is,
generally, without prejudice to the refiling of the complaint with the supposed proper court, and from the tenor of
Section 1(g) of Rule 41, no appeal may ordinarily be had from such order of dismissal.
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RULE 17
DISMISSAL OF ACTIONS
1997 RULES OF CIVIL
PROCEDURE
Comments, Cont’d…
This provision enunciates that the plaintiff has the right to dismiss his
complaint for whatever reason by filing a mere notice of dismissal, and The dismissal of the complaint is WITH
not necessarily a motion. PREJUDICE:
1. Where the notice of dismissal filed by the
Q: When should the notice of dismissal be filed? plaintiff states that the dismissal is with
A: At any time before service of the answer or of a motion for summary prejudice(Second sentence of Section 1,
judgment, and not before the mere filing of an answer: Rule 17 of the Amended Rules); or
GO vs. CRUZ 2. Even if the notice of dismissal states that

G.R. No. 58986, April 17, 1989 the dismissal is without prejudice, but the
ground for filing such notice of dismissal is
FACTS: “California” brought an action in the CFI of Manila against one which prevents the filing of the
Dante Go, accusing him of unfair competition. But on November 12, complaint, as when, for example, the
1981, California filed a notice of dismissal with the Court without ground is prescription of action, or
prejudice. Four days later, on November 16, 1981, California received extinguishment of the obligation of the
by registered mail a copy of Dante Go's answer with counterclaim, defendant by payment, etc., or where the
Section 1. Dismissal upon notice by plaintiff. — A complaint may which Go filed with the court on November 9, 1981. Thus, California ground for filing a notice of dismissal is res
be dismissed by the plaintiff by filing a notice of dismissal at any filed another complaint asserting the same cause of action against judicata(see Serrano vs. Cabrera, 93 Phil.
time before service of the answer or of a motion for summary Dante Go, this time with the CFI Caloocan City. 774); or
judgment. Upon such notice being filed, the court shall issue an
RULE 17,
order confirming the dismissal. Unless otherwise stated in the ISSUE: W/N California has the right to dismiss its complaint by a mere 3. Where the plaintiff has previously
SEC. 1
notice, the dismissal is without prejudice, except that a notice notice of dismissal, on November 12, 1981, when it would appear that dismissed his complaint in a court of
operates as an adjudication upon the merits when filed by a such notice of dismissal was only filed after the defendant has “filed” his competent jurisdiction based or including
plaintiff who has once dismissed in a competent court an action answer on November 9, 1981, albeit California. received such answer the same claim (Second sentence of
based on or including the same claim. only on November 16, 1981? Section 1, Rule 17 of the Amended Rules).
This is commonly referred to as the “two-
HELD: Yes, California filed the notice of dismissal, before service of the dismissal rule.”
answer.
What marks the loss by a plaintiff of the right to cause dismissal of the Similarly, if the prior dismissal was because the trial
action by mere notice is not the filing of the defendant's answer with the court has no jurisdiction over the subject matter of
Court (either personally or by mail) but the service on the plaintiff of said the action, the second dismissal upon the instance
answer or of a motion for summary judgment. of the plaintiff is still WITHOUT PREJUDICE.
ITCAB, California (Plaintiff) filed its notice of dismissal of its action in the
Manila Court after the filing of Dante Go's answer but before service Example:
thereof. Thus having acted well within the letter and contemplation of Waldi filed a case for unlawful detainer against
the afore-quoted Section 1 of Rule 17 of the Rules of Court, its notice Randi before the Regional Trial Court of Cebu City.
ipso facto brought about the dismissal of the action then pending in the Realizing afterwards that the RTC has no
Manila Court, without need of any order or other action by the Presiding jurisdiction over the case, Waldi forthwithfiled a
Judge. notice of dismissal, and he did so even before
---------------- Randi could file his answer to the complaint. Waldi
re-filed the case with the MTCC of Cebu City, but
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Effect of dismissal of complaint from plaintiff’s notice of dismissal: even before Randi could file his answer to the
Dismissal is WITHOUT prejudice, complaint can still be refiled. complaint, Waldi filed a notice of dismissal.
Q: Instead of re-filing the case, can the plaintiff revive or reinstate the Q: Should the second dismissal be now with
action? prejudice?
A: It depends w/n the reglementary period confirming the dismissal has A: No because the prior dismissal was before
already lapsed: the RTC which, obviously, has no jurisdiction over
the case for unlawful detainer.
1. If case is dismissed + 15-day reglementary period has lapsed=
There’s no more reinstatement or revival of the case, even if
dismissal was without prejudice.
 Remedy: file another complaint AND pay filing fees.
There having been a dismissal or withdrawal of the action, albeit without

prejudice, and the order considering the action withdrawn having become
final, revival of the case could not be done except through the
commencement of a new action, i.e., by the filing of another complaint and
the payment of the concomitant docketing fees (Ortigas and Co. Limited
Partnership vs. Velasco, 234 SCRA 455.
2. (Case dismissed + well within the 15-day reglementary period=

plaintiff may move to withdraw and set aside his notice of
dismissal and revive his action, before the 15-day reglementary
period lapses.
Section 2. Dismissal upon motion of plaintiff. — Except as

provided in the preceding section, a complaint shall not be
dismissed at the plaintiff's instance save upon approval of the
court and upon such terms and conditions as the court deems
proper. If a counterclaim has been pleaded by a defendant prior Q: When is a plaintiff barred from filing a motion to dismiss as a matter of right?
to the service upon him or her of the plaintiff's motion for A: Once either an answer or a motion for summary judgment has already been served on him.
dismissal, the dismissal shall be limited to the complaint. The
RULE 17,
dismissal shall be without prejudice to the right of the defendant Q: What if, after being served the answer or motion for summary judgment, plaintiff still wants to push through the dismissal of
SEC. 2
to prosecute his or her counterclaim in a separate action unless the case? Can he do so?
within fifteen (15) calendar days from notice of the motion he or A: Yes, he may file a motion to dismiss the complaint, but such motion to dismiss will now be subject to the approval of the
she manifests his or her preference to have his or her court and upon such terms and conditions as the court deems proper. (1st sentence, Sec. 2, Rule 17)
counterclaim resolved in the same action. Unless otherwise
specified in the order, a dismissal under this paragraph shall be
without prejudice. A class suit shall not be dismissed or
compromised without the approval of the court.
Section 3. Dismissal due to fault of plaintiff. — If, for no The provision provides for the dismissal of the action for reasons As provided under Section 3, Rule 17 of the
RULE 17, justifiable cause, the plaintiff fails to appear on the date of the attributable to the plaintiff, such as: Amended Rules, the dismissal of the action may
SEC. 3 presentation of his or her evidence in chief on the complaint, or either be upon motion of the defendant or upon the
to prosecute his or her action for an unreasonable length of  The plaintiff fails to appear on the date of the presentation of court’s own motion, and it shall be without prejudice
time, or to comply with these Rules or any order of the court, the his or her evidence in chief; to the right of the defendant to prosecute his or her
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complaint may be dismissed upon motion of the defendant or  Plaintiff’s failure to prosecute his or her action for an counterclaim in the same or in a separate action.
upon the court's own motion, without prejudice to the right of the unreasonable length of time;
defendant to prosecute his or her counterclaim in the same or in  Plaintiff’s failure to comply with the requirement of certification Take note also that the dismissal of the complaint
a separate action. This dismissal shall have the effect of an against forum shopping. (Section 5, Rule 7 of the Amended under Section 3, Rule 17 of the Amended rules is
adjudication upon the merits, unless otherwise declared by the Rules) generally WITH PREJUDICE, or it shall have the
court. (3a)  Plaintiff’s failure to comply with any order of the court. effect of an adjudication upon the merits, unless
 Plaintiff’s failure to submit a bill of particulars, when otherwise declared by the court.
directed by the court, is a ground for dismissal of the
action.
 Failure to comply with an order to include
indispensable parties is a ground for dismissal
Section 4. Dismissal of counterclaim, cross-claim, or third-party

The above provision means that a counterclaim, cross-claim, or third-
complaint. — The provisions of this Rule shall apply to the
party complaint may also be dismissed by the claimant as a matter of
dismissal of any counterclaim, cross-claim, or third-party
right and just by his filing of a notice of dismissal at any time before an
RULE 17, complaint. A voluntary dismissal by the claimant by notice as in
answer or a motion for summary judgment is served on the claimant or,
SEC. 4 Section 1 of this Rule, shall be made before a responsive
if there is none, before the introduction of evidence at the trial or
pleading or a motion for summary judgment is served or, if there
hearing.
is none, before the introduction of evidence at the trial or
hearing.
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RULE 18
PRE-TRIAL
PROVI- 1997 RULES OF CIVIL
2019 AMENDMENTS COMMENTS or EXAMPLES
SION PROCEDURE
Pre-trial: A procedural device by which the court can

