2019 New Civil Procedure

CIVIL PROCEDURE: ORDINARY CIVIL ACTIONS
RULE 6 - PARTS OF A PLEADING
Section Original Provision Amended Provision Remarks
Section 1. Pleadings are the written [No amendment]

Pleadings statements of the respective
defined. claims and defenses of the
parties submitted to the court
for appropriate judgment.
Section 2. The claims of a party are The claims of a party are ❑ No amendment in the
Pleadings asserted in a complaint, asserted in a complaint, first paragraph of Sec. 2
allowed. counterclaim, cross-claim, counterclaim, cross-claim, third
third (fourth, etc.)-party (fourth, etc.)-party complaint,
complaint, or complaint in or complaint in intervention.
intervention. The defenses of
a party are alleged in The defenses of a party are
❑ The amendment in the
intervention. alleged in the answer to the
second paragraph is only
pleading asserting a claim
gender-based (may mean
The defenses of a party are against him or her.
“him or her” or “he or
alleged in the answer to the
she”)
pleading asserting a claim
against him. An answer may be responded to
❑ No reply may be filed
by a reply only if the defending
if the defendant does not
An answer may be responded party attaches an actionable
attach an actionable
by a reply. document to the answer.
document to the answer.
NOTE1: Rules 6 to 43, Rules of Court, are under the title PROCEDURE IN REGIONAL TRIAL COURTS. The subject
of the Proposed Amendments are Rules 6 to 35
NOTE2: Under Sec. 1, Rule 5 (Uniform Procedure), which was not amended, the procedure in the “Municipal
Trial Courts” (MeTCs, MTCCs, MTCs, and MCTCs) “shall be the same as the in the Regional Trial Courts, except
(a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases
governed by the Rule on Summary Procedure”.
NOTE3: No amendment in Sec. 1 (Pleading defined), Sec. 4 (Answer), Sec. 6 (Counterclaim), Sec. 9 (Counter-
counterclaims and countercross-claims), Sec. 12 (Bringing new parties) and Sec. 13 (Answer to third [fourth,
etc.]-party complaint
Section 3. The complaint is the pleading The complaint is the pleading ❑ The complainant may
Complaint. alleging the plaintiff’s cause alleging the plaintiff’s or now be referred to as the
or causes of action. The claiming party’s cause or causes plaintiff or “claiming
names and residences of the of action. The names and party”
plaintiff and defendant must residences of the plaintiff (or
be stated in the complaint. claiming party) and defendant
must be stated in the complaint.
Section 4. An answer is a pleading in [No amendment]

Answer. which a defending party sets
forth his defenses.
Section 5. Defenses may either be Defenses may either be ❑ No amendment in the

Defenses. negative or affirmative. negative or affirmative. first paragraph and item
(a) of Sec. 5.
(a) A negative defense is the (a) A negative defense is the
specific denial of the material specific denial of the material
fact or facts alleged in the fact or facts alleged in the
pleading of the claimant pleading of the claimant
essential to his cause or essential to his cause or causes
causes of action. of action.
(b) An affirmative defense is (b) An affirmative defense is an

an allegation of a new matter allegation of a new matter ❑ The amendment in
which, while hypothetically which, while hypothetically item (b) of Sec. 5 is only
admitting the material admitting the material gender-based.
allegations in the pleading of allegations in the pleading of
the claimant, would the claimant, would
nevertheless prevent or bar nevertheless prevent or bar

recovery by him. The recovery by him or her. The
affirmative defenses include affirmative defenses include
fraud, statute of limitations, fraud, statute of limitations,
release, payment, illegality, release, payment, illegality,
statute of frauds, estoppel, statute of frauds, estoppel,
former recovery, discharge in former recovery, discharge in
bankruptcy, and any other bankruptcy, and any other
matter by way of confession matter by way of confession and
and avoidance. avoidance.
NO ORIGINAL PROVISION Affirmative defenses may also

include grounds for the ❑ This is a new
dismissal of a complaint, paragraph in Sec. 5
specifically, that the court has regarding affirmative
no jurisdiction over the subject defenses. An affirmative
matter, that there is another defense includes grounds
action pending between the for the dismissal of the
same parties for the same complaint, such as lack of
cause, or that the action is jurisdiction of the court
barred by a prior judgment. over the subject matter,
there is another action
pending between the
same parties (litis
pendentia) or the action
is barred by prior
judgment (res judicata)
Section 6. A counterclaim is any claim [No amendment]

Counterclaim which a defending party may
have against an opposing
party.
Section 7. A compulsory counterclaim is A compulsory counterclaim is ❑ A new sentence is

Compulsory one which, being cognizable one which, being cognizable by included in Sec. 7
counterclaim by the regular courts of the regular courts of justice, providing that a
justice, arises out of or is arises out of or is connected compulsory counterclaim
connected with the with the transaction or not raised in the same
transaction or occurrence occurrence constituting the action (or case) is barred,
constituting the subject subject matter of the opposing unless it is allowed or can
matter of the opposing party’s claim and does not still be pursued
party’s claim and does not require for its adjudication the separately in a separate
require for its adjudication presence of third parties of action per the Rules
the presence of third parties whom the court cannot acquire
of whom the court cannot jurisdiction. Such a counterclaim
acquire jurisdiction. Such a must be within the jurisdiction
counterclaim must be within of the court both as to the
the jurisdiction of the court amount and the nature thereof,
both as to the amount and except that in an original action
the nature thereof, except before the Regional Trial Court,
that in an original action the counterclaim may be
before the Regional Trial considered compulsory
Court, the counterclaim may regardless of the amount. A
be considered compulsory compulsory counterclaim not
regardless of the amount. raised in the same action is
barred, unless otherwise
allowed by these Rules.
Section 8. A cross-claim is any claim by A cross-claim is any claim by ❑ The second sentence
Cross-claim one party against a co-party one party against a co-party of Sec. 8 was amended to
arising out of the transaction arising out of the transaction or indicate that a cross-
or occurrence that is the occurrence that is the subject claim covers “all or part
subject matter either of the matter either of the original of the original claim”.
original action or of a action or of a counterclaim
counterclaim therein. Such therein. Such cross-claim may
cross-claim may include a cover all or part of the original
claim that the party against claim.
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.
Section 9. A counterclaim may be [No amendment]

Counter- asserted against an original
counterclaims counter-claimant.
and
countercross-
claims.
Section 10. A reply is a pleading, the All new matters alleged in the ❑ This is a new
Reply office or function of which is answer are deemed paragraph inserted in
to deny, or allege facts in controverted. If the plaintiff Sec. 10 which clarifies
denial or avoidance of new wishes to interpose any claims that “all new matters
matters alleged by way of arising out of the new matters alleged in the answer are
defense in the answer and so alleged, such claims shall be deemed controverted”. If
thereby join or make issue as set forth in an amended or the plaintiff wishes to
to such new matters. If a supplemental complaint. interpose any claims
party does not file such reply, However, the plaintiff may file arising out of the new
all the new matters alleged in a reply only if the defending matters, these should be
the answer are deemed party attaches an actionable set forth in an amended
controverted. document to his or her answer. or supplemental
complaint. Also, a reply
If the plaintiff wishes to can be filed, but only if
interpose any claims arising the defending party
out of the new matters so attached an actionable
alleged, such claims shall be document in the answer.
set forth in an amended or
supplemental complaint. ❑ The amendment in the
second paragraph
emphasizes that a reply,
A reply is a pleading, the office
which is intended to deny
or function of which is to deny,
or alleged facts in denial
or allege facts in denial or
or avoidance of new
avoidance of new matters
matters alleged in or
alleged in or relating to said
relating to an actionable
actionable document.
document.
❑ A rejoinder may be
filed if the reply is based
on an actionable
document
In the event of an actionable
document attached to the
reply, the defendant may file a
rejoinder if the same is based
solely on an actionable
document.
Section 11. A third (fourth, etc.)-party A third (fourth, etc.)-party ❑ No amendment in the
Third (fourth, complaint is a claim that a complaint is a claim that a first paragraph of Sec. 11
etc.)-party defending party may, with defending party may, with leave which defines what is a
complaint leave of court, file against a of court, file against a person third (fourth, etc.)-party
person not a party to the not a party to the action, called complaint.
action, called the third the third (fourth, etc.)-party
(fourth, etc.)-party defendant, for contribution,
defendant, for contribution, indemnity, subrogation or any
indemnity, subrogation or other relief, in respect of his
any other relief, in respect of opponent’s claim.
his opponent’s claim.
The third (fourth, etc.)-party
complaint shall be denied ❑ This is a new
admission, and the court shall paragraph wherein the
require the defendant to court may deny a third
institute a separate action, (fourth, etc.)- party
where: complaint and require
the defendant to
institute a separate
(a) the third (fourth, etc.)-party
action based on 3
defendant cannot be located grounds, to wit:

within thirty (30) calendar days (a) the third (fourth,
from the grant of such leave; etc.)-party defendant
cannot be located within
(b) matters extraneous to the 30 calendar days from
issue in the principal case are the grant of leave;
raised; or (b) matters extraneous to
(c) the effect would be to the issue in the principal
introduce a new and separate case are raised; or
controversy into the action. (c) the effect would be to
introduce a new and
separate controversy into
the action.
Section 12. When the presence of parties [No amendment]

Bringing new other than those to the
parties original action is required for
the granting of complete
relief in the determination of
a counterclaim or cross-claim,
the court shall order them to
be brought in as defendants,
if jurisdiction over them can
be obtained.
Section 13. A third (fourth, etc.) — party [No amendment]

Answer to third defendant may allege in his
(fourth, etc.)- answer his defenses,
party counterclaims or cross-
complaint. claims, including such
defenses that the third
(fourth, etc.) —party plaintiff
may have against the original
plaintiffs claim. In proper
cases, he may also assert a
counterclaim against the
original plaintiff in respect of
the latter’s claim against the
third-party plaintiff.
PARTS AND CONTENTS OF A PLEADING (RULE 7)

Section 1. The caption sets forth the [No amendment]
Caption name of the court, the title of
the action, and the docket
number if assigned. The title
of the action indicates the
names of the parties. They
shall all be named in the
original complaint or petition;
but in subsequent pleadings,
it shall be sufficient if the
name of the first party on
each side be stated with an
appropriate indication when
there are other parties. Their
respective participation in the
case shall be indicated.
Section. 2. The The body of the pleading sets [No amendment]

body. forth its designation, the
allegations of the party’s
claims or defenses, the relief
prayed for, and the date of
the pleading.
(a) Paragraphs. -The

allegations in the body of a
pleading shall be divided into
paragraphs so numbered as to
be readily identified, each of
which shall contain a
statement of a single set of
circumstances so far as that
can be done with
convenience. A paragraph
may be referred to by its
number in all succeeding
pleadings.
(b) Headings. -When two or

more causes of action are
joined, the statement of the
first shall be prefaced by the
words “first cause of action,”
of the second by “second
cause of action,” and so on for
the others. When one or
more paragraphs in the
answer are addressed to one
of several causes of action in
the complaint, they shall be
prefaced by the words
“answer to the first cause of
action” or “answer to the
second cause of action” and
so on; and when one or more
paragraphs of the answer are
addressed to several causes of
action, they shall be prefaced
by words to that effect.
(c) Relief. -The pleading shall

specify the relief sought, but
it may add a general prayer
for such further or other relief
as may be deemed just or
equitable.
(d) Date. -Every pleading shall

be dated
SEC. 3. Every pleading must be signed (a) Every pleading and other ❑ The amendment in item
Signature and by the party or counsel written submissions to the (a) of Sec. 3 provides that,
address. representing him, stating in court must be signed by the aside from “pleadings”,
either case his address which party or counsel representing “other written
should not be a post office him or her. submissions to the court”
box. must be signed. Also,
another amendment is
The signature of counsel gender-based.
constitutes a certificate by
him that he has read the ❑ The amendments in
pleading; that to the best of item (b) are, among
his knowledge, information, others, gender based. In
(b) The signature of counsel
and belief there is good addition, the signature of
constitutes a certificate by him
ground to support it; and that counsel constitutes a
or her that he or she has read
it is not interposed for delay. certificate by him/her that
the pleading and document;
that to the best of his or her he/she read the pleading
An unsigned pleading and “document” to the
knowledge, information, and
produces no legal effect. best of his/her knowledge,
belief, formed after an inquiry
However, the court may, in its information and belief,
reasonable under the
discretion, allow such “formed after an inquiry”
circumstances:
deficiency to be made by the said counsel.
(1) It is not being presented for

any improper purpose, such as ❑ Sub-items (1) to (4) are
to harass, cause unnecessary new provisions in item (b)
delay, or needlessly increase pertaining to the
the cost of litigation; circumstances subject of
the inquiry required of a
(2) The claims, defenses, and counsel before signing a
other legal contentions are pleading or document
warranted by existing law or
jurisprudence, or by a non- ❑ The subject of inquiry
frivolous argument for for purposes of the
extending, modifying, or certification in the
reversing existing pleading or document are,
jurisprudence; among others, the
following:
(3) The factual contentions
have evidentiary support or, if (1) the pleading or
specifically so identified, will document is not being
likely have evidentiary support presented for any
after availment of the modes improper purpose;
of discovery under these rules;
and (2) the claims, defenses
and other legal
(4) The denials of factual contentions are warranted
contentions are warranted on by existing law or
the evidence or, if specifically jurisprudence;
so identified, are reasonably
based on belief or a lack of (3) the factual contentions
information. have evidentiary support;
and
(4) the factual contentions

are warranted on the
evidence.
❑ Item (c) is a new

provision. It provides that
(c) If the court determines, on the court may, on motion
motion or motu proprio and or motu proprio, impose
after notice and hearing, that the appropriate sanction
this rule has been violated, it should the provisions of
may impose an appropriate Sec. 3 be violated or refer
sanction or refer such violation such violation to the
to the proper office for proper office for
disciplinary action, on any disciplinary action, on any
attorney, law firm or party that attorney, law firm or party
violated the rule, or is or who is responsible for
responsible for the violation. the violation
Absent exceptional
circumstances, a law firm shall ❑ Also, a law firm is jointly
be held jointly and severally and severally liable with a
liable for a violation committed partner, associate or
by its partner, associate, or employee that commits
employee. The sanction may the violation.
include, but not limited to,
non-monetary directives or ❑ Sanctions may be (1)
sanctions; an order to pay a non-monetary directives
penalty in court; or, if imposed or sanctions; (2) an order
on motion and warranted for to pay a penalty in court;
effective deterrence, an order or (3) an order directing
directing payment to the payment to the movant of
movant of part or all of the part or all of the
reasonable attorney’s fees and reasonable attorney’s fees
other expenses directly and other expenses
resulting from the violation, directly resulting from the
including attorney’s fees for violation, including
the filing of (the) motion for attorney’s fees for filing of
sanction. The lawyer or law the motion for sanction
firm cannot pass on the
monetary penalty to the client. ❑ The lawyer or law firm

cannot pass on the
monetary penalty to the
client.
NOTE1: The title of Rule 7 was amended to include not only PARTS, but also, CONTENTS of a PLEADING
NOTE2: No amendment in Sec. 1 (Caption) and Sec. 2 (Amendment)
Section 4. Except when otherwise Except when otherwise ❑ The amendment in Sec.
Verification. specifically required by law or specifically required by law or 4, among others, deleted
rule, pleadings need not be rule, pleadings need not be the phrase “accompanied
under oath, verified or under oath or verified. by affidavit”.
accompanied by affidavit. (5a)
A pleading is verified by an ❑ The second paragraph
A pleading is verified by an affidavit of an affiant duly is a new provision on a
affidavit that the affiant has authorized to sign said pleading that “is verified
read the pleading and that the verification. The authorization by an affidavit of an affiant
allegations therein are true of the affiant to act on behalf duly authorized to sign the
and correct of his knowledge of a party, whether in the form said verification”, which
and belief. of a secretary’s certificate or a authority is either in the
special power of attorney, form of a secretary’s
A pleading required to be should be attached to the certificate or a special
verified which contains a pleading, and shall allege the power of attorney (SPA)
based on “information and following attestations: attached to the pleading.
belief,” or upon “knowledge,
information and belief,” or ❑ Likewise, the
lacks a proper verification, authorization of the affiant
shall be treated as an should allege specific
unsigned pleading. attestations, such as:
(a) the allegations in the

