Notes on 2020 civil procedure

The 2019 Proposed Amendments to the 1997 Rules of Civil Procedure shall govern all cases filed after their effectivity on May 1, 2020, and also all pending proceedings, except to the extent that in the opinion of the court, their application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern.

The application and adherence to the said amendments shall be subject to periodic  monitoring  by  the  Sub-Committee,  through  the  Office  of the Court Administrator (OCA). For this purpose, all courts covered by the said amendments shall accomplish and submit a periodic report of data in a form to be generated and distributed by the OCA.

All rules, resolutions, regulations or circulars of the Supreme Court or parts thereof that are inconsistent with any provision of the said amendments are hereby deemed repealed or modified accordingly.

RESPONSIVE PLEADINGS

An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer.

Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment.

A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by the Rules of Court.

A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.  Such cross-claim may cover all or part of the original claim.

All  new  matters  alleged  in  the  answer  are  deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint.  However,  the  plaintiff  may  file  a  reply  only  if the defending party attaches an actionable document to his or her answer.

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.

The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where: (a) the third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave; (b) matters extraneous to the issue in the principal case are raised; or (c) the effect would be to introduce a new and separate controversy into the action.

The signature of counsel constitutes a certificate by him or her that he or she has read  the  pleading  and  document;  that  to  the  best  of  his  or  her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

1. It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
2. The claims, defenses, and other legal contentions are warranted by existing law  or  jurisprudence,  or  by  a  non-frivolous  argument  for  extending, modifying, or reversing existing jurisprudence;
3. The  factual  contentions  have  evidentiary  support  or,  if  specifically  so identified, will likely have evidentiary support after availment of the modes of discovery under these rules; and
4. The  denials  of  factual  contentions  are  warranted  on  the  evidence  or,  if specifically  so  identified,  are  reasonably  based  on  belief  or  a lack of information.

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

A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a special power of attorney, should be attached to the pleading, and shall allege the following attestations:  (a) The allegations in the pleading are true and correct based on his or her personal knowledge, or based on authentic documents; (b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and (c) The factual allegations therein have evidentiary support or, if specifically so identified,  will  likewise  have  evidentiary  support  after  a  reasonable opportunity for discovery. The signature of the affiant shall further serve as a certification of the truthfulness of the allegations in the pleading.

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 pleading.

Every pleading stating a party’s claims or defenses shall, in addition to those mandated by Section 2, Rule 7, state the following: (a) Names of witnesses who will be presented to prove a party’s claim or defense;  (b) Summary of the witnesses’ intended testimonies, provided that the judicial affidavits of said witnesses shall be attached to the pleading and form an integral part thereof.  Only witnesses whose judicial affidavits are attached to the pleading shall be presented by the parties during trial. Except if a party presents  meritorious  reasons  as  basis  for  the  admission  of  additional witnesses, no other witness or affidavit shall be heard or admitted by the court; and (c) Documentary and object evidence in support of the allegations contained in the pleading.

MANNER OF PLEADING; AVERMENTS

Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts, including the evidence on which the party pleading relies for his or her claim or defense, as the case may be. If a cause of action or defense relied on is based on law, the pertinent provisions thereof and their applicability to him or her shall be clearly and concisely stated.

In pleading and alleging a judgment, an authenticated copy of the judgment or decision shall be attached to the pleading.

Material averments in a pleading asserting a claim or claims, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied.

A defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds:

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

Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof.

The court shall motu proprio resolve the above affirmative defenses within thirty (30) calendar days from the filing of the answer.

As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court may conduct a summary hearing within fifteen (15) calendar days from the filing of the answer.  Such affirmative defenses shall be resolved by the court within thirty (30) calendar days from the termination of the summary hearing.

Affirmative  defenses,  if  denied,  shall  not  be  the  subject  of  a  motion  for reconsideration or petition for certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a judgment on the merits.

Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these Rules, upon motion made by a party within twenty (20) calendar days after the service of the pleading upon him or her, or upon the court's own initiative at any time, the court may order any pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom.

If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to answer, the court shall  order  the  Solicitor  General  or  his  or  her  deputized  public  prosecutor,  to investigate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated.

Except  as  provided  in  the  next preceding Section, substantial amendments may be made only upon leave of court. But such leave shall be refused if it appears to the court that the motion was made with intent to delay or confer jurisdiction on the court, or the pleading stated no cause of action from the beginning which could be amended. Orders of the court upon the matters provided in Section 3 (Rule 10) shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard.

When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised  in  the  pleadings.  No  amendment  of  such  pleadings  deemed amended  is necessary to cause them to conform to the evidence.

An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be offeredin evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.

FILING AN ANSWER

The defendant shall file his or her answer to the complaint within thirty (30) calendar days after service of summons, unless a different period is fixed by the court.

SERVICE OF SUMMONS

Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within sixty (60) calendar days after receipt of summons by such entity.

When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within thirty (30) calendar days after being served with a copy thereof.  Where its filing is not a matter of right, the defendant shall answer the amended complaint within fifteen (15) calendar days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed.

A counterclaim or cross-claim must be answered within twenty (20) calendar days from service.

A reply, if allowed under Section 10, Rule 6 hereof, may be filed within fifteen (15) calendar days from service of the pleading responded to.

A supplemental complaint may be answered within twenty (20) calendar days from notice of the order admitting the same, unless a different period is fixed by the court. The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed.

A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30) calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an answer.

A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by the Rules of Court.

Where several counsels appear for one party, such party shall be entitled to only one copy of any pleading or paper to be served upon the lead counsel if one is designated, or upon any one of them if there is no designation of a lead counsel.

The filing of pleadings and other court submissions shall be made by:  (a) Submitting personally the original thereof, plainly indicated as such, to the court; (b) Sending them by registered mail; (c) Sending them by accredited courier; or  (d) Transmitting them by electronic mail or other electronic means as may be authorized by the Court in places where the court is electronically equipped.

In the first case, the clerk of court shall endorse on the pleading the date and hour of filing. In the second and third cases, the date of the mailing of motions, pleadings, and other court submissions, and payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in court. The envelope shall be attached to the record of the case. In the fourth case, the date of electronic transmission shall be considered as the date of filing.

Pleadings, motions, notices, orders, judgments, and other court submissions shall be served personally or by registered mail, accredited courier, electronic mail, facsimile transmission, other electronic means as may be authorized by the Court, or as provided for in international conventions to which the Philippines is a party.

Court submissions may be served by personal delivery of a copy to the party or to the party’s counsel, or to their authorized representative named in the appropriate pleading or motion, or by leaving it in his or her office with his or her clerk, or with a person having charge thereof. If no person is found in his or her office, or his or her office is not known, or he or she has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion residing therein.

Service by electronic means and facsimile shall be made if the party concerned consents to such modes of service. Service by electronic means shall be made by sending an e-mail to the party’s or counsel’s electronic mail address, or through other electronic means of transmission as the parties may agree on, or upon direction of the court. Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number.

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

A party who changes his or her electronic mail address or facsimile number while the action is pending must promptly file, within five (5) calendar days from such change, a notice of change of e-mail address or facsimile number with the court and serve the notice on all other parties.  Service through the electronic mail address or facsimile number of a party shall be presumed  valid  unless  such  party  notifies  the  court  of  any  change,  as aforementioned.

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

Judgments, final orders, or resolutions shall be served either personally or by registered mail. Upon ex  parte motion of any party in the case, a copy of the judgment, final order, or resolution may be delivered by accredited courier at the expense of such party. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him or her shall be served upon him or her also by means of publication at the expense of the prevailing party.

Notwithstanding  the  foregoing,  the  following  orders,  pleadings,  and  other documents must be served or filed personally or by registered mail when allowed, and shall not be served or filed electronically, unless express permission is granted by the Court: (a) Initiatory pleadings and initial responsive pleadings, such as an answer; (b) Subpoenae, protection orders, and writs; (c) Appendices and exhibits to motions, or other documents that are not readily amenable to electronic scanning may, at the option of the party filing such, be filed and served conventionally; and (d) Sealed and confidential documents or records.

Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of ten (10) calendar  days  after  mailing,  unless  the  court  otherwise  provides.  Service  by registered mail is complete upon actual receipt by the addressee, or after five (5) calendar days from the date he or she received the first notice of the postmaster, whichever date is earlier. Service by accredited courier is complete upon actual receipt by the addressee, or after at least two (2) attempts to deliver by the courier service, or upon the expiration of five (5) calendar days after the first attempt to deliver, whichever is earlier. Electronic service is complete at the time of the electronic transmission of the document, or when available, at the time that the electronic notification of service of the document is sent.  Electronic service is not effective or complete if the party serving the document learns that it did not reach the addressee or person to be served. Service by facsimile transmission is complete upon receipt by the other party, as indicated in the facsimile transmission printout.

If the pleading or any other court submission was filed through an accredited courier service, the filing shall be proven by an affidavit of service of the person who brought the pleading or other document to the service provider, together with the courier’s official receipt and document tracking number.

If the pleading or any other court submission was filed by electronic mail, the same shall be proven by an affidavit of electronic filing of the filing party accompanied by a paper copy of the pleading or other document transmitted or a written or stamped acknowledgment of its filing by the clerk of court. If the paper copy sent by electronic mail was filed by registered mail, by the registry receipt and by the affidavit of the person who mailed it, containing a full statement of the date and place of deposit of the mail in the post office in a sealed envelope addressed to the court, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) calendar days if not delivered.

If  the  pleading  or  any  other  court  submission  was  filed  through other authorized electronic means, the same shall be proven by an affidavit of electronic filing of the filing party accompanied by a copy of the electronic acknowledgment of its filing by the court.

If service is made via accredited courier service, proof shall be made by an affidavit of service executed  by  the  person  who  brought  the  pleading  or  paper  to  the  service provider,  together  with  the  courier’s  official  receipt  or  document  tracking number.

If service is made via electronic mail, facsimile, or other authorized electronic means of transmission, proof shall be made by an affidavit of service executed by the person who sent the e-mail, facsimile, or other electronic transmission, together with a printed proof of transmittal.

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

SUMMONS; SERVICE OF SUMMONS

Unless the complaint is on its face dismissible under Section 1, Rule 9, the court shall, within five (5) calendar days from receipt of the initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of court to issue the corresponding summons to the defendants.

When authorized by the court upon ex parte motion, [the court may give] an authorization for the plaintiff to serve summons to the defendant. The summons may be served by the sheriff, his or her deputy, or other proper court officer, and in case of failure of service of summons by them, the court may authorize the plaintiff - to serve the summons - together with the sheriff.

In cases where summons is to be served outside the judicial region of the court where the case is pending, the plaintiff shall be authorized to cause the service of summons.

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

If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be meted appropriate sanctions.

If summons is returned without being served on any or all the defendants, the court shall order the plaintiff to cause the service of summons by other means available under the Rules of Court. Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice.

Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss or destruction of summons, the court may, upon motion, issue an alias summons. There is failure of service after unsuccessful attempts to personally serve the summons  on  the  defendant  in  his  or  her  address  indicated  in  the  complaint.

Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person and informing the defendant that he or she is being served, or, if he or she refuses to receive and sign for it, by leaving the summons within the view and in the presence of the defendant.

If, for justifiable causes, the defendant cannot be served personally after at least three (3) attempts on two (2) different dates, service may be effected: (a) By leaving copies of the summons at the defendant's residence to a person at least eighteen (18) years of age and of sufficient discretion residing therein; (b) By leaving copies of the summons at the defendant's office or regular place of business with some competent person in charge thereof. A competent person includes, but is not limited to, one who customarily receives correspondences for the defendant; (c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the officers of the homeowners’ association or condominium corporation, or its chief security officer in charge of the community or the building where the defendant may be found; and (d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court.

When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him or her by the officer having the management of such jail or institution who is deemed as a special sheriff for said purpose. The jail warden shall file a return within five (5) calendar days from service of summons to the defendant.

Service may be made  through  methods  which  are  consistent  with  established  international conventions to which the Philippines is a party.

When spouses are sued jointly, service of summons should be made to each spouse individually.

When the defendant is  a  corporation,  partnership  or  association  organized  under  the  laws  of  the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel of the corporation wherever they may be found, or in their absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on the receiver or liquidator, as the case may be.

Where the summons is improperly served and a lawyer makes a special appearance on behalf of the defendant to, among others, question the validity of service of summons, the counsel shall be deputized by the court to serve summons on his or her client.

If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected outside of the Philippines through any of the following means: (a) By personal service coursed through the appropriate court in the foreign country with the assistance of the department of foreign affairs; (b) By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant; (c) By facsimile; (d) By electronic means with the prescribed proof of service; or (e) By such other means as the court, in its discretion, may direct.

In any action where the defendant is designated as an unknown owner, or the like, or whenever his or her whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar days from the commencement of the  action,  service  may,  by  leave  of  court,  be  effected  upon  him or her by publication in a newspaper of general circulation and in such places and for such time as the court may order. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.

Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt thereof, the sheriff or process server, or person authorized by the court, shall complete its service. Within five (5) calendar days from service of summons, the server shall file with the court and serve a copy of the return to the plaintiff’s counsel, personally, by registered mail, or by electronic means authorized by the Rules.

Should substituted service have been effected, the return shall state the following: (1)The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and receipt of summons; (2) The date and time of the three (3) attempts on at least (2) two different dates to cause personal service and the details of the inquiries made to locate the defendant residing thereat; and (3) The name of the person at least eighteen (18) years of age and of sufficient discretion  residing  thereat,  name  of  competent  person  in  charge of the defendant’s office or regular place of business, or name of the officer of the homeowners’ association or condominium corporation or its chief security officer in charge of the community or building where the defendant may be found.

The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and date of service; shall specify any papers which have been served with the process and the name of the person who received the same; and shall be sworn to when made by a person other than a sheriff or his or her deputy. If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as served, and the affidavit of the person mailing, shall constitute as proof of service.

MOTIONS

All motions shall be in writing except those made in open court or in the course of a hearing or trial. A  motion  made  in  open  court  or  in  the  course  of  a  hearing  or  trial  should immediately  be  resolved  in  open court,  after  the  adverse  party is  given  the opportunity to argue his or her opposition thereto.

When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

Motions which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions. These motions include:  a) Motion for the issuance of an alias summons; b) Motion for extension to file answer; c) Motion for postponement; d) Motion for the issuance of a writ of execution; e) Motion for the issuance of an alias writ of execution; f) Motion for the issuance of a writ of possession;  g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and h) Other similar motions. These motions shall not be set for hearing and shall be resolved by the court within five (5) calendar days from receipt thereof.

Litigious motions include: 1) Motion for bill of particulars; 2) Motion to dismiss; 3) Motion for new trial; 4) Motion for reconsideration; 5) Motion for execution pending appeal; 6) Motion to amend after a responsive pleading has been filed; 7) Motion to cancel statutory lien;  8) Motion for an order to break in or for a writ of demolition;  9) Motion for intervention; 10) Motion for judgment on the pleadings; 11) Motion for summary judgment; 12) Demurrer to evidence; 13) Motion to declare defendant in default; and 14) Other similar motions.

All [litigious?] motions shall be served by personal service, accredited private courier or registered mail, or electronic means so as to ensure their receipt by the other party.

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

The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to file such opposition.

The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing.

Except for motions requiring immediate action, where the court decides to conduct hearing on a litigious motion, the same shall be set on a Friday.

The following motions shall not be allowed: (a)Motion to dismiss except on the following grounds: 1)That the court has no jurisdiction over the subject matter of the claim; 2)That there is another action pending between the same parties for the same cause; and 3)That the cause of action is barred by a prior judgment or by the statute of limitations; (b)Motion to hear affirmative defenses; (c)Motion for reconsideration of the court’s action on the affirmative defenses; (d)Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court; (e)Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for extension to file an answer as provided by Section 11, Rule 11; and (f)Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon.

A  motion  for  postponement,  whether  written  or  oral,  shall,  at  all  times,  be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date. The clerk of court shall not accept the motion unless accompanied by the original receipt.

Subject to the right of appeal, an order granting a motion to dismiss or an affirmative defense that the cause of action is barred by a prior judgment or by the statute of limitations; that the claim or demand set forth in the plaintiff’s pleading has been paid, waived, abandoned or otherwise extinguished; or that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds, shall bar the refiling of the same action or claim.

PRE-TRIAL STAGE

After the last responsive pleading has been served and filed, the branch clerk of court shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not later than sixty (60) calendar days from the filing of the last responsive pleading.

The  pre-trial  is  mandatory  and  should  be terminated promptly. [One of the consideration during the pre-trial shall be the] limitation of the number and identification of witnesses and the setting of trial dates.

[During pre-trial, parties are required to] Mark  their  respective  evidence  if  not  yet  marked  in  the  judicial affidavits of their witnesses; Examine and make comparisons of the adverse parties' evidence vis-a-vis the copies to be marked; Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties' evidence; Reserve evidence not available at the pre-trial, but only in the following manner: (i.) For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness; (ii.) For documentary evidence and other object evidence, by giving a particular description of the evidence. No reservation shall be allowed if not made in the manner described above.

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

The failure without just cause of a party and/or counsel to bring the evidence required shall be deemed a waiver of the presentation of such evidence.

The branch clerk of court shall prepare the minutes of the pre-trial[.]

The notice of pre-trial shall include the dates respectively set for: (a)Pre-trial; (b)Court-Annexed Mediation; and (c)Judicial Dispute Resolution, if necessary.

Non-appearance  at  any  of  the  foregoing  settings  shall  be  deemed  as  non-appearance at the pre-trial and shall merit the same sanctions under Section 5 [of Rule 18].

It shall be the duty of the parties and their counsel to appear at the pre-trial, court-annexed mediation, and judicial dispute resolution, if necessary. The non-appearance of a party and counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability.

A representative may appear on behalf of a party, but must be fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and documents.

When duly notified, the failure of the plaintiff and counsel to appear without valid cause when so required, pursuant to [Section 5, Rule 18], shall cause the dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence ex-parte within ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of the evidence offered.

The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least three (3) calendar days before the date of the pre-trial, their respective pre-trial briefs which shall contain, among others: (a) A concise statement of the case and the reliefs prayed for; (b) A summary of admitted facts and proposed stipulation of facts; (c) The main factual and legal issues to be tried or resolved; (d) The propriety of referral of factual issues to commissioners; (e) The documents or other object evidence to be marked, stating the purpose thereof; (f) The names of the witnesses, and the summary of their respective testimonies; and (g) A brief statement of points of law and citation of authorities.

Upon termination of the pre-trial, the court shall issue an order within ten (10) calendar days which shall recite in detail the matters taken up. The order shall include: (a) An enumeration of the admitted facts;  (b) The minutes of the pre-trial conference; (c) The legal and factual issue/s to be tried;  (d) The applicable law, rules, and jurisprudence; (e) The evidence marked; (f) The specific trial dates for continuous trial, which shall be within the period provided by the Rules; (g) The case flowchart to be determined by the court, which shall contain the different stages of the proceedings up to the promulgation of the decision and the use of time frames for each stage in setting the trial dates; (h) A statement that the one-day examination of witness rule and most important witness rule under A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly followed; and (i) A statement that the court shall render judgment on the pleadings or summary judgment, as the case may be.

The direct testimony of witnesses for the plaintiff shall be in the form of judicial affidavits.  After  the  identification  of  such  affidavits,  cross-examination  shall proceed immediately.

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

Should the opposing party fail to appear without valid cause stated in the next preceding paragraph, the presentation of the scheduled witness will proceed with the absent party being deemed to have waived the right to interpose objection and conduct cross-examination.

The contents of the pre-trial order shall control the subsequent proceedings, unless modified before trial to prevent manifest injustice.

Should there be no more controverted facts, or no more genuine issue as to any material fact, or an absence of any issue, or should the answer fail to tender an issue, the court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or summary judgment under Rule 35, motu proprio include in the pre-trial order that the case be submitted for summary judgment or judgment on  the  pleadings,  without  need  of  position  papers  or memoranda. In such cases, judgment shall be rendered within ninety (90) calendar days from termination of the pre-trial.  The order of the court to submit the case for judgment pursuant to this Rule shall not be the subject to appeal or certiorari.

COURT-ANNEXED MEDIATION & JUDICIAL DISPUTE RESOLUTION

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

The period for court-annexed mediation shall not exceed thirty (30) calendar days without further extension.

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

If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed upon.

All  proceedings  during  the  court-annexed  mediation  and  the  judicial  dispute resolution shall be confidential.

SUBPOENA

Service of a subpoena shall be made in the same manner as personal or substituted service of summons.  The original shall be exhibited and a copy thereof delivered to the person on whom it is served. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Costs for court attendance and the production of documents and other materials subject of the subpoena shall be tendered or charged accordingly.

DEPOSITIONS

Upon ex parte motion of a party, the testimony of any person, whether a party or not, may be taken by deposition  [pending action] upon  oral  examination or  written  interrogatories. The  attendance  of witnesses may be compelled by the use of a subpoena as provided in Rule 21. Depositions shall be taken only in accordance with these Rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

INTERROGATORIES TO PARTIES

Upon ex parte motion, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or,  if  the  party  served  is  a  public  or  private  corporation  or  a  partnership  or association, by any officer thereof competent to testify in its behalf.

TRIAL

The parties shall strictly observe the scheduled hearings as agreed upon and set forth in the pre-trial order.

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

1. The initial presentation of plaintiff’s evidence shall be set not later than thirty (30) calendar days after the termination of the pre-trial conference. Plaintiff shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days which shall include the date of the judicial dispute resolution, if necessary;
2. The initial presentation of defendant’s evidence shall be set not later than thirty (30)  calendar  days  after  the  court’s  ruling  on  plaintiff’s  formal  offer  of evidence. The defendant shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days;
3. The period for the presentation of evidence on the third (fourth, etc.) -party claim, counterclaim or cross-claim shall be determined by the court, the total of which shall in no case exceed ninety (90) calendar days; and
4. If  deemed  necessary,  the  court  shall  set  the  presentation  of  the  parties’ respective rebuttal evidence, which shall be completed within a period of thirty (30) calendar days.

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

The court shall decide and serve copies of its decision to the parties within a period not exceeding ninety (90) calendar days from the submission of the case for resolution, with or without memoranda.

A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient transaction of business may require, but shall have no power to adjourn a trial for a longer period than one month for each adjournment, nor more than three months in all, except when authorized in writing by the Court Administrator, Supreme Court. The party who caused the postponement is warned that the presentation of its evidence must still be terminated on the remaining dates previously agreed upon.

Trial shall be held from Monday to Thursday, and courts shall call the cases at exactly 8:30 a.m. and 2:00 p.m., pursuant to Administrative Circular No. 3-99. Hearing on motions shall be held on Fridays, pursuant to Section 8, Rule 15.

All courts shall ensure the posting of their court calendars outside their courtrooms at least one (1) day before the scheduled hearings, pursuant to OCA Circular No. 250-2015.

The offer of evidence, the comment or objection thereto, and the court ruling shall be made orally in accordance with Sections 34 to 40 of Rule 132.

DEMURRER TO EVIDENCE

A demurrer to evidence shall be subject to the provisions of Rule 15. The order denying the demurrer to evidence shall not be subject of an appeal or petition for certiorari, prohibition or mandamus before judgment.

JUDGMENT ON THE PLEADINGS

The court may motu proprio or on motion render judgment on the pleadings if it is apparent that the answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleadings. Otherwise, the motion shall be subject to the provisions of Rule 15 of these Rules. Any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or petition for certiorari, prohibition or mandamus.

SUMMARY JUDGMENTS

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