subject matter jurisdiction

okay so we'll go to the first slide venue parts and contents and filing
which is uh service no
of ordinary cibut actually you are vil actions by the and under under someone see we will
way discuss diction over
this is a two module uh persons the modes of service and then
this is a two module webinar the first the return
module today will take up rules one to and proof of service under responsive
seventeen of the rules pleadings we will discuss bill of
on civil procedure and then tomorrow particulars
we'll do 18 the answer the reply and rejoinder
until judgments not but um filing and service
please do not expect me to focus on the and default and under interlocutor
on a comparison interlocutory matters as i already
of the 1997 rules and the amended mentioned we'll discuss motions
provisions uh and special dismissals let's go to the
that you're going to do today rather i next slide please
was i was really very excited when nana okay so okay this i'm very excited load
asked me to chart
come up with a new perspective of because flowchart i tried to put all
presenting the revisions i said those
nana i think it will be more productive uh all those incidents those
and useful step-by-step incidents in one flow chart
for our listeners if we can present to no
them the but of course you may say that this is
process flow so what we're going to do too simplistic
today and that is true because that is the
is follow the process of a civil case very purpose for the revisions
from the start meaning the filing up to this year in our rules and simple
its procedure we wanted to
um conclusion which is which may be streamline trial no um year after year
judgment not in the um ease of doing business uh
so this first slide will show you the survey
incidents that um will bring us conducted by the world bank the
to the conclusion of a civil case no and philippines always rates very poorly
it starts with we are always at the bottom no and the
the initiatory pleadings and then you reason for this is because
have the summons even a simple sum of money case no a
and then you have responsive pleadings contract a breach of contract case
and then you have interlocutory matters involving a
which is followed by pre-trial trial involving some of money takes from three
judgment and to five years in our trial courts no
execution okay let's go to the next but uh you you cannot and should not
slide please lala blame this on the on the trial courts
on the next slide you will see that i alone no
divided uh a good deal of the delays in our
our discussions today into four no first litigation
will be the initiatory pleadings have to do with the rules that we have i
and then you have the someone's and then actually call them archaic rules and so
you have the responsive pleadings finally with the new revisions we are
and then you have the interlocutory able to streamline
matters which will cover our litigation process and able to take
motions and special dismissals now under out a lot of the interlocutor
inter initiatory pleadings incidents that cause delay now i am very
we will discuss the cost of action excited about this because these are the
practices that proceed to the next
a lot of our judges have been uh step which is file a return um
implementing the record for a while and officer of the court whose servants
which i also practice in my course for found
the years that i was a trial judge and then the answer is filed no if the
but uh now there have been answer is filed
institutionalized i know that there is a yes then you go to next arrow you can
great um well that there is a worthiness either file a motion for summary
on the part of our practitioners no judgment or a motion for judgment
and our litigants as to these changes on the pleadings if the circumstances
and warrant
um many are also saying that it's going otherwise you file your answer but if
to entail there is no answer filed you go
a lot of work no but uh that is not true up that's under uh and and that that
we are just will now fall under the
moving up the work that you do in an provisions on default now you move for
ordinary litigation the declaration of the defending party
to the outs instead of doing it in default no
piecemeal if the motion is granted an order
as they try your cases or prosecutor default is issued then you cross
cases we are now pushing everything up all the way down no
to the front and we go to the presentation of
and then when you do the rest of the evidence for the plaintiff not there on
litigation it's easier for everyone not in trial no however if there is no
just the judges but also for the declaration of default no you have to
litigants okay issue or the court issues a pretrial
so in this flow chart you will see no notice and sets pre-trial then you go to
you will see that we start with uh the
we start with a filing of the initiatory you go to the stage there of pre-trial
pleading you see it there and then you where you see pre-trial and then you
you have missile under rule 9.1 no these have court annex mediation and then you
are for them have judicial dispute resolution
these are for the causes that are not you will see that court alex mediation
waived that's like and judicial dispute resolution are in
lack of jurisdiction over the subject bro uh are surrounded or or um
matter um litispendence arrest judicata captured in broken line because these
and prescription okay and then two stages may not
you have there yes or no yes at the be necessary if there is a settlement
bottom if there is a dismissal then already
that's the end at the pre-trial before the judge no all
nobody could be to the arrow right and then
which says no no no dismissal meaning at the bottom you see the box they're
that this metal is denied successful
it's not allowed no then we issue some if yes then you render judgment the
and then there is service of some then court renders judgment
at the bottom the settlement of the party will be the
is service is okay if it's not okay may end of the
it may result a dismissal for failure to the end of the litigation but if not we
acquire jurisdiction over the person of go again
the defendant and then that will be the to the to the box on trial not to the
end of the case as well no stages under trial
or it can be a yes meaning there was so trial affiliative percentage of
proper service evidence there can be a demure to
once and and soldiers declared over the evidence no on the part of the defendant
person of the defendant and then we this is not granted then we proceed to
trial with the defendant involved no
evidence but if this is granted then but what i mean is for laymen no that's
again we skip one of the greatest
the presentation of evidence for the disservice that we that we are all
defendant and we go to render judgment guilty of mutually guilty of
and then that's the end of the civil no most of the litigants do not
litigation no understand what's happening in their
this is just a depiction of the steps case
or the process flow of a civil case largely dependent on what the lawyers
know that there are other incidents that tell them and also on what they hear
may come into from the judge
that may come into the different phases but you know even even when i was a
that i have judge i could not explain step by step
that i have shown here but please to all my litigants no and so with this
remember this is your basic process flow very clear process flow hopefully
okay and the reason why i thought of everybody
doing this is because the major will know at which stage in the process
revisions in the rules and civil they are
procedure and they will be able to the necessary
focus on fixing timelines for each of questions and concerns if not with the
these major stages horton at least with their lawyers right
and the reason behind that is that the let's go to the next slide please lala
chief just justice is parallel okay so now i'm saying the flow of
that has well has come to the conclusion ordinary civil actions
which is actually a no which is actually okay okay so um and we're starting with
correct initiator repeating already here
that it has been very hard to gauge the okay so as i already mentioned we're
efficiency and effectiveness going to discuss this matter
of our uh cortices without timelines no under initiatory pleading it's the cause
because of action the first question you ask is
true enough the judges or the the courts do you have a cause of action okay and
may render the judgments within the we not only ask this for reason
appearance agreed in the consequence uh well for ethical reasons because uh
but if they take all they may have our oath our attorneys owe is okay not
rendered the decision within to pursue any
30 days if somebody or nine days regular any uh merit less cost no and so
but if they took five years or so to but we are doing this for a very very
hear the case then pro practical and logical reason no you
that is actually self-defeating no and can only pursue
so and so that is the reason why a case and win it if you have a valid
we thought of putting timelines and cause of action
really right and then so the next thing is do
and really compartmentalizing each of you have subject matter
these phases so now with this process jurisdiction which court has the subject
flow matter jurisdiction over your cause of
with this flow chart we can see how the action
work is going to be done you may answer yes to the first question
at any given point in the litigation you you have a cause of action
know where you are but then if you do not write to the
this is the other challenge that we seek proper
to address by making it or the test matter jurisdiction your
so simple and plain as this no of course positive action
in real life it's not going to be so be thrown out of okay and then the third
simple venue
especially with lawyers and judges okay so we we have a cause of action we
know which court has subject matter no
jurisdiction over it and the requirement is there under
but at which venue should your cost of rule two section one know that every
action be filed ordinary civil
let's just say it's a sum of money case action must be based on the cause of
okay action and we all know
and let's say it exceeds well let's say that action has three elements not the
exceeds four hundred thousand pesos plaintiff's legal right the defendant's
and we know that that's the regional correlative obligation to respect the
trial court no under bp129 section 19 plaintiff's
the regional trial court has subject uh legal right and then the third of
matter jurisdiction over that particular course is the most important the
cause of action defendant's actor omission
but which regional trial court we have i which violates the play right and then
think over a thousand regional trial the next we'll just show you a quote now
courts now all over the country to test i mean the existence of a cause
that is talking about venue okay so of action
venue is about the geographic from the heirs of marama case not a 2009
column or the place where you file your case no
cost of action okay and then the next of course we also know that um the test
one is applied by hypothetically admitting
is parts and contents what must your all the
initiative or contain factual allegations in the complaint no
how must your costs of action be elected uh of course we only admit the factual
discuss this here allegations we do not admit conclusions
note please that now uh with the of law
revision and we do not admit allegations that are
we don't only have parts of a pleading legally impossible
no we also have contents now and it or those that are inadmissible in
dictates to you evidence as
what you should allege in your pleading enumerated in the case of marama the
failing screen there will be some slides where i
in which your pleading may be have jurisprudence for you
susceptible just as a review which i will not
to this missile for failure to state a discuss in detail okay we will just go
cause of action through them
right and then the the last one here very quickly okay we'll go to the next
under initiator slide now
is filing and service how do you file again the cause of action what is the
your initiatory pleading and how do you test no
serve your initial reading those are okay so um we have to call
two different actions let's go to this rule 8.2 which is a new plan
slide please lala um which is which actually embodies our
okay ordinary civil actions what is an ship not a radical ship
ordinary civil action remember from ultimate facts to evidence now
that uh the rules and civil procedure do when we get to rule 8.1 i'll show that
not apply only to ordinaries but also to you and then rule 7.6
but also to special civil actions all is um the intents of a pleading and
right so a civil action initiatory pleading in particular
on the screen you will see is the which requires not just the summary of
definition rule 1.3 testimonies but also the judicial
okay it is um affidavits
one which is pursued for the enforcement including the object evidence again
or protection of her right we'll get to that later on right
or the redress or prevention of a wrong okay let's do the next slide please
okay so now a prohibition or just as a um shows you the rule under rule 3.6 no
review there is a prohibition like so
your causes of action no so uh this is all persons in home or against whom any
our mechanism against multiple suits right to relief
and also against well possible in respect to or arising out of the same
conflicting decisions transaction or series of transactions
okay so the rule is first of all that is alleged to exist whether jointly
every severally or in the alternative
every action must split one may be joined as plaintiffs in one
and the second rule or the the one that complaint or as defendants in one
goes complaint
at the corollary rule is that you can they have common questions of factor law
that's it a cause of action uh which arise in the course of action
okay um because now becomes no so
your your causes of action which lit of course you also uh misjoined her of
will be parties or non-joint and even
susceptible to this pendant joined their part peace resulted
or rest judicata okay on the next slide dismissal
we discuss jointer of causes of action of the case it's not a ground for
under rule 2.5 we are told that we may dismissal okay let's go to the totality
assert in the alternative or otherwise rule which is on the next slide i
as many causes of action already mentioned
as may as we may have against the okay so uh best example we can give
opposing party you know here is a series of loans no between the
there are just conditions that you must same debtor and creditor
comply comply with so the total must be the subject matter
of course um you have to apply with the jurisdiction of the horde
rules right and then then slide okay
regarding the jointer of parties okay that's rule 8.2 a party made for
and the jointer shall also not include two or more statements of a claim or
special civil actions or actions defense alternatively or hypothetically
which are governed by special rules no either in one cause of action or defense
okay or in separate causes of action or
and then multi-new causes of action defenses
involving the same parties the authority when two or more statements are made in
subject matter jurisdiction the alternative no
and the venue is properly laid with the if one would be sufficient feeding will
same court okay so not be rendered insufficient by the
the court must have subject matter insufficiency of one of the other
jurisdiction alternative statements okay so when i
and the venue must also be proper for was still a practitioner
the court to take i practiced law also uh for 10 years
things of the causes of action that are before i joined the bench
joined no and lastly if all the causes uh i would i would have this not in my
of action pleadings no i'd have a first cause of
are principally for recovery of money action
then we have the and have a second cause of action no and
we have the totality rule no uh okay and and um
then the next slide will just give you a there they may not always be in sync no
and again another quote regarding uh the there may be alternative causes
purpose for the gender of causes of one example we can give is perhaps the
action i already mentioned them to you the main cause of action is for breach
uh as against uh as a mechanism against of
multiplicity of suits contract now so you can ask for your
the next uh slide of parties first conception maybe
for the performance no of uh let's say you have the utility or purposes for the
it's the payment uh that was not economy to inform the defense clearly
come with okay uh you are asking and definitely of the claims against him
by way of your first cost of action for so that he may prepare to beat the the
the payment issues at trial and then
on that contract but in the alternative for the defendant of all material facts
not as an alternative cause of action which the plaintiff relies upon to
you may ask to send for the return of support the claim
the property if that is allowed under and last is to state the theory of a
the cause of action okay which forms
suing under no uh if payment of the the plaintiff's claim okay and then
balance can let's go to the counter claim
no longer be no so that is an example of course as we all know countries claim
your alternative cost or your multiple that a defendant has
causation again plaintiff okay and we also know
right and then we have uh the next slide that
on this jointer of it can either a compulsory or a
action again to stress like mr permitted counter claim
joy of parties it is not a ground for now in the recently uh
dismissal of the action rather the court concluded bar examination um
may order the other cause of acts this is one of the questions i asked in
and pursued separately all right okay remedial law not the difference between
and then um the next slide will see a compulsory and a permissive
another quote counterclaim
okay regarding this joint measure of and sadly a lot of the examinees
causes of action were unfamiliar with the distinctions
okay now let's go to pleading your and so i thought of uh just eating some
causation how are causes jurisprudence here for everybody's uh
in court and then um we are ready now to review
do of the difference between a compulsory
6.1 where it states that pleadings and a permissive counter claim
are statements of the respective claims and you will see that in the succeeding
and defenses of the parties slide okay
and the claims okay are supposed to be and of course our rule is there you have
asserted the relationship test which is the
in a complaint a counter claim a cross most common commonly used test now and
claim of course
etc it may be a fourth party complaint the rule is that the compulsory counter
and a complaint in intervention claim which is not raised is barred
the next slide shows you the definition already
of a complaint no now let's go to the frost claim okay you
under 6.3 it is the bleach alleges the may claim who may raise across claims
plaintiffs or aiming claim is raised by one party against the
parts of action okay the only whole party you may
uh is to add the phrase claiming parties have you may have you may have
not because we're not co-defendants more than one defendant so
limited to a plaintiff you have also a it's a claim by one defendant
counter claim month no and the other defendant okay oh
you can have a cross claim or a party it must arise out of the transaction
complete occurrence which is the subject mean sub
uh third party they are all actually subject matter either of the original
plaintiffs action or
but we just sort of making it more clear part of their claim okay
so we use the phrase claiming party on the next slide you have the third
right and then from jurisprudence there party or fourth party complaint
okay and um note here okay so an example of an extraneous matter
that it is done or admitted only with maybe
leave of court no um a versus sum of money now b
and um of course this will go through third part convinced c no because um
the process you will see later on in our b says that uh the sum of money
litigious that uh he a he
months uh how the court will act on a actually led to okay and so he see
third party or a fourth party complaint uh b seeks to bring in c as a third
okay uh the the most classic party defendant no so of course between
uh example give here a proportion in the a and that is a matter which is totally
case of insurance claims no where the extraneous no
insurer that may cause the court to deny
pays for the um claim balance of a third-party complaint will
and gets selected and steps into the cause a true delay
shoes now of the to the conclusion of the main case right
insured okay and okay and then the last
um let's go to the next slide um exception that the effect would be to
okay so now this is a new provision okay do separate controversy action okay so
a third-party complaint or a fourth um in the same example a versus b
party complaint etc sum of m and now b c file a third
shall be denied admission now under particle b versus a and c
three circumstances uh no b versus c no and so it's a
the first is when the counterclaim against
or fourth party complaint cannot com uh a but b wants to file a third plate
the against c
defense defendant to the third party or who was uh who's not an original party
fourth party complaint can be located because b
within 30 calendar days from the grant says that i have a claim uh
of for a share in property which a and c
not to file the third party or fourth cohorts
party complaint that's the first is a totally extreme matter and is best
exception litigated in a separate controversy
okay so this one is not a ground for the right
disallowance because in this particular so now let's go to jerusalem that's the
instance next slide
the um the third party or fourth and when we speak of jurisdiction
party plate was already allowed or talking about subject matter
admitted by the court and someone had jurisdiction okay
already issued okay and that refers to the power of court
but uh some ones could not be served to uh here try and decide a case okay
within 30 days and then how do we determine
from the time that the court allowed the jurisdiction
filing of the third party complaint of course no the jurisdiction is
and what is an exception because we determined by the allegation complaint
don't want a necessary delay no
to the main case okay if the original and we are we are confined to the four
parties the original corners of the initial leading
plaintiff and defendant are already uh determining subject matter
before the court we don't jurisdiction we also know
a third party or fourth party defendant okay that jurisdiction is confirmed by
who cannot be located to cause any undue law it is not subject
delay to the main case to the will of the parties parties
right exception is when matters cannot regarding jurisdiction of the
exchanges court
the issue in the principal case are okay okay it cannot also be diminished in any
manner incorrect
or added to and neither can the acquire but the irregular procedure cases in
sense of the court no summary procedure
allow for addition or diminution you can dismiss a civil action without
confirmment of jurisdiction on any court any motion for any of the grounds
okay available for the dismissal of case
and it is also not subject to compromise under rule
now in criminal case it's very common no 16 section 1 okay that's only in the in
