A GRAPHIC GUIDE TO

CIVIL
PROCEDURE
The 2019 Salient Changes
to the 1997 Rules of Civil Procedure

A.M. No. 19-10-20-SC

Supreme Court of the Philippines

EDMAR D. LERIOS
A Graphic Guide to Civil Procedure:
The 2019 Salient Changes to the
1997 Rules of Civil Procedure

eBook 2020 by Edmar D. Lerios

No part of this work may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying and recording, or by any information
storage or retrieval system without the prior approval of Edmar D. Lerios.
  Salient Changes (Pleadings, Part 1)

Exception: An answer may be responded to by a

reply only if the defending party attaches an
actionable document to the answer (Sec. 2, Rule
6). If the plaintiff wishes to interpose any claims
arising out of the new matters so alleged, such
claims shall be set forth in an amended or
supplemental complaint (Sec. 10, Rule 6).

Exception: 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 (Sec. 10, Rule 6).

Aside from those enumerated in Sec. 5 (b), affirmative

defenses may also include grounds for the dismissal of the
complaint, such as lack of jurisdiction over the subject matter,
there is another action pending between the same parties for
the same cause of action (litis pendentia) or the action is
barred by a prior judgment (res judicata) (Sec. 5, Rule 6)

A compulsory counterclaim not raised in the

same action is barred, unless otherwise
allowed by the Rules (Sec. 7, Rule 6) .

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 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 (Sec. 11, Rule 6).
By: E.D.Lerios
 The Rules of
Civil Procedure
2019 Salient Changes (Pleadings, Part 2)

For pleadings needing

Violations of the rules verification, affiant must
on pleading signature attest that the pleading is
may result to sanction. not frivolous.
If the court determines, on motion or motu propio and
after notice and hearing, that this rule (Sec. 3) has been The affiant shall allege the following
violated, it may impose an appropriate sanction or refer attestations:
such violation to the proper office for disciplinary action,
on any attorney, law firm, or party that violated the rule, a. The allegations in the pleading are true and
or is responsible for the violation. Absent exceptional
circumstances, a law firm shall be held jointly and
correct based on his or her personal knowledge,
severally liable for a violation committed by its partner, or based on authentic documents;
associate or employee.
b. The pleading is not filed to harass,
The sanction may include, but shall not be limited to, cause unnecessary delay, or
non-monetary directive or sanction; an order to pay a needlessly increase the cost of
penalty in court; or, if imposed on motion and warranted
for effective deterrence, an order directing payment to
litigation; and
the movant of part or all of the reasonable attorney’s
fees and other expenses directly resulting from the c. The factual allegations therein have
violation, including attorney’s fees for the filing of the evidentiary support after reasonable
motion for sanction. The lawyer or law firm cannot pass opportunity for discovery (Sec. 4, Rule 7).
on the monetary penalty to the client (Sec. 3, Rule 7).
EDL

Pleadings must contain

Authorization to sign summary of testimonies
verification and certification and shall attach evidence,
against forum shopping including judicial affidavits.
must be attached. Every pleading stating a party’s claims or defenses
shall, in addition to those mandated by Section 2, Rule
7, state the following: 
A pleading is verified by an
affidavit of an affiant duly (a) Names of witnesses who will be presented to
prove a party’s claim or defense; 
authorized to sign said
verification. (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
The authorization of the part thereof. Only witnesses whose judicial affidavits
affiant to act on behalf of a are attached to the pleading shall be presented by
party, whether in the form of the parties during trial. Except if a party presents
meritorious reasons as basis for the admission of
a secretary’s certificate or a additional witnesses, no other witness or affidavit
special power of attorney, shall be heard or admitted by the court; and 
should be attached to the
(c) Documentary and object evidence in support
pleading (Secs. 4 & 5, Rule 7). of the allegations contained in the pleading
(Sec. 6, Rule 7).

