Comparison of Old and New Rules

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COMPARATIVE
TABLES OF OLD &
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SAN BEDA COLLEGE - ALABANG PROJECT UBUNTU
COMPARATIVE TABLE OF OLD
& NEW RULES IN CIVIL PROCEDURE
BP Blg. 129 vs. RA 11576

BATAS PAMBANSA Blg. 129 Republic Act No. 11576 COMMENTS / REMARKS
JURISDICTION OF SUPREME COURT
Section 12. Internal Rules. – The court en banc is Section 3. Delegated Authority of the Supreme Supreme Court’s jurisdiction has not been
authorized to promulgate rules or orders Court to Adjust the Jurisdictional Amounts for significantly changed, except that in RA 11576
governing the constitution of the divisions and First and Second Level Courts. – The Supreme jurisdictional amounts under certain
the assignment of Appellate Justices thereto, the Court, unless otherwise provided by law, without circumstances
distribution of cases, and other matters prejudice, however, on the part of the Congress
pertaining to the operations of the Court of its to adjust the amounts when the circumstances
divisions. Copies of such rules and orders shall be so warrant, may be adjust the jurisdictional
furnished by the Supreme Court, which rules and amount for first and second level courts to: (1)
orders shall be effective fifteen (15) days after reflect the extraordinary supervening inflation
receipt thereof, unless directed otherwise by the or deflation of currency; (2) reflect change in
Supreme Court. the land valuation; (3) maintain the proportion
of caseload between first and second level
Section 23. Special jurisdiction to try special courts.
cases. – The Supreme Court may designate
certain branches of the Regional Trial Courts to
handle exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban
land reform cases which do not fall under the
jurisdiction of quasi-judicial bodies and agencies,
and/or such other special cases as the Supreme
Court may determine in the interest of a speedy
and efficient administration of justice.
Section 28. Other Metropolitan Trial Courts. –

The Supreme Court shall constitute Metropolitan
Trial Courts in such other metropolitan areas as
may be established by law whose territorial
jurisdiction shall be co-extensive with the cities
1
and municipalities comprising the metropolitan

area.
Every Metropolitan Trial Judge shall be appointed

to a metropolitan area which shall be his
permanent station and his appointment shall
state branch of the court and the seat thereof to
which he shall be originally assigned. A
Metropolitan Trial Judge may be assigned by the
Supreme Court to any branch within said
metropolitan area as the interest of justice may
require, and such assignment shall not be
deemed an assignment to another station within
the meaning of this section.
Section 34. Delegated jurisdiction in cadastral

and land registration cases. – Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts may be assigned by the
Supreme Court to hear and determine cadastral
or land registration cases covering lots where
there is no controversy or opposition, or
contested lots the where the value of which does
not exceed One hundred thousand pesos
(P100,000.00), such value to be ascertained by
the affidavit of the claimant or by agreement of
the respective claimants if there are more than
one, or from the corresponding tax declaration
of the real property. Their decisions in these
cases shall be appealable in the same manner as
decisions of the Regional Trial Courts. (as
amended by R.A. No. 7691)
JURISDICTION OF COURT OF APPEALS
2
Section 9. Jurisdiction. – The Court of Appeals There have been no changes in the jurisdiction
shall Exercise: of the Court of Appeals since BP 129.
1. Original jurisdiction to issue writs of

mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or
processes, whether or not in aid of its appellate
jurisdiction;
2. Exclusive original jurisdiction over actions for

annulment of judgements of Regional Trial
Courts; and
3. Exclusive appellate jurisdiction over all final

judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission,
including the Securities and Exchange
Commission, the Social Security Commission, the
Employees Compensation Commission and the
Civil Service Commission, Except those falling
within the appellate jurisdiction of the Supreme
Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of
this Act, and of subparagraph (1) of the third
paragraph and subparagraph 4 of the fourth
paragraph of Section 17 of the Judiciary Act of
1948.
The court of Appeals shall have the power to try

cases and conduct hearings, receive evidence
and perform any and all acts necessary to resolve
factual issues raised in cases falling within its
original and appellate jurisdiction, including the
power to grant and conduct new trials or Appeals
3
must be continuous and must be completed

within three (3) months, unless extended by the
Chief Justice. (as amended by R.A. No. 7902.)
JURISDICTION OF COURT OF TAX APPEALS

(under R.A. 9282)
Section 7, paragraph c of R.A. 9282, otherwise Section 7, paragraph (c) of R.A. 9282 is the
known as An Act Expanding the Jurisdiction of substantive law that confers exclusive original
the Court of Tax Appeals (CTA), provides for its jurisdiction to the Court of Tax Appeals.
exclusive original jurisdiction in civil cases. It
states that:
(1) Exclusive original jurisdiction in tax

collection cases involving final and
executory assessments for taxes, fees,
charges, and penalties: Provided,
however, that collection cases where the
principal amount of taxes and fees,
exclusive of charges and penalties,
claimed is less than One million pesos
(P1,000,000.00) shall be tried by the
proper Municipal Trial Court,
Metropolitan Trial Court and Regional
Trial Court.
JURISDICTION OF REGIONAL TRIAL COURT
Section 19. Jurisdiction in civil cases. – Regional Section 1. Section 19 of Batas Pambansa Blg. The significant difference between the Old and
Trial Courts shall exercise exclusive original 129, otherwise known as The Judiciary New provision was just the increased assessed
jurisdiction: Reorganization Act of 1980,” as amended, is values in Paragraphs [2], [3], and [8].
hereby amended to read as follows:
(1) In all civil actions in which the subject of the
litigation is incapable of pecuniary estimation; Section 19. Jurisdiction of the Regional Trial
Courts in Civil Cases. – Regional Trial Courts shall
(2) In all civil actions which involve the title to, exercise exclusive original jurisdiction:
4
or possession of, real property, or any interest xxx

therein, where the assessed value of the
property involved exceeds Twenty thousand (2) In all civil actions which involve the title to,
pesos (P20,000.00) or for civil actions in Metro or possession of, real property, or any interest
Manila, where such the value exceeds Fifty therein, where the assessed value exceeds Four
thousand pesos (50,000.00) except actions for hundred thousand pesos (P400,000.00),
forcible entry into and unlawful detainer of lands except for forcible entry into and unlawful
or buildings, original jurisdiction over which is detainer of lands or buildings, original
conferred upon Metropolitan Trial Courts, jurisdiction over which is conferred upon the
Municipal Trial Courts, and Municipal Circuit Trial Metropolitan Trial Courts, and Municipal Trial
Courts; Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts;
(3) In all actions in admiralty and maritime
jurisdiction where he demand or claim exceeds (3) In all actions in admiralty and maritime
One hundred thousand pesos (P100,000.00) or , jurisdiction where the demand or claims
in Metro Manila, where such demand or claim exceeds Two million pesos (P2,000,000.00);
exceeds Two hundred thousand pesos
(200,000.00); (4) In all matters of probate, both estate and
intestate, where the gross value of the estate
(4) In all matters of probate, both testate and exceeds Two million pesos (P2,000,000.00)’
intestate, where the gross value of the estate xxx
exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro (8) In all other cases in which the demand,
Manila, where such gross value exceeds Two exclusive of interest, damages of whatever kind,
hundred thousand pesos (200,000.00); attorney’s fees, litigation expenses and costs or
(5) In all actions involving the contract of the value of the property in controversy
marriage and marital relations; exceeds Two million pesos (P2,000,000.00).”
(6) In all cases not within the exclusive
jurisdiction of any court, tribunal, person or
body exercising jurisdiction or any court,
tribunal, person or body exercising judicial or
quasi-judicial functions;
(7) In all civil actions and special proceedings

falling within the exclusive original jurisdiction
of a Juvenile and Domestic Relations Court and
5
of the Courts of Agrarian Relations as now

provided by law; and
(8) In all other cases in which the demand,

exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs or
the value of the property in controversy exceeds
One hundred thousand pesos (100,000.00) or, in
such other above-mentioned items exceeds Two
hundred thousand pesos (200,000.00). (as
amended by R.A. No. 7691*)
JURISDICTION OF REGIONAL TRIAL COURT

(under RA 8799, PD 1529)
Section 5.2 of RA 8799 provides that the Commission’s (Security and exchange commission) ● RTC’s jurisdiction over cases
jurisdiction over all cases enumerated under section 5 of Presidential Decree No. 902-A is enumerated under section 5 of PD
hereby transferred to the Courts of general jurisdiction or the appropriate Regional Trial 902-A:
Court: Provided, That the Supreme Court in the exercise of its authority may designate the Regional
Trial Court branches that shall exercise jurisdiction over the cases. The Commission shall retain (a) Devices or schemes employed by or any acts,
jurisdiction over pending cases involving intra-corporate disputes submitted for final resolution of the board of directors, business associates, its
which should be resolved within one (1) year from the enactment of this Code. The Commission shall officers or partnership, amounting to fraud and
retain jurisdiction over pending suspension of payment/rehabilitation cases filed as of 30 June 2000 misrepresentation which may be detrimental to
until finally disposed. the interest of the public and/or of the
stockholder, partners, members of associations
Section 17 of PD 1529 provides: What and where to file. The application for land registration or organizations registered with the Commission;
shall be filed with the Court of First Instance of the province or city where the land is
situated. The applicant shall file together with the application all original muniments of titles or (b) Controversies arising out of intra-corporate
copies thereof and a survey plan of the land approved by the Bureau of Lands.
or partnership relations, between and among
stockholders, members, or associates; between
any or all of them and the corporation,
partnership or association of which they are
stockholders, members or associates,
respectively; and between such corporation,
6
partnership or association and the state insofar

as it concerns their individual franchise or right
to exist as such entity; and
(c) Controversies in the election or appointments

of directors, trustees, officers or managers of
such corporations, partnerships or associations.
Originally, exclusive and original jurisdiction

over cases cases above mentioned is granted
to the SEC, however, due to the enactment of
RA 8799, such jurisdiction was transferred to
RTCs:provided, That the Supreme Court in the
exercise of its authority may designate the
Regional Trial Court branches that shall
exercise jurisdiction over the cases.
● Exclusive and original jurisdiction of

all land registration applications is
granted to RTCs.
JURISDICTION OF FAMILY COURTS

(under RA 8639)
Section 5. Jurisdiction of Family Courts. - The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less
than nine (9) years of age but not less than nine (9) years of age or where one or more of the victims
is a minor at the time of the commission of the offense: Provided, That if the minor is found guilty,
the court shall promulgate sentence and ascertain any civil liability which the accused may have
7
incurred.
The sentence, however, shall be suspended without need of application pursuant to Presidential
Decree No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to
marital status and property relations of husband and wife or those living together under different
status and agreements, and petitions for dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise
known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected children,

petitions for voluntary or involuntary commitment of children; the suspension, termination, or
restoration of parental authority and other cases cognizable under Presidential Decree No. 603,
Executive Order No. 56, (Series of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act," as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to result in
physical, sexual or psychological harm or suffering to women; and other forms of physical abuse
such as battering or threats and coercion which violate a woman's personhood, integrity and
freedom movement; and
8
2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case pending in
the regular courts, said incident shall be determined in that court.
JURISDICTION OF FIRST LEVEL COURTS (MTC, MeTC, MCTC, MTCC)
Section 33. Jurisdiction of Metropolitan Trial Section 2. Section 33 of the same law is hereby
Courts, Municipal Trial Courts and Municipal amended to read as follows:
Circuit Trial Courts in civil cases - Metropolitan
Trial Courts, Municipal Trial Courts and Municipal Section 33. Jurisdiction of the Metropolitan Trial
Circuit Trial Courts shall exercise: Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit
(1) Exclusive original jurisdiction over civil Trial Courts in Civil Cases - Jurisdiction of the
actions and probate proceedings, testate and Metropolitan Trial Courts, Municipal Trial Courts
intestate, including the grant of provisional in Cities, Municipal Trial Courts, and Municipal
remedies in proper cases, where the value of the Circuit Trial Courts in Civil Cases shall exercise:
personal property, estate or amount of the
demand does not exceed One hundred thousand (1) Exclusive original jurisdiction over civil
pesos (P100,000.00) or, in Metro Manila where actions and probate proceedings, testate and
such personal property, estate, or amount of the intestate, including the grant of provisional
demand does not exceed Two hundred thousand remedies in proper cases, where the value of
pesos (P200,000.00) exclusive of interest, the personal property, estate or amount of the
damages of whatever kind, attorney’s fees, demand does not exceed Two million pesos
litigation expenses and costs, the amount of (P2,000,000.00), exclusive of interest, damages
which must be specifically alleged: Provided, or whatever kind, attorney’s fees, litigation
That where there are several claims or causes of expenses, and costs, the amount of which must
actions between the same or different parties, be specifically alleged: Provided, That interest,
embodied in the same complaint, the amount of damages of whatever kind, attorney’s fees,
the demand shall be the totality of the claims in litigation expenses, and costs shall be included
all the causes of action, irrespective of whether in the determination of the filing fees: Provided
9
the causes of action arose out of the same or further, That where there are several claims or
different transactions; causes of actions between the same or different
parties, embodied in the same complaint, the
amount of the demand shall be totality of the
(3) Exclusive original jurisdiction in all civil claims in all the causes of action, irrespective of
actions which involve title to, or possession of, whether the causes of action arose out of the
real property, or any interest therein where the same or different transactions.
assessed value of the property or any interest
therein does not exceed Twenty Thousand Pesos xxx
(P20,000.00), or in civil actions in Metro Manila,
where such assessed value does not exceed Fifty (3) Exclusive original jurisdiction in all civil
thousand pesos (P50,000.00) exclusive of actions which involve title to, or possession of,
interest, damages of whatever kind, attorney’s real property, or any interest therein where the
fees. Litigation of expenses and costs: Provided, assessed value of the property or any interest
That value of such property shall be determined therein does not exceed Four hundred thousand
by the assessed value of the adjacent lots. (as pesos (400,000.00) exclusive of interest,
amended by RA. No. 7691) damages of whatever kind, attorney’s fees,
litigation expenses and costs: Provided, That in
cases of land not declared for taxation purposes,
the value of such property shall be determined
by the assessed value of the adjacent lots.
(4) Exclusive original jurisdiction in admiralty

and maritime actions where the demand or
claim does ot exceed Two million pesos
(P2,000,000.00).”
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1997 RULES OF COURT vs. 2019 AMENDMENTS

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS
RULE 6 — KINDS OF PLEADINGS
Section 2. Pleadings allowed. The claims of a Section 2. Pleadings allowed. The claims of a A party may only file a reply if the defending
party are asserted in a complaint, counterclaim, party are asserted in a complaint, counterclaim, party attaches an actionable document to his
cross-claim, third (fourth, etc.)-party complaint, cross-claim, third (fourth, etc.)-party complaint, answer.
or complaint-in-intervention. The defenses of a or complaint-in-intervention. The defenses of a
party are alleged in the answer to the pleading party are alleged in the answer to the pleading
asserting a claim against him. An answer may be asserting a claim against him or her. An answer
responded to by a reply. (n) may be responded to by a reply only if the
defending party attaches an actionable
document to the answer.
Section 3. Complaint. The complaint is the Section 3. Complaint. The complaint is the
pleading alleging the plaintiff's cause or causes pleading alleging the plaintiffs or claiming
of action. The names and residences of the party's cause or causes of action. The names and
plaintiff and defendant must be stated in the residences of the plaintiff and defendant must
complaint. (3a) be stated in the complaint.
Section 5. Defenses. Defenses may either be Section 5. Defenses. Defenses may either be The grounds for an affirmative defense were
negative or affirmative. negative or affirmative. expanded in the amendments.
(a) A negative defense is the specific denial of (a) A negative defense is the specific denial
the material fact or facts alleged in the pleading of the material fact or facts alleged in
of the claimant essential to his cause or causes the pleading of the claimant essential to
of action. his or her cause or causes of action.
(b) An affirmative defense is an allegation of a (b) An affirmative defense is an allegation

new matter which, while hypothetically of, a new matter which, while
11
admitting the material allegations in the hypothetically admitting the material

pleading of the claimant, would nevertheless allegations in the pleading of the
prevent or bar recovery by him. The affirmative claimant, would nevertheless prevent or
defenses include fraud, statute of limitations, bar recovery by him or her. The
release, payment, illegality, statute of frauds, affirmative defenses include fraud,
estoppel, former recovery, discharge in statute of limitations, release, payment,
bankruptcy, and any other matter by way of illegality, statute of frauds, estoppel,
confession and avoidance. (5a) former recovery, discharge in
bankruptcy, and any other matter by
way of confession and avoidance.
Affirmative defenses may also include grounds

for the dismissal of a complaint, specifically,
that the court has no jurisdiction over the
subject matter, that there is another action
pending between the same parties for the
same cause, or that the action is barred by a
prior judgment.
Section 7. Compulsory counterclaim. A Section 7. Compulsory counterclaim. A The failure of a party to raise a compulsory
compulsory counterclaim is one which, being compulsory counterclaim is one which, being counterclaim in the same action is barred from
cognizable by the regular courts of justice, cognizable by the regular courts of justice, raising the same subsequently unless otherwise
arises out of or is connected with the arises out of or is connected with the allowed by the Rules.
transaction or occurrence constituting the transaction or occurrence constituting the
subject matter of the opposing party's claim and subject matter of the opposing party's claim and
does not require for its adjudication the does not require for its adjudication the
presence of third parties of whom the court presence of third parties of whom the court
cannot acquire jurisdiction. Such a counterclaim cannot acquire jurisdiction. Such a counterclaim
must be within the jurisdiction of the court both must be within the jurisdiction of the court both
as to the amount and the nature thereof, except as to the amount and the nature thereof, except
that in an original action before the Regional that in an original action before the Regional
Trial Court, the counter-claim may be Trial Court, the counterclaim may be considered
considered compulsory regardless of the compulsory regardless of the amount. A
amount. (n) compulsory counterclaim not raised in the
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same action is barred, unless otherwise

allowed by these Rules.
Section 8. Cross-claim. A cross-claim is any claim Section 8. Cross-claim. A cross-claim is any claim
by one party against a co-party arising out of the by one party against a co-party arising out of the
transaction or occurrence that is the subject transaction or occurrence that is the subject
matter either of the original action or of a matter either of the original action or of a
counterclaim therein. Such cross-claim may counterclaim therein. Such cross-claim may
include a claim that the party against whom it is cover all or part of the original claim.
asserted is or may be liable to the
cross-claimant for all or part of a claim asserted
in the action against the cross-claimant. (7)
Section 10. Reply. A reply is a pleading, the Section 10. Reply. All new matters alleged in
office or function of which is to deny, or allege the answer are deemed controverted. If the
facts in denial or avoidance of new matters plaintiff wishes to interpose any claims arising
alleged by way of defense in the answer and out of the new matters so alleged, such claims
thereby join or make issue as to such new shall be set forth in an amended or
matters. If a party does not file such reply, all supplemental complaint. However, the
the new matters alleged in the answer are plaintiff may file a reply only if the defending
deemed controverted. If the plaintiff wishes to party attaches an actionable document to his
interpose any claims arising out of the new or her answer.
matters so alleged, such claims shall be set forth
in an amended or supplemental complaint. (11) A reply is a pleading, the office or function of
which is to deny, or allege facts in denial or
avoidance of new matters alleged in, or relating
to, said actionable document.
In the event of an actionable document

attached to the reply, the defendant may file a
rejoinder if the same is based solely on an
actionable document.
Section 11. Third, (fourth, etc.) - party Section 11. Third, (fourth, etc.) - party
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complaint. A third (fourth, etc.) — party complaint. A third (fourth, etc.)-party complaint
complaint is a claim that a defending party may, is a claim that a defending party may, with leave
with leave of court, file against a person not a of court, file against a person not a party to the
party to the action, called the third (fourth, action, called the third (fourth, etc.)-party
etc.) — party defendant for contribution, defendant, for contribution, indemnity,
indemnity, subrogation or any other relief, in subrogation or any other relief, in respect of his
respect of his opponent's claim. (12a) or her opponent’s claim
The third (fourth, etc.)-party complaint shall

be denied admission, and the court shall
require the defendant to institute a separate
action, where: (a) the third (fourth,
etc.)-party defendant cannot be located within
thirty (30) calendar days from the grant of
such leave; (b) matters extraneous to the issue
in the principal case are raised; or (c) the
effect would be to introduce a new and
separate controversy into the action.
Section 13. Answer to third (fourth, Section 13. Answer to third (fourth, etc.)-party
etc.)—party complaint. — A third (fourth, etc.) — complaint. – A third (fourth, etc.)-party
party defendant may allege in his answer his defendant may allege in his or her answer his or
defenses, counterclaims or cross-claims, her defenses, counterclaims or cross-claims,
including such defenses that the third (fourth, including such defenses that the third (fourth,
etc.) — party plaintiff may have against the etc.)-party plaintiff may have against the
original plaintiff's claim. In proper cases, he may original plaintiff’s claim. In proper cases, he [or
also assert a counterclaim against the original she] may also assert a counterclaim against the
plaintiff in respect of the latter's claim against original plaintiff in respect of the latter’s claim
the third-party plaintiff. against the third-party plaintiff.
RULE 7 — PARTS AND CONTENTS OF A PLEADING
Section 3. Signature and address. Every pleading Section 3. Signature and address.
must be signed by the party or counsel (a) Every pleading and other written
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representing him, stating in either case his submissions to the court must be signed
address which should not be a post office box. by the party or counsel representing
him or her.
The signature of counsel constitutes a certificate (b) The signature of counsel constitutes a
by him that he has read the pleading; that to the certificate by him or her that he or she
best of his knowledge, information, and belief has read the pleading and document;
there is good ground to support it; and that it is that to the best of his or her knowledge,
not interposed for delay. information, and belief, formed after an
inquiry reasonable under the
An unsigned pleading produces no legal effect. circumstances:
However, the court may, in its discretion, allow (1) It is not being presented for
such deficiency to be remedied if it shall appear any improper purpose, such as
that the same was due to mere inadvertence and to harass, cause unnecessary
not intended for delay. Counsel who deliberately delay, or needlessly increase
files an unsigned pleading, or signs a pleading in the cost of litigation;
violation of this Rule, or alleges scandalous or (2) The claims, defenses, and
indecent matter therein, or fails promptly report other legal contentions are
to the court a change of his address, shall be warranted by existing law or
subject to appropriate disciplinary action. (5a) jurisprudence, or by a
non-frivolous argument for
extending, modifying, or
reversing existing
jurisprudence;
(3) The factual contentions have
evidentiary support or, if
specifically so identified, will
likely have evidentiary support
after availment of the modes of
discovery under these rules;
and
(4) The denials of factual
contentions are warranted on
the evidence or, if specifically
so identified, are reasonably
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based on belief or a lack of