compel the parties and their respective lawyers to
appear before it and take up the matters
enumerated under Section 2, Rule 18 of the
Amended Rules, more importantly the possibility of
arriving at an amicable settlement, and, where no
Q: When shall pre-trial be conducted?
settlement is reached by the parties, then to simplify
A: ONLY after the lapse of the reglementary period for
and narrow down the issues in the case, among
filing the last responsive pleading as long as there is
SECTION 1. When others.
already an answer, for it is possible that parties may
conducted.— After the
not file a reply or rejoinder, as the case may be, and
last pleading has been Section 1. When conducted. — After the last responsive Under the Amended Rules, after the last pleading
the proceedings should not be held hostage by their
served and filed, it shall pleading has been served and filed, the branch clerk of court has been served and filed, it is now incumbent upon
RULE 18, failure so to file a reply or rejoinder (see Sarmiento vs.
be the duty of the shall issue, within five (5) calendar days from filing, a notice the branch clerk of court, within five (5) calendar
SEC. 1 Juan, 120 SCRA 403).
plaintiff to promptly of pre-trial which shall be set not later than sixty (60) calendar days from the filing of the last pleading, if any, to
move ex parte that the days from the filing of the last responsive pleading. (1a) calendar the case for pre-trial and issue notices of
Q: What pleading is then required for a pre-trial?
case be set for pre-trial. such pre-trial which shall be held not later than sixty
A: The answer of the defendant already filed and
(5a, R20 (60) calendar days from the filing of the last
served; otherwise, if there is no answer, then there is
pleading.
no need to set the case for pre-trial, as the defendant
may just be declared in default,
 Under the old rules= Plaintiff must to
promptly file an ex parte motion to set the
case for pre-trial after the filing and service
of the last pleading.
 Under the Amended Rules= the plaintiff is
not anymore required to move ex parte for
the case to be calendared for pre-trial.
SEC. 2. Nature and THE ISSUES CONSIDERED IN A PRE-TRIAL:
purpose.— The pre-trial Section. 2. Nature and Purpose. — The pre-trial is mandatory
is mandatory. The court and should be terminated promptly. The court shall consider: One of the objectives of pre-trial is to explore the
shall consider: possibility of an amicable settlement. But even where
(a) The possibility of an (a) The possibility of an amicable settlement or of a the parties manifest to the court that they are not
amicable settlement or submission to alternative modes of dispute resolution; willing to settle the case amicably, the judge cannot
of a submission to (b) The simplification of the issues; 1. Possibility of an amicable settlement
RULE 18, just terminate the pre-trial. After all, there are still other
alternative modes of (c) The possibility of obtaining stipulations or admissions things that need to be performed during pre-trial, such
SEC. 2
dispute resolution; of facts and of documents to avoid unnecessary proof; as simplification of issues, or stipulations of facts, etc.
(b) The simplification of (d) The limitation of the number and identification of (A.M. No. 03-1-09-SC, July 13, 2004).
the issues; witnesses and the setting of trial dates;
(c) The necessity or (e) The advisability of a preliminary reference of issues During pre-trial, the court and the parties may also
desirability of to a commissioner; 2. Possibility of submitting the matter to alternative
consider the possibility of submitting the matter to
amendments to the (f) The propriety of rendering judgment on the modes of dispute resolution
alternative modes of dispute resolution, such as,
pleadings; pleadings, or summary judgment, or of dismissing the action
voluntary arbitration.
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(d) The possibility of should a valid ground therefor be found to exist; One of the purposes of pre-trial is to clarify and narrow
obtaining stipulations or (g) The requirement for the parties to: down the basic issues between the parties, to
admissions of facts and ascertain the facts relative to those issues and to
3. Simplification of Issues/Possibility of obtaining
of documents to avoid 1. Mark their respective evidence if not yet marked in the enable the parties to obtain the fullest possible
stipulations or admissions facts and documents
unnecessary proof; judicial affidavits of their witnesses; knowledge of the issues and facts before civil trials
(e) The limitation of the and thus prevent said trials from being carried on in
number of witnesses; 2. Examine and make comparisons of the adverse parties' the dark.
(f) The advisability of a evidence vis-avis the copies to be marked;
preliminary reference of Under the Amended Rules, it is not enough that the
issues to a 3. Manifest for the record stipulations regarding the number of the witnesses for the respective sides is
commissioner; faithfulness of the reproductions and the genuineness and 4. Limitation of the number of witnesses, identified, in that these witnesses should now be
(g) The propriety of due execution of the adverse parties' evidence; identification of witness and setting of trial dates identified, and this is geared to prevent surprises.
rendering judgment on Relevantly, the setting of the trial dates shall also
the pleadings, or 4. Reserve evidence not available at the pre-trial, but only in depend on the number of the witnesses to be
summary judgment, or the following manner: presented by the parties.
of dismissing the action
should a valid ground i. For testimonial evidence, by giving the name or The court and the parties may also discuss the
therefor be found to position and the nature of the testimony of the proposed 5. Advisability of preliminary reference of issues to a propriety of referring the issues to a commissioner.
exist; witness; commissioner Referral to a commissioner may be had under any of
(h) The advisability or the circumstances contemplated under Section 2,
necessity of suspending ii. For documentary evidence and other object Rule 32.
the proceedings; and evidence, by giving a particular description of the evidence.
(i) Such other matters The court and/or the parties may also determine the
as may aid in the No reservation shall be allowed if not made in the manner 6. Propriety of rendering judgment on the pleadings, propriety of rendering judgment on the pleadings, or
prompt disposition of described above. or summary judgment, or of dismissing the action: summary judgment, or of dismissing the actions
the action, (1a, R20) should a valid ground therefor be found to exits.
(h) Such other matters as may aid in the prompt disposition of
the action. 7. Marking of evidence
The parties shall also mark their respective evidence if not yet marked in the judicial affidavits of their witness.
The failure without just cause of a party and counsel to
appear during pre-trial, despite notice, shall result in a waiver Recall that under Section 6 (b), Rule 7 of the Amended Rules, the affidavits of the witness are required to be
of any objections to the faithfulness of the reproductions attached to the pleading setting forth a party’s claim or defenses.
marked, or their genuineness and due execution.
Pursuant to the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012), in the preparation of the
The failure without just cause of a party and/or counsel to judicial affidavits of the witnesses, they shall already identify and establish the authenticity of the pertinent
bring the evidence required shall be deemed a waiver of the documentary and object evidence that they are testifying on, and such documentary evidence shall then be
presentation of such evidence. attached to their respective judicial affidavits and marked accordingly. But, if there are documentary or object
evidence that a particular witness mentioned in his judicial affidavit but was somehow unmarked in the
The branch clerk of court shall prepare the minutes of the affidavit itself, then such documentary or object evidence should, as much as possible, be produced and
pre-trial, which shall have the following format: (See marked during the pre-trial of the case. (please see the discussion under Section 7, Rule 8, AR.
prescribed form) (2a)
8. Comparison of the evidence:
During pre-trial, the parties also shall proceed to make comparisons of the adverse parties’ evidence with the
purported originals thereof and, thereupon, manifest for the record regarding the faithfulness of the
reproductions and/or the genuineness and due execution of such documentary evidence. This is to avoid
objection later on based the ground that the documentary evidence of the adverse party is not the genuine, or
that the same is not a faithful reproduction of the original.
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9. Reservation of evidence:
Section 2, Rule 18 of the Amended Rules expressly allows reservation of testimonial evidence, as well as
documentary or other object evidence, but the same shall strictly be done in the manner provided for therein.
Reservation of testimonial evidence presupposes, that the intended witness has not yet executed a judicial
affidavit. While Section 6, Rule 7 of the Amended Rules requires that judicial affidavits of witnesses must
already be attached to the party’s pleading, yet it contains a proviso to end that “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.” Hence, if for justifiable reasons, the judicial affidavit of a witness
cannot as yet be executed – the party who wishes to present the testimony of such intended witness may just
reserve such testimonial evidence, but, in making such reservation, he needs to disclose already the name of
the witness or his position and the nature of the testimony of the proposed witness.
Parties may also reserve the presentation of documentary or object evidence, especially that which is not yet
available to the party wanting to present the same – i.e., the documentary evidence is still to be secured and
authenticated abroad. But in making such reservation, the party is required to give already the particular
description of the evidence, so as to prevent surprises to the adverse party.
Subject to the foregoing rule allowing reservation of evidence, it is vital to have the documents and exhibits
identified and marked during the pre-trial for the rule is that “the failure without just cause of a party and/or
counsel to bring the evidence required shall be deemed a waiver of the presentation of such evidence.”
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. More than that, the absent may shall suffer the sanctions as provided under Section 5, Rule 18,
AR.
Section. 3. Notice of pre-trial. — The notice of pre-trial The notice of pre-trial shall contain three (3) separate settings or schedules:
shall include the dates respectively set for: 1. For Pre-trial;
2. For Court-Annexed Mediation (CAM); and
(a) Pre-trial; 3. For Judicial Dispute Resolution (JDR).
SEC. 3. Notice of pre-trial.— (b) Court-Annexed Mediation; and
The notice of pre-trial shall be (c) Judicial Dispute Resolution, if necessary. Unlike in the old rules which required that separate notices should be sent to the party and his or her lawyer,
served on counsel, or on the under the present rule, it is enough that the notice of the pre-trial shall be served on the counsel of the party,
RULE 18, party who has no counsel. The The notice of pre-trial shall be served on counsel, or if the latter is represented by a counsel; otherwise, the notice of pre-trial shall be sent to him or her.
SEC. 3 counsel served with such on the party if he or she has no counsel. The counsel
notice is charged with the duty served with such notice is charged with the duty of Under the present rules though, the counsel is now bound to notify his or her client about the scheduled pre-
of notifying the party notifying the party represented by him or her. trial. If despite notice of the pre-trial, the counsel fails to inform his client about the pre-trial, such that the
represented by him. (n) client fails to appear therein, the client shall suffer the sanctions or consequences imposed under Section 5,
Non-appearance at any of the foregoing settings shall Rule 18 of the Amended Rules. xxx (Taroma vs. Sayo, 67 SCRA 512).
be deemed as nonappearance at the pre-trial and
shall merit the same sanctions under Section 5 As provided under Section 3, Rule 17 of the Amended Rules, the dismissal of the action may either be upon
hereof. (3a) motion of the defendant or upon the court’s own motion, and it shall be without prejudice to the right of the
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
defendant to prosecute his or her counterclaim in the same or in a separate action.
Take note also that the dismissal of the complaint under Section 3, Rule 17 of the Amended rules is generally
WITH PREJUDICE, or it shall have the effect of an adjudication upon the merits, unless otherwise declared
by the court.
SEC. 4. Appearance of Under Sections 4 and 5, Rule 18, of the Amended Rules, it is mandatory that both the client and counsel
parties.— It shall be the duty of Section 4. Appearance of Parties. — It shall be the appear at the:
the parties and their counsel to duty of the parties and their counsel to appear at the
 Pre-trial,
appear at the pre-trial. The pre-trial, court-annexed mediation, and judicial
 Court-Annexed Mediation (CAM), and
non-appearance of a party may dispute resolution, if necessary. The non-appearance
be excused only if a valid of a party and counsel may be excused only for acts  Judicial Dispute Resolution (JDR).
cause is shown therefor or if a of God, force majeure, or duly substantiated physical
RULE 18, The non-appearance of a party and counsel may be excused only for acts of God, force majeure, or duly
representative shall appear in inability.
SEC. 4 substantiated physical injury.
his behalf fully authorized in
writing to enter into an A representative may appear on behalf of a party, but
amicable settlement, to submit must be fully authorized in writing to enter into an If the client does not appear, he may be subject to sanctions provided under Sec. 5, Rule 18. However, where
to alternative modes of dispute amicable settlement, to submit to alternative modes of the client could not appear in the pre-trial, CAM, or JDR, he may appoint a representative to appear in his
resolution, and to enter into dispute resolution, and to enter into stipulations or own behalf, thru a written authorization, in the form of a special power of attorney. expressly authorizing the
stipulations or admissions of admissions of facts and documents. party’s representative to do every and all things mentioned under the second paragraph of Section 4, Rule 18
facts and of documents. (n) of the Amended Rules on the left.
B. Non-appearance of the defendant and counsel;
Effect thereof; and Remedies:
A. Non-appearance of the plaintiff and counsel; Under the amended rules, and unlike the old one,
Effect thereof; and Remedies: there is no longer such a thing as an order declaring
As mentioned, the rule mandates that both the client the defendant “as in default” for his failure to appear at
and counsel appear at the pre-trial, CAM, and the the pre-trial.
SEC. 5. Effect of failure to
JDR. Failure to so appear in these proceedings
appear.— The failure of the Section. 5. Effect of failure to appear. — When duly
without any justifiable cause will result to the Now, if the defendant is absent at the pre-trial, CAM,
plaintiff to appear when so notified, the failure of the plaintiff and counsel to
dismissal of the case WITH prejudice, akin to an or JDR, the court, instead of declaring him in default,
required pursuant to the next appear without valid cause when so required,
adjudication of merits. will allow the plaintiff to present his evidence ex parte
preceding section shall be pursuant to the next preceding Section, shall cause
within 10 calendar days from termination of the pre-
cause for dismissal of the the dismissal of the action. The dismissal shall be with
Q: What are the remedies when case was trial and the court shall render judgment on the basis
action. The dismissal shall be prejudice, unless otherwise ordered by the court. A
RULE 18, dismissed with prejudice due to failure to appear? of the evidence offered and not just on the basis of
with prejudice, unless similar failure on the part of the defendant and
SEC. 5 A: what is prayed for in the complaint. This is different
otherwise ordered by the court. counsel shall be cause to allow the plaintiff to present
1. File a motion for reconsideration on the from Sec 3 (d), Rule 10, AR, where the defendant is
A similar failure on the part of his or her evidence ex-parte within ten (10) calendar
order dismissing the case (such motion for declared in default due to his failure to file his answer
the defendant shall be cause to days from termination of the pre-trial, and the court to
reconsideration need not be accompanied to the complaint, and that the judgment that may be
allow the plaintiff to present his render judgment on the basis of the evidence offered.
by affidavit of merits) rendered against a party in default “shall neither
evidence ex parte and the court (5a)
exceed the amount or be different in kind from that
to reader judgment on the
2. If the above MR is denied, then the plaintiff prayed for in the appropriate pleading nor award
basis thereof. (2a, R20)
can file an Appeal under Rule 41 of the unliquidated damages.”
Rules of Court, not a petition for certiorari.
Q: May appeal be had from an order allowing plaintiff
to present evidence ex parte?
A: No, such an order is a mere interlocutory one,
hence not appealable as per Sec 1 (c), of Rule 41,
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RoC. The proper recourse instead is for the defendant