By: E.D.Lerios
 The Rules of
Civil Procedure
2019 Salient Changes (Pleadings, Part 3)

State both the Don't file a motion

ultimate facts and for reconsideration or a
the evidence. petition for certiorari
Every pleading shall contain in a
if the court denies your
methodical and logical form, a plain,
concise and direct statement of the
affirmative defenses.
ultimate facts, including the evidence
on which the party pleading relies for his Affirmative defenses, if denied, shall
or her claim or defense, as the case may not be the subject of a motion for
be (Sec. 1, Rule 8). reconsideration or petition for
certiorari, prohibition or mandamus,
but may be among the matters to be
raised in appeal after a judgment on
When pleading a the merits (Sec. 12, Rule 8).

judgment, attach its EDL

authenticated copy to The court shall
the pleading. refuse leave to
In pleading a judgment or decision of a amend pleadings
domestic or foreign court, judicial or
quasi-judicial tribunal, or of a board or in certain cases.
officer, it is sufficient to aver the
judgment or decision without setting If a responsive pleading has already
forth matter showing jurisdiction to been filed, substantial amendments
render it. may be made only upon leave of court.

An authenticated copy of the judgment But such leave shall be refused if it

or decision shall be attached to the appears to the court that the motion
pleading (Sec. 6, Rule 8). 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 (Sec. 3, Rule 10).

Raise your affirmative

Don't amend your pleading to conform to evidence
defenses at the (when issues not raised are tried with the consent
earliest opportunity. of the parties). It is deemed amended.
Failure to raise the affirmative When issues not raised by the pleadings are tried with the
defenses at the earliest express or implied consent of the parties, they shall be treated in
opportunity shall constitute a all respects as if they had been raised in the pleadings.
waiver thereof (Sec. 12, Rule 8).
No amendment of such pleadings deemed amended is necessary
to cause them to conform to the evidence (Sec. 5, Rule 10).

By: E.D.Lerios
 The Rules of
Civil Procedure

EDL

By: E.D.Lerios
 2019 Salient Changes
(Filing & Service of Pleadings &
Documents, Part 5)

Service by electronic means and facsimile

shall be made if the party concerned
consents to such modes of service.
The filing of pleadings and other submissions Service by electronic means shall be
shall be made by: made by sending an e-mail to the party’s
or counsel’s electronic mail address, or
(a) Submitting personally the original thereof, through other electronic means of
plainly indicated as such, to the court; transmission as the parties may agree
(b) Sending them by registered mail; on, or upon direction of the court.
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or Service by facsimile shall be made by
other electronic means as may be authorized sending a facsimile copy to the party’s
by the Court in places where the court is or counsel’s given facsimile number
electronically equipped (Sec. 3, Rule 13). EDL
(Sec. 9, Rule 13).

Notwithstanding the foregoing, the following orders,

pleadings, and other documents must be served or filed
personally or by registered mail when allowed, and shall
Pleadings, motions, notices, orders, not be served or filed electronically, unless express
permission is granted by the Court:
judgments, and other court submissions
(a) Initiatory pleadings and initial responsive pleadings,
shall be served personally or by registered such as an answer;
mail, accredited courier, electronic mail, (b) Subpoenae, protection orders, and writs;
facsimile transmission, other electronic (c) Appendices and exhibits to motions, or other
means as may be authorized by the Court, documents that are not readily amenable to electronic
or as provided for in international scanning may, at the option of the party filing such, be
conventions to which the Philippines is a filed and served conventionally; and
(d) Sealed and confidential documents or records
party (Sec. 5, Rule 13). (Sec. 14, Rule 13).

By: E.D.Lerios
 Salient Changes (Court Notice
& Summons, Part 6)

The court may authorize

A party is presumed to
the plaintiff to serve the
have received a notice
summons (together
of court setting if it has
with the sheriff).
been mailed 20 (or 30)
The summons may be served by the sheriff, his
days before the hearing. deputy, or other proper court officer, and in
case of failure of service of summons by
There shall be presumptive notice to a party them, the court may authorize the plaintiff – to
of a court setting if such notice appears on serve the summons – together with the sheriff.
the records to have been mailed at least
twenty (20) calendar days prior to the In cases where summons is to be served
scheduled date of hearing and if the outside the judicial region of the court where
addressee is from within the same judicial the case is pending, the plaintiff shall be
region of the court where the case is pending, authorized to cause the service of the
or at least thirty (30) calendar days if the summons (Sec. 3, Rule 14; See Sec. 2, Rule 14:
addressee is from outside the judicial region The plaintiff, upon ex-parte motion,
(Sec. 10, Rule 13). may be authorized to serve summons
to the defendant).