pleading are true and
correct based on his
personal knowledge, or
based on authentic
(a) The allegations in the
documents;
pleading are true and correct
based on his personal
(b) the pleading is not filed
knowledge, or based on
to harass, cause
authentic documents;
unnecessary delay or
needlessly increase the
(b) The pleading is not filed to
cost of litigation; and
harass, cause unnecessary
delay, or needlessly increase
(c) the factual allegations
the cost of litigation; and
therein have evidentiary
support after a reasonable
opportunity for discovery
(c) The factual allegations
therein have evidentiary
support of, if specifically so
identified, will likewise have ❑ The third paragraph is a
evidentiary support after a new provision stressing
reasonable opportunity for that the signature of the
discovery affiant shall serve as a
“certification of the
truthfulness of the
The signature of the affiant
allegations in the
shall further serve as a
pleadings.”
certification of the truthfulness
of the allegations in the
pleading. ❑ Only a minor clerical
amendment was done in
the fourth paragraph.
A pleading required to be
verified that contains a
verification based on
“information and belief” or
upon “knowledge, information
and belief”, or lacks a proper

verification, shall be treated as
an unsigned pleading
Section 5. The plaintiff or principal party The plaintiff or principal party ❑ The amendment in the
Certification shall certify under oath in the shall certify under oath in the first paragraph of Sec. 1
against forum complaint or other initiatory complaint or other initiatory emphasizes that the
shopping. pleading asserting a claim for pleading asserting a claim for period for the plaintiff or
relief or in a sworn relief, or in a sworn certification principal party to report
certification annexed thereto annexed thereto and that there is a same or
and simultaneously filed simultaneously filed therewith: similar action or claim that
therewith: (a) that he (or she) has not has been filed or is
(a) that he has not theretofore commenced any pending is 5 calendar days
theretofore commenced any action or filed any claim (not working days) after
action or filed any claim involving the same issues in any learning the same
involving the same issues in court, tribunal or quasi-judicial
any court, tribunal or quasi- agency and, to the best of his ❑ Also, the other
judicial agency and, to the (or her) knowledge, no such amendments are
best of his knowledge, no other action or claim is pending supposed to be gender-
such other action or claim is therein; based.
pending therein; (b) if there is such other
(b) if there is such other pending action or claim, a
pending action or claim, a complete statement of the
complete statement of the present status thereof; and
present status thereof; and (c) if he (or she) should
(c) if he should thereafter thereafter learn that the same
learn that the same or similar or similar action or claim has
action or claim has been filed been filed or is pending, he (or
or is pending, he shall report she) shall report that fact within
that fact within five (5) days five (5) calendar days
therefrom to the court therefrom to the court wherein
wherein his aforesaid his (or her) aforesaid complaint
complaint or initiatory or initiatory pleading has been
pleading has been filed. filed.
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 attached to the ❑ The second paragraph
pleading. is a new provision which
requires that the
authorization of an affiant
to act on behalf of a party
(regarding the certification
against forum shopping)
must be either in a
secretary’s certificate or a
Failure to comply with the SPA attached to the
Failure to comply with the pleading.
foregoing requirements shall forgoing requirements shall not
not be curable by mere be curable by mere amendment
amendment of the complaint ❑ No amendment in the
of the complaint or other
or other initiatory pleading third paragraph, although
initiatory pleading but shall
but shall be cause for the it should be gender-based.
cause for the dismissal of the
dismissal of the case without case without prejudice, unless
prejudice, unless otherwise otherwise provided, upon
provided, upon motion and motion and after hearing. The
after hearing. The submission submission of a false
of a false certification or non- certification or non-compliance
compliance with any of the with any of the undertakings
undertakings therein shall therein shall constitute indirect
constitute indirect contempt contempt of court, without
of court, without prejudice to prejudice to the corresponding
the corresponding administrative and criminal
administrative and criminal actions. If the acts of the party
actions. If the acts of the party or his (or her) counsel clearly
or his counsel clearly constitute willful and deliberate

constitute willful and forum shopping, the same shall
deliberate forum shopping, be ground for summary
the same shall be ground for dismissal with prejudice and
summary dismissal with shall constitute direct
prejudice and shall constitute contempt, as well as a cause for
direct contempt, as well as a administrative sanctions.
cause for administrative
sanctions.
Section 6. NO ORIGINAL PROVISION Every pleading stating a party’s ❑ This is a new section
Contents claims or defenses shall in which requires that, aside
addition to those mandated by from stating the party’s
Section 2, Rule 7, state the claims or defenses, every
following: pleading must state the
following items:
(a) Names of witnesses who (a) the names of witnesses
will be presented to prove a who will be presented;
party’s claim or defense; (b) summary of the
witnesses’ intended
(b) Summary of the witnesses’ testimonies, with their
intended testimonies, provided judicial affidavits attached
that the judicial affidavits of to the pleading; and
said witnesses shall be (c) documentary and
attached to the pleading and object evidence in support
form an integral part thereof. of the allegations
Only witnesses whose judicial contained in the
affidavits are attached to the pleadings.
pleading shall be presented by
the parties during trial. Except ❑ In item (b), no other
if a party presents meritorious witness or affidavit shall
reasons as basis for the be heard or admitted,
admission of additional except for meritorious
witnesses, no other witness or reasons to serve as basis
affidavit shall be heard or for the admission of
admitted by the court; and, additional witnesses
(c) Documentary and object

evidence in support of the
allegations contained in the
pleading.
MANNER OF MAKING ALLEGATIONS (RULE 8)

Section 1. Every pleading shall contain in Every pleading shall contain in a ❑ The amendment in the
a methodical and logical form, methodical and logical form, a first paragraph of Sec. 1
a plain, concise and direct plain, concise and direct requires that every
statement of the ultimate facts statement of the ultimate facts, pleading shall contain,
on which the party pleading including the evidence on not only stating the
relies for his claim or defense, which the party pleading relies ultimate facts, but also
as the case may be, omitting for his claim or defense, as the the evidence relied upon
the statement of mere case may be, omitting the by the party for his/her
evidentiary facts. statement of mere evidentiary claim or defense
facts.
If a defense relied on is based ❑ The amendments
on law, the pertinent If a cause of action or defense herein added “a cause of
provisions thereof and their relied on is based on law, the action” which may be
applicability to him shall be pertinent provision thereof and based on law and clearly
clearly and concisely stated. their applicability to him or her and concisely stated,
shall be clearly and concisely aside from being gender-
stated. based.
NOTE: No amendment in Sec. 2 (Alternative causes of action or defenses), Sec. 3 (Conditions precedent), Sec. 4
(Capacity), Sec. 5 (Fraud, mistake, condition of the mind), Sec. 8 (How to contest such documents), Sec. 9
(Official document or act), and Sec. 10 (Specific denial)
SEC. 2. A party may set forth two or [No amendment]

Alternative more statements of a claim or
causes of defense alternatively or
action or hypothetically, either in one
defenses. cause of action or defense or in
separate causes of action or
defenses. When two or more
statements are made in the
alternative and one of them if
made independently would be
sufficient, the pleading is not
made insufficient by the
insufficiency of one or more of
the alternative statements.
Section. 3. In any pleading a general [No amendment]
Conditions averment of the performance
precedent. or occurrence of all condition
precedent shall be sufficient.
Section 4. Facts showing the capacity of a [No amendment]

Capacity. party to sue or be sued or the
authority of a party to sue or
be sued in a representative
capacity or the legal existence
of an organized association of
persons that is made a party,
must be averred. A party
desiring to raise an issue as to
the legal existence of any party
or the capacity of any party to
sue or be sued in a
representative capacity, shall
do so by specific denial, which
shall include such supporting
particulars as are peculiarly
within the pleader’s
knowledge.
Section 5. In all averments of fraud or [No amendment]

Fraud, mistake, the circumstances
mistake, constituting fraud or mistake
condition of must be stated with
the mind. particularity. Malice, intent,
knowledge or other condition
of the mind of a person may be
averred generally.
Section 6. In pleading a judgment or In pleading a judgment or ❑ The amendment in the

Judgment. decision of a domestic or decision of a domestic or second sentence of Sec. 6
foreign court, judicial or quasi- foreign court, judicial or quasi- requires an
judicial tribunal, or of a board judicial tribunal, or of a board or “authenticated copy” of
or officer, it is sufficient to aver officer, it is sufficient to aver the the judgment or decision
the judgment or decision judgment or decision without of a domestic or foreign
without setting forth matter setting forth matter showing court, judicial or quasi-
showing jurisdiction to render jurisdiction to render it. An judicial tribunal, or of a
it. authenticated copy of the board or officer, subject
judgment or decision shall be of a pleading.
attached to the pleading.
Section. 7. Whenever an action or defense Whenever an action or defense ❑ The amendment in

Action or is based upon a written is based upon a written Sec. 7 deleted the last
defense based instrument or document, the instrument or document, the sentence thereof that
on document. substance of such instrument substance of such instrument or recognized that the
or document shall be set forth document shall be set forth in “copy (of the written
in the pleading, and the the pleading, and the original or instrument or document
original or a copy thereof shall a copy thereof shall be attached relied on for an action or
be attached to the pleading as to the pleading as an exhibit, defense) may with like
an exhibit, which shall be which shall be deemed to be a effect set forth in the
deemed to be a part of the part of the pleading. pleading”
pleading, or said copy may with
like effect be set forth in the

pleading.
Section. 8. When an action or defense is [No amendment]

How to founded upon a written
contest such instrument, copied in or
documents. attached to the corresponding
pleading as provided in the
preceding section, the
genuineness and due execution
of the instrument shall be
deemed admitted unless the
adverse party, under oath,
specifically denies them, and
sets forth what he claims to be
the facts; but the requirement
of an oath does not apply
when the adverse party does
not appear to be a party to the
instrument or when
compliance with an order for
an inspection of the original
instrument is refused.
Section. 9. In pleading an official [No amendment]
Official document or official act, it is
document or sufficient to aver that the
act. document was issued or the
act done in compliance with
law.
Section. 10. A defendant must specify each [No amendment]

Specific material allegation of fact the
denial. truth of which he does not
admit and, whenever
practicable, shall set forth the
substance of the matters upon
which he relies to support his
denial. Where a defendant
desires to deny only a part of
an averment, he shall specify
so much of it as is true and
material and shall deny only
the remainder. Where
defendant is without
knowledge or information
sufficient to form a belief as to
the truth of a material
averment made in the
complaint, he shall so state,
and this shall have the effect of
a denial.
Section. 11. Material averment in the Material averments in a ❑ The amendment in

Allegations complaint, other than those as pleading asserting a claim or Sec. 11 involves changing
not to the amount of unliquidated claims, other than those as to the reference to a
specifically damages, shall be deemed the amount of unliquidated “complaint” into a
denied admitted when not specifically damages, shall be deemed “pleading asserting a
deemed denied. Allegations of usury in admitted when not specifically claim or claims”
admitted a complaint to recover denied. Allegations of usury in a
usurious interest are deemed complaint to recover usurious
admitted if not denied under interest are deemed admitted if
oath. not denied under oath.
Section. 12. NO ORIGINAL PROVISION (a) A defendant shall raise his ❑ This is a new section.
Affirmative (or her) affirmative defenses in
defenses his (or her) answer, which shall ❑ The amendment lists
be limited to the reasons set affirmative defenses that
forth under Section 5(b), Rule can be raised in an
6, and the following grounds: answer, such as:
1. That the court has no

jurisdiction over the person of (1) the court has no
the defending party; jurisdiction over the
person of the defending
party;
2. That the venue is improperly
laid; (2) the venue is
improperly laid;
3. That the plaintiff has no legal
capacity to sue; (3) the plaintiff has no
legal capacity to sue;
4. That the pleading asserting
the claim states no cause of (4) the pleading asserting
action; and the claim states no cause
of action; and
5. That a condition precedent
for filing the claim has not been
complied with.
(5) a condition precedent
for filing the claim has
not been complied with\
❑ The above affirmative

defenses are in addition
(b) Failure to raise the to those mentioned in
affirmative defenses at the Sec. 5(b), Rule 6
earliest opportunity shall
constitute a waiver thereof. ❑ The affirmative
defenses should be
raised at the earliest
opportunity, and failure
(c) The court shall motu to do so shall constitute a
proprio resolve the above waiver thereof.
affirmative defenses within
thirty (30) calendar days from ❑ The court, motu
the filing of the answer. proprio, should resolve
the affirmative defenses
within 30 calendar days
from the filing of the
answer, if said defenses
are based on the 5
grounds in Sec. 12(a),
Rule 8.
(d) As to the other affirmative
defenses under the first
❑ If the affirmative
paragraph of Section 5(b), Rule
defenses are based on
6, the court may conduct a
Sec. 5(b), Rule 6, (such as
summary hearing within fifteen
fraud, statute of
(15) calendar days from the
limitations, release,
filing of the answer. Such
payment, illegality,
affirmative defenses shall be
statute of frauds,
resolved by the court within
estoppel, former
thirty (30) calendar days from
recovery, discharge in
the termination of the
bankruptcy and another
summary hearing.
other by way of
confession and
avoidance), the court
may conduct a summary
hearing within 15
calendars from the filing
of the answer and the
same shall be resolved
within 30 calendar days
from the termination of
the summary hearing.
(e) Affirmative defenses, if
❑ Affirmative defenses,
denied, shall not be subject of
if denied, cannot be the
a motion for reconsideration or
subject of a motion for
petition for certiorari, reconsideration or a

prohibition or mandamus, but petition for certiorari,
may be among the matters to prohibition, mandamus,
be raised on appeal after a but may be raised on
judgment on the merits. appeal after judgment on
the merits.
Section. 13. Upon motion made by a party Upon motion made by a party ❑ The amendments in
Striking out of before responding to a before responding to a pleading Sec. 13 (which was re-
pleading or pleading or, if no responsive or, if no responsive pleading is numbered) emphasizes
matter pleading is permitted by these permitted by these Rules, upon that the period for a
contained Rules, upon motion made by a motion made by a party within party to, for one, move
therein party within twenty (20) days twenty (20) calendar days after to have a pleading or any
after the service of the the service of the pleading upon sham or false, redundant,
pleading upon him, or upon him or her, or upon the court’s immaterial, impertinent
the court’s own initiative at own initiative at any time, the or scandalous matter be
any time, the court may order court may order any pleading to stricken out should be 20
any pleading to be stricken out be stricken out or that any calendar days after
or that any sham or false, sham or false, redundant, service of a pleading
redundant, immaterial, immaterial, impertinent, or upon said party.
impertinent, or scandalous scandalous matter be stricken
matter be stricken out out therefrom. ❑ Also, the amendment
therefrom. is only gender-based.
EFFECT OF FAILURE TO PLEAD (RULE 9)

SECTION 1. Defenses and objections not [No amendment]
Defenses and pleaded either in a motion to
objections dismiss or in the answer are
not pleaded. deemed waived. However,
when it appears from the
pleadings or the evidence on
record that the court has no
jurisdiction over the subject
matter, that there is another
action pending between the
same parties for the same
cause, or that the action is
barred by a prior judgment or
by statute of limitations, the
court shall dismiss the claim.
SEC.2. A compulsory counterclaim or a [No amendment]

Compulsory cross-claim set up shall be
counterclaim, barred.
or cross-
claim, not set
up barred
SEC. 3. If the defending fails to answer [No amendment] ❑ No amendment in the

Default; within the time allowed first paragraph of Sec. 3,
declaration therefor, the court shall, upon (a) Effect of order of default. — as well as in the following
of. motion of the claiming party [No amendment] items: (a) Effect of order
with notice to the defending of default; (b) Relief from
party, and proof of such failure, (b) Relief from order of default. order of default; (c) Effect
declare the defending party in — [No amendment] of partial default; and, (d)
default. Thereupon, the court Extent of relief to be
shall proceed to render (c) Effect of partial default. — awarded.
judgment granting the claimant [No amendment] (d) Extent of
such relief as his pleading may relief to be awarded. — [No ❑ The amendment in
warrant, unless the court in its amendment] item (e) of Sec. 3
discretion requires the claimant identifies requires the
to submit evidence. Such Solicitor General or his or
(e) Where no defaults allowed.
reception of evidence may be her deputized public
— If the defending party in an
delegated to the clerk of court. prosecutor (not just the
action for annulment or
(1a, R18) prosecuting attorney) to
declaration of nullity of
investigate whether or
(a) Effect of order of default.— marriage or for legal separation not a collusion between
A party in default shall be fails to answer, the court shall the parties if the
entitled to notice of order the Solicitor General or his defending party in action
subsequent proceedings but or her deputized public for annulment or
not to take part in the trial. (2a, prosecutor, to investigate declaration of nullity of
R18) whether or not a collusion marriage or for legal
between the parties exists, and separation fails to
(b) Relief from order of default. if there is no collusion, to answer.
— A party declared in default intervene for the State in order
may at any time after notice to see to it that the evidence
thereof and before judgment submitted is not fabricated.
file a motion under oath to set
aside the order of default upon (e) Where no defaults allowed.
proper showing that his failure — If the defending party in an
to answer was due to fraud, action for annulment or
accident, mistake or excusable declaration of nullity of
negligence and that he has a marriage or for legal separation
meritorious defense. In such fails to answer, the court shall
case, the order of default may order the Solicitor General or
be set aside on such terms and his or her deputized public
conditions as the judge may prosecutor, to investigate
impose in the interest of whether or not a collusion
justice. (3a, R18) between the parties exists, and
if there is no collusion, to
(c) Effect of partial default. — intervene for the State in order
When a pleading asserting a to see to it that the evidence
claim states a common cause of submitted is not fabricated.
action against several
defending parties, some of
whom answer and the others
fail to do so, the court shall try
the case against all upon the
answers thus filed and render
judgment upon the evidence
presented. (4a, R18)
(d) Extent of relief to be

awarded.— A judgment
rendered against a party in
default shall not exceed the
amount or be different in kind
from that prayed for nor award
unliquidated damages. (5a,
R18)
(e) Where no defaults allowed.

