Aubrey Cortez - JD 2B

1997 RULES OF COURT 2019 AMENDMENT DIFFERENCES

Rule 6, Sec. 2, second paragraph;

Pleadings Allowed - The defenses Pleadings Allowed. The defenses As to the pronouns: It utilized
of a party are alleged in the answer of a party are alleged in the the use of both pronouns,
to the pleading asserting a claim answer to the pleading asserting inculcated gender-sensitivity in
against him a claim against him or her. the Code
*from here thereon, in the New
Rules, all pronouns ‘him’ are all
added with ‘or her’
I did not put all of it here
anymore.
Rule 6, Sec. 2, third paragraph
An answer may be responded to by An answer may be responded to The new rules gave a
a reply. by a reply only if the restriction/qualification, an
defending party attaches an answer may now not be
actionable document to the responded to absolutely - but
answer. only on the existence of an
actionable document to the
answer
Rule 6, Sec. 3 Complaint.
The complaint is the pleading The complaint is the pleading The amendment just reiterates
alleging the plaintiff's cause or alleging the plaintiff’s or or emphasizes that the filing of
causes of action. claiming party’s cause or the complaint is not limited to
causes of action. the plaintiff, as any claiming
party, including a defendant,
may file the same.
Rule 6, Sec. 5 (b)
Added second paragraph Affirmative defenses may The amendment just reiterates
also include grounds for the or
dismissal of a complaint, affirmative defenses. It is not
specifically, that the court mandatory that these grounds
has no jurisdiction over the be all included as affirmative
subject matter, that there is defenses since the provision
another action pending makes use of the word “may”
between the same parties and hence, directory. Thus,
for the same cause, or that these grounds may still be
the action is barred by a raised at any time and are
prior judgment. generally not waivable

Rule 6, Sec. 7
Compulsory counterclaim - Compulsory counterclaim - A The amendment seems to just
A compulsory counterclaim is one compulsory counterclaim is one emphasize or
which, being cognizable by the which, being cognizable by the reiterate this rule that a
regular courts of justice, arises out regular courts of justice, arises compulsory counterclaim
of or is connected with the out of or is connected with the should be raised in the same
transaction or occurrence transaction or occurrence action, and the failure to do so
constituting the subject matter of constituting the subject matter of shall bar one from claiming it in
the opposing party's claim and the opposing party's claim and another or subsequent action,
does not require for its does not require for its subject also to exceptions.
adjudication the presence of third adjudication the presence of
parties of whom the court cannot third parties of whom the court
acquire jurisdiction. cannot acquire jurisdiction. Such
Such a counterclaim must be a counterclaim must be within
within the jurisdiction of the court the jurisdiction of the court both
both as to the amount and the as to the amount and the nature
nature thereof, except that in an thereof, except that in an original
original action before the Regional Trial

1
 Aubrey Cortez - JD 2B

action before the Regional Trial Court, the counterclaim may be

Court, the counter-claim may be considered compulsory
considered compulsory regardless of the amount. A
regardless of the amount compulsory counterclaim
not raised in the same
action is barred, unless
otherwise allowed by these
Rules.

Rule 6, Sec. 10 Paragraph 1 and 2 for the original rules; paragraphs 1-3
under the amended rules
Reply - A reply is a pleading, the All new matters alleged With the amendment, a reply
office or function of which is to in the answer are deemed may only be filed if the
deny, or allege facts in denial or controverted. If the plaintiff answer attaches an actionable
avoidance of new matters alleged wishes to interpose any document. This finds support in
by way of defense in the answer claims arising out of the new Rule 6, Sec. 2, third paragraph,
and thereby join or make issue as matters so alleged, such which states that an answer may
to such new matters. If a party claims shall be set forth in be responded to by a reply only
does not file such reply, all the an amended or if the defending party attaches
new matters alleged in the answer supplemental complaint. an actionable document to the
are deemed controverted However, the plaintiff may answer. Moreover, by definition,
If the plaintiff wishes to interpose file a reply only if the the function of the reply is to
any claims arising out of the new defending party attaches an only deny matters alleged in or
matters so alleged, such claims actionable document to his relating to said actionable
shall be set forth in an amended or or her answer. document attached to the
supplemental complaint. A reply is a pleading, the office answer.
or function of which is to deny, Note that the filing of reply is
or allege facts in denial or mandatory as the rule makes use
avoidance of new matters of the word “may”. The failure to
alleged in, or relating to, said file a reply when the answer is
actionable document. based on an actionable
In the event of an actionable document will still be an
document attached to the admission of the genuineness
reply, the defendant may file and due execution of the
a rejoinder if the same is actionable document attached
based solely on an to the answer.
actionable document. If no actionable document is
attached, all new matters
raised in the answer are
deemed controverted, similar to
the previous rule, thus
dispensing with the need to file a
reply, if new matters are raised
and not actionable document is
attached to the answer.
If the answer raises matters
that would warrant interposing
claims in relation to said new
claims in the reply, the plaintiff
should instead raise those claims
in an amended or supplemental
complaint.
Relating this to Rule 10,
Section 3, it would mean then
that the amended complaint
must be with leave of court.
Moreover, supplemental
complaint should be read in
connection with Rule 10, Section
6, which provides that the

2
 Aubrey Cortez - JD 2B

supplemental pleading,
upon motion, may be filed if it
pertains to transactions,
occurrences or events which
have happened since the date of
the pleading sought to be
supplemented.
A rejoinder was not provided
under the original rules. With
the amendment, a rejoinder may
only be filed if the reply attaches
an actionable document. The
rejoinder shall only be based on
said actionable document. Thus,
in the absence of an actionable
document attached to the
reply, no rejoinder may be
filed.