um the rule and summary procedure
during free trial the there are and then on the next slab venue in real
recipients it's very common that we action
hear no uh counsel stating your honor we okay we know that any actions affecting
stipulate on the jurisdiction of the title two or possession of real property
court but that's a criminal case it's or interest they're in the venue the
different court which has a jurisdiction over the
in cases our jurisdiction is territorial place for the real property
uh we know that it is tied to venue or any portion they're off is located no
okay so where the crime or the and then the next slide is just
uh after a mission takes place the place rule point 4.2 okay venue of personal
also actions not
which will be said with very direction personal actions meaning all other
over the subject of the actions those not involving real
offense no that's why it is not uncommon property or title or interest they're in
for no venue is the plaintiff's residence no
um criminal cases no in criminal cases or any of the plaintiffs or benny of the
for of course to defendant or any of the defendants
allow stipulations regarding subject and this is always at the choice of the
matter jurisdiction plaintiff no in the case of a
at least only to territory okay non-resident defendant where he may be
and the next determination of found that's an alternative venue
jurisdiction as already mentioned no right and then what is the definition of
it is conferred by statutors at the time residence here we're just talking about
of the commencement of the action okay actual residence physical presence now
and the next slide we're not talking about
speaks of new but as i already mentioned dial uh and loss
to you okay so only actual residence now
earlier you take this in relation to the going to venue of actions against
jurisdiction now first you determine non-residents on the next slide lala
which court has jurisdiction over the okay so
subject matter refer to the distinctions between
and then you ask yourself so uh what's actions and adren and kuisai and remna
not about the rtc's or among the first because um if the action involves status
level courts the person or property of the defendant
with uh in what place nor or what is located in the philippines or
official or any of the rest in the property or
should i file my case now so that's his to our interest in that property
talking about the place of trial then it is an
as i mentioned the geographical location actual requesi in rem so the subject
it is plainly procedural matter there
and it's not jurisdictional okay and the rest no that's what we need to have
then the next slide will just jurisdiction over no
give you again a a quote from and um if service is still required on
jurisprudence the party
now that uh motor property dismissal on then it is only for due process reasons
the on the basis of improper venue is okay
and then next we have stipulations and know the allegations of your claims or
venue under rule for defenses
parties are allowed to stipulate now including the relief or prayer as well
regarding as the date of the pleading okay
an exclusive venue but you know from and then now let's go to the next slide
juris this one of the major changes
students the language that you must in uh uh rules and civil procedure as i
employ no in this venue stipulations mentioned earlier we have
must directly exclusive incur no embarked on a radical shift from purely
and if there is any rule doubt that the ultimate facts to evidentiary matters
stipulation on venue is merely a deal all right
and not really exclusive in character so now we require your pleading to
then the court will always interpret it contain
to be non-exclusive following matters okay number one is a
right and then the next slide also shows witnesses
another quote okay so we're asking for names
regarding stipulations and venue for you may say but we still the name of the
just for your own reference your own witness
time now as of now no we see uh
now let's go to the parts and contents very very few instances when this will
of a pleading okay so be
i want to show you on this slide here uh when this will happen because now
a picture okay we took a picture of the requiring you
first page to submit the judicial affidavits of
of the an initiation uh under rule 65 your witnesses okay together with your
with this initiatory feeding
supreme so there you have the cap of so the only instance when uh when you
course everybody knows what the captions will not know the name of your witness
supposed to look like um is if you are
uh we uh lawyers still vary in the way trying to uh get testimony from let's
they style this even say from a particular office
in the cause of action or the the nature no but um as of the moment you're unable
i should say of their to
their um of their pleading but uh to get a judicial affiliate because that
of course just as a reminder again it's particular um
not going to be controlling on us position is uh has been vacated let's
now the allegations will always control see that the former occupant of the
it's not going to be the designation position
put there and then of course just if uh uh who will be able to render
it's an ordinary appeal no pertinent testimony in support of your
uh let's not include the uh client's clients
court of origin in the title okay has been vacated so that has uh
and then um of course in the circularity posed a serious problem securing the
the judicial affidavit as well as the name
the public there's always the court that of the witness no
issued the challenge or the so in those inaudible
entity or age to the challenge order and accept just the name or just the i
uh or resolution okay so that's just a mean the name of the position
sample okay or the designation if you still
of um per caption we go to the next don't
slide have the name of the intended witness
you will see also just a part we took a okay
picture of the first page now a part of and then the second one is the summary
the body of of the witnesses intended testimony so
that petition which should set forth you we are requiring you now no to state in
your initiatory pleading be attaching of course the renewal of
the summary of witnesses testimonies contract
okay but you refer to it ready in your
so that is different from attaching the allegation
judicial affidavits which follows as you just uh maybe footnote it or
provided the judicial bracketed
affidavits shall be attached to the as your exhibit so and so okay uh you do
pleading and form an integral part not
thereof so why require state the entire contents in your
statement no of the memory of the leading not just
part of the uh witnesses testimonies if the reference is enough and uh
there anything that will make it convenient
will be this provision that the judicial for the court to
affidavits are to be attached and easily find it when the court is looking
formality right now at
so as i already mentioned earlier now we that particular action right okay now
have alternative cause of action
we found which we call failure state of we already discussed it earlier on no uh
course of action and recall join the jointer of causes of
when when uh that speed with us action okay
we are limited the allegations played we and then let's go to the next please
cannot judgment
look beyond the complaint to the um there's just an additional
attached documents statement that when we're completing a
including affidavits and so you have to judgment or this
state the summary of your witnesses uh that is uh but the
intended testimonies here okay so that last statement there an authenticated
we may make the courts copy of the judgment organization shall
make the necessary uh uh solution in be attached to the pleading
case they are faced with this particular we are now referring to the apostle
affirmative defense convention okay that is the way for
okay and so that's not the only reason authenticate
you also have what we call judgment documents originating from foreign
pleadings jurisdictions now
okay and uh the motion for summary it is easier streamlined way no longer
judgment but of course the motion for have to
summary allows you we were have to go through the process
to rely on after that of consularization
but uh the judgment on the pleadings that we um that we did before which was
again no on the basis of the party's tedious and expensive
pleadings alone and uh actually caused a lot of delay no
and so this is the reason why we still but now
need the summary of your witnesses and all you need to do is go to the
the testimonies okay department of foreign affairs
and then the third documentary and where you will get that steel uh
object evidence in support of the certificate no
allegations and uh that will take the place of the
contained in the okay so does this mean consularization
just and on the screen you will see the um
writing to the documents yes for example the difference no
you have an allegation between um the apostil
artist entered into um the parties certification as opposed to the uh
entered into authentication
a renewal of contract let's say okay in our uh beef in the 97 rules of
uh and that is your allegation you will major the steps that we had to go
through before written documents or instruments upon
but now all you need to do is get that which
certification action or defense is based no and you
uh the apostille certificate and you know that
just need to attach it to that document if an actual document is pleaded then
and it will say okay okay by the way a specific denial is required of us
still convention okay and failure to specifically deny an
became effective in our jurisdiction on actionable document
may 14 will result in an admission of that
19 so it's been a year already since its actionable document okay
effectivity right okay and so um so be very
now let's go to feedings pleading uh be very careful in your assessment of
conditions proceeding what are actionable documents and what
so in any pleading a general a are not
government of the performance or actionable documents okay very plainly
occurrence of conditions preceded an actionable document is defined
it will suffice examples would be as a document on which an action defense
administrative remedies and is based okay
resource concentration and failure um i have here a quote but uh
of earth efforts between members and i i'd rather also to the case of duarte
family as required under the family code versus
okay the 7011 case spanned by justin castillo
and then next we have bleeding capacity and the particular case um there was a
to sue authority to sue sale
and the legal existence these are just of of a laptop no it and it did not
carried over that the cost was i think less than 50
from um from the 1997 rules now but uh i 000 pesos
have it here anyway so it was an oral contract
because these are part of the pleadings between friends
or your allegations in your pleadings and uh there were installment payments
that you need to made but then for the last installment
um that you need to take actually if you um the um the buyer we have to pay
go through the slides anymore
which you can you can get uh later on and said that um the laptop was actually
after the only worth the amount that he had
module is completed uh ally will already paid so he refused to pay the
uh will upload the powerpoint also last installment okay
this will act as a checklist when you're and so because they could not you know
preparing a pleading okay come to terms
go to the next slide please pleading amicably the seller brought a case
fraud mistake condition of the mind against the buyer
okay on the one hand for other mistake balance of the of the price so it was a
it's required to be stated with case his cost of action was founded on a
particularity and i contract of sale the oral contract of
cross-referred you to the substantive sale okay
provisions in the civil code now in the course of their exchange of
regarding allegations of fraud and pleadings
mistake okay the um the seller
and then on the other hand you have also attached no an acknowledgement
malice intent knowledge or other receipt
condition of the mind argument of the installments by buyer
which may be a really okay very obvious and he offered this as proof that there
reason was actually
and then we go to actionable documents uh there were actually payments to
what elements actionable documents or installments but then the
installment payments were insufficient next slide
agreed purchase price now still parts and contents of a pleading
so that was his purpose for introducing no now we have signature and address now
that acknowledgement receipt this is very important and i'm very
okay so became an issue because um happy with this revision actually
[Music] this vision regarding the signature and
the seller was claiming address we the justice report
that the acknowledgement receipt was an who is also an athenian uh justice abbad
actionable document uh when we when we proposed revisions to
which the buyer failed to uh the rules and civil procedure back
specifically deny under oath uh i can't remember anymore when i think
and for which reason the contention of that was back in 2008 uh lala will nono
the seller was that uh and uh this is one of the uh
that should that um it was deemed major bills that we wanted no we want
admitted not admitted for all purposes lawyers to you know to really
by the bar uh value know their uh
and should result in a judgment in his value their signatures and we want the
face or not the seller did win course to be able to
but the seller won not on the basis of put equal value and credit to the
that acknowledgement receipt signatures and
beatable document rather the supreme of lawyers and now finally it is part of
court said our rules and civil procedures so
the the what does your signature now mean no the
seller teller's cost of action was signature of counsel
founded on the oral contract of sale it is not only a certificate okay that he
was oral of course did not militate has spread the pleading
against its existence it was perfected to the end to the best of his knowledge
upon the meeting of the minds of the information and belief
buyer and the seller right and after an inquiry reasonable under
and so now the issues management receipt the circumstances
and its use in the action was not for it is a certificate to the following
the purpose of things that he is not pursuing an improv
uh it was not for the purpose of purpose second that the claims are
founding warranted and not
or basing the the claim on that privileged third that they have
particular receipt no it was just an evidentiary
incidental support and last that even the denials
evidence no it was not the source are warranted and
of the cause of action because the made for delay so these now
source of the cost of action is the are the are the certificates or the
contract of sale things that
so in that particular the supreme court your signature will attest to once you
said affect your signature to your pleading
that the receipt okay the okay
acknowledgement so um in one of my in one of my uh
was not an actionable document so i seminars uh there was a question if
bring that up with you because i have to we cannot ask our client
caution you know that you have to the pleading instead because particular
understand that only documents or provision and i said
written instruments no of course not this is the very reason
uh which form the basis of an actionary why we have included this provision here
defense that will become this no
absolutely it will not be humans that and this is only consistent with our
you attach to your in ethical duties under the code of
initiatory plea and then let's go to the professional responsibility and also
under our lawyer's oath okay so on the of exemption
next slide you just have a quote and then lastly you also have to
regarding council's negligence and then now include your contact details okay uh
what are the consequences no for specifically
violations of this particular rule on with our uh inclusion of electronic
the council signature means of
okay so there can be appropriate piling and service we are now
sanctions imposed by the court asking you to please include indicate in
violation okay so disciplinary your pleadings
character there can be non-monetary uh uh in the portion of your signature your
or there can also be an order to pay email addresses
penalty and the most extreme and if you wish still to use your
provision is to um issue an order after proximity then your proximity numbers
notice and hearings okay
and uh the the offending council who all right let's go to verification
begins to okay so except when otherwise
explain his side there may be an order specifically required
issued against the offending council by law or the rule pleadings did not be
to pay attorney's fees not an expenses under oath or verified yes
of the other okay in through under the rule and
party okay all right so the next slide summary procedure all the pleadings are
okay just shows you the pertinent required to be verified
provisions of the code of professional you have other instances listed there
responsibility okay petition for relief from judgment
i just want to remind everybody both petition for review under rule 42 etc
lawyers and judges alike not that our etc we don't need to go through each and
first duty every one of them
is not to our client our first duty it's and then the next slide how do you make
not even to the horse a verification
our first duty is to society okay we all know
and that duty is to help in the and uh the only thing uh
administration of justice okay the only thing that we wanted to
let's go to that please okay so emphasize here is the one at the bottom
there are other pertinent issuances that the signature of the affiliate will
concerning what should serve as to the truthfulness
be included in accounts signature okay of the others in the pleading that is
aside from your address why we call it a verification
you need to also include the role of the factual allegations okay now we just
attorney number okay and then made some additions there abc
number three you also need to include for consistency with the certificate
the that the lawyer
um the number and the date of the will uh be deemed to have made upon
official receipt placing his signature on a pleading okay
of your ibp payment okay so we know this and um the addition here is that now
or if you're a lifetime member then you we're requiring you
have to to attach the authority of the afan
indicate your lifetime membership number not the one with verification you need
and then number four you also have to to attach the authority already your
indicate your professional lead number initiatory pleading
and i believe that the data before there are buildings filed with us
knows you know that you're updated and and there is no authority attached
then five you also have to include your what i used to do was to issue an order
mandatory continuing legal education to submit that authority within 48 hours
certificate alliance or or
if you are exempt then your certificate 72 hours at the most and so that causes
delay okay so now we want you to attach there are certain decisions of the court
it already so we can see where exceptions were made no but uh
that the affiliate is authorized all please please
right and then those are just very very extraordinary
what is the effect of a defective circumstances
verification no the general rule and the the rule
we know that is that that bleeding is remains not that a non an absolute
treated as an unsigned pleading but this non-compliance
is just a procedural defect is incurable okay then the next
it's not we jurisdictional violation is the submission
tell judges if this is a defect let it of a false certification okay but before
be we go to that
your remedy mission of this pleading no there can also be the submission of a
this should not cause unnecessary delay defective certification let's say that
okay there are two plaintiffs only one
next put the certificate plaintiff since the
the only addition is that now under certificate of non-forum shopping then
7.5 we are requiring so to attach that's a defective submission because
the authority of the person who executes both of them
the certificate must certify no unless one is the
of room shopping okay and then we authorized representative of the other
go to this list which shows you the but if there's a defective certification
quote from the case of nestle that one is cured
right so in the nestle uh the court was the prudent and the better records for
very particular about attaching the the judges is to allow
authority the parties to cure that defect not and
okay let's put to the violations and not so that it will not unduly cost
sanctions delay
just as a reminder for everybody know okay and then now we go to submission of
when we solve the certificate of the a false certification you submitted a
rule on non-forum shop certificate of non-forum shopping
there are two things that you must do but you stated that you are not you are
the first is to file a certificate of not aware other case
non-farm involving same parties causes of action
from shopping and one is to uh but actually you are aware because
do do no action that amounts to you're a party in the other case
photoshopping okay so there are two so that results in indirect contempt of
things okay the court
filing of the certificate the act of without prejudice to the corresponding
forum shopping itself administrative and criminal actions it
okay so now we will show you the will also
violations and the sanctions that may be result in dismissal of the case okay
imposed just as a non-compliance with your
review for all of us now if there's a undertaking for example you under
failure to comply because we
meaning there is no certificate or have an undertaking that we will inform
topping attached to the initiatory the court within five days from
pleading the sanction is outright discovery
but the dismissal is without prejudice no of any other action but you
unless otherwise provided okay discovered you did not disclose to the
so we are always told that this is court
irremediable no and the information came to the court
okay not curable because uh this is a otherwise then through you
mandatory requirement despite your undertaking the same
no for all initiatory pleadings now uh sanctions not dismissal
indirect contempt and administrative and it must not be delayed okay
criminal actions why criminal because but two other qualifications or conditions uh and
you are making false statements under these are
oath 1. the amendment must not be an amendment
to confer jurisdiction on the court
all right and then the last is the and the
willful and deliberate for 2. second one is the amendment must
shopping this is the act of forum not be an amendment
shopping itself to state a cause of action when there
and the result is summary dismissal with was no cause of action
prejudice okay the dismissal here to begin with okay we'll discuss that uh
is with prejudice okay direct contempt under the next slide
of court okay amendments by leaving of course we
okay not indirect direct as well as will not allow amendments to conquer
administrative sanctions okay and then jurisdiction
the subsequent because we know that when the court has
slides just give just uh shows you uh no subject matter jurisdiction over the
jurisprudence case, the only power it has is to dismiss that
on forum shopping which we will no case.