— If the defending party in
action for annulment or
declaration of nullity of
marriage or for legal separation
fails to answer, the court shall
order the prosecuting attorney
to investigate whether or not a
collusion between the parties
exists if there is no collusion, to
intervene for the State in order
to see to it that the evidence
submitted is not fabricate.
NOTE: No amendment in Sec. 1 (Defenses and objections not pleaded) and Sec. 2 (Compulsory counterclaim, or
crossclaim, not set up barred
Amended and supplemental pleadings (Rule 10)

Section 1. Pleadings may be amended by [No amendment]

Amendments adding or striking out an
in general. allegation or the name of any
party, or by correcting a mistake
in the name of a party or a
mistaken or inadequate
allegation or description in any
other respect, so that the actual
merits of the controversy may
speedily be determined, without
regard to technicalities, and in
the most expeditious and
inexpensive manner.
Section 2. A party may amend his pleading A party may amend his ❑ The amendment in
Amendments once as a matter of right at any pleading once as a matter of Sec. 2 emphasizes that
as a matter of time before a responsive right at any time before a the period to amend a
right. pleading is served or, in the case responsive pleading is served pleading, aside from any
of a reply, at any time within ten or, in the case of a reply, at any time before a responsive
(10) days after it is served. time within ten (10) calendar pleading is filed, is 10
days after it is served. calendar days after a
reply is served.
Section 3. Except as provided in the next Except as provided in the next ❑ The amendment in
Amendments preceding section, substantial preceding section, substantial Sec. 3 added 2 more
by leave of amendments may be made only amendments may be made reasons when the court
court. upon leave of court. But such only upon leave of court. But may refuse amendments
leave may be refused if it such leave shall be refused if it by leave of court, such as
appears to the court that the appears to the court that the when the amendment is
motion was made with intent to motion was made with intent intended to confer
delay. Orders of the court upon to delay or confer jurisdiction jurisdiction to the court
the matters provided in this on the court, or the pleading or the pleading states no
section shall be made upon stated no cause of action from cause of action from the
motion filed in court, and after the beginning which could be beginning which could be
notice to the adverse party, and amended. Orders of the court amended.
an opportunity to be heard. upon the matters provided in
this section shall be made
upon motion filed in court, and
after notice to the adverse
party, and an opportunity to
be heard.
Section 4. A defect in the designation of the [No amendment]
Formal parties and other clearly clerical
amendments or typographical errors may be
. summarily corrected by the
court at any stage of the action,
at its initiative or on motion,
provided no prejudice is caused
thereby to the adverse party
Section 5. No When issues not raised by the When issues not raised by the ❑ The amendment in
amendment pleadings are tried with the pleadings are tried with the Sec. 5 includes deleting
necessary to express or implied consent the express or implied consent of all the sentences after
conform to parties, they shall be treated in the parties, they shall be the first sentence.
or authorize all respects as if they had been treated in all respects as if they Instead, a new sentence
presentation raised in the pleadings. Such had been raised in the is included which
of evidence. amendment of the pleadings as pleadings. No amendment of provides that no
may be necessary to cause them such pleadings deemed amendment of a pleading
to conform to the evidence and amended is necessary to cause deemed amended (when
to raise these issues may be them to conform to the issues not raised are tried
made upon motion of any party evidence with the consent of the
at any time, even after parties) is necessary to
judgment; but failure to amend make it conform to the
does not affect the result of the evidence.
trial of these issues. If evidence
is objected to at the trial on the
ground that it is not within the
issues made by the pleadings,
the court may allow the
pleadings to be amended and
shall do so with liberality if the
presentation of the merits of the

action and the ends of
substantial justice will be
subserved thereby. The court
may grant a continuance to
enable the amendment to be
made
Section 6. Upon motion of a party the court Upon motion of a party the ❑ The amendments in
Supplementa may, upon reasonable notice and court may, upon reasonable Sec. 6 is gender-based
l pleadings. upon such terms as are just, notice and upon such terms as and emphasizes that the
permit him to serve a are just, permit him or her to period for an adverse
supplemental pleading setting serve a supplemental pleading party to submit a
forth transactions, occurrences setting forth transactions, pleading to a
or events which have happened occurrences or events which supplemental pleading is
since the date of the pleading have happened since the date within 10 calendar days
sought to be supplemented. The of the pleading sought to be from notice of the order
adverse party may plead thereto supplemented. The adverse admitting the
within ten (10) days from notice party may plead thereto within supplemental pleading.
of the order admitting the ten (10) calendar days from
supplemental pleading. notice of the order admitting
the supplemental pleading.
Section 7. When any pleading is amended, [No amendment]
Filing of a new copy of the entire
amended pleading, incorporating the
pleadings amendments, which shall be
indicated by appropriate marks,
shall be filed.
Section 8. An amended pleading
An amended pleading ❑ The amendment in
Effect of supersedes the pleading that it
supersedes the pleading that it Sec. 8 is only replacing
amended amends. However, admissions in
amends. However, admissions the word “received” to
pleadings superseded pleadings may be
in superseded pleadings may “offered”, so that
received in evidence against the
be offered in evidence against admissions in superseded
pleader; and claims or defenses
the pleader, and claims or or amended pleadings
alleged therein not incorporated
defenses alleged therein not may be offered in
in the amended shall be deemed
incorporated in the amended evidence against the
waived. pleading shall be deemed pleader
waived.
NOTE: No amendment in Sec. 1 (Amendments in general), Sec. 4. (Formal amendments) and Sec. 7 (Filing of
amended pleadings)
When to file responsive pleadings (Rule 11)

Section 1. The defendant shall file his The defendant shall file his ❑ The amendment in
Answer to the answer to the complaint within answer to the complaint within Sec. 1 requires that the
complaint fifteen (15) days after service of thirty (30) calendar days after period to answer is now
summons, unless a different service of summons, unless a 30 calendar days (no
period is fixed by the court. different period is fixed by the longer 15 days) after
court service of summons
Section 2. Where the defendant is a Where the defendant is a ❑ The amendment in

Answer of a foreign private juridical entity foreign private juridical Sec. 2 requires that the
defendant and service of summons is entity and service of period to answer for a
foreign made on the government summons is made on the foreign private juridical
private official designated by law to entity is now 60 calendar
government official
juridical entity receive the same, the answer days (no longer 30 days)
shall be filed within thirty (30) designated by law to
after receipt of summons.
days after receipt of summons receive the same, the
by such entity. answer shall be filed within
sixty (60) calendar days
after receipt of summons by
such entity.
Section 3. Where the plaintiff files an Where the plaintiff files an ❑ The amendment in
Answer to amended complaint as a matter amended complaint as a Sec. 3, for one, requires
amended of right, the defendant shall matter of right, the defendant that the period to answer
complaint answer the same within fifteen shall answer the same within an amended complaint
(15) days after being served thirty (30) calendar days after (filed as a matter of right)
with a copy thereof. being served with a copy is now 30 calendar days
thereof. (not 15 days) after the
Where its filing is not a matter defendant is served a
of right, the defendant shall Where its filing is not a matter copy of the amended
answer the amended complaint of right, the defendant shall complaint.
within ten (10) days from notice answer the amended
of the order admitting the complaint within fifteen (15) ❑ Also, when the filing of
same. An answer earlier filed calendar days from notice of an amended complaint is
may serve as the answer to the the order admitting the same. not a matter of right, the
amended complaint if no new An answer earlier filed may answer thereto is within
answer is filed. serve as the answer to the 15 calendar days (not 10
amended complaint if no new days) after notice of the
answer is filed. order admitting the
amended complaint.
❑ No amendment in the
last paragraph of Sec. 3
NOTE: No amendment in Sec. 5 (Answer to third [fourth, etc.]-party complaint), Sec. 8 (Existing counterclaim or
crossclaim), Sec. 9 (Counterclaim or cross-claim arising after answer), and Sec. 10 (Omitted counterclaim or
crossclaim
Sec. 4. Answer A counterclaim or crossclaim A counterclaim or crossclaim ❑ The amendment in

to must be answered within ten must be answered within Sec. 4 requires that the
counterclaim (10) days from service. twenty (20) calendar days period to answer a
or cross claim from service. counterclaim or
crossclaim is 20 calendar
days.
Section 5. The time to answer a third [No amendment]

Answer to (fourth, etc) — party complaint
third (fourth, shall be governed by the same
etc.)-party rule as the answer to the
complaint. complaint.
Sec. 6. Reply A reply may be filed within ten A reply, if allowed under ❑ The amendment in
(10) days from service of the Section 10, Rule 6 hereof, may Sec. 6 requires that the
pleading responded to. be filed within fifteen (15) period to file a reply (if
calendar days from service of allowed under Sec. 10,
the pleading responded to Rule 6) is now 15
calendar days (not 10
days) from service of the
pleading to be responded
to
Sec. 7. Answer A supplemental complaint may A supplemental complaint may ❑ The amendment in
to be answered within ten (10) be answered within twenty Sec. 7 requires that the
supplemental days from notice of the order (20) calendar days from notice period to file an answer
complaint admitting the same, unless a of the order admitting the to a supplemental
different period is fixed by the same, unless a different period complaint is now 20
court. The answer to the is fixed by the court. The calendar days (no longer
complaint shall serve as the answer to the complaint shall 10 days) from notice of
answer to the supplemental serve as the answer to the the order admitting said
complaint if not new or supplemental complaint if not complaint
supplemental answer is filed. new or supplemental answer is
filed.
Section 8. A compulsory counterclaim or a [No amendment]

Existing cross-claim that a defending
counterclaim party has at the time he files his
or cross-claim answer shall be contained
therein.
Section 9. A counterclaim or a crossclaim [No amendment]

Counterclaim which either matured or was
or cross-claim acquired by a party after
arising after serving his pleading may, with
answer. the permission of the court, be
presented as a counterclaim or
a crossclaim by supplemental
pleading before judgment.
Section 10. When a pleader fails to set up a [No amendment]

Omitted counterclaim or a cross-claim
counterclaim through oversight,
or cross-claim inadvertence, or excusable
neglect, or when justice
requires, he may, by leave of
court, set up the counterclaim
or crossclaim by amendment
before judgment
Section 11. Upon motion and on such A defendant may, for ❑ The amendment in
Extension of terms as may be just, the court meritorious reasons, be Sec. 11 provides that, for
time to file an may extend the time to plead granted an additional period meritorious reasons, a
answer. provided in these Rules. of not more than thirty (30) defendant may have an
calendar days to file an additional period of not
The court may also, upon like answer. A defendant is only more than 30 calendar
terms, allow an answer or other allowed to file one (1) motion days to file an answer.
pleading to be filed after the for extension of time to file an Also, only one motion for
time fixed by these Rules. answer. extension of time is
allowed.
A motion for extension to file
any pleading, other than an ❑ A motion for extension
answer, is prohibited and to file any other pleading,
considered a mere scrap of other than an answer, is a
paper. The court, however, prohibited and a mere
may allow any other pleading scrap of paper. Any other
to be filed after the time fixed pleading may be allowed
by these Rules to be filed by the court
after the time fixed by the
Rules
Bill of Particulars (Rule 12)

Section 1. When Before responding to a Before responding to a ❑ The amendments in
applied for, pleading, a party may move pleading, a party may move for Sec. 1 are gender-based
purpose for a definite statement or a definite statement or for a bill and requires that, aside
for a bill of particulars of any of particulars of any matter, from before responding
matter, which is not averred which is not averred with to a pleading, the period
with sufficient definiteness or sufficient definiteness or to file a motion for bill of
particularity, to enable him particularity, to enable him or particulars is 10 calendar
properly to prepare his her properly to prepare his or days from the service of
responsive pleading. If the her responsive pleading. If the a reply.
pleading is a reply, the pleading is a reply, the motion
motion must be filed within must be filed within ten (10)
ten (10) days from service calendar days from service
thereof. Such motion shall thereof. Such motion shall
point out the defects point out the defects
complained of, the complained of, the paragraphs
paragraphs wherein they are wherein they are contained,
contained, and the details and the details desired.
desired.
Section 2. Action Upon the filing of the [No amendment]
by the court motion, the clerk of court
must immediately bring it to
the attention of the court
which may either deny or
grant it outright, or allow the
parties the opportunity to be
heard.
Sec. 3. If the motion is granted, If the motion is granted, either ❑ The amendment in
Compliance with either in whole or in part, the in whole or in part, the Sec. 3 requires that, once
order compliance therewith must compliance therewith must be the motion for bill of
be effected within ten (10) effected within ten (10) particulars is granted,
days from notice of the calendar days from notice of the compliance
order, unless a different the order, unless a different therewith must be within
period is fixed by the court. period is fixed by the court. The 10 calendar days from
The bill of particulars or a bill of particulars or a more notice of the order.
more definite statement definite statement ordered by
ordered by the court may be the court may be filed either in
filed either in a separate or in a separate or in an amended
an amended pleading, pleading, serving a copy thereof
serving a copy thereof on the on the adverse party.
adverse party.
Section 4. Effect If the order is not obeyed, or [No amendment]
of in case of insufficient
noncompliance. compliance therewith, the
court may order the striking
out of the pleading or the
portions thereof to which the
order was directed or make
such other order as it deems
just.
Sec. 5. Stay of After service of the bill of After service of the bill of ❑ The amendment in
period to file particulars or of a more particulars or of a more definite Sec. 5 requires that after
responsive definite pleading, or after pleading, or after notice of a bill of particulars or a
pleading notice of denial of his denial of his motion, the more definite pleading is
motion, the moving party moving party may file his filed, or after notice of
may file his responsive responsive pleading within the denial of the motion for
pleading within the period to period to which he was entitled such, the moving party
which he was entitled at the at the time of filing his motion, file his responsive
time of filing his motion, which shall not be less than five pleading within the
which shall not be less than (5) calendar days in any event. period to which he is
five (5) days in any event. entitled to, but not less
than 5 calendar days in
any event
Section 6. Bill A bill of particulars becomes [No amendment]

apart of part of the pleading for
pleading. which it is intended.
NOTE: No amendment in Sec. 2 (Action by the court.), Sec. 4 (Effect of non-compliance) and Sec. 6 (Bill a part of
pleading)
8. Efficient use of paper rule; e-filing
F. Filing and service of pleadings, judgments, final orders, and resolutions
1. Rules on payment of docket fees; effect of non-payment
2. Rule 13