Rule 6, Sec. 11. Paragraph 1 for the original rules;

paragraphs 1 and 2 under the amended rules

Third, (fourth, etc.)-party Third, (fourth, etc.)-party The second paragraph in the
complaint. complaint. amendment is a new
A third (fourth, etc.) — party A third (fourth, etc.) - party inclusion. It provides that the
complaint is a claim that a complaint is a claim that a third (fourth, etc.) – party
defending party may, with leave defending party may, with leave complaint may only be
of court, file against a person not of court, file against a person not allowed if the matters raised
a party to the action, called the a party to the action, called the are not extraneous to the issue
third (fourth, etc.) — party third (fourth, etc.)-party in the principal case and there
defendant for contribution, defendant for contribution, would be no introduction of a
indemnity, subrogation or any indemnity, subrogation or any new and separate controversy
other relief, in respect of his other relief, in respect of his or into the action. It appears that
opponent's claim. her opponent's claim. in these instances, leave of
The third (fourth, etc.) - court to file said third (fourth,
party complaint shall be etc.) - party complaint will not
denied admission, and the be granted.
court shall require the Also, if the third (fourth, etc.)
defendant to institute a – party defendant cannot be
separate action, located within 30 calendar
where: (a) the third (fourth, days from grant of such leave,
etc.)- party defendant then it would appear that the
cannot be located within third (fourth, etc.) - party
thirty (30) calendar days complaint would be dismissed.
from the grant of such leave; This is because the prescribed
(b) matters extraneous to period is reckoned from the date
the issue in the principal that leave was granted, and thus,
case are raised; presupposes that the third
or (c) the effect would be to (fourth, etc.) - party complaint
introduce a new and was already admitted.
separate controversy The proper remedy in any of
into the action. the foregoing instances would
instead be to file a separate
action.
Thus, even if the third (fourth,
etc.) - party complaint is not
based on matters extraneous
to the issue in the principal
case are raised; or would have
the effect of introducing a new
and separate controversy into

3
 Aubrey Cortez - JD 2B

the action, still the third

(fourth, etc.) – party
complaint will not push
through and will be dismissed
if the third (fourth, etc.) –party
defendant cannot be located
within the said prescribed
period.

Rule 7
Parts of a Pleading Parts and contents of a Amendment to title of the rule
pleading to state that the rule covers the
parts and contents of a
pleading, as compared to the
original title that only
mentions parts of a pleading.
Rule 7, Sec. 3 Paragraphs 1-3 under the old rules, paragraphs (a) to (c)
under the amended rules
Signature and address - Every Signature and address - (a) Every The first paragraph deleted
pleading must be signed by the pleading and other written the statement that the
party or counsel representing submissions to the court must address, that should not be a
him, stating in either case his be signed by the party or counsel post office box should be
address which should not be a representing him or her. indicated in the signature.
post office box. (b) The signature of counsel Same with the original rule,
The signature of counsel constitutes a certificate by him or the amendment provides that
constitutes a certificate by him her that he or she has read the the signature of counsel
that he has read the pleading; that pleading and document; that constitutes a certification but
to the best of his knowledge, to the best of his or her additionally addresses gender
information, and belief there is knowledge, information, and sensitivity and provides that
good ground to support it; and belief, formed after an the counsel’s knowledge,
that it is not interposed for delay. inquiry reasonable information and belief is
An unsigned pleading produces under the circumstances: based or formed after an
no legal effect. However, the court (1) It is not being presented inquiry that is reasonable
may, in its discretion, allow such for any improper purpose, under the circumstance.
deficiency to be remedied if it such as to harass, cause specifically so identified, will
shall appear that the same was unnecessary delay, or likely have evidentiary support
due to mere inadvertence and not needlessly increase the after availment of the modes of
intended for delay. Counsel who cost of litigation; discovery under these rules; and
deliberately files an unsigned (2) The claims, defenses, (4) The denials of factual
pleading, or signs a pleading in and other legal contentions contentions are warranted on
violation of this Rule, or alleges are warranted by existing the evidence or, if specifically
scandalous or indecent matter law or jurisprudence, or by so identified, are reasonably
therein, or fails promptly report to a nonfrivolous argument for based on belief or a lack of
the court a change of his address, extending, modifying, or information.
shall be subject to appropriate reversing existing (c) If the court determines, on
disciplinary action. jurisprudence; motion or motu proprio and
(3) The factual contentions after notice and hearing, that
have evidentiary support or, this rule has been violated, it
if the first paragraph is may impose an appropriate
amended to state that not sanction or refer such violation
only pleadings shall be to the proper office for
signed by the party or disciplinary action, on any
counsel, but also attorney, law firm, or party that
any other written violated the rule, or is
submission. responsible for the violation.
Absent exceptional
circumstances, a law firm shall
be held jointly and severally
liable for a violation committed
by its partner, associate, or
employee. The sanction may

