Matrix Rules On Civil Procedure 1

RULE 6
OLD NEW
SECTION 2 SECTION 2
Pleadings allowed. — The claims of a party are Pleadings allowed. - The claims of a party are
asserted in a complaint, counterclaim, cross-claim, asserted in a complaint, counterclaim, cross-claim,
third (fourth, etc.)-party complaint, or complaint-in- third (fourth, etc.)-party complaint, or complaint-in-
intervention. intervention.
The defenses of a party are alleged in the answer to

The defenses of a party are alleged in the answer to
the pleading asserting a claim against him or her.
the pleading asserting a claim against him.
An answer may be responded to by a reply only if the
An answer may be responded to by a reply. (n) defending party attaches an actionable document
to the answer. (2a)
SUMMARY OF REVISION::
 The respondent can only reply if defending party attaches an actionable document to the answer.
SECTION 3 SECTION 3
Complaint. - The complaint is the pleading alleging the

Complaint. — The complaint is the pleading alleging
plaintiff’s or claiming party’s cause or causes of
the plaintiff's cause or causes of action. The names
action. The names and residences of the plaintiff and
and residences of the plaintiff and defendant must be
defendant must be stated in the complaint. (3a)
stated in the complaint. (3a)
SUMMARY OF REVISION:
SECTION 5 SECTION 5
Defenses. — Defenses may either be negative or

Defenses. — Defenses may either be negative or
affirmative.
affirmative.
(a) A negative defense is the specific denial of the
(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the
material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of
claimant essential to his cause or causes of action. action.
(b) An affirmative defense is an allegation of a new (b) An affirmative defense is an allegation of a

matter which, while hypothetically admitting the new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him. would nevertheless prevent or bar recovery by him or
The affirmative defenses include fraud, statute of her. The affirmative defenses include fraud, statute of
limitations, release, payment, illegality, statute of limitations, release, payment, illegality, statute of
frauds, estoppel, former recovery, discharge in frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of bankruptcy, and any other matter by way of
confession and avoidance. (5a) 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.
(5a)
 Addition to the AFFIRMATIVE DEFENSES:

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 SECTION 7
Compulsory counterclaim. — A compulsory

Compulsory counterclaim. — A compulsory
counterclaim is one which, being cognizable by the
counterclaim is one which, being cognizable by the
regular courts of justice, arises out of or is connected
regular courts of justice, arises out of or is connected
with the transaction or occurrence constituting the
with the transaction or occurrence constituting the
subject matter of the opposing party's claim and does
subject matter of the opposing party's claim and does
not require for its adjudication the presence of third
not require for its adjudication the presence of third
parties of whom the court cannot acquire
parties of whom the court cannot acquire jurisdiction.
jurisdiction. Such a counterclaim must be within
Such a counterclaim must be within the jurisdiction of
the jurisdiction of the court both as to the amount and
the court both as to the amount and the nature
the nature thereof, except that in an original action
thereof, except that in an original action before the
before the Regional Trial Court, the counterclaim
Regional Trial Court, the counter-claim may be
may be considered compulsory regardless of the
considered compulsory regardless of the amount. (n)
amount. A compulsory counterclaim not raised in
the same action is barred, unless otherwise
allowed by these Rules. (7a)
SECTION 8 SECTION 8
Cross-claim. - A cross-claim is any claim by one party

Cross-claim. — A cross-claim is any claim by one party
against a co-party arising out of the transaction or
against a co-party arising out of the transaction or
occurrence that is the subject matter either of the
occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such
original action or of a counterclaim therein. Such
cross-claim may cover all or part of the original
cross-claim may include a claim that the party against
claim. (8a)
whom it is 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)
 “Such cross-claim may include a claim that the party against whom it is 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.” was changed to “Such
cross-claim may cover all or part of the original claim.”
SECTION 10 SECTION 10
Reply. —All new matters alleged in the answer

Reply. — A reply is a pleading, the office or function of
are deemed controverted. If the plaintiff wishes
which is to deny, or allege facts in denial or avoidance
to interpose any claims arising out of the new
of new matters alleged by way of defense in the
matters so alleged, such claims shall be set forth
answer and thereby join or make issue as to such new
in an amended or supplemental complaint.
matters. If a party does not file such reply, all the new
However, the plaintiff may file a reply only if the
matters alleged in the answer are deemed
defending party attaches an actionable document
controverted.
to his or her answer.
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. (10a)
 All new matters alleged in the answer are deemed controverted
 Additional claims arising out of the new matters so alleged shall be set forth in an amended or supplemental
complaint.
 The plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.
 A Rejoinder may also be filed only if an actionable document is attached to the Reply and the Rejoinder is
limited to the said actionable document.
Third, (fourth, etc.)-party complaint. — A third (fourth,

Third, (fourth, etc.)—party complaint. — A third (fourth,
etc.)-party complaint is a claim that a defending party
etc.) — party complaint is a claim that a defending party
may, with leave of court, file against a person not a
may, with leave of court, file against a person not a party
party to the action, called the third (fourth, etc.)-party
to the action, called the third (fourth, etc.) — party
defendant for contribution, indemnity, subrogation or
defendant for contribution, indemnity, subrogation or any
any other relief, in respect of his or her opponent's
other relief, in respect of his opponent's claim. (12a)
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.
(11a)
 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.
RULE 7
OLD NEW
SECTION 3 SECTION 3
Signature and address. — Every pleading must be Signature and address. — (a) Every pleading and
signed by the party or counsel representing him, stating other written submissions to the court must be signed
in either case his address which should not be a post by the party or counsel representing him or her.
office box.
(b) The signature of counsel constitutes a certificate by
The signature of counsel constitutes a certificate by him him or her that he or she has read the pleading and
that he has read the pleading; that to the best of his document; that to the best of his or her
knowledge, information, and belief there is good ground knowledge, information, and belief, formed after an
to support it; and that it is not interposed for delay. inquiry reasonable under the circumstances:
An unsigned pleading produces no legal effect. (1)It is not being presented for any improper
However, the court may, in its discretion, allow such purpose, such as to harass, cause
deficiency to be remedied if it shall appear that the unnecessary delay, or needlessly increase the
same was due to mere inadvertence and not intended cost of litigation;
for delay. Counsel who deliberately files an unsigned
pleading, or signs a pleading in violation of this Rule, or (2)The claims, defenses, and other legal
alleges scandalous or indecent matter therein, or fails contentions are warranted by existing law or
promptly report to the court a change of his address, jurisprudence, or by a non-frivolous
shall be subject to appropriate disciplinary action. (5a) 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
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 shall not be limited
to, non-monetary directive or sanction; 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 the
motion for sanction. The lawyer or law firm
cannot pass on the monetary penalty to the
client. (3a)
 Under the present rules, signature of counsel constitutes a certificate by him/her that he/she has read the
pleading and that to the best of his knowledge, information and belief, there is good ground to support it and it is
not interposed for delay.
 The Revised Rules expands this certification to include the following:
a) the document is not being presented for any improper purpose,

b) the claims, defenses, and other legal contentions are warranted by existing law or jurisprudence
or by non-frivolous argument for modifying or reversing existing jurisprudence,
c) the factual contentions have evidentiary support or will have evidentiary support after availment
of the modes of discovery, and
d) denials of factual contentions are warranted by evidence, or reasonably based on belief or lack of
information.
 Violation of the above warranties exposes the responsible attorney, law firm, or party to court sanctions. This
provision applies to "every pleading and other written submissions to the court", and thus arguably applies not
only to signatures by external counsel but also by in-house counsels who sign and submit papers in the course of
the proceedings to the court. These may be construed as extending to submissions such as judicial affidavits, and
documents verified by in-house counsel.
SECTION 4 SECTION 4
Verification. — Except when otherwise specifically Verification. — Except when otherwise specifically
required by law or rule, pleadings need not be under required by law or rule, pleadings need not be under
oath, verified or accompanied by affidavit .(5a) oath or verified.
A pleading is verified by an affidavit that the affiant has

read the pleading and that the allegations therein are A pleading is verified by an affidavit of an affiant
true and correct of his knowledge and belief. duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a
A pleading required to be verified that contains a party, whether in the form of a secretary’s
verification based on “information and belief,” or upon certificate or a special power of attorney, should
“knowledge, information and belief,” or lacks a be attached to the pleading, and shall allege the
proper verification, shall be treated as an unsigned following attestations:
pleading.
(a)The allegations in the pleading are 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. (4a)
In the present rule a pleading is verified by an affidavit that the affiant has read the pleading and that the allegations
therein are true and correct of his knowledge and belief. This is no longer the case.
 The revised rules expands the qualification of a verified pleading.
 A pleading is verified by an affidavit of an affiant duly authorized to sign said verification.
 The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s
certificate or a special power of attorney, should be:
1. Attached to the pleading, and

2. Shall allege the following attestations:
(a)The allegations in the pleading are 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.
SECTION 5 SECTION 5
Certification against forum shopping. — The plaintiff or Certification against forum shopping. — The plaintiff or
principal party shall certify under oath in the complaint principal party shall certify under oath in the complaint
or other initiatory pleading asserting a claim for relief, or other initiatory pleading asserting a claim for relief,
or in a sworn certification annexed thereto and or in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has not simultaneously filed therewith: (a) that he or she has
theretofore commenced any action or filed any claim not theretofore commenced any action or filed any
involving the same issues in any court, tribunal or claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of his knowledge, quasi-judicial agency and, to the best of his or her
no such other action or claim is pending therein; (b) if knowledge, no such other action or claim is pending
there is such other pending action or claim, a complete therein; (b) if there is such other pending action or
statement of the present status thereof; and (c) if he claim, a complete statement of the present status
should thereafter learn that the same or similar action thereof; and (c) if he or she should thereafter learn that
or claim has been filed or is pending, he shall report the same or similar action or claim has been filed or is
that fact within five (5) days therefrom to the court pending, he or she shall report that fact within five (5)
wherein his aforesaid complaint or initiatory pleading calendar days therefrom to the court wherein his or
has been filed. her aforesaid complaint or initiatory pleading has been
filed.
Failure to comply with the foregoing requirements shall
not be curable by mere amendment of the complaint or The authorization of the affiant to act on behalf of
other initiatory pleading but shall be cause for the a party, whether in the form of a secretary’s
dismissal of the case without prejudice, unless certificate or a special power of attorney, should
otherwise provided, upon motion and after hearing. The be attached to the pleading.
submission of a false certification or non-compliance
with any of the undertakings therein shall constitute Failure to comply with the foregoing requirements shall
indirect contempt of court, without prejudice to the not be curable by mere amendment of the complaint or
corresponding administrative and criminal actions. If other initiatory pleading but shall be cause for the
the acts of the party or his counsel clearly constitute dismissal of the case without prejudice, unless
willful and deliberate forum shopping, the same shall be otherwise provided, upon motion and after hearing. The
ground for summary dismissal with prejudice and shall submission of a false certification or non-compliance
constitute direct contempt, as well as a cause for with any of the undertakings therein shall constitute
administrative sanctions. (n) indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions. If
the acts of the party or his or her 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. (5a)
 Secretary’s certificate or the SPA should be attached to the pleading
SECTION 6 (NEW PROVISION)
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)
 The Revised Rules require a Complaint and an Answer (or any other pleading containing a party's claims and
defenses) to already contain or append the:
(a) names of the witnesses,
(b) a summary of their intended testimonies,