longer discuss no it does not even have the power for
one of them shows you the test of that case to a different court. no
foreign shopping of course we know that and that's why we always caution our
the test of forum judges
shop is if the elements of if a case is misfiled for example with a
litispendencia regular court
when it's a family court okay
uh are present okay and then amendments when it's the drugs court we caution
now we go to the rule and amendments them against merely referring it to that
they remain the same okay court no or to the executive judge
and um have amendment as a matter of of course other practices also come into
right any party before play
a responsive pleading is served okay because the filing fees will uh uh run
may amend healing and this is done away with no it will be gone you dismiss
on the part of the party and there is no it already. but please just as a reminder the court
need for leave of course always always tells
if you amendment the court will just us judges not that if we do not have
confirm subject matter's jurisdiction
the amendment the court does not need to only action can take is to dismiss okay
give and then um next effect of amended
you permission and then of course we pleadings
okay so this is this is important we
have amendments by leave of court know that if an amended pleading
uh under the 1997 revision of is filed and admitted by the horde
the rules and civil procedure then the original pleading disappears
there was a shift no uh to liberality not disappears so to speak
in the admission or in the allowance of no it's no longer part of the record
amendments even substantial amendments although it may be there
so that was the trend that was followed but it is no longer a part of the record
since the 1997 that the court
the rules no but with the latest will take into consideration in the
revisions now the 2020 revisions resolution of the case
no we have introduced this limitations so what is the effect evidentiary wise
before no
uh under the liberal approach the only where there may be judicial admissions
limitation was in the original pleading
they may no longer be used as judicial let's go to filing in general
admissions what is filing
because the original pleading is now it is that of submitting some to the
technically no longer part of the record court not something in writing
okay uh not just pleadings but other court
but they may be offered and admitted bumpers
as extrajudicial admissions okay what are the modes for
so manpowering utility okay it's not filing well you have the traditional
totally modes of personnel
a lost cause the next slide uh speaks of filing you have registered now we have
supplemental pleadings this very important
and there's there's no reaching here of the accredited courier no so many of
us
okay and then the next is the power of uh use lbc and the other uh
the court to make amendments now i just and the other private couriers but the
want to remind our judges problem with that is that
listening to us today that the court has under jurisprudence it's not the date of
the power to summarily mailing or sending through the private
record errors or clearly cleric courier that will be the date of filing
personal like for example in our initial rather it will be the date of actual
assessment of the complaint or or the complaint receipt by the court because
and the answer we see that the name of the party it's not
defendant the documents attached is different we part of the horses so there is no
could already affect the necessary presumptive regularity in the service
corrections. and that power this particular power are finally done through a four year
under rule 10.4 okay so we thought
allows us to do that we should not wait now eating the the couriers here but
for a motion to making them accredited couriers
to be made known by the parties because what does that mean
for all you know the parties will never that the office of the horse traitor has
make that motion and been tasked by the supreme court
the title or caption of our case would to come up with a system of
always be wrong it will always accreditation similar to the
refer to the wrong name or accreditation of our companies no
uh of the of the of a party and that and
will that will have an effect once you become an accredited
in our execution stage okay and so as courier then you
early on as you can exercise power to will be accountable to the court and
correct uh this accountability now will
everything no of course the boot always uh be uh partnered by the presumed
is regularity that we can now afford
that there must not be prejudice to the to service the credit and courier so
parties if you from now on
think that either party might be if you serve through an accredited
adversely affected you have to notify courier or you fall through an
them accredited quarter
and your date of sending or filing through
the four year will
then what are their rules and filing the date only are serving a young date
and services how would you go to filing of actual receipt now
a service no so this is very important we all know
rule 13 governs filing of pleadings how
motions and other court submissions how or how registered mail is nail mail
and uh service except those where a now
different mode of service is prescribed and we also also that how limited the
resources of the ports are anything we want you to resort
we cannot do personal service no and to our electronic needs now we want you
to use
then the fourth mode addresses contact for numbers no and
is electronic mail this is very uh do everything chronically or by
very important um we did the revision distance okay please do not come to
uh the committee worked on this last court but that
year no we had no idea that does not mean our courts are closed our
this pandemic was going to be upon us core open
in the earliest year no and so this is regular uh but uh the electronic filing
really very fortuitous of course we've should be only until three pm
had our e-course for a while now but towards time to act on them before the
you know we cannot we cannot spread that closure of business hours on any
nationwide in one go because of the particular day
because of the rest needed for this
particular uh automation project no what about the filing files among a
but with this no but with this uh we new case
and the public we were all forced not to but please do it also electronically
resort to electronic means and
not just for filing a service but also
for hearings no so this is very very what about our deadlines what if our
timely okay deadlines within the period when we are
* but please note here now that there are here in nacu then you have an automatic
only four modes of filing in general extension of 30 days
* note here that facts or facsimile is not in the same way also benefit
included okay and we will we will go to classification
that later on which should have been decided within a
okay on the next slide you have day falling within the mecq then we also
completeness idling when is filing we are also given an extension all right
deemed completely and then um uh hearings are done through
okay finally it will be the date and video conferencing but at least
hour i know and what i understand is just for
or endorsed by the clerk of court pilot courts
registered mail accredited courier as i what about those non-pilot courts where
said they not have the microsoft or microsoft
as i already mentioned it will be the teams
date of mailing okay platform conduct hearings only third
and then electronic filing it will be places
the date the electronic transmission okay well for health reasons all right
all right let's look at the next slides
and then on the next slide i have for
the next slide speak to you about the you
fund the time of mc the official email addresses
or filing in the time of covid no so uh of our courts starting with the
until mecq is in place that that's until the end of supreme court
may um we don't know if we're transitioning to if you have it just click on those links
gcq but uh uh you also have the email addresses and
they say that that's the likelihood we have the links on the next side yes
anyway there
for the pursuing seq okay um so so you can accord from the supreme
there is still a physical closure court court
discouraging people from going down to our trial court no and
physically to the courts um okay so
if you want to follow up if you want to other slides still refer
verify anything if you want to find to the same thing not the rules under
gcq and other required fees and in the
areas okay you can go through them at absence of this payment the court will
leisure and to you the more important not acquire jurisdiction
parts over your case okay
okay now let's go to the proof of filing
okay so the subsequent
what is our proof of filing? slides only show you jurisprudence regarding the
generally requirement of payment um we are not
the proof of fling is the existing or reasonable about it if you
existence in the record of the document if there is deficiency in the payment we
or the paper the paper uh or the court bound will give you time
paper if you pay to if you fail to pay but
in the record and that's profiling then there is still
however, if for example uh your document time within the regular military period
is in the record and you validate it will allow you according to
personally if you prove it you present jurisprudence no as long as it's within
your copy the prescribed unit
with the staff received report okay and the only caveat is that there is no
what about if it's a registered mail? intention to delay if the non-payment
then you can present the registry you is caused by an insurance delay
and the affidavit of the person who or malice on the
mailed it by registered mail the part of the pleader who did not pay
you have the registry return card then then definitely the court will not
you only need percent that you don't need an accept late payment and dismiss the case
affidavit okay okay
and then
if it created courier you need now let's go to service
an affidavit of service by the person service in
who brought it to the courier general no
okay you don't need an affidavit changes there except to remind you that
affidavit from the courier okay once council appears for a party service
please remember that all you need is an must be
affidavit done and then if a council appears for
from the person brought it to the court more than one party
or mailing okay plus the tracking number then that council will be entitled to
and the only one copy
children the courier that's what you of the paper that's being served no and
need now that would already serve
if it's electronic mail then us all clients
you need an affidavit if there is one client and there is more
electronic filing by the by the party then the service will be done on the
who sent it the electronic lead council if there is no legal
mail accompanied by a paper copy okay or designated
a printout then service will be done on any
okay or it can be a written or a stamped councils appearing for that party
acknowledgement receipt already okay let's go to modes of service okay
by the court no and then the last any so most of service the same personal
other electronic means also but an registered mail accredited core
affidavit of electronic filing and a electronic mail
copy all right here we have the important and the
proximity transmissions
payment of docket fees okay we all know okay so please remember you cannot throw
that it's not just the act of filing fast but you
uh that will uh that will um commence can serve through packs okay and then
a civil action but the payment of that the other addition there
is service as provided for national if you're going to sir chronic means or
conventions to which the philippines facsimile
is a party we thought of including that then these are the things to show on the
already face of your
but in order not to ignore electronic or tax transmission okay we
our treaty commitments okay and then the need a case number
next slide is on personal service how do case title the pleading
you do affectional order or document title and this is
service um the new provision here is necessary so that we can easily
this okay find what case it is that it will not be
personal delivery a party or partners lost
council or to their authorized and misfiled all right now the
representative named in the appropriate subsequent
pleading or motion um subsequent slide shows you how it's
okay so your your initiator pleading done
let's say in your complaint you can no it's by electronics or email so
already state there you have an example there that you can
the service of all uh service of all refer to
documents whether originating from the
other party or the court may be made and then the next slide is the rule on
through the change of email address or facsimile
a the authorized representative of of number
the party you can already do that in the same manner that the change in
under decision okay and the others are address
just a reiteration of what we already noticed or into the adversary then you
have must
under the 1997 rule now certainly the also inform the part of any change in
registered mail email
also note changes there and then we go address or flexibility number if you
to the slide on substitute have consented
service okay to the service by email or facsimile let
and um this is only in those instances at the beginning of the litigation you
when the residence of the attorney or still
the client is unknown this is do not have an email address okay let's
substituted certified just say
the answer document one clerk of court um you you do not have connectivity okay
to get but
reproof of non-service okay go to but in the course of the proceeding you
service by electronic means or facsimile were able to
important as i told you this is a new have uh internet control not to your
provision office or to your
um and uh this is something we badly old then you can still avail of this you
need no can still make a message to the court
is that there must be consent with the your honor
parties consent is necessary because we from now on uh service may be paid
all know to me email because uh now i have
practically speak not everyone is connectivity and then you can give the
technologically court your email address and from then
uh even in terms of um resources on
so so we have to secure that of all service may be done to you by electronic
parties to service by electronic means mail okay
and faculty all right it failed to for
before we can resort to it okay your change email address or family
now let's go to the next slide please number
the next slide just shows you the format okay you will be bought by the same rule
of failure to notify the change in the address of the parties outside than
address physical address 30 calendar days. So this is very important now
meaning that service at the old email you know so this will also um uh i hope no
address or proximity number this will also make us more diligent no in in our
will still be deemed valid service case
in uh exerting effort uh from the horde
the next slide shows you the rule that uh when our next scheduled uh hearing
in certain instances or still require you to resort dates are.
to confident modes of service okay okay now
and in what it says are these first
1. initiatory pleadings secretary completeness of service
responsive pleading such as the answer sir so service is deemed complete
for very obvious reasons okay and then uh on the following rules if it's
2. subpoena protection orders and rates personal services then actual delivery
no the the risks and processes the or receipt service by ordinary mail we do not
compulsory processes of the court really resort by bill
require a return by the way the the the inclusion of the
because important consequences that the word calendar
uh that will happen off from date of before there were days in all the the
receipt rules of court
and that is we need them to be served by is now is now a no it's now the rule.
the conventional modes okay
and then that is one of the revisions we want we
3. appendices and exhibits which just wanted to clarify
are no uh that calendar days or the when we
ready to electronic scanning so may speak of days we're always speaking
optional about calendar days which means
party and then the we're including weekends and holidays.
