Outline on report for ROBN meeting

PLEADINGS

RULE 8:

Section 1. In general. – Every pleading shall contain in a methodical and logical form, a
plain, concise and direct statement of ultimate facts, including the evidence on which
the party pleading relies for his or her claim or defense, as the case may be.

 Pleadings must not only state the ultimate facts, but must also include the
evidentiary facts
 Rationale: So that the parties, upon the filing of their pleadings, will lay
down their cards on the table and the court can immediately determine
whether meritorious issues were raised by the parties.
 This applies also to ANSWERS
 Under the old rules, the court can only view the evidence during the pre-
trial
 By this reason, the court from the filing of the complaint, the first time the
judge sees the complaint, he already has the discretion to determine
whether the case will push through or dismiss it outright based on the
pleadings and the evidence submitted with it.
 In the old rules, the court needs to wait for the defendant to file his
answer before it can dismiss the case.

Under Section 6, Rule 7, since pleadings now contain evidentiary facts, then pleadings,
such as complaint or an answer, must include the following contents:

1. Names of witnesses who will be presented to prove a party’s claim or defense;

2. 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. Xxx
3. Documentary and object evidence in support of the allegations contained in the
pleading.
 All these must form part of the complaint or answer
 In practice, plaintiff decides when to file his pleading; he has ample time
to prepare for his case. In the old rules, the defendant has only 15 days to
prepare for his defenses, now, it has become 30 days.
 An answer must also include evidentiary facts, Section 1, Rule 11 states
that the defendant shall file his or her answer within thirty (30) calendar
 days after service of summons. “Calendar days” are now adopted in the
Rules.
 Under Section 11, Rule 11, a defendant may 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.
o The previous practice of a piecemeal extension of time to file
answer was removed.
o This is so because the defendant must also have to submit his
evidences.
 The answer must contain all affirmative defenses; failure to raise
affirmative defenses at the earliest opportunity shall constitute a waiver
thereof.

RULE 6

Sec. 10. Reply – 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 attached an actionable document to
his or her answer.

A reply is a pleading, the office or function of which is to deny, or allege facts in denial
or avoidance of new matters alleged in, or relating to said actionable document.

In the event of an actionable document attached to the reply, the defendant may file a
rejoinder if the same is based solely on an actionable document.

 As a general rule, a reply is not allowed. The only exception is when the
defendant attached an actionable document to the answer. Consequently, a
rejoinder is only allowed when an actionable document is attached to the reply.
 If plaintiff will not file his reply, the document is deemed admitted in accordance
with the rules on evidence. (see: Veluz vs. CA)

FILING OF PLEADINGS OR MOTION

Under Section 3, Rule 13, the following shall be the manner of filing:

1. Submitting personally the original thereof, plainly indicated as such, to the court;
2. Sending them by registered mail;
3. Sending them by accredited courier; or
4. Transmitting them by electronic mail or other electronic means as may be
authorized by the Court in places where the court is electronically equipped.
  Under the old rules the date of filing with the court would be the date of
actual receipt of pleadings by the court, and not the date of mailing of the
pleadings through the private courier. Under the amendments, it is the date
of mailing through the accredited courier which is deemed as the date of
filing.
 The court administrator will start accrediting the private courier.
 Why has the SC adopted electronic filing? It has already been widely
practiced that transactions are made online nowadays, thus, the SC found the
need to adopt with these innovations to be able to hasten the filing of
pleadings.

Section 5, Modes of Service – Pleadings, 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.

 The new modes of service of peladings, motions, and other court submissions
are:
1. Service by accredit courier
2. Service by electronic mail
3. Service by facsimile transmission
4. Service by other electronic means
5. Service as may be provided by international conventions (Hague Service
Convention)

TRANQUIL SALVADOR LECTURE (REX BOOKSTORE)

PURPOSE:

1. To make the disposition of every action and proceeding just, speedier and less
expensive
 The amendments seek to prevent frivolous actions or motions just to harass the
other party., extension of time
2. To prevent delays
-Justice delayed is justice denied. Motion to dismiss pa lang ni abot na sa Sureme
Court, wala pa gani nag trial.
3. To decongest court dockets
-There were rules na dili na mo lahos sa trial, sugod pa lang sa filing ma bara na siya.
4. To adopt to technological advances
 -The amendment to the 1997 rules of procedure is brought about by changing
times.

Manner of presentation:

-comparison in order to see the context and the changes made in the rules of court

PLEADINGS
Rule 8 Section. 1.