Section 1. This Rule shall govern the filing This Rule shall govern the filing ❑ The amendment in
Coverage of all pleadings and other of all pleadings, motions and Sec. 1 provided that Rule
papers, as well as the service other court submissions and 13 shall govern the filing,
thereof, except those for which other papers, as well as the not only of pleadings, but
a different mode of service is service thereof, except those also of “motions and
prescribed. for which a different mode of other court submissions”
service is prescribed.
Sec. 2. Filing Filing is the act of presenting Filing is the act of submitting ❑ The amendment in
and service, the pleading or other paper to the pleading or other paper to Sec. 2 involves, for one, a
defined the clerk of court. the court. Service is the act of change in the definition
providing a party with a copy of what “filing” means,
Service is the act of providing a of the pleading or any other which is to submit a
party with a copy of the court submission. If a party pleading or paper to the
pleading or paper concerned. If has appeared by counsel, court (no longer to the
any party has appeared by service upon such party shall clerk of court). Also,
counsel, service upon him shall be made upon his or her service of a pleading or
be made upon his counsel or counsel or one of them, unless any other court
one of them, unless service service upon the party and the submission may be
upon the party himself is party’s counsel is ordered by ordered to a party or
ordered by the court. Where the court. Where one counsel his/her counsel
one counsel appears for several appears for several parties,
parties, he shall only be entitled such counsel shall only be ❑ A counsel representing
to one copy of any paper served entitled to one copy of any several parties is entitled
upon him by the opposite side. paper served upon him by the to only one copy of any
opposite side. paper served by the
opposite side ❑ As a new
Where several counsels provision, the designated
appear for one party, such lead counsel for several
party shall be entitled to only counsels appearing for
one copy of any pleading or one party is entitled to a
paper to be served upon the copy of any pleading or
lead counsel if one is paper from the opposite
designated, or upon any one side. If there is no
of them if there is no designated lead counsel,
designation of a lead counsel. service of one copy to any
counsel will suffice
Sec. 3. The filing of pleadings, The filing of pleadings and ❑ The amendment in
Manner of appearances, motions, notices, other submissions shall be Sec. 3 involves lumping all
filing orders, judgments and all other made by: “appearances, motions,
papers shall be made by notices, orders,
presenting the original copies (a) Submitting personally the judgments and all other
thereof, plainly indicated as original thereof, plainly papers” as “other
such, personally to the clerk of indicated as such, to the submissions”.
court or by sending them by court;
registered mail. In the first case, ❑ In item (a), the
the clerk of court shall endorse (b) Sending them by registered submissions are no longer
on the pleading the date and mail; specifically submitted to
hour of filing. In the second the clerk of court, but to
case, the date of the mailing of (c) Sending them by the court itself
motions, pleadings, or any accredited courier; or
other papers or payments or
deposits, as shown by the post (d) Transmitting them by ❑ In items (c) and (d),
office stamp on the envelope or electronic mail or other sending the submissions
the registry receipt, shall be electronic means as may be by accredited courier or
considered as the date of their authorized by the Court in transmitting them via
filing, payment or deposit in places where the court is email or electronic means
court. The envelope shall be electronically equipped are new modes of filing
attached to the record of the
case. pleadings, aside from via
In the first case, the clerk of registered mail
court shall endorse on the
pleading the date and hour of
❑ There is no
filing. In the second and third
amendment on the work
cases, the date of the mailing
of the clerk of court
of motions, pleadings, or any
regarding the first kind of
other papers or payments or
filing (submitted to the
deposits, as shown by the post
court).
office stamp on the envelope
or the registry receipt, shall be
considered as the date of their ❑ The second and third
filing, payment or deposit in kinds of filing (registered
court. The envelope shall be mail or courier) are
attached to the record of the recorded based on the
case. In the fourth case, the date of mailing.
date of electronic
transmission shall be ❑ The fourth kind of
considered as the date of filing (via email) is a new
filing. provision and the date of
transmission is the date
of filing
Section 4. Every judgment, resolution, [No amendment]

Papers order, pleading subsequent to
required to be the complaint, written motion,

filed and notice, appearance, demand,
served. offer of judgment or similar
papers shall be filed with the
court, and served upon the
parties affected
Section 5. Service of pleadings, motions, Pleadings, motions, notices, ❑ The amendment in

Modes of notices, orders, judgments and orders, judgments, and other Sec. 5 provides that the
Service other papers shall be made court submissions shall be service of pleadings,
either personally or by mail. served personally or by motions, notices, order,
registered mail, accredited judgments and other
courier, electronic mail(,) court submissions may be
facsimile transmission, other done, not only personally,
electronic means as may be but also either by
authorized by the Court, or as registered mail,
provided for in international accredited courier, email,
conventions to which the facsimile transmission, or
Philippines is a party other electronic means
(authorized by the court
or provided for in
international
conventions)
Section 6. Service of the papers may be Court submissions may be ❑ The amendment in
Personal made by delivering personally a served by personal delivery of Sec. 6 provides that, aside
Service copy to the party or his counsel, a copy to the party or to the from personal delivery of
or by leaving by leaving it in his party’s counsel, or to their court submissions to the
office with his clerk or with a authorized representative party or to the party’s
person having charge thereof. If named in the appropriate counsel, this may also be
no person is found in his office, pleading or motion, or by done to the authorized
or his office is not known, or he leaving by leaving it in his or representative of a party
has no office, then by leaving her office with his or her clerk named in the appropriate
the copy, between the hours of or with a person having charge pleading or motion, Also,
eight in the morning and six in thereof. If no person is found the some of amendments
the evening, at the party’s or in his or her office, or his or are just genderbased.
counsel’s residence if known, her office is not known, or he
with a person of sufficient age or she has no office, then by
and discretion then residing leaving the copy, between the
therein. 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
then residing therein
Section 7. Service by registered mail shall Service by registered mail shall ❑ The amendments in
Service by be made by depositing the copy be made by depositing the Sec. 7 are mostly about
mail. in the post office, in a sealed copy in the post office, in a specific reference to the
envelope, plainly addressed to sealed envelope, plainly party’s counsel, gender
the party or his counsel at his addressed to the party or to based and to emphasize
office, if known, otherwise at the party’s counsel at his or that the period provided
his residence, if known, with her office, if known, otherwise in the instruction to the
postage fully prepaid, and with at his or her residence, if postmaster to return the
instructions to the postmaster known, with postage fully pre- mail to the sender is 10
to return the mail to the sender paid, and with instructions to calendar days.
after ten (10) days if the postmaster to return the
undelivered. If no registry mail to the sender after ten
service is available in the (10) calendar days if
locality of either the sender or undelivered. If no registry
the addressee, service may be service is available in the
done by ordinary mail locality of either the sender or
the addressee, service may be
done by ordinary mail
Section 8. If service of pleadings, motions, [No amendment]

Substituted notices, resolutions, orders and
service other papers cannot be made
under the two preceding
sections, the office and place of

residence of the party or his
counsel being unknown, service
may be made by delivering the
copy to the clerk of court, with
proof of failure of both personal
service and service by mail. The
service is complete at the time
of such delivery.
Section 9. NO ORIGINAL PROVISION Service by electronic means ❑ This is a new provision.
Service by and facsimile shall be made if It provides for service by
electronic the party concerned consents electronic means or
means and to such modes of service. facsimile if the parties
facsimile. consent thereto.
Service by electronic means ❑ Service by electronic
shall be made by sending an e- means is made by
mail to the party’s or sending an email to the
counsel’s electronic mail party’s or counsel’s email
address, or through other address, or through other
electronic means of electronic means of
transmission as the parties transmission agreed upon
may agree on, or upon by the parties or upon
direction of the court. direction of the court
❑ This is new provision
Service by facsimile shall be allows service by
made by sending a facsimile facsimile by sending a
copy to the party’s or facsimile copy to the
counsel’s given facsimile facsimile number of the
number. party or counsel
Section 10. NO ORIGINAL PROVISION There shall be presumptive ❑ This is a new section
Presumptive notice to a party of a court that provides that there is
service. setting if such notice appears “presumptive notice” to a
on the records to have been party of a court setting if
mailed at least twenty (20) the notice appears on
calendar days prior to the record to have been
scheduled date of hearing and mailed at least 20
if the addressee is from within calendar days prior to the
the judicial region, or at least scheduled hearing (if
thirty (30) calendar days if the addressee is from within
addressee is from outside the the judicial region) or at
judicial region. least 30 calendar days (if
addressee is from outside
the judicial region) prior
to the scheduled date of
hearing
Section 11. NO ORIGINAL PROVISION A party who changes his or ❑ This is a new section. It
Change of her electronic mail address or requires a party to notify
electronic facsimile number while the a change in his or her
mail address action is pending must email address or facsimile
or facsimile promptly file, within five (5) number within 5 calendar
number calendar days from such days from such change
change, a notice of change of and serve the notice on
e-mail address or facsimile all other parties.
number with the court and
serve the notice on all other ❑ Service through email
parties. Service through the address or facsimile
electronic mail address or number on record is
facsimile number of a party valid, unless there is a
shall be presumed valid unless change therein.
such party notifies the court
of any change, as
aforementioned.
Section 12. NO ORIGINAL PROVISION The subject of the electronic ❑ This is a new provision.
Electronic mail and facsimile must follow It requires that the
mail and the prescribed format: case subject of the email or
facsimile number, case title and the facsimile must be in a
subject and pleading, order or document prescribed format.
title of title. The title of each
pleadings and electronically-filed or served
other pleading or other document, ❑ Also, an

documents. and each submission served electronicallyfiled or
by facsimile shall contain served
sufficient information to pleading/document or
enable the court to ascertain each submission served
from the title: (a) the party or by facsimile should
parties filing or serving the contain sufficient
paper, (b) nature of the paper, information for the court
(c) the party or parties against to ascertain: (a) the party
whom relief, if any, is sought, or parties filing or serving
and (d) the nature of the relief the paper, (b) the nature
sought. thereof, (c) the party or
parties against whom the
relief is sought and (d)
the nature of the relief
sought
Section 13. Judgments, final orders or Judgments, final orders or ❑ This used to be Sec. 9.
Service of resolutions shall be served resolutions shall be served ❑ The amendment in
Judgments, either personally or by either personally or by Sec. 13 provides that,
Final Orders registered mail. When a party registered mail. Upon ex-parte aside from personal
or Resolutions summoned by publication has motion of any party in the service or by registered
failed to appear in the action, case, a copy of the judgment, mail, judgments, final
judgments, final orders or final order, or resolution may orders or resolutions may
resolutions against him shall be be delivered by accredited be delivered, upon ex-
served upon him also by courier at the expense of such parte motion of any
publication at the expense of party. When a party party, by accredited
the prevailing party. summoned by publication has courier at the expenses of
failed to appear in the action, such party. Also, the
judgments, final orders or other amendments are
resolutions against him or her just gender-based.
shall be served upon him or
her also by publication at the
expense of the prevailing
party.
Section 14. NO ORIGINAL PROVISION Notwithstanding the ❑ This is a new section. It

Conventional foregoing, the following provides that personal or
service or orders, pleadings and other registered mail is allowed
filing of documents must be served or on certain pleadings or
orders, filed personally or by documents, such as (a)
pleadings and registered mail when allowed, initiatory and initial
other and shall not be served or responsive pleadings, (b)
documents. filed electronically, unless subpoenas protection
express permission is granted orders and writs, (c)
by the Court. (a) Initiatory appendices and exhibits
pleadings and initial to motions, or other
responsive pleadings, such as documents that cannot
an answer; (b) Subpoenas(,) be electronically scanned,
protection orders and writs; and (d) sealed and
(c) Appendices and exhibits to confidential documents
motions, or other documents or records, unless express
that are not readily amenable permission is granted by
to electronic scanning may, at the court that these be
the option of the party filing served or filed
such, be filed and served electronically
conventionally; and (d) Sealed
and confidential documents or
records.
Section 15. Personal service is complete Personal service is complete ❑ This used to be Sec. 10.
Completeness upon actual delivery. Service by upon actual delivery. Service
of service. ordinary mail is complete upon by ordinary mail is complete ❑ The amendments,
the expiration of ten (10) days upon the expiration of ten (10) aside from just being
after mailing, unless the court calendar days after mailing, genderbased, include
otherwise provides. Service by unless the court otherwise emphasizing that service
registered mail is complete provides. Service by registered by ordinary mail is
upon actual receipt by the mail is complete upon actual complete upon the
addressee, or after five (5) days receipt by the addressee, or expiration of 10 calendar
from the date he received the after five (5) calendar days days after mailing
first notice of the postmaster, from the date he or she
whichever date is earlier. received the first notice of the

addressee, or after five (5) days postmaster, whichever date is ❑ Also, service by
from the date he received the earlier. Service by accredited registered mail is
first notice of the postmaster, courier is complete upon completeupon actual
whichever date is earlier. actual receipt by the receipt by the addressee,
addressee, or after at least or after 5 calendar days
two (2) attempts to deliver by from the date he/she
the courier service, or upon received the postmaster’s
the expiration of five (5) first notice
calendar days after the first
attempt to deliver, whichever
❑ The last sentence in
is earlier.
Sec. 15 is a new
Electronic service is complete
service by accredited
at the time of the electronic
courier is complete upon
transmission of the document,
actual receipt by the
or when available, at the time
addressee, or after at
that the electronic notification
least 2 attempts to
of service of the document
deliver by courier service,
sent. Electronic service is not
or after 5 calendar days
effective or complete if the
after the first attempt to
party serving the document
deliver, whichever is
learns that it did not reach the
earlier
addressee or person to be
served.
❑ The second paragraph
of Sec. 15 is a new
Service by facsimile
transmission is complete upon
electronic service is
receipt by the other party, as
complete at the time of
indicated in the facsimile
the electronic
transmission printout.
transmission of the
document or, when
available, that the
electronic notification of
service of the document
sent. In addition, there is
no effective or complete
electronic service if the
party serving the
document learns that the
transmission did not
reach the addressee.
❑ The third paragraph of