4, last are sealed and confidentials okay
documents or records okay okay the and that is my registered mail actual
receipt or after five calendar days from
next issue the rule on presumptive notice of first
service of notice of course setting this from first notice of the postmaster okay
is very important this is a very same with edited courier receipt or
important additional we all know upon the expiration of five calendars
if if you are a litigant and if you are after the first
a judge we all know to deliver okay then service by email
that the great cause of delay or reset or on it means it's complete upon the
is the lack proof of service time of electronic transmission or
no or our notices of uh when available if there is an electronic
hearing dates no whether it's whether notification of service
it's pre-trial or trial or a hearing on all right and then service by faximily
a motion okay then it is as
the lack of service on the parties no indicated in the fax transmission print
that's a great cause of delay and so um out you know that that small piece of
now with this rule no of presumptives paper all right
we will deem the party to have been and then let's go to the next slide we
served of a corporate setting have a cavity in electronic service
if the notice if disappears occurs to electric electronic service
have been mailed is not going to be deemed effective or
within 20 calendar days prior complete
to the date of hearing if the address of if the part is in the document learns
the party is the same judicial region and if it's that it did not reach the addressee or
and if it's outside the tradition of the person third for example i have an
court no if example there no
you receive a mail or mailer the mailer mentioned and
demon right of service also together with the
uh notice in your inbox now that it did official receipt from the courier
not document number
that it was not received by the service email service by meli and
recipient and then next service by
next slide the other example is if you other electronic means then you have the
have a full inbox next slide there you go so affidavit of service also
again another example and then you have plus the um
an existent or incorrect address so the print out no the print out of the uh
those are just transmitted document okay now service
some of this okay and then next we have issued papers now court issued papers
may be served
proof of service personally or boosted mail no basically
uh um judgments
then it's the written admission of the final orders or resolutions these are
party it may be a signature no even very very important because the
and then it can also be the official these are the documents that will put an
return over end or will uh
or the affidavit of the party serving yes right fin right finish to the
okay stating that they to the litigation to the situation and
play placer of service if it's serviced so
by they must be received by this and that
registered mail then it's the um is why we require them to be served
affidavit of the link party plus the either personally
registered receipt or by direct but now now
this is the most common uh mistake of this will help us we introduce this
our revision now you can serve it your
litigants no they file for example a expense
motion through an upgraded way and
and their proof of service is just a this is important why this is this will
registry receipt also
that's not proof of service because when make things um more efficient for the
you see judges
the registry receipt just a number not we do not uh we don't have to
that it's not even there wait months and months on end for the
sometimes there is no dno so what you returns to come
need is the affidavit of the person us of the register to determine the
mailing finality of the judgement
plus the receipt and we also do not
a judge asked me uh what will we do have all that confusion and doubt when
if the only attached is the research there is a motion for
receipts issuance of execution already no so
then my answer is there is no proof of this will make more effect and more
services required by the efficient for us now
as required by the rules and if there is right now on the next slide we
no proof of service the court are also given the option to serve our
is not going to act that particular papers
motion okay electronically okay and it will have the
and then um of course if you have the same effect
registry entity not as service through
return card that's all the proof that conventional modes but of course
you need okay you don't need an as i mentioned if you want to resort to
affidavit anymore electronic means you have to have the
and then updated for your already consent of the parties okay
now let's go to the next slide now we go the 1997 rules and civil procedure if
to jurisdiction over persons the defendant files a movement to
modes of service and return and proof of dismiss and
service uh questions over his person meaning in
how is jurisdiction over the play prop
pendant obtained in purpose of someone's no but ray says
and then modes of service what are the other
modes of service of someone's okay there is no voluntary appearance there
we're talking about someone's here is no waiver
because we're talking about jurisdiction of the question regarding jurisdiction
and then which modes are you required to over his person
observe and then return of services but here in the 2020 rules no
how approved is of someone's okay now are now stating that the inclusion in a
jurisdiction over the plaintiff next motion to dismiss
slide of other grounds aside from lack of
is of course acquired upon the filing of jurisdiction over the purse of the
the complaint no defendant shall be deemed a voluntary
and um that is not a problem because the appearance this to me
plaintiff voluntarily submits to the is important because again
jurisdiction uh for purposes of delay you know
by bringing his case before the court there will be a question as to the
okay uh the next slide just gives you an propriety of the service of someone's
i uh well an example all right and then but then uh should rather be focusing
we go to jurisdiction over the defendant on the other grounds in the motion to
jurisdiction over the defendant of dismiss now anyway you are already
course is acquired before the port
of someone's okay and um of course there you have other grounds this is not your
will be a distinction only ground
for acts in persona and actions special focus on the substantive grounds no and
in rem and in rem i am very happy that this is now the
because in jurisdiction actions in rule okay
persona now let's go to the next slide well we
jurisdiction through the service of already mentioned the reason why
psalms is mandatory you know some comments need to be served and then
because uh the defendant will not the next
be by the decision of the court or any now this is important okay
of his proceedings so before there was no provision
until summons is properly served but in regarding the time when someone's was
action should be issued by the court no and so
first in ram and kuisai in rem it during my time what when is
this jurisdiction arrested is important litigants will come to court and say
and service of someone's on them that what has happened to our complaint uh
really we filed the complaint one month ago two
it's just for purposes of due process no months ago three months ago
but uh the reason is because how come no summons has been served yet
actions in rem are binding against the no so
whole world okay no excuses anymore but within five days
now let's go to voluntary runs okay from receipt of the case
this is new and again another important we use the word receipt not filing
revision okay the defendant's volunteer because
volunteering after filing there is a process still if
will be equivalent to service of it's in a multi-salary court
someone's here there will be a raffle although in our
we are now changing the rule in the 1987 e-course there is electronic raffle but
in there will be
some used up in transmittal of the but uh then the
record to the assigned court so their experience in small claims has
so here we we use the from receipt of been very very good
the initiatory pleading so five days no where they have authorized the
from receipt of the initiatory pleading plaintiffs to
party supposed to issue the commons serve someone because in those many
through the instances when
through the branch but here as a defendants okay and so he said that it
reminder to our judges has been
the issue ones of the someone's not the rather successful he proposed that we
issue include this here
is that's the branch clerk but the but uh so we ended up with a compromise
issues once okay and the compromise is
is a judicial function and you will only is found in rule 14 uh section 3
direct the issuance of someone's where it states that um summons may be
after you have determined that no ground served by the share
for the outright business case or other proper court officer and in
so you have to make that assessment case of failure of service of summons by
yourself them then the court may authorize the
my dear judges okay and we must not plaintiff
delegate that to our to serve the someone's together with the
branch clerks okay what are these sheriff so
grounds that may cause the outright the sheriff was still accompanied the
dismissal of the painting
complaint lack of jurisdiction over the in serving the someone so that was our
subject matter we have happy compromise
uh res judicata litispendence and of okay but then there is another um but
course you have prescription those are then there is another uh
the foregrounds that you may use for qualification to that if the service of
outright dismissal of the case of course someone
if there is no certificate of non-forum has had an outside the judicial region
shopping you may also use that as a of port then the requirement
ground for outright dismissal of the for the rift to accompany the plaintiff
case okay no longer applies well
all right next slide please okay so again for practical reasons we can
that's just a arrive outside our
quote from the case of cafe metal projection uh without great expense and
corporation loss of time no
and then what are the contents of a if we can just go back to the slide on
someone someone 14 point
wants uh the only new thing there is la la please validity of someone's their
paragraph b validity of summons
which is actually um a radical change okay just as uh after there you go
again no here how the court may okay so just as a reminder to our judges
authorize upon proper no this is a practice that in many many
export emotion the plaintiff to serve courts
someone's on the defendant okay other summons is attempted to be served
so uh this preparation but it is unserved
there was a rather longish debate about the sheriff will return it to court uh
it and
uh either with two other judges uh report that it was unserved not
judge joella de la rosa of manila rtc personally
and judge nino and then what the court does is to issue
we were insisting that uh an alias
it cannot be delegated to a party so that should not be done because an
alias someone should only issue either for unreasonable failure to
when the original sound has been lost or prosecute or
destroyed for failure to abort order no or failure
those are the only instances when you to obey the rules of court
issue an under rule 17 okay now let's go to the
alias someone's okay so let's stop with next slide an authorized representative
the practice of of the plaintiff
issuing alias almost every time there is that's just for purposes of service of
a failure of personal service someone's again
or substituted service okay all right okay and then next misrepresentation by
let's now go to the plaintiff what
um the next slide on just where about an instance where the uh
plaintiff may serve someone's plaintiff's
okay so there are three instances uh plain representative or the plaintiff
listed there himself was authorized by the to
the first i already mentioned when the serve someone's and then there was a
service may be done by the uh by the return
plaintiff uh and in the return the plaintiff claimed
upon authority of the court of course no that there was valid service of
but together with the sheriff someone's the
the second is outside the court's defendant was served someone's in the
judicial region to be done by the hope no and then
plaintiff nissan there was no answer a default
and um but note please that there must judgment was had
first be an attempt but then it was discovered there was a
by the court's process server or sheriff false representation
and the attempt must fail and that's the by the plaintiff now this now will
only time when the court may authorize result in the dismissal of the case with
the plaintiff to serve someone's okay prejudice
and then the third instance there speaks and the nullification of the proceedings
of and of course other appropriate
um when someone's cannot really be sanctions no
served on the defendant because the right okay so this was the reason why we
defendant's whereabouts are unknown no were really opposing this
and if the defendants were abouts are uh we we were arguing that there is no
unknown you now presumption of regularity the service
for within rule 14 section done
uh which was rule 1413 no when the by a non-court officer and that is why
whereabouts of the defendant are unknown we thought the compromise if the sheriff
you may was still
serve by publication okay so that going along with the plaintiff in
relates that if the um service now because at least
summons could not be served on the the sheriff's uh the the presumption
defendant that operates in favor of the sheriff's
the plaintiff will be directed by the service will still be there
court to resort to then the problem comes in when the
other means under the rules of court to service
serve is outside the tradition of the court
someone's and give the plaintiff a few now
times within which to do so and the next preference for personal
and then if the plaintiff fails to do so service is still there
meaning to resort to uh that's just a quote from
the other that would be publication jurisprudence let's go to the next slide
and now the court will have a reason to also a quote
dismiss the case and then let's now go to the four modes
of substituted service okay of the community or the building or the
um well defendant
okay so now we made the rule very very maybe and i think that this is a very
specific very good provision okay for those
been so many cases that went all the way invading service of someone's
up to the supreme court regarding and then letter d we also added service
invalid services of someone's or uh by electronic mail
invalid substituted service of someone but only if a lot under certain
so now we made everything very clear circumstances
steps are all here okay now you can okay the next slides just show you the
personal service fails no after at least requisites again of a valid substituted
three attempts on two different dates service
okay and then the next line what is service
how can you do substituted service first within reasonable aim no
you leave copy at the defendant's um in service within reasonable time
residence we know this because we have fixed the period to
the only new provision here is now we serve someone's already
put the age 18 and then next is a person of suit and
okay before it was just a person of discretion we already mentioned in
sufficient age and discretion okay last 18 years and then who is a
now it's 18 years we just competent person
institutionalized okay now we change this also it will now
what has already been selling repeatedly include one who customarily
injurious prudence receives correspondence for the
second by leaving copies at the defendant okay
defendant's office this is also not now service upon domestic private entity
new the only new thing here is we added the the
the last line no domestic corporations okay we know that
or one a competent person will include there's an enumeration okay the
someone president general
costly receives correspondence for the manager check treasurer in-house
defendant attorney
okay so puede napo young human wherever they may be found okay that's
receptionist the rule or
oh okay or the secretary okay and then now we added this or their secretaries
letter c this is entirely new no and okay
this is very because if i'm the sheriff i go to the
important this is because of delay company
you know the sheriff will go to a gated at the lobby i'm going to be asked who
subdivision are you here for i will say i'm here
they will not be allowed inside they for the dan i'm here for the general
will be allowed up to the gate no manager i'm here for the
of course in this elephant treasurer they will not allow a sheriff
and then if the defendant resides for to go
example in a condominium no or the up to the office of the president okay
office is in a building or to beat the president
and so that is why we thought of adding the first thing they'll say is do you
this third provision which states that have an appointment of course no
by copies of the summons if refused appointment all right so now we add the
entry word secretaries okay
okay upon making his authority so if they will be allowed to see the
and purpose with any of the officers the secretaries of these uh
home owners association or condominium officers then good but only in the
corporation office no they cannot go to the
or its chief security officer in charge presidents of the secretary and serve it
there because again
but the defeating purpose our purpose in just a repeat that's for you that's for
allowing the salt to receive the service actions in ram and quasi in ram and the
is because we are assured next one is
that my reason of the position or the temporarily a country already discussed
relationship the summons now to the specific rules and service of
and plane will necessarily surely be someone's
given to the intended party okay the different demographics no for
then or the person who customarily entities
receives correspondence personality then you must serve on the
at the principal office for the reason or the persons in charge no for
already given prisoners we serve jail warden and the
and then if there is a refusal not to jail warden is the one
receive to submit the return minors on their
and uh or after three attempts not or parents or guardians
on two dates then you can now resort to incompetence similar no legal
electronic service as allowed by the on spouses this is new no now we are
court all right requiring you to serve on
okay next service by publication fund each spouse individually and that is
or constructive service when do you just fair
resort to it first if the defendant no we do not know uh the status between
uh wanted an unknown identity or unknown the
robots as already if it's a foreign the spouses no and so we must not uh
private entity if it's extra territorial equate the service on one
service a service on both so you must serve them
to a defendant who is not found in the individually
philippines right next specific rules still pick of
in actions in quesadilla and the last the philippines through the sold gen
one on local government units on their head
is if you're a resident but you're or the other officer as the law or the
temporarily out court may direct
okay and then other modes as i already entities under receivership or
saw as established in international liquidation on the designated receiver
convention or liquidator
which we are a signatory and then if the and um here this is very important the
defendant's reci last one special answers of defendant
uh identity or whereabouts are unknown i entity of service of sorry regiment
discuss should not
and then next foreign just size the council now will be
okay no change in that rule the next one deputized by the court to serve
also someone's on his client okay this again
if um without a resident agent very important
by doing business here you have several council appears in court for the sole
modes you do personal service possible
through the appropriate court designated question because of claims there was
or you can do publication improper service on his client let's say
but if it's publication must be coupled that it was left
with service at the last address and way a person who is not one of those
then it can be authorized to receive for the client
by facsimile this is very important or okay
electronic means so improper service but the constantly
with prescribed proof of this and then before the court and he is already
all means admitting to the court
that's not made direct all right and he knows where his client is they are
then next is extra territorial service into each other
no and in fact he will not be in court the same no print out no and then proof
if the client did not direct him to of service by publication you're aware
appear in court on his behalf of this that
right so let's cut through this david the publication okay let's go back
and do what we need which is resolve to our flow
this case on the merits now we go of particular how is a bill of
okay so now we are going to deputize particulars applied for
you to serve once on your client all and then we go to the answer after that
right how do you raise your defenses in your
okay now um answer
okay so let's go to the sheriff's return and then what is a reply when is it
okay so as i mentioned earlier now we allowed
fix the what is a rejoinder when is it allowed
time within which the summons must be and then
served you have to serve it within 30 how and when do you file your responsive
calendar days pleading how do you serve your
from the time that it is issued before responsive pleadings
there were months lost uh just for and then the last one is when can a
service of samus as i already mentioned plaintiff move for default okay let's go
sometimes you do your special inventory to the bill of particulars
six months already passed before responding to a pleading a party
there is no return attached to the may move for a
record so we don't want that to happen defeatment or a bill of particulars on
anymore that is why i told you we any matter okay
uh this mapping we did the face test we which is not a bird efficient
did all the steps and assigned definiteness or particularity to enable
time frames for all the steps so now him to
each and every step properly plead okay so we are very
can be accurately and scientifically um we are very familiar with bill of
rated for efficiency and effectiveness particulars there was also
okay a long debate on whether to eliminate
so no more excuses uh we have to comply bill of particulars because
with our timelines all right the next of our shift from ultimate facts to
one is evidentiary facts no but
what should be the content sheriff's in the end well the decision was to keep
return i will not this here
discuss this with you the judges uh it might still serve some utility okay
can use this no to make their attempts so
for the sheriff's return when a bill of particulars or a motion
let's go to proof of service in general for bill of particulars is filed with a
well this is the return just uh uh horde no
done in writing by the server set for there are three actions open to accord
the manner place and date of service it must be either
and then the papers that were served and immediately denied for being completely
it must be sworn to used granted outright
because it is not going to be the if there is to it no apparent from the
sheriff face of the pleading
no uh if a plaintiff is authorized to or if the court deems that it has to
serve then hear
he must uh submit a return or approve the parties on some clarificatory
service that is verified now matters the court can set it for hearing
that is the counter but
because there's no presumptive it must be immediately acted on whether
regularity okay one of
and then proof of service monique mail uh whether the court set for hearing or
denies it outright or got right right it can be permissive or compulsory
the only the only uh condition is that but your counter claim
the court must do so the answer to your counter claim uh will
immediately all right be the effect of be
the grant of a bill in the reply okay so what kinds of
then compliance must be affected within defenses may you plead an
10 days okay from notice answer it can be a negative defense or
and then the definite statement will be an affirmative defense
filed and there you have on the slide the
uh with a court either by way of amended distinction between the two
pleading or it can be in a separate um and that is why usually in the
pleading right in an answer you will have negative
now if you fail to comply with an order defenses first no
of the court those will be your denials and then you
then um order the striking out of the have your affirmative defenses after
pleading which is big that
no or it may even be um it may even okay let's go to the kinds of negative
result to a dismissal defenses on the next slide
okay now let's go to the next one is you have the specific absolute denial
there a stay of the period to file the where you specify each material
responsive pleading if there is a bill allegation of fact the truth of which
of particulars and the court says you do not admit and then as much as
yes but then if for example possible
uh the bill of particulars is denied set forth the substance of the matters
then you will only have the balance upon which you rely
for you within which to in support of your denial you can also
file your responsive bleeding but in no have partial specific denials only
case less than five and the last one is your denial by this
calendar days okay so you will note here a vowel of knowledge when you don't have
that we did not adopt here the fresh knowledge or information
period rule no sufficient to form a belief as to the
uh before the rules true truth of the alligator in the
will trial a motion to dismiss and your complaint okay
motion to dismiss is denied and the next slide you just have
then you shall have a fresh period not examples examples of specific denial
to file your responsive bleeding on legal capacity and then you have
and here there is no such thing because examples of specific denial of
and this is my this is my personal genuineness and do execution just as a
opinion okay reminder
uh i do not know if the others in the if it's an actionable document if you do
comments share my view not specifically deny it then you are
because of the extended period to file deemed to have admitted it okay
the responding all right and then let's go to
of 30 days plus one extension of 30 days affirmative defenses
that's a total of 60 days then i of course you find this in room 6.5
do that you need a fresh period because um this is a new provision okay well not
you will have enough time if you file into them rephrasing only
your particulars but uh it is new in the sense that now
as soon as possible all right now let's the affirmative defenses have to be
go to the answer and answer acted on by the courts
we know what an error it is you're without need of a hearing okay uh only
pleading which asserts your defenses and in certain instances okay let's go
um through it
well actually you if you include your because this is important okay an
counter claim affirmative defense is an allegation of
a new matter okay calendar days from the filing of the
which while hypothetically admitting the answer
material allegations in the pleading okay so the court
would nevertheless prevent or bar need not set a hearing if it can be
recovery and resolved on the basis of the pleadings
some include fraud statute of all right
limitations etc i will not go through next the court has a discretion for a
that summary
and then second paragraph affirmative hearing okay the next client please yes
defenses may also include the court may conduct a summary hearing
grounds for the outright dismissal of a within 15 calendar days from the filings
complaint specifically or
lack of jurisdiction for the subject for the following defense
matter elitist pendant these are the defenses fraud statutions
bar by prior judgment and uh release etc now these affirmative
prescription of course defenses may be set for clarificatory
okay now let's go to the next slide hearing
resolving affirmative defenses or we call it a summary hearing no
okay okay in this slide on resolving within 15 calendar days from the filing
affirmative defenses you of the answer
see the salmon prop yo and the court will resolve the
resolve affirmative defenses within 30 ground which was uh heard through a
calendar days summary hearing within 30 days
from the filing of the answer okay so from the termination of such summary
you hearing right okay
plead your affirmative defenses remember so i hope that's clear already no
okay general rule automatic court must resolve the
no more motion to dismiss except for affirmative defense
lack of subject matter jurisdiction there can be no motion to set for
litispendentia hearing for affirmative defense
rest judicata and prescription those are if the court deems it necessary to have
the only a summary hearing
four only four grounds four foregrounds the court alone will issue the notice of
that complete hearing okay
in a motion to dismiss otherwise your and then let's go to the next slide
motion to dismiss is a prohibited motion failure to plea defenses and objections
so what do you do you have an option if okay
any of those four girls you can either the failure to the affirmative defense
file a motion to this if you want you at the earliest opportunity will
can just race it in your answer as an constitute a waiver
affirmative defense okay and uh the only exceptions again as i
if you do not have any of those already mentioned are
foregrounds you'd have an option subject matter jurisdiction
you cannot file a motion to dismiss you litispendentia bar by prior judgment
can only file an answer and statute of limitations okay now
and raise your other affirmative let's go to motion to dismiss
defenses as i already mentioned no in general a motion to dismiss is a
now if the ground invoked as affirmative prohibited motion as i already mentioned
defense to you
may be resolved on the basis of the okay that's found in the new rule 15
party's pleadings meaning the complaint section 12.
