REVISED RULES ON CIVIL PROCEDURE

Pleading

The basics: Every pleading should state the ultimate facts that the allegations therein must be

based on ultimate facts.

1. Rule 8, Sec. 1
- Additional: “including evidence”
- Old rule: based on evidentiary facts and devoid of evidentiary matters.
o There was no need for evidence since it was alleged that evidence may be
presented during trial.
o The Supreme Court found that some lawyers were very good at crafting initiatory
pleadings that it would appear as if the ultimate facts supported by evidence
when, there exists none. Then, during trial, during the presentation of evidence,
the claiming party cannot provide evidence. Hence, this would delay the process.
- New rule: including evidence
o If you file a complaint today, under Rule 7, Sec. 6, the requirements are:
 1. Together with the pleading that lays your claim or defenses, you will
have to indicate the names of your witnesses.
 Under Rule 7, Sec. 6, you will have to give the court a summary of the
witness testimonies in the pleadings. You must attach the judicial
affidavit.
 Under the Judicial Affidavit Rule provides that you may submit the
Judicial Affidavit five (5) days before the pre-trial. However, it
also says you may submit the Judicial Affidavit five (5) days
before the presentation of evidence of your testimonial witness. In
the light of this, the new rule provides that you must include the
Judicial Affidavit in the pleading. You do not need to wait for pre-
trial and trial.
  Only witnesses with judicial affidavits attached to the pleading
may be considered or may be presented during trial.
 Note: Under the pre-trial provision in Rule 80, Sec. 2, reservation
of documentary and testimonial evidence is allowed. Here, you
may opt for reservation if you give the name, address, and the
nature of the testimony. If it relates to object evidence, reservation
may only be valid if you must give the description of the object.
 Documentary and object evidence in support of the allegations should
likewise be stated.
 When it is required to provide a copy of the documentary evidence
or to describe the object evidence, you must indicate that you are
ready to present it anytime the Court deems fit such as during pre-
trial for the purposes of examination.
 If the evidence is immovable, you must allege that such evidence is
available for inspection of the Court. This is where ocular
inspection applies.

The Period To File An Answer Is Longer

1. Rule 11 Sec. 11
- From the original 15 days, the period to file an answer now is already extended to 30
days. You are also entitled to a singular extension of 30 days. Therefore, the maximum
period to file an answer is now at 60 days.
- Under the new rule, the Court will no longer entertain any extension of time. Other
extensions of pleadings will not be allowed. Even if it was filed out, you could always
ask the Court for an extension. However, the allowance of the extension would be left
purely under the discretion of the Court.

Reply

The function of a reply is to meet the new matters raised in an answer and, based on the
procedure, it is the plaintiff and not the defendant that generally files the reply as a response to
the defendant’s answer.
 - Rule 6, Sec. 10 provides, as a general rule, that a reply is a prohibited pleading. Under the
old rule, filing of a reply is optional. If you do not file a reply, then the new matters raised
in the answer is deemed controverted or disputed. The reply is not a mandatory pleading.
- Exception: The only instance the law allows the filing of a reply is when the answer
attaches and actionable document. An actionable document is the basis of a cause of
action. Therefore, in the course of defending himself, the defendant attaches an
actionable document and may be the basis of his counterclaim. If there is an actionable
document attached to the answer, it is then mandatory to file a reply. Otherwise, if you
fail to specifically deny under oath, it is admitted as the due genuineness and due
execution.
- If the reply to the reply also attaches an actionable document, the defendant can file a
rejoinder to meet that actionable document.

Form of An Electronic Filing (not to be discussed)

Third-Party Complaint

- Basic rule: You need leave of court to file a third-party complaint.

- Under the new rule, there are new limits or parameters regarding the discretion of the
Court in accepting third-party complaints. They are:
o 1. The third-party complaint should be denied if it covers extraneous matters.
o 2. If the Court cannot acquire jurisdiction over the third-party defendant within a
period of 30 days, he or she would not be admitted into the case to prevent the
delay of the proceedings. For the Court to admit the third-party defendant, the
Court must acquire jurisdiction over the person before he or she may be admitted
into the case.
o The Court can deny a third-party complaint if it tends to introduce new matters. If
the third-party defendant has a legitimate claim, under the new Rule 6 sec. 11, the
Court shall require the defendant to file a separate action. If the Court did not
release an order requiring the third party defendant to file a separate action, you
may file a complaint and comply with all the requirements in filing a pleading.
This would require evidentiary matters under the new rule.
Motion To Dismiss

- Rule 16 is removed. Under the old rule, a Motion to Dismiss is a prohibited pleading.
You can only file a Motion to Dismiss under Rule 15, Sec. 12 only on the following
grounds:
o 1. Issues on the subject matter or jurisdiction
o 2. Litis pendentia
o 3. Res judicata
o 4. Statute of Limitations / Prescription
- Other Grounds:
o All the other grounds related to the filing of Motion to Dismiss have been
transferred to and are referred to as Affirmative Defenses
o What to do when there is no jurisdiction over the person of the defendant or legal
capacity. All of these issues can be raised in an Answer as an affirmative defense.
The purpose of the consolidation of these issues into the answer as an affirmative
defense is to prevent the delay in the proceedings. This is because the Court
cannot proceed to a pre-trial if the Motion to Dismiss is subsequently filed under
these circumstances. Hence, there is a joinder of issues and that the grounds for
filing a Motion to Dismiss are limited to the four grounds.
- Period to File for a Motion to Dismiss
o The period to file for a Motion to Dismiss is similar to the period given in filing
an Answer. Therefore, if the reglementary period to file for an Answer is 30 days,
you also have that period to file for a Motion to Dismiss.
o Once the Motion to Dismiss is filed, the period to file an Answer is interrupted
due to loss of subject matter.
o Under the old rule, once you file your Motion to Dismiss less than five (5) days
before the end of the reglementary period, you will have a fresh period of five (5)
days.
o Under the new rule, this provision was deleted. Hence, there would be
interruption and a reglementary period of 30 days. However, the fresh period of
 five (5) days is removed and you would need to apply the ordinary provision of
Interruption.
o The act that cause the interruption under Rule 22 would be excluded.
o Example: If you file the Motion to Dismiss one day before the deadline, and then
after a couple of months, the motion is denied by the Court, the period then to file
for an Answer is not provided in the law. In such case, Rule 22 would apply
thereby only giving you one (1) day to file for an Answer since the period was
already exhausted when you filed a Motion to Dismiss.
o Note: Therefore, upon filing of the Motion to Dismiss under the four grounds, it is
advisable not to exhaust the entire period to have more time to file an Answer in
the event that the Motion to Dismiss would be subsequently denied by the Court.

Affirmative Defenses

- Rule 6, Sec. 5(b). Some of the grounds such as:

o Lack of subject matter or jurisdiction
o Litis pendentia
o Res judicata
o Note: prescription is not included in the enumeration because it is already
included in the grounds for affirmative defenses.
- Note: These are generally grounds for Motion to Dismiss. However, you may also file for
an affirmative defense since you may also opt not to file for a Motion to Dismiss and file
an Answer instead.
- Rule 8, Sec. 12 provides a portion of the grounds. Here, there are:
o Lack of jurisdiction over the person of the defendant
o Lack of legal capacity
o Improper venue
o No cause of action
o Non-compliance with the condition precedent
o These are provided and not in the Rule 8, Sec. 5(b) because under the new rule, a
Summary Hearing. Here, the Court may want. If an Answer is filed, the Court
 may, motu proprio, resolve the affirmative defense within a period of 30 days.
Hence, the Court is bound to resolve affirmative defenses within a period of 30
days from the filing of an Answer.
- Note: If the affirmative defenses based on grounds provided in Rule 8, Sec. 12 are denied
by the Court, the filing of a Motion for Reconsideration and Petition for Certiorari under
Rule 65 is no longer allowed because you have already answered the allegations and, in
applicable cases, a Summary Hearing has already been conducted. Thereafter, the Court
may then proceed with a pre-trial unless there is a reason to file for a Reply.
- Under the old rule, the period to file a Reply is 10 days. Under the new rule and as
expressly stated in Rule 11, the reglementary period to file a Rely is now within 15 days.

Summary Hearing

- The Court would only conduct a Summary Hearing based on the grounds provided in
Rule 6, Sec. 5(b) as enumerated above under the discretion of the Court.
- A Motion for Summary Hearing is a prohibited pleading under Rule 15, Sec. 12 because
the Court already has a duty to conduct a Summary Hearing within 15 days from the
filing of the Answer if the grounds indicated in the Answer are based on the Rule 6,
Sec.5(b).
- The Court would have to resolve the issue within a period of 30 days from the time of the
termination of the Summary Hearing.
- If the grounds are based on those enumerated in Rule 8, Sec.12, the determination would
not be through a Summary Hearing. Here, the judge can already pass a judgment based
on the allegations indicated in the complaint, the pleadings, and the returns filed in Court.

Signature

- Under Rule 7, Sec. 3, the signature of the counsel constitutes as a certificate that he has
read it based on my knowledge, information and belief after inquiry reasonable under the
circumstances (here, the lawyer can ask more questions to ensure that the information
given by the client is genuine and truthful).
- The signature, therefore, implies that the lawyer affirms that the document signed is:
 o 1. Not for an improper purpose, or to harass, or to cause unnecessary delay, or to
needlessly increase the cost of litigation.
o 2. That the claims, defenses, or allegations are warranted by law and
jurisprudence. This is to ensure that the lawyer is not making frivolous allegations
to extend, reverse, or modify existing jurisprudence.
o The factual contentions have evidentiary support. The denial of factual allegations
are also warranted by evidence. It also affirms that although the evidence cannot
be obtained at that time under the modes of discovery, there is a certainty that
evidence may be provided. (Allegations of usury)
- If there are violations, the Court may impose appropriate sanctions such as:
o Non-monetary such penalized, held under contempt and monetary wherein the
counsel would be required to pay to the Court or to the movant affected by the
baseless filing; or
o An administrative case may be filed against the counsel or a referral of an action
for disciplinary purposes.
- Who Could Be Liable?
o The counsel
o Law firm itself
o The party that violated the rule
o The person responsible for the violation
Note: Joint and Several or Solidary Liability applies against the law firm and everyone
would contribute to the liability.

Verification