information.
(c) If the court determines, on motion or
motu proprio and after notice and
hearing, that this rule has been
violated, it may impose an appropriate
sanction or refer such violation to the
proper office for disciplinary action, on
any attorney, law firm, or party that
violated the rule, or is responsible for
the violation. Absent exceptional
circumstances, a law firm shall be held
jointly and severally liable for a
violation committed by its partner,
associate, or employee. The sanction
may include, but not limited to,
non-monetary directives or sanctions;
an order to pay a penalty in court; or,
if imposed on motion and warranted
for effective deterrence, an order
directing payment to the movant of
part or all of the reasonable attorney's
fees and other expenses directly
resulting from the violation, including
attorney's fees for the filing of motion
for sanction. The lawyer or law firm
cannot pass on the monetary penalty
to the client.
Section 4. Verification. — Except when Section 4. Verification. – Except when otherwise

otherwise specifically required by law or rule, specifically required by law or rule, pleadings
pleadings need not be under oath, verified or need not be under oath or verified.
accompanied by affidavit .(5a)
A pleading is verified by an affidavit of an
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A pleading is verified by an affidavit that the affiant duly authorized to sign said
affiant has read the pleading and that the verification. The authorization of the affiant
allegations therein are true and correct of his to act on behalf of a party, whether in the
knowledge and belief. form of a secretary’s certificate or a special
power of attorney, should be attached to the
A pleading required to be verified which pleading, and shall allege the following
contains a verification based on "information and attestations:
belief", or upon "knowledge, information and
belief", or lacks a proper verification, shall be (a) The allegations in the pleading are
treated as an unsigned pleading. true and correct based on his or her
personal knowledge, or based on
authentic documents;
(b) The pleading is not filed to harass,
cause unnecessary delay, or needlessly
increase the cost of litigation; and
(c) The factual allegations therein have
evidentiary support or, if specifically
so identified, will likewise have
evidentiary support after a reasonable
opportunity for discovery.
The signature of the affiant shall further serve

as a certification of the truthfulness of the
allegations in the pleading.
A pleading required to be verified that contains

a verification based on information and belief,”
or upon knowledge, information and belief,” or
lacks a proper verification, shall be treated as
an unsigned pleading.
Section 5. Certification against forum shopping. Section 5. Certification against forum shopping.
The plaintiff or principal party shall certify The plaintiff or principal party shall certify
under oath in the complaint or other initiatory under oath in the complaint or other initiatory
17
pleading asserting a claim for relief, or in a pleading asserting a claim for relief, or in a
sworn certification annexed thereto and sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has simultaneously filed therewith: (a) that he [or
not theretofore commenced any action or filed she] has not theretofore commenced any action
any claim involving the same issues in any court, or filed any claim involving the same issues in
tribunal or quasi-judicial agency and, to the best any court, tribunal or quasi-judicial agency and,
of his knowledge, no such other action or claim to the best of his [or her] knowledge, no such
is pending therein; (b) if there is such other other action or claim is pending therein; (b) if
pending action or claim, a complete statement there is such other pending action or claim, a
of the present status thereof; and (c) if he complete statement of the present status
should thereafter learn that the same or similar thereof; and (c) if he [or she] should thereafter
action or claim has been filed or is pending, he learn that the same or similar action or claim
shall report that fact within five (5) days has been filed or is pending, he [or she] shall
therefrom to the court wherein his aforesaid report that fact within five (5) calendar days
complaint or initiatory pleading has been filed. therefrom to the court wherein his [or her]
aforesaid complaint or initiatory pleading has
been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere The authorization of the affiant to act on
amendment of the complaint or other initiatory behalf of a party, whether in the form of a
pleading but shall be cause for the dismissal of secretary’s certificate or a special power of
the case without prejudice, unless otherwise attorney, should be attached to the pleading.
provided, upon motion and after hearing. The
submission of a false certification or Failure to comply with the foregoing
non-compliance with any of the undertakings requirements shall not be curable by mere
therein shall constitute indirect contempt of amendment of the complaint or other initiatory
court, without prejudice to the corresponding pleading but shall be cause for the dismissal of
administrative and criminal actions. If the acts the case without prejudice, unless otherwise
of the party or his counsel clearly constitute provided, upon motion and after hearing. The
willful and deliberate forum shopping, the same submission of a false certification or
shall be ground for summary dismissal with non-compliance with any of the undertakings
prejudice and shall constitute direct contempt, therein shall constitute indirect contempt of
as well as a cause for administrative sanctions. court, without prejudice to the corresponding
(n) administrative and criminal actions. If the acts
18
of the party or his counsel clearly constitute

willful and deliberate forum shopping, the same
shall be ground for summary dismissal with
prejudice and shall constitute direct contempt,
as well as a cause for administrative sanctions.
There is no Section 6. Section 6. Contents. Every pleading stating a

party's claims or defenses shall, in addition to
those mandated by Section 2, Rule 7, state the
following:
(a) Names of witnesses who will be

presented to prove a party's claim or
defense;
(b) Summary of the witnesses' intended

testimonies, provided that the judicial
affidavits of said witnesses shall be
attached to the pleading and form an
integral part thereof.
Only witnesses whose judicial

affidavits are attached to the pleading
shall be presented by the parties
during trial. Except if a party presents
meritorious reasons as basis for the
admission of additional witnesses, no
other witness or affidavit shall be
heard or admitted by the court; and
(c) Documentary and object evidence in

support of the allegations contained in
the pleading. (n)
19
RULE 8 — MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1. In general. Every pleading shall Section 1. In general. Every pleading shall
contain in a methodical and logical form, a contain in a methodical and logical form, a
plain, concise and direct statement of the plain, concise and direct statement of the
ultimate facts on which the party pleading relies ultimate facts, including the evidence on which
for his claim or defense, as the case may be, the party pleading relies for his [or her] claim or
omitting the statement of mere evidentiary defense, as the case may be.
facts. (1)
If a cause of action or defense relied on is based
If a defense relied on is based on law, the on law, the pertinent provisions thereof and
pertinent provisions thereof and their their applicability to him or her shall be clearly
applicability to him shall be clearly and and concisely stated.
concisely stated. (n)
Section 6. Judgment. In pleading a judgment or Section 6. Judgment. In pleading a judgment or

decision of a domestic or foreign court, judicial decision of a domestic or foreign court, judicial
or quasi-judicial tribunal, or of a board or or quasi-judicial tribunal, or of a board or
officer, it is sufficient to aver the judgment or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing decision without setting forth matter showing
jurisdiction to render it. (6) jurisdiction to render it. An authenticated copy
of the judgment or decision shall be attached
to the pleading.
Section 9. Official document or act. — In Section 9. Official document or act. – In pleading

pleading an official document or official act, it an official document or official act, it is
is sufficient to aver that the document was sufficient to aver that the document was issued
issued or the act done in compliance with law. or the act was done in compliance with law.
(9)
Section 10. Specific denial. — A defendant Section 10. Specific denial. – A defendant must
must specify each material allegation of fact the specify each material allegation of fact the truth
truth of which he does not admit and, whenever of which he or she does not admit and,
practicable, shall set forth the substance of the whenever practicable, shall set forth the
20
matters upon which he relies to support his substance of the matters upon which he or she
denial. Where a defendant desires to deny only a relies to support his or her denial. Where a
part of an averment, he shall specify so much of defendant desires to deny only a part of an
it as is true and material and shall deny only the averment, he or she shall specify so much of it
remainder. Where a defendant is without as is true and material and shall deny only the
knowledge or information sufficient to form a remainder. Where a defendant is without
belief as to the truth of a material averment knowledge or information sufficient to form a
made to the complaint, he shall so state, and belief as to the truth of a material averment
this shall have the effect of a denial. made [to] the complaint, he or she shall so
state, and this shall have the effect of a denial.
Section 11. Allegations not specifically denied Section 11. Allegations not specifically denied The provision regarding usury was omitted in the
deemed admitted. Material averment in the deemed admitted. Material averments in a amendments.
complaint, other than those as to the amount of pleading asserting a claim or claims, other than
unliquidated damages, shall be deemed those as to the amount of unliquidated damages,
admitted when not specifically denied. shall be deemed admitted when not specifically
Allegations of usury in a complaint to recover denied.
usurious interest are deemed admitted if not
denied under oath. (1a, R9)
Section 12. Striking out of pleading or matter Section 12. Affirmative defenses.
contained therein. Upon motion made by a party (a) A defendant shall raise his affirmative
before responding to a pleading or, if no defenses in his answer, which shall be
responsive pleading is permitted by these Rules, limited to the reasons set forth under
upon motion made by a party within twenty (20) Section 5(b), Rule 6, and the following
days after the service of the pleading upon him, grounds:
or upon the court's own initiative at any time, 1. That the court has no
the court may order any pleading to be stricken jurisdiction over the person of
out or that any sham or false, redundant, the defending party;
immaterial, impertinent, or scandalous matter 2. That venue is improperly laid;
be stricken out therefrom. (5, R9) 3. That the plaintiff has no legal
capacity to sue;
4. That the pleading asserting the
claim states no cause of action;
21
and
5. That a condition precedent for
filing the claim has not been
complied with.
(b) Failure to raise the affirmative
defenses at the earliest opportunity
shall constitute a waiver thereof.
(c) The court shall motu proprio resolve
the above affirmative defenses within
thirty (30) calendar days from the
filing of the answer.
(d) As to the other affirmative defenses
under the first paragraph of Section
5(b), Rule 6, the court may conduct a
summary hearing within fifteen (15)
calendar days from the filing of the
answer. Such affirmative defenses shall
be resolved by the court within thirty
(30) calendar days from the
termination of the summary hearing.
(e) Affirmative defenses, if denied, shall

not be the subject of a motion for
reconsideration or petition for
certiorari, prohibition or mandamus,
but may be among the matters to be
raised on appeal after a judgment on
the merits. (n)
There is no Section 13 Section 13. Striking out of pleading or matter

contained therein. Upon motion made by a
party before responding to a pleading or, if no
responsive pleading is permitted by these
Rules, upon motion made by a party within
22
twenty (20) calendar days after the service of

the pleading upon him or her, or upon the
court's own initiative at any time, the court
may order any pleading to be stricken out or
that any sham or false, redundant, immaterial,
impertinent, or scandalous matter be stricken
out therefrom. (12)
RULE 9 — EFFECT OF FAILURE TO PLEAD
Section 3. Default; declaration of. If the Section 3. Default; declaration of. – If the
defending party fails to answer within the time defending party fails to answer within the time
allowed therefor, the court shall, upon motion of allowed therefor, the court shall, upon motion of
the claiming party with notice to the defending the claiming party with notice to the defending
party, and proof of such failure, declare the party, and proof of such failure, declare the
defending party in default. Thereupon, the court defending party in default. Thereupon, the court
shall proceed to render judgment granting the shall proceed to render judgment granting the
claimant such relief as his pleading may claimant such relief as his or her pleading may
warrant, unless the court in its discretion warrant, unless the court in its discretion
requires the claimant to submit evidence. Such requires the claimant to submit evidence. Such
reception of evidence may be delegated to the reception of evidence may be delegated to the
clerk of court. (1a, R18) clerk of court.
(a) Effect of order of default. —A party in

(a) Effect of order of default. — A party in default shall be entitled to notice[s] of
default shall be entitled to notice of subsequent subsequent proceedings but shall not to
proceedings but not to take part in the trial. take part in the trial.
(2a, R18) (b) Relief from order of default. — A party
declared in default may at any time
(b) Relief from order of default. — A party after notice thereof and before
declared in default may at any time after notice judgment, file a motion under oath to
thereof and before judgment file a motion under set aside the order of default upon
oath to set aside the order of default upon proper showing that his or her failure to
proper showing that his failure to answer was answer was due to fraud, accident,
23
due to fraud, accident, mistake or excusable mistake or excusable negligence and

negligence and that he has a meritorious that he or she has a meritorious
defense. In such case, the order of default may defense. In such case, the order of
be set aside on such terms and conditions as the default may be set aside on such terms
judge may impose in the interest of justice. (3a, and conditions as the judge may impose
R18) in the interest of justice.
(c) Effect of partial default. — When a
(c) Effect of partial default. — When a pleading pleading asserting a claim states a
asserting a claim states a common cause of common cause of action against several
action against several defending parties, some of defending parties, some of whom answer
whom answer and the others fail to do so, the and the others fail to do so, the court
court shall try the case against all upon the shall try the case against all upon the
answers thus filed and render judgment upon answers thus filed and render judgment
the evidence presented. (4a, R18). upon the evidence presented.
(d) Extent of relief to be awarded. — A
(d) Extent of relief to be awarded. — A judgment rendered against a party in
judgment rendered against a party in default default shall [neither] exceed the
shall not exceed the amount or be different in amount or be different in kind from that
kind from that prayed for nor award prayed for nor award unliquidated
unliquidated damages. (5a, R18). damages.
(e) Where no defaults allowed. — If the

defending party in an action for annulment or (e) Where no defaults allowed. — If the
declaration of nullity of marriage or for legal defending party in action for annulment
separation fails to answer, the court shall order or declaration of nullity of marriage or
the prosecuting attorney to investigate whether for legal separation fails to answer, the
or not a collusion between the parties exists, court shall order the Solicitor General
and if there is no collusion, to intervene for the or his or her deputized public
State in order to see to it that the evidence prosecutor, to investigate whether or
submitted is not fabricated. (6a, R18) not a collusion between the parties
exists, and if there is no collusion, to
intervene for the State in order to see to
it that the evidence submitted is not
fabricated.
24
RULE 10 — AMENDED AND SUPPLEMENTAL PLEADINGS
Section 2. Amendments as a matter of right. A Section 2. Amendments as a matter of right. A From days to calendar days.
party may amend his pleading once as a matter party may amend his [or her] pleading once as a
of right at any time before a responsive pleading matter of right at any time before a responsive
is served or, in the case of a reply, at any time pleading is served or, in the case of a reply, at
within ten (10) days after it is served. any time within ten (10) calendar days after it is
served
Section 3. Amendments by Leave of Court. — Section 3. Amendments by Leave of Court. — From directory to mandatory for the court to
Except as provided in the next preceding Except as provided in the next preceding deny leave if the motion was made with intent
section, substantial amendments may be made Section, substantial amendments may be made to delay, confer jurisdiction on the court, or the
only upon leave of court. But such leave may be only upon leave of court. But such leave shall be pleading stated no cause of action from the
refused if it appears to the court that the refused if it appears to the court that the beginning, which could be amended.
motion was made with intent to delay. motion was made with intent to delay or confer
jurisdiction on the court, or the pleading The second paragraph is the same.
Orders of the court upon the matters provided in stated no cause of action from the beginning
this section shall be made upon motion filed in which could be amended.
court, and after notice to the adverse party, and
an opportunity to be heard. Orders of the court upon the matters provided in
this section shall be made upon motion filed in
court, and after notice to the adverse party, and
an opportunity to be heard.
Section 5. Amendment to Conform to or Section 5. No Amendment Necessary to Conform The amendment even by the title of the section
Authorize Presentation of Evidence. When issues to or Authorize Presentation of Evidence. When provides that NO amendment is necessary to
not raised by the pleadings are tried with the issues not raised by the pleadings are tried with conform to or authorize presentation of
express or implied consent of the parties, they the express or implied consent of the parties, evidence.
shall be treated in all respects as if they had they shall be treated in all respects as if they
been raised in the pleadings. Such amendment had been raised in the pleadings. No
of the pleadings as may be necessary to cause amendment of such pleadings deemed
them to conform to the evidence and to raise amended is necessary to cause them to
these issues may be made upon motion of any conform to the evidence.
party at any time, even after judgment; but
25
failure to amend does not affect the result of

the trial of these issues. If evidence is objected
to at the trial on the ground that it is not within
the issues made by the pleadings, the court may
allow the pleadings to be amended and shall do
so with liberality if the presentation of the
merits of the action and the ends of substantial
justice will be subserved thereby. The court may
grant a continuance to enable the amendment
to be made
Section 6. Supplemental Pleadings. Upon motion Section 6. Supplemental Pleadings. Upon motion
of a party the court may, upon reasonable notice of a party, the court may, upon reasonable
and upon such terms as are just, permit him to notice and upon such terms as are just, permit
serve a supplemental pleading setting forth him or her to serve a supplemental pleading
transactions, occurrences or events which have setting forth transactions, occurrences or events
happened since the date of the pleading sought which have happened since the date of the
to be supplemented. The adverse party may pleading sought to be supplemented. The
plead thereto within ten (10) days from notice adverse party may plead thereto within ten (10)
of the order admitting the supplemental calendar days from notice of the order
pleading admitting the supplemental pleading.
Section 8. Effect of amended pleadings. An Section 8. Effect of amended pleadings. An The admissions in the superseded pleading may
amended pleading supersedes the pleading that amended pleading supersedes the pleading that be offered, but not necessarily received in
it amends. However, admissions in superseded it amends. However, admissions in superseded evidence.
pleadings may be received in evidence against pleadings may be offered in evidence against
the pleader; and claims or defenses alleged the pleader, and claims or defenses alleged
therein not incorporated in the amended therein not incorporated in the amended
pleading shall be deemed waived pleading shall be deemed waived
RULE 11 — WHEN TO FILE RESPONSIVE PLEADINGS
Section 1. Answer to the complaint. The Section 1. Answer to the complaint. The Longer period to file an answer under the
defendant shall file his answer to the complaint defendant shall file his or her answer to the amended code.
26
within fifteen (15) days after service of complaint within thirty (30) calendar days after
summons, unless a different period is fixed by service of summons, unless a different period is
the court fixed by the court
Section 2. Answer of a defendant foreign private Section 2. Answer of a defendant foreign private From 30 to 60 calendar days.
juridical entity. Where the defendant is a foreign juridical entity. Where the defendant is a foreign
private juridical entity and service of summons private juridical entity and service of summons
is made on the government official designated is made on the government official designated
by law to receive the same, the answer shall be by law to receive the same, the answer shall be
filed within thirty (30) days after receipt of filed within sixty (60) calendar days after
summons by such entity. receipt of summons by such entity.
Section 3. Answer to Amended Complaint. Where Section 3. Answer to Amended Complaint. From 15 to 30 calendar days.
the plaintiff files an amended complaint as a [When] the plaintiff files an amended complaint Second paragraph is increased from 10 to 15
matter of right, the defendant shall answer the as a matter of right, the defendant shall answer calendar days.
same within fifteen (15) days after being served the same within thirty (30) calendar days after
with a copy thereof. being served with a copy thereof.
Where its filing is not a matter of right, the Where its filing is not a matter of right, the
defendant shall answer the amended complaint defendant shall answer the amended complaint
within ten (10) days from notice of the order of within fifteen (15) calendar days from notice of
admitting the same. An answer earlier filed may the order admitting the same. An answer earlier
serve as the answer to the amended complaint if filed may serve as the answer to the amended
no new answer is filed. complaint if no new answer is filed.
This Rule shall apply to the answer to an This Rule shall apply to the answer to an
amended counterclaim, amended crossclaim, amended counterclaim, amended cross-claim,
amended third (fourth, etc.)-party complaint, amended third (fourth, etc.)-party complaint,
and amended complaint-in-intervention and amended complaint-in-intervention.
Section 4. Answer to counterclaim or crossclaim. Section 4. Answer to counterclaim or crossclaim. From 10 to 20 calendar days.
A counterclaim or crossclaim must be answered A counterclaim or crossclaim must be answered
within ten (10) days from service. within twenty (20) calendar days from service.
27
Section 6. Reply. A reply may be filed within ten Section 6. Reply. A reply, if allowed under
(10) days from service of the pleading responded Section 10, Rule 6 hereof, may be filed within
to. fifteen (15) calendar days from service of the
pleading responded to.
Section 7. Answer to supplemental complaint. A Section 7. Answer to supplemental complaint. A From 10 to 20 calendar days.
supplemental complaint may be answered within supplemental complaint may be answered within
ten (10) days from notice of the order admitting twenty (20) calendar days from notice of the
the same, unless a different period is fixed by order admitting the same, unless a different
the court. The answer to the complaint shall period is fixed by the court. The answer to the
serve as the answer to the supplemental complaint shall serve as the answer to the
complaint if no new or supplemental answer is supplemental complaint if no new or
filed. supplemental answer is filed.
Section 8. Existing Counterclaim or CrossClaim. Section 8. Existing Counterclaim or CrossClaim. Gender sensitivity.
A compulsory counterclaim or a cross-claim that A compulsory counterclaim or a cross-claim that
a defending party has at the time he files his a defending party has at the time he or she files
answer shall be contained therein. his or her answer shall be contained therein.
Section 9. Counterclaim or Cross-Claim Arising Section 9. Counterclaim or Cross-Claim Arising