and the answer the exceptions are as i already
okay i mean it is apparent from the mentioned before
record then the court no i do not want to repeat again it's
must roll the affirmative dips within 30 there on the slide for you
okay the next slide what is the effect attached to the answer you cannot file a
if the affirmative defense reply
or a rule 9.1 motion to dismiss is but what if you want to controvert new
granted matters raised in the answer although
okay the effect is subject to the right there's no actionable document
of appeal this rule provides that you raise that
it is a dismissal with prejudice or you set forth your claim in answer to
meaning it will bar the refiling of the that
action okay huh or supplemental complaint okay so please
so so if that is the dismissal okay remember
that is a dismissal with prejudice it reply is now only allowed an actionable
will bar document is attached to the answer
the refiling of the action that's the similarly if an actionable document is
general rule there may be attached to a reply
exceptions in the discredit court okay then a rejoinder is allowed okay it's
now the next slide denial relative only fair
defense if the let's go to the next slide what is an
on the other hand the affirmative actionable document
defense is denied okay i discussed this in detail at the start
what will happen it shall not be subject of our session so we will now go to a
a motion for reconsideration rejoinder
nor to a petition for certiorari okay okay which i already mentioned to you
so there is no mr there is no rule 65 you can only file a
this is what i was about at the start of rejoinder if an actionable document is
the lecture or i mean the sharing attached to reply of course if you do
when i said that we are uh eliminating not file a reply
interlocutory incidents which we or you do not file a rejoinder the
which we know caused the greatest delay allegations
to us okay so in the uh answer case of arrive or the
if you want to challenge the denial of allegations in the reply in case of
your ranger
affirmative defense you have to wait for are deemed automatically controverted so
trial finished and for a judgment on the you do not really need to file it it's
merits to be issued discretionary
and then the time to raise it is through no but if there's an actionable document
an appeal of course you want to file
no assign it as an error right a reply or rejoinders the case may be
next slide denial for motion to dismiss because absent a specific denial
remedy then that will be deemed admitted okay
okay so here you have to deem this to be okay
um consistent no we only let's go to the next slide which are the
we only made this consistent no so you periods for
have to go through trial filing answer okay so already have that
wait for judgment on the merits and then in table form for you so it's not
assign it as an difficult to um not difficult to
error on appeal okay now let's go to synthesize all the provisions no
reply and so answer to the complaint 30 days the
is a reply aloud in general reply is not reckoning point
allowed service of summons of course okay unless
anymore you can only file a reply if you period is fixed by the horde
are the plaintiff okay for instance service of someone's and
if an actionable document is appended or complaint is done by publication
attached it's 60 days or uh another period to be
to the answer okay if there is no fixed by the horde okay
actionable document and then amended complaint if it's a
complaint as a matter of right then it's now uh as i was saying earlier going to
still 30 days the next slide
because it's still a matter of right there is separation on extension to file
answer yeah okay other piece
and then amended complaint already we'd so any other motion for extension of
leave of course then it's only time
15 days because to counter notice of the is prohibitedly disrupted you should say
order it's a mere scrap of paper okay um
being leave or admitting the amended before we leave this
complaint i was saying before i got disconnected
because you were already notified that
because there i know a lot of you will complain about
was a motion for leave to file an this uh
amended complaint that 60 days is not going to be enough
also your you should already be put a for your affidavits and all other
notice you should already documents can we just give it a try uh
start preparing that's why now it's only i promise you you will be as happy as i
15 days am
and then counter claim is 20 days from with the results just give it even just
uh six months no uh let's just give the new
cross claim 20 days as well next slide rules a try and i promise you
please third the delays that you experienced before
fourth party complaint 30 days also will be a thing of the past no if we all
service of someone's give it a good try okay
on the third party fourth party now let's go to the provisions on
defendant supplemental complaint 20 days default lala please thank you
only okay and then no changes here no and uh just as a
answered by a private juridical entity reminder
60 days okay after receipt of service the effect of declaration and default is
okay next slide one time for an that the defaulted party
extension is no longer entitled to take part in
for an answer all right okay so we are the trial although
requiring you to file your answer now the defaulted party will still be
within 30 entitled to notices of all
days correct okay but we are giving you succeedings including the judgment okay
one motion and default may only be had
of 60 days only to file your answer always upon motion with hearing and that
now we thought that this was enough not is only logical
to prepare everything if you want the other party to be
even the judicial affidavits of your defaulted you have to give him notice
witnesses that you are defaulting him okay
and we thought that this was reasonable now the next slide speaks of partial
okay default and the theory of common defense
although i've already heard from my example would be um well in ejection
friends from the osg cases the defendants
and they are they are telling me that in property know in other case they have
this is going to be the same
parusa for them no but uh my only plea belong to one family but they have
with everyone is that we give play different uh
before i was dropped i'm saying again different shelters or different um
for my internet connection different abodes not built illegally on
i said 30 days and then one motion for that particular property so even if only
extension to file one of them
uh the answer of another day so a total can answer and the rest do not the
of 60 days others who did not file an answer will
benefit hearing the matter on the basis of
from it okay next is to use secretly affidavits or depositions or even oral
from an testimony that is when we can have
order of default all right i'm sorry the discretionary hearing we're talking
again okay lala we'll go to the about but in general
relief from order of default i think no more hearings on motions okay let's
we're done with that we're a bit default go to the next slide
we're prohibited okay so next slide what's important rule
of course we remember that default is 15.5
prohibited in actions for nullity b all motion shall be served okay so the
and annulment of marriages and illegal requirements of service is still there
separation we and you can avail of personal service
and just as a reminder the supreme court accredited private courier or registered
frowns upon default judgments no mail or
so as much as possible our judges should electronic means law then
always we go next slide very important
um be very very cautious in granting litigious motions
more for all and be very liberal in with the revisions we have categorized
granting motion motions into litigious and non-litigious
of default if there will be no prejudice motions
to the proceedings or to the parties so what are non-litigious motions these
okay let's go to the next one emotions which will not prejudice
now we're on our last topic which is the adverse party so you do not need to
motion and then special dismiss now hear them okay
what emotions what motions are so they need not be set for hearing and
prohibited and then what must be heard because
and then special dismissals we're they are non-litig then we we are
talking about what are the other ways of directing our just our courts
dismissing a claim to resolve them within five days from
other than the hearing and merits of uh receipt
of the affirmative defenses okay okay so no other no other directive
emotions in general upon receipt we count five days the
okay so this is very court must resolve them
very very uh santib revision because they are non-litigious motions
motions in general now we are no longer okay what are these you have the
requiring you examples there
to set your motor hearing okay you only uh you have uh motions for alias summons
need to um serve copies of your emotions for extension of
if they are motions in writing we are time answer only one extension of time
even going to entertain oral motions now okay okay because a second motion for
okay let's go to the provision extension of time to file answer
all motions shall be in writing except is already litigious okay and then you
they are made in open court or in the have motions for postponement
course of hearing if the motion is made uh for the three grounds that we will
in open court or in the course of the mention later on etc and then we go to
hearing litigious motions
then the judge will already hear the on the next slide um in indigenous
adverse party motions
orally also on his objections or these are the motions that prejudice the
opposition to the motion rights of the parties okay
and the judge will also resolve the um and because they prejudice the rights
motion okay of the parties
and then it is in writing no you need to prove that you served
and if it is appearing in the record a copy on the other party and then there
the court may have the option of is an automatic directive here
that um if the uh is friday okay now
motion is literally then you must uh other rules and motions okay you have
then the court must immediately resolve rule and proof of service again
it if it can be resolved on the face of as i mentioned we need proof of service
the records meaning there is no and then you have the omnibus motion
necessity to hear rule which still holds not that you have
it the court will resolve it within 15 to cite
calendar days from receive opposition all the grounds for objection in your
okay so that's what happens there is a motion
litigious motion this file and then um if a motion for leave to
upon service to the other party the file a promotion
other party shall be accompanied by the thought to
has a period non-extendable of five days be
to answer just motion by way of a admitted if it's a motion for leave to
comment or an admit an amended complaint then
option okay and receipt the the amended complaint should be
of the opposition or lapse of the period attached no and then the form of motions
the commenter opposed as we said
then the court is mandated to resolve you can even have oral motions now uh
the litigious motion already under the new rules okay now let's go to
okay so this all this all these actions prohibited motions
are already automatic no so okay um here you have the motions that
please do not wait for an order from the are prohibited first emotion to dismiss
court okay except
to uh for you to comment your opposition on the mentioned and then you have the
to a little motion to hear affirmative defenses as i
digit and also the horde must count the mentioned
period from the service a motion for reconsideration of the
of the uh litigious motion on the denial
adverse party because of the affirmative defense okay we
you do not wait indefinitely for an already mentioned that
opposition and then a motion to suspend proceedings
upon lapse of the period to uh comment without
uh meaning the five-day period then you a temporary restraining order further
must resolve it with within very injunction
their data the next slide shows you the from a higher court so no longer
the examples of the litigious motions entertain motion to
of course these examples they are not a motion to suspend on the ground of
exclusive judicial courtesy
that is why in the last number you have if there is no tro or wpi accompanying
other similar emotions and then we have a
okay and then um motion for extension of time to file
next slide discretionary hearings on the pleadings or other court submissions
motions other than one motion for extension to
the court may in the exercise of its file an answer
discretion if necessary then the connect the last one is emotion
call a hearing on a litigious motion no for purpose
in such an instance the court will be okay another vision of the rules
the one to issue the notice of hearing in prohibited motions a motion for
no postponement is presumed to be intended
and then except for motions which for delay
require immediate action the court or entertain if it is
uh where the court that it must be set based on acts of god or force major
on or physical inability of the witness to
the hearing signated in the rules which appear and testify
but you have to make a qualification the counter claim
imprecision in the language here and then we have the dismissal due to
i believe that we should also include fault of plaintiff under 17.3
the physical inability of the council this is a dismissal on ground of the
not to appear not to testify but to plaintiff's um inability to
appear because we know present his evidence intrigue and or the
that if a party has appeared through failure to prosecute for reasonable time
council of course the litigation is or the failure to comply with the rules
carried on by the council okay or any order of the court no
and then listening there that if your this is rule 17 section 3 and this
emotion is granted you will dismissal amounts to an
just have the balance of the dates adjudication on the merits no on the
assigned to you to complete the subsequent slides you just have a
evidence presentation for on behalf of quote from this decided case on what
your client okay constitutes a reasonable length of time
let's go to prohibited motions emotions it depends on the case basis the report
for postponement we've discussed that we study the circumstances
already the fees you need to pay the which case now that and the first module
filing please of our
and then next just an extra motion to uh session thank you very much and again
strike the pleading apologies for the interruptions
no um the court can't entertain such and good afternoon to all of you thank
emotion you for taking care of
no if uh on the face of the pleading it joining us today for the second
is sham or false module of our step-by-step litigation
redundant etc and then we have the two under the new rules and civil procedure
dismissal rules now we go to exp today our module
to the special dismissals under the will focus on trial up to judgment so
routine we're taking up
okay first with this missile rule this rules 18 to 36
is a dismiss of the rules of civil procedure
notice the uh plaintiff no so before a directly to the first slide which will
responsive pleading is filed show you
uh the plaintiff on its own motion or the flow chart of the conduct of
voluntarily pre-trial and trial yesterday
may file a notice of dismissal and the i showed you the first flow chart which
court will just confirm the dismissal consisted of
however all the steps from the filing up to the
and that dismissal will be a dismissal uh judgement no and then we proceeded to
without prejudice however under the two the steps
dismissal rule and uh broke up the flow chart per event
if the place done before for the same now so today
cause of what you have on your screen again is
action then the second dismissal will the entire flow chart from the complaint
already be a dismissal with prejudice to the judgment
all right but the next slide will show you what
and then um the next slide is just an we're taking up the
example in module two as we mentioned we are we
from jurisprudence of the two dismissal are going to start with pre-trial so we
rule it's an illustration will discuss pre-trial proper
and then we next we have the plaintiff's cortana exmediation judicial dispute
motion to dismiss resolution
by leave of court under rule 17 section modes of discovery and intervention and
2. then we will have
okay in such a case if there is a expedited judgments you will have
judgment on the pleadings our civil cases and then of course we
summary judgment and judgment on agreed have the filing of the pre-trials
statements the period now is three days before
of facts and then you have trial where trial as before
we will discuss trial proper and then you have the actual pretrial
actually continuous trial now for conference we call it pre-trial proper
several cases and then you have the issuance of the
offer of evidence and then the murder to pre-trial order which is within 10 days
evidence from conclusion of our pre-trial
and then we will have the regular conference
judgment and then you have court annex mediation
the the judgment on the merits that we you will see
speak about that there is a shift here no whereas
where we will discuss the period to before the coordination which is
decide form and contents and the entry mandatory
of judgment okay let's go to the next happened before the pre-trial proper as
slide on pre-trial well as the judicial dispute resolution
again i'd like to acknowledge before i the committee now decided to do the
forget later on and thank pre-trial proper first
attorney lala rosas who's helping me and then do the cam and the jdr after
with the slides okay
and to repeat i'm very privileged that why what was the reason well the
i'm a harvard law graduate thinking was
assisting me in this presentation thank is is that um we also do
you again lala settlement now we try to uh well we try
okay so pre-trial from the date of the to broach the idea of settlement to the
list parties during pretrial proper and
of the filing of the last responsive the experience the common experience is
pleading or the expiration of the period that parties
to file the last responsive bleeding are more swayed or influenced by judges
the branch clerk of court has five days when the
only to when they discussed settlement no so so
issue the notice of pre-trial okay the the thinking of the committee the
notice of free trial you don't have to subcommittee was that if the
worry anymore what you discussions of settlement are first had
what you need to put in it or include in before the judge then there may be
it because we have a form more instances of settlement that early
developed for you now i at that early stage no and then the
am one who is known to be very very fond pre-trial
of templates be concluded pre-trial proper without
uh i have been part of several groups any settlement
um that have developed templates for our uh then there will be court annex
e-course develop templates mediation as mandated not under the
and revise the the civil civil procedure pertinent issuances of the supreme court
forms uh first device by and then judicial dispute resolution i
by then judge uh judge lucas bursa and don't know if it's showing on your
and his uh screens but i
associates no so we revised them last i wanted that arrow pointing to judicial
year uh dispute resolution to be up an arrow
under the initiative of the university because jdr now is no longer mandatory
of the philippines and they are now with no it's now discretionary
the supreme court awaiting approval so only in instances when the judge um
hopefully they will come out soon to sees that there is still a possibility
help of settlement
to help us also in expediting despite the failure of camp okay let's
go to the next slide but also in the council's calendar no so
now okay so let's discuss pre-trial when if later on there is no need for cam
is it conducted or for jdr because there was already a
as i already mentioned it has to be set settlement that pre-trial proper well
no within then good
60 days calendar days as i mentioned no there will be no prejudice to anyone you
all days are now calendar days just cancel those settings
within 60 days from the filing of the okay all right you look at the next two
last response including slides
the last responsive pleading could be uh that is the template of the notice of
the answer or it could be pre-trials as
a reply if there is an actionable as i mentioned you don't have to worry
document attached to that anymore about what you need to include
and it could very well be a rejoinder if anjana puts a template of course this is
there is an actionable document attached just a template no we're not
to the reply all right we're not mandating you to use this it's
and so of course we all know that not word for word
pre-trial is mandatory i hope but the important part should be in your
i hope hope hope until now i'm still notice of pre-trial
hoping no but also so this is a guide to you
but with the new rules the revisions i but if you want to use your own words
hope that we are well then do so
we are forever rid of those uh do so just make sure that all the
uh pre-trial is terminated upon necessary
agreement of the parties okay uh contents are there okay so and and i
so uh since our pre-trial order have them there for you
also is now a template no so i hope no like the relevant dates as i said for
one will finish the three for the three events not the
free trial without going through all the pre-trial proper
required steps the cam and the jdr and then the
okay and then the next slide shows you pre-trial brief what should be contained