4
 Aubrey Cortez - JD 2B

include, but shall not be limited

to, non-monetary directive or
sanction; an order to pay a
Under the original rule,
counsel certifies that the
pleading has good ground to
support it; and that it is not
interposed for delay. The
amendment specifies further
the certification of the counsel
that the pleading or written
submission: (1) is not filed for
any improper purpose to
harass, delay or increase cost
of litigation; (2) has claims,
defenses and other legal
contentions that are
warranted by
law/jurisprudence, and not
merely based on frivolous
arguments contrary to
jurisprudence; (3) has factual
contentions that have
evidentiary basis, or may be
likely supported by evidence
after availment of modes of
discovery; and (4) the denials
of facts are based on evidence,
or based on belief or lack of
information if specifically so
identified.

Rule 7, Sec. 6, paragraphs 1-3 under the original rules and paragraphs
1-4 under the amended rules

Verification. Except when Verification. Except when The term “or accompanied by
otherwise specifically required by otherwise specifically required affidavit” was deleted in the
law or rule, pleadings need not be by law or rule, pleadings need amendment of the first
under oath, verified or not be under oath or verified or paragraph. It may seem that it
accompanied by affidavit. accompanied by affidavit is deleted for being redundant,
A pleading is verified by an A pleading is verified by an since verifying a pleading is
affidavit that the affiant has read affidavit of an affiant duly done by an affidavit.
the pleading and that the authorized to sign said The amended rule requires
allegations therein are true and verification. The authorization that the authority of the
correct of his personal knowledge of the affiant to act on behalf affiant to sign the verification
or based on authentic records. of a party, whether in the (either a Secretary’s
form of a secretary’s Certificate of a Special Power
certificate or a special of Attorney) should be
power of attorney, attached to the pleading. The
should be attached to the original rule did not require
pleading, and shall allege that attachment. Based on the
the following attestations: old rule, jurisprudence also
(a) The allegations in the recognized that a president of
pleading are true and a corporation may sign the
correct verification even without a
based on his or her personal verification. (Colegio Medico
knowledge, or based on Farmaceutico De Filipinas, Inc.
authentic documents; v. Lim, G.R. No. 212034, July 2,
(b) The pleading is not filed 2018) Also, the proof of
to harass, cause authority to sign may be
unnecessary delay, or resolved during trial. (246

5
 Aubrey Cortez - JD 2B

needlessly increase the cost Corp. v. Daway, G.R. No.

of litigation; and 157216, November 20, 2003)
(c) the factual allegations With the amendment, it
therein have evidentiary appears that the proof of
support or, if specifically so authority, even for the
identified, will likewise have president, should already be
evidentiary support after a established by attaching said
reasonable opportunity for proof to the pleading.
discovery. Additionally, the amendment
The signature of the affiant requires the affiant to state
shall further serve as a that the pleading was not filed
certification of the to harass, cause unnecessary
truthfulness of the delay, or needlessly increase
allegations in the the cost of litigation; and that
pleading. the factual allegations have
A pleading required to be evidentiary support or if
verified that contains a specifically so identified, will
verification based on likewise have evidentiary
"information and belief", or upon support after a reasonable
"knowledge, information and opportunity for discovery.
belief", or lacks a proper These allegations are similar
verification, shall be treated as to the certification the
an unsigned pleading. signature purports under
Rule 7, Sec. 3. Note also that if
the allegations are not yet
based on actual evidence in
the possession of the party
concerned, the verification
must state that the allegations
will have evidentiary support
after a reasonable opportunity
for discovery, and these
factual allegations that will be
established after modes of
discovery appear to be
required to be
specified/identified. So the
verification must specifically
state which factual allegations
shall be established by
evidence after reasonable
opportunity to avail of modes
of discovery.
The last paragraph was
amended to change the word
“which” to “that”. Other than
that, the import of the last
paragraphs of the old and
amended rules remain the same.

Rule 7, Sec. 5, paragraphs 1-2 under the old rules, and paragraphs 1-3
under the new rules
Certification Against Forum Certification Against Forum The first paragraphs are
Shopping. The plaintiff or Shopping. The plaintiff or essentially the same except for
principal party shall certify under principal party shall certify the revisions addressing
oath in the complaint or other under oath in the complaint or The qualification that the report
initiatory pleading asserting a other initiatory pleading shall be made within 5 calendar
claim for relief, or in a sworn asserting a claim for relief, or in days, which qualification was
certification annexed thereto and a sworn certification annexed absent under the old rules.
simultaneously filed therewith: thereto and simultaneously filed
(a) that he has not theretofore therewith: (a) that he or she has