to file a motion for reconsideration first (see Villa-Rey
Transit vs. Bello, L-18957, April 23, 1963), then, if
such is denied, a petition for review on certiorari under
Rule 65, RoC would then be proper (Riano, Civil
Procedure, Vol. I, 2016 Edition, page. 428).
SEC. 6. Pre-trial brief.— The
parties shall file with the court
and serve on the adverse
party, in such manner as shall
ensure their receipt thereof at
least three (3) days before the Section 6. Pre-trial brief. — The parties shall file with
date of the pre-trial, their the court and serve on the adverse party, in such
respective pre-trial briefs which manner as shall ensure their receipt thereof at least
shall contain, among others: three (3) calendar days before the date of the pre-
(a) A statement of their trial, their respective pre-trial briefs which shall
willingness to enter into contain, among others:
amicable settlement or
alternative modes of dispute (a) A concise statement of the case and the reliefs
resolution, indicating the prayed for;
desired terms thereof;
(b) A summary of admitted (b) A summary of admitted facts and proposed Section 6, Rule 18 of the Amended Rules enumerates the things that need to be stated in the pre-trial brief.
facts and proposed stipulation stipulation of facts;
of facts; Far more important, Section 6, Rule 18 of the Amended Rules made it clear that the submission by the
(c) The issues to be tried or (c) The main factual and legal issues to be tried or parties of their respective pre-trial briefs is mandatory, and that failure to file the same shall have the same
resolved; resolved; effect as failure to appear the pre-trial, which would merit the imposition of sanctions under the preceding
RULE 18,
(d) The documents or exhibits Section 5, Rule 18 of the Amended Rules.
SEC. 6
to be presented, stating the (d) The propriety of referral of factual issues to
purpose thereof; commissioners; It must be noted that under the above-quoted Section 6, Rule 18 of the Amended Rules, the parties shall file
(e) A manifestation of their with the court and serve on the adverse party their respective pre-trial briefs, in such manner as shall ensure
having availed or their intention (e) The documents or other object evidence to be that the same shall be received by the adverse party at least three (3) calendar days before the scheduled
to avail themselves of marked, stating the purpose thereof; pre-trial.
discovery procedures or
referral to commissioners; and (f) The names of the witnesses, and the summary of
(f) The number and names of their respective testimonies; and
the witnesses, and the
substance of their respective (g) A brief statement of points of law and citation of
testimonies. authorities.
Failure to file the pre-trial brief
shall have the same effect as Failure to file the pre-trial brief shall have the same
failure to appear at the pre-trial. effect as failure to appear at the pre-trial.
(n)
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Section 7. Pre-Trial Order. — Upon termination of the The provision enumerates the things that need to be stated in the pre-trial order to be issued by the court
pre-trial, the court shall issue an order within ten (10) after the pre-trial. Basically, these are the things that are taken up during the pre-trial.
calendar days which shall recite in detail the matters
taken up. The order shall include: 1. Admissions as embodied in the pre-trial order are binding upon the parties and are conclusive upon them
(Heirs of Conahap vs. Regaña, 458 SCRA 741). Where a party is aware of erroneous statements in the pre-
(a) An enumeration of the admitted facts; trial order, he or she must move for its rectification, to which the court would grant the parties at least 10
calendar days from receipt of the pre-trial order within which to review and move for corrections of the pre-trial
(b) The minutes of the pre-trial conference; order. Otherwise, when the parties already actively participated in trial without raising their objection to the
pre-trial order, then, they are bound by the stipulations at the pre-trial which they cannot anymore disown
(c) The legal and factual issue/s to be tried; (Procopio Villanueva, et al. vs. CA G.R. No. 143286, April 14, 2004).
(d) The applicable law, rules, and jurisprudence; 2. The determination of issues at the pre-trial bars the consideration of other issues during the trial and more
so on appeal (see Caltex Philippines vs. Court of Appeals, G.R. No. 97753, August 10, 1992).
SEC. 7. Record of pre-trial.— (e) The evidence marked; Exceptions:
The proceedings in the pre-trial  Issues that may be inferable in the pre-trial order by necessary implication are as much as integral
shall be recorded. Upon the (f) The specific trial dates for continuous trial, parts of it as those that are expressly stipulated therein (Philippine Export and Foreign Loan
termination thereof, the court which shall be within the period provided by the Guarantee Corporation vs. Amalgamated Management and Development Corporation, 658 SCRA
shall issue an order which shall Rules; 273).
recite in detail the matters
taken up in the conference, the (g) The case flowchart to be determined by the court,  Sec. 5, Rule 10, AR: ―When issues not raised by the pleadings are tried with the express or implied
action taken thereon, the which shall contain the different stages of the consent of the parties, they shall be treated in all respects as if they had been raised in the
amendments allowed to the proceedings up to the promulgation of the decision pleadings. No amendment of such pleadings deemed amended is necessary to cause them to
pleadings, and the agreements and the use of time frames for each stage in setting conform to the evidence.‖
RULE 18,
or admissions made by the the trial dates;
SEC. 7
parties as to any of the matters  Sec. 9, Rule 10, AR: “Defenses and objections not pleaded either in a motion to dismiss or in the
considered. Should the action (h) A statement that the one-day examination of answer are deemed waived. However, when it appears from the pleadings or the evidence on record
proceed to trial, the order shall witness rule and most important witness rule under that the court has no jurisdiction over the subject matter, that there is another action pending
explicitly define and limit the A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall between the same parties for the same cause, or that the action is barred by a prior judgment or by
issues to be tried. The contents be strictly followed; and statute of limitations, the court shall dismiss the claim.‖
of the order shall control the
subsequent course of the (i) A statement that the court shall render 3. The One-Day Examination Rule and the Most Important Witness Rule under A.M. No. 03-1-09-SC must be
action, unless modified before judgment on the pleadings or summary judgment, as strictly followed.
trial to prevent manifest the case may be.
injustice. (5a, R20) 4. Pursuant to the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012), the pre-trial order shall
The direct testimony of witnesses for the plaintiff shall likewise state, among others, that the direct testimony of witnesses for the plaintiff shall be in the form of
be in the form of judicial affidavits. After the judicial affidavits, subject, however, to cross-examination by the opposing party which shall proceed
identification of such affidavits, cross-examination immediately.
shall proceed immediately.
5. Should the opposing party fail to appear without valid reason during the presentation testimony of the
Postponement of presentation of the parties’ adverse party’s witness, the presentation of the testimony of the scheduled witness will proceed, and the
witnesses at a scheduled date is prohibited, except if absent party shall be deemed to have waived the right to interpose objection and conduct cross-examination.
it is based on acts of God, force majeure or duly
substantiated physical inability of the witness to 6. Where a pre-trial had already been conducted, a second pre-trial is unnecessary when:
appear and testify. The party who caused the
postponement is warned that the presentation of its i. An amended complaint has been filed where no additional cause of action was introduced and the
evidence must still be terminated within the remaining amount of damages under the original complaint was the same (Pioneer vs. Hontanosas, 78 SCRA
dates previously agreed upon. 448);
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Should the opposing party fail to appear without valid ii. There is no possibility of settlement (Sta. Maria vs. CA, 45 SCRA 596);
cause stated in the next preceding paragraph, the iii. Only legal questions are involved (Trocio vs. Labayo, 53 SCRA 97);
presentation of the scheduled witness will proceed iv. Once a party attends a pre-trial and manifests its opposition to settling the case amicably, said party
with the absent party being deemed to have waived may no longer be compelled to attend a second pre-trial conference (Insurance Company of North
the right to interpose objection and conduct cross- America vs. Republic, 21 SCRA 887);
examination. v. Where the plaintiff was allowed to present evidence ex parte after the defendants failed to appear
during the pre-trial, but the court subsequently set aside its order against the defendants. The lifting
The contents of the pre-trial order shall control the of the order in respect to defendants’ failure to appear during the pre-trial did not revert the action to
subsequent proceedings, unless modified before trial the pre-trial stage or authorize, much less render mandatory, the holding of a second pre-trial. The
to prevent manifest injustice. (7a) court should just proceed with the trial, but allowing the defendants to cross-examine plaintiff’s
witness (DBP vs. CA, G.R. No. L-49410, January 26, 1989).
In situations, however, where the parties voluntarily agreed that the case be set for pre-trial again, and the
court yielded to the agreement, a second pre-trial may thus be had (Young vs. CA, 204 SCRA 584).
Court-Annexed Mediation is a mechanism whereby the parties are directed to appear before a mediator who
is not necessarily a lawyer. The mediator is not allowed to propose to the parties any possible term of
settlement, and his authority is but limited to providing the parties an avenue to talk to each other directly and
explore the possibility of settlement. As for the counsels, they shall not do the talking for their clients during
the court-annexed mediation, as they are there just to advise their clients in respect to the legality of any
proposed settlement and assist them in the drafting of compromise agreement, if any is reached by the
parties. In court-annexed mediation, the parties will be advised by the mediator to refrain from discussing the
Section 8. Court-Annexed Mediation. — After pre-trial and, after issues are joined, the merits of the case.
court shall refer the parties for mandatory court-annexed mediation.
RULE 18,
As stated in the rules, court-annexed mediation is mandatory. It is also part of pre-trial, such that failure of the
SEC. 8
The period for court-annexed mediation shall not exceed thirty (30) calendar days parties to appear therein merits the imposition of sanctions on the part of the absent party (Senarlo vs. Judge
without further extension. (n) Paderanga, 617 SCRA 247). In fact, under the last paragraph of Section 3, Rule 18 of the Amended Rules, it
is provided therein that non-appearance at any of the settings for pre-trial, court-annexed mediation, and
judicial dispute resolution shall merit the same sanctions under Section 5 thereof.
The period of court-annexed mediation shall not exceed thirty (30) calendar days, and no extension is
allowed. And the proceedings therein shall be confidential, as expressly provided under the last paragraph of
Section 9, Rule 18 of the Amended Rules. Verily, any statement, disclosure, or admissions made by the
parties therein cannot be utilized for or against them during the trial of the case.
Section 9. Judicial Dispute Resolution. — Only if the judge of the court to which the Just like the Court-Annexed Mediation, Judicial Dispute Resolution is now formally incorporated in the Rules
case was originally raffled is convinced that settlement is still possible, the case may be of Court. But unlike the referral to the court-annexed mediation, judicial dispute resolution is not mandatory.
referred to another court for judicial dispute resolution. The judicial dispute resolution It may only be had if the judge of the court to which the case was originally raffled is convinced that
shall be conducted within a non-extendible period of fifteen (15) calendar days from settlement is still possible; otherwise, the case may not undergo judicial dispute resolution.
notice of failure of the court-annexed mediation.
RULE 18,
The JDR shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of the
SEC. 9
If judicial dispute resolution fails, trial before the original court shall proceed on the dates failure of the court-annexed mediation, and it is conducted by another judge, and not by the judge of the court
agreed upon. to which the case was originally raffled.
All proceedings during the court-annexed mediation and the judicial dispute resolution Unlike in court-annexed mediation where the mediator would only facilitate the conference or discussion by
shall be confidential. (n) and between the parties, the judge conducting the judicial dispute resolution takes an active role in assisting
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the parties in coming up with a settlement. The judge conducting or officiating the judicial dispute resolution is
even allowed to discuss the merits of the case, but, at the end of the day, the parties cannot be compelled to
settle the case amicably.
The proceedings in the judicial dispute resolution shall be confidential also, such that any statement,
disclosure, or admissions made by the parties therein cannot be utilized for or against them during the trial of
the case.
Judicial dispute resolution, if ordered to be had, is considered part of pre-trial; in fact, under the last
paragraph of Section 3, Rule 18 of the Amended Rules, it is provided therein that non-appearance during the
judicial dispute resolution, if one is ordered conducted, shall merit the imposition of sanctions under Section 5
thereof.
This is a new provision, and it is designed to give more

teeth to the authority of the court under Section 2 (f), Rule
18 of the Amended Rules to determine during the pre-trial
the propriety of rendering judgment on the pleading, or
summary judgment, among others.
Under the afore-quoted provision, the court, if it determines