the notice of pre-trial what must be in it
included and then when do you file it okay and
in a notice of pre-trial and um next what what are the consequences of
the very important addition here is that non-appearance depending on who
now you have to give notice of the dates fails to appear and then representatives
not just for the pre-trial proper or representatives allowed the rule is
but also for court annex mediation and there
judicial dispute resolution and then and then the last portion
now one lawyer asked me just this why do refers to the reservation of evidence no
we and the non-appearance and non-bringing
need to include a date for judicial or failure to bring the evidence so
dispute resolution when that is not all now gives
mandatory it's discretionary so the necessary directives to the parties
so he said that sayang put that date as to what will be done at the pre-trial
there but i said masayang now gone
if you don't put it there and then you gone are the days when parties go to
need to do jdr pre-trial and prepared gun are the days
then you check your calendar but your when parties go to pre-trial
calendar is already full so hindi and asks the court your honor can i just
timelines no so by including this three bring my evidence at the next setting
dates already in your note is a your honor i'm sorry i did not bring the
pre-trial journals of my evidence
that is already a reservation not just i have the photocopies here with me your
in the course calendar honor can i just mark
the evidence in the course of my not the propriety of rendering judgment
presentation of my witnesses on the pleadings or summary judgment
because you will agree with me if you're or of dismissing the action should a
if you're a practitioner and if you are valid ground be found therefore
a judge no and um that is something that should
that this is the great cause is another be utilized by our judges born
great cause of delay for our trials not now no because unlike before
the markings now a pre-trial no the judges with the
the comparisons and then the the benefit of seeing the evidence no
stipulations for
in court not done in court in the uh literally or practically the entire
presentation of a witness evidence for both parties so
of all these evidences this time around if you feel that you can already render
okay now they're mandatory you have to judgment on the basis of the pleadings
do this during pre-trial or a summary judgment then then by all
right now the purpose of pre-trial is means please use this provision no
still the same do not think twice about it and then my
but if you look at the old provision i'm very excited about letter g no as i
under the 1997 rules mentioned already
we removed the the portion on the these are the things that i used to do
amendments the in my in my trial courts and i know a
the visibility of amendments to lot of judges do this also and these are
pleadings no and then the other one that the judges have devised precisely
is regarding the uh suspension of because we want to eliminate the clutter
proceedings why did we remove the during trial
why did we remove those two provisions we want to eliminate all that delay so
well regarding amendments no now it's been institutionalized i'm very
because we want you to do all these happy about it
things well some of you might not be happy
only as a matter of right than within about it but i'm
that period before a responsibility is i'm really begging everyone to give it a
filed try i
and by leave immediately when the promise you the results will be to your
necessity for it becomes apparent do not liking okay so
wait what is this part that i'm so excited
until pre-trial there is no longer any about no
necessity now during pre-trial there is a required
unlike before because all the evidence part is first
of your adversary will already be on the to mark the respective evidence if they
table they were not yet marked the judicial
even before pre-trial so if you need to affidavits you know
amend this shows you that we will be
anything you should do it as soon as reasonable not a certain extent
possible time let's say that you submitted your
that is this uh the other reason the judicial affidavits but in the judicial
other portion that was cannot be affair
as i mentioned the um suspension of in the documents uh that you attach to
actions your judicial affidavits
or suspension of the proceedings because exhibit abc or whatever so this shows
um you know now that the rule you that we can reasonable in our
is that suspensions are disallowed no interpreting rules no because
unless there is a tro or that always judges please remember what we
or a wpi from a higher court right okay want to do is to resolve their disputes
so let's go to the next slide um on the merits no not on technicalities
okay so there we added under paragraph f all right
okay and then second one you after anything and everything no so no more no
market you have if you want to reserve evidence this is
examinations with with your adversaries the only way you can reserve evidence
evidence now okay if it's testimonial evidence
vis-a-vis the copies that were marked you have to give us the name or at least
not because most of the the position of the intended witness the
most of the parties do not want their reserved witness
originals to be marked no plus the nature of the testimony okay
so they bring photocopies or and then second if it's document object
reproduction so evidence
we do our comparisons of the photocopies then you have to give a particular
to the originals during pre-trial okay description of the evidence that you're
so young provisional marking unless you reserving
are able to justify it talaga to the and then judges please if evidence is
court like being reserved like documentary or
it is impossible to bring it at object evidence
pre-trial because it's coming from no you can already at pre-trial assign
let's say it's coming from another exhibit markings to those reserved
jurisdiction from another country okay evidence that is what i used to do
so so and in those very but i will land upon confusion later on
in those three extraordinary okay
circumstances we may allow you but we and then of course letter g is just your
will be very very strict in applying catch-all provision
this and then the succeeding slide just gives
bring your originals to the pre-trial you a quote on the nature of pre-trial
and let's do our comparisons at how it is mandatory
pre-trial of course after you compare and what is its purpose of course we are
number three you have to make all aware what the purpose of pre-trial
stipulations now are these genuine is right
reproductions or faithful reproductions we want to we want trial to be less
of the original and then hindi lang puta cumbersome we want the real issues to be
yo titi hilda we will also proceed to surfaced already
make stipulations so that uh the presentation of evidence
on the genuineness and do execution of will be focused on those issues okay
these documents you know so let's go to pre-trial brief okay so what
on we want to we we want to eliminate are the contents the
that basically the same as under the 90 1997
that uh uh
part of trial where you have to go rules but you will see that under letter
through all those steps c
uh about identification and now we clarified you have to state both
authentication of your documents okay factual and legal issues no
and then of course you go to the next judge giolo de la rosa was very
slide number four this is again very insistent on
important no this no and i think this is a very good
we will no longer allow any reservations addition
of evidence very common we we forget that there will be legal
no a pre-trial council will re will issues arising from the factual issues
request the quarter owner can i make a the bacca
reservation we are so focused on temptation of
of evidence okay what whatever you're evidence and of course presentation of
reserving your honor i reserve the evidence
presentation of other evidence as maybe mostly uh centers on the factual uh
necessarily in the horse of trial oh wow issues right so legal issues so let us
okay so that's practically let us be focused on both okay
and then of course uh we just did some to have
revisions to make it um power not to submit the alternative
consistent with the requirements in the dispute resolution mechanisms
contents of a bleeding okay which will include common jdr okay and
and then um the next slide shows you then the third
this a failure to file a pre-trial brief is the power to enter into stipulations
or as we know or admissions of facts
that the failure to file a pre-trial and documents okay all right let's go to
brief is the next slide
um going to merit the same sanctions as on pre-trial okay so we are now at the
non-appearance at pre-trial okay so for pre-trial conference
the plaintiff let's go to the next slide lala okay so
then it will be a dismissal for the what is the effect of failure to appear
defendant then it will be at the pre-trial
the presentation of evidence exported by well the failure of a party to appear at
the plaintiff and pre-trial despite notice of course
exported judgment no so what is your it's a waiver of any objections the
remedy faithfulness of the reproduction
if you file a pre-trial brief and reproductions marked or the genuineness
sanction was imposed on you and do execution of documents that's
then you can file a motion for what that is one additional
reconsideration on the ground of fraud sanction if you fail to appear at
accident mistake or excusable negligence pre-trial remember
okay now you're required to do all these
now duty to appear at the pre-trial okay things at pre-trial okay
so um the duty to appear at the next slide please okay so if both the
pre-trial falls on both the party and plaintiff and council are
the council okay upset then there is no doubt the case
if the if the party uh deems it will be dismissed no that's the sanction
necessary to send a representative of and if both the defendant and his
course counsel are absent then there is also no
in the case of juridical persons who are doubt as to the effect that
parties or which are parties in civil the presentation of evidence exported
trials then for the plaintiff will ensue
they necessarily appear only through but what about if it's only the
sedatives so what we need is an plaintiff it's absent
authority no if the plaintiff is absent but the
okay but the authority even for council is present
juridical persons no you have to ask yourself is that
the authorized representative must be authorized for the three purposes i
authorized for three specific acts mentioned for pre-trial
no and that is the first is to if the council is not authorized then
go straight for and enter into an you have to impose the same sanctions as
amicable settlement if both the
so hindi puedo representative and then plaintiff and council were absent but if
when you discuss terms of settlement the council is duly authorized for those
the representative will say your honor i three
have to uh i have to relay this for the things then you can proceed even
no to the company or to the board in the absence
because they have to approve it then you of the plaintiff because you have a
are not representative in the person of the
authorized that will be deemed as uh council now what about if it's the
non-appearance defendant who's absent
so you have to have power to enter into then if the council is also authorized
an amicable settlement second you have for pre-trial purposes for the to
represent the defendant for the three pre-trial no
things i mentioned no in the 1997 uh rules
then you can also proceed okay what for non-appearance a pre-trial we got
about if it's the council of the we got rid of that no we got rid of that
plaintiff who is concept so the only time
absent oh what is the remedy then you uh defending party is going to be
can do declared in default is when
one of two things you can either just he or she or or it fails to file an
miss out right now for failure of the answer within the time prescribed okay
council to be present despite notice so but failure to attend the pre-trial
because you know you cannot proceed in is considered
the absence of counsel because council uh the party is considered as in default
is officially representing the plaintiff now
no um as in because they are the same no so
or that's my advice no you can issue a you are not
show-cause order for the non-appearance entitled to participate anymore uh
give the council in the in the subsequent proceedings of
24 hours or 48 hours depending on the course you will still be entitled to
mode of service that you will employ no notice not
to explain his non-appearance no and if including notice of judgment all right
the excuse is not valid then that's the let's go to the next slide please
time you dismiss what is the effect of your failure to
you may say i thought we want to you bring evidence at pre-trial as okay as i
know we want to eliminate clutter we already mentioned
want to be fast no no so this will be uh tantamount or
if you do this if you issue a showcase equivalent
order first to a waiver of the presentation of such
you might be avoiding lengthier evidence okay so me sanctions
proceedings because if you do not appear you waive your
for sure there will be a motion for right to object to the
reconsideration with an explanation genuineness and do execution also to the
of the reason for the absence then it faithfulness of their reproductions
will amount to the same thing but if you your you fail to bring your
so by issuing the show cost you're own evidence then you can no longer
actually saving on time okay present those evidence
now what about if it's the council for of course all of these rules no have to
the defendant who's absent be
not so you can already immediately set tempered by a reasonable interpretation
the export representation of the are trained to apply the rules liberally
plaintiff's evidence and with reason on the guidelines to be
but in the same order you direct the observed at in the conduct of pre-trial
council for the defendant i'm sorry there's a thunderstorm here
to show costs not for his non-appearance and it's raining quite hard no so but i
no will reconnect
and if the excuse is valid uh every time you lose me please be bear
then you can recall you're ordered with me and i will try to reconnect okay
setting the case for export so we're here i'm just reminding you of
representation of evidence but if the 83-1-09 of the sc
excuse is not valid the guidelines not in the conduct of
then you can proceed with with the pre-trial and preliminary conference
export representation of plaintiff's so the question now of the judges is are
evidence and we doing away with the preliminaries
thereafter under judgment okay let's go before the branch clerk
to the next slide the answer the short answer is yes okay
is there a default for non-appearance at so
we thought that we now do everything in you all that uh under rules of section
the pre-trial proper okay six on contest judicial affidavits
this should not for the judges and the must now be attached to our initiatory
brothers from doing the work together pleadings okay let's do the next slide
now during the pre-trial proper please
the branch clerk can be present and do again another provision section two of
all the markings the judge does not have the judicial affiliate
to be the one to supervise all of that pool on object evidence in judicial
everything will now be done during the affidavits just as a reminder for all of
pre-trial okay you we don't need
and it's also supposed to be okay now to go through it uh and the next uh
let's go to the next judicial affidavits slideshow
and pre-trial okay so yes with the judicial affidavit rule no
just again i remember what these are the um
provisions of the i have this here for you just to remind
david rule on judicial affidavits you because there are questions now
i've been asked uh several times already what about if i'm able to append no one
uh judicial affidavit because my witness
do the revisions in the ninth in the the because of the lockdown there are no
present revision flights no i was unable to et cetera et
mean that the judicial affidavit rule cetera
has been and my period to file the answer with
superseded or repealed in its entirety the judicial affidavits is already
my answer is already about to expire no and uh
is no okay remember the judicial i've used
affidavit rule is a rule was my extension we are
probably the supreme court okay now the trained like the rules with reason and
restaurants of course fairness
again are promulgated by the supreme the ultimate objective of resolving your
court now the judicial affidavit rule conflicts on the merits okay
uh or actually the revisions have a so if you look at the judicial affidavit
repealing clause for all those prior rule you have it on your screen
rules which please room for one submission
are inconsistent with okay with the okay it's my view it is my view only my
revisions but the judicial affidavit personal view
rule is not inconsistent i hope the other members of the
with the present revisions in fact the committee share it no
judicial affidavit rule supplements that one leads at the one late
the present revisions because the submission rule under the jar is still
judicial affairs affidavit rule is the applicable
specific rule it has it has details as long as the party is able to justify
which are not carried over the delay no plus there will still be
in our present revisions so you can also that payment now
still harmonize the two so you can fall although uh in the past i've always
back spoken out against collecting that
to the details of the jar if you do not payment
find it in our okay all right let's go to the
okay here just reminding you of what how non-compliance still the continuation on
you mark your documents when you append the next page that's just the one late
them only submission rule okay let's go to
to your judicial affidavits and how the next slide okay so now we're moving
you're and how your affiliates should on to the pre-trial order
identify them in their judicial uh in okay so the next line again
affidavits okay uh so now we're at the issuance of the
all right um of course pre-trial order judges
are supposed to issue the pre-trial as police comply with
order within 10 days from the pre-trials it and then of course the other one is
conclusion the most important witness
okay and um these are the contents in rule this is to prevent the presentation
the succeeding slides use the contents or the inclusion in the witnesses
of the pre-trial order what must be in the list of witnesses of merely
included corroborative witnesses now when i was a
in the pre-trial order and you will see trial judge
under letter i would allow only one corroborative
g okay the case flow chart witness
okay to be determined by the court which no more than one because we don't need
will contain the different stages of the that it's not the number
proceedings of uh witnesses but the quality of their
up to the promulgation of the decision testimony that mattered okay
and the use of and then letter i uh okay a statement
time frames each stage in setting trial for the pleadings or summary judgment as
dates the case may be
started yesterday we are doing this this is new and this is part of our
step stage by stage space by face expedited uh
and i'm giving you all the timelines judgments no so in the pre-trial order
that you need to comply with okay so the judge deems it proper to render
that is essentially judgment on the pleadings already
what the case flow chart is going to be or summary judgment it must
in your individual trial order okay then the next slides
cases right and then that age has will just show you
reference to the one day examination a template of the pre-trial order which
rule what is a one day examination rule we have already prepared
which um for all our judges and our branch clerks
which was uh first first um to use again
set in the a in the am that i referred this is just a guide for you you can
to earlier 03 109 of the sc no employ your own language and style
one the examination rule simply simply we want you to open necessary parts
requires that must be in your pre-trial order okay the
if a witness presented the testimony of important parts there are the warnings
that witness should be in the caveats
should be complete in there including regarding postponements okay
oh because we okay now go to pre-trial uh and oh no no
all lost that because of our peace meal i'm sorry let's go to trial proper okay
trials no because of the volume of cases uh oh i'm sorry cortana expedition
the number of cases in the calendars of so this now will happen after pre-trial
our trial courts proper and i explain to you the reason
peacemeal trial has become the norm now for it now we have limited the time to
and so the one 30 days maximum okay without
examination rule under this new rules further extension and if court and
uh it's a reminder not that let us set expedition fails
the testimony of witnesses only on one what happens next no we will go to the
day to avoid delay next slide
not only that avoid inconvenience to all um to judicial dispute resolution the
the parties plus also judge has an
it it may work harder to keep on option no uh if
reviewing and because by the time we he or she believes that settlement is
call the witness again we would have still possible after failure of cam
forgotten what was already and the judge can refer the case for
i don't know at the preceding date now judicial dispute resolution
so the one day examination rule as much okay now judicial dispute resolution