6
 Aubrey Cortez - JD 2B

commenced any action or filed not theretofore commenced any A new second paragraph was
any claim involving the same action or filed any claim inserted, similar to the
issues in any court, tribunal or involving the same issues in requirement under verification,
quasi-judicial agency and, to the any court, tribunal or that requires the proof of
best of his knowledge, no such quasijudicial agency and, to the authority to execute the
other action or claim is pending best of his knowledge, no such certification should be attached
therein; (b) if there is such other other action or claim is pending to the pleading.
pending action or claim, a therein; (b) if there is such other
complete statement of the present pending action or claim, a The last paragraphs are the
status thereof; and (c) if he should complete statement of the Same.
thereafter learn that the same or present status thereof; and (c) if
similar action or claim has been he or she should thereafter learn
filed or is pending, he shall report that the same or similar action or
that fact within five (5) days claim has been filed or is
therefrom to the court wherein his pending, he shall report that fact
aforesaid complaint or initiatory within five (5) calendar days
pleading has been filed. therefrom to the court wherein
Failure to comply with the his or her aforesaid complaint or
foregoing requirements shall not initiatory pleading has been
be curable by mere amendment of filed.
the complaint or other initiatory The authorization of the
pleading but shall be cause for the affiant to act on behalf of a
dismissal of the case without party, whether in the form
prejudice, unless otherwise of a secretary’s certificate or
provided, upon motion and after a special power of attorney,
hearing. The submission of a false should be attached to the
certification or non-compliance pleading.
with any of the undertakings Failure to comply with the
therein shall constitute indirect foregoing requirements shall not
contempt of court, without be curable by mere
prejudice to the corresponding amendment of the complaint or
administrative and criminal other initiatory pleading but
actions. If the acts of the party or shall be cause for the
his counsel clearly constitute dismissal of the case without
willful and deliberate forum prejudice, unless otherwise
shopping, the same shall be provided, upon motion and after
ground for summary dismissal hearing. The submission of a
with prejudice and shall false certification or non
constitute direct contempt, as well compliance with any of the
as a cause for administrative undertakings therein shall
sanctions. constitute indirect contempt of
court, without prejudice to the
corresponding administrative
and criminal actions. If the acts
of the party or his counsel clearly
constitute willful and deliberate
forum shopping, the same shall
be ground for summary
dismissal with prejudice and
shall constitute direct contempt,
as well as a cause for
administrative sanctions.

Rule 7, Sec. 6
NO SECTION 6 Contents. Every pleading This new provision should be
stating a party's claims or read in relation to Rule 8,
defenses shall, in addition to Section 1, which provides that
those mandated by Section every pleading (including the
2, Rule 7, state the complaint) should contain a
following: statement of the evidence relied
(a) Names of witnesses who on. In this regard, Section 6,

7
 Aubrey Cortez - JD 2B

will be presented to prove a thus requires that the witnesses

party's claim or defense; and their names should be
(b) Summary of the included, the summaries of their
witnesses' intended respective testimonies in
testimonies, providedthat addition to the judicial affidavits
the judicial affidavits of to be attached thereto and the
said witnesses shall be documentary and object
attached to the pleading and evidence in support of the
form an integral part allegations in the pleading.
thereof. Only witnesses This requirement would ensure
whose judicial affidavits are that a person filing a case or a
attached to the pleading pleading would, at the time of
shall be presented by filing, already have evidentiary
the parties during trial. basis to back the same up, and
Except if a party presents there would be no delay caused
meritorious reasons as basis by parties still trying to find
for the admission of evidence as basis for the claims
additional witnesses, no during the pendency of the case.
other witness or affidavit The failure to comply with the
shall be heard or admitted same shall prevent the party
by the court; and filing the pleading from
(c) Documentary and object presenting a witness not
evidence in support of the mentioned in said pleading,
allegations contained in the unless there are meritorious
Pleading. reasons to allow the same.
Notably, as mentioned, a
Motion is not a pleading and
hence, it appears that the
motion would not require
attaching and stating therein
the foregoing requirements.
Rule 8, Section 1, paragraphs 1 and 2 under the old and amended rules
In General. Every pleading shall In general. Every pleading shall The amended first paragraph
contain in a methodical and logical contain in a methodical and deletes the statement that the
form, a plain, concise and direct logical form, a plain, concise and evidentiary facts should be
statement of the ultimate facts on direct statement of the ultimate omitted and instead, requires
which the party pleading relies for facts, including the evidence the inclusion of the evidence.
his claim or defense, as the case on which the party pleading The pleading, such as the
may be, omitting the statement of relies for his or her claim or complaint, is not anymore
mere evidentiary facts. defense, as the case may be, limited to ultimate facts. This
omitting the statement of mere should be read with Section 6,
evidentiary facts Rule 7, which requires the
witnesses, the summaries of
their testimonies and their
judicial affidavits and
documentary and object
evidence to already be
included in the pleading.
Otherwise, the party filing the
pleading will be prevented
from presenting witnesses
during trial not included in the
pleading, except for meritorious
reasons.

Rule 8, Sec. 6
In pleading a judgment or decision In pleading a The amendment is in line with
of a domestic or foreign court, judgment or decision of a including evidence to the
judicial or quasijudicial tribunal, domestic or foreign court, pleading. An authenticated
or of a board or officer, it is judicial or quasi-judicial copy of the judgment is
sufficient to aver the judgment or tribunal, or of a board or officer, evidence thereof.

8
 Aubrey Cortez - JD 2B

decision without setting forth it is sufficient to aver the

matter showing jurisdiction to judgment or decision without
render it. setting forth matter showing
jurisdiction to render it. An
authenticated copy of the
judgment or decision shall
be attached to the pleading

Rule 8, Sec. 7
Action or Defense Based on Action or Defense Based on With the amendment, the
Document. Whenever an action or Document. Whenever an action second manner of pleading an
defense is based upon a written or defense is based upon a actionable document no
instrument or document, the written instrument or document, longer applies. The substance
substance of such instrument or the substance of such instrument of the actionable document
document shall be set forth in the or document shall be set forth in must be alleged in the pleading
pleading, and the original or a the pleading, and the original or and a copy thereof must be
copy thereof shall be attached to a copy thereof shall be attached attached. Copying the
the pleading as an exhibit, which to the pleading as an exhibit, instrument in the pleading
shall be deemed to be a part of the which shall be deemed to be a will no longer suffice.
pleading, or said copy may with part of the pleading, or said copy
like effect be set forth in the may with like effect be set forth
pleading. in the pleading

Rule 8, Sec. 8
How to Contest Such Documents. How to Contest Such The provision is essentially
When an action or defense is Documents. the same except for the deletion
founded upon a written When an action or defense is of the second manner of
instrument, copied in or attached founded upon a written pleading an actionable
to the corresponding pleading as instrument, copied in or document (by copying the
provided in the preceding section, attached to the corresponding instrument in the pleading),
the genuineness and due pleading as provided in the and the amendment to address
execution of the instrument shall preceding section, the gender sensitivity
be deemed admitted unless the genuineness and due execution
adverse party, under oath, of the instrument shall be
specifically denies them, and sets deemed admitted unless the
forth what he claims to be the adverse party, under oath
facts; but the requirement of an specifically denies them, and sets
oath does not apply when the forth what he or she claims to be
adverse party does not appear to the facts; but the requirement of
be a party to the instrument or an oath does not apply when the
when compliance with an order for adverse party does not appear to
an inspection of the original be a party to the instrument or
instrument is refused. when compliance with an order
for an inspection of the original
instrument is refused

Rule 8 Sec. 11
Allegations Not Specifically Allegations Not Specifically The amendment changes the
Denied Deemed Admitted. Denied Deemed Admitted. term “material averment” into
Material averment in the Material averments in a plural form. Instead stating
complaint, other than those as to pleading asserting a claim or that the material averment is
the amount of unliquidated claims, other than those as to the in the complaint, it is amended
damages, shall be deemed amount of unliquidated to state that it is in a pleading
admitted when not specifically damages, shall be deemed asserting a claim or claims. The
denied. Allegations of usury in a admitted when not specifically provision on allegations of usury
complaint to recover usurious denied. Allegations of usury in a in a complaint was deleted,
interest are deemed admitted if complaint to recover usurious probably because of the
not denied under oath interest are deemed admitted if suspension of the Usury Law
not denied under oath

9
 Aubrey Cortez - JD 2B

Rule 8, Sec. 12
Striking Out of Pleading or Matter Affirmative Defenses. (a) A The old Section 12 was moved
Contained Therein. — Upon defendant shall raise his or to Section 13, and a new
motion made by a party before her affirmative defenses in section 12 on Affirmative
responding to a pleading or, if no his or her answer, which Defenses was inserted.
responsive pleading is permitted shall be limited to the It should be read with Rule 6,
by these Rules, upon motion reasons set forth under Section 5(b)
made by a party within twenty Section 5 (b),Rule 6, and
(20) days after the service of the the following grounds: The new amendment also
pleading upon him, or upon the 1. That the court provides that the failure to
court's own initiative at any time, has no jurisdiction over the raise the affirmative defenses
the court may order any pleading person of the defending at the earliest opportunity
to be stricken out or that any sham party; shall be a waiver thereof,
or false, redundant, immaterial, 2. That venue is improperly without prejudice to the non-
impertinent, or scandalous matter laid; waivable grounds.
be stricken out therefrom 3. That the plaintiff has no
legal capacity to sue; The amendment also requires
4. That the pleading the courts to resolve the
asserting the claim states no foregoing affirmative defenses
cause of action; and 5. That within 30 days from filing
a condition precedent thereof, upon its own initiative.
for filing the claim has not This is a new inclusion not
been complied with. found under the old rules. In
(b) Failure to raise the fact, based on the old rules,
affirmative defenses at the courts would desist from ruling
earliest opportunity shall on the affirmative defenses and
constitute a waiver thereof. instead proceed to trial. Now,
(c) The court shall motu courts are required to rule on
proprio resolve the above the affirmative defenses within
affirmative defenses within the prescribed period.
thirty (30) calendar days There may be a summary
from the filing of the hearing on the affirmative
answer. defenses within 15 calendar
(d) As to the other days from the filing of answer,
affirmative defenses under if based on the grounds in
the first paragraph of Section 5 (b), Rule 6. If there is
Section 5 (b),Rule a summary hearing, the
6, the court may conduct a affirmative defenses shall be
summary hearing within resolved within 30 calendar
fifteen (15) calendar days days from the termination of
from the filing of the said hearing.
answer. Such affirmative The amendment also
defenses shall be resolved categorically provides that if
by the court within thirty the affirmative defenses are
(30) calendar days from denied, a motion for
the termination of the reconsideration to assail the
summary hearing. order of denial shall not be
(e) Affirmative defenses, if the subject of a motion for
denied, shall not be the reconsideration or petition
subject of a motion for for certiorari, prohibition
reconsideration or petition or mandamus, but may be
for certiorari prohibition or among the matters to be
mandamus, but may be raised on appeal after a
among the matters to be judgment on the merits. This
raised on appeal after a means that from the denial of
judgment on the merits the affirmative defenses, the
case will just proceed to trial.

Rule 8, Sec. 13
No Section 13. But the amended Striking Out of Pleading or The former Section 12 was

10
 Aubrey Cortez - JD 2B

provision pertains to the old Matter Contained Therein. Upon moved to Section 13. The
Section 12: Striking Out of motion made by a party before provision is essentially the
Pleading or Matter Contained responding to a pleading or, if no same except for the addition
Therein. Upon motion made by a responsive pleading is permitted of the word “calendar” to qualify
party before responding to a by these Rules, upon motion the 20-day period stated
pleading or, if no responsive made by a party within twenty therein, and the amendment to
pleading is permitted by these (20) calendar days after the address gender sensitivity.
Rules, upon motion made by a service of the pleading upon
party within twenty (20) days after him or her, or upon the court's
the service of the pleading upon own initiative at any time, the
him, or upon the court's own court may order any pleading to
initiative at any time, the court be stricken out or that any sham
may order any pleading to be or false, redundant, immaterial,
stricken out or that any sham or impertinent, or scandalous
false, redundant, immaterial, matter be stricken out therefrom
impertinent, or scandalous matter
be stricken out therefrom
Rule 10, Sec. 2
Amendments as a matter of right. Amendments as a matter of Amendment qualified the
A party may amend his pleading right. A party may amend his period of 10 days to 10 calendar
once as a matter of right at any pleading once as a matter of right days
time before a responsive pleading at any time before a responsive
is served or, in the case of a reply, pleading is served or, in the
at any time within ten (10) days case of a reply, at any time within
after it is served ten (10) calendar days after it is
served
Rule 10 Sec. 3
Amendments by Leave of Court. — Amendments by Leave of Court. The amendment makes it not
Except as provided in the next Except as provided in the next merely directory but mandatory
preceding section, substantial preceding Section, substantial for the court to deny leave if the
amendments may be made only amendments may be made only motion was made with intent to
upon leave of court. But such upon leave of court. But such delay, confer jurisdiction on the
leave may be refused if it appears leave shall be refused if it court, or the pleading stated
to the court that the motion was appears to the court that the no cause of action from the
made with intent to delay motion was made with intent to beginning which could be
delay or confer jurisdiction amended.
on the court, or the pleading
stated no cause of action
from the beginning which
could be amended.
Rule 10 Sec. 5
Amendment to Conform to or No Amendment Necessary to Under the old rules, when
Authorize Presentation of Conform to or Authorize evidence not within the issues
Evidence.When issues not raised Presentation of Evidence. When raised in the pleadings is
by the pleadings are tried with the issues not raised by the pleadings presented by the parties
express or implied consent of the are tried with the express or during the trial, the pleadings
parties, they shall be treated in all implied consent of the parties, are subsequently amended on
respects as if they had been raised they shall be treated in all motion of a party to conform
in the pleadings. Such amendment respects as if they had been to such evidence. Thus, a
of the pleadings as may be raised in the pleadings. No complaint which fails to state
necessary to cause them to amendment of such pleadings a cause of action may be cured
conform to the evidence and to deemed amended is necessary by evidence presented during
raise these issues may be made to cause them to conform to the the trial. (Swagman Hotels &
upon motion of any party at any evidence. Travel Inc. v. Court of Appeals,
time, even after judgment; but G.R. No. 161135, April 8, 2005)
failure to amend does not affect The amended rules provide,
the result of the trial of these that the issues not raised in
issues. If evidence is objected to at the pleadings but tried with
the trial on the ground that it is the consent of the parties shall
not within the issues made by the already be treated as if they
pleadings, the court may allow had been raised in the pleadings

11
 Aubrey Cortez - JD 2B

the pleadings to be amended and and as such, there

shall do so with liberality if the no need to amend the pleadings
presentation of the merits of the to conform to evidence, as they
action and the ends of substantial are deemed amended already.
justice will be subserved thereby. Thus, the amendment, even
The court may grant a by the title of the section,
continuance to enable the provides that No amendment
amendment to be made. is necessary to conform to or
authorize presentation of
evidence.
Rule 10, Sec. 8
Effect of amended pleadings. An Admissibility of evidence. — The exclusionary rule under the
amended pleading supersedes the Evidence is admissible when it is Constitution was included, but
pleading that it amends. However, relevant to the issue and is not even before the amendment, the
admissions in superseded term “law” was understood to
excluded by the Constitution,
pleadings may be received in encompass the constitution.
evidence against the pleader; and the law of these rules.
claims or defenses alleged therein
not incorporated in the amended
pleading shall be deemed waived
Rule 11, Sec. 1
Answer to the complaint. The Answer to the complaint. The There is a longer period within
defendant shall file his answer to defendant shall file his or her which to file an answer under
the complaint within fifteen (15) answer to the complaint within the amended rule. It was
days after service of summons, increased from 15 to 30 days.
thirty (30) calendar days after
unless a different period is fixed by And the period is also qualified
the court service of summons, unless a by calendar days. There is also
different period is fixed by the an amendment to address
court gender sensitivity
Rule 11, Sec. 2.
Answer of a defendant foreign Answer of a defendant foreign The amendment increased the
private juridical entity. Where the private juridical entity. Where and qualified the period from 30
defendant is a foreign private the defendant is a foreign private days to 60 calendar days
juridical entity and service of
juridical entity and service of
summons is made on the
government official designated by summons is made on the
law to receive the same, the government official designated
answer shall be filed within thirty by law to receive the same, the
(30) days after receipt of answer shall be filed within sixty
summons by such entity. (60) calendar days after
receipt of summons by such
entity
Rule 11, Sec. 3
Answer to Amended Complaint. Answer to Amended Complaint. The first paragraph is amended
Where the plaintiff files an Where the plaintiff files an with an increased the and
amended complaint as a matter of amended complaint as a matter qualified period - from 15 days
right, the defendant shall answer to 30 calendar days.
of right, the defendant shall
the same within fifteen (15) days
after being served with a copy answer the same within thirty The second paragraph is
thereof. Where its filing is not a (30) calendar days after being amended with an increased the
matter of right, the defendant served with a copy thereof. and qualified period - from 10
shall answer the amended Where its filing is not a matter of days to 15 calendar days.
complaint within ten (10) days right, the defendant shall answer
from notice of the order of the amended complaint within The third paragraph only
admitting the same. An answer changed “the” to “an”.
fifteen (15) calendar days
earlier filed may serve as the
answer to the amended complaint from notice of the order of
if no new answer is filed. This Rule admitting the same. An answer
shall apply to the answer to an earlier filed may serve as the
amended counterclaim, amended answer to the amended

12
 Aubrey Cortez - JD 2B

crossclaim, amended third (fourth, complaint if no new answer is

etc.)-party complaint, and filed. This Rule shall apply to an
amended complaint-in answer to an amended
intervention
counterclaim, amended
crossclaim, amended third
(fourth, etc.)-party complaint,
and amended complaint-
inintervention
Rule 11, Sec. 4
Answer to counterclaim or Answer to counterclaim or The amendment increased the
crossclaim. A counterclaim or crossclaim. A counterclaim or and qualified the period from 10
crossclaim must be answered crossclaim must be answered days to 20 calendar days.
within ten (10) days from service.
within twenty (20) calendar
days from service
Rue 11, Sec. 6
Reply. A reply may be filed within Reply. A reply, if allowed under The amendment should be read
ten (10) days from service of the Section 10, Rule 6 hereof, may be with Rule 6, Section 10, on the
pleading responded to. filed within fifteen (15) calendar instances when a reply may only
be filed. In which case, the
days from service of the pleading
period to file, if allowed, under
responded to. the amended rule was increased
and qualified – from 10 days to
15 calendar days.
Rule 11, Sec. 7
Answer to supplemental Answer to supplemental The amendment increased the
complaint. A supplemental complaint. A supplemental and qualified the period from 10
complaint may be answered within complaint may be answered days to 20 calendar days.
ten (10) days from notice of the
within twenty (20) calendar
order admitting the same, unless a
different period is fixed by the days from notice of the order
court. The answer to the complaint admitting the same, unless a
shall serve as the answer to the different period is fixed by the
supplemental complaint if no new court. The answer to the
or supplemental answer is filed. complaint shall serve as the
answer to the supplemental
complaint if no new or
supplemental answer is filed.
Rule 12, Sec. 3
Compliance with Order. If the Compliance with Order. If the The period was changed from 10
motion is granted, either in whole motion is granted, either in days to 10 calendar days.
or in part, the compliance whole or in part, the compliance
therewith must be effected within
therewith must be effected
ten (10) days from notice of the
order, unless a different period is within ten (10) calendar days
fixed by the court. The bill of from notice of the order, unless a
particulars or a more definite different period is fixed by the
statement ordered by the court court. The bill of particulars or a
may be filed either in a separate or more definite statement ordered
in an amended pleading, serving a by the court may be filed either
copy thereof on the adverse party
in a separate or in an amended
pleading, serving a copy thereof
on the adverse party
Rule 13, Sec. 1
Coverage. This Rule shall govern Coverage. This Rule shall govern The old rule used the term
the filing of all pleadings and other the filing of all pleadings, “pleadings and other papers”,
papers, as well as the service motions and other court which could have contemplated
thereof, except those for which a the term used under the
submissions, as well as the

13
 Aubrey Cortez - JD 2B

different mode of service is service thereof, except those for amendment. In any case, the
prescribed. which a different mode of service amendment specifies that the
is prescribed. rule also covers motions and
other court submissions, in
addition to pleadings. The
revision may also contemplate
filings of submissions that are
not paper-based, such as those
made by e-mail.
Rule 13, Sec. 2
Filing and Service, Defined. — Filing and Service, Defined. — The definition of filing is
Filing is the act of presenting the Filing is the act of submitting the amended from presenting the
pleading or other paper to the pleading or other paper to the pleading to submitting the
clerk of court. pleading. The amendment also
court.
changed the entity with whom
Service is the act of providing a the filing is done. Previously it is
party with a copy of the pleading Service is the act of providing a done by presenting the pleading
or paper concerned. If any party party with a copy of the pleading to the clerk of court. With the
has appeared by counsel, service or or any other court submission. amendment, it is done when the
upon him shall be made upon his If a party has appeared by pleading is submitted to court.
counsel or one of them, unless counsel, service upon such party
service upon the party himself is The amendment includes those
shall be made upon his or her
ordered by the court that address gender sensitivity.
counsel or one of them, unless The service of paper was
Where one counsel appears for service upon the party and the amended to any other court
several parties, he shall only be party’s counsel is ordered by the submission. Any party was also
entitled to one copy of any paper court. amended to a party.
served upon him by the opposite
side. Where one counsel appears for Under the old rule, service is
made through counsel, if a party
several parties, such counsel
has appeared by counsel, unless
shall only be entitled to one copy service upon the party himself is
of any paper served upon him by ordered by the court. With the
the opposite side. amendment, if a party appears
by counsel service shall be made
Where several counsels upon counsel, unless the court
orders service upon both the
appear for one party, such
counsel and the party. This
party shall be entitled to provision is the same except that
only one copy of any “he”, referring to the counsel,
pleading or paper to be was changed to “such counsel”.
served upon the lead
counsel if one is designated The last paragraph is a mew
or upon any one of them is insertion. It provides for
instances when a party is
there no designation of a
represented by several counsels.
lead counsel. Service upon one of them, the
designated lead counsel or any
one of the is there is no
designation, is sufficient
Rule 13, Sec. 3
Manner of Filing. The filing of Manner of Filing. The filing of The old rule specified what may
pleadings, appearances, motions, pleadings and other court be filed, i.e., pleadings,
notices, orders, judgments and all submissions shall be made by: appearances, notices, orders,
other papers shall be made by judgments and all other papers.
presenting the original copies The amendment lumped them
thereof, plainly indicated as such, (a) Submitting personally all under a single term of other
personally to the clerk of court or the original thereof, plainly court submissions. Under the
by sending them by registered indicated as such, to the old rule, there were 2 ways of
mail. court; filing: (1) personal; and (2)
In the first case, the clerk of court (b) Sending them by registered mail. The amended

14
 Aubrey Cortez - JD 2B

shall endorse on the pleading the registered mail; rule has 4 ways of filing: (1)
date and hour of filing. In the (c) Sending them by personal; (2) registered; (3)
second case, the date of the accredited courier; or accredited courier; and (4) e-
mailing of motions, pleadings, or mail or other electronic means.
(d) Transmitting them by
any other papers or payments or Also, under the old rule,
deposits, as shown by the post electronic mail or other persona; filing is done by
office stamp on the envelope or electronic means as may be presenting the original copy to
the registry receipt, shall be authorized by the Court in the clerk of court. The
considered as the date of their places where the court is amendment states that it is
filing, payment, or deposit in electronically equipped. made with the court and not the
court. The envelope shall be clerk of court. The old and
attached to the record of the case amended provisions are the
In the first case, the clerk of
same as to what happens when
court shall endorse on the there is personal filing: the clerk
pleading the date and hour of of court shall endorse on the
filing. In the second and third pleading the date and hour of
cases, the date of the mailing of filing. With the amendment, the
motions, pleadings, and other manner of filing for the
court submissions, and payments registered and courier service is
the same: the date of mailing as
or deposits, as shown by the post
shown by the post office stamp
office stamp on the envelope or on the envelope or the registry
the registry receipt, shall be receipt shall be considered the
considered as the date of their date of filing in court. Note that
filing, payment, or deposit in the old and new rules provide
court. The envelope shall be for payment or deposit in court
through registered mail which is
attached to the record of the
deemed done by the post office
case. In the fourth case, the stamp on the envelope or the
date of electronic registry receipt. The date of
transmission shall be payment is the date of mailing.
considered as the date of This now applies to courier
filing. service. However, with
registered mail, there is postal
money order to make the
payment, such as of filing fees. It
is not clear under the rules how
payment of filing fees and other
docket fees may be made if filing
is by courier, email or other
electronic means.

Under the last manner of filing,

i.e., by electronic means, the
date of filing is the date of
electronic transmission. This is
also a new insertion
Rule 13, Sec. 5
Modes of service. Service of Modes of Service. Service of With the amendment, the
pleadings, motions, notices, Pleadings, motions, notices, service of pleadings and other
orders, judgments and other orders, judgments, and other motions, notices, orders,
papers shall be made either judgments, and other court
court submissions shall be
personally or by mail submissions may be made
served either personally or by personally, by registered mail,
registered mail, accredited accredited courier, electronic
courier, electronic mail, facsimile mal, facsimile transmission and
transmission, other electronic
other electronic means as
means as may be authorized by the
authorized by court or as
Court, or as provided for in
international conventions to which
provided for in the international
the Philippines is a party. conventions to which the
Philippines is a party.

15
Aubrey Cortez - JD 2B

16