Sec. 15 is also a new
service by facsimile
transmission is complete
upon receipt by the other
party, as indicated in the
facsimile transmission
printout.
Section 16. The filing of a pleading or paper The filing of a pleading or any ❑ This used to be Sec. 12.
Proof of filing shall be proved by its existence other court submission shall
in the record of the case. If it is be proved by its existence in ❑ The amendment
not in the record, but is claimed the record of the case. includes, among others,
to have been filed personally, replacing “paper” with
the filing shall be proved by the (a) If the pleading or any other “any other court
written or stamped court submission is not in the submission” the filing of
acknowledgment of its filing by record, but is claimed to have which shall be proved by
the clerk of court on a copy of been filed personally, the filing its existence in the record
the same; if filed by registered shall be proved by the written of the case
mail, by the registry receipt and or stamped acknowledgment
by the affidavit of the person of its filing by the clerk of court
who did the mailing, containing ❑ Item (a) pertains to
on a copy of the pleading or
a full statement of the date and pleading or any other
submission(.)
place of depositing the mail in court submission, if not in
the post office in a sealed the record, the filing of
(b) If the pleading or any other
envelope addressed to the court submission was filed by which may be proved by
court, with postage fully registered mail, the filing shall the written or stamped
prepaid, and with instructions be proven by the registry acknowledged of its filing
to the postmaster to return the receipt and by the affidavit of by the clerk of court on a
mail to the sender after ten (10) the person who mailed it, copy of the pleading
days if not delivered. containing a full statement of submitted
the date and place of
depositing the mail in the post ❑ Item (b) refers to a
office in a sealed envelope pleading or any other
addressed to the court, with court submission filed by
postage fully prepaid, and with registered mail, the filing
instructions to the postmaster of which is proven by the
to return the mail to the registry receipt and
sender afterten (10) calendar affidavit of the person
days if not delivered. who mailed it (containing
full statement of date and
(c) If the pleading or any other place of depositing the
court submission was filed mail, with postage fully
through an accredited courier prepaid, and with
service, the filing shall be instructions to the
proven by an affidavit of postmaster to return the
service of the person who mail to the senderafter 10
brought the pleading or other calendar days if not
document to the service delivered
provider, together with the
courier’s official receipt and
❑ Item (c) pertains to a
document tracking number
pleading or any other
court submission filed
(d) If the pleading or any other through an accredited
court submission was filed by courier, the filing of
electronic mail, the same shall which is proven by an
be proven by an affidavit of affidavit of service of the
electronic filing of the filing person who brought the
party accompanied by a paper pleading or other
copy of the pleading or other document to the service
document transmitted or a provider, together with
written or stamped the courier’s official
acknowledgment of its filing receipt and document
by the clerk of court. If the tracking number
paper copy sent by electronic
mail was filed by registered
mail, paragraph (b) of this ❑ Item (d) refers to a
Section applies. pleading or any other
court submission filed by
electronic mail, the filing
(e) If the pleading or any other
of which is proven by an
court submission was filed
affidavit of electronic
through other authorized
filing of the filing party,
electronic means, the same
with a (i) paper copy of
shall be proven by an affidavit
the pleading or other
of electronic filing of the filing
document transmitted or
party accompanied by a copy
(ii) written or stamped
of the electronic
acknowledgment of its
acknowledgment of its filing
filing by the clerk of court
by the court.
If the paper copy sent by
electronic mail was filed
by registered mail,
paragraph or item (b)
herein applies
❑ Item (e) pertains to a

pleading or any other
court submission filed
through other authorized
electronic means, the
filing of which is proven
by an affidavit of
electronic filing of the
filing party accompanied
by a copy of the
electronic
acknowledgment of its
filing by the court
Section 17. Proof of personal service shall Proof of personal service shall ❑ This used to be Sec. 13.
Proof of consist of a written admission consist of a written admission
service. of the party served, or the of the party served, or the ❑ Item (a) is just a
official return of the server, or official return of the server, or repetition on how service
the affidavit of the party the affidavit of the party by ordinary mail is proven
serving, containing a full serving, containing a full as provided in the old
statement of the date, place statement of the date, place Sec. 13
and manner of service. If the and manner of service. If the
service is by ordinary mail, service is by:
❑ Item (b) is also a
proof thereof shall consist of an
repetition on how service
affidavit of the person mailing (a) Ordinary mail. – Proof shall
by registered mail is
of facts showing compliance consist of an affidavit of the
proven as provided in the
with section 7 of this Rule. If person mailing stating the facts
old Sec. 13, with
service is made by registered showing compliance with
reference to the required
mail, proof shall be made by Section 7 (Service by mail) of
affidavit of the person
such affidavit and the registry this Rule.
mailing
receipt issued by the mailing
office. The registry return card (b) Registered mail. – Proof
shall be filed immediately upon shall be made by the affidavit ❑ Item (c) is a new
its receipt by the sender, or in mentioned above and the provision. This provides
lieu thereof, the unclaimed registry receipt issued by the how service by accredited
letter together with the mailing office. The registry courier service is proven,
certified or sworn copy of the return card shall be filed which is by an affidavit of
notice given by the postmaster immediately upon its receipt service executed by the
to the addressee. by the sender, or in lieu person who brought the
thereof, the unclaimed letter pleading or paper to the
together with the certified or service provided,
sworn copy of the notice given together with the
by the postmaster to the courier’s official receipt
addressee. or document tracking
number
(c) Accredited courier service.
– Proof shall be made by an ❑ Item (d) is a new
affidavit of service executed provision. This refers to
by the person who brought how electronic mail,
the pleading or paper to the facsimile or other
service provider, together authorized electronic
with the courier’s official means of transmission is
receipt or document tracking proven, which is by an
number. affidavit of service
executed by the person
(d) Electronic mail, facsimile, who sent the email,
or other authorized electronic facsimile or other
means of transmission. – electronic transmission,
Proof shall be made by an together with a printed
affidavit of service executed proof of transmittal
by the person who sent the e-
mail, facsimile, or other
electronic transmission,
together with a printed proof
of transmittal.
Section 18. NO ORIGNAL PROVISION The court may electronically ❑ This is a new section.
Court-issued serve orders and other
orders and documents to all the parties in ❑ It allows the court to
other the case which shall have the electronically serve
documents same effect and validity as orders and other
provided herein. A paper copy documents to all the
of the order or other parties in the case
document electronically
served shall be retained and
❑ Also, a paper copy of
attached to the record of the
the order or other
case.
document electronically
served shall be retained
and attached to the
record of the case.
Section 19. In an action affecting the title or

Notice of lis the right of possession of real
pendens. property, the plaintiff and the
defendant, when affirmative
relief is claimed in his answer,
may record in the office of the
registry of deeds of the
province in which the property
is situated a notice of the
pendency of the action. Said
notice shall contain the names
of the parties and the object of
the action or defense, and a
description of the property in
that province affected thereby.
Only from the time of filing such
notice for record shall a
purchaser, or encumbrancer of
the property affected thereby,
be deemed to have constructive
notice of the pendency of the
action, and only of its pendency
against the parties designated
by their real names.
The notice of lis pendens

hereinabove mentioned may be
cancelled only upon order of
the court, after proper showing
that the notice is for the
purpose of molesting the
adverse party, or that it is not
necessary to protect the rights
of the party who caused it to be
recorded.
NOTE1: No amendment in Sec. 4 (Papers required to be filed and served) and Sec. 8 (Substituted service)
NOTE2: No amendment in Sec. 19 (Notice of lis pendens) except the re-numbering thereof (used to be Sec. 14)
NOTE: The old Sec. 11 (Priorities in modes of service and filing) was DELETED
RULE 14 SUMMONS
SECTION ORIGINAL PROVISION AMENDED PROVISION REMARKS
Sec. 1. Clerk to Upon the filing of the Unless the complaint is on its ❑ The amendment in Sec.
issue summons complaint and the payment face dismissible under Section 1 involves, among others,
of the requisite legal fees, 1, Rule 9 (Defenses and giving the court the
the clerk of court shall objections not pleaded), the discretion to dismiss the
forthwith issue the court shall, within five (5) case if, based on the
corresponding summons to calendar days from receipt of pleading or evidence on
the defendants. the initiatory pleading and record, (i) the court has no
proof of payment of the jurisdiction over the
requisite legal fees, direct the subject matter, or (ii)
clerk of court to issue the there is pendentia litia, or
corresponding summons to the (iii) the action is barred
defendant. by a prior judgment (res
judicata) or by the statute
of limitations (Sec. 1,
Rule 9)
❑ Otherwise, the court
has to direct the clerk of
court to issue the
summons to the defendant
5 calendar days from
receipt of the initiatory
pleading and proof of
payment of legal fees
Sec. 2. Contents The summons shall be The summons shall be directed ❑ The amendment in Sec.
directed to the defendant, to the defendant, signed by the 1 involves, among others,
signed by the clerk of court clerk of court under seal, and giving the court the
under seal, and contain: (a) contain: (a) The name of the discretion to dismiss the
the name of the court and the court and the names of the case if, based on the
names of the parties to the parties to the action; pleading or evidence on
action; (b) a direction that (b) When authorized by the record, (i) the court has no
the defendant answer within court upon ex parte motion, an jurisdiction over the
the time fixed by these authorization for the plaintiff subject matter, or (ii)
Rules; (c) a notice that to serve summons to the there is pendentia litia, or
unless the defendant so defendant; (iii) the action is barred
answers, plaintiff take (c) A direction that the defendant by a prior judgment (res
judgment by default and answer within the time fixed by judicata) or by the statute
may be granted the relief these Rules; and (d) A notice of limitations (Sec. 1,
applied for. that unless the defendant so Rule 9) ❑ Otherwise, the
answers, plaintiff take judgment court has to direct the
A copy of the complaint and by default and may be granted clerk of court to issue the
order for appointment of the relief applied for. summons to the defendant
guardian ad litem, if any, 5 calendar days from
shall be attached to the A copy of the complaint and receipt of the initiatory
original and each copy of the order for appointment of pleading and proof of
summons. guardian ad litem, if any, shall be payment of legal fees
attached to the original and each
copy of the summons.
Sec. 3. By The summons ma be served The summons must be served by ❑ The amendment in the
whom served by the sheriff, his deputy or the sheriff, his deputy or other 1 st par. of Sec. 1 allows
other proper court officer, or proper court officer, and in case the plaintiff to serve the
for justifiable reasons by any of failure of service of summons together with
suitable person authorized summons by them, the court the sheriff, upon being
by the court issuing the may authorize the plaintiff to authorized by the court, in
summons. serve the summons together case of failure of the
with the sheriff. sheriff, his deputy or
other proper court officer
to do so
In cases where summons is to ❑ The 2 nd par. is a new

be served outside the judicial provision that authorizes
region of the court where the the plaintiff to serve the
case is pending, the plaintiff summons when it is to be
shall be authorized to cause the served outside the judicial
service of summons. region of the court.
If the plaintiff is a juridical ❑ The 3rd par. is a new

entity, it shall notify the court provision. When a
in writing, and name its
plaintiff is a juridical
authorized representative entity it shall notify the
therein, attaching a board
court in writing (attaching
resolution or secretary’s a board resolution or
certificate thereto, as the case
secretary’s certificate) of
may be, stating that such the name of its
representative is duly
representative who is
authorized to serve the authorized to serve the
summons on behalf of the
summons on its behalf.
plaintiff.
If the plaintiff misrepresents ❑ The 4 th par. is a new

that the defendant was served provision. A
summons, and it is later proved misrepresentation by the
that no summons was served, plaintiff that the summons
the case shall be dismissed with was served, but proven
prejudice, the proceedings not so, shall result in the
shall be nullified, and the dismissal of the case, with
plaintiff shall be meted prejudice, with the
appropriate sanctions. proceedings nullified and
the plaintiff subject to
sanctions.
If summons is returned ❑ The 5 th par. is a new

without being served on any or provision. If summons is
all of the defendants, the court not served on any or all of
shall order the plaintiff to the defendants, the
cause the service of summons plaintiff may be ordered
by other means available under to cause the service of

the Rules. summons by other means.
❑ The 6 th par. is a new

Failure to comply with the provision. Failure of the
order shall cause the dismissal plaintiff to comply with
of the initiatory pleading the order to serve the
without prejudice summons shall cause the
dismissal of the initiatory
pleading without
prejudice
Sec. 4. Validity If a summons is returned Summons shall remain valid ❑ This used to be Sec. 5
of summons and without being served on any until duly served, unless it is (Issuance of alias
issuance of alias or all of the defendants, the recalled by the court. In case of summons).
summons server shall also serve a loss or destruction of ❑ The amendment in Sec.
copy of the return on the summons, the court may, upon 4 includes the validity of
plaintiff’s counsel, stating motion, issue an alias summons until duly
the reasons for the failure of summons. served, unless recalled by
service, within five (5) days the court.. Also, it is the
therefrom. In such a case, or There is failure of service after court (not the clerk of
if the summons has been unsuccessful attempts to court) who will issue an
lost, the clerk, on demand of personally serve the summons alias summons.
the plaintiff, may issue an on the defendant in his address ❑ Failure of service is
alias summons indicated in the complaint. when there are
Substituted service should be unsuccessful attempts to
in the manner provided under serve the summons at the
Section 6 of this Rule. defendant’s address
indicated in the
complaint. Also,
substituted service of
summons should be
pursuant to Sec. 6, Rule
14 (Substituted service).
Sec. 5. Service Whenever practicable, the Whenever practicable, the ❑ This used to be Sec. 6.
in person on summons shall be served by summons shall be served by ❑ The amendment
defendant handing a copy thereof to handing a copy thereof to the requires that the
the defendant in person, or, defendant in person and summons, when served
if he refuses to receive and informing the defendant that personally, should also
sign for it, by tendering it to he or she is being served, or, if inform defendant that “he
him. he or she refuses to receive and or she is being served”.
sign, by leaving the summons Also, when the defendant
within the view and in the refuses to receive and
presence of the defendant. sign, the summons should
be left within the view
and in the presence of the
defendant.
Sec. 6. If, for justifiable causes, the If, for justifiable causes, the ❑ This used to be Sec. 7.
Substituted defendant cannot be served defendant cannot be served The amendment allows
service within a reasonable time as personally after at least three substituted service if
provided in the preceding (3) attempts on two (2) personal service after at
section, service may be separate dates, service may be least 3 attempts on 2
effected (a) by leaving effected; separate dates of personal
copies of the summons at the service.
defendant’s residence with ❑ In item (a), when
some person of suitable age (a) By leaving copies of the leaving a copy of the
and discretion then residing summons at the defendant’s summons at defendant’s
therein, or (b) by leaving the residence to a person at least residence it should be to a
copies at defendant’s office eighteen (18) years of age and person at least 18 years of
or regular place of business of sufficient discretion residing age and of sufficient
with some competent person therein; discretion residing in
in charge thereof. defendant’s residence.
❑ In item (b), when

(b) By leaving the copies of the leaving a copies of the
summons at defendant’s office summons at defendant’s
or regular place of business office or regular place of
with some competent person in business it should be to a
charge thereof. A competent competent person, which
person includes, but not includes “one who
limited to, one who customarily customarily receives
receives correspondences for correspondence for the

the defendant; defendant”.
❑ Item (c) is a new

(c) By leaving copies of the provision. If refused
summons, if refused entry entry, a new mode of
upon making his or her substituted service is
authority and purpose known, leaving a copy of the
with any of the officers of the summons with any of the
homeowners’ association or officers of the
condominium corporation, or homeowners’ association
its chief security officer in or condominium
charge of the community or the corporation, or its chief
building where the defendant security officer in charge
may be found; and of the community or
building where the
(d) By sending an electronic defendant may be found.
mail to the defendant’s ❑ Item (d) is a new
electronic mail address, if provision. Substituted
allowed by the court. service may be done by
sending an electronic mail
to defendant’s email
address, if allowed by the
court.
Sec. 7. Service When persons associated in When persons associated in an ❑ This used to be Sec. 8.
upon entity an entity without juridical entity without juridical The amendment only is
without juridical personality are sued under personality are sued under the changing the word
personality the name by which they are name by which they are “brought” to “filed.
generally or commonly generally or commonly known,
known, service may be service may be effected upon all
effected upon all the the defendants by serving upon
defendants by serving upon any one of them, or upon the
any one of them, or upon the person in charge of the office or
person in charge of the place of business maintained in
office or place of business such name. But such service
maintained in such name. shall not bind individually any
But such service shall not person whose connection with
bind individually any person the entity has, upon due notice,
whose connection with the been severed before the action
entity has, upon due notice, was filed.
been severed before the
action was brought.
Sec. 8. Service When the defendant is a When the defendant is a prisoner ❑ This used to be Sec. 9.
upon prisoners prisoner confined in a jail or confined in a jail or institution, The amendment, for one,
institution, service shall be service shall be effected upon is just gender-based.
effected upon him by the him or her by the officer having ❑ Also, it requires the jail
officer having the the management of such jail or warden to file a return
management of such jail or institution who is deemed within 5 calendar days
institution who is deemed deputized as a special sheriff for from service of summons
deputized as a special sheriff said purpose. The jail warden to the defendant.
for said purpose. shall file a return within five
(5) calendar days from service
of summons to the defendant.
Sec. 9. Service NO ORIGINAL Service may be made through ❑ This is a new section.
consistent with PROVISION methods which are consistent The amendment
international with established international recognizes that service
conventions conventions to which the may be made through
Philippines is a party. methods which are
consistent with
established international
conventions to which the
Philippines is a party.
Sec. 10. Service When the defendant is a When the defendant is a minor, ❑ The amendment in Sec.
upon minors minor, insane or otherwise insane or otherwise an 10, for one, inserts the
and an incompetent, service shall incompetent person, service of word “person” when
incompetents be made upon him summons shall be made upon referring to an
personally and on his legal him personally and on his or her incompetent.
guardian if he has one, or if legal guardian if he or she has ❑ It also provides that
none, upon his guardian ad one, or if none, upon his or her service on a minor shall
litem whose appointment guardian ad litem whose also be made on his/her

shall be applied for by the appointment shall be applied for parent or guardian
guardian. In the case of a by the guardian. In the case of a ❑ The other amendments
minor, service may also be minor, service shall also be made are just gender-based.
made on his father or on his or her parent or
mother. guardian.
Sec. 11. Service NO ORIGINAL When spouses are sued jointly, ❑ This is a new section.
upon spouses PROVISION service of summons should be The amendment involves
made to each spouse requiring that each spouse
individually should still be
individually served even
if they are sued jointly
Sec. 12. Service When the defendant is a When the defendant is a ❑ This used to be Sec.
upon domestic corporation, partnership or corporation, partnership or 11. The amendment
private juridical association organized under association organized under the clarifies that the
entity the laws of the Philippines laws of the Philippines with a enumerated corporate
with a juridical personality, juridical personality, service may officials (president,
service may be made on the be made on the president, managing partner,
president, managing partner, managing partner, general corporate secretary,
general manager, corporate manager, corporate secretary, treasurer or in-house
secretary, treasurer or in- treasurer or in-house counsel of counsel) may be served
house counsel. the corporation wherever they “wherever they may be
may be found, or in their found, or in their absence
absence or unavailability, on or unavailability, on their
their secretaries. secretaries”.
If such service cannot be made

upon any of the foregoing
persons, it shall be made upon ❑ If service cannot be
the person who customarily effected on the named
receives the correspondence corporate officials, then
for the defendant at its service can be made upon
principal office. the person who
customarily receives the
correspondence for the
defendant domestic
corporation, partnership
or association
In case the domestic juridical