Section. 10. Judgment after pre-trial. — Should there be no more controverted facts, or during the pre-trial that there is no more controverted facts
no more genuine issue as to any material fact, or an absence of any issue, or should the or no more genuine issues as to any material fact, or an Example
answer fail to tender an issue, the court shall, without prejudice to a party moving for absence of any issue, or where the answer fails to tender If at the pre-trial, the defendant admitted and
judgment on the pleadings under Rule 34 or summary judgment under Rule 35, motu an issue, shall motu proprio include in the pre-trial order stipulated to have obtained a loan from the
proprio include in the pre-trial order that the case be submitted for summary judgment or that the case be submitted for summary judgment or plaintiff but merely asked for time for him to be
RULE 18,
judgment on the pleadings, without need of position papers or memoranda. In such judgment on the pleadings, without need of position paper able to pay, there is no need to reset the pre-
SEC. 10
cases, judgment shall be rendered within ninety (90) calendar days from termination of or memoranda, and this the court can do without prejudice trial. The proper procedure is to issue an order
the pre-trial. to the filing by any of the parties of a formal motion for submitting the case for summary judgment
judgment on the pleadings under Rule 34 or summary (see Jaranilla, Jr. vs. Adil, 88 SCRA 779).
The order of the court to submit the case for judgment pursuant to this Rule shall not be judgment under Rule 35, all of the Amended Rules. Where
the subject to appeal or certiorari. (n) that happens, the court shall render judgment within ninety
(90) calendar days from termination of the pre-trial.
Take note that under the rules, the order of the court to
submit the case for judgment on the pleadings or summary
judgment shall not be subject to appeal or certiorari. Be that
is it may, where a judgment is eventually rendered by the
court, then such judgment may already be appealed from.
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RULE 19-29
For Rules 19-29, please see Atty’s notes.  As can be observed, the amended provisions under Rule 19 through 29, are quite minimal, and majority of which, pertains to the insertion of “her/she” pronouns, and
the replacement of the word “period” to “calendar”. Notwithstanding, I noted some of the amendments beyond the aforementioned additions:
PROVI-
1997 RULES OF CIVIL PROCEDURE 2019 AMENDMENTS COMMENTS
SION
SEC. 6. Service.— Service of a subpoena shall be made in

the same manner as personal or substituted service of Section 6. Service. — Service of a subpoena shall be The amended rule deleted the provision on tendering to the person
summons. The original shall be exhibited and a copy thereof made in the same manner as personal or substituted subpoenaed the fees for one day's attendance and the kilometrage
delivered to the person on whom it is served, tendering to him service of summons. The original shall be exhibited and a allowed by these Rules, and the exception thereto that when a
the fees for one day’s attendance and the kilometrage allowed copy thereof delivered to the person on whom it is served. subpoena is issued by or on behalf of the by or on behalf of the, in
RULE 21, by these Rules, except that, when a subpoena is issued by or The service must be made so as to allow the witness a which case the tender need not be made. The amended provision also
SEC. 6 on behalf of the Republic of the Philippines or an officer or reasonable time for preparation and travel to the place of deleted the provision on tender of reasonable cost of producing the
agency thereof, the tender need not be made. The service attendance. books, docs, or things demanded in a subpoena duces tecum. In place
must be made so as to allow the witness a reasonable time for of the deleted provisions, the amended ruels provide that the costs for
preparation and travel to the place of attendance. If the Costs for court attendance and the production of court attendance and production of documents and other materials
subpoena is duces tecum, the reasonable cost of producing documents and other materials subject of the subpoena subject of the subpoena shall be tendered or charged accordingly.(
the books, documents or things demanded shall also be shall be tendered or charged accordingly.(6a)
tendered. (6a, R23)
SECTION 1. Depositions pending action, when may be

Section 1. Depositions pending action, when may be
taken.— By leave of court after jurisdiction has been obtained
taken. — Upon ex parte motion of a party, the testimony
over any defendant or over property which is the subject of the The amended rule deleted the provision on taking deposition with leave
of any person, whether a party or not, may be taken by
action, or without such leave after an answer has been served, of court after jurisdiction has been obtained over any defendant or over
deposition upon oral examination or written
the testimony of any person, whether a party or mot, may be property which is the subject of the action, or without such leave after an
RULE 23, interrogatories. The attendance of witnesses may be
taken, at the instance of any party, by deposition upon oral answer has been served, and the same was just changed upon ex parte
Sec. 1 compelled by the use of a subpoena as provided in Rule
examination or written interrogatories. The attendance of motion of a party. By stating that the deposition may be had upon ex
21. Depositions shall be taken only in accordance with
witnesses may be compelled by the use of a subpoena as party motion of a party then the provision “at the instance of any party”
these Rules. The deposition of a person confined in prison
provided in Rule 21. Depositions shall be taken only in should necessarily be deleted, for being redundant.
may be taken only by leave of court on such terms as the
accordance with these Rules. The deposition of a person
court prescribes.
confined in prison may be taken 4 only by leave of court on
such terms as the court prescribes. (1a, R24)
Section 1. Interrogatories to parties; service thereof. —
SECTION 1. Interrogatories to parties; service thereof.— The old Section 1, Rule 25 referred to Section 1, Rule 23 With the
Upon ex parte motion, any party desiring to elicit material
Under the same conditions specified in section 1 of Rule 23, amendment of x Section 1, Rule 23, which deleted the provision on
and relevant facts from any adverse parties shall file and
any party desiring to elicit material and relevant facts from any taking deposition with leave of court after jurisdiction has been obtained
RULE 25, serve upon the latter written interrogatories to be
adverse parties shall file and serve upon the latter written over any defendant or over property which is the subject of the action, or
Sec. 1 answered by the party served or, if the party served is a
interrogatories to be answered by the party served or, if the without such leave after an answer has been served, written
public or private corporation or a partnership or
party served is a public or private corporation or a partnership interrogatories may now be availed of upon ex parte motion of any
association, by any officer thereof competent to testify in
or association, by any officer thereof competent to testify in its party.
its behalf. (1a
behalf. (1a)
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RULE 30
TRIAL
SION PROCEDURE
Section 1. Schedule of trial. — The parties shall strictly It may not be amiss to state that there are
observe the scheduled hearings as agreed upon and This provision is entirely new. And as culled therefrom, it sets instances, however, wherein a civil case
set forth in the pre-trial order. the maximum period within which the hearings or trial shall be may be adjudicated even without a trial,
conducted, as well as the time frame within which the parties thus:
(a) The schedule of the trial dates, for both plaintiff shall present their respective evidence.
and defendant, shall be continuous and within the 1. Where the complaint is dismissed
following periods: A hearing does not necessarily mean the presentation of with prejudice, or when the
evidence. It does not imply the presentation of oral or dismissal of the case has the effect
i. The initial presentation of plaintiff’s evidence documentary evidence in open court but that the parties are of an adjudication on the merits
shall be set not later than thirty (30) calendar days after afforded the opportunity to be heard. Trial, on the other hand, (Section 3, Rule 17 of the Amended
the termination of the pre-trial conference. Plaintiff shall refers to the reception of evidence and other processes. Rules; or
be allowed to present its evidence within a period of 2. Where there is a violation of the
three (3) months or ninety (90) calendar days which Presentation of evidence of all parties: proscription against forum-shopping
shall include the date of the judicial dispute resolution, if  If with third (fourth, etc.)-party claims, counterclaims, under the last paragraph of Section
necessary; or cross-claims.= maximum period of 10 months or 5, Rule 7 of the Amended Rules);
300 calendar days
ii. The initial presentation of defendant’s evidence  If NO third (fourth, etc.)-party claims, counterclaims, 3. Where the parties have entered into
SECTION 1. Notice of
shall be set not later than thirty (30) calendar days after or cross-claims= presentation of evidence of all a compromise agreement or an
trial.— Upon entry of a case
the court’s ruling on plaintiff’s formal offer of evidence. parties shall be terminated within a period of six (6) amicable settlement of the case
in the trial calendar, the clerk
The defendant shall be allowed to present its evidence months or one hundred eighty (180) calendar days either during the pre-trial or while
shall notify the parties of the
within a period of three (3) months or ninety (90) the trial is in progress (Rule 18 of
RULE 30, date of its trial in such
calendar days; These periods shall be reckoned from the initial presentation the Amended Rules; Article 2028,
SEC. 1 manner as shall ensure his
of plaintiff’s evidence. And within these periods, the parties Civil Code of the Philippines);
receipt of that notice at least
iii. The period for the presentation of evidence on the shall present their respective evidence within the following
five (5) days before such
third (fourth, etc.) -party claim, counterclaim or cross- time frame: 4. Where the parties agree, in writing,
date. (2a, R22)
claim shall be determined by the court, the total of which upon the facts involved in the
shall in no case exceed ninety (90) calendar days; and litigation, and submit the case for
i. The initial presentation of plaintiff’s evidence shall judgment on the facts agreed upon,
iv. If deemed necessary, the court shall set the be set not later than thirty (30) calendar days after the without the introduction of evidence
presentation of the parties’ respective rebuttal evidence, termination of the pre-trial conference. Plaintiff shall (Section 7, Rule 30 of the Amended
which shall be completed within a period of thirty (30) be allowed to present its evidence within a period of Rules);
calendar days. three (3) months or ninety (90) calendar days which
shall include the date of the judicial dispute resolution, 5. Where the pleadings of the parties
(b) The trial dates may be shortened depending on the if necessary; tender no issue at all, such that a
number of witnesses to be presented, provided that the judgment on the pleadings may be
presentation of evidence of all parties shall be ii. The initial presentation of defendant’s evidence directed by the court (Rule 34 of the
terminated within a period of ten (10) months or three shall be set not later than thirty (30) calendar days Amended Rules);
hundred (300) calendar days. If there are no third after the court’s ruling on plaintiff’s formal offer of
(fourth, etc.)-party claim, counterclaim or cross-claim, evidence. The defendant shall be allowed to present 6. Where from the pleadings,
the presentation of evidence shall be terminated within its evidence within a period of three (3) months or affidavits, depositions and other
a period of six (6) months or one hundred eighty (180) ninety (90) calendar days; papers, there is actually no genuine
calendar days. issue, the court may render
iii. The period for the presentation of evidence summary judgment (Rule 35 of the
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(c) The court shall decide and serve copies of its on the third (fourth, etc.) -party claim, counterclaim or Amended Rules);
decision to the parties within a period not exceeding cross-claim shall be determined by the court, the total
ninety (90) calendar days from the submission of the of which shall in no case exceed ninety (90) calendar 7. Where the case falls under the
case for resolution, with or without memoranda. (n) days; and operation of the Rules of Summary
Procedure, wherein the case would
iv. If deemed necessary, the court shall set the just be decided on the basis of the
presentation of the parties’ respective rebuttal position papers of the parties, and
evidence, which shall be completed within a period of the evidence and affidavits
thirty (30) calendar days. attached thereto.
Thereafter, the court shall decide the case, within a period not
exceeding nine (90) calendar days from the submission of the
case for resolution, with or without memoranda.
Q: If the proceedings go beyond the maximum periods

provided above, would it render null said proceedings?
A: No, such proceeding beyond the maximum periods is still
valid and any decision that the court may eventually render in
the case is still valid and binding, albeit without prejudice to
whatever administrative sanctions that may be imposed on the
presiding judge concerned, if the delay in the termination of
the case is unjustified
SEC. 2. Adjournments and