(c) judicial affidavits of the witnesses
 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;
(d) The documentary and object evidence in support of a party's allegations.
 This means that anyone wishing to file a complaint or who finds itself being a respondent in a case, must
immediately prepare the evidence in support of the Complaint or Answer. This is a significant change from the
present practice where these information/documents are submitted in the course of pre-trial which usually takes
place many months after the filing of the Complaint or Answer.
RULE 8
OLD NEW
SECTION 1 SECTION 1
In general. — Every pleading shall contain in a In general. — Every pleading shall contain in a
methodical and logical form, a plain, concise and methodical and logical form, a plain, concise and
direct statement of the ultimate facts on which the direct statement of the ultimate facts, including
party pleading relies for his claim or defense, as the the evidence on which the party pleading relies for
case may be, omitting the statement of mere his or her claim or defense, as the case may be.
evidentiary facts. (1)
If a cause of action or defense relied on is based
If a defense relied on is based on law, the pertinent on law, the pertinent provisions thereof and their
provisions thereof and their applicability to him or applicability to him or her shall be clearly and
her shall be clearly and concisely stated. concisely stated. (1a)
 “Omitting the statement of mere evidentiary facts.” Deleted in the revised rules
SECTION 6 SECTION 6
Judgment. — In pleading a judgment or decision of Judgment. — In pleading a judgment or decision of

a domestic or foreign court, judicial or quasi-judicial a domestic or foreigncourt, judicial or quasi-judicial
tribunal, or of a board or officer, it is sufficient to tribunal, or of a board or officer, it is sufficient to
aver the judgment or decision without setting forth aver the judgment or decision without setting forth
matter showing jurisdiction to render it. (6) matter showing jurisdiction to render it. An
authenticated copy of the judgment or decision
shall be attached to the pleading. (6a)
Allegations not specifically denied deemed admitted. Allegations not specifically denied deemed
— Material averment in the complaint, other than admitted. — Material averments in a pleading
those as to the amount of unliquidated damages, asserting a claim or claims, other than those as
shall be deemed admitted when not specifically to the amount of unliquidated damages, shall be
denied. Allegations of usury in a complaint to deemed admitted when not specifically denied.
recover usurious interest are deemed admitted if not (11a)
denied under oath. (1a, R9)
SECTION 12 (NEW PROVISION)
Affirmative defenses. —
(a) A defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to the
reasons set forth under Section 5(b), Rule 6, and the following grounds: 1.That the court has no jurisdiction
over the person of the defending party; 2.That venue is improperly laid; 3.That the plaintiff has no legal
capacity to sue; 4.That the pleading asserting the claim states no cause of action; and 5.That a condition
precedent for filing the claim has not been complied with. (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)
 (a) A defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to:
 fraud,
 statute of limitations,
 release,
 payment,
 illegality,
 statute of frauds,
 estoppel,
 former recovery,
 discharge in bankruptcy, and
 any other matter by way of confession and avoidance
 and the following grounds:
1.That the court has no jurisdiction over the person of the defending party;
2.That venue is improperly laid;

3.That the plaintiff has no legal capacity to sue;
4.That the pleading asserting the claim states no cause of action; and
5.That a condition precedent for filing the claim has not been complied with.
 (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(fraud, statute of
limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and
any other matter by way of confession and avoidance.):
 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
RULE 9
OLD NEW
SECTION 3 SECTION 3
Default; declaration of. — If the defending party fails to Default; Declaration of. — If the defending party fails to
answer within the time allowed therefor, the court shall, answer within the time allowed therefor, the court shall,
upon motion of the claiming party with notice to the upon motion of the claiming party with notice to the
defending party, and proof of such failure, declare the defending party, and proof of such failure, declare the
defending party in default. Thereupon, the court shall defending party in default. Thereupon, the court shall
proceed to render judgment granting the claimant such proceed to render judgment granting the claimant such
relief as his pleading may warrant, unless the court in its relief as his or her pleading may warrant, unless the
discretion requires the claimant to submit evidence. Such court in its discretion requires the claimant to submit
reception of evidence may be delegated to the clerk of evidence. Such reception of evidence may be delegated
court. (1a, R18) to the clerk of court.
(a) Effect of order of default. — A party in default shall be (a) Effect of order of default. — A party in default shall be
entitled to notice of subsequent proceedings but not to entitled to notices of subsequent proceedings but shall
take part in the trial. (2a, R18) not take part in the trial.
(b) Relief from order of default. — A party declared in (b) Relief from order of default. — A party declared in
default may at any time after notice thereof and before default may at any time after notice thereof and before
judgment file a motion under oath to set aside the order judgment, file a motion under oath to set aside the order
of default upon proper showing that his failure to answer of default upon proper showing that his or her failure to
was due to fraud, accident, mistake or excusable answer was due to fraud, accident, mistake or excusable
negligence and that he has a meritorious defense. In negligence and that he or she has a meritorious defense.
such case, the order of default may be set aside on such In such case, the order of default may be set aside on
terms and conditions as the judge may impose in the such terms and conditions as the judge may impose in
interest of justice. (3a, R18) the interest of justice.
(c) Effect of partial default. — When a pleading asserting (c) Effect of partial default. — When a pleading asserting
a claim states a common cause of action against several a claim states a common cause of action against several
defending parties, some of whom answer and the others defending parties, some of whom answer and the others
fail to do so, the court shall try the case against all upon fail to do so, the court shall try the case against all upon
the answers thus filed and render judgment upon the the answers thus filed and render judgment upon the
evidence presented. (4a, R18). evidence presented.
(d) Extent of relief to be awarded. — A judgment (d) Extent of relief to be awarded. — A judgment
rendered against a party in default shall not exceed the rendered against a party in default shall neither exceed
amount or be different in kind from that prayed for nor the amount or be different in kind from that prayed for
award unliquidated damages. (5a, R18). nor award unliquidated damages.
(e) Where no defaults allowed. — If the defending party (e) Where no defaults allowed. — If the defending party
in an action for annulment or declaration of nullity of in an action for annulment or declaration of nullity of
marriage or for legal separation fails to answer, the court marriage or for legal separation fails to answer, the court
shall order the prosecuting attorney to investigate shall order the Solicitor General or his or her
whether or not a collusion between the parties exists, deputized public prosecutor, to investigate whether
and if there is no collusion, to intervene for the State in or not a collusion between the parties exists, and if there
order to see to it that the evidence submitted is not is no collusion, to intervene for the State in order to see
fabricated. (6a, R18) to it that the evidence submitted is not fabricated. (3a)
 “Prosecuting attorney” was changed to “Solicitor General or his or her deputized public prosecutor”
RULE 10
OLD NEW
SECTION 3 SECTION 3
Amendments by leave of court. — Except as provided in the Amendments by leave of court. — Except as provided in
next preceding section, substantial amendments may be the next preceding Section, substantial amendments may be
made only upon leave of court. But such leave may be made only upon leave of court. But such leave shall be
refused if it appears to the court that the motion was made refused if it appears to the court that the motion was made
with intent to delay. Orders of the court upon the matters with intent to delay or confer jurisdiction on the court, or
provided in this section shall be made upon motion filed in the pleading stated no cause of action from the
court, and after notice to the adverse party, and an beginning which could be amended.Orders of the court
opportunity to be heard. (3a) 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. (3a)
 Leave of court shall be refused if:
 It appears to the court that the motion was made with intent to delay or
 Confer jurisdiction on the court, or
 The pleading stated no cause of action from the beginning which could be amended.
SECTION 5 SECTION 5
Amendment to conform to or authorize presentation of No amendment necessary to conform to or authorize

evidence. — When issues not raised by the pleadings are tried presentation of evidence.— When issues not raised by the
with the express or implied consent of the parties they shall pleadings are tried with the express or implied consent of the
be treated in all respects as if they had been raised in the parties, they shall be treated in all respects as if they had
pleadings. Such amendment of the pleadings as may be been raised in the pleadings. No amendment of such
necessary to cause them to conform to the evidence and to pleadings deemed amended is necessary to cause
raise these issues may be made upon motion of any party at them to conform to the evidence. (5a)
any time, even after judgment; but failure to amend does not
effect 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.
(5a)
 No amendment to the pleading necessary when issues not raised by the pleadings are tried with the express or
implied consent of the parties.
 These issues shall be treated in all respects as if they had been raised in the pleadings.
SECTION 8 SECTION 8
Effect of amended pleadings. — An amended pleading Effect of amended pleadings. — An amended pleading
supersedes the pleading that it amends. However, admissions supersedes the pleading that it amends. However, admissions
in superseded pleadings may be received in evidence against in superseded pleadings may be offered in evidence against
the pleader, and claims or defenses alleged therein not the pleader, and claims or defenses alleged therein not
incorporated in the amended pleading shall be deemed incorporated in the amended pleading shall be deemed
waived. (n) waived.
 “Pleadings may be received” was changed to “pleadings may be offered”
RULE 11
OLD NEW
SECTION 1 SECTION 1
Answer to the complaint. — The defendant shall file his Answer to the complaint. — The defendant shall file his or
answer to the complaint within fifteen (15) days after her answer to the complaint within thirty (30) calendar
service of summons, unless a different period is fixed by days after service of summons, unless a different period
the court. (la) is fixed by the court. (1a)
 15 days changed to 30 calendar days
SECTION 2 SECTION 2
Answer of a defendant foreign private juridical entity. — Answer of a defendant foreign private juridical entity. —
Where the defendant is a foreign private juridical entity and Where the defendant is a foreign private juridical entity and
service of summons is made on the government official service of summons is made on the government official
designated by law to receive the same, the answer shall be designated by law to receive the same, the answer shall be
filed within thirty (30) days after receipt of summons by such filed within sixty (60) calendar days after receipt of
entity. (2a) summons by such entity. (2a)
SECTION 3 SECTION 3
Answer to amended complaint. — When the plaintiff files an Answer to amended complaint. — When the plaintiff files an
amended complaint as a matter of right, the defendant shall amended complaint as a matter of right, the defendant shall
answer the same within fifteen (15) days after being served answer 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 defendant shall Where its filing is not a matter of right, the defendant shall
answer the amended complaint within ten (l0) days from answer the amended complaint within fifteen (15) calendar
notice of the order admitting the same. An answer earlier filed days from notice of the order admitting the same. An answer
may serve as the answer to the amended complaint if no new earlier filed may serve as the answer to the amended
answer is filed. complaint if no new answer is filed.
This Rule shall apply to the answer to an amended This Rule shall apply to the answer to an amended
counterclaim, amended cross-claim, amended third (fourth, counterclaim, amended cross-claim, amended third (fourth,
etc.)—party complaint, and amended complaint-in- etc.)-party complaint, and amended complaint-in-
intervention. (3a) intervention. (3a)
SECTION 4 SECTION 4
Answer to counterclaim or cross-claim. — A counterclaim or Answer to counterclaim or cross-claim. — A counterclaim or