will now be conducted slides will not
not by the original judge handling the we will not go through them indeed the
case modes of discovery you have from
but by a different judge so in rule 23 deposition spending action and
multi-cell reports the judge handling then you have rule 24
the case will refer depositions before action are pending
it to the occ for reassignment just for appeal and then
jdr purposes you have interrogation under rule 25
okay so it will go to a different branch and then you have done by the adverse
and then party under rule 26 and then rule 27
if jdr fails that case will be returned of course is production or inspection
to the original judge and like documents and things and rule 28 is
unlike before the original judge does physical and mental
the jd why did i include this no i have i have
r if there is a failure of jdr the case uh
is several suits regarding each of the
unload okay so that is no longer we modes of discovery but this
found that to is for you to refer to at your own
be uh not conducive to a speedier leisure okay i'm not going
disposition of the case not only that to hear the committee did not touch on
um it brought about a lot of questions any acceptor revised rule 23 and 25
regarding uh whereas before there is a
regarding unloading failed jpr cases portion of and there is no no
okay among the judges it's all upon expert
so now we have changed the rule and we emotion of any party meaning it's become
hope that this will uh knowledgeable
speed up uh our processes okay now jdr of the proceeding okay so you learn
is only going to be done within a point changes and otherwise they remain
fixed period of 15 days no more no less the same
all right so all i wanted to do to put this here
okay and then the next slides will show is to show you where
you just a comparison most scorpio the process you may ask
of uh our amendments regarding jdr utility and modes of discovery
and then requirements and then under considering that evidence
under our present uh rules in the interpretations all the evidence
no so i already mentioned uh the including judicial affidavits are
radius now no long mandatory already attached so
and it's going an index period of 15 the answer is yeah there can be new
days matters that the com
and of course this is a reminder that that uh that the plaintiff uh was not
all the proceedings under aware of until the plaintiff received
cam and jdr are confidential in the answer no
character okay in which uh the plaintiff may find the
now let's go to the effect of failure to need to resort to
appear during cam discovery or vice versa no so that is
and gdr okay it will be equivalent why
to non-appearance pre that because cam the modes of discovery are still there
and trial they are considered no but my experience in all my
as part and trial so if you fail to in all my years in the judiciary is that
appear at camp both
if you failed up here at jdr despite uh litigants and judges are worthy of
notice we the modes of discovery
can we post on you the same sanctions very very few instances are the
as none appear at pre-trial sanctions
let's go to the next lines the next imposed no for non-compliance or for
failure to answer uh for example a discovery once you have discovered what
request for admission when i was a you are looking for you still
practitioner need to present it in court in the way
i would always resort to admissions not that the rules and evidence require
a request for admissions immediately us to okay so we will skip this part
after i file now lala because as i already mentioned
uh after i filed my pleading i would this
already be preparing is really just for you to do at your own
requests for admissions and and more uh pace okay now i'm playing
often than not no very quickly i mean difference between
they will fail to answer in the way that letters rogatory no you letters
they require them to know like it commission for you needs a local
has to be verified has to be by the if for example we allow the deposition
party to be taken we issue a letters
and has to be within a period of 10 days commission
no so let's say to the nota republic before
so uh whom the deposition will be uh
to deem those uh matters admitted will be uh taken no or
let's just resolve your case on the for the taking of that uh deposition so
merits but you're honored yolan puyon uh
people are always afraid of the things just some terminology for you and then i
they're not familiar with have comparisons there for you
no a good example would be technology between oral examination and written
you know interrogatories
uh but like now we are all comparisons also be uh between the
forced to use technology to continue our position spending action and depositions
work before an action has actually been
and that is the reason why i included compensated
these slides here no for example you're afraid that your
now please study them at your own pace witness might not
hindi pusilla complicated and you know might not be that healthy and
and these modes of discovery can help might pass away even before you could uh
you okay complete your evidence so that you can
limitations modes of discovery and isa file a complaint or repetition
elimination relevance then you can already resort to
okay uh ayo langnam and fishing deposition taking
expedition iowa before the action okay all right and
rules then then the sanctions are also here
there has to be that condition of for uh your failure to uh comply
relevance or pertinence and with the rules all right okay so now
of course if you take the deposition of lala
somebody whether it's through oral we will go to our uh intervention okay
examination or written interrogatories that is the next step
hit the automatic bound kana okay that in our process uh intervention who may
you need to introduce that deposition intervene okay
already okay so i hope that um find time to go
for it to be taken through these slides on the modes of
you can use it or not use it no so so discovery okay
who could indian a per percent point so now we go to intervention
it has to be admitted like any other intervention is allowed at any time
evidence before judgment not that is still the
no not uh it's just not the fact of rule well upon change
taking um but the question now is who may
automatic evidence intervene
okay so these are just modes of also no change it has to be someone with
an existing in such a case the judgment will be
and actual legal interest in the subject rendered within 90
matter calendars
of the litigation that's fixing the constitution so
future interest payano that's the only then part also is the last sentence
thing that i want to remind you about there the order of the court to
and of course the discretion in allowing submit enforcement pursue one to this
an intervention will not be subject to an appeal
remains with the court and the primary or a certain reputation under rule 65
consideration is that okay so at the moment in your pre-trial
an intervention will not unduly delay order if you find
not the resolution of the case as that the conditions for a summary
between the original parties no so judgment or for judgment on the
anglagi pleadings are present
we always think about the original issue then you can order already judges you
the original controversy between the can already include in your pre-trial
parties order that you are submitting
and the original parties we don't want the case for judgment on the pleadings
any delay okay or for summary judgment
so of course an intervention is just without need of further memoranda okay
supplemental to the existing uh case so
already no it's and then no appeal from that order
it's ancillary it's not the main it's neither is a rule 65 petition allowed
not the main case okay
okay and then well what are your now what is the judgment on the
lead intervention you have your pleadings
complaint in intervention if your rule 34 is the same uh but
interest is in the success of the um just to reiterate when the answer
plaintiff then you are fails to tender an issue or otherwise
going to file a complaint in administer material allegations
intervention but if your interest is of the plaintiffs pleading the court
in the success of the defendant it's then made direct judgment on the
going to be an answer in intervention pleading no
all right so my exception
okay so now let's go back to our flow cases nothing but um judgment on the
chart pleadings
now we are at expedited judgment is you focus on the pleadings okay you
okay so we're done with there we go now do not go beyond it
we're at expedited judgments okay do you consider the evidence attached
now this new no um should there be no like now
more controverted facts i think complaints are not in your
no more genuine issue as to any material judicial affidavits
fact or judgment on the plea is literal okay so
an absence of any issue or should the pleading if leaving the place there is
answer fail tender an issue the court no
report genuine issue between the parties no
to this to a party moving under rule 34 remaining material
for judgment of the readings or rule 35 uh material issue between the parties
for summary judgment then judgment on the pleadings is proper
the cortopropio okay include in the okay next slide please now the court
pre-trial order made moto proprio or on motion render
that the case is submitted for summary judgment on the pleadings as i said moto
judgment or judgment on the pleadings propio
without need of further position papers uh you will include it in the pre-trial
or memoranda from the party order but it can also be
via a litigious motion of a party no if the judge feels that it
in which case then you must follow the when there is no more genuine issue
rule on litigious motions okay between the parties okay or no
now any action of the court on a motion no issue of fact remaining
for judgment on the pleading shall not issues
be subject of an appeal but as i said this is within your
or temporary prohibition discretion okay
okay let me just clarify this for all right what is a genuine issue
example there's a definite one from the case of
the court uh denies motion for judgment iloilo jar correction in the next slide
on the pleadings no no it means one that requires the
or denies the motion for summary presentation of evidence
judgment that's a little of judgment on the pleadings all right
motion the succeeding
okay slides also uh slide uh also
okay refers to a definition of what judgment
less clutter we want less um of the meetings
interlocutory incidents being brought is and when it is proper okay and then
up no and delaying the main case so now let's go to summary judgment no
medium parties no that is not true you so some respect happens when um
still have a remedy well the move but it can be any claymont
you wait for judgment on the merits then no
you elevate the case on appeal and you it can be the play date for the
assign that defendant but uh
as an heir of the trial court okay so anyone who has raised a claim before the
remedy what about if the grant you court can move with supporting
[Music] affidavits depositions
okay let's go to the next slide okay uh or testimony for somebody judgment no
so that's just a reminder when your when there is no
motion for judgment genuine issue remaining between the
the pleadings is litigious this is what parties okay
happens you need proof of service and then the next slide shows the quote
okay you can serve through personal again as to the nature of summary
service accredited courier or registered judgment
mail or electronic means okay so
we discussed that yesterday okay second and then we go to the to the rule itself
the opposing party summary judgment
adversary automatically has five claimant you have to make that motion
calendar days from receipt of your that's a litigious motion if the judge
ocean to file an opposition no do not does not
wait for the court to direct you motopropio included in his pretrial
to a position that will not come order
five days more okay so from the receipt and then in the same manner you have
of the motion five days period
you need already to file an opposition adverse party you have five days to
count five days no and then from receipt oppose it
of the opposition or lapse of that five and uh the court will have 15 days from
day period to file an opposition the receipt of the opposition
court or lapse of the period opposed to
must resolve the motion 15 days long resolve the motion for summary judgment
probably no and then um in response we
because then okay remind the same rule under judgment on
discretionary hearing the judge has the pleadings
the power to set a summary hearing on that a denial is not subject to appeal
the motion it's not subject to rule 65 petition the
remedy no
from a denial of a motion for somebody well no
judgment is an appeal upon the facts involved in the
after judgment on the merits where you litigation to submit the case for
assign as an error the denial of your judgment on the facts
motion for summary judgment agreed upon without the introduction of
okay so let the next slide now partial evidence
summary judgment that is possible no okay based on admission
if all if judgment if somebody judgment or stipulations
is rendered only as to an issue for the court to try no you can
one issue no uh already
and there is an issue which requires the um mutually submit the case for a
presentation of evidence judgment
this rule provides that the court must uh by consent no so
direct that although actually i've decided maybe two
such further proceedings be conducted cases on the basis of this
there is need for presentation of after we did pre-trial all right so now
evidence as to some remaining issues let's go back to our flow chart
then um this is the flow chart for continuous
the judge must not forget that remaining trial now
issue for trial okay no so you you you end with pre-trial
and then what you issue the pre-trial or order after
papers uh that's in the next slide 10 days
that's just for you to to look at um at from the conclusion of your pre-trial
your own uh and then you set
leisure it's still the same and then bad the plaintiff's presentation of evidence
faith okay
is punishable by contempt and then the plaintiff's presentation of
you know now on the next slide we have evidence commences within 30 days from
the distinction between judgment on the the termination free trial
pleadings from conclusion free trial 30 days
and summary judgment no okay so initial presentation of plaintiff's
simply stated what distinguishes the evidence
judgment on the pleadings from a summary now depending on the number of um
judgment is the presence of issues in witnesses to be presented okay
the answer to the complaint uh they you can assign a maximum
when the answer fails to tender any of um three months no three months or
issue then uh or 90 calendar days to the plaintiff
it does not deny the material to
allegations of the complaint or admits complete his or her or its evidence
them presentation
then that is judgment on the pleadings okay
okay but summary judgment then you will probably just use what
is when there is a less than 30 days you'll probably use
judgment requires the presentation of half a month
it and even oral testimony and then after that of course we go to
the claim no but just by looking at the formal offer and we know
those from our revision of the rules and
supporting affidavits evidence and already from the judicial
you are limited to the pleadings but affidavit rule no
summary judgement that the offer of evidence now has to be
methodology david's depositions aura later on we'll discuss that no
etc okay all right now the next slide and when do you do your oral offer of
shows you evidence no under the judicial affidavit
another provision which we have not used rule
you have to do your oral offer of if either or both parties want to
evidence on the day present rebuttal evidence
of the last presentation of evidence beneath the maximum
okay not to exceed 30 days okay so if you
so you may say total all of the
we have a schedule of trial you know these up no all these uh time frames no
when you will be and all these stages young third party
your last witness so you better be ready complaint etc
oral offer you will only consume a maximum of 180
on the day of your last generation days
okay so we don't want to waste time con maximum napoleon okay and that's six
in writing months
comment in writing so that's why we now if you have those third-party
taught it wiser complaint
not to make all or offers of evidence or and you have rebuttal evidence a maximum
rally the objections are oral okay napoleon is 300 days
all right so then after that the 10 months no no if you think about it
evidence where the evidence no enters there is no reason for us not to be able
not into the picture to comply with this okay
because now let's go to the next slide the order
now the defendant has a chance again for of trial
an expedited judgment of course subject to the provisions of
without having to present any evidence rule 31
if the defense 0.2 that's the rule on trial on periods
feels that the evidence presented by the and unless the court for special reasons
plane that's not up to proponents of otherwise directs this will be the flow
evidence then the defendant may file of our trial and i already mentioned
a demur to evidence under rule 33 this to you
if it's granted then that is dismissed first the plaintiff then the defendant
that's the end of it okay then the third party
but if it is denied then we proceed to claimed fourth party etcetera the
the next step account across claimant and then
which is the presentation of defendant's rebuttal evidence okay
evidence now the presentation of and then let's go to the next slide the
defendant's evidence straight observance of the trial
the maximum allowable allowable period schedule
also is 90 calendar days or three months we are reminding lawyers that if you ask
no for a postponement
and um in the same manner it will depend and if it is justified we will grant it
on the number of witnesses to be no and uh
presented i will mention the reasons later on for
90 calendar days and then and then we the most for the valid uh
proceed offer of evidence for the grounds for postponement but if it is
defendant same rules uh granted we will not give you
and then if there is a third third-party extra time to complete your evidence
claim no like a third-party complaint presentation okay
or if there is a permissive country because at pre-trial we are setting the
claim or dates we are
across claims we preparing our flow charts stage by stage
are also allotting a maximum of 90 days okay so if you have for example three
or three months witnesses
for these other claims okay so let's say the court gave you five days
additional puyon no to complete your evidence presentation
and then the last step there will be for three witnesses okay
rebuttal evidence if you own one day so that
leaves you four dates we will not grant even if the witness
you an extra day and the party are present but if the
okay i hope that's clear right okay council falls ill
let's go to the next slide and is confined in the hospital then i
again just i did it as a chart so you don't think we
can easily uh should be unbending
see it okay so but we've already interpretation
discussed that let's go to adjournments physical inability of the council to
in general appear
okay next slide please so in general no no uh for for some substantiated reason
the court does not have any power to okay so and then of course as i already
adjourn trial mentioned
for a longer period than one month for um other than this your motion for
each adjournment okay postponement will be the
no but i will tell you when i was in mtc prohibited motion okay so the next slide
in quezon city if the ground this this is the provision
my docket was over 5000 cases and in the 1997 rules
my calendars would exceed 70 every if your postponement is due to an
session illness or a medical risk
and i had and i had settings in the is an affidavit okay or a sworn
mornings and in the afternoons of course certification
these were more that the presence of party or council is
more more more of them were criminal in
cases majority this okay that's number one that's the
languages first that's the first condition
sometimes the next setting is six months but the one condition the character
after no and of the illness is such a surrender that
that is taking into consideration person
availability of the pow um unable to attend and so the
and of the fiscal no and of course the non-attendance is accessible
number of medical certificate okay so the medical
people certificate
okay let's go to the next slide addresses the second part okay that the
postponements at the naputayo now appearance and so it's excusable peru
so postponements now are generally will happen first condition hindi punish
prohibited the presence of that particular council
and presumption is is indispensable okay
postponement is always intended for so you may say i'm even
delay just pointing out know that this is the
that's now our presumption so you have requirement of the rule
to justify to us and we largely ignore it in people
why we should grant your postponement okay so so please take this into
and you can only justify it consideration
under three rounds the first is force henceforth okay now the next slide only
major the next is out of god refers to the postponement fee
and the third one is duly substantiated and the official receipt that we will do
physical inability of the witness to to you when you ask for a postponement
appear no
and testify no but i will qualify this um
again after their motion purposeful meant if