The court may

electronically serve The court shall dismiss the
orders and documents case with prejudice and
to the parties. impose sanctions if the
The court may electronically serve
plaintiff misrepresents
orders and other documents to all the that summons was served.
parties in the case which shall have the
same effect and validity as provided If the plaintiff misrepresents that the defendant was
herein. A paper copy of the order or served summons, and it is later proved that no
other document electronically served summons was served, the case shall be dismissed
with prejudice, the proceedings shall be nullified and
shall be retained and attached to the
the plaintiff shall be meted appropriate sanctions
record of the case (Sec. 18, Rule 13; (Sec. 3, Rule 14).
See also Sec. 13, Rule 13).

By: E.D.Lerios
 The Rules of
Civil Procedure
2019 Salient Changes (Summons, Part 7)

The court may allow

In serving the summons, substituted service of
the server must inform the summons via email.
defendant that he is being
If, for justifiable causes, the defendant cannot
served. If he refuses to receive, be served personally after at least three (3)
the server can leave the attempts on two (2) separate dates, service
may be effected:
summons within his view.
(d) By sending an electronic mail to the
Whenever practicable, the summons shall be defendant’s electronic mail address, if
served by handing a copy thereof to the allowed by the court (Sec. 6, Rule 14).
defendant in person and informing the
defendant that he or she is being served, or, if If summons was served by electronic mail,
he or she refuses to receive and sign for it, by a printout of said e-mail, with a copy of the
leaving the summons within the view and in summons as served, and the affidavit of the
presence of the defendant (Sec. 5, Rule 14). person mailing, shall constitute as proof of
service (Sec. 21, Rule 14).
EDL

If the defendant questions The defendant is deemed

the validity of the service, served with the summons if
the court will deputize the he moves to dismiss the case
defendant's counsel to serve on other grounds aside from
the summons on her client. lack of jurisdiction over the
Where the summons is improperly served person.
and a lawyer makes a special appearance
The defendant's voluntary appearance in the
on behalf of the defendant to, among action shall be equivalent to service of summons.
others, question the validity of service of The inclusion in a motion to dismiss of other
summons, the counsel shall be deputized by grounds aside from lack of jurisdiction over the
the court to serve summons on his or her person of the defendant shall be deemed a
client (Sec. 13, Rule 14). voluntary appearance (Sec. 23, Rule 14).

By: E.D.Lerios
 2019 Salient Changes

The Rules on
Civil Procedure
(Motions, Part 8)

By: E.D.Lerios

After the adverse party is given the opportunity to

oppose, the court should immediately resolve in open
court a motion made in the course of a hearing.
A motion made in open court or in When a motion is based on facts not
the course of a hearing or trial should appearing on record, the court may hear
immediately be resolved in open the matter on affidavits or depositions
court, after the adverse party is given presented by the respective parties, but
the opportunity to argue his or her the court may direct that the matter be
opposition thereto. heard wholly or partly on oral testimony
or depositions (Sec. 2, Rule 15).

The court will not set for hearing non-litigious motions;

it must resolve them within 5 calendar days.
Motions which the court may act 6. Motion for the issuance of a
upon without prejudicing the rights writ of possession;
of adverse parties are non-litigious 7. Motion for the issuance of an order
motions. These motions include: directing the sheriff to
execute the final certificate of sale;
1. Motion for the issuance of an alias 8. Other similar motions.
summons;
2. Motion for extension to file answer; These motions shall not be set for
3. Motion for postponement; hearing and shall be resolved by the
4. Motion for the issuance of a writ of court within five (5) calendar days
execution; from receipt thereof (Sec. 4, Rule 15).
5. Motion for the issuance of an alias
writ of execution;
Rules on Litigious Motions
1. Proof of Service. 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. No written motion shall be acted upon by the court
without proof of service thereof [Sec. 5 (b) & Sec. 7, Rule 15].
2. Five days to Oppose. The opposite 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
[Sec. 5 (c), Rule 15].
3. 15 days to Resolve. The motion shall be resolved by the court within fifteen
calendar days from its receipt of the opposition thereto, or upon expiration of
the period to file such opposition [Sec. 5 (c), Rule 15].
4. Discretionary Hearing. The court may, in the exercise of its discretion, and if
deemed necessary for its resolution, call a hearing on the motion. The notice of
hearing shall be addressed to all parties concerned, and shall specify the time
and date of the hearing [Sec 6, Rule 15].
 2019 Salient Changes