cross-claim must be answered within ten (10) days from cross-claim must be answered within twenty (20) calendar
service. (4) days from service. (4a)
SECTION 6 SECTION 6
Reply. — A reply may be filed within ten (10) days from Reply. — A reply, if allowed under Section 10, Rule 6
service of the pleading responded to. (6) hereof, may be filed within fifteen (15) calendar
days from service of the pleading responded to. (6a)
SECTION 7 SECTION 7
Answer to supplemental complain. — A supplemental Answer to supplemental complaint. — A supplemental

complaint may be answered within ten (10) days from notice complaint may be answered within twenty (20) calendar
of the order admitting the same, unless a different period is days from notice of the order admitting the same, unless a
fixed by the court. The answer to the complaint shall serve as different period is fixed by the court. The answer to the
the answer to the supplemental complaint if no new or complaint shall serve as the answer to the supplemental
supplemental answer is filed. (n complaint if no new or supplemental answer is filed. (7a)
Extension of time to plead. — Upon motion and on such terms Extension of time to file an answer. — A defendant may,
as may be just, the court may extend the time to plead for meritorious reasons, be granted an additional
provided in these Rules. period of not more than thirty (30) calendar days to file
an answer. A defendant is only allowed to file one (1)
The court may also, upon like terms, allow an answer or other motion for extension of time to file an answer.
pleading to be filed after the time fixed by these Rules. (7)
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.
(11a)
 Motion for extension of time to file an answer is allowed only once.
 Additional period of not more than thirty (30) calendar days may be granted to file an answer.
 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 13
Note: Provisions under this rule are summarized individually in separate matrixes
OLD NEW
SECTION 1 SECTION 1
Coverage. — This Rule shall govern the filing of all Coverage. — This Rule shall govern the filing of all
pleadings and other papers, as well as the service pleadings, motions, and other court submissions, as
thereof, except those for which a different mode of well as their service, except those for which a different
service is prescribed. (n) mode of service is prescribed. (1a)
 Coverage of rule 13 is expanded to, motions, and other court submissions.
SECTION 2 SECTION 2
Filing and service, defined. — Filing is the act of presenting Filing and Service, defined. — Filing is the act of submitting
the pleading or other paper to the clerk of court. the pleading or other paper to the court.
Service is the act of providing a party with a copy of the
pleading or paper concerned. If any party has appeared by Service is the act of providing a party with a copy of the
counsel, service upon him shall be made upon his counsel or pleading or any other court submission. If a party has
one of them, unless service upon the party himself is ordered appeared by counsel, service upon such party shall be made
by the court. Where one counsel appears for several parties, upon his or her counsel, unless service upon the party and
he shall only be entitled to one copy of any paper served the party’s counsel is ordered by the court. Where one
upon him by the opposite side. (2a) counsel appears for several parties, such counsel shall only
be entitled to one copy of any paper served by the opposite
side.
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 if there is no
designation of a lead counsel. (2a)
 Only one copy of any pleading will be received by a party having several counsels.
 These pleadings or papers are to be served to the lead counsel, or any one of the counsels if there is no designated
lead counsel,
SECTION 3 SECTION 3
Manner of filing. — The filing of pleadings, appearances, Manner of filing. — The filing of pleadings and other court
motions, notices, orders, judgments and all other papers shall submissions shall be made by:
be made by presenting the original copies thereof, plainly
indicated as such, personally to the clerk of court or by (a) Submitting personally the original thereof, plainly
sending them by registered mail. In the first case, the clerk of indicated as such, to the court;
court shall endorse on the pleading the date and hour of
filing. In the second case, the date of the mailing of motions, (b)Sending them by registered mail;
pleadings, or any other papers or payments or deposits, as
shown by the post office stamp on the envelope or the (c) Sending them by accredited courier; or
registry receipt, shall be considered as the date of their filing,
payment, or deposit in court. The envelope shall be attached (d) Transmitting them by electronic mail or other
to the record of the case. (1a) electronic means as may be authorized by the Court in
places where the court is electronically equipped.
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 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. (3a)
(a) Submitting personally the original thereof, plainly indicated as such, to the court;
 The clerk of court shall endorse on the pleading the date and hour of filing
(b)Sending them by registered mail;

 The date of the 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
(c) Sending them by accredited courier; or

 The date of the 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.
(d) Transmitting them by electronic mail or other electronic means as may be authorized by the Court in places
where the court is electronically equipped.
 The date of electronic transmission shall be considered as the date of filing.
SECTION 5 SECTION 5
Modes of service. — Service of pleadings motions, notices, Modes of Service. — Pleadings, motions, notices, orders,
orders, judgments and other papers shall be made either judgments, and other court submissions shall be served
personally or by mail. (3a) personally or by registered mail, accredited courier,
electronic mail, facsimile transmission, other electronic
means as may be authorized by the Court, or as
provided for in international conventions to which the
Philippines is a party. (5a)
 Additional modes of service:
 Personal
 By registered mail,
 Accredited courier,
Electronic mail,
 Facsimile transmission,
 Other electronic means as may be authorized by the Court, or as provided for in international
conventions to which the Philippines is a party
SECTION 6 SECTION 6
Personal service. — Service of the papers may be made by Personal Service. — Court submissions may be
delivering personally a copy to the party or his counsel, or by served by personal delivery of a copy to the party or
leaving it in his office with his clerk or with a person having to the party’s counsel, or to their authorized
charge thereof. If no person is found in his office, or his office representative named in the appropriate pleading
is not known, or he has no office, then by leaving the copy, or motion, or by leaving it in his or her office with his or
between the hours of eight in the morning and six in the her clerk, or with a person having charge thereof. If no
evening, at the party's or counsel's residence, if known, with person is found in his or her office, or his or her office is
a person of sufficient age and discretion then residing therein. not known, or he or she has no office, then by leaving
(4a) the copy, between the hours of eight in 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. (6a)
 “Their (party/party’s counsel) authorized representative named in the appropriate pleading or
motion” was added to the enumeration of people to whom court submissions may be served.
SECTION 7 SECTION 7
Service by mail. — Service by registered mail shall be made Service by mail. — Service by registered mail shall be made
by depositing the copy in the post office in a sealed envelope, by depositing the copy in the post office, in a sealed
plainly addressed to the party or his counsel at his office, if envelope, plainly addressed to the party or to the party’s
known, otherwise at his residence, if known, with postage counsel at his or her office, if known, otherwise at his or her
fully prepaid, and with instructions to the postmaster to residence, if known, with postage fully pre-paid, and with
return the mail to the sender after ten (10) days if instructions to the postmaster to return the mail to the sender
undelivered. If no registry service is available in the locality of after ten (l0) calendar days if undelivered. If no registry
either the senders or the addressee, service may be done by service is available in the locality of either the sender or the
ordinary mail. (5a; Bar Matter No. 803, 17 February 1998) addressee, service may be done by ordinary mail. (7a)
SECTION 9
Service by electronic means and facsimile. — Service by electronic means and facsimile shall be made if the party
concerned consents to such modes of service.
Service by electronic means shall be made by sending an e-mail to the party’s or counsel’s electronic mail
address, or through other electronic means of transmission as the parties may agree on, or upon direction of the
court.
Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number.
(n)
SUMMARY OF REVISION: *summarized individually in separate matrixes*

SECTION 10
Presumptive service. — There shall be presumptive notice to a party of a court setting if such notice appears on
the records to have been mailed at least twenty (20) calendar days prior to the scheduled date of hearing and if
the addressee is from within the same judicial region of the court where the case is pending, or at least thirty
(30) calendar days if the addressee is from outside the judicial region. (n)

Priorities in modes of service and filing. — Whenever Change of electronic mail address or facsimile number.
practicable, the service and filing of pleadings and other — A party who changes his or her electronic mail
papers shall be done personally. Except with respect to address or facsimile number while the action is pending
papers emanating from the court, a resort to other modes must promptly file, within five (5) calendar days from
must be accompanied by a written explanation why the such change, a notice of change of e-mail address or
service or filing was not done personally. A violation of this facsimile number with the court and serve the notice
Rule may be cause to consider the paper as not filed. (n) on all other parties.
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. (n)

SECTION 12
Electronic mail and facsimile subject and title of pleadings and other documents. — The subject of the
electronic mail and facsimile must follow the prescribed format: case number, case title and the pleading, order
or document title. The title of each electronically-filed or served pleading or other document, and each
submission served by facsimile shall contain sufficient information to enable the court to ascertain from the title:
(a) the party or parties filing or serving the paper, (b) nature of the paper, (c) the party or parties against whom
relief, if any, is sought, and (d) the nature of the relief sought. (n)

Service of judgments, final orders, or resolutions. — Service of Judgments, Final Orders or Resolutions. —
Judgments, final orders or resolutions shall be served either
Judgments, final orders, or resolutions shall be served either
personally or by registered mail. When a party summoned by personally or by registered mail. Upon ex parte motion of
publication has failed to appear in the action, judgments, final
any party in the case, a copy of the judgment, final
orders or resolutions against him shall be served upon him order, or resolution may be delivered by accredited
also by publication at the expense of the prevailing party.courier at the expense of such party. When a party
(7a) summoned by publication has failed to appear in the action,
judgments, final orders or resolutions against him or her shall
be served upon him or her also by means of publication at the
expense of the prevailing party. (9a)
SECTION 14
Conventional service or filing of orders, pleadings and other documents. – Notwithstanding the foregoing, the
following orders, pleadings, and other documents must be served or filed personally or by registered mail
when allowed, and shall not be served or filed electronically, unless express permission is granted by the Court:
(a)Initiatory pleadings and initial responsive pleadings, such as an answer;
(b)Subpoenae, protection orders, and writs;
(c)Appendices and exhibits to motions, or other documents that are not readily amenable to electronic scanning
may, at the option of the party filing such, be filed and served conventionally; and
(d)Sealed and confidential documents or records. (n)
SUMMARY OF REVISION: Some documents may not be filed or served electronically, without express permission from the
Court. These documents are: (a) initiatory pleadings and initial responsive pleadings, such as an answer; (b) subpoena,
protection orders, and writs; (c) appendices and exhibits to motions or other documents that are not readily amenable to
electronic scanning; and (d) sealed and confidential documents or records.
Completeness of service. — Personal service is complete upon Completeness of service. — Personal service is complete
actual delivery. Service by ordinary mail is complete upon the upon actual delivery. Service by ordinary mail is complete
expiration of ten (10) days after mailing, unless the court upon the expiration of ten (10) calendar days after
otherwise provides. Service by registered mail is complete mailing, unless the court otherwise provides. Service by
upon actual receipt by the addressee, or after five (5) days registered mail is complete upon actual receipt by the
from the date he received the first notice of the postmaster, addressee, or after five (5) calendar days from the date he
whichever date is earlier. (8a) or she received the first notice 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. (10a)