After Answer. A counterclaim or cross-claim After Answer. A counterclaim or cross-claim
which either matured or was acquired by a party which either matured or was acquired by a party
after serving his pleading may, with the after serving his or her pleading may, with the
permission of the court, be presented as a permission of the court, be presented as a
counterclaim or a cross-claim by supplemental counterclaim or a cross-claim by supplemental
pleading before judgment. pleading before judgment.
Section 10. Omitted Counterclaim or CrossClaim. Section 10. Omitted Counterclaim or CrossClaim.
When a pleader fails to set up a counterclaim or When a pleader fails to set up a counterclaim or
a cross-claim through oversight, inadvertence, a crossclaim through oversight, inadvertence, or
or excusable neglect, or when justice requires, excusable neglect, or when justice requires, he
he may, by leave of court, set up the or she may, by leave of court, set up the
counterclaim or cross-claim by amendment counterclaim or crossclaim by amendment
before judgment. before judgment.
28
Section 11. Extension of Time to Plead. Upon Section 11. Extension of Time to File an Answer. This provision only now applies to extension of
motion and on such terms as may be just, the A defendant may, for meritorious reasons, be time to file an answer. It shall only be up to 30
court may extend the time to plead provided in granted an additional period of not more than days and shall only be allowed once.
these Rules. thirty (30) calendar days to file an answer. A
defendant is only allowed to file one (1) Second paragraph prohibits the filing of motion
The court may also, upon like terms, allow an motion for extension of time to file an answer. for extension of time to file a pleading other ahn
answer or other pleading to be filed after the the answer.
time fixed by these Rules. A motion for extension to file any pleading,
other than an answer, is prohibited and
considered a mere scrap of paper. The court,
however, may allow any other pleading to be
filed after the time fixed by these Rules.
RULE 12 — BILL OF PARTICULARS
Section 1. When Applied for; purpose. —Before Section 1. When Applied for; purpose. — Before From 10 days to 10 calendar days.
responding to a pleading, a party may move for responding to a pleading, a party may move for
a definite statement or for a bill of particulars a definite statement or for a bill of particulars
of any matter which is not averred with of any matter, which is not averred with
sufficient definiteness or particularity to enable sufficient definiteness or particularity, to enable
him properly to prepare his responsive pleading. him or her properly to prepare his or her
If the pleading is a reply, the motion must be responsive pleading. If the pleading is a reply,
filed within ten (10) days from service thereof. the motion must be filed within ten (10)
Such motion shall point out the defects calendar days from service thereof. Such motion
complained of, the paragraphs wherein they are shall point out the defects complained of, the
contained, and the details desired. paragraphs wherein they are contained, and the
details desired.
Section 3. Compliance with Order. If the motion Section 3. Compliance with Order. If the motion From 10 days to 10 calendar days.
is granted, either in whole or in part, the is granted, either in whole or in part, the
compliance therewith must be effected within compliance therewith must be effected within
ten (10) days from notice of the order, unless a ten (10) calendar days from notice of the order,
different period is fixed by the court. The bill of unless a different period is fixed by the court.
particulars or a more definite statement ordered The bill of particulars or a more definite
29
by the court may be filed either in a separate or statement ordered by the court may be filed
in an amended pleading, serving a copy thereof either in a separate or in an amended pleading,
on the adverse party. serving a copy thereof on the adverse party.
Section 5. Stay of Period to File Responsive Section 5. Stay of period to file responsive
Pleading. After service of the bill of particulars pleading. After service of the bill of particulars
or of a more definite pleading, or after notice of or of a more definite pleading, or after notice of
denial of his motion, the moving party may file denial of his or her motion, the moving party
his responsive pleading within the period to may file his or her responsive pleading within
which he was entitled at the time of filing his the period to which he or she was entitled at
motion, which shall not be less than five (5) days the time of filing his or her motion, which shall
in any event not be less than five (5) calendar days in any
event
RULE 13 — FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
Section 1. Coverage. This Rule shall govern the Section 1. the filing of all pleadings and other The amendment specifies that the rule also
filing of all pleadings and other papers, as well papers, as well as the service thereof, except covers motions and other court submissions, in
as the service thereof, except those for which a those for which a different mode of service is addition to pleadings. It may also contemplate
different mode of service is prescribed. prescribed. Coverage. This Rule shall govern the filings of submissions that are not paper-based,
filing of all pleadings, motions and other court e.g. e-mails.
submissions, as well as the service thereof,
except those for which a different mode of
service is prescribed.
Section 2. Filing and Service, Defined. — Filing is Section 2. Filing and Service, Defined. — Filing is Filing definition was changed from presenting
the act of presenting the pleading or other the act of submitting the pleading or other the pleading to submitting the pleading. The
paper to the clerk of court. paper to the court. entity to which it is submitted is also changed -
it is now done when the pleading is submitted to
Service is the act of providing a party with a Service is the act of providing a party with a the Court.
copy of the pleading or paper concerned. If any copy of the pleading or or any other court
party has appeared by counsel, service upon him submission. If a party has appeared by counsel, Under the old rule, service is made through
shall be made upon his counsel or one of them, service upon such party shall be made upon his counsel, if a party has appeared by counsel,
unless service upon the party himself is ordered or her counsel or one of them, unless service unless service upon the party himself is ordered
30
by the court. upon the party and the party’s counsel is by the court. With the amendment, if a party
ordered by the court. appears by counsel service shall be made upon
Where one counsel appears for several parties, counsel, unless the court orders service upon
he shall only be entitled to one copy of any Where one counsel appears for several parties, both the counsel and the party.
paper served upon him by the opposite side. such counsel shall only be entitled to one copy
of any paper served upon him by the opposite The last paragraph is new. This provision
side. provides the different instances when a party is
represented by several counsels.
Where several counsels 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 is there no designation of a lead
counsel.
Section 3. Manner of Filing. The filing of Section 3. Manner of Filing. The filing of
pleadings, appearances, motions, notices, pleadings and other court submissions shall be
orders, judgments and all other papers shall be made by:
made by presenting the original copies thereof,
plainly indicated as such, personally to the clerk (a) Submitting personally the original thereof,
of court or by sending them by registered mail. plainly indicated as such, to the court;
In the first case, the clerk of court shall endorse (b) Sending them by registered mail;
on the pleading the date and hour of filing. In
the second case, the date of the mailing of (c) Sending them by accredited courier; or
motions, pleadings, or any other papers or
payments or deposits, as shown by the post (d) Transmitting them by electronic mail or
office stamp on the envelope or the registry other electronic means as may be authorized
receipt, shall be considered as the date of their by the Court in places where the court is
filing, payment, or deposit in court. The electronically equipped.
envelope shall be attached to the record of the
case In the first case, the clerk of court shall endorse
on the pleading the date and hour of filing. In
the second and third cases, the date of the
31
mailing of motions, pleadings, and other court

submissions, and payments or deposits, as
shown by the post office stamp on the envelope
or the registry receipt, shall be considered as
the date of their filing, payment, or deposit in
court. The envelope shall be attached to the
record of the case. In the fourth case, the date
of electronic transmission shall be considered
as the date of filing.
Section 5. Modes of service. Service of Section 5. Modes of Service. Pleadings, motions,

pleadings, motions, notices, orders, judgments notices, orders, judgments, and other court
and other papers shall be made either personally submissions shall be served personally or by
or by mail registered mail, accredited courier, electronic
mail, facsimile transmission, other electronic
means as may be authorized by the [c]ourt, or
as provided for in international conventions to
which the Philippines is a party.
Section 6. Personal Service. Service of the Section 6. Personal service. Court submissions The amendment qualifies that the personal
papers may be made by delivering personally a may be served by personal delivery of a copy service under this section applies to court
copy to the party or his counsel, or by leaving it to the party or to the party’s counsel, or to submissions.
in his office with his clerk or with a person their authorized representative named in the
having charge thereof. If no person is found in appropriate pleading or motion, or by leaving it
his office, or his office is not known, or he has in his or her office with his or her clerk, or with
no office, then by leaving the copy, between the a person having charge thereof. If no person is
hours of eight in the morning and six in the found in his or her office, or his or her office is
evening, at the party's or counsel's residence, if not known, or he or she has no office, then by
known, with a person of sufficient age and leaving the copy, between the hours of eight in
discretion then residing therein. the morning and six in the evening, at the
party's or counsel's residence, if known, with a
person of sufficient age and discretion residing
therein.
32
Section 7. Service by Mail. Service by registered Section 7. Service by Mail. Service by registered The provision in the old and amended rules are
mail shall be made by depositing the copy in the mail shall be made by depositing the copy in the essentially the same except for gender
office, in a sealed envelope, plainly addressed post office, in a sealed envelope, plainly sensitivity changes and the 10 day period was
to the party or his counsel at his office, if addressed to the party or to the party's counsel changed to 10 calendar days.
known, otherwise at his residence, if known, at his or her office, if known, otherwise at his
with postage fully prepaid, and with instructions or her residence, if known, with postage fully
to the postmaster to return the mail to the pre-paid, and with instructions to the
sender after ten (10) days if undelivered. If no postmaster to return the mail to the sender
registry service is available in the locality of after ten (10) calendar days if undelivered. If no
either the sender or the addressee, service may registry service is available in the locality of
be done by ordinary mail. either the sender or the addressee, service may
be done by ordinary mail
Section 8. Substituted Service. If service of Section 8. Substituted Service. If service of The old and amended provisions are the same,
pleadings, motions, notices, resolutions, orders pleadings, motions, notices, resolutions, orders except for the amendment addressing gender
and other papers cannot be made under the two and other papers cannot be made under the two sensitivity.
preceding sections, the office and place of preceding sections, the office and place of
residence of the party or his counsel being residence of the party or his or her counsel
unknown, service may be made by delivering the being unknown, service may be made by
copy to the clerk of court, with proof of failure delivering the copy to the clerk of court, with
of both personal service and service by mail. The proof of failure of both personal service and
service is complete at the time of such delivery service by mail. The service is complete at the
time of such delivery.
Section 9. Service of Judgments, Final Orders or Section 9. Service by Electronic Means and The new Section 9 pertains to the manner of
Resolutions. Judgments, final orders or Facsimile. Service by electronic means and service by electronic means and facsimile, which
resolutions shall be served either personally or facsimile shall be made if the party concerned may only be done if the party concerned
by registered mail. When a party summoned by consents to such modes of service. consents to such mode of service.
publication has failed to appear in the action,
judgments, final orders or resolutions against Service by electronic means shall be made by
him shall be served upon him also by publication sending an email to the party's or counsel's
at the expense of the prevailing party electronic mail address, or through other
electronic means of transmission as the parties
may agree on, or upon direction of the court.
33
Service by facsimile shall be made by sending

a facsimile copy to the party's or counsel's
given facsimile number.
Section 10. Completeness of Service. Personal Section 10. Presumptive Service. There shall be In the amended rules, the proceedings may
service is complete upon actual delivery. Service presumptive notice to a party of a court proceed with the presumption 55 that the other
by ordinary mail is complete upon the expiration setting if such notice appears on the records party received notice.
of ten (10) days after mailing, unless the court to have been mailed at least twenty (20)
otherwise provides. Service by registered mail is calendar days prior to the scheduled date of
complete upon actual receipt by the addressee, hearing and if the addressee is from within the
or after five (5) days from the date he received same judicial region of the court where the
the first notice of the postmaster, whichever case is pending, or at least thirty (30) calendar
date is earlier days if the addressee is from outside the
judicial region.
Section 11. Priorities in Modes of Service and Section 11. Change of Electronic Mail Address or Under the amendment, any change in email
Filing. Whenever practicable, the service and Facsimile Number. A party who changes his or address or facsimile number must be make
filing of pleadings and other papers shall be her electronic mail address or facsimile known to the court and to the parties within 5
done personally. Except with respect to papers number while the action is pending must days from such change.
emanating from the court, a resort to other promptly file, within five (5) calendar days
modes must be accompanied by a written from such change, a notice of change of email
explanation why the service or filing was not address or facsimile number with the court
done personally. A violation of this Rule may be and serve the notice on all other parties.
cause to consider the paper as not filed Service through the electronic mail address or
facsimile number of a party shall be presumed
valid unless such party notifies the court of
any change, as aforementioned.
Service through the electronic mail address or

facsimile number of a party shall be presumed
valid unless such party notifies the court of
any change, as aforementioned.
34
Section 12. Proof of filing. The filing of a Section 12. Electronic Mail and Facsimile Section 12 under the amended rules is new and
pleading or paper shall be proved by its Subject and Title of Pleadings and Other it deals with the format for filing by email or
existence in the record of the case. If it is not in Documents.The subject of the electronic mail facsimile.
the record, but is claimed to have been filed and facsimile must follow the prescribed
personally, the filing shall be proved by the format: case number, case title and the
written or stamped acknowledgment of its filing pleading, order or document title. The title of
by the clerk of court on a copy of the same; if each electronically-filed or served pleading or
filed by registered mail, by the registry receipt other document, and each submission served
and by the affidavit of the person who did the by facsimile shall contain sufficient
mailing, containing a full statement of the date information to enable the court to ascertain
and place of depositing the mail in the post from the title: (a) the party or parties filing or
office in a sealed envelope addressed to the serving the paper, (b) nature of the paper, (c)
court, with postage fully prepaid, and with the party or parties against whom relief, if
instructions to the postmaster to return the mail any, is sought, and (d) the nature of the relief
to the sender after ten (10) days if not sought.
delivered.
Section 9. Service of Judgments, Final Orders or Section 13. Service of Judgments, Final Orders This provision should be read with Rule 13,
Resolutions. Judgments, final orders or or Resolutions. Judgments, final orders, or Sections 3 and 14.
resolutions shall be served either personally or resolutions shall be served either personally or
by registered mail. When a party summoned by by registered mail. Upon ex parte motion of
publication has failed to appear in the action, any party in the case, a copy of the judgment,
judgments, final orders or resolutions against final order, or resolution may be delivered by
him shall be served upon him also by publication accredited courier at the expense of such
at the expense of the prevailing party. party. When a party summoned by publication
has failed to appear in the action, judgments,
Section 13. Proof of Service. Proof of personal final orders or resolutions against him or her
service shall consist of a written admission of shall be served upon him or her also by means of
the party served, or the official return of the publication at the expense of the prevailing
server, or the affidavit of the party serving, party.
containing a full statement of the date, place
and manner of service. If the service is by
ordinary mail, proof thereof shall consist of an
affidavit of the person mailing of facts showing
35
compliance with Section 7 of this Rule. If service

is made by registered mail, proof shall be made
by such affidavit and the registry receipt issued
by the mailing office. The registry return card
shall be filed immediately upon its receipt by
the sender, or in lieu thereof the unclaimed
letter together with the certified or sworn copy
of the notice given by the postmaster to the
addressee.
Section 14. Notice of Lis Pendens. In an action Section 14. Conventional Service or Filing of This provision should be read together with Rule
affecting the title or the right of possession of Orders, Pleadings and Other Documents. 13, Sections 3 and 13.
real property, the plaintiff and the defendant, Notwithstanding the foregoing, the following
when affirmative relief is claimed in his answer, orders, pleadings, and other documents must
may record in the office of the registry of deeds be served or filed personally or by registered
of the province in which the property is situated mail when allowed, and shall not be served or
a notice of the pendency of the action. Said filed electronically, unless express permission
notice shall contain the names of the parties and is granted by the Court:
the object of the action or defense, and a
description of the property in that province (a) Initiatory pleadings and initial
affected thereby. Only from the time of filing responsive pleadings, such as an
such notice for record shall a purchaser, or answer;
encumbrancer of the property affected thereby,
be deemed to have constructive notice of the (b) Subpoenae, protection orders, and
pendency of the action, and only of its pendency writs;
against the parties designated by their real
names. (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
36
records.
Section 10. Completeness of Service. Personal Section 15. Completeness of Service. Personal This new insertion may be compared with the
service is complete upon actual delivery. Service service is complete upon actual delivery. Service old Section 10, which deals with the same
by ordinary mail is complete upon the expiration by ordinary mail is complete upon the expiration subject matter of completeness of service
of ten (10) days after mailing, unless the court of ten (10) calendar days after mailing, unless
otherwise provides. Service by registered mail is the court otherwise provides. Service by
complete upon actual receipt by the addressee, registered mail is complete upon actual receipt
or after five (5) days from the date he received by the addressee, or after five (5) calendar days
the first notice of the postmaster, whichever from the date he or she received the first notice
date is earlier. of the postmaster, whichever date is earlier.
Service by accredited courier is complete
upon actual receipt by the addressee, or after
at least two (2) attempts to deliver by the
courier service, or upon the expiration of five
(5) calendar days after the first attempt to
deliver, whichever is earlier.
Electronic service is complete at the time of

the electronic transmission of the document,
or when available, at the time that the
electronic notification of service of the
document is sent. Electronic service is not
effective or complete if the party serving the
document learns that it did not reach the
addressee or person to be served.
Service by facsimile transmission is complete

upon receipt by the other party, as indicated
in the facsimile transmission printout.
Section 12. Proof of filing. The filing of a Section 16. Proof of Filing. The filing of a This new insertion may be compared with the
pleading or paper shall be proved by its pleading or any other court submission shall be old Section 12, which deals with the same
existence in the record of the case. If it is not in proved by its existence in the record of the subject matter of proof of filing.
37
the record, but is claimed to have been filed case.

personally, the filing shall be proved by the The term paper” under the old rule was changed
written or stamped acknowledgment of its filing (a) If the pleading or any other court to any other court submission”. Proof of personal
by the clerk of court on a copy of the same; if submission is not in the record, but is filing is still the same under the amendment as
filed by registered mail, by the registry receipt claimed to have been filed personally, with the old rule.
and by the affidavit of the person who did the the filing shall be proven by the written
mailing, containing a full statement of the date or stamped acknowledgment of its filing Paragraph C, D, and E are new provisions.
and place of depositing the mail in the post by the clerk of court on a copy of the
office in a sealed envelope addressed to the pleading or court submission;
court, with postage fully prepaid, and with
instructions to the postmaster to return the mail (b) If the pleading or any other court
to the sender after ten (10) days if not submission was filed by registered mail,
delivered. the filing shall be proven by the
registry receipt and by the affidavit of
the person who mailed it, containing a
full statement of the date and place of
deposit of the mail in the post office in
a sealed envelope addressed to the
court, with postage fully prepaid, and
with instructions to the postmaster to
return the mail to the sender after ten
(10) calendar days if not delivered.
(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 to the
service provider, together with the
courier's official receipt and document
tracking number.
(d) If the pleading or any other court
38
submission was filed by electronic

mail, the same shall be proven by an
affidavit of electronic filing of the
filing party accompanied by a paper
copy of the pleading or other
document transmitted or a written or
stamped acknowledgment of its filing
by the clerk of court. If the paper copy
sent by electronic mail was filed by
registered mail, paragraph (b) of this
Section applies.
(e) If the pleading or any other court

submission was filed through other
authorized electronic means, the same
shall be proven by an affidavit of
electronic filing of the filing party
accompanied by a copy of the
electronic acknowledgment of its filing
by the court.
Section 13. Proof of Service. Proof of personal Section 17. Proof of Service. Proof of personal This new provision may be compared with the
service shall consist of a written admission of service shall consist of a written admission of old Section 13, which deals with the same
the party served, or the official return of the the party served, or the official return of the subject matter of proof of service.
server, or the affidavit of the party serving, server, or the affidavit of the party serving,
containing a full statement of the date, place containing a statement of the date, place, and
and manner of service. If the service is by manner of service. If the service is made by:
ordinary mail, proof thereof shall consist of an
affidavit of the person mailing of facts showing (a) Ordinary mail. — Proof shall consist of an
compliance with Section 7 of this Rule. If service affidavit of the person mailing stating
is made by registered mail, proof shall be made the facts showing compliance with
by such affidavit and the registry receipt issued Section 7 of this Rule.
by the mailing office. The registry return card
shall be filed immediately upon its receipt by (b) Registered mail. — Proof shall be made
39
the sender, or in lieu thereof the unclaimed by the affidavit mentioned above and
letter together with the certified or sworn copy the registry receipt issued by the mailing
of the notice given by the postmaster to the office. The registry return card shall be
addressee. filed immediately upon its receipt by the
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.
[No such provision in the 1997 Rules of Court.] Section 18. Court-issued Orders and Other This should be read in relation to Section 13,
Documents. The court may electronically Rule 13, which provides that service of
serve orders and other documents to all the judgments, final orders or resolutions shall be
parties in the case which shall have the same done personally or registered mail.
effect and validity as provided herein. A paper
copy of the order or other document Therefore, court records shall be paper-based.
electronically served shall be retained and The purpose of the electronic service is to
attached to the record of the case. ensure prompt receipt.
40
Section 14. Notice of Lis Pendens. In an action Section 19. Notice of Lis Pendens. In an action This new insertion may be compared with the
affecting the title or the right of possession of affecting the title or the right of possession of old Section 14, which deals with the same
real property, the plaintiff and the defendant, real property, the plaintiff and the defendant, subject matter of notice of lis pendens.
when affirmative relief is claimed in his answer, when affirmative relief is claimed in his or her
may record in the office of the registry of deeds answer, may record in the office of the registry
of the province in which the property is situated of deeds of the province in which the property is
a notice of the pendency of the action. Said situated a notice of the pendency of the action.
notice shall contain the names of the parties and Said notice shall contain the names of the
the object of the action or defense, and a parties and the object of the action or defense,
description of the property in that province and a description of the property in that
affected thereby. Only from the time of filing province affected thereby. Only from the time of
such notice for record shall a purchaser, or filing such notice for record shall a purchaser, or
encumbrancer of the property affected thereby, encumbrancer of the property affected thereby,
be deemed to have constructive notice of the be deemed to have constructive notice of the
pendency of the action, and only of its pendency pendency of the action, and only of its pendency
against the parties designated by their real against the parties designated by their real
names. names.
The notice of lis pendens hereinabove The notice of lis pendens hereinabove
mentioned may be cancelled only upon order of mentioned may be cancelled only upon order of
the court, after proper showing that the notice the court, after proper showing that the notice
is for the purpose of molesting the adverse is for the purpose of molesting the adverse
party, or that it is not necessary to protect the party, or that it is not necessary to protect the
rights of the party who caused it to be recorded. rights of the party who caused it to be recorded.
RULE 14 - SUMMONS
Section 1. Clerk to Issue Summons. Upon the Section 1. Clerk to issue summons. Unless the
filing of the complaint and the payment of the complaint is on its face dismissible under
requisite legal fees, the clerk of court shall Section 1, Rule 9, the court shall, within five
forthwith issue the corresponding summons to (5) calendar days from receipt of the initiatory
the defendants. pleading and proof of payment of the requisite
legal fees, direct the clerk of court to issue the
corresponding summons to the defendants.
41
Section 2. Contents. The summons shall be Section 2. Contents. The summons shall be
directed to the defendant, signed by the clerk of directed to the defendant, signed by the clerk of
court under seal, and contain: court under seal, and contain:
(a) the name of the court and the names of (a) The name of the court and the names of
the parties to the action; the parties to the action;
(b) a direction that the defendant answer (b) When authorized by the court upon ex
within the time fixed by these Rules; parte motion, an authorization for the
(c) a notice that unless the defendant so plaintiff to serve summons to the
answers, plaintiff will take judgment by defendant;
default and may be granted the relief (c) A direction that the defendant answer
applied for. within the time fixed by these Rules;
and
A copy of the complaint and order for (d) A notice that unless the defendant so
appointment of guardian ad litem, if any, shall answers, plaintiff will take judgment by
be attached to the original and each copy of the default and may be granted the relief
summons. applied for.
A copy of the complaint and order for