 Old rule: pleadings must only state ULTIMATE FACTS devoid of evidentiary
matter because evidence will only be presented during the trial.
 New rule: pleadings must include evidentiary facts.
o Testimonial
o Documentary
o Object
 Lay all the cards

In practice

There are some lawyers who are very good at crafting initiatory pleadings without any
evidence at all. There are cases before that lawyers only look for their evidences when
the trial is nearing, ayha pa mangita ug witness or documents to support their cause. This
delays the proceedings.

Cross reference with Rule 7 Section 6

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 
 (cross reference with the provisions in pre-trial that reservations are still
allowed, if it is justified, provided that you have to give the name,
address, and nature of testimonial evidence to be presented)

c) Documentary and object evidence in support of the allegations contained

in the pleading.

QUESTION: How do you attach object evidence? – its best to indicate that you are
ready with it that at any time the court may require its presentation during pre-trial you
can present it for examination of the party.

HOKUS POKUS PRACTICE: Some lawyers will only file the case for leverage. Kasohan
taka kay para mag compromise ta or kasohan para makig storya and all hokus pokus
agenda.

Note that these rules are also applicable to answers, because an answer is a pleading.

REPLY
 Recall that the function of a reply is to meet the new matters alleged in an
answer.
 Now a PROHITIBTED pleading.
o Exception: the only instance that allows the filing of a reply is when an
answer attaches an actionable document (maybe it’s the basis of his
counterclaim).
o Reply only become necessary if you have to specifically deny under oath
the genuineness and due execution of an actionable document, otherwise,
such actionable document will be DEEMED ADMITTED.

QUESTION: What if a reply attaches an actionable document, the defendant can file
a rejoinder to meet the actionable document.

THIRD PARTY COMPLAINT

  You need LEAVE OF COURT to file a third party complaint.
 Old rule: the judge has broader discretion whether to accept a third party
complaint or not.
 New rule: there are already a parameters or limits to that discretion:

Third-party complaint will not be admitted if:

1. The third-party defendant cannot be located within thirty (30) calendar days
from the grant of such leave. (If you allow this, masamot ka delay ang case)
2. There are matters extraneous to the issue in the principal case are raised.
3. The effect would be to introduce a new and separate controversy into the action.
4. Third party complaint will not be allowed if it includes issues extraneous to the
case. (defendant should file another complaint raising therein that new issue)

MOTION TO DISMISS. A motion to dismiss is a prohibited pleading. It is allowed

only on the following grounds:

1. Subject matter jurisdiction

2. Res judicata
3. Litis pendentia
4. Prescription

Other grounds stated in Rule 16 should be included in affirmative defenses in the

answer.

Policy: to have the issues joined. Because a motion to dismiss will only further delay
the proceedings.

FOR EXAMPLE: nag motion to dismiss ka, what if na deny, mag MR, mag petition for
certiorari, and all other interlocutory actions, wala pa gani naka sugod sa trial, diha pa lang
sangit na ang case.

AFFIRMATIVE DEFENSES.
If an answer is filed. The court can motu proprio resolve the affirmative defenses
within the period of thirty (30) days. The court is bound to resolve your affirmative
defenses within the period of 30 days from the filing of the answer.

Rule 6, Sec. 5b subject to Summary hearing which may be called by the court.
Motion for summary hearing is now a prohibited pleading. (Rule 15, sec. 12).
Because it is the duty of the court to make a summary hearing within 15 days from
the filing of an answer. From the termination of the summary hearing, the judge will
have to resolve it within thirty (30) days from the termination of the summary
hearing.

WHAT IS THE NECESSITY OF SUMMARY HEARING?

The grounds include fraud, statute of limitations, release, payment, etc. The party
alleging these defenses has to prove before the court that there exists these grounds.

Rule 8 Sec. 12 - No summary hearing is needed.

WHY? Because decision of the court may be based only in the pleading.

What if the affirmative defenses are denied? – MR, certiorari, no longer allowed.
Proceed to pre-trial unless reply is needed.

SIGNATURE. The signature of the counsel constitute a certificate:

  Old rule: To the best of knowledge, information, and belief that there is good
ground to support it and it is not interposed for delay
 New rule: the knowledge, information, and belief, formed after an inquiry
reasonable under the circumstances.
o Dili lang ka mag base sa gi ingon sa imong client but you have the duty to
conduct an inquiry reasonable under the circumstances. Kung feeling nimo
nag binotbot ang client, you have to inquire further.

CONSEQUENCES: The court may impose sanctions.

Who could be liable?

 Attorney
 law firm
 or party that violated the rule
 or responsible for the violation.

WORSE: the law firm shall be held jointly and severally liable for a violation
committed by its partner, associate, or employee.

SANCTIONS: (may include, but shall not be limited to:)

 non-monetary directive or sanction

 order to pay a penalty in court
 on motion and warranted for effective deterrence
o 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.
 o Note: the lawyer or law firm cannot pass on the monetary penalty to
the client.

VERIFICATION.

 NEW RULE: puts an emphasis on an affiant duly authorized to sign the

verification. The authorization whether it be in SPA or Secretary’s Certificate
should be attached to the pleading.
 It also puts an emphasis on what should be alleged as attestations in the
verification.

Already a certificate of the client.

 What is the effect, nganong sa una dili siya ga constitute as certification? Karon it is
a certification already?

AMENDMENTS

It is always a rule that a substantial amendment must be made with leave of court.

 It will be denied admission if:

o If it appears to the court that the motion was made with intent to delay
o The amendment will only confer jurisdiction on the court
o Pleading stated no cause of action from the beginning which could be amended
(meaning: you cannot incorporate a cause of action when in the first place,
you have no cause of action). Different from an alteration of a cause of
action, it is left to the discretion of the court.
Amendment to conform with the evidence. Amendment is not anymore necessary to
conform to evidence.

 Old rule: What you allege is what you have to prove, if in the trial you prove
something which is different from that what you alleged then you may amend
your pleading to conform to the evidence.
 For example: the claim is 500,000 but what was proven during trial is 800,000, can
the court render judgment? Yes! No need to amend the pleading.

EXTENSION OF TIME TO FILE AN ANSWER. Other pleadings, it is prohibited

already. Unless you can justify it in court, but subject to the court’s discretion.

PERIODS

MANNER OF FILING
 Old rule: two ways to file pleadings: 1) personal filing (by submitting the original
and indicating it as such); 2) by registered mail. Take note that ordinary mails are
applicable only in service.
 New rule
o Added the following:
 Accredited courier – the date of mailing is the date of filing. Before
dapat moabot na sa court ang pleading before mag deadline. Karon same
na sila ug effect sa registered mail. (Sec. 3, Rule 13)
 If private-letter forwarding agency such as LBC, the date of actual
receipt by the court is deemed the date of filing of that pleading.
 Electronic means: for as long as the court is electronically equipped.
Date of filing is the date of transmission. Basta within the day bahala
nag 11:59 nimo gi transmit basta within the day.

PROOF OF FILING:
1. Filed personally but not in record: written/stamped acknowledgment of filing by
Clerk of Court on a copy of the submission
2. Filed by registered mail: registry receipt AND affidavit of person who mailed it
stating the date and place of deposit.
3. Filed through accredited courier: affidavit of service of person who brought the
submission to the courier AND the courier’s official receipt and document
tracking number.
4. Filed by electronic mail: affidavit of electronic filing by the filing party AND a
printed/paper copy of the submission OR a written/stamped acknowledgment
of its filing by the Clerk of Court.
5. Filed through other authorized electronic means: affidavit of electronic filing
AND a copy of the electronic acknowledgment of filing from the court.

MODES OF SERVICE
 Service to other party.
 Service by the court.
 Service by the party to lower courts (in appealed cases)

A. Personal service
B. By registered mail
C. Accredited courier
D. Facsimile(allowed only for service and not for filing or submissions to
court)
E. Electronic means
F. As provided for in international convention to which the Philippines is a
signatory, apostille convention.

PROOF OF SERVICE

1. Personal service: written admission of the party served (acknowledgment

receipt/signature) OR official return of the court server OR affidavit of
service of the party serving stating date, place, and manner of service.
2. Ordinary mail: affidavit of person mailing stating the date, time and place
of deposit.
3. Registered mail: affidavit of person mailing AND registry receipt OR
registry return card OR unclaimed mail with certified/sworn copy of
notice given by postmaster to addressee (OR postmaster’s certificate)
4. Accredited courier: Affidavit of service by the person who brought the
pleading to the courier AND Official Receipt NAD document tracking
number
5. Electronic mail, facsimile or other electronic means: affidavit of person
who sent it AND printed copy of transmittal.

Who may be served with court submissions?

1. A party
2. A counsel
 3. Authorized representative named in the appropriate pleading or motion
4. By leaving it in his or her office or with his or her clerk or with a person
having charge thereof.

Service by facsimile and electronic means – shall be made if the party CONSENTS
and upon the DIRECTION OF THE COURT. (Rule 13, sec. 9)

HOW IS SERVICE BY ELECTRONIC MAIL EFFECTED?

 By sending an email to the party’s or counsel’s electronic mail address

 Other electronic means of transmission as the parties may agree
 Or upon direction of the court.

HOW IS SERVICE BY FACSIMILE EFFECTED?

 By sending a facsimile to the party’s or counsel’s given facsimile number

Change of electronic address – the party has the duty to inform the court for the change
of email address within five (5) days from such change, otherwise (Sec. 11) the service is
presumed to be valid.

PRESUMPTIVE SERVICE. If the court issues a notice of court setting, the court does
not need to show that you received it, there is a presumptive notice if it was mailed 20
days prior to the scheduled date of hearing if the court is within the judicial region. If
the addressee is outside the judicial region of the court, then there is a presumptive
notice if it was mailed 30 days prior to the scheduled hearing.
Format of the subject:

You have to indicate:

1. Case number
2. Case title
3. Pleading, order or document title.

SERVICE OF JUDGMENTS AND FINAL ORDERS.

 OLD RULE: Personal service and registered mail
 NEW RULE: Accredited courier, which the party may apply ex parte for service
of the order by an accredited courier, he has to shoulder the expense.
 What if the court is electronically equipped? The court may electronically serve the
copy of the order provided that there should be a paper copy of the order that
should be attached to the record.

CONVENTIONAL SERVICE OR FILING OF ORDERS, PLEADINGS AND

OTHER DOCUMENTS.

-May mga ibang document that should not be served electronically.

1. Initiatory pleadings and initial responsive pleadings, such as an answer;

2. Subpoenae, protection orders, and writs;
3. 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
4. Sealed and confidential documents or records.

SUMMONS
When shall summons be issued?

 Old rule: upon the filing of the complaint and payment of the legal fees
 New rule: Within five days from receipt of the initiatory pleading and proof of
payment of legal fees.

Who shall serve the summons?

1. Sheriff
2. Deputy sheriff
3. Process server
 4. New rule: In case there is failure of service of summons by them, Plaintiff
may be authorized to serve summons together with the sheriff if there is
failure, this is upon ex parte motion
5. The plaintiff shall be authorized for service outside the judicial region.
a. Misrepresentation:
i. Case will be dismissed with prejudice
ii. All of the proceedings shall be considered as null and void.
iii. The plaintiff shall be meted with sanction.

ORDER OF SERVICE OF SUMMONS:

1st – the sheriff or process server must try to serve the summons.

2nd – upon the court officer’s failure, court may authorize plaintiff or
representative BUT together with sheriff.

3rd – service outside judicial region, plaintiff or its representative may be

authorized to serve

4th – if summons unserved on any or all of the defendants, court order for
plaintiff to serve summons by other means available – upon failure to comply =
dismissal without prejudice.

Validity of summons

 Old rule: serve once, sheriff makes return, alias summons, etc.
 Now: Once summons is issued within 5 days from filing and payment of docket
fees the summons shall be effective until served. No need to apply for alias
summons.

Only instance for alias summons will be issued: when the summons is lost or destroyed.

TENDER OF SUMMONS.

If the defendant refuses to receive, by leaving the summons within the view and
in the presence of the defendant.

SUBSTITUTED SERVICE

Changes:
  Reasonable time is ALREADY defined by the phrase “after atleast three (3)
attempts on two (2) different dates.
 Suitable age and discretion ALREADY defined as a person atleast 18 years of age
and of sufficient discretion residing therein. New rule: Reasonable time is
defined by the phrase “after atleast three(3) attempts on two (2) different dates.
 Competent person is ALREADY defined: A competent person includes, but is
not limited to, one who customarily receives correspondences for the defendant.
 Added new provisions:
o 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
homeowner’s association or condominium corporation, or its chief
security officer in charge of the community or the building where the
defendant may be found; and
o By sending an electronic mail to the defendant’s electronic mail address, if
allowed by the court

SERVICE UPON A DOMESTIC PRIVATE JURIDICAL ENTITY.

 Old rule: Service may be made on the president, managing partner, general
manager, corporate secretary, treasurer, in-house counsel of the corporation.
Manager.
 New rule: added wherever they may be found in their absence unavailability to
their secretaries. (relaxed)

What if dili jud ma locate?

Use the persons who customarily receives.

Electronic service is also possible if there are three (3) attempts on teo (2) different dates,
if this is allowed by the court or section 6 of this Rule.

SERVICE UPON A FOREIGN JURIDICAL ENTITY

ADDED: doing business under the laws of the Philippines.

Added: summons served to director or trustee

Not registered but doing business:

1. Electronic mail
2. Publication in the foreign country and service by registered mail in the last
known address
3. Personal service through the assistance of the DFA
4. Facsimile
5. Other means

DUTY OF COUNSEL OF RECORD

Kabalo ang lawyer na mali ang service of summons by the sheriff. Improper service
of summons and the lawyer makes a special appearance the court may deputize the
lawyer to serve summons to serve summons to the client.