❑ This is a new
NO ORIGINAL entity is under receivership or
provision. A domestic
PROVISION liquidation, service of
juridical entity under
summons shall be made on the
receivership or liquidation
receiver or liquidator, as the
may be served through the
case may be.
receiver or liquidator
Should there be a refusal on ❑ This is also a new

the part of the persons above- provision. Service may be
mentioned to receive summons made electronically, if
despite at least three (3) allowed by the court (via
attempts on two (2) separate substitute service), if the
dates, service may be made corporate officials, their
electronically, if allowed by the secretaries, the person
court, as provided under Sec. 6 who customarily receives
of this rule (Substituted service) correspondence, or the
receiver or liquidator,
refuse to receive the
summons.
Sec. 13. Duty of NO ORIGINAL Where the summons is ❑ This is a new section.
counsel of PROVISION improperly served and a The amendment allows
record lawyer makes a special the court, if the summons
appearance on behalf of the is improperly served and a
defendant to, among others, lawyer makes a special
question the validity of service appearance on behalf of
of summons, the counsel shall the defendant to question
be deputized by the court to the validity of the service
serve summons on his (or her) of summons, shall
client. deputize the counsel to
serve summons on his/her
client
Sec. 14. Service When the defendant is a When the defendant is a foreign ❑ This used to be Sec.
upon foreign foreign private juridical private juridical entity which has 12. The amendment,
private juridical entity which has transacted transacted or is doing business among others, requires
entities business in the Philippines, in the Philippines, as defined by that a foreign private
service may be made on its law, service may be made on its juridical entity is not only
resident agent designated in resident agent designated in transacting, but should
accordance with law for that accordance with law for that also, be doing business in
purpose, or, if there be no purpose, or, if there be no such the Philippines, as defined
such agent, on the agent, on the government official by law. Also, service may
government official designated by law to that effect, be made on the said
designated by law to that or on any of its officers, agents corporation’s directors or
effect, or on any of its directors or trustees within the trustees, aside from its
officers or agents within the Philippines. officers or agents.
Philippines.
If the foreign private juridical
❑ This is a new
entity is not registered in the
paragraph in Sec. 14. If
Philippines, or has no resident
the foreign private
agent but has transacted or is
juridical entity is not
doing business in it, as defined
registered in the
by law, such service may, with
Philippines or has no
leave of court, be effected
resident agent, but
outside of the Philippines
transacted or did business
through any of the following
in the Philippines, service
means:
may, with leave of court,
(a) By personal service coursed
be effected outside of the
through the appropriate court
Philippines by: (a)
in the foreign country with the
personal service on the
assistance of the department of
appropriate court in a
foreign affairs;
foreign country with the
(b) By publication once in a
assistance of the DFA, (b)
newspaper of general
publication in a
circulation in the country
newspaper of general
where the defendant may be
circulation in the country
found and by serving a copy of
where the defendant may
the summons and the court
be found and serving copy
order by registered mail at the
of the summons and the
last known address of the
court order by registered
defendant;
mail at the last known
(c) By facsimile;
address of the defendant,
(d) By electronic means with
(c) facsimile, (d)
the prescribed proof of service;
electronic means or (e)
or
such other means as the
(e) By such other means as the
court may direct
court, in its discretion, may
direct.
Section When the defendant is the
15. Service Republic of the Philippines,
upon public service may be effected on
corporations. the Solicitor General; in case
of a province, city or
municipality, or like public
corporations, service may be
effected on its executive
head, or on such other
officer or officers as the law
or the court may direct.
Sec. 16. Service In any action where the In any action where the ❑ This used to be Sec.
upon defendant defendant is designated as an defendant is designated as an 14. The amendment
whose identity unknown owner, or the like, unknown owner, or the like, or provides that when the
or whereabouts or whenever his whenever his or her defendant is designated as
are unknown whereabouts are unknown whereabouts are unknown and an unknown owner, or the
and cannot be ascertained by cannot be ascertained by diligent like, or his/her
diligent inquiry, service inquiry, within ninety (90) whereabouts are unknown
may, by leave of court, be calendar days from the and cannot be ascertained
effected upon him by commencement of the action, within 90 calendars from
publication in a newspaper service may, by leave of court, the commencement of the
of general circulation and in be effected upon him or her by action, with leave of
such places and for such publication in a newspaper of court, service may be
time as the court may order. general circulation and in such made by publication in a
places and for such time as the newspaper of general
court may order. circulation and for such
time as the court may
order
Any order granting such leave ❑ The 2 nd par. in Sec.

shall specify a reasonable time, 16 is a new provision. The
which shall not be less than order granting the leave
sixty (60) calendar days after (to serve by publication)
notice within which the should specify a
defendant must answer. reasonable period, which
should not be less than 60
calendar days after notice
within which the
defendant must answer.
Sec. 17. When the defendant does not When the defendant does not ❑ This used to be Sec.
Extraterritorial reside and is not found in the reside and is not found in the 15. The amendment added
service Philippines, and the action Philippines, and the action that service, by leave of
affects the personal status of affects the personal status of the court, may be made on the
the plaintiff or relates to, or plaintiff or relates to, or the defendant who does not
the subject of which is, subject of which is, property reside and is not found in
property within the within the Philippines, in which the Philippines through
Philippines, in which the the defendant has or claims a lien means as provided for in
defendant has or claims a or interest, actual or contingent, international conventions
lien or interest, actual or or in which the relief demanded to which the Philippines is
contingent, or in which the consists, wholly or in part, in a party, aside from
relief demanded consists, excluding the defendant from personal service as
wholly or in part, in any interest therein, or the provided by under Sec. 5
excluding the defendant property of the defendant has or publication in a
from any interest therein, or been attached within the newspaper of general
the property of the defendant Philippines, service may, by circulation or in any
has been attached within the leave of court, be effected out of manner the court may
Philippines, service may, by the Philippines by personal deem sufficient.
leave of court, be effected service as under section (5); or ❑ Instead of Sec. 6, it
out of the Philippines by as provided for in international should be Sec. 5 as this is
personal service as under conventions to which the not the section on
section 6; or by a publication Philippines is a party; or by a “Service in person on
in a newspaper of general publication in a newspaper of defendant”
circulation in such places general circulation in such places ❑ Also, the amendment
and for such time as the and for such time as the court
emphasizes that the
court may order, in which may order, in which case a copy
period for the defendant
case a copy of the summons of the summons and order of the
to file an answer shall not
and order of the court shall court shall be sent by registered
be less than 60 calendar
be sent by registered mail to mail to the last known address of
days after notice
the last known address of the the defendant; or in any other
defendant, or in any other manner the court may deem
manner the court may deem sufficient. Any order granting
sufficient. Any order such leave shall specify a
granting such leave shall reasonable time, which shall not
specify a reasonable time, be less than sixty (60) calendar
which shall not be less than days after notice, within which
sixty (60) days after notice, the defendant must answer.
within which the defendant
must answer.
Section When any action is

18. Residents commenced against a
temporarily out defendant who ordinarily
of the resides within the
Philippines. Philippines, but who is
temporarily out of it, service
may, by leave of court, be
also effected out of the
Philippines, as under the
preceding Section. (16)
Section Any application to the court

19. Leave of under this Rule for leave to
court. effect service in any manner
for which leave of court is
necessary shall be made by
motion in writing, supported
by affidavit of the plaintiff
or some person on his
behalf, setting forth the
grounds for the application.
Section NO ORIGINAL Within thirty (30) calendar ❑ This is a new section.

20. Return PROVISION days from issuance of The amendment requires
summons by the clerk of court that the service of the
and receipt thereof, the sheriff summons shall be
or process server, or person completed within 30
authorized by the court, shall calendar days by the
complete its service. Within sheriff or process server
five (5) calendar days from or person authorized (to
service of summons, the server serve the summons) by
shall file with the court and the court. Also, the server
serve a copy of the return to shall file with the court
the plantiff(’)s counsel, and serve a copy of the
personally, by registered mail, return on plaintiff’s
or by electronic means counsel within 5 calendar
authorized by the Rules. days from service of the
summons.
❑ Should substituted
Should substituted service have service was effected the
been effected, the return shall return should state: (1) the
state: (1) (T)he impossibility of impossibility of prompt
prompt personal service within service within 30 calendar
a period of thirty (30) calendar days; (2) the date and
days from issue and receipt of time of the 3 attempts on
summons; (2) The date and at least 2 separate dates to
time of the three (3) attempts cause personal service
on at least two (2) separate and the details of the
dates to cause personal service inquiries made to locate
and the details of the inquiries the defendant residing
made to locate the defendant thereat; and (3) the name
residing thereat; and (3) The of the person at least 18
name of the person at least years of age and of
eighteen (18) years of age and sufficient discretion
of sufficient discretion residing residing at defendant’s
thereat; name of (the) residence or the name of
competent person in charge of the officer of the
the defendant’s office or homeowner’s association
regular place of business, or or condominium
name of the officer of the corporation or its chief
homeowners’ association or security officer in charge
condominium corporation or of the community r
its chief security officer in building where the
charge of the community or defendant may be found
building where the defendant
may be found.
Section The proof of service of a The proof of service of a ❑ This used to be Sec.
21. Proof of summons shall be made in summons shall be made in 18. The amendment in the
service writing by the server and writing by the server and shall 1 st par. of Sec. 21 is just
shall set forth the manner, set forth the manner, place, and gender-based.
place, and date of service; date of service; shall specify any
shall specify any papers papers which have been served
which have been served with with the process and the name of
the process and the name of the person who received the
the person who received the same; and shall be sworn to
same; and shall be sworn to when made by a person other
when made by a person than a sheriff or his or her
other than a sheriff or his deputy.
deputy
If summons was served by ❑ This is a new provision

electronic mail, a printout of in Sec. 21. Proof of
said email, with a copy of the service of summons
summons as served, and the served by electronic mail
affidavit of the person mailing, requires a printout of said
shall constitute as proof of email, with a copy of the
service. summons served, and the
affidavit of the person
mailing it
Section If the service has been made If the service has been made by ❑ This used to be Sec.
22. Proof of by publication, service may publication, service may be 19. The amendment
service by be proved by the affidavit of proved by the affidavit of the removed the printer, his
publication. the printer, his foreman or publisher, editor, business or foreman or principal clerk
principal clerk, or of the advertising manager, to which in executing an affidavit

editor, business or affidavit a copy of the for service made by
advertising manager, to publication shall be attached, and publication, but included
which affidavit a copy of the by an affidavit showing the the publisher instead
publication shall be attached, deposit of a copy of the ❑ Also, the other
and by an affidavit showing summons and order for amendment is just gender-
the deposit of a copy of the publication in the post office, based..
summons and order for postage prepaid, directed to the
publication in the post defendant by registered mail to
office, postage prepaid, his or her last known address
directed to the defendant by
registered mail to his last
known address
Section The defendant’s voluntary The defendant’s voluntary ❑ This used to be Sec.
23. Voluntary appearance in the action appearance in the action shall be 20. The amendment
appearance shall be equivalent to service equivalent to service of removed the word “not”
of summons. The inclusion summons. The inclusion in a so that the inclusion in a
in a motion to dismiss of motion to dismiss of other motion to dismiss of other
other grounds aside from grounds aside from lack of grounds aside from lack
lack of jurisdiction over the jurisdiction over the person of of jurisdiction over the
person of the defendant shall the defendant shall be deemed a person of the defendant
not be deemed a voluntary shall be deemed a
appearance
NOTE1: The old Sec. 4 (Return) was deleted.

NOTE2: No amendment in Sec. 15 (Service upon public corporation), Sec. 18 (Residents temporarily out of the
Philippines) and Sec. 19 (Leave of court), except the re-numbering thereof. These used to be Sec. 13, 16 and 17,
respectively
RULE 15 MOTIONS

Section A motion is an application [No amendment]
1. Motion for relief other than by a
defined pleading
Sec. 2. Motions All motions shall be in All motions shall be in writing ❑ No amendment in the 1
must be in writing except those made in except those made in open court st par. of Sec. 2.
writing open court or in the course or in the course of a hearing or
of a hearing or trial. trial.
NO ORIGINAL A motion made in open court

❑ This is a new
PROVISION or in the course of a hearing or
provision. It requires that
trial should immediately be
a motion made in open
resolved in open court, after
court or in the course of
the adverse party is given the
the trial should be
opportunity to argue his or her
resolved immediately in
opposition thereto.
open court after giving the
adverse party the
opportunity to argue
his/her opposition thereto.
❑ This is also a new

When a motion is based on provision. It provides that
facts not appearing on record, when a motion is based
the court may hear the matter on facts not appearing on
on affidavits or depositions record, the court may hear
presented by the respective the matter on affidavits or
parties, but the court may depositions, or direct that
direct that the matter be heard the matter be wholly or
wholly or partly on oral partly heard on oral
testimony or depositions. testimony or depositions.
Sec. 4. Non- NO ORIGINAL Motions which the court may ❑ This a new section.
litigious PROVISION act upon without prejudicing The amendment defines
motions the rights of adverse parties “non-litigious motions” as
are non-litigious motions. those that the court may
These motions include: act upon without
i. Motion for the issuance of an prejudicing the rights of
alias summons; adverse parties (these
ii. Motion for extension to file include motions for (i) the
answer; issuance of alias
iii. Motion for postponement; summons, (ii) extension
iv. Motion for the issuance of a to file answer, (iii)
writ of execution; postponement, (iv) the
v. Motion for the issuance of an issuance of a writ or (v)
alias writ of execution alias writ of execution,
vi. Motion for the issuance of a (vi) the issuance of a writ
writ of possession; of possession, (vii) the
vii. Motion for the issuance of issuance of an order
an order directing the sheriff directing the sheriff to
to execute the final certificate execute the final
of sale; certificate of sale; and
viii. Other similar motions. (viii) other similar
motions)
❑Non-litigious motions
These motions shall not be set shall not be set for
for hearing and shall be hearing and shall be
resolved by the court within resolved by the court
five (5) calendar days from within 5 calendar days
receipt thereof. from receipt thereof.
Sec. 5. NO ORIGINAL (a) Litigious motions include: ❑ This is a new section.