postponements.— A court It is in line with the above-quoted provision of Section 2, Rule 30, which prohibits the adjournment of a trial for
Section 2. Adjournments and postponements. — A
may adjourn a trial from day a longer period than one month for each adjournment, nor more than three months in all, except when
court may adjourn a trial from day to day, and to any
to day, and to any stated authorized in writing by the Court Administrator, Supreme Court.
stated time, as the expeditious and convenient
time as the expeditious and
transaction of business may require, but shall have no
convenient transaction of The second paragraph provides that motion for postponement is a prohibited motion if it is solely intended for
power to adjourn a trial for a longer period than one
business may require, but delay, but where the reason is cogent or compelling, the same may be granted by the court, especially if the
month for each adjournment, nor more than three
RULE 30, shall have no power to ground thereof is force majeure, or physical inability of the witness to appear and testify; however, the moving
months in all, except when authorized in writing by the
SEC. 2 adjourn a trial for a longer party shall be warned that the presentation of its evidence must still be terminated on the dates previously
Court Administrator, Supreme Court.
period than one month for agreed upon.
each adjournment, nor more
The party who caused the postponement is warned that
than three months in all, Where the continuance or re-setting of trial is, however, upon the instance of the court – e.g., the judge is on
the presentation of its evidence must still be terminated
except when authorized in sick leave or vacation leave – then, the trial settings shall be adjusted accordingly, thereby giving the parties
on the remaining dates previously agreed upon. (2a)
writing by the Court the same number of trial dates for the presentation of their respective evidence as, thus, fixed in the pre-trial
Administrator, Supreme order.
Court. (3a, R22)
--- DELETED Section 3. Requisites of motion to postpone trial for A motion for postponement or resetting for trial may be Under the Amended Rules, motion for
SEC. 3. Requisites of motion illness of party or counsel. — A motion to postpone a allowed if based on the illness of a party or counsel. But for postponement may, therefore, be allowed if
to postpone trial for absence trial on the ground of illness of a party or counsel may such postponement to be granted the following requirements the same is based on any or all the following
RULE 30,
of evidence.— A motion to be granted if it appears upon affidavit or sworn should be complied with: grounds:
SEC. 3
postpone a trial on the certification that the presence of such party or counsel
ground of absence of at the trial is indispensable and that the character of his A. A motion for postponement must be filed; 1. The illness of the party or
evidence can be granted only or her illness is such as to render his or her non- B. The motion for postponement must be supported by counsel; or
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upon affidavit showing the attendance excusable. (4a) an affidavit or sworn medical certification showing 2. Acts of God, force majeure
materiality or relevancy of that: (Section 7, Rule 18 of the
such evidence, and that due (1) the presence of the party or counsel at the Amended Rules, and Section
diligence has been used to trial is indispensable, and 12 (f), Rule 15 of the Amended
procure it. But if the adverse (2) that the character of his illness is such as to Rules)
party admits the facts to be render his non-attendance excusable; 3. Physical inability of the witness
given in evidence, even if he to appear and testify (e.g.,
objects or reserves the right C. Such motion for postponement, whether written or oral, travel restrictions due to ECQ).
to their admissibility, the trial shall, at all times, be accompanied by the original official
shall not be postponed. (4a, receipt from the office of the clerk of court evidencing A motion for postponement is not a matter
R22) payment of the postponement fee under Section 21(b), of right, but is addressed to the sound
Rule 141, to be submitted either at the time of the filing of discretion of the court, and its action thereon
said motion or not later than the next hearing date. will not be disturbed by appellate courts in
the absence of clear and manifest abuse of
discretion resulting in a denial of substantial
justice.
--- DELETED
SEC. 4. Requisites of motion
to postpone trial for illness of
party or counsel. — A motion Section 4. Hearing days and calendar call. — Trial shall
to postpone a trial on the be held from Monday to Thursday, and courts shall call This is entirely a new provision.
ground of illness of a party or the cases at exactly 8:30 a.m. and 2:00 p.m., pursuant
counsel may be granted if it to Administrative Circular No. 3-99. Hearing on motions As stated in the rules, Friday is designated as the motion day, during which litigious motions may be heard, at
RULE 30, appears upon affidavit or shall be held on Fridays, pursuant to Section 8, Rule 15. the discretion of the court (Section 8, Rule 15 of the Amended Rules).
SEC. 4 sworn certification that the
presence of such party or All courts shall ensure the posting of their court Cases to be heard in the morning shall start exactly at 8:30 a.m., while cases to be heard in afternoon shall
counsel at the trial is calendars outside their courtrooms at least one (1) day start at exactly 2:00 p.m.. But do take note that it is possible for a case to be heard both in the morning and in
indispensable and that the before the scheduled hearings, pursuant to OCA the afternoon of the same date, especially in criminal cases.
character of his illness is Circular No. 250-2015. (n)
such as to render his non-
attendance excusable. (5a,
R22)
Section 5. Order of trial. — Subject to the provisions of Section 2 of Rule 31, and unless This self-explanatory provision that has not been Cont’d…
the court for special reasons otherwise directs, the trial shall be limited to the issues amended. But just the same, it’s wise to add: The sequence of trial on your left may be changed in
stated in the pre-trial order and shall proceed as follows: the ff instances:
1. When it comes to testimonial evidence for any of
(a) The plaintiff shall adduce evidence in support of his or her complaint; the party-disputants, A.M. No. 12-8-8-SC, effective 1. If the Court orders a separate trial of any claim,
RULE 30, January 1, 2013, provides that the direct testimonies cross-claim, etc. pursuant to Section 2, Rule 31 of the
SEC. 5 (b) The defendant shall then adduce evidence in support of his or her defense, of the parties and/or witnesses shall now be in the Amended Rules;
counterclaim, cross-claim and third-party complaint; form of judicial affidavits, subject to cross-
examination, which is also similarly required under 2. Where the defendant in the action admitted the
(c) The third-party defendant, if any, shall adduce evidence of his or her defense, now Sec. 7, Rule 18 of the Amended Rules. obligation stated in the complaint but put up special
counterclaim, cross-claim and fourth-party complaint; Thereafter, said judicial affidavits are to be attached affirmative defenses, the plaintiff has every right to
to the pertinent pleadings, pursuant to Section 6 (b), insist that it was for the defendant to come forward
(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts Rule 7 of the Amended Rules. first and present evidence of support of his special
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pleaded by them; defense.
(e) The parties against whom any counterclaim or cross-claim has been pleaded, 2. As for rebuttal evidence, as a general rule, after 3. Where the court utilized a “hot tub” method in its
shall adduce evidence in support of their defense, in the order to be prescribed by the parties have already produced or adduced their hearings.
the court; respective direct proofs or evidence in chief, they
are allowed to offer rebutting evidence ONLY, and In a “hot tub hearing,” the judge can hear all the
(f) The parties may then respectively adduce rebutting evidence only, unless the are not allowed to present any evidence that they experts discussing the same issue at the same time to
court, for good reasons and in the furtherance of justice, permits them to adduce could’ve presented during presentation of their explain each of their points in a discussion with a
evidence upon their original case; and evidence in chief. However, under this provision, professional colleague. The objective is to achieve
Sec 5(f), Rule 30, of the AR, it provides that the greater efficiency and expedition, by reduced
(g) Upon admission of the evidence, the case shall be deemed submitted for court, for good reasons and in furtherance of justice, emphasis on cross-examination and increased
decision, unless the court directs the parties to argue or to submit their respective may permit them to offer evidence upon their emphasis on professional dialogue, and swifter
memoranda or any further pleadings. original case, and its ruling will not be disturbed in
identification of the critical areas of disagreement
the appellate court where no abuse of discretion
between the experts (International Service for the
If several defendants or third-party defendants, and so forth, having separate defenses appears.
appear by different counsel, the court shall determine the relative order of presentation Acquisition of the Agri-Biotech Applications, Inc. vs.
of their evidence.(5a) Thus, at the rebuttal stage, the parties may present Greenpeace Southeast Asia [Philippines, G.R. No.
additional evidence in chief under the following 209271, December 8, 2015)
instances:
4. Where the court has conducted a face-to-face* trial
1.) When it is newly discovered; or alternate** trial, as applied in the designated Pilot
Courts hearing cases for nullity of marriage or intra-
2.) When the evidence was omitted through corporate cases, among others, pursuant to A.M. No.
inadvertence or mistake; 14-03-02-SC.
3.) When the purpose is to correct evidence Under Section 5(g), Rule 30 of the Amended Rules,
previously offered (Lopez v s. Liboro, 81 Phil. 429); upon admission of all the evidence for the parties, the
case shall be deemed submitted for decision, unless
4.) When the additional evidence offered is material the court directs the parties to argue or to submit their
and not merely cumulative or impeaching (64 C.J. respective memoranda or any further pleadings
160-163).
Both old and new rules provide that the offer of the testimony of a witness in evidence must be made at the
time that the witness is made to testify, such that any objection thereto will have to be done verbally and the
court will also rule on it orally.
Section 6. Oral offer of exhibits. — The offer of
--- DELETED
RULE 30, evidence, the comment or objection thereto, and the The previous and present rules differ, however, with respect to the offer of, objections to, and ruling on,
SEC. 6. Agreed statement of
SEC. 6 court ruling shall be made orally in accordance with documentary and object evidence. Under the previous rules, the court may allow a party to formally offer his
facts xxx
Sections 34 to 40 of Rule 132. (n) or her documentary and/or object evidence in writing. Under the present rules, however, the offer of all kinds
evidence – testimonial evidence, documentary evidence, and/or object evidence – shall now be done orally,
in the same way that the comments or objections thereto shall be done orally, as well as the ruling of the court
thereon.
--- DELETED Section 7. Agreed statement of facts. — The parties to The afore-quoted Section 7, Rule 30 of the Rules of Court, reinforces the pre-trial, in that this provision allows
RULE 30,
Section 7. Statement of any action may agree, in writing, upon the facts involved the parties to enter into stipulations of facts even if the case is already on the trial stage. And if the facts
SEC. 7
judge. — Deleted in the litigation, and submit the case for judgment on the stipulated upon by the parties are the “be-all and end-all” of the case, then the court is authorized to forthwith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
facts agreed upon, without the introduction of evidence. render a decision in the case without need of introduction of evidence.
Amended Sec. 7 may be
compared with the old Sec. 6 If the parties agree only on some of the facts in issue, If, however, the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts
of the old rules. the trial shall be held as to the disputed facts in such in such order as the court shall prescribe.
order as the court shall prescribe. (6)
SEC. 6. Agreed statement of
facts.— The parties to any Example:
action may agree, in writing, Waldi filed a case against Otaner for collection of unpaid loan. Waldi attached a copy of the promissory note
upon the facts involved in the to the complaint. In his answer, however, Otaner denied under oath the due execution of the promissory note,
litigation, and submit the alleging that, to the best of his recollection, he had not executed any such promissory note. In the alternative,
case for judgment on the Otaner posited, in his answer, that assuming for the nonce that he was obligated to Waldi, the action that the
latter had filed is already barred by prescription of action.
facts agreed upon, without
the introduction of evidence.
At the pre-trial, Otaner, consistent with his answer, refused to stipulate on the due execution and authenticity
If the parties agree only on of the promissory note. At the start of the trial, Waldi called to the witness stand, as his expert witness, the
some of the facts in issue, document examiner who examined the subject promissory note and who concluded that the signature
appearing therein is Otaner’s. After the document examiner was sworn in but before he could start with his
the trial shall be held as to
testimony on direct examination, Otaner, however, promptly proposed to stipulate not just on the qualifications
the disputed facts hi such of such expert witness but also on the veracity and correctness of his finding, as Otaner did not want that his
order as the court shall lame denial be exposed in open court.
prescribe. (2a, R30)
Where the parties made such stipulation and in writing, and where there is no other factual issues to be
resolved, then the court may already render decision in the case, as the only issue that remains – that is,
prescription of action – can easily be determined and resolved based on what appeared in the promissory
notes vis-a- vis the date of the filing of the action.
On suspension of actions, Article 2030 of the Civil Code, among others, has this to provide:
Art. 2030. Every civil action or proceeding shall be suspended:

(1) If willingness to discuss a possible compromise is expressed by one or both parties; or
SEC. 8. Suspension of (2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to
actions.— The suspension of Section 8. Suspension of actions. — The suspension of discuss a possible compromise but the other party refused the offer.
RULE 30,
actions shall be governed by actions shall be governed by the provisions of the Civil
SEC. 8
the provisions of the Civil Code and other laws. The duration and terms of the suspension of the civil action or proceeding and similar matters shall be
Code. (n) governed by such provisions of the rules of court as the Supreme Court shall promulgate. Said rules of court
shall likewise provide for the appointment and duties of amicable compounders.
Where any of the foregoing circumstances is present, the court may then allow the suspension of the civil
action.
SEC. 9. Judge to receive Section 9. Judge to receive evidence; delegation to The general rule is that the presentation and reception of evidence shall be done before the presiding judge.
evidence; delegation to clerk clerk of court. — The judge of the court where the case By way of exception to the general, however, the court may delegate the reception of evidence to its clerk of
of court.— The judge of the is pending shall personally receive the evidence to be court, under any of the following instances:
RULE 30,
court where the case is adduced by the parties. However, in default or ex parte
SEC. 9
pending shall personally hearings, and in any case where the parties agree in 1. Where the defendant has been validly declared in default; or
receive the evidence to be writing, the court may delegate the reception of 2. Ex-parte hearings (e.g., in petition for reconstitution of lost title where there is no opposition); or
adduced by the parties. evidence to its clerk of court who is a member of the 3. Where the parties agreed in writing.
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However, in default or ex bar. The clerk of court shall have no power to rule on
parte hearings, and in any objections to any question or to the admission of It is imperative, however, that the clerk of court who may be authorized by the court to receive evidence for
case where the parties agree exhibits, which objections shall be resolved by the court the party or parties must be a member of the bar – he or she must be a lawyer. On this score, take note that
in writing, the court may upon submission of his or her report and the transcripts clerks of court of MTCs need not be lawyers, but clerks of court of RTCs must be lawyers.
delegate the reception of within ten (10) calendar days from termination of the
evidence to its clerk of court hearing. (9a) Another important thing is that even where the court has delegated to the clerk of court the reception of
who is a member of the bar. evidence, the clerk of court has no power to rule on objections to any question or to the admission of exhibits,
The clerk of court shall have if any (unlike a commissioner under Rule 32 of the Amended Rules), and the clerk of court must submit his or
no power to rule on her report and transcripts of the proceedings to the judge within ten calendar days from the termination of the
objections to any question or hearing.
to the admission of exhibits,
which objections shall be
resolved by the court upon
submission of his report and
the transcripts within ten (10)
days from termination of the
hearing. (n)
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RULE 33
DEMURRER TO EVIDENCE
1997 RULES OF CIVIL
PROCEDURE
Section 1. Demurrer to evidence. — After the plaintiff has completed the
presentation of his or her evidence, the defendant may move for dismissal on
the ground that upon the facts and the law the plaintiff has shown no right to
RULE 33, relief. If his or her motion is denied, he or she shall have the right to present
SEC. 1 evidence. If the motion is granted but on appeal the order of dismissal is
reversed, he or she shall be deemed to have waived the right to present Ordinarily, and in consonance with the provisions of Section 5 (a) and (b), Rule 30 of the Amended Rules, after
evidence. (1a) the plaintiff had presented and offered his or her evidence in chief, and after the plaintiff rested his or her case
following the admission of his or her evidence in chief, the defendant shall adduce evidence in support of his or
SEC. 2. Adjournments her defense, among others. If the defendant, however, is of the considered view that the plaintiff has failed to
and postponements.— A discharge the burden of proving his case by preponderant evidenceor that, upon the facts and the law presented,
court may adjourn a trial the plaintiff has shown no right to relief, then the defendant may, instead of presenting his or her countervailing
from day to day, and to evidence, file a demurrer to evidence, thereby asking that the case be dismissed for insufficiency of evidence.
any stated time as the Section 2. Action on demurrer to evidence. — A
expeditious and demurrer to evidence shall be subject to the Demurrer to evidence, therefore, is an objection by one of the parties to the action, to the effect that the evidence
convenient transaction of provisions of Rule 15. that were presented by the plaintiff is insufficient to make out a case or sustain the issue.
business may require, but
shall have no power to The order denying the demurrer to evidence Demurrer to evidence is akin to a motion to dismiss under Section 12 (a), Rule 15 of the Amended Rules, as
adjourn a trial for a longer shall not be subject of an appeal or petition for both may bring about the dismissal of the case without the defendant having to present his or her own evidence.
period than one month for certiorari, prohibition or mandamus before But they differ significantly in the following respects:
each adjournment, nor judgment. (n)
more than three months
RULE 33, in all, except when
SEC. 2 authorized in writing by
the Court Administrator,
Supreme Court. (3a, R22)
Motion to Dismiss [Sec. 12 (a), Rule 15]