Proof of filing. — The filing of a pleading or paper shall be Proof of filing. — The filing of a pleading or any other
proved by its existence in the record of the case. If it is court submission shall be proved by its existence in the
not in the record, but is claimed to have been filed record of the case.
personally, the filing shall be proved by the written or
stamped acknowledgment of its filing by the clerk of (a)If the pleading or any other court submission is
court on a copy of the same; if filed by registered mail, not in the record, but is claimed to have been filed
by the registry receipt and by the affidavit of the person personally, the filing shall be proven by the written or
who did the mailing, containing a full statement of the stamped acknowledgment of its filing by the clerk of
date and place of depositing the mail in the post office in court on a copy of the pleading or court submission;
a sealed envelope addressed to the court, with postage
fully prepaid, and with instructions to the postmaster to (b) If the pleading or any other court submission
return the mail to the sender after ten (10) days if not was filed by registered mail, the filing shall be proven
delivered. (n) 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 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. (12a)

Proof of Service. — Proof of personal service shall consist of a Proof of service. –— Proof of personal service shall consist of
written admission of the party served, or the official return of a written admission of the party served, or the official return
the server, or the affidavit of the party serving, containing a of the server, or the affidavit of the party serving, containing
full statement of the date, place and manner of service. If the a statement of the date, place, and manner of service. If the
service is by ordinary mail, proof thereof shall consist of an service is made by: (a)Ordinary mail. – Proof shall consist of
affidavit of the person mailing of facts showing compliance an affidavit of the person mailing stating the facts showing
with section 7 of this Rule. If service is made by registered compliance with Section 7 of this Rule.
mail, proof shall be made by such affidavit and the registry
receipt issued by the mailing office. The registry return card (b)Registered mail. – Proof shall be made by the affidavit
shall be filed immediately upon its receipt by the sender, or in mentioned above and the registry receipt issued by the
lieu thereof the unclaimed letter together with the certified or mailing office. The registry return card shall be filed
sworn copy of the notice given by the postmaster to the immediately upon its receipt by the sender, or in lieu thereof,
addressee. (10a) the unclaimed letter together with the certified or sworn copy
of the notice given by the postmaster to the addressee.
(c)Accredited courier service. – Proof shall be made by

an affidavit of service executed by the person who
brought the pleading or paper to the service
provider, together with the courier’s official receipt
or document tracking number.
(d)Electronic mail, facsimile, or other authorized

electronic means of transmission. – Proof shall be
made by an affidavit of service executed by the person
who sent the e-mail, facsimile, or other electronic
transmission, together with a printed proof of
transmittal.(13a)

SECTION 18
Court-issued orders and other documents. — The court may electronically serve orders and other
documents to all the parties in the case which shall have the same effect and validity as provided herein. A paper
copy of the order or other document electronically served shall be retained and attached to the record of the
case. (n)
RULE 14
OLD NEW
SECTION 1 SECTION 1
Clerk to issue summons. — Upon the filing of the Clerk to issue summons. — Unless the complaint is on
complaint and the payment of the requisite legal fees, its face dismissible under Section 1, Rule 9, the
the clerk of court shall forthwith issue the corresponding court shall, within five (5) calendar days from
summons to the defendants. (1a) receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk
of court to issue the corresponding summons to the
defendants. (1a)
 A period is now given to the clerk of court (five (5) calendar days from receipt of the initiatory pleading
and proof of payment of the requisite legal fees) within which it must issue summons to the defendants.
SECTION 2 SECTION 2
Contents. — The summons shall be directed to the defendant, Contents —The summons shall be directed to the defendant,
signed by the clerk of court under seal and contain (a) the signed by the clerk of court under seal, and contain:
name of the court and the names of the parties to the action;
(b) a direction that the defendant answer within the time (a)The name of the court and the names of the parties to the
fixed by these Rules; (c) a notice that unless the defendant so action;
answers plaintiff will take judgment by default and may be
granted the relief applied for. (b)When authorized by the court upon ex parte
A copy of the complaint and order for appointment of motion,an authorization for the plaintiff to serve
guardian ad litem if any, shall be attached to the original and summons to the defendant;
each copy of the summons. (3a)
(c)A direction that the defendant answer within the time fixed
by these Rules; and
(d)A notice that unless the defendant so answers, plaintiff will

take judgment by default and may be granted the relief
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. (2a)
 Addition to the contents off a summon:
(b) When authorized by the court upon ex parte motion,an authorization for the plaintiff to serve
summons to the defendant;
SECTION 3 SECTION 3
By whom served. — The summons may be served by the By whom served. — The summons may be served by the
sheriff, his deputy, or other proper court officer, or for sheriff, his or her deputy, or other proper court officer, and in
justifiable reasons by any suitable person authorized by the case of failure of service of summons by them, the
court issuing the summons. (5a) court may 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.
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.
(3a)
Under the present rules, summons are generally served on defendants by the court's sheriffs. Under the Revised Rules, a
party, who is a complainant, may be authorized by the court to serve summons.
If the plaintiff is a juridical entity:
 it shall notify the court, in writing, and name its authorized representative therein,
 attach a board resolution or secretary’s certificate thereto, as the case may be,
 Stating (in the BR or SC) 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:
 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.
SECTION 5 SECTION 4
Issuance of alias summons. — If a summons is returned Validity of summons and issuance of alias summons —
without being served on any or all of the defendants, the Summons shall remain valid until duly served, unless it
server shall also serve a copy of the return on the plaintiff's is recalled by the court. In case of loss or destruction
counsel, stating the reasons for the failure of service, within of summons, the court may, upon motion, issue an
five (5) days therefrom. In such a case, or if the summons alias summons. There is failure of service after
has been lost, the clerk, on demand of the plaintiff, may issue unsuccessful attempts to personally serve the
an alias summons. (4a) 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.
(5a)
 In the revised provision summons shall remain valid until it is duly served, unless it is recalled by the court.
 IN CASE OF FAILURE TO SERVE SUMMONS

Old:
 the server shall also serve a copy of the return on the plaintiff's counsel, stating the reasons for the failure of
service, within five (5) days therefrom.
New:
 Substituted service should be in the manner provided under Section 6 of this Rule.
 IN CASE OF LOSS OR DESTRUCTION

 In both the old and the revised provision an alias summon shall be issued in case the same is lost or destroyed.
However the new provision requires that there should be a motion filed before the court before it issues to be
issued.
SECTION 6 SECTION 5
Service in person on defendant. — Whenever practicable, Service in person on defendant. — Whenever practicable,
the summons shall be served by handling a copy thereof the summons shall be served by handing a copy thereof
to the defendant in person, or, if he refuses to receive to the defendant in person and informing the
and sign for it, by tendering it to him. (7a) 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.(6a)
 Defendant should be informed that he or she is being served with a summon
 Tendering the summon to him is no longer the alternative if defendant refuses to receive and sign for it instead it
the should be served by leaving the summons within the view and in the presence of the defendant.
SECTION 7 SECTION 6
Substituted service. — If, for justifiable causes, the defendant Substituted service. — If, for justifiable causes, the defendant
cannot be served within a reasonable time as provided in the cannot be served personally after at least three (3)
preceding section, service may be effected (a) by leaving attempts on two (2) different dates, service may be
copies of the summons at the defendant's residence with effected:
some person of suitable age and discretion then residing
therein, or (b) by leaving the copies at defendant's office or (a) By leaving copies of the summons at the defendant's
regular place of business with some competent person in residence to a person at least eighteen (18) years of age
charge thereof. (8a) and of sufficient discretion residing therein;
(b) By leaving copies of the summons at the defendant's