appointment of guardian ad litem, if any, shall
be attached to the original and each copy of the
summons.
Section 3. By Whom Served. The summons may Section 3. By whom served. The summons may
be served by the sheriff, his deputy, or other be served by the sheriff, his or her deputy, or
proper court officer, or for justifiable reasons by other proper court officer, and in case of failure
any suitable person authorized by the court of service of summons by them, the court may
issuing the summons. authorize the plaintiff - to serve the summons
- together with the sheriff.
In cases where summons is to be served

outside the judicial region of the court where
the case is pending, the plaintiff shall be
authorized to cause the service of summons.
42
If the plaintiff is a juridical entity, it shall

notify the court, in writing, and name its
authorized representative therein, attaching a
board resolution or secretary’s certificate
thereto, as the case may be, stating that such
representative is duly authorized to serve the
summons on behalf of the plaintiff.
If the plaintiff misrepresents that the

defendant was served summons, and it is later
proved that no summons was served, the case
shall be dismissed with prejudice, the
proceedings shall be nullified, and the plaintiff
shall be meted appropriate sanctions.
If summons is returned without being served

on any or all the defendants, the court shall
order the plaintiff to cause the service of
summons by other means available under the
Rules.
Failure to comply with the order shall cause

the dismissal of the initiatory pleading without
prejudice.
Section 4. Return. When the service has been Section 20. Return. Within thirty (30) calendar
completed, the server shall, within five (5) days days from issuance of summons by the clerk of
therefrom, serve a copy of the return, court and receipt thereof, the sheriff or
personally or by registered mail, to the process server, or person authorized by the
plaintiff's counsel, and shall return the summons court, shall complete its service. Within five
to the clerk who issued it, accompanied by proof (5) calendar days from service of summons,
of service. the server shall file with the court and serve a
copy of the return to the plaintiff’s counsel,
personally, by registered mail, or by electronic
43
means authorized by the Rules.
Should substituted service have been

effected, the return shall state the following:
(1) The impossibility of prompt personal
service within a period of thirty (30)
calendar days from issue and receipt of
summons;
(2) The date and time of the three (3)
attempts on at least two (2) different
dates to cause personal service and
the details of the inquiries made to
locate the defendant residing thereat;
and
(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 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 5. Issuance of Alias Summons. If a Section 4. Validity of summons and issuance of

summons is returned without being served on alias summons. Summons shall remain valid
any or all of the defendants, the server shall until duly served, unless it is recalled by the
also serve a copy of the return on the plaintiff's court. In case of loss or destruction of
counsel, stating the reasons for the failure of summons, the court may, upon motion, issue
service, within five (5) days therefrom. In such a an alias summons.
case, or if the summons has been lost, the clerk,
on demand of the plaintiff, may issue an alias There is failure of service after unsuccessful
44
summons. attempts to personally serve the summons on

the defendant in his or her address indicated
in the complaint. Substituted service should
be in the manner provided under Section 6 of
this Rule.
Section 6. Service in Person on Defendant. Section 5. Service in person on defendant.

Whenever practicable, the summons shall be Whenever practicable, the summons shall be
served by handing a copy thereof to the served by handing a copy thereof to the
defendant in person, or, if he refuses to receive defendant in person and informing the
and sign for it, by tendering it to him. defendant that he or she is being served, or, if
he or she refuses to receive and sign for it, by
leaving the summons within the view and in
the presence of the defendant.
Section 7. Substituted Service. If, for justifiable Section 6. Substituted service. If, for justifiable
causes, the defendant cannot be served within a causes, the defendant cannot be served
reasonable time as provided in the preceding personally after at least three (3) attempts on
section, service may be effected two (2) different dates, service may be
(a) by leaving copies of the summons at the effected:
defendant's residence with some person (a) By leaving copies of the summons at the
of suitable age and discretion then defendant’s residence to a person at
residing therein, or least eighteen (18) years of age and of
sufficient discretion residing therein;
(b) by leaving the copies at defendant's (b) By leaving copies of the summons at the
office or regular place of business with defendant’s office or regular place of
some competent person in charge business with some competent person in
thereof. charge thereof. A competent person
includes, but is not limited to, one who
customarily receives correspondences
for the defendant;
(c) By leaving copies of the summons, if
refused entry upon making his or her
authority and purpose known, with any
45
of the officers of the homeowners’

association or condominium
corporation, or its chief security
officer in charge of the community or
the building where the defendant may
be found; and
(d) By sending an electronic mail to the
defendant’s electronic mail address, if
allowed by the court.
Section 8. Service Upon Entity Without Juridical Section 7. Service upon entity without juridical
Personality. When persons associated in an entity personality. When persons associated in an
without juridical personality are sued under the entity without juridical personality are sued
name by which they are generally or commonly under the name by which they are generally or
known, service may be effected upion all the commonly known, service may be effected upon
defendants by serving upon any one of them, or all the defendants by serving upon any one of
upon the person in charge of the office or place them, or upon the person in charge of the office
of business maintained in such name. But such or place of business maintained in such name.
service shall not bind individually any person But such service shall not bind individually any
whose connection with the entity has, upon due person whose connection with the entity has,
notice, been severed before the action was upon due notice, been severed before the action
brought. was filed.
Section 9. Service Upon Prisoners. When the Section 8. Service upon prisoners. When the
defendant is a prisoner confined in a jail or defendant is a prisoner confined in a jail or
institution, service shall be effected upon him institution, service shall be effected upon him or
by the officer having the management of such her by the officer having the management of
jail or institution who is deemed deputized as a such jail or institution who is deemed as a
special sheriff for said purpose. special sheriff for said purpose. The jail warden
shall file a return within five (5) calendar days
from service of summons to the defendant.
[No such provision in the 1997 Rules of Court.] Section 9. Service consistent with
international conventions. Service may be
46
made through methods which are consistent

with established international conventions to
which the Philippines is a party.
Section 10. Service Upon Minors and Section 10. Service upon minors and
Incompetents. When the defendant is a minor, incompetents. When the defendant is a minor,
insane or otherwise an incompetent, service insane or otherwise an incompetent person,
shall be made upon him personally and on his service of summons shall be made upon him or
legal guardian if he has one, or if none, upon his her personally and on his or her legal guardian if
guardian ad litem whose appointment shall be he or she has one, or if none, upon his or her
applied for by the plaintiff. In the case of a guardian ad litem whose appointment shall be
minor, service may also be made on his father or applied for by the plaintiff. In the case of a
mother. minor, service shall be made on his or her
parent or guardian.
[No such provision in the 1997 Rules of Court.] Section 11. Service upon spouses. When
spouses are sued jointly, service of summons
should be made to each spouse individually.
Section 11. Service Upon Domestic Private Section 12. Service upon domestic private
Juridical Entity. When the defendant is a juridical entity. When the defendant is a
corporation, partnership or association corporation, partnership or association
organized under the laws of the Philippines with organized under the laws of the Philippines with
a juridical personality, service may be made on a juridical personality, service may be made on
the president, managing partner, general the president, managing partner, general
manager, corporate secretary, treasurer, or manager, corporate secretary, treasurer, or in-
in-house counsel. house counsel of the corporation wherever
they may be found, or in their absence or
unavailability, on their secretaries.
If such service cannot be made upon any of

the foregoing persons, it shall be made upon
the person who customarily receives the
correspondence for the defendant at its
47
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.
Should there be a refusal on the part of the

persons above-mentioned to receive summons
despite at least three (3) attempts on two (2)
different dates, service may be made
electronically, if allowed by the court, as
provided under Section 6 of this Rule.
[No such provision in the 1997 Rules of Court.] Section 13. Duty of counsel of record. Where
the summons is improperly served and a
lawyer makes a special appearance on behalf
of the defendant to, among others, question
the validity of service of summons, the
counsel shall be deputized by the court to
serve summons on his or her client.
Section 12. Service upon foreign private juridical Section 14. Service upon foreign private
entity. When the defendant is a foreign private juridical entities. When the defendant is a
juridical entity which has transacted business in foreign private juridical entity which has
the Philippines, service may be made on its transacted or is doing business in the
resident agent designated in accordance with Philippines, as defined by law, service may be
law for that purpose, or, if there be no such made on its resident agent designated in
agent, on the government official designated by accordance with law for that purpose, or, if
law to that effect, or on any of its officers or there be no such agent, on the government
agents within the Philippines. official designated by law to that effect, or on
any of its officers, agents, directors or trustees
within the Philippines.
48
If the foreign private juridical entity is not

registered in the Philippines, or has no
resident agent but has transacted or is doing
business in it, as defined by law, such service
may, with leave of court, be effected outside
of the Philippines through any of the following
means:
(a) By personal service coursed through
the appropriate court in the foreign
country with the assistance of the
Department of Foreign Affairs;
(b) By publication once in a newspaper of
general circulation in the country
where the defendant may be 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;
(d) By electronic means with the
prescribed proof of service; or
(e) By such other means as the court, in
its discretion, may direct.
Section 13. Service Upon Public Corporations. Section 15. Service upon public corporations. –
When the defendant is the Republic of the When the defendant is the Republic of the
Philippines, service may be effected on the Philippines, service may be effected on the
Solicitor General; in case of a province, city or Solicitor General; in case of a province, city or
municipality, or like public corporations, service municipality, or like public corporations, service
may be effected on its executive head, or on may be effected on its executive head, or on
such other officer or officers as the law or the such other officer or officers as the law or the
court may direct. court may direct.
Section 14. Service Upon Defendant Whose Section 16. Service upon defendant whose
49
Identity or Whereabouts are Unknown. In any identity or whereabouts are unknown. In any
action where the defendant is designated as an action where the defendant is designated as an
unknown owner, or the like, or whenever his unknown owner, or the like, or whenever his or
whereabouts are unknown and cannot be her whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by ascertained by diligent inquiry, within ninety
leave of court, be effected upon him by (90) calendar days from the commencement of
publication in a newspaper of general circulation the action, service may, by leave of court, be
and in such places and for such time as the court effected upon him or her by publication in a
may order. newspaper of general circulation and in such
places and for such time as the court may order.
Any order granting such leave shall specify a

reasonable time, which shall not be less than
sixty (60) calendar days after notice, within
which the defendant must answer.
Section 15. Extraterritorial Service. When the Section 17. Extraterritorial service. When the
defendant does not reside and is not found in defendant does not reside and is not found in
the Philippines, and the action affects the the Philippines, and the action affects the
personal status of the plaintiff or relates to, or personal status of the plaintiff or relates to, or
the subject of which is, property within the the subject of which is, property within the
Philippines, in which the defendant has or claims Philippines, in which the defendant has or claims
a lien or interest, actual or contingent, or in a lien or interest, actual or contingent, or in
which the relief demanded consists, wholly or in which the relief demanded consists, wholly or in
part, in excluding the defendant from any part, in excluding the defendant from any
interest therein, or the property of the interest therein, or the property of the
defendant has been attached within the defendant has been attached within the
Philippines, service may, by leave of court, be Philippines, service may, by leave of court, be
effected out of the Philippines by personal effected out of the Philippines by personal
service as under Section 6; or by publication in a service as under Section 5; or as provided for
newspaper of general circulation in such places in international conventions to which the
and for such time as the court may order, in Philippines is a party; or by publication in a
which case a copy of the summons and order of newspaper of general circulation in such places
the court shall be sent by registered mail to the and for such time as the court may order, in
50
last known address of the defendant, or in any which case a copy of the summons and order of
other manner the court may deem sufficient. the court shall be sent by registered mail to the
Any order granting such leave shall specify a last known address of the defendant, or in any
reasonable time, which shall not be less than other manner the court may deem sufficient.
sixty (60) days after notice, within which the Any order granting such leave shall specify a
defendant must answer. reasonable time, which shall not be less than
sixty (60) calendar days after notice, within
which the defendant must answer.
Section 16. Residents Temporarily Out of the Section 18. Residents temporarily out of the
Philippines. When any action is commenced Philippines. When any action is commenced
against a defendant who ordinarily resides against a defendant who ordinarily resides
within the Philippines, but who is temporarily within the Philippines, but who is temporarily
out of it, service may, by leave of court, be also out of it, service may, by leave of court, be also
effected out of the Philippines, as under the effected out of the Philippines, as under the
preceding section. preceding Section.
Section 17. Leave of Court. Any application to Section 19. Leave of court. Any application to
the court under this Rule for leave to effect the court under this Rule for leave to effect
service in any manner for which leave of court is service in any manner for which leave of court is
necessary shall be made by motion in writing, necessary shall be made by motion in writing,
supported by affidavit of the plaintiff or some supported by affidavit of the plaintiff or some
person on his behalf, setting forth the grounds person on his [or her] behalf, setting forth the
for the application. grounds for the application.
Section 18. Proof of service. The proof of service Section 21. Proof of service. The proof of
of a summons shall be made in writing by the service of a summons shall be made in writing by
server and shall set forth the manner, place, and the server and shall set forth the manner, place,
date of service; shall specify any papers which and date of service; shall specify any papers
have been served with the process and the name which have been served with the process and
of the person who received the same; and shall the name of the person who received the same;
be sworn to when made by a person other than a and shall be sworn to when made by a person
sheriff or his deputy. other than a sheriff or his or her deputy.
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If summons was served by electronic mail, a

printout of said e-mail, with a copy of the
summons as served, and the affidavit of the
person mailing, shall constitute as proof of
service.
Section 19. Proof of service by publication. If the Section 22. Proof of service by publication. – If
service has been made by publication, service the service has been made by publication,
may be proved by the affidavit of the printer, his service may be proved by the affidavit of the
foreman or principal clerk, or of the editor, publisher, editor, business or advertising
business or advertising manager, to which manager, to which affidavit a copy of the
affidavit a copy of the publication shall be publication shall be attached and by an affidavit
attached, and by an affidavit showing the showing the deposit of a copy of the summons
deposit of a copy of the summons and order for and order for publication in the post office,
publication in the post office, postage prepaid, postage prepaid, directed to the defendant by
directed to the defendant by registered mail to registered mail to his or her last known address.
his last known address.
Section 20. Voluntary Appearance. The Section 23. Voluntary appearance. The
defendant's voluntary appearance in the action defendant’s voluntary appearance in the action
shall be equivalent to service of summons. The shall be equivalent to service of summons. The
inclusion in a motion to dismiss of other grounds inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of aside from lack of jurisdiction over the person of
the defendant shall not be deemed a voluntary the defendant shall be deemed a voluntary
appearance. appearance.
RULE 15 - MOTIONS
Section 1. Motion defined. A motion is an Section 1. Motion defined. A motion is an

application for relief other than by a pleading. application for relief other than by a pleading.
Section 2. Motions Must Be in Writing. All Section 2. Motions must be in writing. All
motions shall be in writing except those made in motions shall be in writing except those made in
open court or in the course of a hearing or trial. open court or in the course of a hearing or trial.
52
A motion made in open court or in the course

of a hearing or trial should immediately be
resolved in open court, after the adverse party
is given the opportunity to argue his or her
opposition thereto.
When a motion is based on facts not appearing

on record, the court may hear the matter on
affidavits or depositions presented by the
respective parties, but the court may direct
that the matter be heard wholly or partly on
oral testimony or depositions.
Section 3. Contents. A motion shall state the Section 3. Contents. A motion shall state the
relief sought to be obtained and the grounds relief sought to be obtained and the grounds
upon which it is based, and if required by these upon which it is based, and if required by these
Rules or necessary to prove facts alleged Rules or necessary to prove facts alleged
therein, shall be accompanied by supporting therein, shall be accompanied by supporting
affidavits and other papers. affidavits and other papers.
Section 4. Hearing of Motion. Except for motions [Section 4. Hearing of motion. – Deleted]
which the court may act upon without
prejudicing the rights of the adverse party, every Section 4. Non-litigious motions. Motions
written motion shall be set for hearing by the which the court may act upon without
applicant. prejudicing the rights of adverse parties are
non-litigious motions. These motions include:
Every written motion required to be heard and a) Motion for the issuance of an alias
the notice of the hearing thereof shall be served summons;
in such a manner as to ensure its receipt by the b) Motion for extension to file answer;
other party at least three (3) days before the c) Motion for postponement;
date of hearing, unless the court for good cause d) Motion for the issuance of a writ of
sets the hearing on shorter notice. execution;
e) Motion for the issuance of an alias writ
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of execution;
f) Motion for the issuance of a writ of
possession;
g) Motion for the issuance of an order
directing the sheriff to execute the
final certificate of sale; and
h) Other similar motions.
These motions shall not be set for hearing and

shall be resolved by the court within five (5)
calendar days from receipt thereof.
[No such provision in the 1997 Rules of Court.] Section 5. Litigious motions. (a) Litigious
motions include:
1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive
pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a
writ of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default;
and
14) Other similar motions.
(b) All motions shall be served by personal

service, accredited private courier or
54
registered mail, or electronic means so as to

ensure their receipt by the other party.
(c) The opposing party shall file his or her

opposition to a litigious motion within five (5)
calendar days from receipt thereof. No other
submissions shall be considered by the court in
the resolution of the motion.
The motion shall be resolved by the court

within fifteen (15) calendar days from its
receipt of the opposition thereto, or upon
expiration of the period to file such
opposition.
Section 5. Notice of Hearing. The notice of Section 6. Notice of hearing on litigious

hearing shall be addressed to all parties motions; discretionary. The court may, in the
concerned, and shall specify the time and date exercise of its discretion, and if deemed
of the hearing which must not be later than ten necessary for its resolution, call a hearing on
(10) days after the filing of the motion. the motion. The notice of hearing shall be
addressed to all parties concerned, and shall
specify the time and date of the hearing.
Section 6. Proof of Service Necessary. No written Section 7. Proof of service necessary. No written
motion set for hearing shall be acted upon by motion shall be acted upon by the court without
the court without proof of service thereof. proof of service thereof, pursuant to Section
5(b) hereof.
Section 7. Motion Day. Except for motions Section 8. Motion day. Except for motions
requiring immediate action, all motions shall be requiring immediate action, where the court
scheduled for hearing on Friday afternoons, or if decides to conduct hearing on a litigious
Friday is a non-working day, in the afternoon of motion, the same shall be set on a Friday.
the next working day.
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Section 8. Omnibus Motion. Subject to the Section 9. Omnibus motion. Subject to the
provisions of Section 1 of Rule 9, a motion provisions of Section 1 of Rule 9, a motion
attacking a pleading, order, judgment, or attacking a pleading, order, judgment, or
proceeding shall include all objections then proceeding shall include all objections then
available, and all objections not so included available, and all objections not so included
shall be deemed waived. shall be deemed waived.
Section 9. Motion for Leave. A motion for leave Section 10. Motion for leave. A motion for leave
to file a pleading or motion shall be to file a pleading or motion shall be
accompanied by the pleading or motion sought accompanied by the pleading or motion sought
to be admitted. to be admitted.
Section 10. Form. The Rules applicable to Section 11. Form. The Rules applicable to
pleadings shall apply to written motions so far as pleadings shall apply to written motions so far as
concerns caption, designation, signature, and concerns caption, designation, signature, and
other matters of form. other matters of form.
[No such provision in the 1997 Rules of Court.] Section 12. Prohibited motions. The following
motions shall not be allowed:
(a) Motion to dismiss except on the
following grounds:
1) That the court has no
jurisdiction over the subject
matter of the claim;
2) That there is another action
pending between the same
parties for the same cause; and
3) That the cause of action is
barred by a prior judgment or
by the statute of limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the
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court’s action on the affirmative

defenses;
(d) Motion to suspend proceedings without

a temporary restraining order or
injunction issued by a higher court;
(e) Motion for extension of time to file
pleadings, affidavits or any other
papers, except a motion for extension
to file an answer as provided by
Section 11, Rule 11; and
(f) Motion for postponement intended for

delay, except if it is based on acts of
God, force majeure or physical
inability of the witness to appear and
testify. If the motion is granted based
on such exceptions, the moving party
shall be warned that the presentation
of its evidence must still be terminated
on the dates previously agreed upon.
A motion for postponement, whether written

or oral, shall, at all times, be 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, to be submitted either at the time of the
filing of said motion or not later than the next
hearing date. The clerk of court shall not
accept the motion unless accompanied by the
original receipt.
[No such provision in the 1997 Rules of Court.] Section 13. Dismissal with prejudice.
57
Subject to the right of appeal, an 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 claim or demand set forth in the
plaintiff’s pleading has been paid, waived,
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 bar the refiling of the
same action or claim.
RULE 16 - MOTION TO DISMISS
Motion to Dismiss Provisions either deleted or transposed.
RULE 17 - DISMISSAL OF ACTIONS
Section 2. Dismissal Upon Motion of Plaintiff. Section 2. Dismissal upon motion of plaintiff.
Except as provided in the preceding section, a Except as provided in the preceding Section, a
complaint shall not be dismissed at the plaintiff's complaint shall not be dismissed at the
instance save upon approval of the court and plaintiff’s instance save upon approval of the
upon such terms and conditions as the court court and upon such terms and conditions as the
deems proper. If a counterclaim has been court deems proper. If a counterclaim has been
pleaded by a defendant prior to the service upon pleaded by a defendant prior to the service upon
him of the plaintiff's motion for dismissal, the him or her of the plaintiff’s motion for
dismissal shall be limited to the complaint. The dismissal, the dismissal shall be limited to the
dismissal shall be without prejudice to the right complaint. The dismissal shall be without
of the defendant to prosecute his counterclaim prejudice to the right of the defendant to
in a separate action unless within fifteen (15) prosecute his or her counterclaim in a separate
days from notice of the motion he manifests his action unless within fifteen (15) calendar days
preference to have his counterclaim resolved in from notice of the motion he or she manifests
58
the same action. Unless otherwise specified in his or her preference to have his or her
the order, a dismissal under this paragraph shall counterclaim resolved in the same action. Unless
be without prejudice. A class suit shall not be otherwise specified in the order, a dismissal
dismissed or compromised without the approval under this paragraph shall be without prejudice.
of the court. A class suit shall not be dismissed or
compromised without the approval of the court.
Section 3. Dismissal Due to Fault of Plaintiff. Section 3. Dismissal due to fault of plaintiff.
If, for no justifiable cause, the plaintiff fails to If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his appear on the date of the presentation of his or
evidence in chief on the complaint, or to her evidence in chief on the complaint, or to
prosecute his action for an unreasonable length prosecute his or her action for an unreasonable
of time, or to comply with these Rules or any length of time, or to comply with these Rules or
order of the court, the complaint may be any order of the court, the complaint may be
dismissed upon motion of the defendant or upon dismissed upon motion of the defendant or upon
the court's own motion, without prejudice to the the court’s own motion, without prejudice to
right of the defendant to prosecute his the right of the defendant to prosecute his or
counterclaim in the same or in a separate her counterclaim in the same or in a separate
action. This dismissal shall have the effect of an action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise adjudication upon the merits, unless otherwise
declared by the court. declared by the court.
RULE 18 - PRE-TRIAL
Section 1. When Conducted. — After the last Section 1. When conducted. – After the last
pleading has been served and filed, it shall be responsive pleading has been served and filed,
the duty of the plaintiff to promptly move ex the branch clerk of court shall issue, within
parte that the case be set for pre-trial. five (5) calendar days from filing, a notice of
pre-trial which shall be set not later than sixty
(60) calendar days from the filing of the last
responsive pleading.
Section 2. Nature and purpose. – The pretrial is Section 2. Nature and purpose. – The pre-trial is Deleted from the 1997 Rules of Court: (c) The
59
mandatory. The court shall consider: mandatory and should be terminated promptly. necessity or desirability of amendments to the
(a) The possibility of an amicable The court shall consider: pleadings;” (f) The advisability of a preliminary
settlement or of a submission to (a) The possibility of an amicable reference of issues to a commissioner;”
alternative modes of dispute resolution; settlement or of a submission to
(b) The simplification of the issues; alternative modes of dispute resolution;
(c) The necessity or desirability of (b) The simplification of the issues;
amendments to the pleadings; (c) The possibility of obtaining stipulations
(d) The possibility of obtaining or admissions of facts and of documents
stipulations or admissions of facts and of to avoid unnecessary proof;
documents to avoid unnecessary proof; (d) The limitation of the number and
(e) The limitation of the number of identification of witnesses and the
witnesses; setting of trial dates;
(f) The advisability of a preliminary (e) The advisability of a preliminary
reference of issues to a commissioner; reference of issues to a commissioner;
(g) The propriety of rendering judgment (f) The propriety of rendering judgment on
on the pleadings, or summary judgment, the pleadings, or summary judgment, or
or of dismissing the action should a valid of dismissing the action should a valid
ground therefor be found to exist; ground therefor be found to exist;
(h) The advisability or necessity of (g) The requirement for the parties to:
suspending the proceedings; and 1. Mark their respective evidence
(i) Such other matters as may aid in the if not yet marked in the
prompt disposition of the action. judicial affidavits of their
witnesses;
2. Examine and make comparisons
of the adverse parties’
evidence vis-a-vis the copies to
be marked;
3. Manifest for the record
stipulations regarding the
faithfulness of the
reproductions and the
genuineness and due execution
of the adverse parties’
evidence;
60
4. Reserve evidence not available

at the pre-trial, but only in the
following manner:
i. For testimonial
evidence, by giving the
name or position and
the nature of the
testimony of the
proposed witness;
ii. For documentary
evidence and other
object evidence, by
giving a particular
description of the
evidence.
No reservation shall be
allowed if not made in
the manner described
above.
(h) Such other matters as may aid in the
prompt disposition of the action.
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.
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.
61
The branch clerk of court shall prepare the

minutes of the pre-trial, which shall have the
following format: (See prescribed form)
Section 3. Notice of pre-trial. – The notice of Section 3. Notice of pre-trial. – The notice of
pre-trial shall be served on counsel, or on the pre-trial shall include the dates respectively
party who has no counsel. The counsel served set for:
with such notice is charged with the duty of (a) Pre-trial;
notifying the party represented by him. (b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if
necessary.
The notice of pre-trial shall be served on

counsel, or on the party [if he] or she has no
counsel. The counsel served with such notice is
charged with the duty of notifying the party
represented by him or her.
Non-appearance at any of the foregoing

settings shall be deemed as non-appearance at
the pre-trial and shall merit the same
sanctions under Section 5 hereof.
Section 4. Appearance of parties. – It shall be Section 4. Appearance of [p]arties. – It shall be

the duty of the parties and their counsel to the duty of the parties and their counsel to
appear at the pre-trial. The non-appearance of a appear at the pre-trial, court-annexed
party may be excused only if a valid cause is mediation, and judicial dispute resolution, if
shown therefor or if a representative shall necessary. The non-appearance of a party and
appear in his behalf fully authorized in writing to counsel may be excused only for acts of God,
enter into an amicable settlement, to submit to force majeure, or duly substantiated physical
alternative modes of dispute resolution, and to inability.
enter into stipulations or admissions of facts and
of documents A representative may appear on behalf of a
62
party, but must be fully authorized in writing

to enter into an amicable settlement, to
submit to alternative modes of dispute
resolution, and to enter into stipulations or
admissions of facts and documents.
Section 5. Effect of failure to appear. – The Section 5. Effect of failure to appear. – When
failure of the plaintiff to appear when so duly notified, the failure of the plaintiff and
required pursuant to the next preceding section counsel to appear without valid cause when so
shall be cause for dismissal of the action. The required[,] pursuant to the next preceding
dismissal shall be with prejudice, unless Section, shall cause the dismissal of the action.
otherwise ordered by the court. A similar failure The dismissal shall be with prejudice, unless
on the part of the defendant shall be cause to otherwise ordered by the court. A similar failure
allow the plaintiff to present his evidence ex on the part of the defendant and counsel shall
parte and the court to render judgment on the be cause to allow the plaintiff to present his or
basis thereof. her evidence ex-parte within ten (10) calendar
days from termination of the pre-trial, and the
court to render judgment on the basis of the
evidence offered.
Section 6. Pre-trial brief. – The parties shall file Section 6. Pre-trial brief. – The parties shall file Deleted from the 1997 Rules of Court: (a) A
with the court and serve on the adverse party, in with the court and serve on the adverse party, in statement of their willingness to enter into
such manner as shall ensure their receipt such manner as shall ensure their receipt amicable settlement or alternative modes of
thereof at least three (3) days before the date thereof at least three (3) calendar days before dispute resolution, indicating the desired terms
of the pre-trial, their respective pretrial briefs the date of the pre-trial, their respective thereof;” (e) A manifestation of their having
which shall contain, among others: pre-trial briefs which shall contain, among availed or their intention to avail themselves of
(a) A statement of their willingness to others: discovery procedures or referral to
enter into amicable settlement or (a) A concise statement of the case and commissioners;” (f) The number[...]”
alternative modes of dispute resolution, the reliefs prayed for;
indicating the desired terms thereof; (b) A summary of admitted facts and
(b) A summary of admitted facts and proposed stipulation of facts;
proposed stipulation of facts; (c) The main factual and legal issues to be
(c) The issues to be tried or resolved; tried or resolved;
(d) The documents or exhibits to be (d) The propriety of referral of factual
63
presented, stating the purpose thereof; issues to commissioners;

(e) A manifestation of their having (e) The documents or other object
availed or their intention to avail evidence to be marked, stating the
themselves of discovery procedures or purpose thereof;
referral to commissioners; and (f) The names of the witnesses, and the
(f) The number and names of the summary of their respective
witnesses, and the substance of their testimonies; and
respective testimonies. (g) A brief statement of points of law and
citation of authorities.
Failure to file the pre-trial brief shall have the
same effect as failure to appear at the pre-trial. Failure to file the pre-trial brief shall have the
same effect as failure to appear at the pre-trial.
Section 7. Record of pre-trial. – The proceedings Section 7. Pre-Trial Order. – Upon termination
in the pre-trial shall be recorded. Upon the of the pre-trial, the court shall issue an order
termination thereof, the court shall issue an within ten (10) calendar days which shall recite
order which shall recite in detail the matters in detail the matters taken up. The order shall
taken up in the conference, the action taken include:
thereon, the amendments allowed to the (a) An enumeration of the admitted facts;
pleadings, and the agreements or admissions (b) The minutes of the pre-trial
made by the parties as to any of the matters conference;
considered. Should the action proceed to trial, (c) The legal and factual issue/s to be
the order shall explicitly define and limit the tried;
issues to be tried. The contents of the order (d) The applicable law, rules, and
shall control the subsequent course of the jurisprudence;
action, unless modified before trial to prevent (e) The evidence marked;
manifest injustice. (f) The specific trial dates for continuous
trial, which shall be within the period
provided by the Rules;
(g) The case flowchart to be determined
by the court, which shall contain the
different stages of the proceedings up
to the promulgation of the decision
and the use of time frames for each
64
stage in setting the trial dates;

(h) A statement that the one-day
examination of witness rule and most
important witness rule under A.M. No.
03-1-09-SC (Guidelines for Pre-Trial)
shall be strictly followed; and
(i) A statement that the court shall render
judgment on the pleadings or summary
judgment, as the case may be.
The direct testimony of witnesses for the

plaintiff shall be in the form of judicial
affidavits. After the identification of such
affidavits, cross-examination shall proceed
immediately.
Postponement of presentation of the parties’

witnesses at a scheduled date is prohibited,
except if it is based on acts of God, force
majeure or duly substantiated physical
inability of the witness to appear and testify.
The party who caused the postponement is
warned that the presentation of its evidence
must still be terminated within the remaining
dates previously agreed upon.
Should the opposing party fail to appear

without valid cause stated in the next
preceding paragraph, the presentation of the
scheduled witness will proceed with the
absent party being
deemed to have waived the right to interpose
objection and conduct cross-examination.
65
The contents of the pre-trial order shall

control the subsequent proceedings, unless
modified before trial to prevent manifest
injustice.
No Section 8 Section 8. Court-annexed mediation. – After

pre-trial and, after issues are joined, the
court shall refer the parties for mandatory
court-annexed mediation.
The period for court-annexed mediation shall

not exceed thirty (30) calendar days without
further extension.
No Section 9 Section 9. Judicial dispute resolution. – Only if

the judge of the court to which the case was
originally raffled is convinced that settlement
is still possible, the case may be referred to
another court for judicial dispute resolution.
The judicial dispute resolution shall be
conducted within a non-extendible period of
fifteen (15) calendar days from notice of
failure of the court-annexed mediation.
If judicial dispute resolution fails, trial before

the original court shall proceed on the dates
agreed upon.
All proceedings during the court-annexed

mediation and the judicial dispute resolution
shall be confidential.
No Section 10 Section 10. Judgment after pre-trial. – Should

there be no more controverted facts, or no
66
more genuine issue as to any material fact, or

an absence of any issue, or should the answer
fail to tender an issue, the court shall, without
prejudice to a party moving for judgment on
the pleadings under Rule 34 or summary
judgment under Rule 35, motu proprio include
in the pre-trial order that the case be
submitted for summary judgment or judgment
on the pleadings, without need of position
papers or memoranda. In such cases, judgment
shall be rendered within ninety (90) calendar
days from termination of the pre-trial.
The order of the court to submit the case for

judgment pursuant to this Rule shall not be
the subject to appeal or certiorari.
RULE 19 - INTERVENTION
Section 3. Pleadings-in-intervention. – The Section 3. Pleadings-in-intervention. – The

intervenor shall file a complaint-in-intervention intervenor shall file a complaint-in-intervention
if he asserts a claim against either or all of the if he or she asserts a claim against either or all
original parties, or an answer-in-intervention if of the original parties, or an
he unites with the defending party in resisting a answer-in-intervention if he or she unites with
claim against the latter. the defending party in resisting a claim against
the latter.
Section 4. Answer to complaint-in-intervention. – Section 4. Answer to complaint-in-intervention. –

The answer to the complaint-in-intervention The answer to the complaint-in-intervention
shall be filed within fifteen (15) days from shall be filed within fifteen (15) calendar days
notice of the order admitting the same, unless a from notice of the order admitting the same,
different period is fixed by the court. unless a different period is fixed by the court.
RULE 20 - CALENDAR OF CASES
67
Section 1. Calendar of cases.— The clerk of Section 1. Calendar of cases. – The clerk of
court, under the direct supervision of the judge, court, under the direct supervision of the judge,
shall keep a calendar of cases for pre-trial, for shall keep a calendar of cases for pre-trial, for
trial, those whose trials were adjourned or trial, those whose trials were adjourned or
postponed, and those with motions to set for postponed, and those with motions to set for
hearing. Preference shall be given to habeas hearing. Preference shall be given to habeas
corpus cases, election cases, special civil corpus cases, election cases, special civil
actions, and those so required by law. actions, and those so required by law.
Section 2. Assignment of cases.— The assignment Section 2. Assignment of cases. – The assignment
of cases to the different branches of a court of cases to the different branches of a court
shall be done exclusively by raffle. The shall be done exclusively by raffle. The
assignment shall be done in open session of assignment shall be done in open session of
which adequate notice shall be given so as to which adequate notice shall be given so as to
afford interested parties the opportunity to be afford interested parties the opportunity to be
present. present.
RULE 21 - SUBPOENA
Section 1. Subpoena and subpoena duces tecum. Section 1. Subpoena and subpoena duces tecum.
– Subpoena is a process directed to a person – Subpoena is a process directed to a person
requiring him to attend and to testify at the requiring him or her to attend and to testify at
hearing or the trial of an action, or at any the hearing or the trial of an action, or at any
investigation conducted by competent authority, investigation conducted by competent authority,
or for the taking of his deposition. It may also or for the taking of his or her deposition. It may
require him to bring with him any books, also require him or her to bring with him or her
documents, or other things under his control, in any books, documents, or other things under his
which case it is called a subpoena duces tecum. or her control, in which case it is called a
subpoena duces tecum.
Section 2. By whom issued. – The subpoena may Section 2. By whom issued. – The subpoena may Deletion of the word of” from the 1997 Rules of
be issued by – be issued by – Court
(a) the court before whom the witness is (a) The court before whom the witness is
required to attend; required to attend;
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(b) the court of the place where the (b) The court of the place where the
deposition is to be taken; deposition is to be taken;
(c) the officer or body authorized by law (c) The officer or body authorized by law to
to do so in connection with do so in connection with investigations
investigations conducted by said officer conducted by said officer or body; or
or body; or (d) Any Justice of the Supreme Court or the
(d) any Justice of the Supreme Court or Court of Appeals in any case or
of the Court of Appeals in any case or investigation pending within the
investigation pending within the Philippines.
Philippines.
When an application for a subpoena to a prisoner When an application for a subpoena to a prisoner
is made, the judge or officer shall examine and is made, the judge or officer shall examine and
study carefully such application to determine study carefully such application to determine
whether the same is made for a valid purpose. whether the same is made for a valid purpose.
No prisoner sentenced to death, reclusion No prisoner sentenced to death, reclusion

perpetua or life imprisonment and who is perpetua or life imprisonment and who is
confined in any penal institution shall be brought confined in any penal institution shall be brought
outside the said penal institution for appearance outside the penal institution for appearance or
or attendance in any court unless authorized by attendance in any court unless authorized by the
the Supreme Court. Supreme Court.
Section 6. Service. – Service of a subpoena shall Section 6. Service. – Service of a subpoena shall Deleted from the 1997 Rules of Court: tendering
be made in the same manner as personal or be made in the same manner as personal or to him the fees for one day’s attendance and the
substituted service of summons. The original substituted service of summons. The original kilometrage allowed by these Rules, except
shall be exhibited and a copy thereof delivered shall be exhibited and a copy thereof delivered that, when a subpoena is issued by or on behalf
to the person on whom it is served, tendering to to the person on whom it is served. The service of the Republic of the Philippines or an officer or
him the fees for one day’s attendance and the must be made so as to allow the witness a agency thereof, the tender need not be made.”
kilometrage allowed by these Rules, except reasonable time for preparation and travel to and the phrase the reasonable cost of producing
that, when a subpoena is issued by or on behalf the place of attendance. the books, documents or things demanded shall
of the Republic of the Philippines or an officer or also be tendered”
agency thereof, the tender need not be made. Costs for court attendance and the production
The service must be made so as to allow the of documents and other materials subject of
witness a reasonable time for preparation and the subpoena shall be tendered or charged
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travel to the place of attendance. If the accordingly.

subpoena is duces tecum, the reasonable cost of
producing the books, documents or things
demanded shall also be tendered.
Section 7. Personal appearance in court. – A Section 7. Personal appearance in court. – A

person present in court before a judicial officer person present in court before a judicial officer
may be required to testify as if he were in may be required to testify as if he or she were
attendance upon a subpoena issued by such in attendance upon a subpoena issued by such
court or officer. court or officer.
Section 8. Compelling attendance. – In case of Section 8. Compelling attendance. – In case of

failure of a witness to attend, the court or judge failure of a witness to attend, the court or judge
issuing the subpoena, upon proof of the service issuing the subpoena, upon proof of the service
thereof and of the failure of the witness, may thereof and of the failure of the witness, may
issue a warrant to the sheriff of the province, or issue a warrant to the sheriff of the province, or
his deputy, to arrest the witness and bring him his or her deputy, to arrest the witness and
before the court or officer where his attendance bring him or her before the court or officer
is required, and the cost of such warrant and where his or her attendance is required, and the
seizure of such witness shall be paid by the cost of such warrant and seizure of such witness
witness if the court issuing it shall determine shall be paid by the witness if the court issuing
that his failure to answer the subpoena was it shall determine that his or her failure to
willful and without just excuse. answer the subpoena was willful and without
just excuse.
Section 9. Contempt. – Failure by any person Section 9. Contempt. – Failure by any person
without adequate cause to obey a subpoena without adequate cause to obey a subpoena
served upon him shall deemed a contempt of the served upon him or her shall be deemed a
court from which the subpoena is issued. If the contempt of the court from which the subpoena
subpoena was not issued by a court, the is issued. If the subpoena was not issued by a
disobedience thereto shall be punished in court, the disobedience thereto shall be
accordance with the applicable law or Rule. punished in accordance with the applicable law
or Rule.
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Section 10. Exceptions. – The provisions of Section 10. Exceptions. – The provisions of
sections 8 and 9 this Rule shall not apply to a Sections 8 and 9 of this Rule shall not apply to a
witness who resides more than one hundred witness who resides more than one hundred
(100) kilometers from his residence to the place (100) kilometers from his or her residence to
where he is to testify by the ordinary course of the place where he or she is to testify by the
travel, or to a detention prisoner if no ordinary course of travel, or to a detention
permission of the court in which his case is prisoner if no permission of the court in which
pending was obtained. his or her case is pending was obtained.
RULE 22 - COMPUTATION OF TIME
Section 1. How to compute time.— In computing Section 1. How to compute time. – In computing
any period of time prescribed or allowed by any period of time prescribed or allowed by
these Rules, or by order of the court, or by any these Rules, or by order of the court, or by any
applicable statute, the day of the act or event applicable statute, the day of the act or event
from which the designated period of time begins from which the designated period of time begins
to run is to be excluded and the date of to run is to be excluded and the date of
performance included. If the last day of the performance included. If the last day of the
period, as thus computed, falls on a Saturday, a period, as thus computed, falls on a Saturday, a
Sunday, or a legal holiday in the place where the Sunday, or a legal holiday in the place where the
court sits, the time shall not run until the next court sits, the time shall not run until the next
working day. working day.
Section 2. Effect of interruption.— Should an act Section 2. Effect of interruption. – Should an act
be done which effectively interrupts the running be done which effectively interrupts the running
of the period, the allowable period after such of the period, the allowable period after such
interruption shall start to run on the day after interruption shall start to run on the day after
notice of the cessation of the cause thereof.The notice of the cessation of the cause thereof. The
day of the act that caused the interruption shall day of the act that caused the interruption shall
be excluded in the computation of the period. be excluded in the computation of the period.
RULE 23 - DEPOSITIONS PENDING ACTIONS
Section 1. Depositions pending action, when may Section 1. Depositions pending action, when may
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be taken. — By leave of court after jurisdiction be taken. — Upon ex parte motion of a party,
has been obtained over any defendant or over the testimony of any person, whether a party or
property which is the subject of the action, or not, may be taken, at the instance of any party,
without such leave after an answer has been by deposition upon oral examination or written
served, the testimony of any person, whether a interrogatories. The attendance of witnesses
party or not, may be taken, at the instance of may be compelled by the use of a subpoena as
any party, by deposition upon oral examination provided in Rule 21. Depositions shall be taken
or written interrogatories. The attendance of only in accordance with these Rules. The
witnesses may be compelled by the use of a deposition of a person confined in prison may be
subpoena as provided in Rule 21. Depositions taken only by leave of court on such terms as
shall be taken only in accordance with these the court prescribes.
Rules. The deposition of a person confined in
prison may be taken only by leave of court on
such terms as the court prescribes.
Section 4. Use of depositions. — At the trial or Section 4. Use of depositions. — At the trial or
upon the hearing of a motion or an interlocutory upon the hearing of a motion or an interlocutory
proceeding, any part or all of a deposition, so proceeding, any part or all of a deposition, so
far as admissible under the rules of evidence, far as admissible under the rules of evidence,
may be used against any party who was present may be used against any party who was present
or represented at the taking of the deposition or or represented at the taking of the deposition or
who had due notice thereof, in accordance with who had due notice thereof, in accordance with
any one of the following provisions: any one of the following provisions:
(a) Any deposition may be used by any party for (a) Any deposition may be used by any party
the purpose of contradicting or impeaching the for the purpose of contradicting or
testimony of deponent as a witness; impeaching the testimony of the
deponent as a witness;
(b) The deposition of a party or of any one who
at the time of taking the deposition was an (b) The deposition of a party or of any one
officer, director, or managing agent of a public who at the time of taking the deposition
or private corporation, partnership, or was an officer, director, or managing
association which is a party may be used by an agent of a public or private corporation,
adverse party for any purpose; partnership, or association which is a
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party may be used by an adverse party

(c) The deposition of a witness, whether or not a for any purpose;
party, may be used by any party for any purpose
if the court finds: (1) that the witness is dead; (c) The deposition of a witness, whether or
or (2) that the witness resides at a distance not a party, may be used by any party
more than one hundred (100) kilometers from for any purpose if the court finds: (1)
the place of trial or hearing, or is out of the that the witness is dead; or (2) that the
Philippines, unless it appears that his absence witness resides at a distance more than
was procured by the party offering the one hundred (100) kilometers from the
deposition; or (3) that the witness is unable to place of trial or hearing, or is out of the
attend or testify because of age, sickness, Philippines, unless it appears that his or
infirmity, or imprisonment; or (4) that the party her absence was procured by the party
offering the deposition has been unable to offering the deposition; or (3) that the
procure the attendance of the witness by witness is unable to attend or testify
subpoena; or (5) upon application and notice, because of age, sickness, infirmity, or
that such exceptional circumstances exist as to imprisonment; or (4) that the party
make it desirable, in the interest of justice and offering the deposition has been unable
with due regard to the importance of presenting to procure the attendance of the witness
the testimony of witnesses orally in open court, by subpoena; or (5) upon application and
to allow the deposition to be used; and notice, that such exceptional
circumstances exist as to make it
(d) If only part of a deposition is offered in desirable, in the interest of justice and
evidence by a party, the adverse party may with due regard to the importance of
require him to introduce all of it which is presenting the testimony of witnesses
relevant to the part introduced, and any party orally in open court, to allow the
may introduce any other parts. deposition to be used; and
(d) If only part of a deposition is offered in

evidence by a party, the adverse party
may require him or her to introduce all
of it which is relevant to the part
introduced, and any party may introduce
any other parts.
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Section 6. Objections to admissibility. — Subject Section 6. Objections to admissibility. — Subject

to the provisions of Section 29 of this Rule, to the provisions of Section 29 of this Rule,
objection may be made at the trial or hearing to objections may be made at the trial or hearing
receiving in evidence any deposition or part to receiving in evidence any deposition or part
thereof for any reason which would require the thereof for any reason which would require the
exclusion of the evidence if the witness were exclusion of the evidence if the witness were
then present and testifying. then present and testifying.
Section 7. Effect of taking depositions. — A party Section 7. Effect of taking depositions. — A party
shall not be deemed to make a person his own shall not be deemed to make a person his or her
witness for any purpose by taking his deposition. own witness for any purpose by taking his or her
deposition.
Section 9. Rebutting deposition. — At the trial or Section 9. Rebutting deposition. — At the trial or
hearing any party may rebut any relevant hearing, any party may rebut any relevant
evidence contained in a deposition whether evidence contained in a deposition whether
introduced by him or by any other party. introduced by him or her or by any other party.
Section 15. Deposition upon oral examination; Section 15. Deposition upon oral examination;
notice; time and place. — A party desiring to notice; time and place. — A party desiring to
take the deposition of any person upon oral take the deposition of any person upon oral
examination shall give reasonable notice in examination shall give reasonable notice in
writing to every other party to the action. The writing to every other party to the action. The
notice shall state the time and place for taking notice shall state the time and place for taking
the deposition and the name and address of the deposition and the name and address of
each person to be examined, if known, and if each person to be examined, if known, and if
the name is not known, a general description the name is not known, a general description
sufficient to identify him or the particular class sufficient to identify him or her or the particular
or group to which he belongs. On motion of any class or group to which he or she belongs. On
party upon whom the notice is served, the court motion of any party upon whom the notice is
may for cause shown enlarge or shorten the served, the court may for cause shown enlarge
time. or shorten the time.
Section 16. Orders for the protection of parties Section 16. Orders for the protection of parties
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and deponents. — After notice is served for and deponents. — After notice is served for
taking a deposition by oral examination, upon taking a deposition by oral examination, upon
motion seasonably made by any party or by the motion seasonably made by any party or by the
person to be examined and for good cause person to be examined and for good cause
shown, the court in which the action is pending shown, the court in which the action is pending
may make an order that the deposition shall not may make the following orders:
be taken, or that it may be taken only at some (a) That the deposition shall not be taken;
designated place other than that stated in the (b) That the deposition may be taken only
notice, or that it may be taken only on written at some designated place other than
interrogatories, or that certain matters shall not that stated in the notice;
be inquired into, or that the scope of the (c) That the deposition may be taken only
examination shall be held with no one present on written interrogatories;
except the parties to the action and their (d) That certain matters shall not be
officers or counsel, or that after being sealed inquired into;
the deposition shall be opened only by order of (e) That the scope of the examination shall
the court, or that secret processes, be held with no one present except the
developments, or research need not be parties to the action and their officers or
disclosed, or that the parties shall counsel;
simultaneously file specified documents or (f) That after being sealed the deposition
information enclosed in sealed envelopes to be shall be opened only by order of the
opened as directed by the court; or the court court;
may take any other order which justice requires (g) That secret processes, developments, or
to protect the party or witness from annoyance, research need not be disclosed; or
embarrassment, or oppression. (h) That the parties shall simultaneously file
specified documents or information
enclosed in sealed envelopes to be
opened as directed by the court.
The court may make any other order which

justice requires to protect the party or witness
from annoyance, embarrassment, or oppression.
Section 17. Record of examination; oath; Section 17. Record of examination; oath;
objections. — The officer before whom the objections. — The officer before whom the
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deposition is to be taken shall put the witness on deposition is to be taken shall put the witness on
oath and shall personally, or by some one acting oath and shall personally, or by some one acting
under his direction and in his presence, record under his or her direction and in his or her
the testimony of the witness. The testimony presence, record the testimony of the witness.
shall be taken stenographically unless the The testimony shall be taken stenographically
parties agree otherwise. All objections made at unless the parties agree otherwise. All
the time of the examination to the qualifications objections made at the time of the examination
of the officer taking the deposition, or to the to the qualifications of the officer taking the
manner of taking it, or to the evidence deposition, or to the manner of taking it, or to
presented, or to the conduct of any party, and the evidence presented, or to the conduct of
any other objection to the proceedings, shall be any party, and any other objection to the
noted by the officer upon the deposition. proceedings, shall be noted by the officer upon
Evidence objected to shall be taken subject to the deposition. Evidence objected to shall be
the objections. In lieu of participating in the taken subject to the objections. In lieu of
oral examination, parties served with notice of participating in the oral examination, parties
taking a deposition may transmit written served with notice of taking a deposition may
interrogatories to the officers, who shall transmit written interrogatories to the officers,
propound them to the witness and record the who shall propound them to the witness and
answers verbatim. record the answers verbatim.
Section 19. Submission to witness; changes; Section 19. Submission to witness; changes;
signing. — When the testimony is fully signing. — When the testimony is fully
transcribed, the deposition shall be submitted to transcribed, the deposition shall be submitted to
the witness for examination and shall be read to the witness for examination and shall be read to
or by him, unless such examination and reading or by him or her, unless such examination and
are waived by the witness and by the parties. reading are waived by the witness and by the
Any changes in form or substance which the parties. Any changes in form or substance which
witness desires to make shall be entered upon the witness desires to make shall be entered
the deposition by the officer with a statement of upon the deposition by the officer with a
the reasons given by the witness for making statement of the reasons given by the witness
them. The deposition shall then be signed by the for making them. The deposition shall then be
witness, unless the parties by stipulation waive signed by the witness, unless the parties by
the signing or the witness is ill or cannot be stipulation waive the signing or the witness is ill
found or refuses to sign. If the deposition is not or cannot be found or refuses to sign. If the
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signed by the witness, the officer shall sign it deposition is not signed by the witness, the
and state on the record the fact of the waiver or officer shall sign it and state on the record the
of the illness or absence of the witness or the fact of the waiver or of the illness or absence of
fact of the refusal to sign together with the the witness or the fact of the refusal to sign
reason given therefor, if any, and the deposition together with the reason given therefor, if any,
may then be used as fully as though signed, and the deposition may then be used as fully as
unless on a motion to suppress under Section 29 though signed, unless on a motion to suppress
(f) of this Rule, the court holds that the reasons under Section 29(f) of this Rule, the court holds
given for the refusal to sign require rejection of that the reasons given for the refusal to sign
the deposition in whole or in part. require rejection of the deposition in whole or in
part.
Section 20. Certification and filing by officer. — Section 20. Certification and filing by officer. —
The officer shall certify on the deposition that The officer shall certify on the deposition that
the witness was duly sworn to by him and that the witness was duly sworn to by him or her and
the deposition is a true record of the testimony that the deposition is a true record of the
given by the witness. He shall then securely seal testimony given by the witness. He or she shall
the deposition in an envelope indorsed with the then securely seal the deposition in an envelope
title of the action and marked "Deposition of indorsed with the title of the action and marked
(here insert the name of witness)" and shall Deposition of (here insert the name of witness)”
promptly file it with the court in which the and shall promptly file it with the court in which
action is pending or send it by registered mail to the action is pending or send it by registered
the clerk thereof for filing. mail to the clerk thereof for filing.
Section 23. Failure to attend of party giving Section 23. Failure to attend of party giving
notice. — If the party giving the notice of the notice. — If the party giving the notice of the
taking of a deposition fails to attend and taking of a deposition fails to attend and
proceed therewith and another attends in person proceed therewith and another attends in person
or by counsel pursuant to the notice, the court or by counsel pursuant to the notice, the court
may order the party giving the notice to pay may order the party giving the notice to pay
such other party the amount of the reasonable such other party the amount of the reasonable
expenses incurred by him and his counsel in so expenses incurred by him or her and his or her
attending, including reasonable attorney's fees. counsel in so attending, including reasonable
attorney’s fees.
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Section 24. Failure of party giving notice to Section 24. Failure of party giving notice to
serve subpoena. — If the party giving the notice serve subpoena. — If the party giving the notice
of the taking of a deposition of a witness fails to of the taking of a deposition of a witness fails to
serve a subpoena upon him and the witness serve a subpoena upon him or her and the
because of such failure does not attend, and if witness because of such failure does not attend,
another party attends in person or by counsel and if another party attends in person or by
because he expects the deposition of that counsel because he or she expects the
witness to be taken, the court may order the deposition of that witness to be taken, the court
party giving the notice to pay such other party may order the party giving the notice to pay to
the amount of the reasonable expenses incurred such other party the amount of the reasonable
by him and his counsel in so attending, including expenses incurred by him or her and his or her
reasonable attorney's fees. counsel in so attending, including reasonable
attorney’s fees.
Section 25. Deposition upon written Section 25. Deposition upon written
interrogatories; service of notice and of interrogatories; service of notice and of
interrogatories. — A party desiring to take the interrogatories. — A party desiring to take the
deposition of any person upon written deposition of any person upon written
interrogatories shall serve them upon every interrogatories shall serve them upon every
other party with a notice stating the name and other party with a notice stating the name and
address of the person who is to answer them and address of the person who is to answer them and
the name or descriptive title and address of the the name or descriptive title and address of the
officer before whom the deposition is to be officer before whom the deposition is to be
taken. Within ten (10) days thereafter, a party taken. Within ten (10) calendar days thereafter,
so served may serve cross-interrogatories upon a party so served may serve cross-interrogatories
the party proposing to take the deposition. upon the party proposing to take the deposition.
Within five (5) days thereafter the latter may Within five (5) calendar days thereafter, the
serve re-direct interrogatories upon a party who latter may serve re-direct interrogatories upon a
has served cross-interrogatories. Within three (3) party who has served cross-interrogatories.
days after being served with re-direct Within three (3) calendar days after being
interrogatories, a party may serve served with re-direct interrogatories, a party
recross-interrogatories upon the party proposing may serve recross-interrogatories upon the party
to take the deposition. proposing to take the deposition.
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Section 26. Officers to take responses and Section 26. Officers to take responses and
prepare record. — A copy of the notice and prepare record. — A copy of the notice and
copies of all interrogatories served shall be copies of all interrogatories served shall be
delivered by the party taking the deposition to delivered by the party taking the deposition to
the officer designated in the notice, who shall the officer designated the notice, who shall
proceed promptly, in the manner provided by proceed promptly, in the manner provided by
Sections 17, 19, and 20 of this Rule, to take the Sections 17, 19 and 20 of this Rule, to take the
testimony of the witness in response to the testimony of the witness in response to the
interrogatories and to prepare, certify, and file interrogatories and to prepare, certify, and file
or mail the deposition, attaching thereto the or mail the deposition, attaching thereto the
copy of the notice and the interrogatories copy of the notice and the interrogatories
received by him. received by him or her.
Section 29. Effect of errors and irregularities in Section 29. Effect of errors and irregularities in
depositions. — depositions. —
(a) As to notice. — All errors and irregularities in (a) As to notice. — All errors and
the notice for taking a deposition are waived irregularities in the notice for taking a
unless written objection is promptly served upon deposition are waived unless written
the party giving the notice. objection is promptly served upon the
(b) As to disqualification of officer. — Objection party giving the notice
to taking a deposition because of disqualification
of the officer before whom it is to be taken is (b) As to disqualification of officer. —
waived unless made before the taking of the Objection to taking a deposition because
deposition begins or as soon thereafter as the of disqualification of the officer before
disqualification becomes known or could be whom it is to be taken is waived unless
discovered with reasonable diligence. made before the taking of the deposition
(c) As to competency or relevancy of evidence. begins or as soon thereafter as the
— Objections to the competency of a witness or disqualification becomes known or could
the competency, relevancy, or materiality of be discovered with reasonable diligence.
testimony are not waived by failure to make
them before or during the taking of the (c) As to competency or relevancy of
deposition, unless the ground of the objection is evidence. — Objections to the
one which might have been obviated or removed competency of a witness or the
if presented at that time. competency, relevancy, or materiality of
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(d) As to oral examination and other particulars. testimony are not waived by failure to
— Errors and irregularities occurring at the oral make them before or during the taking
examination in the manner of taking the of the deposition, unless the ground of
deposition, in the form of the questions or the objection is one which might have
answers, in the oath or affirmation, or in the been obviated or removed if presented
conduct of the parties and errors of any kind at that time.
which might be obviated, removed, or cured if
promptly prosecuted, are waived unless (d) As to oral examination and other
reasonable objection thereto is made at the particulars. — Errors and irregularities
taking of the deposition. occurring at the oral examination in the
(e) As to form of written interrogatories. — manner of taking the deposition, in the
Objections to the form of written interrogatories form of the questions or answers, in the
submitted under Sections 25 and 26 of this Rule oath or affirmation, or in the conduct of
are waived unless served in writing upon the the parties and errors of any kind which
party propounding them within the time allowed might be obviated, removed, or cured if
for serving succeeding cross or other promptly prosecuted, are waived unless
interrogatories and within three (3) days after reasonable objection thereto is made at
service of the last interrogatories authorized. the taking of the deposition.
(f) As to manner of preparation. — Errors and
irregularities in the manner in which the (e) As to form of written interrogatories. —
testimony is transcribed or the deposition is Objections to the form of written
prepared, signed, certified, sealed, indorsed, interrogatories submitted under Sections
transmitted, filed, or otherwise dealt with by 25 and 26 of this Rule are waived unless
the officer under Sections 17, 19, 20 and 26 of served in writing upon the party
this Rule are waived unless a motion to suppress propounding them within the time
the deposition or some part thereof is made with allowed for serving succeeding cross or
reasonable promptness after such defect is, or other interrogatories and within three
with due diligence might have been, (3) calendar days after service of the
ascertained. last interrogatories authorized.
(f) As to manner of preparation. — Errors

and irregularities in the manner in which
the testimony is transcribed or the
deposition is prepared, signed, certified,
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sealed, indorsed, transmitted, filed, or

otherwise dealt with by the officer
under Sections 17, 19, 20 and 26 of this
Rule are waived unless a motion to
suppress the deposition or some part
thereof is made with reasonable
promptness after such defect is, or with
due diligence might have been,
ascertained.
RULE 24 - DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
Section 1. Depositions before action; petition. — Section 1. Depositions before action; petition. —
A person who desires to perpetuate his own A person who desires to perpetuate his or her
testimony or that of another person regarding own testimony or that of another person
any matter that may be cognizable in any court regarding any matter that may be cognizable in
of the Philippines, may file a verified petition in any court of the Philippines, may file a verified
the court of the place of the residence of any petition in the court of the place of the
expected adverse party. residence of any expected adverse party.
Section 2. Contents of petition. — The petition Section 2. Contents of petition. — The petition
shall be entitled in the name of the petitioner shall be entitled in the name of the petitioner
and shall show: (a) that the petitioner expects and shall show: (a) that the petitioner expects
to be a party to an action in a court of the to be a party to an action in a court of the
Philippines but is presently unable to bring it or Philippines but is presently unable to bring it or
cause it to be brought; (b) the subject matter of cause it to be brought; (b) the subject matter of
the expected action and his interest therein; © the expected action and his or her interest
the facts which he desires to establish by the therein; (c) the facts which he or she desires to
proposed testimony and his reasons for desiring establish by the proposed testimony and his or
to perpetuate it; (d) the names or a description her reasons for desiring to perpetuate it; (d) the
of the persons he expects will be adverse parties names or a description of the persons he or she
and their addresses so far as known; and (e) the expects will be adverse parties and their
names and addresses of the persons to be addresses so far as known; and (e) the names
examined and the substance of the testimony and addresses of the persons to be examined
81
which he expects to elicit from each, and shall and the substance of the testimony which he or
ask for an order authorizing the petitioner to she expects to elicit from each, and shall ask for
take the depositions of the persons to be an order authorizing the petitioner to take the
examined named in the petition for the purpose depositions of the persons to be examined
of perpetuating their testimony. named in the petition for the purpose of
perpetuating their testimony.
Section 3. Notice and service. — The petitioner Section 3. Notice and service. — The petitioner
shall serve a notice upon each person named in shall serve a notice upon each person named in
the petition as an expected adverse party, the petition as an expected adverse party,
together with a copy of the petition, stating that together with a copy of the petition, stating that
the petitioner will apply to the court, at a time the petitioner will apply to the court, at a time
and place named therein, for the order and place named therein, for the order
described in the petition. At least twenty (20) described in the petition. At least twenty (20)
days before the date of the hearing, the court calendar days before the date of the hearing,
shall cause notice thereof to be served on the the court shall cause notice thereof to be served
parties and prospective deponents in the manner on the parties and prospective deponents in the
provided for service of summons. manner provided for service of summons.
Section 7. Depositions pending appeal. — If an Section 7. Depositions pending appeal. — If an

appeal has been taken from a judgment of a appeal has been taken from a judgment of a
court, including the Court of Appeals in proper court, including the Court of Appeals in proper
cases, or before the taking of an appeal if the cases, or before the taking of an appeal if the
time therefor has not expired, the court in time therefor has not expired, the court in
which the judgment was rendered may allow the which the judgment was rendered may allow the
taking of depositions of witnesses to perpetuate taking of depositions of witnesses to perpetuate
their testimony for use in the event of further their testimony for use in the event of further
proceedings in the said court. In such case the proceedings in the said court. In such case the
party who desires to perpetuate the testimony party who desires to perpetuate the testimony
may make a motion in the said court for leave to may make a motion in the said court for leave to
take the depositions, upon the same notice and take the depositions, upon the same notice and
service thereof as if the action was pending service thereof as if the action was pending
therein. The motion shall state (a) the names therein. The motion shall state (a) the names
and addresses of the persons to be examined and addresses of the persons to be examined
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and the substance of the testimony which he and the substance of the testimony which he or
expects to elicit from each; and (b) the reason she expects to elicit from each; and (b) the
for perpetuating their testimony. If the court reason for perpetuating their testimony. If the
finds that the perpetuation of the testimony is court finds that the perpetuation of the
proper to avoid a failure or delay of justice, it testimony is proper to avoid a failure or delay of
may make an order allowing the depositions to justice, it may make an order allowing the
be taken, and thereupon the depositions may be depositions to be taken, and thereupon the
taken and used in the same manner and under depositions may be taken and used in the same
the same conditions as are prescribed in these manner and under the same conditions as are
Rules for depositions taken in pending actions. prescribed in these Rules for depositions taken
in pending actions.
RULE 25 - INTERROGATORIES TO PARTIES
Section 1. Interrogatories to parties; service Section 1. Interrogatories to parties; service

thereof. — Under the same conditions specified thereof. — Under the same conditions specified
in Section 1 of Rule 23, any party desiring to in Section 1 of Rule 23, Upon ex parte motion,
elicit material and relevant facts from any any party desiring to elicit material and relevant
adverse parties shall file and serve upon the facts from any adverse parties shall file and
latter written interrogatories to be answered by serve upon the latter written interrogatories to
the party served or, if the party served is a be answered by the party served or, if the party
public or private corporation or a partnership or served is a public or private corporation or a
association, by any officer thereof competent to partnership or association, by any officer thereof
testify in its behalf. competent to testify in its behalf.
Section 2. Answer to interrogatories. — The Section 2. Answer to interrogatories. — The

interrogatories shall be answered fully in writing interrogatories shall be answered fully in writing
and shall be signed and sworn to by the person and shall be signed and sworn to by the person
making them. The party upon whom the making them. The party upon whom the
interrogatories have been served shall file and interrogatories have been served shall file and
serve a copy of the answers on the party serve a copy of the answers on the party
submitting the interrogatories within fifteen (15) submitting the interrogatories within fifteen (15)
days after service thereof, unless the court, on calendar days after service thereof, unless the
motion and for good cause shown, extends or court, on motion and for good cause shown,
83
shortens the time. extends or shortens the time.
Section 3. Objections to interrogatories. — Section 3. Objections to interrogatories. –