Demurrer to Evidence [Rule 33]
1. Motion to Dismiss is usually filed before the filing of 1. Demurrer to Evidence is filed after the
the answer; plaintiff had already presented his or
her evidence in chief and rested his or
her case;
2. There are four (4) grounds for filing a motion to 2. Demurrer to Evidence is anchored only
dismiss as, thus, specified under Section 12 (a), Rule on insufficiency of evidence;
15;
3. If a motion to Dismiss is denied, the defendant may 3. If the Demurrer to Evidence is denied,
file his answer; the defendant may present his or her
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
evidence;
4. If the Motion to Dismiss is granted on the ground of 4. If the Demurrer to Evidence is granted,
lack of jurisdiction over the subject matter and/or litis the remedy of the plaintiff is to appeal
pendentia, the case may be refiled. from the dismissal of the case.
A demurrer to evidence is considered a litigious motion. As such, it must be in writing [see Section 2, Rule 15 of
the Amended Rules], with a copy whereof served upon the plaintiff [see Section 5 (a), Rule 15 of the Amended
Rules]. It is then incumbent upon the plaintiff to file his or her opposition thereto within five (5) days from receipt
thereof [see Section 5 (c), Rule 15 of the Amended Rules] without need for an order of the court towards that
end, and, it is discretionary upon the court whether or not to call a hearing on the demurrer to evidence [see
Section 6, Rule 15 of the Amended Rules].
Where demurrer to evidence is denied:

Where the demurrer to evidence is granted:
Where the demurrer to evidence is granted, the case

shall be dismissed.
The order granting the demurrer to evidence and, thus,

If the demurrer to evidence is denied, the defendant
dismissing the case, amounts to an adjudication on the
shall have the right to present his or her evidence
(Section 1, Rule 33 of the Amended Rules); Where merits; hence, it should comply with the requirement
the court denies the demurrer to evidence, it shall under Section 1, Rule 36 of the Rules of Civil Procedure,
set the date for the reception of the defendant’s to the end that it should state clearly and distinctly the
evidence in chief. It should not proceed to grant the facts and the law on which it is based.
relief demanded by the plaintiff.
Where the demurrer to evidence is granted andthe case
The order denying the demurrer to evidence shall is, thus, dismissed, the plaintiff may file an appeal from
not be subject of an appeal or petition for certiorari, the order dismissing his or her case;
prohibition or mandamus before the judgment
(Section 2, Rule 33 of the Amended Rules). If, on appeal, the order granting the demurrer to evidence
is reversed, the defendant loses his or her right to present
The order denying the demurrer to evidence, being evidence in the case. If, on appeal, the appellate court
interlocutory in nature, need not comply with Section reverses the order granting the demurrer to evidence, the
1, Rule 36 of the Rules of Civil Procedure, which appellate court, far from remanding the case to the trial
requires that it shall distinctly and clearly state the court for further proceedings, should render judgment on
facts and the law on which it is based. the basis of the evidence submitted by the plaintiff.
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Demurrer to Evidence in Civil Cases Demurrer to Evidence in Criminal Cases
(Rule 33) (Sec. 23, Rule 119)
1. Demurrer to evidence may be filed with or

1. Leave of court is not required for filing
without leave of court, but it is preferable to file it
demurrer to evidence;
with prior leave of court;
2. If the demurrer to evidence is granted and the

case is, thus, dismissed, the prosecution, as a
2. If the demurrer to evidence is granted and
general rule, cannot appeal from such order of
the case is, thus, dismissed, the order
dismissal because of the constitutional
dismissing the case is appealable;
proscription against placing the accused in
double jeopardy;
3. If leave of court had been obtained prior to the

filing of the demurrer to evidence and the
3. If the demurrer to evidence is denied, the demurrer is denied, the accused may still adduce
defendant shall have the right to present his his or her evidence; otherwise, if the demurrer to
or her evidence; evidence was filed without prior leave of court,
accused cannot anymore present his or her
evidence after the denial thereof;
4. The court can motu proprio dismiss the case for

4. The court cannot, on its own, make a
insufficiency of evidence.
demurrer to evidence.
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RULE 34
JUDGMENT ON THE PLEADINGS
SION PROCEDURE
Section 1. Judgment on the pleadings. – Where an answer fails to tender an

issue, or otherwise admits the material allegations of the adverse party’s
Judgment on the pleadings is a procedural device or remedy by which the courts can expeditiously resolve a civil
RULE 34, pleading, the court may, on motion of that party, direct judgment on such
SEC. 1 pleading. However, in actions for declaration of nullity or annulment of marriage action without need of conducting a trial.
or for legal separation, the material facts alleged in the complaint shall always be
proved. (1)
Under Rule 34 of the Amended Rules, judgment on the Randi filed an action for collection of sum of
pleadings may be had in the following instances: money against Waldi. Randi attached to the
complaint the promissory note purportedly signed
I. When the answer fails to tender an issue by Waldi. In his answer, Waldi simply denied
II. When the answer admits the material allegations of having secured a loan from Randi and averred that
the adverse party’s pleading the signature appearing in the promissory note is
Section 2. Action on motion for judgment on the not his – and that is his only defense– but his
pleadings. — The court may motu proprio or on I. When the answer fails to tender an issue: answer containing such denial is not verified or
motion render judgment on the pleadings if it is under oath.
apparent that the answer fails to tender an issue, An answer fails to tender an issue:
or otherwise admits the material allegations of
the adverse party’s pleadings. Otherwise, the 1. If it does not comply with the requirements in Section Q: Can Randi move that the court render
RULE 34, There is no Sec. 2 under the 8, Rule 8 of the Amended Rules, that rule which
motion shall be subject to the provisions of Rule judgment on the pleadings?
SEC. 2 old rule. provides that in part, that “when an action or defense
15 of these Rules.
is founded upon a written instrument or document, or A: Yes. Inasmuch as the only issue in the
Any action of the court on a motion for judgment attached to the corresponding pleading as provided in case is whether or not Waldi contracted a loan
on the pleadings shall not be subject of an the preceding section, the genuineness and due from Randi and considering that Waldi, in his
appeal or petition for certiorari, prohibition or execution of the instruments shall be deemed answer, failed to make denial under oath, he is
mandamus. (n) admitted unless the adverse party, under oath thereby deemed to have admitted due execution of
specifically denies them, and set forth what he or she the promissory note appended to the complaint;
claims to be the facts xxx”(GSIS vs. Prudential hence, judgment on the pleadings is proper.
Guarantee and Assurance, Inc., G.R. No. 165585,
November 20, 2013);
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2. An answer fails to tender an issue if it does not

comply with the requirements in making a specific
denial pursuant to Section 10, Rule 8 of the Amended Example of a negative pregnant:
Rules, which provides that “(a) defendant must
specify each material allegation of fact the truth of The complaint alleges that “the defendant acted
which he or she does not admit and, whenever surreptitiously and maliciously entered into, and
practicable, shall set forth the substance of the actually occupied, plaintiff’s property.”
matters upon which he or she relies to support his or
her denial. Where a defendant desires to deny only a In the answer, defendant simply averred that “the
part of an averment, he or she shall specify so much foregoing allegation is specifically denied, in that is
of it as is true and material and shall deny only the it never true that defendant surreptitiously and
remainder. Where a defendant is without knowledge maliciously entered into, and occupied, plaintiff’s
or information sufficient to form a belief as to the truth property” – and that is all.
of a material averment made to the complaint, he or
she shall so state, and this shall have the effect of a The foregoing allegation in the answer is a
denial, ”or where the answer is, in effect, a negative NEGATIVE PREGNANT because, in effect, the
pregnant. defendant impliedly admitted having entered and
occupied plaintiff’s property, only that it was not,
One way of making a special denial is that the defendant must according to him, done surreptitiously and
specify each material allegation of fact, the truth of which he maliciously. He merely denied the qualifying words
does not admit and whenever practicable shall set forth the describing the manner of his entry to the litigated
substance of the matters which he will rely upon to support the property. It would have been different if the
denial or which he claims to be the truth of the matter; hence, defendant categorically stated to that “he never
if, for instance, the defendant, in his answer, merely asserts actually entered and occupied plaintiff’s property,
that he “vehemently and specifically denies the allegations in in any manner and under any circumstances,” or
paragraph 1, 2, 3, 4, 5, 6, etc., in the complaint” but he does words of similar import.
not state the alleged truth of the matter, then such denial is a
NEGATIVE PREGNANT and may, thus, warrant a judgment
on the pleading.
Example:
Randi filed an action for collection of sum of

money against Waldi. Randi attached to the
by Waldi. In his answer, Waldi simply kept mum
about his alleged monetary loan owing to Randi –
3. An answer fails to tender an issue if it omits to deal
i.e., Waldi did not admit or deny his obligation to
with the material allegations in the complaint at all.
Randi – as Waldi simplyinterposed the defense, by
way of affirmative defense, that the case is
dismissible for improper venue.
Q: Can Randi move that the court render judgment

on the pleadings?
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A: Yes. Clearly, the answer does not tender an

issue. The defense that the venue of the case is
improperly laid involved a matter that is extrinsic to
the merits of the plaintiff’s claim and, thus, did not
negate the material averments of the complaint.
II. When the answer admits the material allegations of the

adverse party’s pleading:
Example:
The judgment on the pleading presupposes that an answer
has been filed, only that the answer of the defending party fails
Randi filed an action for collection of sum of
to tender an issue, or otherwise admits the material allegations
money against Waldi. Randi attached to the
of the adverse party; otherwise, if no answer has been filed at
all, the proper remedy is not judgment on the pleadings, but
by Waldi. In his answer, admitted the genuineness
default pursuant to Section 3, Rule 9 of the Amended Rules.
and due execution of the promissory note and the
existence of his unpaid obligation owing to Randi,
Under Section 1 Rule 34, both of the old rules and the
but Waldi posited that he is willing to pay his
Amended Rules, judgment on the pleadings may be had upon
unpaid load whenever his means would permit.
motion of the plaintiff, but under now Section 2, Rule 34 of the
Amended Rules, the court canmotu proprio render a judgment
Q: Can Randi move that the court render judgment
on the pleadings.
on the pleadings?
Verily, the rule, as it now stands, is that judgment on the
pleadings may be rendered by the court either (i) motu proprio A: Yes, inasmuch as the answer admits the
or (ii)on motion of the plaintiff or the claimant. material allegations of the complaint.
Where the plaintiff or claimant files a motion for judgment on the pleadings on the ground that the answer of the
defending party fails to tender an issue, or otherwise admits the material allegations of the adverse party, the filing of
such motion would have the following effects:
I. The plaintiff, by moving for judgment on the pleadings, is deemed to have admitted all the material and
relevant allegation of the opposing party, and to rest his motion for judgment on those allegations taken
together with such of his or her own as are admitted in the pleading, but the plaintiff is not deemed to have
admitted irrelevant allegations of defendant’s answer. The judgment is, therefore, based exclusively upon the
allegations appearing in the pleadings of the parties and the annexes thereto, if any, without consideration of
any evidence aliunde or extrinsic evidence.
II. When the plaintiff moves for judgment on the pleadings, and defendants interpose no objection thereto,
the latter is deemed to have admitted the truth of the allegations of the complaint, so that there is no longer
necessity of the plaintiff to submit evidence of his claim. This principle all the more holds true if the defendant
assents to having a judgment on the pleadings. Thus, in a case where the plaintiff and the defendant jointly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
submitted the case for judgment on the pleadings, the Supreme Court affirmed the ruling of the trial court
which not only granted the principal amount demanded but also the stipulated interests and liquidated
damages. But there can be no award of unliquidated damages in a judgment of the pleading in the absence
of proof therein especially in the light of Section 11, Rule 8 of the Amended Rules, which provides that
“material averments in the pleading asserting a claim or claims, other than those as to the amount of
unliquidated damages, shall be deemed admitted when not specifically denied.”
Where it appears to the court that the motion for judgment on the pleadings is meritorious, in that the answer
of the defending party, indeed, fails to tender an issue, or otherwise admits the material allegations of the
adverse party, then the court shall approve the motion for judgment on the pleadings and, thereafter, render
judgment on the pleadings; otherwise, if the court finds that the answer of the defending party presents a
genuine factual issue, the court shall deny the motion for judgment on the pleadings and, thus, trial shall
ensue.
EFFECT OF APPROVING THE MOTION FOR JUDGMENT ON THE PLEADINGS:

 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.
 Be that is it may, where a judgment on the pleadings is eventually rendered by the court, then such
judgment on the pleadings may now be appealed from, and, where the appellant is the defendant, then the
defendant may assign, as one of the errors on appeal, the propriety of submitting the case for judgment on
the pleadings.
EFFECT OF DENYING THE MOTION FOR JUDGMENT ON THE PLEADINGS:

 On the other hand, if the court rather issues an order denying the motion for judgment on the pleadings,
then the plaintiff cannot also file question such denial order, as by filing a direct appeal therefrom, certiorari,
mandamus, or prohibition, as it is proscribed under Section 2, Rule 34 of the Amended Rules.
 Trial may then ensue. And where the court eventually renders judgment on the merits, that judgment may
now be appealed from, and, where the appellant is the plaintiff, then the plaintiff may assign, as one of the
errors on appeal, the denial of his motion for judgment on the pleadings.
CASES WHERE JUDGMENT ON THE PLEADINGS WILL NOT LIE:

In the following cases, however, and as expressly stated in Section 2, Rule 34 of the Amended Rules,
judgment on the pleadings will not lie:
1. Actions for declaration of nullity of marriage;

2. Actions for annulment of marriage; and
3. Actions for legal separation.
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RULE 35
TRIAL
PROVI-
1997 RULES OF CIVIL PROCEDURE 2019 AMENDMENTS COMMENTS or EXAMPLES
SION
Summary judgment is a procedural device or remedy by which the courts can also expeditiously
resolve a civil action without need of conducting a full-blown trial. Its very object is to separate what
Section 1. Summary judgment for claimant. — A party seeking to recover upon a claim,
is formal or pretended in denial or averment from what is genuine and substantial, so that only the
RULE 35, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in
latter may subject a suitor to the burden of a trial. The test, therefore, of a motion for summary
SEC. 1 answer thereto has been served, move with supporting affidavits, depositions or admissions for a
judgment is whether the pleadings, affidavits and exhibits in support of the motions are sufficient to
summary judgment in his or her favor upon all or any part thereof. (1a)
overcome the opposing papers and to justify a finding as a matter of law that there is no defense to
the action or the claim is clearly meritorious.
Judgment on the Pleadings (Rule 34) Summary Judgment (Rule 35)
1. There is an ABSENCE OF A FACTUAL 1. The complaint, answer, or any responsive

ISSUE because the answer tenders no pleading TENDERS AN ISSUE, but such issue,
issue at all, or the answer admits the however, IS NOT GENUINE, except in respect to
material allegations of the adverse party’s damages, if any;
pleading;
2. The determination of whether the issue is

2. The absence of a factual issue is to be
genuine or not is based not only on the pleadings
determined on the basis of the pleadings
but also on the basis of the affidavits,
alone, especially the answer of the
SEC. 2. Summary judgment for depositions, and admissions which may be
defending party;
defending party. — A party against obtained and filed submitted subsequent to the
Section 2. Summary judgment for defending party. — submission of the pleadings;
whom a claim, counterclaim, or cross-
A party against whom a claim, counterclaim, or cross-
claim is asserted or a declaratory relief is 3. In judgment on the pleadings upon a
RULE 35, claim is asserted or a declaratory relief is sought may, 3. In summary judgment, any such motion therefor
sought may, at any time, move with motion, any such motion may only be filed
SEC. 2 at any time, move with supporting affidavits, may be filed by either the plaintiff/claiming party
supporting affidavits, depositions or by the plaintiff or the claimant;
or the defendant/defending party.
depositions or admissions for a summary judgment in
admissions for a summary judgment in
his or her favor as to all or any part thereof. 4. A motion for judgment on the pleadings is
his favor as to all or any part thereof. (2a, 4. A motion for summary judgment shall cite the
R34) not required to be supported with affidavits,
supporting affidavits, depositions, or admission,
depositions, or submission.
and the specific law relied upon.
Example: Randi filed an action for collection of sum of money against Waldi. Randi attached to the
complaint the promissory note purportedly signed by Waldi.
Q1: Suppose that, in his answer, Waldi Q3: Suppose that, in his answer, Waldi denied
simply averred that he did not secure a loan under oath the existence, genuineness and due
from Randi and that the signature execution of the promissory note and, thus, he
appearing in the promissory note is not his denied obtaining a loan from Randi, but thereafter
– and that is his only defense -- but his Randi served a written request for admission to
answer containing such denial is not Waldi, and the latter responded thereto, in writing,
verified or under oath. What procedural admitting that, indeed, he obtained a loan from
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device may be availed of, if any, to expedite Randi and the same has remained unpaid. What
the resolution of the case? procedural device may be availed of, if any, to
expedite the resolution of the case, and who can
A1: Judgment on the pleadings. Here, the avail of the same?
answer does not tender an issue.
Considering that Waldi failed to make A3: Summary judgment. Randi, being the
denial under oath, he is thereby deemed to interested party, should file a motion for summary
have admitted the due execution of the judgment, attaching thereto, and citing therein, the
promissory note appended to the complaint; written request for admission and theWaldi’s reply
hence, in the case, there is an absence of thereto (wherein he admitted his loan and the non-
factual issue, as, thus, determined on the payment thereof), as well as other affidavits or
basis of the answer that was filed (Section depositions, if any. In his motion for summary
1, Rule 34 of the Amended Rules). judgment, Randi should also cite the specific law
that relied upon(Sections 1 and 3, Rule 35 of the
Q2: In the above scenario, who can file a Amended Rules).
motion for judgment on the pleadings?
Q4: Suppose that Randi did not serve a request
A2: It is only the plaintiff, Randi, who can for admission to Waldi and there no such
file any such motion for judgment on the admission from Waldi, but Randiis confident that
pleadings(Section 1, Rule 34 of the he can really prove the existence of the loan and
Amended Rules). non-payment thereof through his own affidavit, as
well as the affidavits or depositions his witnesses
– e.g. the persons who were allegedly present
during the execution of the promissory note. What
may Randi do, if any? And what would be the
possible consequences thereof?
A4: If he wants, Randi may still file a motion for

summary judgment, attaching thereto his affidavit
and the affidavits or depositions of his witnesses,
and citing therein the law that he relied upon.
Upon receipt of the said motion for summary
judgment and the attachments thereto, it
behooves Waldi to file an opposition thereto and
submit opposing affidavits, depositions, or
admissions, if any. If Waldi does not file any
opposition and/or opposing affidavits, or if it
appears to the court that his opposition is lame,
the court may proceed to grant the motion for
summary judgment and thereafter render
summary judgment in favor of Randi.
But if Waldi files his opposition, together with the

opposing affidavits and depositions, and it appears
to the court that Waldi’s opposition and opposing
affidavits are more credible and meritorious, the
court may instead render summary judgment in
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
favor of Waldi. But if despite plaintiff’s filing of the

motion for summary judgment, complete with
affidavits or depositions, and defendant’s filing of
opposition, opposing affidavits or depositions, it
still appears to the court that the contested factual
issue cannot be resolved unless a full-blown trial
be conducted, wherein the parties will have the
opportunity to cross-examine the adverse party
and his witness, the court may deny the motion for
summary judgment and proceed to conduct a full-
blown trial therein(see Section 3 and 4, Rule 35 of
the Amended Rules).
Q5: Suppose that, in his answer, Waldi rather

admitted having obtained a loan from Randi but
interpose the defense that loan had already been
paid in full, albeit he failed to present a payment
receipt, but thereafter Waldi served a written
request for admission to Randi and the latter
responded, in writing, thereby admitting that,
indeed, Waldi’s obligation had already been paid
in full. What procedural device may be availed of,
if any, to expedite the resolution of the case, and
who can avail of the same?
A5: Summary judgment. Waldi, being the

interested party, should file a motion for summary
judgment, attaching thereto, and citing, the written
request for admission and the Randi’s reply
thereto (wherein he admitted the full payment of
the loan), as well as other affidavits or depositions,
if any, and, in his motion, Waldi should also cite
the specific law that he relied upon(see Section 2,
Rule 35 of the Amended Rules).
Q6: Suppose that, in the given problem, Randi’s

cause of action is not only for the payment of the
principal loan but also for stipulated interests as,
thus, fixed in the promissory note at 10% per
month, plus moral and exemplary damages, and,
in his answer, Waldi admitted the loan and the
non-payment thereof but he took issue with, and
protested on, the claim for interests and
unliquidated damages, contending, among others,
that stipulated interests is illegal, as it is allegedly
usurious, and that Randi is not entitled to
damages. What procedural device may be availed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
of, if any, to expedite the resolution of the case?
A6: Summary judgment. While Waldi, in his

answer, admitted the debt and the non-payment
thereof, there still are still remainingissues
pertaining to the stipulated interests and
unliquidated damages, such that the remedy of
judgment on the pleadings is not the appropriate
recourse. The remaining issue pertaining to the
interests, alleged to be usurious,may not,
however, be truly regarded as a ―genuine‖ factual
issue, as it is more of a question of law; hence
summary judgment may lie. Even if there is a
question of law, even a complicated one, summary
judgment is not barred (Velasco vs. Court of
Appeals, 329 SCRA 392). As regards the other
remaining issue on damages, the same will not
bar remedy of summary judgment, as provided
under Section 3, Rule 35 of the Amended Rules.
Q7: In the immediately preceding situation

