Rule 6

Section Original Provision Ammended Provision Remarks

Sec. 2. Pleadings The claims of a party are The claims of a party are ❑No amendment in the first
allowed asserted in a complaint, asserted in a complaint, paragraph of Sec. 2
counterclaim, cross-claim,counterclaim, cross-claim,
third (fourth, etc.)-party
third (fourth, etc.)-party
complaint, or complaint in complaint, or complaint in
❑The amendment in the
intervention. intervention.
second paragraph is only
The defenses of a party are The defenses of a party are gender-based (may mean
alleged in the answer to the alleged in the answer to the “him or her” or “he or she”)
pleading asserting a claim pleading asserting a claim No reply may be filed if the
against him. against him or her. defendant does not attach
an actionable document to
An answer may be An answer may be the answer.
responded to by a reply. responded to by a reply only
if the defending party
attaches an actionable
document to the answer.
Sec. 3. Complaint The complaint is the pleading The complaint is the pleading The complainant may now
alleging the plaintiff’s cause oralleging the plaintiff’s or be referred to as the
causes of action. The names claiming party’s cause or
plaintiff or “claiming party”
and residences of the plaintiff causes of action. The names
and defendant must be stated and residences of the plaintiff
in the complaint. (or claiming party) and
defendant must be stated in the
complaint.
Sec. 5. Defenses Defenses may either be Defenses may either be ❑No amendment in the first
negative or affirmative. negative or affirmative. paragraph and item (a) of Sec.
5.
 (a) A negative defense is the
specific denial of the material
fact or facts alleged in the
pleading of the claimant
essential to his cause or
causes of action.
(b) An affirmative defense is an
allegation of a new matter
which, while hypothetically
admitting the material
allegations in the pleading of
the claimant, would
nevertheless prevent or bar
recovery by him. The
affirmative defenses include
fraud, statute of limitations,
release, payment, illegality,
statute of frauds, estoppel,
former recovery, discharge in
bankruptcy, and any other
matter by way of confession
and avoidance.
(a) A negative defense is the
specific denial of the material
fact or facts alleged in the
pleading of the claimant
essential to his cause or The amendment in item (b) of
causes of action. Sec. 5 is only gender-based.
(b) An affirmative defense is an
allegation of a new matter
which, while hypothetically
admitting the material
allegations in the pleading of
the claimant, would
nevertheless prevent or bar
recovery by him or her. The
affirmative defenses include
fraud, statute of limitations,
release, payment, illegality,
statute of frauds, estoppel,
former recovery, discharge in
bankruptcy, and any other
matter by way of confession
and avoidance.

Sec. 5. Defenses – cont. NO ORIGINAL PROVISION 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.
This is a new paragraph in Sec. 5
regarding affirmative defenses. An
affirmative defense includes
grounds for the dismissal of the
complaint, such as lack of
jurisdiction of the court over the
subject matter, there is another
action pending between the same
parties (litis pendentia) or the
action is barred by prior judgment

Sec. 7. Compulsory A compulsory counterclaim is one
which, being cognizable by the
counterclaim regular courts of justice, arises out
of or is connected with the
transaction or occurrence
constituting the subject matter of
the opposing party’s claim and
does not require for its adjudication
the presence of third parties of
whom the court cannot acquire
jurisdiction. Such a counterclaim
must be within the jurisdiction of
the court both as to the amount
and the nature thereof, except that
in an original action before the
Regional Trial Court, the
counterclaim may be considered
compulsory regardless of the
amount.
Sec. 8. Cross-claim 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 include a claim that the
party against whom it is asserted is
or may be liable to the cross-
claimant for all or part of a claim
asserted in the action against the
(res judicata)
A compulsory counterclaim is one A new sentence is included in Sec.
which, being cognizable by the 7 providing that a compulsory
regular courts of justice, arises out counterclaim not raised in the
of or is connected with the same action (or case) is barred,
transaction or occurrence unless it is allowed or can still be
constituting the subject matter of pursued separately in a separate
the opposing party’s claim and action per the Rules.
does not require for its adjudication
the presence of third parties of
whom the court cannot acquire
jurisdiction. Such a counterclaim
must be within the jurisdiction of
the court both as to the amount
and the nature thereof, except that
in an original action before the
Regional Trial Court, the
counterclaim may be considered
compulsory regardless of the
amount. A compulsory
counterclaim not raised in the
same action is barred, unless
otherwise allowed by these
Rules.
A cross-claim is any claim by one The second sentence of Sec. 8
party against a co-party arising out was amended to indicate that a
of the transaction or occurrence cross-claim  covers “all or part of
that is the subject matter either of the original claim”.
the original action or of a
counterclaim therein. Such cross-
claim may cover all or part of the
original claim.
 cross-claimant.
Sec. 10. Reply A reply is a pleading, the office or All new matters alleged in the ❑This is a new paragraph inserted
function of which is to deny, or answer are deemed in Sec. 10 which clarifies that “all
allege facts in denial or avoidance controverted. If the plaintiff new matters alleged in the answer
of new matters alleged by way of wishes to interpose any claims are deemed controverted”. If the
defense in the answer and thereby arising out of the new matters so plaintiff wishes to interpose any
join or make issue as to such new alleged, such claims shall be set claims arising out of the new
matters. If a party does not file forth in an amended or
matters, these should be set forth
such reply, all the new matters supplemental complaint.
in an amended or supplemental
alleged in the answer are deemed However, the plaintiff may file a complaint.   Also, a reply can be
controverted. reply only if the defending party filed, but only if the defending party
attaches an actionable
attached an actionable document
If the plaintiff wishes to interpose document to his or her answer. in the answer.
any claims arising out of the new ❑The amendment in the second
matters so alleged, such claims A reply is a pleading, the office or paragraph emphasizes that a reply,
shall be set forth in an amended or function of which is to deny, or which is intended to deny or
supplemental complaint. allege facts in denial or avoidance
alleged facts in denial or avoidance
of new matters alleged in or of new matters alleged in or
relating to said actionable relating to an actionable document.
document. A rejoinder may be filed if the reply
is based on an actionable
In the event of an actionable document.
document attached to the reply,
the defendant may file a
rejoinder if the same is based
solely on an actionable
document.
Sec. 11. Third (fourth, A third (fourth, etc.)-party A third (fourth, etc.)-party ❑No amendment in the first
etc.)-party complaint complaint is a claim that a complaint is a claim that a paragraph of Sec. 11 which
defending party may, with defending party may, with defines what is a third
leave of court, file against a leave of court, file against a (fourth, etc.)-party complaint.
person not a party to the person not a party to the
action, called the third action, called the third
(fourth, etc.)-party (fourth, etc.)-party
 defendant, for contribution, defendant, for contribution,
indemnity, subrogation or indemnity, subrogation or
any other relief, in respect of any other relief, in respect of
his opponent’s claim. his opponent’s claim.
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.
Rule 7
Sec. 3. Signature and Every pleading must be signed by (a) Every pleading and other
the party or counsel representing written submissions to the court
address him, stating in either case his must be signed by the party or
address which should not be a post counsel representing him or her.
office box.
  (b) The signature of counsel is gender-based.
The signature of counsel constitutes a certificate by him or
This is a new paragraph
wherein the court may deny
a third (fourth, etc.)-party
complaint and require the
defendant to institute a
separate action based on 3
grounds, to wit: (a) the third
(fourth, etc.)-party defendant
cannot be located within 30
calendar days from the grant
of 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 amendment in item (a) of 
Sec. 3 provides that, aside from
“pleadings”, “other written
submissions to the court” must be
signed. Also, another amendment
constitutes a certificate by him that
he has read the pleading; that to
the best of his knowledge,
information, and belief there is
good ground to support to support
it; and that it is not interposed for
delay.
An unsigned pleading produces no
legal effect. However, the court
may, in its discretion, allow such
deficiency to be remedied if it shall
appear that the same was due to
mere inadvertence and not
intended for delay. Counsel who
deliberately files an unsigned
pleading, or signs a pleading in
violation of this Rule, or alleges
scandalous or indecent matter
therein, or fails to promptly report
to the court a change of his (3) The factual contentions
address, shall be subject to have evidentiary support or,
appropriate disciplinary action.
if specifically so identified,
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;
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 Item (c) is a new provision. It
a lack of information. provides that the court may, on
❑The amendments in item (b) are,
among others, gender-based. In
addition, the signature of counsel 
constitutes a certificate by him/her
that he/she read the pleading and
“document” to the best of his/her
knowledge, information and belief,
“formed after an inquiry” made by
the said counsel.
Sub-items (1) to (4) are new
provisions in item (b) pertaining to
the circumstances subject of the
inquiry required of a counsel before
signing a pleading or document
❑The subject of inquiry for
purposes of the certification in
the pleading or document are,
among others, the following: (1)
the pleading or document is not
being presented for any
improper purpose; (2) the
claims, defenses and other
legal contentions are warranted
by existing law or
jurisprudence; (3) the factual
contentions have evidentiary
support; and (4) the factual
contentions are warranted on
the evidence.

(c) 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 not limited to,
non-monetary directives or
sanctions; 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,
motion or  motu proprio,
impose the appropriate
sanction should the provisions
of Sec. 3 be violated or refer
such violation to the proper
office for disciplinary action, on
any attorney, law firm or party
or who is responsible for the
violation
❑Also, a law firm is jointly
and severally liable with a
partner, associate or
employee that commits the
violation.
❑Sanctions may be (1) non-
monetary directives or
sanctions; (2) an order to
pay a penalty in court; or (3)
an order directing payment
to the movant of part or all of
the reasonable attorneys
fees and other expenses
directly resulting from the
violation, including attorney’s
 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.
Sec. 4. Verification Except when otherwise Except when otherwise
specifically required by law or specifically required by law or
rule, pleadings need not be rule, pleadings need not be
under oath, verified or under oath or verified
accompanied by affidavit.
A pleading is verified by an
A pleading is verified by an affidavit of an affiant duly
affidavit that the affiant has authorized to sign said
read the pleading and that the verification. The
allegations therein are true and authorization of the affiant to
correct of his personal act on behalf of a party,
knowledge or based on whether in the form of a
authentic records. secretary’s certificate or a
special power of attorney,
A pleading required to be should be attached to the
verified which contains a pleading, and shall allege the
verification based on following attestations:
“information and belief” or upon (a) The allegations in the
“knowledge, information and pleading are true and correct
belief”, or lacks a proper based on his personal
verification, shall be treated as knowledge, or based on
an unsigned pleading. authentic documents;
(b) The pleading is not filed
to harass, cause
unnecessary delay, or
fees for filing of the motion
for sanction
The lawyer or law firm
cannot pass on the
monetary penalty to the
client.
❑The amendment in Sec. 4,
among others, deleted the
phrase “accompanied by
affidavit”.
❑The second paragraph is a
new provision on a pleading
that “is verified by an affidavit of
an affiant duly authorized to
sign the said verification”, which
authority is either in the form of
a secretary’s certificate or a
special power of attorney (SPA)
attached to the pleading.
Likewise, the authorization of
the affiant should allege
specific attestations, such as:
(a) the allegations in the
pleading are true and correct
based on his personal
knowledge, or based on
authentic documents; (b) the
pleading is not filed to harass,
cause unnecessary delay or
needlessly increase the cost of
 needlessly increase the cost litigation; and (c) the factual
of litigation; and allegations therein have
(c) The factual allegations evidentiary support after a
therein have evidentiary reasonable opportunity for
support of, if specifically so discovery
identified, will likewise have
evidentiary support after a
reasonable opportunity for
discovery

The signature of the affiant shall ❑The third paragraph is a new

further serve as a certification of provision stressing that the
the truthfulness of the signature of the affiant shall serve
allegations in the pleading. as a “certification of the
truthfulness of the allegations in the
A pleading required to be verified pleadings.”
that contains a verification based
on “information and belief” or upon Only a minor clerical amendment
“knowledge, information and was done in the fourth paragraph.
belief”, or lacks a proper
verification, shall be treated as an
unsigned pleading.

Sec. 5. Certification The plaintiff or principal party shall
certify under oath in the complaint
against forum shopping or other initiatory pleading
asserting a claim for relief, or in a
sworn certification annexed thereto
and simultaneously filed therewith:
(a) that he has not theretofore
commenced any action or filed any
claim involving the same issues in
any court, tribunal or quasi-judicial
agency and, to the best of his
The plaintiff or principal party shall
certify under oath in the complaint
or other initiatory pleading
asserting a claim for relief, or in a
sworn certification annexed thereto
and simultaneously filed therewith:
(a) that he (or she) has not
theretofore commenced any action
or filed any claim involving the
same issues in any court, tribunal
or quasi-judicial agency and, to the
❑The amendment in the first
paragraph of Sec. 1 emphasizes
that the period for the plaintiff or
principal party to report that there is
a same or similar action or claim
that has been filed or is pending is
5 calendar days (not working days)
after learning the same
Also, the other amendments are
supposed to be gender-based.
knowledge, no such other action or
claim is pending therein; (b) if there
is such other pending action or
claim, a complete statement of the
present status thereof; and (c) if he
should thereafter learn that the
same or similar action or claim has
been filed or is pending, he shall
report that fact within five (5) days
therefrom to the court wherein his
aforesaid complaint or initiatory
pleading has been filed.
Failure to comply with the
forgoing requirements shall not
be curable by mere amendment
of the complaint or other
initiatory pleading but shall
cause for the dismissal of the
case without prejudice, unless
otherwise provided, upon
motion and after hearing. The
submission of a false
certification or non-compliance
with any of the undertakings
therein shall constitute indirect
contempt of court, without
prejudice to the corresponding
administrative and criminal
actions. If the acts of the party
or his counsel clearly constitute
willful and deliberate forum
best of his (or her) knowledge, no
such other action or claim is
pending therein; (b) if there is such
other pending action or claim, a
complete statement of the present
status thereof; and (c) if he (or
she) should thereafter learn that
the same or similar action or claim
has been filed or is pending, he (or
she) shall report that fact within
five (5) calendar days therefrom to
the court wherein his (or her)
aforesaid complaint or initiatory
pleading has been filed.
The authorization of the ❑The second paragraph  is a
affiant to act on behalf of a new provision which requires
party, whether in the form of that the authorization of an
a secretary’s certificate or a affiant to act on behalf of a
special power of attorney, party (regarding the certification
should be attached to the against forum shopping) must
pleading. be either in a secretary’s
certificate or a SPA attached to
Failure to comply with the the pleading.
forgoing requirements shall not No amendment in the third
be curable by mere amendment paragraph, although it should
of the complaint or other be gender-based.
initiatory pleading but shall
cause for the dismissal of the
case without prejudice, unless
otherwise provided, upon
motion and after hearing. The
submission of a false
certification or non-compliance
 shopping, the same shall be with any of the undertakings
ground for summary dismissal therein shall constitute indirect
with prejudice and shall contempt of court, without
constitute direct contempt, as prejudice to the corresponding
well as a cause for administrative and criminal
administrative sanctions. actions. If the acts of the party
or his (or her) counsel clearly
constitute willful and deliberate
forum shopping, the same shall
be ground for summary
dismissal with prejudice and
shall constitute direct contempt,
as well as a cause for
administrative sanctions.
Sec. 6. Contents NO ORIGINAL PROVISION Every pleading stating a ❑This is a new section which
party’s claims or defenses requires that, aside from stating
shall in addition to those the party’s claims or defenses,
mandated by Section 2, Rule every pleading must state the
7, state the following: following items: (a) the names
(a) Names of witnesses who of witnesses who will be
will be presented to prove a presented; (b) summary of the
party’s claim or defense; witnesses’ intended
(b) Summary of the testimonies, with their judicial
witnesses’ intended affidavits attached to the
testimonies, provided that pleading; and (c) documentary
the judicial affidavits of said and object evidence in support
witnesses shall be attached of the allegations contained in
to the pleading and form an the pleadings.
integral part thereof. Only ❑In item (b), no other witness
witnesses whose judicial or affidavit shall be heard or
affidavits are attached to the admitted, except for meritorious
pleading shall be presented reasons to serve as basis for

Rule 8
Sec. 1. In general Every pleading shall contain in a
methodical and logical form, a
plain, concise and direct statement
of the ultimate facts on which the
party pleading relies for his claim or
defense, as the case may be,
omitting the statement of mere
evidentiary facts.
If a defense relied on is based on
law, the pertinent provisions
thereof and their applicability to him
shall be clearly and concisely
stated.
Sec. 6. Judgment In pleading a judgment or decision
of a domestic or foreign court,
judicial or quasi-judicial tribunal, or
of a board or officer, it is sufficient
to aver the judgment or decision
without setting forth matter showing
by the parties during trial. the admission of additional
Except if a party presents witnesses
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.
Every pleading shall contain in a ❑The amendment in the first
methodical and logical form, a paragraph of Sec. 1 requires that
plain, concise and direct statement every pleading shall contain, not
of the ultimate facts, including the only stating the ultimate facts, but
evidence on which the party also the evidence relied upon by
pleading relies for his claim or the party for his/her claim or
defense, as the case may be, defense
omitting the statement of mere
evidentiary facts.
The amendments herein added “a
If a cause of action or defense cause of action” which may be
relied on is based on law, the based on law and clearly and
pertinent provision thereof and their concisely stated, aside from being
applicability to him or her shall be gender-based.
clearly and concisely stated.
In pleading a judgment or decision The amendment in the second
of a domestic or foreign court, sentence of Sec. 6 requires an
judicial or quasi-judicial tribunal, or “authenticated copy” of the
of a board or officer, it is sufficient judgment or decision of a domestic
to aver the judgment or decision or foreign court, judicial or quasi-
without setting forth matter showing judicial tribunal, or of a board or
 jurisdiction to render it.
Sec. 7. Action or defense Whenever an action or defense is
based on document based upon a written instrument or
document, the substance of such
instrument or document shall be
set forth in the pleading, and the
original or a copy thereof shall be
attached to the pleading as an
exhibit, which shall be deemed to
be a part of the pleading, or said
copy may with like effect set forth
in the pleading.
Sec. 11. Allegations not Material averment in the complaint,
specifically denied deemed other than those as to the amount
of unliquidated damages, shall be
admitted deemed admitted when not
specifically denied. Allegations of
usury in a complaint to recover
usurious interest are deemed
admitted if not denied under oath.
Sec. 12. Affirmative NO ORIGINAL PROVISION
defenses
jurisdiction to render it. An
authenticated copy of the
judgment or decision shall be
attached to the pleading.
Whenever an action or defense is
based upon a written instrument or
document, the substance of such
instrument or document shall be
set forth in the pleading, and the
original or a copy thereof shall be
attached to the pleading as an
exhibit, which shall be deemed to
be a part of 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. Allegations of
usury in a complaint to recover
usurious interest are deemed
admitted if not denied under oath.
(a) 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 the venue is improperly
laid;
officer, subject of a pleading.
The amendment in Sec. 7 deleted
the last sentence thereof that
recognized that the “copy (of the
written instrument or document
relied on for an action or defense)
may with like effect set forth in the
pleading”
❑The amendment in Sec. 11
involves changing the reference to
a “complaint” into a “pleading
asserting a claim or claims”
❑This is a new section.
❑The amendment lists affirmative
defenses that can be raised in an
answer, such as: (1) the court has
no jurisdiction over the person of
the defending party; (2) the venue
is improperly laid; (3) the plaintiff
has no legal capacity to sue; (4)
the pleading asserting the claim
states no cause of action; and (5) a
condition precedent for filing the
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.
(b) Failure to raise the
affirmative defenses at the
earliest opportunity shall
constitute a waiver thereof.
(c) The court shall motu proprio
resolve the above affirmative
defenses within thirty (30)
calendar days from the filing of
the answer.
(d) 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.
(e) Affirmative defenses, if
denied, shall not be subject of a
motion for reconsideration or
petition for certiorari, prohibition
claim has not been complied with\
The above affirmative defenses are
in addition to those mentioned in
Sec. 5(b), Rule 6
❑The affirmative defenses should
be raised at the earliest
opportunity, and failure to do so
shall constitute a waiver thereof.
❑The court, motu proprio, should
resolve the affirmative defenses
within 30 calendar days from the
filing of the answer, if said
defenses are based on the 5
grounds in Sec. 12(a), Rule 8.
❑If the affirmative defenses are
based on Sec. 5(b), Rule 6, (such
as fraud, statute of limitations,
release, payment, illegality, statute
of frauds, estoppel, former
recovery, discharge in bankruptcy
and another other by way of
confession and avoidance), the
court may conduct a summary
hearing within 15 calendars from
the filing of the answer and the
same shall be resolved within 30
calendar days from the termination
of the summary hearing.
Affirmative defenses, if denied,
cannot be the subject of a motion
for reconsideration or a petition for
certiorari, prohibition, mandamus,
but may be raised on appeal after
judgment on the merits.
 or mandamus, but may be
among the matters to be raised
on appeal after a judgment on
the merits.
Sec. 13. Striking out of Upon motion made by a party Upon motion made by a party ❑The amendments in Sec. 13
pleading or matter before responding to a pleading before responding to a pleading (which was re-numbered)
or, if no responsive pleading is or, if no responsive pleading is emphasizes that the period for
contained therein
permitted by these Rules, upon permitted by these Rules, upon a party to, for one, move to
motion made by a party within motion made by a party within have a pleading or any sham or
twenty (20) days after the twenty (20) calendar days after false, redundant, immaterial,
service of the pleading upon the service of the pleading impertinent or scandalous
him, or upon the court’s own upon him or her, or upon the matter be stricken out should
initiative at any time, the court court’s own initiative at any be 20 calendar days after
may order any pleading to be time, the court may order any service of a pleading upon said
stricken out or that any sham or pleading to be stricken out or party.
false, redundant, immaterial, that any sham or false, Also, the amendment is only
impertinent, or scandalous redundant, immaterial, gender-based..
matter be stricken out impertinent, or scandalous
therefrom. matter be stricken out
therefrom.

Sec. 3. Default; (e) Where no defaults allowed. (e) Where no defaults allowed. ❑No amendment in the first
Declaration of – If the defending party in – If the defending party in paragraph of Sec. 3, as well as
action for annulment or action for annulment or in the following items: (a) Effect
declaration of nullity of declaration of nullity of of order of default; (b) Relief
marriage or for legal separation marriage or for legal separation from order of default; (c) Effect
fails to answer, the court shall fails to answer, the court shall of partial default; and, (d)
order the prosecuting attorney order the Solicitor General or Extent of relief to be awarded.
to investigate whether or not a his or her deputized public The amendment in item (e) of
collusion between the parties prosecutor to investigate Sec. 3 identifies requires  the
exists, and if there is no whether or not a collusion Solicitor General or his or her
collusion between the parties between the parties exists, and deputized public prosecutor
 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.
Rule 10
Sec. 2. Amendments as a A party may amend his pleading
once as a matter of right at any
matter of right time before a responsive pleading
is served or, in the case of a reply,
at any time within ten (10) days
after it is served.
Sec. 3. Amendments by Except as provided in the next
preceding section, substantial
leave of court amendments may be made only
upon leave of court. But such leave
may be refused if it appears to the
court that the motion was made
with intent to delay. Orders of the
court upon the matters provided in
this section shall be made upon
motion filed in court, and after
notice to the adverse party, and an
opportunity to be heard.
Sec. 5. No amendment When issues not raised by the When issues not raised by the The amendment in Sec. 5
necessary to conform to or pleadings are tried with the pleadings are tried with the includes deleting all the
express or implied consent of express or implied consent of sentences
if there is no collusion between (not just the prosecuting
the parties exists, and if there is attorney) to investigate whether
no collusion, to intervene for or not a collusion between the
the State in order to see to it parties if the defending party in
that the evidence submitted is action for annulment or
not fabricated. declaration of nullity of
marriage or for legal separation
fails to answer.
A party may amend his pleading The amendment in Sec. 2
once as a matter of right at any emphasizes that the period to
time before a responsive pleading amend a pleading, aside from any
is served or, in the case of a reply, time before a responsive pleading
at any time within ten (10) is filed, is 10 calendar days after a
calendar days after it is served. reply is served.
Except as provided in the next The amendment in Sec. 3 added 2
preceding section, substantial more reasons when the court may
amendments may be made only refuse amendments by leave of
upon leave of court. But such leave court, such as when the
shall be refused if it appears to the amendment is intended to confer
court that the motion was made jurisdiction to the court or the
with intent to delay or confer pleading states no cause of action
jurisdiction on the court, or the from the beginning which could be
pleading stated no cause of amended.
action from the beginning which
could be amended. Orders of the
court upon the matters provided in
this section shall be made upon
motion filed in court, and after
notice to the adverse party, and an
opportunity to be heard.
after the first
authorize presentation of the parties, they shall be the parties, they shall be sentence. Instead, a new
evidence treated in all respects as if they treated in all respects as if they sentence is included which
had been raised in the had been raised in the provides that no amendment of
pleadings. Such amendment of pleadings. No amendment of a pleading deemed amended
the pleadings as may be such pleadings deemed (when issues not raised are
necessary to cause them to amended is necessary to tried with the consent of the
conform to the evidence and to cause them to conform to the parties) is necessary to make it
raise these issues may be evidence. conform to the evidence.
made upon motion of any party
at any time, even after
judgment; but failure to amend
does not affect the result of the
trial of these issues. If evidence
is objected to at the trial on the
ground that it is not within the
issues made by the pleadings,
the court may allow the
pleadings to be amended and
shall do so with liberality if the
presentation of the merits of the
action and the ends of
substantial justice will be
subserved thereby. The court
may grant a continuance to
enable the amendment to be
made.
Sec. 6. Supplemental Upon motion of a party the Upon motion of a party the ❑The amendments in Sec. 6 is
pleadings court may, upon reasonable court may, upon reasonable gender-based and emphasizes
notice and upon such terms as notice and upon such terms as that the period for an adverse
are just, permit him to serve a are just, permit him or her  to party to submit a pleading to a
supplemental pleading setting serve a supplemental pleading supplemental pleading is within
forth transactions, occurrences setting forth transactions, 10 calendar days from notice of
 or events which have happened
since the date of the pleading
sought to be supplemented.
The adverse party may plead
thereto within ten (10) days
from notice of the order
admitting the supplemental
pleading.
Sec. 8. Effect of amended An amended pleading
pleadings supersedes the pleading that it
amends. However, admissions
in superseded pleadings may
be received in evidence against
the pleader, and claims or
defenses alleged therein not
incorporated in the amended
pleading shall be deemed
waived.
occurrences or events which the order admitting the
have happened since the date supplemental pleading.
of the pleading sought to be
supplemented. The adverse
party may plead thereto within
ten (10) calendar days from
notice of the order admitting the
supplemental pleading.
An amended pleading The amendment in Sec. 8 is
supersedes the pleading that it only replacing the word
amends. However, admissions “received” to “offered”, so that
in superseded pleadings may admissions in superseded or
be offered in evidence against amended pleadings may be
the pleader, and claims or offered in evidence against the
defenses alleged therein not pleader
incorporated in the amended
pleading shall be deemed
waived.

Rule 11
Sec. 1. Answer to the The defendant shall file his answer
to the complaint within fifteen (15)
complaint days after service of summons,
unless a different period is fixed by
the court.
Sec. 2. Answer of a Where the defendant is a foreign
private juridical entity and service
defendant foreign private of summons is made on the
juridical entity government official designated by
law to receive the same, the
answer shall be filed within thirty
(30) days after receipt of summons
by such entity.
 The defendant shall file his answer
to the complaint within thirty (30)
calendar days after service of
summons, unless a different period
is fixed by the court.
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.
The amendment in Sec. 1 requires
that the period to answer is now 30
calendar days (no longer 15 days)
after service of summons.
❑The amendment in Sec. 2
requires that the period to answer
for a foreign private juridical entity
is now 60 calendar days (no longer
30 days) after receipt of summons.
Sec. 3. Answer to Where the plaintiff files an Where the plaintiff files an ❑The amendment in Sec. 3, for
amended complaint as a matter of amended complaint as a matter of one, requires that the period to
amended complaint right, the defendant shall answer right, the defendant shall answer answer an amended complaint
the same within fifteen (15) days the same within thirty (30) (filed as a matter of right) is now
after being served with a copy calendar days after being served 30  calendar days (not 15 days)
thereof. with a copy thereof. after the defendant is served a
copy of the amended complaint.
Where its filing is not a matter of Where its filing is not a matter of ❑Also, when the filing of an
right, the defendant shall answer right, the defendant shall answer amended complaint is not a matter
the amended complaint within ten the amended complaint within of right, the answer thereto is within
(10) days from notice of the order fifteen (15) calendar days from 15 calendar days (not 10 days)
admitting the same. An answer notice of the order admitting the after notice of the order admitting
earlier filed may serve as the same. An answer earlier filed may the amended complaint.
answer to the amended complaint serve as the answer to the No amendment in the last
if no new answer is filed. amended complaint if no new paragraph of Sec. 3
answer is filed.
Sec. 4. Answer to A counterclaim or cross-claim must A counterclaim or cross-claim must The amendment in Sec. 4 requires
counterclaim or cross claim be answered within ten (10) days be answered within twenty (20) that the period to answer a
from service. calendar days from service. counterclaim or cross-claim is 20
calendar days.
Sec. 6. Reply A reply may be filed within ten (10) A reply, if allowed under Section The amendment in Sec. 6 requires
days from service of the pleading 10, Rule 6 hereof, may be filed that the period to file a reply (if
responded to. within fifteen (15) calendar days allowed under Sec. 10, Rule 6) is
from service of the pleading now 15 calendar days (not 10
responded to. days) from service of the pleading
to be responded to
Sec. 7. Answer to A supplemental complaint may be A supplemental complaint may be ❑The amendment in Sec. 7
supplemental complaint answered within ten (10) days from answered within twenty (20) requires that the period to file an
notice of the order admitting the calendar days from notice of the answer to a supplemental
same, unless a different period is order admitting the same, unless a complaint is now 20 calendar days
fixed by the court. The answer to different period is fixed by the (no longer 10 days) from notice of
the complaint shall serve as the court. The answer to the complaint the order admitting said complaint
answer to the supplemental shall serve as the answer to the
complaint if not new or supplemental complaint if not new
supplemental answer is filed. or supplemental answer is filed.
Sec. 11. Extension of time Upon motion and on such terms as A defendant may, for meritorious ❑The amendment in Sec. 11
to file an answer may be just, the court may extend reasons, be granted an provides that, for meritorious
the time to plead provided in these additional period of not more reasons, a defendant may have an
Rules. than thirty (30) calendar days to additional period of not more than
file an answer. A defendant is 30 calendar days to file an answer.
The court may also, upon like only allowed to file one (1) Also, only one motion for extension
terms, allow an answer or other motion for extension of time to of time is allowed.
pleading to be filed after the time file an answer. A motion for extension to file any
fixed by these Rules. other pleading, other than an
A motion for extension to file answer, is a prohibited and a mere
any pleading, other than an scrap of paper. Any other pleading
answer, is prohibited and may be allowed to be filed by the
considered a mere scrap of court after the time fixed by the
paper. The court, however, may Rules.
allow any other pleading to be filed
after the time fixed by these Rules.
Rule 12
Sec. 1. When applied for, Before responding to a pleading, a Before responding to a pleading, a The amendments in Sec. 1 are
party may move for a definite party may move for a definite gender-based and requires that,
purpose statement or for a bill of particulars
statement or for a bill of particulars aside from before responding to a
of any matter, which is not averred of any matter, which is not averred pleading, the period to file a motion
with sufficient definiteness or with sufficient definiteness or for bill of particulars is 10 calendar
particularity, to enable him properly
particularity, to enable him or her days from the service of a reply.
to prepare his responsive pleading. properly to prepare his or her
If the pleading is a reply, the responsive pleading. If the pleading
motion must be filed within ten (10)is a reply, the motion must be filed
days from service thereof. Such within ten (10) calendar days from
motion shall point out the defects service thereof. Such motion shall
complained of, the paragraphs point out the defects complained
wherein they are contained, and of, the paragraphs wherein they
the details desired. are contained, and the details
desired.
Sec. 3. Compliance with If the motion is granted, either in If the motion is granted, either in The amendment in Sec. 3 requires
whole or in part, the compliance whole or in part, the compliance that, once the motion for bill of
order therewith must be effected within therewith must be effected within particulars is granted, the
 ten (10) days from notice of the
order, unless a different period is
fixed by the court. The bill of
particulars or a more definite
statement ordered by the court
may be filed either in a separate or
in an amended pleading, serving a
copy thereof on the adverse party.
Sec. 5. Stay of period to After service of the bill of
particulars or of a more definite
file responsive pleading pleading, or after notice of denial of
his motion, the moving party may
file his responsive pleading within
the period to which he was entitled
at the time of filing his motion,
which shall not be less than five (5)
days in any event.
Rule 13
ten (10) calendar days from notice
of the order, unless a different
period is fixed by the court. The bill
of particulars or a more definite
statement ordered by the court
may be filed either in a separate or
in an amended pleading, serving a
copy thereof on the adverse party.
After service of the bill of
particulars or of a more definite
pleading, or after notice of denial of
his motion, the moving party may
file his responsive pleading within
the period to which he was entitled
at the time of filing his motion,
which shall not be less than five (5)
calendar days in any event.
compliance therewith must be
within 10 calendar days from notice
of the order.
The amendment in Sec. 5 requires
that after a bill of particulars or a
more definite pleading is filed, or
after notice of denial of the motion
for such, the moving party  file his
responsive pleading within the
period to which he is entitled to, but
not less than 5 calendar days in
any event