office or regular place of business with some competent
person in 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 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. (7a)
SUMMARY OF REVISION
SECTION 8 SECTION 7
Service upon entity without juridical personality. — When Service upon entity without juridical personality. — When
persons associated in an entity without juridical personality persons associated in an entity without juridical personality
are sued under the name by which they are generally or are sued under the name by which they are generally or
commonly known, service may be effected upon all the commonly known, service may be effected upon all the
defendants by serving upon any one of them, or upon the defendants by serving upon any one of them, or upon the
person in charge of the office or place of business maintained person in charge of the office or place of business maintained
in such name. But such service shall not bind individually any in such name. But such service shall not bind individually any
person whose connection with the entity has, upon due person whose connection with the entity has, upon due
notice, been severed before the action was brought. (9a) notice, been severed before the action was filed. (8a)
SUMMARY OF REVISION
SECTION 9 SECTION 8
Service upon prisoners. — When the defendant is a prisoner Service upon prisoners. — When the defendant is a prisoner
confined in a jail or institution, service shall be effected upon confined in a jail or institution, service shall be effected upon
him by the officer having the management of such jail or him or her by the officer having the management of such jail
institution who is deemed deputized as a special sheriff for or institution who is deemed as a special sheriff for said
said purpose. (12a) purpose. The jail warden shall file a return within five
(5) calendar days from service of summons to the
defendant.
SECTION 9
Service consistent with international conventions. —Service may be made through methods which are
consistent with established international conventions to which the Philippines is a party. (n)
Service upon minors and incompetents. — When the Service upon minors and incompetents.—When the
defendant is a minor, insane or otherwise an incompetent, defendant is a minor, insane or otherwise an incompetent
service shall be made upon him personally and on his legal person, service of summons shall be made upon him or her
guardian if he has one, or if none his guardian ad litem whose personally and on his or herlegal guardian if he or she has
appointment shall be applied for by the plaintiff. In the case one, or if none, upon his or her guardian ad litem whose
of a minor, service may also be made on his father or mother. appointment shall be applied for by the plaintiff. In the case
(l0a, 11a) of a minor, service shall be made on his or her parent or
guardian. (10a)
SECTION 11
Service upon spouses. — When spouses are sued jointly, service of summons should be made to each spouse
individually. (n)
Service upon domestic private juridical entity. — When the Service upon domestic private juridical entity. — When the
defendant is a corporation, partnership or association defendant is a corporation, partnership or association
organized under the laws of the Philippines with a juridical organized under the laws of the Philippines with a juridical
personality, service may be made on the president, managing personality, service may be made on the president, managing
partner, general manager, corporate secretary, treasurer, or partner, general manager, corporate secretary, treasurer, or
in-house counsel. (13a) in-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 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. (11a)
SECTION 13
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. (n)
Service upon foreign private juridical entities. — When Service upon foreign private juridical entities. — When
the defendant is a foreign private juridical entity which the defendant is a foreign private juridical entity which
has transacted business in the Philippines, service may has transacted or is doing business in the Philippines,
be made on its resident agent designated in accordance as defined by law, service may be made on its resident
with law for that purpose, or, if there be no such agent, agent designated in accordance with law for that
on the government official designated by law to that purpose, or, if there be no such agent, on the
effect, or on any of its officers or agents within the government official designated by law to that effect, or
Philippines. (14a) on any of its officers, agents, directors or trustees
within the Philippines.
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. (12a)
 Service of summons may be done through electronic mail to the defendant's electronic mail address, with the court's
permission.
 Service may also be made not only on the president, managing partner, general manager, corporate secretary,
treasurer, or in house counsel of the said corporations, but also on their respective secretaries, in their absence or
unavailability.
 If service cannot be made upon such secretary, it shall be made upon the person who "customarily receives
correspondence for the defendant at its principal office.
 "If there is a refusal on the aforementioned persons to receive the summons despite at least 3 attempts on 2 different
dates, service may be made to the corporation via e-mail, if allowed by the court.
 The Revised Rules now make it clear that the rule on extraterritorial service of summons on foreign corporations not
registered in the Philippines or without a resident agent, apply if such corporation "has transacted or is doing business
in the Philippines".
 For reference, the rule on extraterritorial service of summons is that foreign corporations not registered in the
Philippines or without a resident agent may be served summons by (a) personal service coursed through the foreign
court with the assistance of the department of foreign affairs; (b) publication; (c) facsimile; (d) electronically; or (e)
such other means as the court may direct.
Service upon defendant whose identity or whereabouts are Service upon defendant whose identity or whereabouts are
unknown. — In any action where the defendant is designated unknown. — In any action where the defendant is designated
as an unknown owner, or the like, or whenever his as an unknown owner, or the like, or whenever his or her
whereabouts are unknown and cannot be ascertained by whereabouts are unknown and cannot be ascertained by
diligent inquiry, service may, by leave of court, be effected diligent inquiry, within ninety (90) calendar days from
upon him by publication in a newspaper of general circulation the commencement of the action, service may, by
and in such places and for such time as the court may order. leave of court, be effected upon him or her by publication
(16a) in a 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. (14a)
Extraterritorial service. — When the defendant does not Extraterritorial service. — When the defendant does not
reside and is not found in the Philippines, and the action reside and is not found in the Philippines, and the action
affects the personal status of the plaintiff or relates to, or the affects the personal status of the plaintiff or relates to, or the
subject of which is, property within the Philippines, in which subject of which is, property within the Philippines, in which
the defendant has or claims a lien or interest, actual or the defendant has or claims a lien or interest, actual or
contingent, or in which the relief demanded consists, wholly contingent, or in which the relief demanded consists, wholly
or in part, in excluding the defendant from any interest or in part, in excluding the defendant from any interest
therein, or the property of the defendant has been attached therein, or the property of the defendant has been attached
within the Philippines, service may, by leave of court, be within the Philippines, service may, by leave of court, be
effected out of the Philippines by personal service as under effected out of the Philippines by personal service as under
section 6; or by publication in a newspaper of general Section 6; or as provided for in international
circulation in such places and for such time as the court may conventions to which the Philippines is a party; or by
order, in which case a copy of the summons and order of the publication in a newspaper of general circulation in such
court shall be sent by registered mail to the last known places and for such time as the court may order, in which
address of the defendant, or in any other manner the court case a copy of the summons and order of the court shall be
may deem sufficient. Any order granting such leave shall sent by registered mail to the last known address of the
specify a reasonable time, which shall not be less than sixty defendant, or in any other manner the court may deem
(60) days after notice, within which the defendant must sufficient. Any order granting such leave shall specify a
answer. (17a) reasonable time, which shall not be less than sixty (60)
calendar days after notice, within which the defendant must
answer. (15a)
Return. — When the service has been completed, the server Return. — Within thirty (30) calendar days from
shall, within five (5) days therefrom, serve a copy of the issuance of summons by the clerk of court and receipt
return, personally or by registered mail, to the plaintiff's thereof, the sheriff or process server, or person
counsel, and shall return the summons to the clerk, who authorized by the court, shall complete its service.
issued it, accompanied by proof of service. (6a) Within five (5) calendar days from service of summons,
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 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 (2) two 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. (4a)
 Service of summons should be complete:
 Within thirty (30) calendar days from issuance of summons
 by the clerk of court and receipt thereof, the sheriff or process server, or person authorized by the court\
 Within five (5) calendar days from service of summons, 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 means authorized by the Rules.
 Should substituted service have been effected, the return shall state the following:
 The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and receipt of
summons;
 The date and time of the three (3) attempts on at least (2) two different dates to cause personal service and the
details of the inquiries made to locate the defendant residing thereat; and
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.
Proof of service. — The proof of service of a summons shall Proof of service. — The proof of service of a summons shall
be made in writing by the server and shall set forth the be made in writing by the server and shall set forth the
manner, place, and date of service; shall specify any papers manner, place, and date of service; shall specify any papers
which have been served with the process and the name of the which have been served with the process and the name of the
person who received the same; and shall be sworn to when person who received the same; and shall be sworn to when
made by a person other than a sheriff or his deputy. (20) made by a person other than a sheriff or his or her deputy.
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.(18a)
Proof of service by publication. — If the service has been Proof of service by publication.— If the service has been
made by publication, service may be proved by the affidavit made by publication, service may be proved by the
of the printer, his foreman or principal clerk, or of the editor, affidavit of the publisher, editor, business or advertising
business or advertising manager, to which affidavit a copy of manager, to which affidavit a copy of the publication shall be
the publication shall be attached and by an affidavit showing attached and by an affidavit showing the deposit of a copy of
the deposit of a copy of the summons and order for the summons and order for publication in the post office,
publication in the post office, postage prepaid, directed to the postage prepaid, directed to the defendant by registered mail
defendant by registered mail to his last known address. (21) to his or her last known address. (19a)
 If the service has been made by publication, service may be proved by the affidavit of the:
 publisher,
 editor,
 business or advertising manager,
 The printer, foreman and principal clerk were removed from the enumeration
Voluntary appearance. — The defendant's voluntary Voluntary appearance. — The defendant's voluntary
appearance in the action shall be equivalent to service of appearance in the action shall be equivalent to service of
summons. The inclusion in a motion to dismiss of other summons. The inclusion in a motion to dismiss of other
grounds aside from lack of jurisdiction over the person of the grounds aside from lack of jurisdiction over the person of the
defendant shall not be deemed a voluntary appearance. (23a) defendant shall be deemed a voluntary appearance. (20a)
 The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant
SHALL NOW BE DEEMED a voluntary appearance. In the old rules it was not deemed as a voluntary appearance.
RULE 15
OLD NEW
SECTION 2 SECTION 2
Motions must be in writings. — All motions shall be in writing Motions must be in writing.—All motions shall be in writing
except those made in open court or in the course of a hearing except those made in open court or in the course of a hearing
or trial. (2a) or trial.
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. (2a)
 A motion made in open court should be resolved immediately.
 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.
 The court may direct that the matter be heard wholly or partly on oral testimony or depositions.
SECTION 4
Hearing of motion. — Except for motions which the court may

act upon without prejudicing the rights of the adverse party, DELETED
every written motion shall be set for hearing by the applicant.
Every written motion required to be heard and the notice of
the hearing thereof shall be served in such a manner as to
ensure its receipt by the other party at least three (3) days
before the date of hearing, unless the court for good cause
sets the hearing on shorter notice. (4a)
SECTION 4
Non-litigious motions. — Motions which the court may act upon without prejudicing the rights of adverse parties
are non-litigious motions. These motions include:
a)Motion for the issuance of an alias summons;
b)Motion for extension to file answer;

c)Motion for postponement;
d)Motion for the issuance of a writ of execution;
e)Motion for the issuance of an alias writ 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. (n)
 This provision gives the enumeration of non – litigious motions
 Litigious motions, are no longer to be set for hearing by the moving party, unlike how it is done at present.
 It is up to the court if it considers a hearing necessary.
 The courts must resolve these motions within 5 calendar days from receipt thereof.
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 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. (n)
 Provision provides for the enumeration of Litigious Motions.
 These motions may be served by personal service, accredited private courier or registered mail, or electronic
means
 Opposition should file an opposition to the litigious motion within 5 calendar days from receipt thereof, without
waiting for the court to order it to do so. No other submissions shall be considered by the court
 Motion shall be resolved by the court within 15 days from receipt of the opposition thereto, or upon expiration of
the period to file such opposition.
SECTION 5 SECTION 6
Notice of hearing. — The notice of hearing shall be addressed Notice of hearing on litigious motions; discretionary. —
to all parties concerned, and shall specify the time and date of The court may, in the exercise of its discretion, and if
the hearing which must not be later than ten (10) days after deemed necessary for its resolution, call a hearing on
the filing of the motion. (5a) the motion.The notice of hearing shall be addressed to all
parties concerned, and shall specify the time and date of the
hearing. (5a)
 The court now has the discretion whether to call a hearing on a motion.
 Litigious motions are enumerated under Section 5 Rule 15
 The rule that the hearing must not be later than ten (10) days after the filing of the motion is no longer present in the
revised rules
SECTION 6 SECTION 7
Proof of service necessary. — No written motion set for Proof of service necessary. — No written motion shall
hearing shall be acted upon by the court without proof of be acted upon by the court without proof of service
service thereof. (6a) thereof, pursuant to Section 5(b) hereof.(6a)
SECTION 7 SECTION 8
Motion day. — Except for motions requiring immediate action, Motion day. —Except for motions requiring immediate action,
all motions shall be scheduled for hearing on Friday where the court decides to conduct hearing on a
afternoons, or if Friday is a non-working day, in the afternoon litigious motion, the same shall be set on a Friday. (7a)
of the next working day. (7a)
 “If Friday is a non-working day, in the afternoon of the next working day” was deleted in the revised rules,
instead it stated that a hearing on a litigious motion shall always be set on a Friday without giving any exception.
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 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. (n)
Provision provides for the enumeration of prohibited motions. However it also provided for its exceptions.
To summarize:
MOTION TO DISMISS
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss:
(a) lack of jurisdiction over the subject matter;
(b) pendency of action between the same parties for the same cause; and
(c) cause of action is barred by prior judgment or by the statute of limitations.
Nevertheless, any other grounds for dismissal available under the present rules must, under the Revised Rules, be pleaded
as an affirmative defense in the Answer which the court will have to resolve within 30 calendar days.
If a Motion to Dismiss is allowed, the same shall be resolved within 15 calendar days from the court's receipt of the
opposition or upon expiration of the period within which to file such opposition (i.e., 5 calendar days from receipt of the
Motion to Dismiss). While the Revised Rules generally prohibit a Motion to Dismiss, the changes will have a positive effect
as they will expedite the resolution of the issue of whether the complaint should be dismissed.
GENERAL RULE: Motion for extension of time to file pleadings, affidavits or any other papers are prohibited.
EXCEPTION:
 a motion for extension to file an answer as provided by Section 11, Rule 11; and
GENERAL RULE: Motion for postponement intended for delay is prohibited

EXCEPTION:
 if it is based on acts of God,
 force majeure or
 physical inability of the witness to appear and testify.
RULE 18
OLD NEW
SECTION 1 SECTION 1
When conducted. — After the last pleading has been When conducted. — After the last responsive pleading
served and filed, it shall be the duty of the plaintiff to has been served and filed, the branch clerk of court
promptly move ex parte that the case be set for pre-trial shall issue, within five (5) calendar days from
(5a, R20) 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. (1a)
 The plaintiff no longer has the duty to set the case for pre – trial, instead the branch clerk of court shall issue a
notice of pre – trial within 5 calendar days from the filling of the last responsive pleading.
 The pre – trial shall be set not later than sixty (60) calendar days from the filing of the last responsive
pleading
SECTION 2 SECTION 2
Nature and purpose. — The pre-trial is mandatory. The court Nature and Purpose. — The pre-trial is mandatory and
shall consider: should be terminated promptly. The court shall consider:
(a) The possibility of an amicable settlement or of a (a)The possibility of an amicable settlement or of a

submission to alternative modes of dispute resolution; submission to alternative modes of dispute resolution;
(b) The simplification of the issues; (b)The simplification of the issues;
(c) The necessity or desirability of amendments to the (c)The possibility of obtaining stipulations or admissions of
pleadings; facts and of documents to avoid unnecessary proof;
(d) The possibility of obtaining stipulations or admissions of (d)The limitation of the number and identification of witnesses
facts and of documents to avoid unnecessary proof; and the setting of trial dates;
(e) The limitation of the number of witnesses; (e)The advisability of a preliminary reference of issues to a
(f) The advisability of a preliminary reference of issues to a commissioner;
commissioner; (f)The propriety of rendering judgment on the pleadings, or
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid
summary judgment, or of dismissing the action should a valid ground therefor be found to exist;
ground therefor be found to exist; (g)The requirement for the parties to:
(h) The advisability or necessity of suspending the
proceedings; and 1.Mark their respective evidence if not yet marked
(i) Such other matters as may aid in the prompt disposition of in the judicial affidavits of their witnesses;
the action. (1a, R20)
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;
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.
The branch clerk of court shall prepare the minutes of

the pre-trial, which shall have the following format:
(See prescribed form) (2a)
 “(h) The advisability or necessity of suspending the proceedings” was removed from the enumeration of what the
court shall consider.
 Additions to the enumeration:
(g)The requirement for the parties to:
1.Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses;
2.Examine and make comparisons of the adverse parties' evidence vis-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;
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.
 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.
SECTION 3 SECTION 3
Notice of pre-trial. — The notice of pre-trial shall be served on Notice of pre-trial. — The notice of pre-trial shall include
counsel, or on the party who has no counsel. The counsel the dates respectively set for:
served with such notice is charged with the duty of notifying
the party represented by him. (n) (a)Pre-trial;
(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. (3a)
 Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the pre-trial
 Failure to appear will cause dismissal of action
SECTION 4 SECTION 4
Appearance of parties. — It shall be the duty of the parties Appearance of Parties. — It shall be the duty of the parties
and their counsel to appear at the pre-trial. The non- and their counsel to appear at the pre-trial,court-annexed
appearance of a party may be excused only if a valid cause is mediation, and judicial dispute resolution, if necessary.
shown therefor or if a representative shall appear in his behalf The non-appearance of a party and counsel may be
fully authorized in writing to enter into an amicable excused only for acts of God, force majeure, or duly
settlement, to submit to alternative modes of dispute substantiated physical inability.
resolution, and to enter into stipulations or admissions of
facts and of documents. (n) A representative may appear on behalf of a 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.
 The non-appearance of a party and counsel may be excused only for :
 acts of God,
 force majeure,
 duly substantiated physical inability.
 A representative may appear on behalf of a 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 SECTION 5
Effect of failure to appear. — The failure of the plaintiff to Effect of failure to appear. — When duly notified, the
appear when so required pursuant to the next preceding failure of the plaintiff and counsel to appear without valid
section shall be cause for dismissal of the action. The cause when so required, pursuant to the next preceding
dismissal shall be with prejudice, unless other-wise ordered Section, shall cause the dismissal of the action. The dismissal
by the court. A similar failure on the part of the defendant shall be with prejudice, unless otherwise ordered by the
shall be cause to allow the plaintiff to present his evidence ex court. A similar failure on the part of the defendant and
parte and the court to render judgment on the basis thereof. counsel shall be cause to allow the plaintiff to present his or
(2a, R20) 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. (5a)
 Sanctions in case of non – appearance of plaintiff and counsel:
 Shall cause the dismissal of the action.
 The dismissal shall be with prejudice, unless otherwise ordered by the court.
 Sanctions in case of non – appearance of defendant and counsel:

 Shall be cause to allow the plaintiff to present his or her evidence ex-parte within ten (10) calendar days
from termination of the pre-trial, and
 Shall cause the court to render judgment on the basis of the evidence offered.
SECTION 6 SECTION 6
Pre-trial brief. — The parties shall file with the court and Pre-trial brief. — The parties shall file with the court
serve on the adverse party, in such manner as shall and serve on the adverse party, in such manner as shall
ensure their receipt thereof at least three (3) days before ensure their receipt thereof at least three (3) calendar
the date of the pre-trial, their respective pre-trial briefs days before the date of the pre-trial, their respective pre-
which shall contain, among others: trial briefs which shall contain, among others:
(a) A statement of their willingness to enter into amicable
settlement or alternative modes of dispute resolution, (a)A concise statement of the case and the reliefs
indicating the desired terms thereof; prayed for;
(b) A summary of admitted facts and proposed
stipulation of facts; (b)A summary of admitted facts and proposed stipulation
(c) The issues to be tried or resolved; of facts;
(d) The documents or exhibits to be presented stating
the purpose thereof; (c)The main factual and legal issues to be tried or
(e) A manifestation of their having availed or their resolved;
intention to avail themselves of discovery procedures or
referral to commissioners; and (d)The propriety of referral of factual issues to
(f) The number and names of the witnesses, and the commissioners;
substance of their respective testimonies.
Failure to file the pre-trial brief shall have the same effect (e)The documents or other object evidence to be marked,
as failure to appear at the pre-trial. (n) stating the purpose thereof;
(f)The names of the witnesses, and the summary of

their respective testimonies; and
(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.
 Pre-trial briefs shall contain:
(a)A concise statement of the case and the reliefs prayed for;
(b)A summary of admitted facts and proposed stipulation of facts;
(c)The main factual and legal issues to be tried or resolved;
(d)The propriety of referral of factual issues to commissioners;

(e)The documents or other object evidence to be marked, stating the purpose thereof;
(f)The names of the witnesses, and the summary of their respective testimonies; and
(g)A brief statement of points of law and citation of authorities.
SECTION 7 SECTION 7
Record of pre-trial. — The proceedings in the pre-trial shall be Pre-Trial Order. — Upon termination of the pre-trial,
recorded. Upon the termination thereof, the court shall issue the court shall issue an order within ten (10) calendar
an order which shall recite in detail the matters taken up in days which shall recite in detail the matters taken up. The
the conference, the action taken thereon, the amendments order shall include:
allowed to the pleadings, and the agreements or admissions
made by the parties as to any of the matters considered. (a)An enumeration of the admitted facts;
Should the action proceed to trial, the order shall, explicitly
define and limit the issues to be tried. The contents of the (b)The minutes of the pre-trial conference;
order shall control the subsequent course of the action, unless
modified before trial to prevent manifest injustice. (5a, R20) (c)The legal and factual issue/s to be tried;
(d)The applicable law, rules, and jurisprudence;
(e)The evidence marked;
(f)The specific trial dates for continuous trial, which

shall be within the period provided by the Rules;
(g)The case flowchart to be determined by the court,

which shall contain the different stages of the
proceedings up to the promulgation of the decision and
the use of time frames for each stage in setting the
trial dates;
(h)A statement that the one-day examination of

witness 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. The contents of the pre-trial order shall
control the subsequent proceedings, unless modified
before trial to prevent manifest injustice.
 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.
 Presentation of evidence must still be terminated within the remaining dates previously agreed upon.
 In case the opposing party does not appear without valid cause, 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.
 The contents of the pre-trial order shall control the subsequent proceedings, unless modified before trial
to prevent manifest injustice.
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. (n)
SUMMARY OF REVISION: Once the court refers the parties to CAM, it should be finished within a non-extendible period of 30
calendar days. If CAM fails, the court will determine if JDR is still necessary.
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. (n)
SUMMARY OF REVISION: If JDR is deemed necessary, the case will be raffled to another court who will conduct the JDR. JDR is
to be conducted within a non-extendible 15 calendar days. If JDR fails, the case will be returned to the court where the case
originated, for trial as scheduled in the Pre-Trial Order. This is a shift from the present practice of JDR being generally
conducted by the court where the case was filed, and passed on to another court if the JDR fails.
SECTION 10
Judgment after pre-trial. — Should there be no more controverted facts, or no 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. (n)
 The court shall 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 should there be:
 no more controverted facts, or

 no more genuine issue as to any material fact, or
 an absence of any issue, or should the answer fail to tender an issue
 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 21
OLD NEW
SECTION 6 SECTION 6
Service. — Service of a subpoena shall be made in the Service. —Service of a subpoena shall be made in the
same manner as personal or substituted service of same manner as personal or substituted service of
summons. The original shall be exhibited and a copy summons. The original shall be exhibited and a copy
thereof delivered to the person on whom it is served, thereof delivered to the person on whom it is served.
tendering to him the fees for one day's attendance and The service must be made so as to allow the witness a
the kilometrage allowed by these Rules, except that, reasonable time for preparation and travel to the place of
when a subpoena is issued by or on behalf of the attendance.
Republic of the Philippines or an officer or agency
thereof, the tender need not be made. The service must Costs for court attendance and the production of
be made so as to allow the witness a reasonable time for documents and other materials subject of the
preparation and travel to the place of attendance. If the subpoena shall be tendered or charged accordingly.
subpoena is duces tecum, the reasonable cost of (6a)
producing the books, documents or things demanded
shall also be tendered. (6a, R23)
Deletion of:
 “xxx tendering to him the fees for one day's attendance and the kilometrage allowed by these Rules, except that,
when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the
tender need not be made.”; and
 “If the subpoena is dukes tecum, the reasonable cost of producing the books, documents or things demanded
shall also be tendered.”
RULE 23
OLD NEW
SECTION 1 SECTION 1
Depositions pending action, when may be taken. — By Depositions pending action, when may be taken. —
leave of court after jurisdiction has been obtained over Upon ex parte motion of a party, the testimony of any
any defendant or over property which is the subject of person, whether a party or not, may be taken by
the action, or without such leave after an answer has deposition upon oral examination or written
been served, the testimony of any person, whether a interrogatories. The attendance of witnesses may be
party or not, may be taken, at the instance of any party, compelled by the use of a subpoena as provided in Rule
by deposition upon oral examination or written 21. Depositions shall be taken only in accordance with
interrogatories. The attendance of witnesses may be these Rules. The deposition of a person confined in prison
compelled by the use of a subpoena as provided in Rule may be taken only by leave of court on such terms as the
21. Depositions shall be taken only in accordance with court prescribes. (1a)
these Rules. The deposition of a person confined in prison
may be taken only by leave of court on such terms as the
court prescribes. (1a, R24)
 “By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of
the action, or without such leave after an answer has been served’ was removed and changed to “Upon ex
parte motion of a party”
Orders for the protection of parties and deponents. — After Orders for the protection of parties and deponents. —
notice is served for taking a deposition by oral examination, After notice is served for taking a deposition by oral
upon motion seasonably made by any party or by the person examination, upon motion seasonably made by any party or
to be examined and for good cause shown, the court in which by the person to be examined and for good cause shown, the
the action is pending may make an order that the deposition court in which the action is pending may make the following
shall not be taken, or that it may be taken only at some orders:
designated place other than that stated in the notice, or that
it may be taken only on written interrogatories, or that (a)That the deposition shall not be taken;
certain matters shall not be inquired into, or that the scope of
the examination shall be held with no one present except the (b)That the deposition may be taken only at some
parties to the action and their officers or counsel, or that after designated place other than that stated in the notice;
being sealed the deposition shall be opened only by order of
the court, or that secret processes, developments, or (c)That the deposition may be taken only on written
research need not be disclosed, or that the parties shall interrogatories;
simultaneously file specified documents or information
enclosed in sealed envelopes to be opened as directed by the (d)That certain matters shall not be inquired into;
court or the court may make any other order which justice
requires to protect the party or witness from annoyance, (e)That the scope of the examination shall be held with
embarrassment, or oppression. (16a, R24) no one present except the parties to the action and
their officers or counsel;
(f)That after being sealed the deposition shall be

opened only by order of the court;
(g)That secret processes, developments, or research

need not be disclosed; or
(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. (16a)
 No changes as to the “Orders for the protection of parties and deponents.” revised provision only organized the
enumeration.
RULE 25
OLD NEW
SECTION 1 SECTION 1
Interrogatories to parties; service thereof. — Under the Interrogatories to parties; service thereof. — Upon ex
same conditions specified in section 1 of Rule 23, any parte motion, any party desiring to elicit material and
party desiring to elicit material and relevant facts from relevant facts from any adverse parties shall file and
any adverse parties shall file and serve upon the latter serve upon the latter written interrogatories to be
written interrogatories to be answered by the party answered by the party served or, if the party served
served or, if the party served is a public or private is a public or private corporation or a partnership
corporation or a partnership or association, by any officer or association, by any officer thereof competent to testify
thereof competent to testify in its behalf. (1a) in its behalf. (1a)
 “Under the same conditions specified in section 1 of Rule 23” was changed to “Upon ex parte motion”
RULE 30
Note: separate matrix for summary of revisions
OLD NEW
SECTION 1 SECTION 1
Notice of Trial. — Upon entry of a case in the trial Schedule of trial. — The parties shall strictly
calendar, the clerk shall notify the parties of the date of observe the scheduled hearings as agreed upon
its trial in such manner as shall ensure his receipt of that and set forth in the pre-trial order.
notice at least 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;
lithe initial presentation of defendant’s

evidence shall be set not later than thirty
(30) 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) 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)
SUMMARY OF REVISION: *summarized in a separate matrix*
SECTION 2 SECTION 2
Adjournments and postponements. — A court may adjourn a Adjournments and postponements.—A court may adjourn a
trial from day to day, and to any stated time, as the trial from day to day, and to any stated time, as the
expeditious and convenient transaction of business may expeditious and convenient transaction of business may
require, but shall have no power to adjourn a trial for a longer require, but shall have no power to adjourn a trial for a longer
period than one month for each adjournment nor more than period than one month for each adjournment, nor more than
three months in all, except when authorized in writing by the three months in all, except when authorized in writing by the
Court 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 SECTION 3
Requisites of motion to postpone trial for absence of

evidence. — A motion to postpone a trial on the ground of
absence of evidence can be granted only upon affidavit
showing the materiality or relevancy of such evidence, and
that due diligence has been used to procure it. But if the DELETED
adverse party admits the facts to be given in evidence, even
if he objects or reserves the right to object to their
admissibility, the trial shall not be postponed. (4a, R22; Bar
Matter No. 803, 21 July 1998)
SECTION 7 SECTION 7
Statement of judge. — During the hearing or trial of a case

any statement made by the judge with reference to the case, DELETED
or to any of the parties, witnesses or counsel, shall be made
of record in the stenographic notes. (3a, R30)
SECTION 8 SECTION 8
Suspension of actions. — The suspension of actions shall be Suspension of actions. — The suspension of actions shall be
governed by the provisions of the Civil Code. (n) governed by the provisions of the Civil Code and other laws.
SECTION 4
Hearing days and calendar call. — Trial shall be held from Monday to Thursday, and courts shall call the cases at
exactly 8:30 a.m. and 2:00 p.m., pursuant to Administrative Circular No. 3-99. Hearing on motions shall be held
on Fridays, pursuant to Section 8, Rule 15. All courts shall ensure the posting of their court calendars outside
their courtrooms at least one (1) day before the scheduled hearings, pursuant to OCA Circular No. 250-2015. (n)
 SCHEDULE OF TRIAL:
 Shall be held from Monday to Thursday, and
 Courts shall call the cases at exactly 8:30 a.m. and 2:00 p.m.
 HEARING ON MOTIONS
 Shall be held on Fridays,
 All courts shall ensure the posting of their court calendars outside their courtrooms at least one (1) day before the
scheduled hearings
SECTION 6
Oral offer of exhibits. — The offer of evidence, the comment or objection thereto, and the court ruling shall be
made orally in accordance with Sections 34 to 40 of Rule 132. (n)
 OFFER OF EXHIBITS/ EVIDENCE, THE COMMENT OR OBJECTIONS AND COURT RULINGS SHOULD BE DONE ORALLY
RULE 33
NEW
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
NEW
SECTION 2
Action on motion for judgment on the pleadings. — The court may motu proprio or on motion render
judgment on the pleadings if it is apparent that the answer fails to tender an issue, or otherwise admits the
material allegations of the adverse party’s pleadings. Otherwise, the motion shall be subject to the provisions
of Rule 15 of these Rules. Any action of the court on a motion for judgment on the pleadings shall not be
subject of an appeal or petition for certiorari, prohibition or mandamus. (n)
RULE 35
OLD NEW
SECTION 3 SECTION 3
Motion and proceedings thereon. — The motion shall be
served at least ten (10) days before the time specified for Motion and proceedings thereon. — The motion shall
the hearing. The adverse party may serve opposing cite the supporting affidavits, depositions or
affidavits, depositions, or admissions at least three (3) admissions, and the specific law relied upon. The
days before the hearing. After the hearing, the judgment adverse party may file a comment and serve
sought shall be rendered forthwith if the pleadings, opposing affidavits, depositions, or admissions
supporting affidavits, depositions, and admissions on file, within a non-extendible period of five (5) calendar
show that, except as to the amount of damages, there is days from receipt of the motion. Unless the court
no genuine issue as to any material fact and that the orders the conduct of a hearing, judgment sought
moving party is entitled to a judgment as a matter of shall be rendered forthwith if the pleadings, supporting
law. (3a, R34) affidavits, depositions and admissions on file, show that,
except as to the amount of damages, there is no genuine
issue as to any material fact and that the moving party is
entitled to judgment as a matter of law.
Any action of the court on a motion for summary

judgment shall not be subject of an appeal or
petition for certiorari, prohibition or mandamus.
(3a)
SECTION 4 SECTION 4
Case not fully adjudicated on motion. — If on motion under Case not fully adjudicated on motion. — If on motion under
this Rule, judgment is not rendered upon the whole case or this Rule, judgment is not rendered upon the whole case or
for all the reliefs sought and a trial is necessary, the court at for all the reliefs sought and a trial is necessary, the court
the hearing of the motion, by examining the pleadings and may, by examining the pleadings and the evidence before it
the evidence before it and by interrogating counsel shall and by interrogating counsel, ascertain what material facts
ascertain what material facts exist without substantial exist without substantial controversy, including the extent
controversy and what are actually and in good faith to which the amount of damages or other relief is not
controverted. It shall thereupon make an order specifying the in controversy, and direct such further proceedings in
facts that appear without substantial controversy, including the action as are just. The facts so ascertained shall be
the extent to which the amount of damages or other relief is deemed established, and the trial shall be conducted on the
not in controversy, and directing such further proceedings in controverted facts accordingly. (4a)
the action as are just. The facts so specified shall be deemed
established, and the trial shall be conducted on the
controverted facts accordingly. (4a, R34)
 “and what are actually and in good faith controverted.” Was changed to “, including the extent to which the
amount of damages or other relief is not in controversy, and direct such further proceedings in the action
as are just.”
 “It shall thereupon make an order specifying the facts that appear without substantial controversy, including the
extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in
the action as are just.” Was deleted
 “The facts so specified” was changed to “The facts so ascertained”
RULE 144
OLD NEW
RULE 144
EFFECTIVENESS
These rules shall take effect on January 1, 1964. They shall govern all cases brought after they take effect, and also all
further proceedings in cases then pending, except to the extent that in the opinion of the court, their application would not
be feasible or would work injustice, in which even the former 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) The application and adherence to the said amendments shall be
subject to periodic monitoring by 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. (n)
WHEN TO FILE PLEADING
30 calendar days after service of summons

ANSWER TO THE COMPLAINT
Unless a different period is fixed by the court
ANSWER OF A DEFENDANT FOREIGN PRIVATE 60 calendar days after receipt of summons by such
JUDICIAL ENTITY entity
30 calendar days after being served by a copy thereof

ANSWER TO AMENDED COMPLAINT
15 calendar days from notice of the order admitting
the same if filing is not a matter of right
ANSWER TO COUNTERCLAIM OR CROSS – CLAIM 20 calendar days from receipt
15 calendar days from service of the pleading

REPLY responded to
(if allowed under section 10, rule 6)
20 calendar days from notice of the order admitting

ANSWER TO SUPPLEMENTAL COMPLAINT the same
Unless a different period is fixed by the court
A defendant may, for meritorious reasons, be granted an

additional period of not more than thirty (30) calendar
EXTENSION TO TIME TO FILE AN ANSWER days to file an answer.
A defendant is only allowed to file one (1) motion for

extension of time to file an answer.
OPPOSITION TO A LITIGIOUS MOTION Within Five (5) calendar days from receipt thereof.
SUMMARY OF RULES MODE OF PERSONAL SERVICES

Personal service Court submissions may be served by personal delivery of a copy to:
 The party or to the party’s counsel, or

 To their authorized representative named in the appropriate
pleading or motion, or
 By leaving it in his or her office with his or her clerk, or
 With a person having charge thereof
If no person is found in his or her office, or his or her office is not known,
or he or she has no office, then by leaving the copy:
 Between the hours of eight in 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
Manner of filing Submitting personally the original thereof, plainly indicated as such, to the
court;
 The clerk of court shall endorse on the pleading the date and hour
of filing
Completeness of service Personal service is complete upon actual delivery.
Proof of filing If the pleading or any other court submission is not in the record, but
is claimed to have been filed personally, the filing shall be proven
by the written or stamped acknowledgment of its filing by the
clerk of court on a copy of the pleading or court submission;
Proof of Service. Proof of personal service shall consist of:
 A written admission of the party served, or
 The official return of the server, or
 The affidavit of the party serving, containing a statement of the
date, place, and manner of service.
Conventional service or filing of orders, The following orders, pleadings, and other documents must be served
pleadings and other documents. or filed personally or by registered mail when allowed, and shall not be
served or filed electronically, unless express permission is granted by the
Court:
(a)Initiatory pleadings and initial responsive pleadings, such as an

answer;
(c)Appendices and exhibits to motions, or other documents that are

not readily amenable to electronic scanning may, at the option of the
party filing such, be filed and served conventionally; and
(d)Sealed and confidential documents or records.
SUMMARY OF RULES MODE OF SERVICE BY REGISTERED MAIL

Service by mail Service by registered mail shall be made by depositing the copy in the
post office:
 In a sealed envelope,
 Plainly addressed to the party or to the party’s counsel at his or
her office, if known, otherwise at his or her residence, if known,
 With postage fully pre-paid, and
 With instructions to the postmaster to return the mail to the
sender after ten (l0) calendar days if undelivered.
If no registry service is available in the locality of either the sender or the

addressee, service may be done by ordinary mail.
Manner of filing Sending them by registered mail;
 The date of the 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.
Completeness of service Service by registered mail is complete upon actual receipt by the
addressee, or after five (5) calendar days from the date he or she
received the first notice of the postmaster, whichever date is
earlier.
Proof of filing The filing shall be proven by:
 The registry receipt and
 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.
Proof of Service. Proof shall be made by the affidavit mentioned above and the registry
receipt issued by the mailing office. The registry return card shall be filed
immediately upon its receipt by the sender, or in lieu thereof, the
unclaimed letter together with the certified or sworn copy of the notice
given by the postmaster to the addressee.
Presumptive service. There shall be presumptive notice to a party of a court setting if such
notice appears on the records to have been mailed:
At least twenty (20) calendar days prior to the scheduled date of

hearing and if the addressee is from within the same judicial
region of the court where the case is pending, or
At least thirty (30) calendar days if the addressee is from outside

the judicial region.
Conventional service or filing of orders, Notwithstanding the foregoing, the following orders, pleadings, and
pleadings and other documents. other documents must be served or filed personally or by registered mail
when allowed, and shall not be served or filed electronically, unless
express permission is granted by the Court:
(a)Initiatory pleadings and initial responsive pleadings, such as an answer;
(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

SUMMARY OF RULES MODE IN SENDING THEM BY ACCREDITED COURIER
Manner of filing Sending them by accredited courier; or
 The date of the 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.
Completeness of service 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.
Proof of filing 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.
Proof of 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.
Presumptive service. There shall be presumptive notice to a party of a court setting if such
notice appears on the records to have been mailed:

hearing and if the addressee is from within the same judicial
region of the court where the case is pending, or

Conventional service or filing of orders, Notwithstanding the foregoing, the following orders, pleadings, and
pleadings and other documents. other documents must be served or filed personally or by registered mail
when allowed, and shall not be served or filed electronically, unless
express permission is granted by the Court:

answer;


SUMMARY OF RULES IN SERVICE BY ELECTRONIC MEANS AND FACSIMILE.
Service by electronic means and facsimile. Service by electronic means and facsimile shall be made if the party
concerned consents to such modes of service.
Service by electronic means shall be made by sending an e-mail to the

party’s or counsel’s electronic mail address, or through other electronic
means of transmission as the parties may agree on, or upon direction of the
court.
Service by facsimile shall be made by sending a facsimile copy to the

party’s or counsel’s given facsimile number
Presumptive service. There shall be presumptive notice to a party of a court setting if such notice
appears on the records to have been mailed:

hearing and if the addressee is from within the same judicial region
of the court where the case is pending, or

Electronic mail and facsimile subject and The subject of the electronic mail and facsimile must follow the prescribed
title of pleadings and other documents format:
 case number,
 case title and the pleading,
 order or document title.
The title of each electronically-filed or served pleading or other document,

and each submission served by facsimile shall contain sufficient information
to enable the court to ascertain from the title:
(a) the party or parties filing or serving the paper,

(b) nature of the paper,
(c) the party or parties against whom relief, if any, is sought, and
(d) the nature of the relief sought.
Conventional service or filing of orders, The following orders, pleadings, and other documents shall not be served
pleadings and other documents. or filed electronically, unless express permission is granted by the Court:

answer;


Court-issued orders and other documents. The court may electronically serve orders and other documents to all the
parties in the case which shall have the same effect and validity as provided
herein.
A paper copy of the order or other document electronically served shall be

retained and attached to the record of the case.
Manner of filing Filing of pleadings and other court submissions can be transmitted by
electronic mail or other electronic means as may be authorized by the Court
in places where the court is electronically equipped.
The date of electronic transmission shall be considered as the date of filing.
Completeness of service
ELECTRONIC SERVICE:
 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.
FACSIMILE TRANSMISSION
 Complete upon receipt by the other party, as indicated in the
facsimile transmission printout.
Change of electronic mail address or facsimile A party who changes his or her electronic mail address or facsimile number
number. while the action is pending must:
 Promptly file, within five (5) calendar days from such change, a
notice of change of e-mail address or facsimile number with the
court; and
 Serve the notice on all other parties.
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.
Proof of filing.
Filing 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.
Proof of service 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.
THE SCHEDULE OF THE TRIAL DATES, FOR BOTH PLAINTIFF AND DEFENDANT, SHALL BE CONTINUOUS
AND WITHIN THE FOLLOWING PERIODS:
 Shall be set not later than thirty (30)
calendar days after the termination of the pre-
trial conference.
THE INITIAL PRESENTATION OF PLAINTIFF’S
EVIDENCE  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;
 Shall be set not later than thirty (30)

calendar days after the court’s ruling on
plaintiff’s formal offer of evidence.
THE INITIAL PRESENTATION OF DEFENDANT’S
EVIDENCE  The defendant shall be allowed to present its
evidence within a period of three (3) months
or ninety (90) calendar days;
 Shall be determined by the court, the total of

THE PERIOD FOR THE PRESENTATION OF EVIDENCE which shall in no case exceed ninety (90)
ON THE THIRD (FOURTH, ETC.) -PARTY CLAIM, calendar days
COUNTERCLAIM OR CROSS- CLAIM
 If deemed necessary, the court shall set the

presentation of the parties’ respective rebuttal
PARTIES’ RESPECTIVE REBUTTAL EVIDENCE evidence, which shall be completed within a
period of thirty (30) calendar days.
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  Presentation of evidence shall be terminated within a
CLAIM, COUNTERCLAIM OR CROSS-CLAIM, period of six (6) months or one hundred eighty
(180) calendar days.
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.
 Shall be held from Monday to Thursday, and
 Courts shall call the cases at exactly 8:30 a.m. and
SCHEDULE OF TRIAL: 2:00 p.m.
 Shall be held on Fridays,

HEARING ON MOTIONS  All courts shall ensure the posting of their court
calendars outside their courtrooms at least one (1)
day before the scheduled hearings

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RULE 6

The defenses of a party are alleged in the answer to

Complaint. - The complaint is the pleading alleging the

Defenses. — Defenses may either be negative or

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

Affirmative defenses may also include grounds

 Addition to the AFFIRMATIVE DEFENSES:

Compulsory counterclaim. — A compulsory

Cross-claim. - A cross-claim is any claim by one party

Reply. —All new matters alleged in the answer

A reply is a pleading, the office or function of which is

In the event of an actionable document attached

 All new matters alleged in the answer are deemed controverted

Third, (fourth, etc.)-party complaint. — A third (fourth,

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

(3)The factual contentions have evidentiary

(4) The denials of factual contentions are

(c) If the court determines, on motion or motu

 The Revised Rules expands this certification to include the following:

a) the document is not being presented for any improper purpose,

A pleading is verified by an affidavit that the affiant has

(b)The pleading is not filed to harass, cause

(c)The factual allegations therein have

The signature of the affiant shall further serve as

A pleading required to be verified that contains a

 The revised rules expands the qualification of a verified pleading.

 A pleading is verified by an affidavit of an affiant duly authorized to sign said verification.

1. Attached to the pleading, and

SECTION 6 (NEW PROVISION)

(a)Names of witnesses who will be presented to prove a party’s claim or defense;

(a) names of the witnesses,

(b) a summary of their intended testimonies,

(d) The documentary and object evidence in support of a party's allegations.

Judgment. — In pleading a judgment or decision of Judgment. — In pleading a judgment or decision of

 and the following grounds:

2.That venue is improperly laid;

Amendment to conform to or authorize presentation of No amendment necessary to conform to or authorize

Answer to counterclaim or cross-claim. — A counterclaim or Answer to counterclaim or cross-claim. — A counterclaim or

Answer to supplemental complain. — A supplemental Answer to supplemental complaint. — A supplemental

Where several counsels appear for one party, such

In the first case, the clerk of court shall endorse on the

(b)Sending them by registered mail;

(c) Sending them by accredited courier; or

SUMMARY OF REVISION: *summarized individually in separate matrixes*

SUMMARY OF REVISION: *summarized individually in separate matrixes*

Service through the electronic mail address or facsimile

SUMMARY OF REVISION: *summarized individually in separate matrixes*

SUMMARY OF REVISION: *summarized individually in separate matrixes*

(a)Initiatory pleadings and initial responsive pleadings, such as an answer;

(b)Subpoenae, protection orders, and writs;

(d)Sealed and confidential documents or records. (n)

Electronic service is complete at the time of the

Service by facsimile transmission is complete upon

SUMMARY OF REVISION: *summarized individually in separate matrixes*

(c) If the pleading or any other court submission

(d)If the pleading or any other court submission

(e)If the pleading or any other court

SUMMARY OF REVISION: *summarized individually in separate matrixes*

(c)Accredited courier service. – Proof shall be made by

SUMMARY OF REVISION: summarized individually in separate matrixes

SUMMARY OF REVISION: summarized individually in separate matrixes

SUMMARY OF REVISION: summarized individually in separate matrixes

SUMMARY OF REVISION: summarized individually in separate matrixes

SUMMARY OF REVISION: summarized individually in separate matrixes

SUMMARY OF REVISION: summarized individually in separate matrixes

SUMMARY OF REVISION: summarized individually in separate matrixes