(Q&A:6), who can file a motion for summary
judgment?
A7: Either Randi or Waldi can file a motion for

summary judgment, and any such motion must be
accompanied by, and should cite, their respective
affidavits or depositions or those of their
respective witnesses, and such motion should also
cite the specific law relied upon. Such
accompanying affidavits or deposition are useful in
the possible determination, among others, of
Randi’s entitlement or non-entitlement to
damages, or the extent or amount thereof, if
warranted (see Sections 1, 2, 3 and 4, Rule 35 of
the Amended Rules).
If it is the plaintiff or claimant who files a motion for summary judgment, he can only do so after the
answer had already been filed. But if it is the defendant or the defending party who files a motion for
summary judgment, the same may be filed at any time after the answer has been filed, or even after
the plaintiff or the claimant had presented evidence. In either case, a summary judgment may only be
filed after the filing of the answer.
Sections 1 and 2, Rule 35 of the Amended Rules also expressly state that summary judgment may be
available in actions for declaratory relief, in the same way that it may be available in actions whereby
one party seeks to recover a “claim,” but it needs to be underscored that this later action is not solely
confined to purely monetary claims. Summary judgment is applicable to all kinds of actions. Be that
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
as it may, summary judgment is not available in cases for declaration of nullity of marriage,
annulment of marriage, and legal separation, for the same reason that judgment on the pleadings will
not lie in these cases.
Section 3. Motion and proceedings thereon. — The

motion shall cite the supporting affidavits, depositions
SEC. 3. Motion and proceedings or admissions, and the specific law relied upon. The This new provision mandating that summary
thereon.— The motion shall be served at adverse party may file a comment and serve
From the provisions of Sections 3 and 4, judgment may now be rendered by the court motu
least ten (10) days before the time opposing affidavits, depositions, or admissions within
Rule 35 of the Amended Rules, it would proprio , adopted the ruling in Jaranilla, Jr. vs. Adil,
specified for the hearing. The adverse a non-extendible period of five (5) calendar days from
readily appear that summary judgment 88 SCRA 779to the end that, if, at the pre-trial, the
party may serve opposing affidavits, receipt of the motion. Unless the court orders the
may be had upon the motion of either the defendant admitted and stipulated to have obtained
depositions, or admissions at least three conduct of a hearing, judgment sought shall be
plaintiff or the defendants. a loan from the plaintiff but merely asked for time
(3) days before the hearing. After the rendered forthwith if the pleadings, supporting
RULE 35, for him to be able to pay, there is no need to reset
hearing, the judgment sought shall be affidavits, depositions and admissions on file, show
SEC. 3 It bears to stress, however, that under the the pre-trial. The proper procedure is to issue an
rendered forthwith if the pleadings, that, except as to the amount of damages, there is no
new rules, summary judgment may now order submitting the case for summary judgment.
supporting affidavits, depositions, and genuine issue as to any material fact and that the
be rendered by the court motu proprio
admissions on file, show that, except as moving party is entitled to judgment as a matter of The foregoing provision thus rendered obsolete the
(Section 10, Rule 18 of the Amended
to the amount of damages, there is no law. ruling in the case of Pineda vs. Heirs of Eliseo
Rules).
genuine issue as to any material fact and Guevarra, 515 SCRA 627, wherein it was held that
that the moving party is entitled to a Any action of the court on a motion for summary the trial court cannot motu proprio decide that
judgment as a matter of law. (3a, R34) judgment shall not be subject of an appeal or petition
summary judgment on an action is in order.
for certiorari, prohibition or mandamus. (3a)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
Requirements of a Summary Judgment:

Summary judgment is upon a motion, thus, it is a litigious motion. As such:
 It must be put in writing [see Section 2, Rule 15 of the Amended Rules].

 Such motion shall cite the supporting affidavits, depositions or admissions, and the specific
law relied upon [Section 3, Rule 35 of the Amended Rules].
 A copy of the said motion, together with the accompanying affidavits, deposition or admissions,
shall be furnished to the adverse party [see Section 3), Rule 35 of the Amended Rules].
 It then behooves the adverse party to file and serve his or her comment or opposition thereto,
together with opposing affidavits, depositions or admissions, within a non-extendible period of
five (5) calendar days from receipt thereof [see Section 3, Rule 35 of the Amended Rules.
SEC. 4. Case not fully adjudicated on
motion. — If on motion under this Rule, In treating the motion for summary judgment, as well as the comment or opposition thereto, if
judgment is not rendered upon the whole any, the court may either:
case or for all the reliefs sought and a 1. Deny the motion for summary judgment, or
trial is necessary, the court at the Section 4. Case not fully adjudicated on motion. — If 2. Approve the motion for summary judgment and thereafter render summary judgment upon the
hearing of the motion, by examining the on motion under this Rule, judgment is not rendered whole case,or for all the reliefs sought in the case, or
pleadings and the evidence before it and upon the whole case or for all the reliefs sought and a 3. Approve the motion for summary judgment but not upon the whole case, or that the court only
by interrogating counsel shall ascertain trial is necessary, the court may, by examining the renders a partial summary judgment on some but not for all the reliefs sought in the case.
what material facts exist without pleadings and the evidence before it and by
substantial controversy and what are interrogating counsel, ascertain what material facts
RULE 35,
actually and in good faith controverted. It exist without substantial controversy, including the
SEC. 4
shall thereupon make an order extent to which the amount of damages or other relief
specifying the facts that appear without is not in controversy, and direct such further
substantial controversy, including the proceedings in the action as are just. The facts so
EFFECT OF APPROVING THE MOTION FOR
extent to which the amount of damages ascertained shall be deemed established, and the trial
SUMMARY JUDGMENT, AND WHERE THE
or other relief is not in controversy, and shall be conducted on the controverted facts EFFECT OF DENYING THE MOTION COURT THEREAFTER RENDERS SUMMARY
directing such further proceedings in the accordingly. (4a) FOR SUMMARY JUDGMENT: JUDGMENT UPON THE WHOLE CASE, OR
action as are just. The facts so specified FOR ALL THE RELIEFS SOUGHT IN THE
shall be deemed established, and the Any action of the court on a motion for
CASE:
trial shall be conducted on the summary judgment shall not be subject of
controverted facts accordingly. (4a, R34) an appeal or petition for certiorari, Any action of the court on a motion for summary
prohibition or mandamus. judgment shall not be subject of an appeal or
Trial may then ensue. And where the court
eventually renders judgment on the merits, Verily, if the court issues a separate order
that judgment may be now appealed from, granting the motion for summary judgment, the
and, where the appellant is the one who opposing party, therefore, cannot question such
previously filed the motion for summary separate court order decreeing that summary
judgment that was denied, he may assign, judgment is in order, as by filing a direct appeal
as one of the errors on appeal, the denial therefrom, or certiorari, or prohibition, as the
of his motion for summary judgment. same is prohibited. Be that is it may, where
summary judgment is eventually rendered by the
court, then such summary judgment may now be
appealed from, and, where the appellant is the
one who previously opposed the motion for
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
summary judgment, then the appellant may

assign, as one of the errors on appeal, the
propriety of submitting the case for summary
judgment.
EFFECT OF APPROVING THE MOTION FOR SUMMARY JUDGMENT BUT NOT UPON THE
WHOLE CASE, OR THAT THE COURT ONLY RENDERS A PARTIAL SUMMARY JUDGMENT ON
SOME BUT NOT ALL OF THE RELIEFS SOUGHT IN THE CASE:
Any action of the court on a motion for summary judgment shall not be subject of an appeal or
Verily, if one of the parties in the case files a motion for partial summary judgment, or summary
judgment one some but not all of the claims in an action, and the court issues a separate order
granting such motion for partial summary judgment, the opposing party, therefore, cannot question
such separate court order decreeing that partial summary judgment may be had in the case, as by
filing a direct appeal therefrom, or certiorari, or prohibition, as the same is prohibited, more so that
partial summary judgment may be had, pursuant to Section 4, Rule 35 of the Amended Rules.
And where partial summary judgment is eventually rendered, such partial summary judgment is
generally not appealable. What the rules contemplate is that the appeal from the partial summary
judgment shall be taken together with the judgment that may be rendered in the entire case after a
trial is conducted on the material facts on which a substantial controversy exists (Guevarra vs. CA,
124 SCRA 297).
Parenthetically, in the appeal from the judgment in the entire case, and, where the appellant is the
one who previously opposed the motion for partial summary judgment, then the appellant may
assign, as one of the errors on appeal, the propriety of submitting the case for partial summary
judgment.
Sanctions of the Litigants/his counsel
Section 6, Rule 35 of the Amended Rules
Section 5. Form of affidavits and supporting papers. — Supporting and opposing affidavits shall Section 3, Rule 35 of the Amended imposes sanctions on the party-litigant and/or his
be made on personal knowledge, shall set forth such facts as would be admissible in evidence, Rules requires the submission of or her lawyer if it is determined, at any time, that
and shall show affirmatively that the affiant is competent to testify to the matters stated therein. affidavits, among others, in support of such party has submitted affidavit in bad faith or
Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached the motion for summary judgment or in solely for delay.
thereto or served therewith. (5) opposing the same. It requires that:
An affidavit may be said to have been submitted
RULE 35, 1. The affidavit shall be made based on
in bad faith, or solely for delay, if the matters set
SEC. 5, 6 Section 6. Affidavits in bad faith. — Should it appear to its satisfaction at any time that any of the personal knowledge;
forth therein are proven to be false.
affidavits presented pursuant to this Rule are presented in bad faith, or solely for the purpose of  It should not be based on mere
delay, the court shall forthwith order the offending party or counsel to pay to the other party the hearsay information. The sanctions to be imposed on the party-offer
amount of the reasonable expenses which the filing of the affidavits caused him or her to incur, and/or his or her lawyer consists in:
including attorney's fees, it may, after hearing further adjudge the offending party or counsel guilty 2. It shall set forth such facts as would be
of contempt. (6a) admissible in evidence;  Requiring them to pay the reasonable
 It should not merely reiterate the costs, including attorney’s fees, that the
ultimate facts as, thus, stated in the other party may have incurred in proving
pleadings. It should rather set forth the falsity of the things that were set
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON
evidentiary facts, as such affidavit forth in the affidavit that was submitted
would serve as basis, among others, in in bad faith, or solely for delay.
rendering summary judgment, if
warranted. It should not narrate  The party-offeror and/or his or her
matters falling within the ambit of lawyer may also be cited in contempt of
privileged communications under court after a hearing is conducted for
Section 24, Rule 130 of the Revised that purpose, in accordance with
Rules on Evidence, among others. Section 3, Rule 71 of the Rules of Court.
3. The affiant is competent to testify to the

matters stated therein; and
 The affiant must be one who can
perceive, and perceiving, and can
make known his perception to others
(Section 21, Rule 130 of the Revised
Rules on Evidence).

4. Certified true copies of all papers of
parts thereof referred to in the affidavit
shall be attached thereto or served
therewith.
 Plain photocopy of the documents
referred to in the affidavits would not
suffice.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ JDSEMPRON

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MATRIX COMPARISON OF THE 2019 AMENDMENTS OF THE RULES OF CIVIL PROCEDURE

Your property was taken by the state for public

upon him a letter demanding that he vacate

If your first statement is found to be insufficient

NOTE: During the trial, however, you have to

In some instances, there are things that are required to

Fraud or mistake must be averred with particularity.

Section 8, Rule 8 provides us with answer, in that you

―That Cebu City Mayor Edgardo Labella issued

Petitioner’s coping mechanism when confronted

B. ―Paragraph 2 of the Complaint is admitted,

C. “2.0. Paragraph 13 of the complaint is denied

states no cause of action; and

In an action for recovery of parcel of land, the

Except on the following grounds:

Q: If, after trial, court finds that, indeed,

Q: But can I file a separate case for the

(B) RELIEFS FROM ORDER OF DEFAULT

> Remedy after the judgment becomes final and executory:

1. As a matter of right, (w/o leave of court)

The amendment qualified the period of 10 days to 10

SEC. 3. Amendments by leave of Section 3. Amendments by leave of

SEC. 5. Amendment to conform to Relate this to our discussion on Section 1, Rule 9:

justice will be subserved thereby. Ex. 2.

Q: Can the court take cognizance of the demand

In the above situation, there is no more need to

For example, if a complaint failed to allege the

1. However, the filing of the amended pleading does not Ex. 1

inasmuch as Randi likewise signed the two bum

Conversely, where the defendant has not yet been

How do you compute the 30-day period?

payment of the principal loan. And that is

Old Rules= date of actual receipt is the date of filing

4. By transmitting them by electronic mail or other electronic means as may be

6. Other electronic means as may be authorized by the Court; or

How personal service is effected:

Section 9. Service by electronic means and facsimile. —

in the post office in a sealed envelope

The addressee is notified by the

Waldi filed before RTC of Cebu City a case for

In this situation, the court may authorize the plaintiff or

SEC. 5. Issuance of alias Section 4. Validity of summons and issuance of

d) By sending an electronic mail to the

Summons must be served at his residence at the

This mode of service is impelled and borne out by

As long as the substituted service of summons has

Where an action is brought against persons

SEC. 9. Service upon

Where the husband, for example, is in the

Section 14. Service upon foreign private juridical

and for such time as the

Q: May the court validly render a judgment in the foreclosure proceedings?

Section 21. Proof of service. — The proof of

5. Writ of possession, demands only two requirements:

Where a party files the ff:

GO vs. CRUZ 2. Even if the notice of dismissal states that

There having been a dismissal or withdrawal of the action, albeit without

2. (Case dismissed + well within the 15-day reglementary period=

Section 2. Dismissal upon motion of plaintiff. — Except as

Section 4. Dismissal of counterclaim, cross-claim, or third-party

Pre-trial: A procedural device by which the court can

Effect of failure to appear: