2019 Amendments to the 1997 Rules of Civil Procedure

Lecture by Atty. Soledad Deriquito-Mawis,

Dean, Lyceum of the Philippines University College of Law
Philippine Association of Law Schools

Why is there a need to amend the 1997 Rules of Court particularly rule 6-35?
- As stated in the resolution itself, there is a need to make the disposition of action and
proceedings to make it more just, speedy and inexpensive as well as to prevent delays and
decongest the court.

RULE 6 KINDS OF PLEADING

Sec. 1 (pleadings Defined) not changed
Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Sec. 2 (Pleadings allowed)

…An Answer may be respondent to by a reply only if the defending party attaches an actionable
document to the answer.
Reply is only required if the answer founded in an actionable document.
Why do you file a reply? - Because an answer is founded in an actionable document and you want
to deny the due execution and authenticity of that actionable document. You only file a reply if
you want to deny the due execution and authenticity of an actionable document which was
attached to an answer
What is an actionable document – it is a written instrument or document on which an action or
defense is founded.
2 ways to plead an actionable document:
1. By setting forth the substance of such documents in the pleading and you attached the
document thereto
2. By setting forth said document verbatim in the pleading
But according to the law, the actionable document should be attached to the answer.
What if it is not attached to the answer, will it be considered an actionable document? According
to the provisions of law, for it to be considered an actionable document, it must be pleaded in the
manner stated above and it must be attached to the answer
Sec. 3 (complaint) - The complaint is the pleading alleging the plaintiff’s or claiming party’s cause
or causes of action. The names and residences of the plaintiff and defendant must be stated in the
complaint.

What is new? – “Claiming party”

Significance – it is a good addition so that it may referred to a third party complainant or the
defendant in relation to his permissive counterclaim
Sec. 4 (answer) not changed
An answer is a pleading in which a defending party sets forth his or her defenses.

Sec. 5 (defenses)
What is new? … 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.

An answer may raise the following defense: (negative defense and affirmative defense)

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 1. Negative defense – which consists of the defendant’s specific denial of the material fact/s
alleged by the plaintiff in his/her compliant.

3 modes of specific denial:

(1) by specifying each material allegation of fact in the complaint the truth of
which the defendant does not admit, and, whenever practicable, setting forth the
substance of the matters which he will rely upon to support his denial; or (-state
the reason in every denial)
(2) by specifying so much of an averment in the complaint as is true and material
and denying only the remainder; or
(3) by stating that the defendant is without knowledge or information sufficient to
form a belief as to the truth of a material averment in the complaint, which has the
effect of a denial, and he has adopted the third mode of specific denial, his answer
tendered an issue, and, consequently the court a quo could not render a valid
judgment on the pleadings.

NOTICE: Under the 1997 rules, Rule 16 (grounds for purposes of filing a motion to dismiss)
is already repealed by 2019 amendments. The grounds enumerated under rule 16 (1997
ROC) may now be raised by way of an affirmative defenses in the answer.
The grounds are:
-no jurisdiction over the person of the defending party
-no jurisdiction over the subject matter of the claim
-the venue is improperly laid
- plaintiff has no legal capacity to sue
-litis pendencia
-Res judicata
-pleading states no cause of action
-the claim or demand set forth the plaintiff’s pleading has been paid, waived,
abandoned or otherwise extinguished.
-that the claim on which the action is founded is unenforceable under the
provisions of the stature of frauds; and
-a condition on which the action is founded is enforceable under the provisions of
the statute of frauds
-a condition precedent for filing the claim has not been complied with.

These grounds must be raised by way of affirmative defense in the answer.

4 of these grounds are grounds for purposes of filing a dismiss under Sec 1 Rule 15
of the 2019 ROC.
-Lack of jurisdiction over the subject matter
-Litis pendencia
-Res judicata
-Prescription

In other words, with the repeal of rule 16, all those grounds may be pleaded by way
of an affirmative defense in the answer and a motion to dismiss can only be filed
on 4 grounds -Lack of jurisdiction over the subject matter, Litis pendencia, Res
judicata, and Prescription.

In fact, sec 1 of rule 9, the court on its own, may dismiss a compliant when it
appears from the pleadings or evidence on records that the court has no
jurisdiction over the subject matter, on the ground of litis pendencia, on the
ground of res judicata or by statute of limitations.
Sec 6 (Counterclaim) – not changed
A counterclaim is any claim which a defending party may have against an opposing party.

Sec. 7 (compulsory counterclaim)

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What is added? - …A compulsory counterclaim not raised in the same action is barred, unless
otherwise allowed by these Rules.

- This is consistent with the jurisprudence.

What is made clear under the amendment is that a compulsory counterclaim not raised is barred,
you cannot file a separate independent action.
What is a counterclaim? – as defined under sec. 6 rule 6 of the 2019 amendments, a counterclaim
is any claim which a defending party may have against an opposing party. They are generally
allowed in order to avoid multiplicity of suits and to facilitate a whole controversy in a single
action such that the defendant may be adjudged by a counterclaim rather an independent suit.

What are the limitations?

1. The court should have jurisdiction of the subject matter over the counterclaim
2. The court could acquire jurisdiction over third party is essential to each jurisdiction.
How can you know if the counterclaim that is being raised is permissive or compulsory?
Ask yourself these questions and if the answer of all these questions are yes, then the
counterclaim is compulsory:
1. Are issues of fact and law raised by the claim and the counterclaim are largely the same?
2. Would res judicata bar a subsequent suit or a defendants claim absent the compulsory
counterclaim?
3. Would substantially the same evidence support or refute plaintiff’s claim as well as
defendant’s counterclaim?
4. Is there any logical connection or relation between the claim and the counterclaim?
A positive answer of all of these questions would indicate therefore that the counterclaim is
compulsory.
Why is there a need to distinguished if the counterclaim is compulsory or not?
- First of all, if it is compulsory no need for certificate of non-forum shopping and if it is
permissive, then it is a must that your answer contain a certificate of non-forum shopping
because permissive counterclaim is considered an initiatory pleading.
- Second, in compulsory, because of the suspension of OCA circular 29-2009, where it
clarified that the payment of docket fees for the compulsory counterclaim is suspended,
filing fee is not required in the compulsory counterclaim.
- When you speak about compulsory counterclaim, you have to raise it. A compulsory
counterclaim not raised is deemed barred for filing separate action. While in permissive,
even if it is not raised, you can file a separate action.
- The rule in permissive counter claim is that for the trial court to acquire jurisdiction, the
counterclaimant is proscribed to pay for the required docket fees.
Sec. 8 (Cross-claim)
What is cross-claim? – it 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.
What is added? – the cross-claim may now cover all or part of the original counterclaim.
Sec. 9 (counter-counterclaims and counter-cross-claims) – not changed
A counterclaim may be asserted against an original counterclaimant.

A cross-claim may also be filed against an original cross-claimant

Sec. 10 (reply)
What is a reply? – it 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

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What is added? - 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.

What are these additional provisions mean?

If the defenses answer is not founded on an actionable document and the plaintiff wants to
controvert new matters in the answer, then what he can file is a supplemental complaint or an
amendment of the complaint. Ngayon, kung walang new matters na ni-raise, ang katapusan ng
pleading niyo ay hanggang answer lang.
However, if the answer is founded on an actionable document and the plaintiff would like to deny
the due execution and authenticity of said document which was attached to the answer, then the
plaintiff can file a “reply”.
In the event of an actionable document attached to a reply, the defendant may file a “rejoinder” IF
the same is based solely in an actionable document

Sec. 11 (Third or Fourth, etc. party complaint)

What is a thirst (or fourth, etc) complaint? It is a claim that a defending party may, with leave of
court, file against a person not a party to the action, called the third (or fourth, etc) –partyy
defendant for contribution, indemnity, subrogation, or any other relief, in respect of his or her
opponent’s claim. CSA
What is added?
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.

It is very clear, therefore from the amendments that there are grounds to deny a motion to admit
third party complaint. However, it is important to note that the admission lies with the sound
discretion of the court.

If leave to file a third party complaint is denied, the proper remedy is to file a separate action and
not insist on the admission of a third party complaint all the way up to the supreme court. (DBP
v. Clarges Realty Corp G.R. no. 170060)

Notice that the order granting the motion to admit third party complaint, but based on the
amendment it would appear that even if it was granted, the court may recall the order granting it
IF the third party defendant cannot be located within 30 calendar days from the grant of such
claim.

(for purposes of serving summons)

Note sec. 16 rule 14: If the defendant’s whereabouts are unknown, you can serve summons by
publication in any action for that matter.

If sec. 11 rule 6 states that the court shall recall the granted leave for third party complaint IF the
third party cannot be located within thirty (30) calendar days from the grant of such leave, does

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this mean therefore that the plaintiff cannot avail of sec. 16 rule 14 wherein said provision provides
that if the defendant’s whereabouts are unknown, one can ask the court that the summons be
served through publication? – (subject to future jurisprudence)

Other grounds on which a motion to admit a third party may be denied?

- matters extraneous to the issue in the principal case are raised
- the effect would be to introduce a new and separate controversy into the action.

What are the requisites for a third party action?

1. That the party to be impleaded is not yet a party to an action
2. The claim against the third party defendant must belong to the original defendant
3. The claim of the original defendant to the third party defendant must be based on
plaintiff’s claim against the original defendant
4. The defendant in the main case is attempting to transfer to the third party defendant the
liability asserted against him by the original defendant.

Sec. 12 (Bringing new parties) – not changed

When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of
a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if jurisdiction over them can be obtained.

Sec. 13 (Answer to third (or fourth, etc.) party complaint) – not changed
A third (fourth, etc.) party defendant may allege in his or her answer his or her defenses, counterclaims or cross-claims, including such
defenses that the third (fourth, etc.)-party plaintiff may have against the original plaintiff's claim. In proper cases, he or she may also
assert a counterclaim against the original plaintiff in respect of the latter's claim against the third-party plaintiff.

RULE 7 PARTS AND CONTENTS OF A PLEADING

Sec. 1 (Caption) – not changed

The caption sets forth the name of the court, the title of the action, and the docket number if assigned.

The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition; but in subsequent
pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other
parties.

Their respective participation in the case shall be indicated.

Sec. 2 (the body) – not changed

The body of the pleading sets forth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of
the pleading.

(a) Paragraphs. — The allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified, each of
which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred
to by its number in all succeeding pleadings.

(b) Headings. — When two or more causes of action are joined, the statement of the first shall be prefaced by the words "first cause of
action,'' of the second by "second cause of action", and so on for the others.

When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall be prefaced by
the words "answer to the first cause of action" or "answer to the second cause of action" and so on; and when one or more paragraphs of
the answer are addressed to several causes of action, they shall be prefaced by words to that effect.

(c) Relief. — The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed
just or equitable.

(d) Date. — Every pleading shall be dated.

Sec. 3 (signature and address) – substantive change --- 45:05

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