Beruflich Dokumente
Kultur Dokumente
Under the present rules, signature of counsel constitutes a certificate by him/her that he/she More importantly, if a party, who claims that summon was not properly served on it, sends a
has read the pleading and that to the best of his knowledge, information and belief, there is lawyer to make a special appearance in its behalf to question the validity of the service of
good ground to support it and it is not interposed for delay. summons, the said counsel shall be deputized by the court to serve summons on his or her
client. This will discourage the present practice wherein parties have their counsels enter
The Revised Rules expands this certification to include the following: (a) the document is not special appearance for the sole purpose of challenging the validity of the service of summons,
being presented for any improper purpose, (b) the claims, defenses, and other legal which often delays court proceedings.
contentions are warranted by existing law or jurisprudence or by non-frivolous argument for
modifying or reversing existing jurisprudence, (c) the factual contentions have evidentiary 5. Motions to Dismiss generally not allowed but shorter periods within which to resolve
support or will have evidentiary support after availment of the modes of discovery, and (d) grounds for dismissal
denials of factual contentions are warranted by evidence, or reasonably based on belief or
lack of information. The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction
over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper
Violation of the above warranties exposes the responsible attorney, law firm, or party to court venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the
sanctions. This provision applies to "every pleading and other written submissions to the same cause; (f) cause of action is barred by a prior judgment or by the statute of limitations;
court", and thus arguably applies not only to signatures by external counsel but also by in- (g) complaint states no cause of action; (h) claim has been paid, waived, abandoned or
house counsels who sign and submit papers in the course of the proceedings to the court. otherwise extinguished; (i) unenforceable due to statute of frauds; and (j) failure to comply
These may be construed as extending to submissions such as judicial affidavits, and with a condition precedent.
documents verified by in-house counsel.
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to
Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the
same parties for the same cause; and (c) cause of action is barred by prior judgment or by the
statute of limitations. Nevertheless, any other grounds for dismissal available under the longer period is necessary in view of the additional requirements that must accompany the
present rules must, under the Revised Rules, be pleaded as an affirmative defense in the Answer, as discussed above.
Answer which the court will have to resolve within 30 calendar days.
It is important to note that any motion for extension to file any other pleading, other than with
If a Motion to Dismiss is allowed, the same shall be resolved within 15 calendar days from the respect to an Answer, is prohibited.
court's receipt of the opposition or upon expiration of the period within which to file such
opposition (i.e., 5 calendar days from receipt of the Motion to Dismiss). While the Revised A Reply may be filed within 15 calendar days from service of the Answer. However, a Reply
Rules generally prohibit a Motion to Dismiss, the changes will have a positive effect as they may only be filed if an actionable document is attached to the Answer. A Rejoinder may also
will expedite the resolution of the issue of whether the complaint should be dismissed. be filed only if an actionable document is attached to the Reply and the Rejoinder is limited to
the said actionable document.
6. New rules on motions to prevent delays in the proceedings
9. Pre-trial / court-annexed mediation (CAM) / judicial dispute resolution (JDR) process
The Revised Rules now define motions which are to be considered litigious (i.e., motion for bill
of particulars, motion to dismiss, motion for reconsideration) and non-litigious (i.e., motion for Marking of evidence, stipulations and comparisons with originals, are to be done during the
postponement, motion for extension to file Answer). pre-trial hearing under the Revised Rules. The Pre-Trial Order will contain tentative schedules
for CAM and JDR.
Non-litigious motions are resolved by the court within 5 calendar days from receipt, without
having to wait for the other party's comment or opposition. The other party is not even given a Once the court refers the parties to CAM, it should be finished within a non-extendible period
period to file any comment or opposition. of 30 calendar days. If CAM fails, the court will determine if JDR is still necessary.
Litigious motions, on the other hand, are no longer to be set for hearing by the moving party, If JDR is deemed necessary, the case will be raffled to another court who will conduct the
unlike how it is done at present. It is up to the court if it considers a hearing necessary. The JDR. JDR is to be conducted within a non-extendible 15 calendar days. If JDR fails, the case
other party should file an opposition to the litigious motion within 5 calendar days from receipt will be returned to the court where the case originated, for trial as scheduled in the Pre-Trial
thereof, without waiting for the court to order it to do so. No other submissions shall be Order. This is a shift from the present practice of JDR being generally conducted by the court
considered by the court. where the case was filed, and passed on to another court if the JDR fails.
The Revised Rules also enumerate motions that are no longer allowed, including motions for 10. Judgment on the pleadings or summary judgment
extension of time, save in very limited exceptions.
The court can, under the Revised Rules, make its own determination as to whether or not to
7. Electronic Service and Filing render judgment on the pleadings or summary judgment (and thereby dispense with further
trial). A party is not allowed to appeal the court's determination to the Court of Appeals.
Electronic filing may, under the Revised Rules, be made where the court agrees and such
court is equipped to handle such filings. Electronic service of documents upon a party may be
done if the other party consents to such mode of service. SOURCE: Backer Mckenzie.
https://www.bakermckenzie.com/en/insight/publications/2020/03/amendments-civil-procedure-and-
Some documents may not be filed or served electronically, without express permission from evidence
the Court. These documents are: (a) initiatory pleadings and initial responsive pleadings, such
as an answer; (b) subpoena, protection orders, and writs; (c) appendices and exhibits to
motions or other documents that are not readily amenable to electronic scanning; and (d)
sealed and confidential documents or records.
Under the Revised Rules, an Answer is to be filed within 30 calendar days after service of
summons. A 30-day extension to file the Answer may be allowed for meritorious reasons. The