The Rules of
Civil Procedure
(Motions & Pre-Trial, Part 9)
By: E.D.Lerios

Prohibited Motions Dismissal with Prejudice

1. Motion to dismiss (except lack of

Subject to the right of appeal, an order of
jurisdiction over the subject matter, litis
dismissal based on the following grounds
pendencia, res judicata, and statute of
shall bar the refiling of the same action:
limitations)
1. Barred by prior judgment
2. Motion to hear affirmative defenses
3. Motion for reconsideration of the court's 2.  Barred by statute of limitations
action on the affirmative defenses 3. The claim or demand set forth in the
4. Motion to suspend proceedings without a plaintiff’s pleading has been paid,
temporary restraining order or injunction waived, abandoned or otherwise
issued by a higher court extinguished
5. Motion for extension of time to file 4. The claim on which the action is
pleadings, affidavits, or other papers founded is unenforceable under the
6. Motion for postponement intended for provisions of the statute of frauds
delay (Sec. 12, Rule 15) (Sec. 13, Rule 15)
Check the exceptions to Prohibited Motions .

New Matters the Court will

Consider During Pre-Trial

1. The limitation of the number and 5. Reservations of evidence not available at the
identification of witnesses and the pre-trial, but only in the following manner:
  - For testimonial evidence, by giving the name
setting of trial dates
or position and the nature of the testimony of
2. Marking of parties' respective
the proposed witness
evidence if not yet marked in the - For documentary evidence and other object
judicial affidavits of their witnesses evidence, by giving a particular description of
3. Examination and comparisons of the the evidence
adverse parties' evidence vis-a-vis the
copies to be marked The failure without just cause of a party and
counsel to appear during pre-trial, despite
4. Stipulations regarding the faithfulness
notice, shall result in a waiver of any objections
of the reproductions and the
to the faithfulness of the reproductions marked,
genuineness and due execution of the or their genuineness and due execution (Sec. 2,
adverse parties' evidence Rule 18).
2019 Salient Changes

The Rules of
Civil Procedure
(Discovery & Trial, Part 10)

You may file and serve You may depose

written interrogatories any person upon
to an adverse party ex parte motion.
upon ex parte motion.
Depositions pending action,
Interrogatories to parties; service thereof.-
when may be taken.-Upon
Upon ex parte motion, any party
ex parte motion of a party,
desiring to elicit material and relevant
the testimony of any
facts from any adverse parties shall file
person, whether a party
and serve upon the latter written
or not, may be taken, at
interrogatories to be answered by the
the instance of any party,
party served or, if the party served is a
by deposition upon oral
public or private corporation or a
examination or written
partnership or association, by any
interrogatories (Sec. 1,
officer thereof competent to testify in
Rule 23).
its behalf (Sec. 1, Rule 25).

You have to strictly You need to observe

follow the agreed the continuous
schedule of trial. trial system.
The parties shall strictly observe The schedule of the trial dates,
the scheduled hearings as agreed for both plaintiff and defendant,
upon and set forth in the pre-trial shall be continuous... (See Sec. 1
order (Sec. 1, Rule 30). (a)-(c), Rule 30).

By: E.D.Lerios
 2019 Salient Changes

Part 11

The Continuous Trial System

Section 1, Rule 30. Schedule of Trial.

The parties shall strictly observe the scheduled hearings as

agreed upon and set forth in the pre-trial order.

(a) The schedule of the trial dates, for both plaintiff and
defendant, shall be continuous and within the following periods:

2
Defendant's
Evidence
Not later than 30 calendar Presentation:
days after the court's within 90
ruling on plaintiff's calendar days.
formal offer of evidence.

1
Plaintiff's
Evidence Presentations by all parties:
Not later than 30
calendar days after
the termination of
pre-trial conference.
- within 300 calendar days
(with third-party claim,
counterclaim, cross-claim)
3
Third-Party
Presentation: - within 180 calendar days Claim,
within 90
calendar days.
(without third-party claim,
counterclaim, cross-claim)
Counterclaim,
Cross-claim
Court determines the
setting.

Presentation: total

4
shall not exceed 90
calendar days.

Rebuttal
Court determines the setting.

Presentation (if necessary):

within 30 calendar days.

Court Decision:
within 90 calendar days
from submission of
By: E.D.Lerios
the case for resolution
2019 Salient Changes
The Rules of
Civil Procedure
Part 12

By: E.D.Lerios

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
(Sec. 6, Rule 30).

The court may motu proprio

or on motion render
A demurrer to evidence shall judgment on the pleadings
be subject to the provisions of if it is apparent that the
Rule 15 (procedure on motions). answer fails to tender an
issue, or otherwise admits
The order denying the demurrer the material allegations of
to evidence shall not be subject of the adverse party’s
an appeal or petition for certiorari, pleadings. Otherwise, the
prohibition or mandamus before motion shall be subject to
judgment (Sec. 2, Rule 33). the provisions of Rule 15 of
these Rules (Sec. 2, R.34).
 2019 Salient Changes

THE RULES OF
CIVIL PROCEDURE
Part 13
(Judgment on the Pleadings;
Summary Judgment)

You cannot appeal or

Fever
Cough
Colds
Headache

Any action of the court on a

assail thru a petition for motion for judgment on the

certiorari an order denying pleadings shall not be subject of

an appeal or petition for
your motion for judgment certiorari, prohibition or
on the pleadings. mandamus (Sec. 2, Rule 34).

Your motion for The court may or may

summary judgment not conduct a hearing
must cite the supporting on your motion for
affidavits, deposition or summary judgment.
admissions, and the
specific law relied upon. Unless the court orders the conduct
of a hearing, judgment sought shall
The motion shall cite the be rendered forthwith if the
supporting affidavits, depositions pleadings, supporting affidavits,
or admissions, and the specific depositions and admissions on file,
law relied upon. show that, except as to the amount
of damages, there is no genuine
The adverse party may file a issue as to any material fact and
comment and serve opposing that the moving party is entitled to
affidavits, depositions, or judgment as a matter of law.
admissions within a non-
extendible period of five (5) Any action of the court on a motion
calendar days from receipt of for summary judgment shall not be
the motion. (Sec. 3, Rule 35). subject of an appeal or petition for
certiorari, prohibition or mandamus
(Sec. 3, Rule 35).

By: E.D.Lerios
Appendix 1
 Appendix 2

rtc1cebocc@judiciary.gov.ph cc: counsel_for_the_plaintiff@gmail.com

Civil Case No. CEB-12345, Defendant's Answer with Compulsory Counterclaim (ABC Corporation v. Juan dela Cruz)

June 29, 2020

Hon. Presiding Judge/

Hon. Clerk of Court
Regional Trial Court
Branch ___
Cebu City

Re: Answer with Compulsory Counterclaim

On behalf of our client, Defendant Juan dela Cruz, and pursuant to the rules on electronic filing under A.M. No. 19-10-20-SC, we
submit the following information, together with the attached files or documents, to the Honorable Court:

I.The Party filing/serving the Pleading: Juan dela Cruz (Defendant)

II. Nature of the Paper: Answer with Compulsory Counterclaim
III. The Party against whom Relief is sought:   ABC Corporation (Plaintiff)
IV. Nature of the Relief Sought: Damages, Attorney's Fees, and Legal Costs (you can also write some specific details here)
V. Annexes to the Answer with Compulsory Counterclaim (electronically attached here)
1. Annexes 'A' to 'H' - Certified Copies of Official Receipts (or pieces of documentary evidence)
2. Annex 'I' - Judicial Affidavit of Juan dela Cruz
3. Annex 'J' - Judicial Affidavit of witness, Maria Mercedes
4. Annex 'K' - Juidical Affidavit of witness, Marimar Cruz

We submit this pleading and the supporting documents for the kind consideration of the Court. Thank you!

Atty. Edmar D. Lerios

TSMLD Law Offices
atty.edmar.lerios@gmail.com

Sec. 12, Rule 13 states that '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.'

Note: The rules merely require the title of the electronically filed or served document to contain informations
(a) to (d). But to be sure and to avoid confusion, it's better to specify them in the email message.

By: E.D.Lerios
EDMAR D. LERIOS
Faculty Member, University of San Carlos School of Law
Member of the Board of Directors, IBP Cebu Chapter
Chairman, Committee on MCLE & Legal Education
Chairman, Committee on Trial Academy
Partner, Tequillo Suson Manuales Lerios & Dumaliang Law Offices

Warm acknowledgment to the

24th Board of Directors of the
Integrated Bar of the Philippines,
Cebu Chapter

atty.edmar.lerios@gmail.com