Objections to any interrogatories may be Objections to any interrogatories may be
presented to the court within (10) days after presented to the court within ten (10) calendar
service thereof, with notice as in the case of a days after service thereof, with notice as in case
motion; and answers shall be deferred until the of a motion; and answers shall be deferred until
objections are resolved, which shall be at as the objections are resolved, which shall be at as
early a time as is practicable. early a time as is practicable.
RULE 26 - ADMISSION BY ADVERSE PARTY
Section 1 Request for admission. At any time Section 1. Request for admission. – At any time
after issues have been joined, a party may file after issues have been joined, a party may file
and serve upon any other party a written and serve upon any other party a written
request for the admission by the latter of the request for the admission by the latter of the
genuineness of any material and relevant genuineness of any material and relevant
document described in and exhibited with the document described in and exhibited with the
request or of the truth of any material and request or of the truth of any material and
relevant matter of fact set forth in the request. relevant matter of fact set forth in the request.
Copies of the documents shall be delivered with Copies of the documents shall be delivered with
the request unless copies have already been the request unless copies have already been
furnished. furnished
Section 2 - Implied Admission. Each of the Section 2 Implied Admission. - Each of the The old and new provisions are the same except
matters of which an admission is request shall be matters of which an admission is request shall be for the amendment to address gender sensitivity
deemed admitted unless, within a period of deemed admitted unless, within a period of and the 15 day period was changed to 15
designated in the request, which shall not be designated in the request, which shall not be calendar days.
less than fifteen (15) days after service thereof, less than fifteen (15 calendar days after service
or within such further time as the court may thereof, or within such further times as the
allow on motion, the party to whom the request court may allow on motion, the party to whom
is directed files and serves up the party the request is directed files and serves upon the
requesting the admission a sworn statement party requesting the admission a sworn
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either denying specifically the matters of which statement either denying specifically the
an admission is requested or setting forth in matters of which an admission is requested or
detail the reason why he cannot truthfully either setting forth in detail the reason why he or she
admit or dent those matters cannot truthfully either admit or deny those
matters.
Objections to any request for admission shall be
submitted to the court by the party requested Objection to any request for admission shall be
within the period for and prior to the filling of submitted to the court by the party requested
his sworn statement as contemplated in the within the period for and prior to the filling of
preceding paragraph and his compliance his or her sworn statement as contemplated in
therewith shall be deferred until such objection the preceding paragraph and his or her,
shall be made as early as practicable. compliance therewith shall be deferred until
such objections are resolved, which resolution
shall be made as early as practicable.
Section 3- Effect of Admission. Any admission Section 3- Effect of Admission. Any admission The old and new provisions are the same except
made by a party pursuant to such request is for made by a party pursuant to such request is for for the amendment to address gender sensitivity
the purpose of the pending action only and shall the purpose of the pending action only and shall
not constitute an admission by him for any other not constitute an admission by him or her for
purpose nor may the same be used against him any other purpose nor may the same be used
in any other proceeding against him in any other proceeding
Section 4. Withdrawal - The court may allow the Section 4. Withdrawal. – The court may allow
party an admission under this Rule, whether the party making an admission under this Rule,
express or implied, to withdraw or amend it whether express or implied, to withdraw or
upon such terms as may be just. amend it upon such terms as may be just.
Section 5 Effect of failure to file and serve Section 5. Effect of failure to file and serve
request for admission.— Unless otherwise request for admission. – Unless otherwise
allowed by the court for good cause shown and allowed by the court for good cause shown and
to prevent a failure of justice, a party who fails to prevent a failure of justice, a party who fails
to file and serve a request for admission on the to file and serve a request for admission on the
adverse party of material and relevant facts at adverse party of material and relevant facts at
issue which are, or ought to be within the issue which are, or ought to be, within the
85
personal knowledge of the latter, shall be not be personal knowledge of the latter, shall not be
permitted to present evidence on such facts. permitted to present evidence on such facts.
RULE 27 - PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
Section 1. Motion for production or inspection; Section 1. Motion for production or inspection; The old and new provisions are the same except
order. — Upon motion of any party showing good order. — Upon motion of any party showing good for the amendment to address gender sensitivity
cause therefor, the court in which an action is cause therefor, the court in which an action is
pending may (a) order any party to produce and pending may (a) order any party to produce and
permit the inspection and copying or permit the inspection and copying or
photographing, by or on behalf of the moving photographing, by or on behalf of the moving
party, of any designated documents, papers, party, of any designated documents, papers,
books, accounts, letters, photographs, objects books, accounts, letters, photographs, objects
or tangible things, not privileged, which or tangible things, not privileged, which
constitute or contain evidence material to any constitute or contain evidence material to any
matter involved in the action and which are in matter involved in the action and which are in
his possession, custody or control, or (b) order his or her possession, custody or control, or (b)
any party to permit entry upon designated land order any party to permit entry upon designated
or other property in his possession or control for land or other property in his possession or
the purpose of inspecting, measuring, surveying, control for the purpose of inspecting, measuring,
or photographing the property or any designated surveying, or photographing the property or any
relevant object or operation thereon. The order designated relevant object or operation thereon.
shall specify the time, place and manner of The order shall specify the time, place and
making the inspection and taking copies and manner of making the inspection and taking
photographs, and may prescribe such terms and copies and photographs, and may prescribe such
conditions as are just. terms and conditions as are just.
RULE 28 - PHYSICAL AND MENTAL EXAMINATION OF PERSONS
Section 1. When examination may be ordered. — Section 1. When examination may be ordered. — The old and new provisions are the same except
In an action in which the mental or physical In an action in which the mental or physical for the amendment to address gender sensitivity.
condition of a party is in controversy, the court condition of a party is in controversy, the court
in which the action is pending may in its in which the action is pending may in its
discretion order him to submit to a physical or discretion order him or her to submit to a
86
mental examination by a physician physical or mental examination by a physician
Section 2. Order for examination. – The order

for examination may be made only on motion
for good cause shown and upon notice to the
party to be examined and to all other parties,
and shall specify the time, place, manner,
conditions and scope of the examination and
the person or persons by whom it is to be
made.
Section 3. Report of findings. — If requested by Section 3. Report of findings. — If requested by The old and new provisions are the same except
the party examined, the party causing the the party examined, the party causing the for the amendment to address gender sensitivity.
examination to be made shall deliver to him a examination to be made shall deliver to him a
copy of a detailed written report of the copy of a detailed written report of the
examining physician setting out his findings and examining physician setting out his findings and
conclusions. After such request and delivery, the conclusions. After such request and delivery, the
party causing the examination to be made shall party causing the examination to be made shall
be entitled upon request to receive from the be entitled upon request to receive from the
party examined a like report of any party examined a like report of any
examination, previously or thereafter made, of examination, previously or thereafter made, of
the same mental or physical condition. If the the same mental or physical condition. If the
party examined refuses to deliver such a report, party examined refuses to deliver such a report,
the court on motion and notice may make an the court on motion and notice may make an
order requiring delivery on such terms as are order requiring delivery on such terms as are
just, and if a physician fails or refuses to make just, and if a physician fails or refuses to make
such a report the court may exclude his such a report the court may exclude his or her
testimony if offered at the trial. testimony if offered at the trial.
RULE 29 — REFUSAL TO COMPLY WITH MODES OF DISCOVERY
Section 3. Other consequences. — If any party or Section 3. Other consequences. — If any party or The old and new provisions are the same except
an officer or managing agent of a party refuses an officer or managing agent of a party refuses for the amendment to address gender sensitivity
87
to obey an order made under section 1 of this to obey an order made under section 1 of this
Rule requiring him to answer designated Rule requiring him to answer designated
questions, or an order under Rule 27 to produce questions, or an order under Rule 27 to produce
any document or other thing for inspection, any document or other thing for inspection,
copying, or photographing or to permit it to be copying, or photographing or to permit it to be
done, or to permit entry upon land or other done, or to permit entry upon land or other
property or an order made under Rule 28 property or an order made under Rule 28
requiring him to submit to a physical or mental requiring him to submit to a physical or mental
examination, the court may make such orders in examination, the court may make such orders in
regard to the refusal as are just, and among regard to the refusal as are just, and among
others the following: others the following:
(a) An order that the matters regarding which (a) An order that the matters regarding
the questions were asked, or the character or which the questions were asked, or the
description of the thing or land, or the contents character or description of the thing or
of the paper, or the physical or mental condition land, or the contents of the paper, or
of the party, or any other designated facts shall the physical or mental condition of the
be taken to be established for the purposes of party, or any other designated facts shall
the action in accordance with the claim of the be taken to be established for the
party obtaining the order; purposes of the action in accordance
(b) An order refusing to allow the disobedient with the claim of the party obtaining the
party to support or oppose designated claims or order;
defenses or prohibiting him from introducing in (b) An order refusing to allow the
evidence designated documents or things or disobedient party to support or oppose
items of testimony, or from introducing evidence designated claims or defenses or
of physical or mental condition; prohibiting him OR HER from introducing
(c) An order striking out pleadings or parts in evidence designated documents or
thereof, or staying further proceedings until the things or items of testimony, or from
order is obeyed, or dismissing the action or introducing evidence of physical or
proceeding or any part thereof, or rendering a mental condition;
judgment by default against the disobedient (c) An order striking out pleadings or parts
party; and thereof, or staying further proceedings
(d) In lieu of any of the foregoing orders or in until the order is obeyed, or dismissing
addition thereto, an order directing the arrest of the action or proceeding or any part
any party or agent of a party for disobeying any thereof, or rendering a judgment by
88
of such orders except an order to submit to a default against the disobedient party;
physical or mental examination. and
(d) In lieu of any of the foregoing orders or
in addition thereto, an order directing
the arrest of any party or agent of a
party for disobeying any of such orders
except an order to submit to a physical
or mental examination.
Section 4. Expenses on refusal to admit. — If a Section 4. Expenses on refusal to admit. — If a The old and new provisions are the same except
party after being served with a request under party after being served with a request under for the amendment to address gender sensitivity
Rule 26 to admit the genuineness of any Rule 26 to admit the genuineness of any
document or the truth of any matter of fact document or the truth of any matter of fact
serves a sworn denial thereof and if the party serves a sworn denial thereof and if the party
requesting the admissions thereafter proves the requesting the admissions thereafter proves the
genuineness of such document or the truth of genuineness of such document or the truth of
any such matter of fact, he may apply to the any such matter of fact, he OR SHE may apply to
court for an order requiring the other party to the court for an order requiring the other party
pay him the reasonable expenses incurred in to pay him the reasonable expenses incurred in
making such proof, including attorney's fees. making such proof, including attorney's fees.
Unless the court finds that there were good Unless the court finds that there were good
reasons for the denial or that admissions sought reasons for the denial or that admissions sought
were of no substantial importance, such order were of no substantial importance, such order
shall be issued shall be issued.
Section 5. Failure of party to attend or serve Section 5. Failure of party to attend or serve The old and new provisions are the same except
answers. — If a party or an officer or managing answers. — If a party or an officer or managing for the amendment to address gender sensitivity
agent of a party wilfully fails to appear before agent of a party wilfully fails to appear before
the officer who is to take his deposition, after the officer who is to take his or her deposition,
being served with a proper notice, or fails to after being served with a proper notice, or fails
serve answers to interrogatories submitted to serve answers to interrogatories submitted
under Rule 25 after proper service of such under Rule 25 after proper service of such
interrogatories, the court on motion and notice, interrogatories, the court on motion and notice,
89
may strike out all or any part of any pleading of may strike out all or any part of any pleading of
that party, or dismiss the action or proceeding or that party, or dismiss the action or proceeding or
any part thereof, or enter a judgment by default any part thereof, or enter a judgment by default
against that party, and in its discretion, order against that party, and in its discretion, order
him to pay reasonable expenses incurred by the him to pay reasonable expenses incurred by the
other, including attorney's fees. other, including attorney's fees.
RULE 30 — TRIAL
Section 1. Notice of trial. – Upon entry of a case Section 1. Schedule of trial. – The parties shall
in the trial calendar, the clerk shall notify the strictly observe the scheduled hearings as
parties of the date of its trial in such manner as agreed upon and set forth in the pre-trial
shall ensure his receipt of that notice at least order.
five (5) days before such date. (2a, R22)
(a) The schedule of the trial dates, for
both plaintiff and defendant, shall be
continuous and within the following
periods:
i The initial presentation of
plaintiff ’s evidence shall be
set not later than thirty (30)
calendar days after the
termination of the pre-trial
conference. Plaintiff shall be
allowed to present its evidence
within a period of three (3)
months or ninety (90) calendar
days which shall include the
date of the judicial dispute
resolution, if necessary;
ii The initial presentation of
defendant’s evidence shall be
set not later than thirty (30)
90
calendar days after the court’s

ruling on plaintiff ’s formal
offer of evidence. The
defendant shall be allowed to
present its evidence within a
period of three (3) months or
ninety (90) calendar days;
iii The period for the presentation
of evidence on the third
(fourth, etc.)-party claim,
counterclaim or cross-claim
shall be determined by the
court, the total of which shall
in no case exceed ninety (90)
calendar days; and
iv If deemed necessary, the court
shall set the presentation of
the parties’ respective rebuttal
evidence, which shall be
completed within a period of
thirty (30) calendar days.
(b) The trial dates may be shortened

depending on the number of witnesses
to be presented, provided that the
presentation of evidence of all parties
shall be terminated within a period of
ten (10) months or three hundred
(300) calendar days. If there are no
third (fourth, etc.)-party claim,
counterclaim or cross-claim, the
presentation of evidence shall be
terminated within a period of six (6)
months or one hundred eighty (180)
91
calendar days.
(c) The court shall decide and serve

copies of its decision to the parties
within a period not exceeding ninety
(90) calendar days from the submission
of the case for resolution, with or
without memoranda. (n)
Section 2. Adjournments and postponements. – A Section 2. Adjournments and postponements. – A

court may adjourn a trial from day to day, and to court may adjourn a trial from day to day, and to
any stated time, as the expeditious and any stated time, as the expeditious and
convenient transaction of business may require, convenient transaction of business may require,
but shall have no power to adjourn a trial for a but shall have no power to adjourn a trial for a
longer period than one month for each longer period than one [(1)] month for each
adjournment, nor more than three months in all, adjournment, nor more than three [(3)] months
except when authorized in writing by the Court in all, except when authorized in writing by the
Administrator, Supreme Court. (3a, R22) Court Administrator, Supreme Court.
The party who caused the postponement is

warned that the presentation of its evidence
must still be terminated on the remaining
dates previously agreed upon. (2a)
Section 3. Requisites of motion to postpone trial Section 3. Requisites of motion to postpone trial
for absence of evidence. – A motion to postpone for illness of party or counsel. – A motion to
a trial on the ground of absence of evidence can postpone a trial on the ground of illness of a
be granted only upon affidavit showing the party or counsel may be granted if it appears
materiality or relevancy of such evidence, and upon affidavit or sworn certification that the
that due diligence has been used to procure it. presence of such party or counsel at the trial is
But if the adverse party admits the facts to be indispensable and that the character of his or
given in evidence, even if he objects or reserves her illness is such as to render his or her
the right to object to their admissibility, the non-attendance excusable. (4a)
trial shall not be postponed. (4a, R22)
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Section 4. Requisites of motion to postpone trial Section 4. Hearing days and calendar call. –
for illness of party or counsel. – A motion to Trial shall be held from Monday to Thursday,
postpone a trial on the ground of illness of a and courts shall call the cases at exactly 8:30
party or counsel may be granted if it appears a.m. and 2:00 p.m., pursuant to
upon affidavit or sworn certification that the Administrative Circular No. 3-99. Hearing on
presence of such party or counsel at the trial is motions shall be held on Fridays, pursuant to
indispensable and that the character of his Section 8, Rule 15. All courts shall ensure the
illness is such as to render his non-attendance posting of their court calendars outside their
excusable. (5a, R22) courtrooms at least one (1) day before the
scheduled hearings, pursuant to OCA Circular
No counterpart provision No. 250-2015. (n)
Section 5. Order of trial. – Subject to the Section 5. Order of trial. – Subject to the
provisions of section 2 of Rule 31, and unless the provisions of [S]ection 2 of Rule 31, and unless
court for special reasons otherwise directs, the the court for special reasons otherwise directs,
trial shall be limited to the issues stated in the the trial shall be limited to the issues stated in
pre-trial order and shall proceed as follows: the pre-trial order and shall proceed as follows:
(a) The plaintiff shall adduce evidence in (a) The plaintiff shall adduce evidence in
support of his complaint; support of his or her complaint;
(b) The defendant shall then adduce evidence in (b) The defendant shall then adduce
support of his defense, counterclaim, crossclaim evidence in support of his or her
and third-party complaint; defense, counterclaim, cross-claim and
third-party complaint;
(c) The third-party defendant, if any, shall
adduce evidence of his defense, counterclaim, (c) The third-party defendant, if any, shall
crossclaim and fourth-party complaint; adduce evidence of his or her defense,
counterclaim, cross-claim and
(d) The fourth-party, and so forth, if any, shall fourth-party complaint;
adduce evidence of the material facts pleaded
by them; (d) The fourth-party, and so forth, if any,
shall adduce evidence of the material
(e) The parties against whom any counterclaim facts pleaded by them;
93
or cross-claim has been pleaded, shall adduce

evidence in support of their defense, in the (e) The parties against whom any
order to be prescribed by the court; counterclaim or cross-claim has been
pleaded, shall adduce evidence in
(f) The parties may then respectively adduce support of their defense, in the order to
rebutting evidence only, unless the court, for be prescribed by the court;
good reasons and in the furtherance of justice,
permits them to adduce evidence upon their (f) The parties may then respectively
original case; and adduce rebutting evidence only, unless
the court, for good reasons and in the
(g) Upon admission of the evidence, the case furtherance of justice, permits them to
shall be deemed submitted for decision, unless adduce evidence upon their original
the court directs the parties to argue or to case; and
submit their respective memoranda or any
further pleadings. (g) Upon admission of the evidence, the
case shall be deemed submitted for
If several defendants or third-party defendants, decision, unless the court directs the
and so forth, having separate defenses appear parties to argue or to submit their
by different counsel, the court shall determine respective memoranda or any further
the relative order of presentation of their pleadings.
evidence. (1a, R30)
If several defendants or third-party defendants,
No counterpart provision. and so forth, having separate defenses appear
by different counsel, the court shall determine
the relative order of presentation of their
evidence. (5a)
Section 6. Agreed statement of facts. – The Section 6. Oral offer of exhibits. – The offer of
parties to any action may agree, in writing, upon evidence, the comment or objection thereto,
the facts involved in the litigation, and submit and the court ruling shall be made orally in
the case for judgment on the facts agreed upon, accordance with Sections 34 to 40 of Rule
without the introduction of evidence. 132. (n)
If the parties agree only on some of the facts in
94
issue, the trial shall be held as to the disputed

facts in such order as the court shall prescribe.
(2a, R30)
Section 7. Statement of judge. – During the Section 7. Agreed statement of facts. – The
hearing or trial of a case any statement made by parties to any action may agree, in writing, upon
the judge with reference to the case, or to any the facts involved in the litigation, and submit
of the parties, witnesses or counsel, shall be the case for judgment on the facts agreed upon,
made of record in the stenographic notes. (3a, without the introduction of evidence. If the
R30) parties agree only on some of the facts in issue,
the trial shall be held as to the disputed facts in
such order as the court shall prescribe. (6)
Section 8. Suspension of actions. – The Section 8. Suspension of actions. – The

suspension of actions shall be governed by the suspension of actions shall be governed by the
provisions of the Civil Code. (n) provisions of the Civil Code and other laws. (8a)
Section 9. Judge to receive evidence; delegation Section 9. Judge to receive evidence; delegation
to clerk of court. – The judge of the court where to clerk of court. – The judge of the court where
the case is pending shall personally receive the the case is pending shall personally receive the
evidence to be adduced by the parties. However, evidence to be adduced by the parties. However,
in default or ex parte hearings, and in any case in default or ex parte hearings, and in any case
where the parties agree in writing, the court where the parties agree in writing, the court
may delegate the reception of evidence to its may delegate the reception of evidence to its
clerk of court who is a member of the bar. The clerk of court who is a member of the bar. The
clerk of court shall have no power to rule on clerk of court shall have no power to rule on
objections to any question or to the admission of objections to any question or to the admission of
exhibits, which objections shall be resolved by exhibits, which objections shall be resolved by
the court upon submission of his report and the the court upon submission of his or her report
transcripts within ten (10) days from termination and the transcripts within ten (10) calendar days
of the hearing. (n) from termination of the hearing. (9a)
RULE 31 — CONSOLIDATION OR SEVERANCE
95
Section 1. Consolidation. – When actions Section 1. Consolidation. – When actions

involving a common question of law or fact are involving a common question of law or fact are
pending before the court, it may order a joint pending before the court, it may order a joint
hearing or trial of any or all the matters in issue hearing or trial of any or all the matters in issue
in the actions; it may order all the actions in the actions; it may order all the actions
consolidated; and it may make such orders consolidated; and it may make such orders
concerning proceedings therein as may tend to concerning proceedings therein as may tend to
avoid unnecessary costs or delay. (1) avoid unnecessary costs or delay. (1)
Section 2. Separate trials. – The court, in Section 2. Separate trials. – The court, in
furtherance of convenience or to avoid furtherance of convenience or to avoid
prejudice, may order a separate trial of any prejudice, may order a separate trial of any
claim, cross-claim, counterclaim, or third-party claim, cross-claim, counterclaim, or third-party
complaint, or of any separate issue or of any complaint, or of any separate issue or of any
number of claims, cross-claims, counterclaims, number of claims, cross[-]claims, counterclaims,
third-party complaints, or issues. (2a) third-party complaints or issues. (2)
RULE 32 — TRIAL BY COMMISSIONER
Section 1. Reference by consent. – By written Section 1. Reference by consent. – By written

consent of both parties, the court may order any consent of both parties, the court may order any
or all of the issues in a case to be referred to a or all of the issues in a case to be referred to a
commissioner to be agreed upon by the parties commissioner to be agreed upon by the parties
or to be appointed by the court. As used in these or to be appointed by the court. As used in these
Rules, the word commissioner” includes a Rules, the word commissioner” includes a
referee, an auditor and an examiner. (1a, R33) referee, an auditor and an examiner. (1)
Section 2. Reference ordered on motion. – When Section 2. Reference ordered on motion. – When
the parties do not consent, the court may, upon the parties do not consent, the court may, upon
the application of either or of its own motion, the application of either or of its own motion,
direct a reference to a commissioner in the direct a reference to a commissioner in the
following cases: following cases:
(a) When the trial of an issue of fact requires (a) When the trial of an issue of fact requires
96
the examination of a long account on either the examination of a long account on either
side, in which case the commissioner may be side, in which case the commissioner may be
directed to hear and report upon the whole issue directed to hear and report upon the whole issue
or any specific question involved therein; or any specific question involved therein;
(b) When the taking of an account is necessary (b) When the taking of an account is necessary
for the information of the court before for the information of the court before
judgment, or for carrying a judgment or order judgment, or for carrying a judgment or order
into effect; into effect;
(c) When a question of fact, other than upon the (c) When a question of fact, other than upon the
pleadings, arises upon motion or otherwise, in pleadings, arises upon motion or otherwise, in
any stage of a case, or for carrying a judgment any stage of a case, or for carrying a judgment
or order into effect. (2a, R33) or order into effect. (2)
Section 3. Order of reference; powers of the Section 3. Order of reference; powers of the
commissioner. – When a reference is made, the commissioner. – When a reference is made, the
clerk shall forthwith furnish the commissioner clerk shall forthwith furnish the commissioner
with a copy of the order of reference. The order with a copy of the order of reference. The order
may specify or limit the powers of the may specify or limit the powers of the
commissioner, and may direct him to report only commissioner, and may direct him or her to
upon particular issues, or to do or perform report only upon particular issues, or to do or
particular acts, or to receive and report perform particular acts, or to receive and report
evidence only, and may fix the date for evidence only, and may fix the date for
beginning and closing the hearings and for the beginning and closing the hearings and for the
filing of his report. Subject to the specifications filing of his or her report. Subject to the
and limitations stated in the order, the specifications and limitations stated in the
commissioner has and shall exercise the power order, the commissioner has and shall exercise
to regulate the proceedings in every hearing the power to regulate the proceedings in every
before him and to do all acts and take all hearing before him or her and to do all acts and
measures necessary or proper for the efficient take all measures necessary or proper for the
performance of his duties under the order. He efficient performance of his or her duties under
may issue subpoenas and subpoenas duces the order. He or she may issue subpoenas and
tecum, swear witnesses, and unless otherwise subpoenas duces tecum, swear witnesses, and
97
provided in the order of reference, he may rule unless otherwise provided in the order of
upon the admissibility of evidence. The trial or reference, he or she may rule upon the
hearing before him shall proceed in all respects admissibility of evidence. The trial or hearing
as it would if held before the court. (3a, R33) before him or her shall proceed in all respects
as it would if held before the court. (3a)
Section 4. Oath of commissioner. – Before Section 4. Oath of commissioner. – Before

entering upon his duties the commissioner shall entering upon his or her duties the
be sworn to a faithful and honest performance commissioner shall be sworn to a faithful and
thereof. (14, R33) honest performance thereof. (4a)
Section 5. Proceedings before commissioner. – Section 5. Proceedings before commissioner. –

Upon receipt of the order of reference and Upon receipt of the order of reference unless
unless otherwise provided therein, the otherwise provided therein, the commissioner
commissioner shall forthwith set a time and shall forthwith set a time and place for the first
place for the first meeting of the parties or their meeting of the parties or their counsel to be
counsel to be held within ten (10) days after the held within ten (10) calendar days after the
date of the order of reference and shall notify date of the order of reference and shall notify
the parties or their counsel. (5a, R33) the parties or their counsel. (5a)
Section 6. Failure of parties to appear before Section 6. Failure of parties to appear before
commissioner. – If a party fails to appear at the commissioner. – If a party fails to appear at the
time and place appointed, the commissioner time and place appointed, the commissioner
may proceed ex parte or, in his discretion, may proceed ex parte or, in his or her
adjourn the proceedings to a future day, giving discretion, adjourn the proceedings to a future
notice to the absent party or his counsel of the day, giving notice to the absent party or his or
adjournment. (6a, R33) her counsel of the adjournment. (6a)
Section 7. Refusal of witness. – The refusal of a Section 7. Refusal of witness. – The refusal of a
witness to obey a subpoena issued by the witness to obey a subpoena issued by the
commissioner or to give evidence before him, commissioner or to give evidence before him or
shall be deemed a contempt of the court which her, shall be deemed a contempt of the court
appointed the commissioner. (7a, R33) which appointed the commissioner. (7a)
98
Section 8. Commissioner shall avoid delays. – It Section 8. Commissioner shall avoid delays. – It
is the duty of the commissioner to proceed with is the duty of the commissioner to proceed with
all reasonable diligence. Either party, on notice all reasonable diligence. Either party, on notice
to the parties and commissioner, may apply to to the parties and commissioner, may apply to
the court for an order requiring the the court for an order requiring the
commissioner to expedite the proceedings and commissioner to expedite the proceedings and
to make his report. (8a, R33) to make his or her report. (8a)
Section 9. Report of commissioner. – Upon the Section 9. Report of commissioner. – Upon the
completion of the trial or hearing or proceeding completion of the trial or hearing or proceeding
before the commissioner, he shall file with the before the commissioner, he or she shall file
court his report in writing upon the matters with the court his or her report in writing upon
submitted to him by the order of reference. the matters submitted to him or her by the
When his powers are not specified or limited, he order of reference. When his or her powers are
shall set forth his findings of fact and not specified or limited, he or she shall set forth
conclusions of law in his report. He shall attach his or her findings of fact and conclusions of law
thereto all exhibits, affidavits, depositions, in his or her report. He or she shall attach
papers and the transcripts, if any, of the thereto all exhibits, affidavits, depositions,
testimonial evidence presented before him. (9a, papers and the transcript, if any, of the
R33) testimonial evidence presented before him or
her. (9a)
Section 10. Notice to parties of the filing of Section 10. Notice to parties of the filing of
report. – Upon the filing of the report, the report. – Upon the filing of the report, the
parties shall be notified by the clerk, and they parties shall be notified by the clerk, and they
shall be allowed ten (10) days within which to shall be allowed ten (10) calendar days within
signify grounds of objections to the findings of which to signify grounds of objections to the
the report, if they so desire. Objections to the findings of the report, if they so desire.
report based upon grounds which were available Objections to the report based upon grounds
to the parties during the proceedings before the which were available to the parties during the
commissioner, other than objections to the proceedings before the commissioner, other than
findings and conclusions therein set forth, shall objections to the findings and conclusions
not be considered by the court unless they were therein set forth, shall not be considered by the
made before the commissioner. (10, R33) court unless they were made before the
99
commissioner. (10a)
Section 11. Hearing upon report. – Upon the Section 11. Hearing upon report. – Upon the
expiration of the period of ten (10) days referred expiration of the period of ten (10) calendar
to in the preceding section, the report shall be days referred to in the preceding section, the
set for hearing, after which the court shall issue report shall be set for hearing, after which the
an order adopting, modifying, or rejecting the court shall issue an order adopting, modifying,
report in whole or in part, or recommitting it or rejecting the report in whole or in part, or
with instructions, or requiring the parties to recommitting it with instructions, or requiring
present further evidence before the the parties to present further evidence before
commissioner or the court. (11a, R33) the commissioner or the court. (11a)
RULE 33 — DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence. – After the Section 1. Demurrer to evidence. – After the
plaintiff has completed the presentation of his plaintiff has completed the presentation of his
evidence, the defendant may move for dismissal or her evidence, the defendant may move for
on the ground that upon the facts and the law dismissal on the ground that upon the facts and
the plaintiff has shown no right to relief. If his the law the plaintiff has shown no right to relief.
motion is denied, he shall have the right to If his or her motion is denied, he or she shall
present evidence. If the motion is granted but have the right to present evidence. If the motion
on appeal the order of dismissal is reversed, he is granted but on appeal the order of dismissal is
shall be deemed to have waived the right to reversed, he or she shall be deemed to have
present evidence. (1a, R35) waived the right to present evidence. (1a)
No counterpart provision. Section 2. Action on demurrer to evidence. – A

demurrer to evidence shall be subject to the
provisions of Rule 15. The order denying the
demurrer to evidence shall not be subject of
an appeal or petition for certiorari, prohibition
or mandamus before judgment. (n)
RULE 34 — JUDGMENT ON THE PLEADINGS
100
Section 1. Judgment on the Pleadings. — Where Section 1. Judgment on the Pleadings. — Where
an answer fails to tender an issue, or otherwise an answer fails to tender an issue, or otherwise
admits the material allegations of the adverse admits the material allegations of the adverse
party's pleading, the court may, on motion of party's pleading, the court may, on motion of
that party, direct judgment on such pleading. that party, direct judgment on such pleading.
However, in actions for declaration of nullity or However, in actions for declaration of nullity or
annulment of marriage or for legal separation, annulment of marriage or for legal separation,
the material facts alleged in the complaint shall the material facts alleged in the complaint shall
always be proved. always be proved.
Section 2. Action on Motion for judgment on the In the new amendment, section 2 was added
pleadings - The court may motu proprio or on which states that the court may motu proprio
motion render judgment on the pleadings. If it is provide judgment on the pleadings if it is
apparent that the answer fails to tender an issue apparent that the answer fails to tender an
or otherwise admits the material allegations of issue.
the adverse party’s pleadings. Otherwise, the
motion shall be subject to the provisions of Rule Rule 15 allows motion for judgment on the
15 of these Rules pleadings. The movant is required to present
proof of service on the adverse party. The latter
Any action of the court on a motion for after such notice has 5 calendar days to file an
judgment on the pleadings shall not be subject opposition. Thereafter, the court would be given
of an appeal or petition for certiorari, 15 calendar days to resolve the motion with or
prohibition or mandamus. without the opposition.
Under the new provision, the granting or

disallowing the motion or any action of the court
on motion is not a subject of appeal or petition
for certiorari, prohibition or mandamus before
the judgment. Rather, what should be done is to
proceed to trial .
RULE 35 - SUMMARY JUDGMENTS
Section 1. Summary Judgment for claimant – A Section 1. Summary Judgment for claimant – A
101
party seeking to recover upon a claim, party seeking to recover upon a claim,
counterclaim or cross-claim or to obtain a counterclaim or cross-claim or to obtain a
declaratory relief may at any time after the declaratory relief may at any time after the
pleading in answer thereto has been served pleading in answer thereto has been served
move with supporting affidavits, depositions or move with supporting affidavits, depositions or
admissions for a summary judgment in his favor admissions for a summary judgment in his or her
upon all or any part thereof. favor upon all or any part thereof.
Section 2. Summary Judgment for Defending Section 2. Summary Judgment for Defending
Party. — A party against whom a claim, Party. — A party against whom a claim,
counterclaim, or cross-claim is asserted or a counterclaim, or cross-claim is asserted or a
declaratory relief is sought may, at any time, declaratory relief is sought may, at any time,
move with supporting affidavits, depositions or move with supporting affidavits, depositions or
admissions for a summary judgment in his or her admissions for a summary judgment in his or her
favor as to all or any part thereof. favor as to all or any part thereof.
Section 3. Motion and Proceedings Thereon. — Section 3. Motion and Proceedings Thereon. —
The motion shall cite the supporting affidavits, The motion shall cite the supporting affidavits,
depositions or admissions, and the specific law depositions or admissions, and the specific law
relied upon. The adverse party may file a relied upon. The adverse party may file a
comment and serve opposing affidavits, comment and serve opposing affidavits,
depositions, or admissions within a depositions, or admissions within a
non-extendible period of five (5) calendar days non-extendible period of five (5) calendar days
from receipt of the motion. Unless the court from receipt of the motion. Unless the court
orders the conduct of a hearing, judgment orders the conduct of a hearing, judgment
sought shall be rendered forthwith if the sought shall be rendered forthwith if the
pleadings, supporting affidavits, depositions and pleadings, supporting affidavits, depositions and
admissions on file, show that, except as to the admissions on file, show that, except as to the
amount of damages, there is no genuine issue as amount of damages, there is no genuine issue as
to any material fact and that the moving party is to any material fact and that the moving party is
entitled to judgment as a matter of law. entitled to judgment as a matter of law.
Any action of the court on a motion for summary Any action of the court on a motion for summary
judgment shall not be subject of an appeal or judgment shall not be subject of an appeal or
102
petition for certiorari, prohibition or petition for certiorari, prohibition or

mandamus. mandamus.
Section 4. Case not fully adjudicated on motion – Section 4. Case not fully adjudicated on motion
if on motion under this rule, judgment is not – if on motion under this rule, judgment is not
rendered upon the whole case or for all the rendered upon the whole case or for all the
reliefs sought and a trial is necessary, the court reliefs sought and a trial is necessary, the court
at the hearing of the motion by examining the may, by examining the pleadings and the
pleadings and the evidence before it and by evidence before it and by interrogating counsel,
interrogating counsel shall ascertain what ascertain what material facts exist without
material facts exist without substantial substantial controversy including the extent to
controversy and what are actually and in good which the amount of damages or other relief is
faith controverted. not in controversy and direct such further
proceedings in the action as are just. The facts
It shall thereupon make an order specifying the so ascertained shall be deemed established, and
facts that appear without substantial the trial shall be conducted on the controverted
controversy including the extent to which the facts accordingly.
amount of damages or other relief is not a
controversy, and directing such further
proceedings in the action as are just.
The facts so specified shall be deemed

established and the trial shall be conducted on
the controverted facts accordingly
Section 5. Form of Affidavits and Supporting Section 5. Form of Affidavits and Supporting
Papers. — Supporting and opposing affidavits Papers. — Supporting and opposing affidavits
shall be made on personal knowledge, shall set shall be made on personal knowledge, shall set
forth such facts as would be admissible in forth such facts as would be admissible in
evidence, and shall show affirmatively that the evidence, and shall show affirmatively that the
affiant is competent to testify to the matters affiant is competent to testify to the matters
stated therein. Certified true copies of all stated therein. Certified true copies of all
papers or parts thereof referred to in the papers or parts thereof referred to in the
affidavit shall be attached thereto or served affidavit shall be attached thereto or served
103
therewith. therewith.
Section 6. Affidavits in Bad Faith. — Should it Section 6. Affidavits in Bad Faith. — Should it
appear to its satisfaction at any time that any appear to its satisfaction at any time that any
of the affidavits presented pursuant to this Rule of the affidavits presented pursuant to this Rule
are presented in bad faith, or solely for the are presented in bad faith, or solely for the
purpose of delay, the court shall forthwith order purpose of delay, the court shall forthwith order
the offending party or counsel to pay to the the offending party or counsel to pay to the
other party the amount of the reasonable other party the amount of the reasonable
expenses which the filing of the affidavits expenses which the filing of the affidavits
caused him to incur, including attorney's fees, it caused him or her to incur, including attorney's
may, after hearing further adjudge the fees, it may, after hearing further adjudge the
offending party or counsel guilty of contempt. offending party or counsel guilty of contempt
RULE 144 — EFFECTIVENESS
Rule 144 - Effectiveness - These rules shall take Rule 144 - Effectiveness - These rules shall take The 2019 proposed amendments to the 1997
effect on January 1, 1964. They shall govern all effect on January 1, 1964. They shall govern all Rules of Civil Procedure has retroactive effect to
cases brought after they take effect, and also all cases brought after they take effect, and also all all pending proceedings. Except to the extent
further proceedings in cases then pending. further proceedings in cases then pending, that in the opinion of the court, their
except to the extent that in the opinion of the except to the extent that in the opinion of the application would not be feasible or would work
court their application would not be feasible or court, their application would not be feasible or injustice, in which case the procedure under
would work injustice, in which event the former would work injustice, in which even the former which the cases were filed shall govern.
procedure shall apply procedure shall apply.
The 2019 Proposed Amendments to the 1997

Rules of Civil Procedure shall govern all cases
filed after their effectivity on May 1, 2020, and
also all pending proceedings, except to the
extent that in the opinion of the court, their
application would not be feasible or would work
injustice, in which case the procedure under
which the cases were filed shall govern. (n)
104
The application and adherence to the said

amendments shall be subject to periodic
monitoring bv the Sub-Committee, through the
Office of the Court Administrator (OCA). For this
purpose, all courts covered by the said
amendments shall accomplish and submit a
periodic report of data in a form to be
generated and distributed by the OCA. (n)
All rules, resolutions, regulations or circulars of

the supreme court or parts thereof that are
inconsistent with any provision of the said
amendments are hereby deemed repealed or
modified accordingly.
105

Comparison of Old and New Rules

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BP Blg. 129 vs. RA 11576

JURISDICTION OF SUPREME COURT

Section 28. Other Metropolitan Trial Courts. –

and municipalities comprising the metropolitan

Every Metropolitan Trial Judge shall be appointed

Section 34. Delegated jurisdiction in cadastral

JURISDICTION OF COURT OF APPEALS

1. Original jurisdiction to issue writs of

2. Exclusive original jurisdiction over actions for

3. Exclusive appellate jurisdiction over all final

The court of Appeals shall have the power to try

must be continuous and must be completed

JURISDICTION OF COURT OF TAX APPEALS

(1) Exclusive original jurisdiction in tax

JURISDICTION OF REGIONAL TRIAL COURT

or possession of, real property, or any interest xxx

(7) In all civil actions and special proceedings

of the Courts of Agrarian Relations as now

(8) In all other cases in which the demand,

JURISDICTION OF REGIONAL TRIAL COURT

partnership or association and the state insofar

(c) Controversies in the election or appointments

Originally, exclusive and original jurisdiction

● Exclusive and original jurisdiction of

JURISDICTION OF FAMILY COURTS

c) Petitions for adoption of children and the revocation thereof;

e) Petitions for support and/or acknowledgment;

g) Petitions for declaration of status of children as abandoned, dependent o neglected children,

h) Petitions for the constitution of the family home;

k) Cases of domestic violence against:

JURISDICTION OF FIRST LEVEL COURTS (MTC, MeTC, MCTC, MTCC)

(4) Exclusive original jurisdiction in admiralty

1997 RULES OF COURT vs. 2019 AMENDMENTS

RULE 6 — KINDS OF PLEADINGS

(b) An affirmative defense is an allegation of a (b) An affirmative defense is an allegation

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

admitting the material allegations in the hypothetically admitting the material

Affirmative defenses may also include grounds

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

same action is barred, unless otherwise

In the event of an actionable document

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

The third (fourth, etc.)-party complaint shall

RULE 7 — PARTS AND CONTENTS OF A PLEADING

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

based on belief or a lack of

Section 4. Verification. — Except when Section 4. Verification. – Except when otherwise

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

The signature of the affiant shall further serve

A pleading required to be verified that contains

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

1997 RULES OF COURT 2019 RULES OF COURT COMMENTS/REMARKS

of the party or his counsel clearly constitute

There is no Section 6. Section 6. Contents. Every pleading stating a

(a) Names of witnesses who will be