Litigious PROVISION (i) Motion for bill of Sec. 5 lists the litigious
motions. particulars; motions that must be set
(ii) Motion to dismiss; for hearing before being
(iii) Motion for new trial; resolved by the court
(iv) Motion for (such as motions (i) for
reconsideration; bill of particulars, (ii) to
(v) Motion for execution dismiss, (iii) for new trial,
pending appeal; (iv) for reconsideration,
(vi) Motion to amend after a (v) for execution pending
responsive pleading has been appeal, (vi) to amend after
filed; a responsive pleading has
(vii) Motion to cancel statutory been filed, (vii) to cancel
lien; statutory lien, (viii) for an
(viii) Motion for an order to order to break in or for a
break in or for a writ of writ of demolition, (ix)
demolition; for intervention, (x) for
(ix) Motion for intervention; judgment on the
(x) Motion for judgment on the pleadings, (xi) for
pleadings; summary judgment, (xii)
(xi) Motion for summary for demurrer to evidence,
judgment; (xiii) to declare defendant
(xii) Demurrer to evidence; in default and (siv) other
(xiii) Motion to declare similar motions)
defendant in default; and, (xiv)
Other similar motions. ❑ Aside from personal
service or registered mail,
all motions shall be
(b) All motions shall be served served by accredited
by personal service, accredited private courier or
private courier or registered electronic means
mail, or electronic means so as
to ensure their receipt by the ❑ The opposing party
other party.
shall file his/her
opposition to a litigious
(c) The opposing party shall motion within 5 calendar
file his or her opposition to a days from receipt thereof.
litigious motion within five (5) Also, other pleading shall
calendar days from receipt be considered by the court
thereof. No other submissions in resolving the subject
shall be considered by the motion.
court in the resolution of the
motion.
❑ The court has 15
calendar days, from

receipt of the opposition
The motion shall be resolved or upon expiration of the
by the court within fifteen (15) 5-day period to file such
calendar days from its receipt opposition, to resolve the
of the opposition thereto, or litigious motion
upon expiration of the period
to file such opposition.
Sec. 6. Notice The notice of hearing shall The court may in the exercise ❑ This used to be Sec. 5
of hearing on be addressed to all parties of its discretion, and if deemed (Notice of hearing). ❑
litigious concerned, and shall specify necessary for its resolution, call The amendment includes
motions; the time and date of the a hearing on the motion. The giving the court the
discretionary hearing which must not be notice of hearing shall be discretion to call a hearing
later than ten (10) days after addressed to all parties on the litigious motion, if
the filing of the motion concerned, and shall specify the deemed necessary.
time and date of the hearing;
Sec. 7. Proof of No written motion set for No written motion shall be acted ❑ This used to be Sec. 6
service hearing shall be acted upon upon by the court without proof ❑ The amendment
necessary by the court without proof of of service thereof, pursuant to deleted the phrase “set for
service thereof. Section 5(b) hereof. hearing” and added a
reference to how litigious
motions are served
pursuant to Sec. 5(b),
Rule 15.
Sec. 8. Motion Except for motions requiring Except for motions requiring ❑ This used to be Sec. 7.
day immediate action, all immediate action, where the ❑ The amendment
motions shall be scheduled court decides to conduct deletes requiring all
for hearing on Friday hearing on a litigious motion, motions to be heard on a
afternoons, or if Friday is a the same shall be set on a Friday, and specifies
non-working day, in the Friday. instead that only litigious
afternoon of the next motions should be set for
working day. hearing on a Friday when
the court decides to
conduct a hearing thereon
Section Subject to the provisions of
9. Omnibus Section 1 of Rule 9, a
motion. motion attacking a pleading,
order, judgment, or
proceeding shall include all
objections then available,
and all objections not so
included shall be deemed
waived.
Section A motion for leave to file a

10. Motion for pleading or motion shall be
leave. accompanied by the
pleading or motion sought to
be admitted.
Section The Rules applicable to

11. Form. pleadings shall apply to
written motions so far as
concerns caption,
designation, signature, and
other matters of form.
Sec. 12. NO ORIGINAL The following motions shall not ❑ This is a new section.
Prohibited PROVISION be allowed: ❑ Sec. 12 lists motions
motions (a) Motion to dismiss except on that are prohibited, such
the following grounds: i That as: (a) motion to dismiss
the court has no jurisdiction (except on the ground of
over the subject matter of the lack of jurisdiction over
claim; ii. That there is another the subject matter of the
action pending between the claim, litis pendendia, or
same parties for the same barred by res judicata or
cause; and, iii. That the cause statute of limitations); (b)
of action is barred by a prior motion to hear affirmative
judgment or by the statute of defenses; (c) motion for

limitations; reconsideration of the
(b) Motion to hear affirmative court’s action on the
defenses; affirmative defenses; (d)
(c) Motion for reconsideration motion to suspend
of the court’s action on the proceedings (without a
affirmative defenses; TRO or injunction); (e)
(d) Motion to suspend motion for extension of
proceedings without a time pleadings, affidavits
temporary restraining order or or any other papers
injunction issued by a higher (except to file an answer);
court; or (f) motion for
(e) Motion for extension of postponement intended
time to file pleadings, affidavits for delay (except if based
or any other papers, except a on acts of God, force
motion for extension of time to majeure, or physical
file an answer as provided by inability of the witness to
Section 11, Rule 11; and appear and testify, but
(f) Motion for postponement with warning that the
intended for delay, except it it presentation of evidence
is based on acts of God, force must be terminated on the
majeure or physical inability of dates previously agreed
the witness to appear and upon)
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, ❑This amendment
at all times, be accompanied by requires that a motion for
the original receipt from the postponement, written or
office of the clerk of court oral, should be
evidencing payment of the accompanied by the
postponement fee under original receipt from the
Section 2(b), Rule 141. to be office of the clerk of court
submitted either at the time of evidencing payment of
the filing of said motion or not the postponement fee, to
later than the next hearing. be submitted either at the
The clerk of court shall not time of the filing of the
accept the motion unless motion or not later than
accompanied by the original the next hearing. Also, the
receipt. clerk of court shall not
accept the motion unless
accompanied by the
original receipt.
Sec. 13. Subject to the right of Subject to the right of appeal, an ❑ This used to be, in part,
Dismissal with appeal, an order granting a order granting a motion to Sec. 5, Rule 16
prejudice motion to dismiss based on dismiss or an affirmative (MOTION TO DISMISS)
paragraphs (f), (h) and (i) of defense that the cause of action ❑ The amendment
Section 1 hereof shall bar is barred by a prior judgment provides that an order
the refiling of the same or by the statute of limitations; granting, aside from a
action or claim that the claim or demand set motion to dismiss, an
forth in the plaintiff’s pleading affirmative defense (that
has been paid, waived, the cause is barred by res
abandoned or otherwise judicata or by the statute
extinguished; or the claim on of limitations; or the
which the action is founded is claim or demand has been
unenforceable under the paid, waived, abandoned
provisions of the statute of or otherwise extinguished;
frauds, shall bar the refiling of or the claim on which the
the same action or claim action is founded is
unenforceable under the
statute of frauds) shall bar
the refiling of the same
action or claim
NOTE1: No amendment in Sec. 1 (Motion defined) and Sec. 3 (Contents)

NOTE2: The old Sec. 4 (Hearing of motion) was DELETED.
NOTE3: No amendment in Sec. 9 (Omnibus motion), Sec. 10 (Motion for leave) and Sec. 11 (Form), except the
re-numbering thereof. These used to be Sec. 8, 9 and 10, respectively
SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Section 1. Dismissal upon A complaint may be [No amendment]
notice by plaintiff. dismissed by the plaintiff
by filing a notice of
dismissal at any time
before service of the
answer or of a motion for
summary judgment. Upon
such notice being filed,
the court shall issue an
order confirming the
dismissal. Unless
otherwise stated in the
notice, the dismissal is
without prejudice, except
that a notice operates as
an adjudication upon the
merits when filed by a
plaintiff who has once
dismissed in a competent
court an action based on
or including the same
claim.
Section 2. Dismissal upon Except as provided in the Except as provided in the ❑ The amendments in
motion of plaintiff. preceding section, a preceding section, a Sec. 2 are only gender-
complaint shall not be complaint shall not be based and clarifies that
dismissed at the plaintiff’s dismissed at the plaintiff’s the defendant, from notice
instance save upon instance save upon of a motion to dismiss,
approval of the court and approval of the court and has 15 calendar days to
upon such terms and upon such terms and manifest that he or she
conditions as the court conditions as the court wants his or her
deems proper. If a deems proper. If a counterclaim to be
counterclaim has been counterclaim has been resolved in the same
pleaded by a defendant pleaded by a defendant action
prior to the service upon prior to the service upon
him of the plaintiff’s him or her of the
motion for dismissal, the plaintiff’s motion for
dismissal shall be limited dismissal, the dismissal
to the complaint. The shall be limited to the
dismissal shall be without complaint. The dismissal
prejudice to the right of shall be without prejudice
the defendant to prosecute to the right of the
his counterclaim in a defendant to prosecute his
separate action unless or her counterclaim in a
within fifteen (15) days separate action unless
from notice of the motion within fifteen (15)
he manifests his calendar days from notice
preference to have his of the motion he or she
counterclaim resolved in manifests his or her
the same action. Unless preference to have his or
otherwise specified in the her counterclaim resolved
order, a dismissal under in the same action. Unless
this paragraph shall be otherwise specified in the
without prejudice. A class order, a dismissal under
suit shall not be dismissed this paragraph shall be
or compromised without without prejudice. A class
the approval of the court suit shall not be dismissed
or compromised without
the approval of the court
Section 3. Dismissal due If, for no justifiable cause,

to fault of plaintiff. the plaintiff fails to appear
on the date of the
presentation of his
evidence in chief on the
complaint, or to prosecute
his action for an
unreasonable length of
time, or to comply with

these Rules or any order
of the court, the complaint
may be dismissed upon
motion of the defendant
or upon the court's own
motion, without prejudice
to the right of the
defendant to prosecute his
counterclaim in the same
or in a separate action.
This dismissal shall have
the effect of an
adjudication upon the
merits, unless otherwise
declared by the court.
Section 4. Dismissal of The provisions of this [No amendment]

counterclaim, cross-claim, Rule shall apply to the
or third-party complaint. dismissal of any
counterclaim, cross-claim,
or third-party complaint.
A voluntary dismissal by
the claimant by notice as
in section 1 of this Rule,
shall be made before a
responsive pleading or a
motion for summary
judgment is served or, if
there is none, before the
introduction of evidence
at the trial or hearing
NOTE1: The provisions of the old Rule 16 (MOTION TO DISMISS) were either deleted or transposed. As such,
Rule on DISMISSAL OF ACTIONS should now be RE-NUMBERED as Rule 16 (not Rule 17).
NOTE2: No amendment in Sec. 1 (Dismissal upon notice by plaintiff) and Sec. 4 (Dismissal of counterclaim,
crossclaim, or third-party complaint)
NOTE3: The amendments in Sec. 3 (Dismissal due to fault of plaintiff) are merely gender-based.
J. Pre-trial (Rule 18)
NOTE: Rule on PRE-TRIAL should now be RE-NUMBERED as Rule 17 (not Rule 18).
SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 1. When After the last pleading has After the last responsive pleading ❑ The amendment in
conducted been served and filed, it shall has been served and filed, the Sec. 1 includes clarifying
be the duty of the plaintiff to branch clerk of court shall that, prior to the pre-trial,
promptly move ex parte that issue, within five (5) calendar the last “responsive”
the case be set for pre-trial days from filing, a notice of pre- pleading should have
trial which shall be set not later been served and filed.
than sixty (60) calendar days Also, the plaintiff is no
from the filing of the last longer required to move
responsive pleading for the case to be set for
pretrial and, instead, it is
the clerk of court who
will issue, within 5
calendar days from filing
of the last responsive
pleading, a notice of
pretrial which shall be set
not later than 60 calendar
days from the filing of
the last responsive
pleading.
Sec. 2. Nature The pre-trial is mandatory. The pre-trial is mandatory and ❑ The amendment in
and Purpose The court shall consider: should be terminated promptly. Sec. 2 includes, among
(a) The possibility of an The court shall consider: others, requiring the pre-
amicable settlement or of a (a) The possibility of an amicable trial to be terminated
submission to alternative settlement or of a submission to promptly. ❑ Also, the
modes of dispute resolution; alternative modes of dispute
(b) The simplification of the resolution; necessity or desirability

issues; (b) The simplification of the of amendments to the
(c) The necessity or issues; pleadings (item [c]) is no
desirability of amendments to (c) The possibility of obtaining longer a matter for
the pleadings; stipulations or admissions of facts consideration during the
(d) The possibility of and of documents to avoid pre-trial
obtaining stipulations or unnecessary proof; ❑ Further, in item (d),
admissions of facts and of (d) The limitation of the number the witnesses must be
documents to avoid and and identification of identified and the trial
unnecessary proof; witnesses and setting of trial dates must be set during
(e) The limitation of the dates; the pre-trial
number of witnesses; (e) The advisability of a
(f) The advisability of a preliminary reference of issues to
preliminary reference of a commissioner;
issues to a commissioner; (f) The propriety of rendering
(g) The propriety of judgment on the pleadings, or
rendering judgment on the summary judgment, or of
pleadings, or summary dismissing the action should a
judgment, or of dismissing valid ground therefor be found to
the action should a valid exist;
ground therefor be found to (g) The requirement for the ❑ This is a new
exist; parties to: provision. The parties are
(h) The advisability or i. Mark their respective additionally required
necessity of suspending the evidence if not yet marked in during the pre-trial to: (i)
proceedings; and, the judicial affidavits of their mark their respective
(i) Such other matters as may witnesses; evidence if not yet
aid in the prompt disposition ii. Examine and make marked in the judicial
of the action. comparisons of the adverse affidavits of the
parties’ evidence vis-à-vis the witnesses; (ii) examine
copies to be marked; iii. and make comparisons of
Manifest for the record their marked evidence;
stipulations regarding the (iii) manifest stipulations
faithfulness of the regarding the faithfulness
reproductions and the of the reproductions and
genuineness and due execution genuineness and due
of the adverse parties’ evidence; execution of their
iv. Reserve evidence not evidence; and (iv)
available at the pre-trial, but reserve evidence not
only in the following manner: available at the pretrial
1) For testimonial evidence, by (subject to the following
giving the name or position and manner as follows: for
the nature of the testimony of testimonial evidence –
the proposed witness; (and) give the name or position
2) For documents and other and nature of the
object evidence, by giving a testimony of the witness;
particular description of the for documents and other
evidence. object evidence – give a
particular description
thereof)
❑ No reservation
No reservation shall be allowed allowed if the above
if not made in the manner requirements are not
described above. followed
(h) Such other matters as may aid ❑ The advisability or

in the prompt disposition of the necessity of suspending
action. proceedings (old item
[h])no longer considered
during the pre-trial
The failure without just cause ❑ This is a new

of a party and counsel to provision, Failure of a
appear during pre-trial, despite party and counsel to
notice, shall result in a waiver appear during the pre-
of any objections to the trial will result in a
faithfulness of the waiver of any objections
reproductions marked, or their to the faithfulness of the
genuineness and due execution. reproductions marked, or
their genuineness and
due execution
The failure without just cause

of a party and/or counsel to ❑ This is also a new
bring the evidence required provision. Failure of a
shall be deemed a waiver of the party and/or counsel to
presentation of such evidence. 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 ❑ The branch clerk of
following format: (See court, not the court
prescribed form) interpreter, shall prepare
the minutes of the pre-
trial (based on a
prescribed form)
Sec. 3. Notice The notice of pre-trial shall The notice of pre-trial shall ❑ The amendment in
of pre-trial be served on counsel, or on include the dates respectively Sec. 3 lists, among
the party who has no counsel. set for: others, what should be
The counsel served with such (a) Pre-Trial; included in the notice of
notice is charged with the (b) Court-Annexed Mediation; pre-trial, such as the
duty of notifying the party and (c) Judicial Dispute dates of the (i) pretrial,
represented by him. Resolution, if necessary. (ii) court-annexed
mediation and (iii)
The notice of pre-trial shall be judicial dispute
served on counsel, or on the party resolution, if necessary.
who has no counsel. The counsel ❑ Also, the amendment
served with such notice is in the 2 nd par. is only
charged with the duty of notifying gender-based.
the party represented by him or
her.
Non-appearance at any of the ❑ Non-appearance at the

foregoing settings shall be dates for the pre-trial,
deemed noncompliance at the court-annexed mediation
Pre-Trial and shall merit the or judicial dispute
same sanctions under Section 5 resolution will be
hereof. sanctioned per Sec. 5 of
this Rule
Sec. 4. It shall be the duty of the It shall be the duty of the parties ❑ The amendment in
Appearance of parties and their counsel to and their counsel to appear at the Sec. 4 requires, among
parties appear at the pre-trial. The pretrial, court-annexed others, that a party and
non-appearance of a party mediation, and judicial dispute counsel should appear,
may be excused only if a resolution, if necessary. The not only at the pre-trial,
valid cause is shown therefor non-appearance of a party and but also at the court-
or if a representative shall counsel may be excused only for annexed mediation and
appear in his behalf fully acts of God, force majeure, or judicial dispute
authorized in writing to enter duly substantiated physical resolution (JDR), if
into an amicable settlement, inability. necessary. Also, non-
to submit to alternative appearance is excused
modes of dispute resolution, only for acts of God,
and to enter into stipulations force majeure or duly
or admissions of facts and of substantiated physical
documents. inability.
(A) representative may appear ❑ A representative may
on behalf of a party but shall be appear on behalf of a
fully authorized in writing to party (for the pre-trial,
enter into an amicable settlement, court-annexed mediation
to submit to alternative modes of and JDR), but the
dispute resolution, and to enter authority must be in
into stipulations or admissions of writing.
facts and documents.
Sec. 5. Effect The failure of the plaintiff to When duly notified, (t)he ❑ The amendment in
of failure to appear when so required failure of the plaintiff and Sec. 5 clarifies that both
appear pursuant to the next counsel to appear without valid plaintiff and counsel
preceding section shall be cause when so required pursuant should be duly notified
cause for dismissal of the to the next preceding section shall and their failure to both
action. The dismissal shall be be cause for dismissal of the appear at the pre-trial,
with prejudice, unless action. The dismissal shall be court-annexed mediation
otherwise ordered by the with prejudice, unless otherwise or JDR shall be cause for
court. A similar failure on the ordered by the court. A similar the dismissal of the
part of the defendant shall be failure on the part of the action. ❑ Failure of both
cause to allow the plaintiff to defendant and counsel shall be the defendant and
present his evidence ex parte cause to allow the plaintiff to counsel to appear at the
and the court to render present his evidence ex parte pre-trial, court-annexed
judgment on the basis thereof within ten (10) calendar days mediation or JDR shall
from termination of pre-trial allow the plaintiff to
and the court to render judgment present his/her evidence
on the basis of the evidence ex parte within 10
offered calendar days from
termination of the pre-
trial. The court shall then
render judgment based
on the evidence offered.
Sec. 6. Pre-trial The parties shall file with the The parties shall file with the ❑ The amendment in
brief court and serve on the court and serve on the adverse Sec. 6 includes, among
adverse party, in such manner party, in such manner as shall others, clarifying that the
as shall ensure their receipt ensure their receipt thereof at pre-trial brief should be
thereof at least three (3) days least three (3) calendar days filed and served on the
before the date of the pre- before the date of the pre-trial, adverse party at least 3
trial, their respective pre-trial their respective pre-trial briefs calendar days from the
briefs which shall contain, which shall contain, among date of the pre-trial.
among others: others: ❑ Among those to be
(a) A statement of their (a) A concise statement of the contained in the pre-trial
willingness to enter into case and the reliefs prayed for; brief are: (i) a concise
amicable settlement or statement of their willingness to statement of the case and
alternative modes of dispute enter into amicable settlement or the reliefs prayed for (no
resolution, indicating the alternative modes of dispute more statement of the
desired terms thereof; resolution, indicating the desired willingness to enter into
(b) A summary of admitted terms thereof; an amicable settlement or
facts and proposed stipulation (b) A summary of admitted facts alternative modes of
of facts; (c) The issues to be and proposed stipulation of facts; dispute resolution); (ii)
tried or resolved; (d) The (c) The main factual and legal the main and factual legal
documents or exhibits to be issues to be tried or resolved; issues to be resolved; (iii)
presented, stating the purpose (d) The propriety of referral of the propriety of referral
thereof; factual issues to commissioners; of factual issues to
(e) A manifestation of their (e) The documents or other commissioners; (iv) the
having availed or their object evidence to be marked, other object evidence to
intention to avail themselves stating the purpose thereof; be marked;(v) the names
of discovery procedures or (f) The names of the witnesses, of witnesses and the
referral to commissioners; and the summary of their summary of their
and (f) The number and respective testimonies; and testimonies; and (vi) a
names of the witnesses , and (g) Brief statement of points of brief statement of points
the substance of their law and citation of authorities. of law and citation of
respective testimonies. authorities
Failure to file the pre-trial brief ❑ A manifestation on
Failure to file the pre-trial shall have the same effect as availing or intent to avail
brief shall have the same failure to appear at the pre-trial. of discovery procedures
effect as failure to appear at or referral to
the pre-trial. commissioners is no
longer required
❑ No amendment in the
2 nd par. of Sec. 6
Sec. 7. Pre-trial The proceedings in the pre- Upon termination of pre-trial, ❑ The amendment in
order trial shall be recorded. Upon the court shall issue an order Sec. 7 includes, among
termination thereof, the court within ten (10) calendars which others, changing the title
shall issue an order which shall recite in detail the matters from “record of pre-trial”
shall recite in detail the taken up. The order shall to “pre-trial order”,
matters taken up in the include: which order shall be
conference, the action taken (a) An enumeration of the issued within 10 calendar
thereon, the amendments admitted facts; days upon termination of
allowed to the pleadings, and (b) The minutes of the pre-trial pre-trial. Also, there is no
the agreements or admissions conference; requirement that the pre-
made by the parties as to any (c) The legal and factual issue/s trial proceedings be
of the matters considered. to be tried; recorded.
Should the action proceed to (d) The applicable law, rules ❑ The pre-trial order
trial, the order shall explicitly and jurisprudence; shall include items on the
define and limit the issues to (e) The evidence marked; following: (i) an
be tried. The contents of the (f) The specific trial dates for enumeration of the
order shall control the continuous trial, which shall be admitted facts; (ii) the
subsequent course of the the within the period provided by minutes of the pretrial
action, unless modified the Rules; conference; (c) the legal
before trial to prevent (g) The case flowchart to be and factual issue/s to be
manifest injustice. determined by the court, which tried; (d) the applicable
shall contain the different law, rules and
stages of the proceedings up to jurisprudence; (e) the
the promulgation of the evidence marked; (f) the
decision and the use of time specific trial dates for
frames for each stage in setting continuous trial; (g) the
the trial dates; case flowchart as
(h) A statement that the one- determined by the court
day examination of witness rule (should contains the
and most important witness different stages of the
rule under A.M. No. 03-1-09-SC proceedings up to
(Guidelines for Pre-Trial) shall promulgation of
be strictly followed; and decision); (h) a statement
(i) A statement that the court that the one-day
shall render judgment on the examination of witness
pleadings or summary rule and most important
judgment, as the case may be. witness rule 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
❑ This is a new
provision. The direct
The direct testimony of
NO ORIGINAL testimony of plaintiff’s
PROVISION witnesses for the plaintiff shall
witnesses shall be in the
be in the form of judicial
form of judicial affidavits
affidavits. After the
and after the
identification of such affidavits,
identification thereof
crossexamination shall proceed
during trial, cross-
immediately.
examination shall
proceed immediately.
❑ This is a new
provision. Postponement
of presentation of parties’
witnesses is prohibited,
Postponement of presentation except if it is based on
of parties’ witnesses at a acts of God, force
scheduled date is prohibited, majeure or substantiated
except if it is based on acts of physical inability of the
God, force majeure or duly witness to appear and
substantiated physical inability testify.
of the witness to appear and ❑ Also, the party who
testify. The party who caused caused the postponement
the postponement is warned must be warned that it
that the presentation of its must still terminate the
evidence must still be presentation of its
terminated within the evidence within the
remaining dates previously remaining dates
agreed upon. previously agreed upon.
❑ Should the opposing

party fail to appear, the
presentation of the
scheduled witness will
proceed with the absent
Should the opposing party fail party being deemed to
to appear without valid cause have waived the right to
stated in the next preceding interpose objection and
paragraph, the presentation of conduct cross-
the scheduled witness will examination.
proceed with the absent party
being deemed to have waived ❑ This is the last
the right to interpose objection sentence in the old Sec.
and conduct cross-examination. 7, wherein only the word
“pre-trial” was inserted
The contents of the pre-trial

order shall control the subsequent
proceedings, unless modified
before trial to prevent manifest
injustice.
Sec. 8. NO ORIGINAL After pre-trial and, after issues ❑ This is a new section.
CourtAnnexe PROVISION are joined, the court shall refer It includes requiring the
d Mediation the parties for mandatory parties, after pre-trial and
court-annexed mediation. the issues are joined, to
be referred to mandatory
court-annexed mediation
The period for court-annexed ❑ This is also a new

mediation shall not exceed provision. The court-
thirty (30) calendar days annexed mediation shall
without further extension. be within a non-
extendible period of 30
calendar days.
Sec. 9. NO ORIGINAL Only if the judge of the court to ❑ This is a new section.
Judicial PROVISION which the case was originally It clarifies that JDR is
Dispute raffled is convinced that allowed only if the judge
Resolution settlement is still possible, the of the court to which the
case may be referred to another case was originally
judge for judicial dispute raffled is convinced that
resolution. The judicial dispute settlement is still
resolution shall be conducted possible.
within a non-extendible period ❑ Also, the case shall be
of fifteen (15) calendar days referred to another judge
from notice of failure of the for JDR, which shall be
court-annexed mediation. conducted within a
nonextendible period of
15 calendar days from
notice of failure of the
court-annexed mediation.
❑ If JDR fails, trial shall

If judicial dispute resolution proceed before the
fails, trial before the original original court on the
court shall proceed on the dates agreed dates.
agreed upon.
❑ All proceedings
during the court-annexed
All proceedings during the mediation and the JDR
court-annexed mediation and shall be confidential.
the judicial dispute resolution
shall be confidential
Sec. 10. NO ORIGINAL Should there be no more ❑ This is a new

Judgment PROVISION controversial facts, or no more provision. This includes
after pre-trial genuine issue as to any material the court being allowed,
fact, or an absence of any issue, motu proprio, and
or should the answer fail to without prejudice to a
tender an issue, the court shall, party making a motion,
without prejudice to a party to include in the pre-trial
moving for judgment on the order that the case will be
pleadings under Rule 34 or submitted for judgment
summary judgment under Rule on the pleadings or
35, motu proprio include in the summary judgment under
pre-trial order that the case be Rule 34 or 35,
submitted for summary respectively, without
judgment or judgment on the need of position papers
pleadings, without need of or memoranda.
position papers or memoranda. ❑ Also, the judgment
In such cases, judgment shall be shall be rendered within
rendered within ninety (90) 90 calendar days from
calendar days from termination termination of the pre-
of the pre-trial. trial.
❑ The amendment states
The order of the court to that once the case is
submit the case for judgment submitted for decision
pursuant to this Rule shall not
be (the) subject to appeal or pursuant to Rule 34 or

certiorari Rule 35, this is not
subject to appeal or
certiorari
K. Intervention (Rule 19)
RULE 19
INTERVENTION
NOTE1: Rule on INTERVENTION should now be RE-NUMBERED as Rule 18 (not Rule 19).
NOTE2: No amendment in Sec. 1 (Who may intervene) and Sec. 2 (Time to intervene)
NOTE3: The amendment in Sec. 3 (Pleadings-in-intervention) is merely gender-based.

Section A person who has a legal [No amendment]
1. Who may interest in the matter in
intervene litigation, or in the success of
either of the parties, or an
interest against both, or is so
situated as to be adversely
affected by a distribution or
other disposition of property in
the custody of the court or of an
officer thereof may, with leave
of court, be allowed to intervene
in the action. The court shall
consider whether or not the
intervention will unduly delay
or prejudice the adjudication of
the rights of the original parties,
and whether or not the
intervenor's rights may be fully
protected in a separate
proceeding. (2[a], [b]a, R12)
Section The motion to intervene may be [No amendment]

2. Time to filed at any time before
intervene. rendition of judgment by the
trial court. A copy of the
pleading-in-intervention shall be
attached to the motion and
served on the original parties.
(n)
Section The intervenor shall file a The intervenor shall file a

3. Pleadings- complaint-in-intervention if he complaint-in-intervention if
in- asserts a claim against either or he or she asserts a claim
intervention. all of the original parties, or an against either or all of the
answer-in-intervention if he original parties, or an answer-
unites with the defending party in-intervention if he or
in resisting a claim against the she unites with the defending
latter. (2[c]a, R12) party in resisting a claim
against the latter.
Sec. 4. The answer to the complaint-in- The answer to the complaint- ❑ The amendment in Sec.
Answer to intervention shall be filed within inintervention shall be filed 4 provides that an answer
complaint-in- fifteen (15) days from notice of within fifteen (15) calendar to a complaint-in-
intervention the order admitting the same, days from notice of the order intervention should be
unless a different period is fixed admitting the same, unless a within 15 calendar days
by the court. (2[d]a, R12) different period is fixed by the from notice of the order
court. admitting the subject
complaint.
L. Calendar of Cases (Rule 20) re-numbered to Rule 19
No amendment in the Rule on CALENDAR OF CASES which should be now RE-NUMBERED as Rule 19 (not
Rule 20)
RULE 20
Calendar of Cases
Section 1. Calendar of cases. — The clerk of court, under the direct supervision of the judge, shall keep a calendar
of cases for pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for
hearing. Preference shall be given to habeas corpus cases, election cases, special civil actions, and those so required
by law. (1a, R22)
Section 2. Assignment of cases. — The assignment of cases to the different branches of a court shall be done
exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to
afford interested parties the opportunity to be present. (7a, R22)

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CIVIL PROCEDURE: ORDINARY CIVIL ACTIONS

RULE 6 - PARTS OF A PLEADING

Section Original Provision Amended Provision Remarks

Section 1. Pleadings are the written [No amendment]

Section 4. An answer is a pleading in [No amendment]

Section 5. Defenses may either be Defenses may either be ❑ No amendment in the

(b) An affirmative defense is (b) An affirmative defense is an

nevertheless prevent or bar nevertheless prevent or bar

NO ORIGINAL PROVISION Affirmative defenses may also

Section 6. A counterclaim is any claim [No amendment]

Section 7. A compulsory counterclaim is A compulsory counterclaim is ❑ A new sentence is

claimant for all or part of a

Section 9. A counterclaim may be [No amendment]

defendant cannot be located grounds, to wit:

Section 12. When the presence of parties [No amendment]

Section 13. A third (fourth, etc.) — party [No amendment]

PARTS AND CONTENTS OF A PLEADING (RULE 7)

Section Original Provision Amended Provision Remarks

Section. 2. The The body of the pleading sets [No amendment]

(a) Paragraphs. -The

(b) Headings. -When two or

(c) Relief. -The pleading shall

(d) Date. -Every pleading shall

(1) It is not being presented for

(4) the factual contentions

❑ Item (c) is a new

monetary penalty to the client. ❑ The lawyer or law firm

(a) the allegations in the

and belief”, or lacks a proper

The authorization of the affiant

or his counsel clearly constitute willful and deliberate

(c) Documentary and object

MANNER OF MAKING ALLEGATIONS (RULE 8)

Section Original Provision Amended Provision Remarks

SEC. 2. A party may set forth two or [No amendment]

Section 4. Facts showing the capacity of a [No amendment]

Section 5. In all averments of fraud or [No amendment]

Section 6. In pleading a judgment or In pleading a judgment or ❑ The amendment in the

Section. 7. Whenever an action or defense Whenever an action or defense ❑ The amendment in

like effect be set forth in the

Section. 8. When an action or defense is [No amendment]

Section. 10. A defendant must specify each [No amendment]

Section. 11. Material averment in the Material averments in a ❑ The amendment in

1. That the court has no

❑ The above affirmative

petition for certiorari, reconsideration or a

EFFECT OF FAILURE TO PLEAD (RULE 9)

Section Original Provision Amended Provision Remarks

SEC.2. A compulsory counterclaim or a [No amendment]

SEC. 3. If the defending fails to answer [No amendment] ❑ No amendment in the

(d) Extent of relief to be

(e) Where no defaults allowed.

Amended and supplemental pleadings (Rule 10)

Section Original Provision Amended Provision Remarks

Section 1. Pleadings may be amended by [No amendment]

presentation of the merits of the

When to file responsive pleadings (Rule 11)

Section Original Provision Amended Provision Remarks

Section 2. Where the defendant is a Where the defendant is a ❑ The amendment in

Sec. 4. Answer A counterclaim or crossclaim A counterclaim or crossclaim ❑ The amendment in