so there is some impression i i think it's an allowable
not is my opinion uh ground huh otherwise as i said
but i think we should include the prohibited
physical inability of the council we will not act on it and
also not so we have to be reasonable okay all right now um effect of
postponement without in the presentation sorry the lawyers asked to argue cases
of the scheduled witness will proceed no when they cannot serve their defendants
in the absence of that party because his because they cannot find them so mali
absence is inexcusable pusa circular nothing on archiving seven
and that party will be deemed to have and
waved his participation e-92 you can only archive
particular date whether to cross examine for non-service of someone's if number
or to object to one
certain questions on uh additional the diff it is without any fault on the
direct etc etc okay part of the plaintiff and second
and then postponements do not affect the six months must have been um or must
trial schedule i already mentioned that have lapsed from the date that the
to you okay summons was
now let's go to suspension of actions issued no service by publication
okay because the whereabouts of your
the suspension of actions will be defendant are unknown okay at the rule
governed by the civil code 14
and other laws not under the under the section 16 now used to be eastern 14
civil code 1997 rules
um you have article 20 30 complaintive
2030 which refers to settlements or we use this in that context right okay
compromise no okay now let's go to the hearing days
but i'd rather discuss with you supreme and calendar calls
court circular number no of course there are some changes
seven a 92 circular seven because of the ecq
a92 this is the circular of the supreme and the mecq and the gcq okay
court on archiving of cases so next week june 1 gc nepotis a
no in particular in civil cases the national capital region
supreme court good luck to everyone and i wish
allows archiving okay only everyone
number one if there is settlement will be safe and will remain well okay
between the parties and we put it in table form so that you
but the period to archive is a fixed can easily refer to it can we go to the
90-day period next slide
okay so automatic after the lapse of 90 the table okay so it shows side by side
days our
the case must be included again in the supreme court's issue one says on uh
active calendar of the court okay well for ecq the enhanced community
second is when there is an interlocutory quarantine areas
incident in a higher court the general community quarantine areas
and the higher court has issued a and for the modified and
temporary restraining order or a writ of enhanced community quarantine areas
preliminary as a ncr in one starting one no so a
injunction no so that we are aware of rule
that is carried in the revision we have said gcq is physically open
now but skeleton staff to assist the judge
now the third one is when the defendant rules at gcq no but please
okay without although we say physically open we are
fault on the part of the plaintiff could discouraging you from
not be served going to court for follow-ups or
with some months within six months from verifications or
the issuance of the top ones now filings if you can do them
when i was a trial judge every time i do electronically please do them
my semester electronically
inventory if you can call us just use our hotlines
person to person face to face contact of of course in ecq everything was
course suspended except for urgent matters um
we will just observe the proper physical like habeas corpus petitions and par
distance in here okay repetitions
and then we are open monday to friday about video conference hearings and the
nine a.m to three p.m kaduna pusil
but for the court of appeals at least i uh microsoft teams i think three six
can tell you we are open regular hours five points
from application so now our courts at least
8 00 to 4 30 p.m okay next slide please the pilot courts were able to do
what about the filing of pleadings anupo hearings on
well please remember that you have if all on all cases no it's my
you have deadlines not for filing of understanding civil and criminal
pleadings or other documents with the maybe the stations are not yet
courts electronically equipped or there there
if the deadlines fall within the period is no connectivity
of the ecq and in allah
the n80 gu automatic still our priority is everyone's safety
extensions 30 days 30 days depending on urgent matter maybe we can set it at a
the number of times time
that your place or your judicial region when we can already be safer okay
has been placed under those okay and then hearing through video
foreign rules conferencing is the next slide that
if the judge or the justice has any work concerns the pdl's
do uh criminal cases
calling do on any of those periods with the gcq we are extending it all
okay but can you continue to tell matters even civil matters all right
papers with the horse yet you can okay we'll show the slide on the
continue to do so microsoft team's application
but as i already mentioned we are what the courts are using now no so we
encouraging electronic filing have tried this in the court of appeals
if feasible if not please we will also this is how we do our raffle now
observe the proper physical distancing okay now let's go to reception of
okay evidence
and please protect yourselves do not go of course the judge has to be the one to
out without a mask receive evidence okay the only exception
okay now let's go to the next slide on there
the raffle of cases is uh if we allow expert presentation of
starting with the mecq now evidence no so that may be delegated to
transitioning to the gcq maruna putain the
regular rafale bad slur but the branch clerk has to be
no but the raffle please um a member of the bar so a lawyer so hindi
do not worry about us we are doing our puede export the presentation before
raffle non-lawyers so
via video conferencing or electronically reception of evidence okay and then next
so minimum uh minimum now let's go to our flow chart again we
to face interaction amen no and then are already
uh what about court actions as a red at the offer of this part no okay the
dimension they are extended no next slide oral offer of evidence
unless of course that urgent action is okay so um under the revision of the
required on certain matters rules and evidence
then hindi napo not in this extended all offers of evidence must now be done
periods orally
okay next next slide please now what no if it's the offer of the um
about hearings no testimony you have to do it before the
witness commences his testimony lang povion
now because of the judicial affidavit it's not an offer of judicial affidavits
rule you know that you have to state the and then we have testimonies by a video
purposes for the testimony conference
before the witness commences the no uh well this is just pursuant to the
identification of the judicial affidavit circulars on video conferencing hearings
and i advise i advise those who attend by the office of the heart administrator
my mcle sessions okay and then
on jar i advise them to already include we go back to our offer of exhibits just
the offer of testimony in their judicial as a reminder to everyone
affidavit under rule 132 section 34 that no
i think it's more practical it's faster evidence which has not been offered
also which has not been formally offered will
offered a testimony our stenographers be considered by the court
are usually hit up not to get and that is our rule again remember the
each and every word that you that you fact that you identified authenticated
that use that you state no so and marched
better if the offer of testimony is exhibit does not equate to offer of
already in the judicial affidavit not evidence
only that why is it like that we are giving you
for better us review also by your the discretion
adversary no you may have identified it your
so that the proper objections can also witness may have identified it you may
be made no have
so isabel then adding offer of testimony marked it already but in the end when
in our judicial affairs okay you're assessing
and then uh if it's object evidence you think i should not offer this
including documents then you make anymore then it's still subject to your
your objection or you make your offer control
actions will be made or you have okay unless and until you formally offer
completed your evidence presentation all it to us
right then hindi putnam is considered okay
um let's go to the next slide of course you know that there are
i've already discussed that the offer of exceptions to this very very very sick
judicial affidavits of course putin
just to remind you under the judicial okay now when do we no okay so here i
affidavit rule have for you the rationale now for the
you can object to either the offer of oral offerings
the testimony or the no it's because you know because of the
questions themselves no and the answers delay that is occasioned by
in the judicial affidavit you know by waiting for the formal offer
and if the report is that you're written offer and then the
objection justified written objections etc and there is
then the court can make out those really no
portions which are objectionable no so there is really no practical reason
important for putting it in writing no why do i
okay so say this because
identify and authenticate their judicial the cow cells are present during the
affidavit trial
adverse party non-chance to object no when these evidence are presented
both to the offer of testimony and also they've seen it
to the questions and the answers in the and they know the purposes for which
judicial affidavit okay for all the these exhibits are offered
reasons allowed the judge is also there when all this
under the rules on evidence okay so you presentation of evidence happens
because this is required by our rules no i fall back on our chart there is an
and evidence and because we want to oral ruling by the court uh
respect after immediately there is an oral offer
the autonomy of the parties to choose and an oral objection
which evidence they want to offer okay and that is found in section 8 of
so just tell us our judicial affidavit rule
last day of presentation of evidence okay now let's go to the striking out of
will be for either party the answers to
on that last day they questions okay um
but this is my practical restaurant okay reasons when you can move this right
to the lawyers okay when you are going the first will be if the adverse party
to do your oral offer was not given
make your own list already in writing a chance to to fully state not the
give a copy to your adversary give a ground for the objection
copy to the report give a copy to the or um for example the answer is not
stenographer responsive
parallel on the same page okay witness testifies on a question which is
so that is just that is just an advice uh
but i think which is not
it's a practical way of doing this or for example the witness that's a
okay and then when do you raise your narration when a narration is not called
objections to the order for
offer raise it also no there and um for other grounds no so again
right there and then also grounds nothing for striking out an
judicial affidavit answer but of course we are also aware
let's say you have 10 exhibits if i'm and i hope uh you i think new little's
the plaintiff i already offer new lawyers will
exhibits a to j no and then not expect the horse to really strike
objections you adversarico to my out something from our records
exhibits a to j so when we strike out hindi put a letter
demon casey that is a strikeout
a of oral objection exhibit a oral we put that out in the record it's in
okay so that is what is in the judicial the tsn or in the actual record of the
affidavit rule and i think it is a court
very practical way to go about this as that the court granted the motion to
an advisory power judges strike out and this is for the reason
right okay and then the next slide is that we are
just a quote from the judicial affidavit serving the entirety of the record for
rule i already um review
discuss that with you then when do you later on by a high record whether on
make objections to documentary and peel or via
object other uh modes no okay and then we go to
evidence under the judicial activity tender
a continuing objection excluded evidence we
continuing objection also it's enough excluded evidence if any of your
for you to register that continuing evidence uh have been uh excluded by the
objection only once form no you can still
do not have to keep on standing up uh enter it for purposes of review by a
while this uh line of questioning is report
being provided adversary okay by uh offering it and attaching it to
and then ruling one of electrons given the record
paul as i mentioned okay indeed
although i think categorically uh the plaintiff has completed the
relations are rules and evidence on an presentation of its evidence
oral ruling the defendant wants to divert the
evidence under rule 33 not wait for the court to order you to
okay so after the plaintiff has oppose okay
completed a presentation of and the third the court within in days
his or her evidence defendant who for from receipt of the opposition or lapse
this missile on the ground of the period to file the opposition
that upon the facts and the law the the court must resolve the motion okay
plaintiff has shown no right unless the court decides to
to relieve no so it upon the murder hold a discretionary hearing in which
evidence this is always by motion case the court will issue the notice of
so i'm gonna file an emotion and of hearing
course to the parties okay okay now let's go to
this is a litigious motion okay the flow chart again
so let's go to the next slide again just to remind and show everyone that
caveat the order denying the dimmer now we are
evidence will not be subject to appeal at the judgment phase okay
and depend on okay we are at the last stage okay so
okay sorry we are removing this the period to render the decision
interlocutory relief we will follow the constitutional
hangar in your is go proceed to trial provisions now on the next slide you see
and then judgment on the marriage and it
then on appeal uh the periods allotted by the court for
you can assign it as an error all right resolving
and then what's the rationale for the uh or not resolving but deciding okay so
murder evidence it's there for you clarify even the rule now i saw
but in plain and simple terms it saves they said when it is submitted for
everybody time and expense resolution
discharged i don't know how this escaped me or if
because the evidence presented by the if there was a change and i
plaintiff do not amount to a did not see it anymore but this should
preponderance have been from submission of the case
then we can file the murder evidence so for decision no i'm referring to rule 30
that we can end litigation section 1 of the case for resolution
at an earlier stage okay so the next those are for interlocutory incidents no
slide also is so somali puyan that there should be
quote from radio wealth that is a submission the case for decision
continuation anyway you know that they've been
and then okay so that's just resolution and a decision or not
uh that is the old rules no in but what's the difference between a
circularity decision and a judgment because you may
in case of brave abuse of discretion but say
because of our new rules just sing is using decision and judgment
okay so next slide shows you the step interchangeably
not okay they are one and the same but i
because when you file a motion to the always want to use the word decision as
murder evidence under rule 33 the title of my work
it is a litigious motion so you must okay but i also often refer to it
follow the steps no as ring judgment no rendering judgment
first personal service or a credit then rendering a description issuing a
or service through an accredited courier decision or drafting a decision
or registered okay stylistic okay what are the form
mail or electronic means so you need and contents of a judgment
proof of service second well they're the same okay so
the opposing party must file an it has to be um personally and directly
opposition within five calendar days prepared by the judge
from receipt of your motion automatic do stating fairly and distinctly fast and
the law is there a co-ownership that exists and
has to be signed by him filed with the then the second is the actual partition
clerk of court no so proper so
in support of appeals um it is a you import separate judgments yuan so
judgment once we the third minimum
uh and will be promulgated once we hand part that's a separate judgment
it over to our dcc our party from that second half still
our division clerk of court no so pending
it would supreme court satan about no in the original court no impu
stating distinctly the facts and the law separate judgements okay now let's go to
no entry of judgments and final orders
so a decision a memorandum decision okay if there is no appeal or motion for
next we have judgment for against one or new trial or reconsideration
more parties within the time provided by the rules
judgment may be given for against one or for final order will be entered in the
more of several plaintiffs book
and or of several defendants of entries of judgments
when when justice so demands support may of entry of judgements
require the parties on each side but we all have this we're all required
to file adversary pleadings etc to maintain one okay
multiple party styles now the date of the finality of the
or multiple defendants no so uh you can judgment or final order will be
um well the judgment can be deemed to be the date of entry in the
for the plaintiff for all the plaintiffs book of judgements
for only for one plaintiff etc every time i do our orientation of new
etc okay let's go to the next one judges
several judgments i remind them hindi punin
in an action against several defendants there is a reason for why we want you to
a court may when a several judgment is physically enter it
proper in our book of judgments and that is a
under judgment against one or more of safeguard
them leaving the action to proceed no that only the branch clerk can do
against others that there will be no other and
genuine issues then we should proceed to no other individual wishes intent who
trial as far as those defendants are can
concerned okay enter a judgment in that book it is a
and then separate judgments when more very safe
than one claim for relief duty on the part of the branch clerk
is presented in an action the court at okay and then of course
any stage a reminder to all our judges who may be
may uh render a separate judgment listening today
disposing of such for the party the winning party to come
claims to court to ask for a certificate of
like for example expropriation finality
proceedings spun up and no do not wait for a party to ask for it
although that's not uh an ordinary civil okay
action no so um this is the end of our second
so meru bush and the party first is the module
determination of the right to and uh i think now we will go back to
expropriate not the existence of that the dean
right the exercise of that power for our questions thank you very much
the second is the just compensated okay so dean marisol
it was a partition first is the we are now ready for the questions
determination of who are the heirs who well i'm not sure but maybe i should
should participate in the partition no just go ahead
uh i have with me questions asked from expressly stated that the authorization
yesterday's session of the via
so i'll go ahead and read them and then to act on behalf of a party for
give you the answers okay verification and certification of
so that means that it's not the flow non-foreign
program that you want okay i shopping should be attached to the
just don't want us to waste time so the pleading does this abandon the rule that
first question asked certain officers
is in the new rules meaning the revised need not that authority in order to make
rules all the documents the verification and certification of
we submitted to the court have to be the non-forum shopping
originals valid for example the president yes my
okay and will the case be dismissed if answer is a definite
the originals are not submitted resounding yes no expression of the will
the answer is no no they do not have to of the supreme court inheritance so
be the originals subsequent to that jurisprudence initial
even the judicial affidavit rule allowed not into revisions we deem this to be
you to attach the supreme court's rule latest rule on
photocopies and specifically now with the matter all right
our rule next um rule 14 section 3 states that
on pre-trial in rule 18 where someone's is to be served outside
if you remember earlier you are required the judicial region of the court
to bring the originals during the where the case is spending the plaintiff
pre-trial shall be authorized to cause service of
and you will do the comparisons there so some
okay number two is including your email odds no this doesn't still need to be
in the signature page equivalent to assisted by the sheriff in this case
consent if it's outside the judiciary um
your email address or do you need outside the judicial region
another consent form in order to serve but you know one practical solution to
parties this if you want to be safe
just to be very clear about it no you uh if you want to be safe or to er on
can the side of prudence
you can uh have a statement incorporated is to have a coordination
in an order to be issued by the court with the ex-official sheriff in that
now for example you say judicial region
that the defendant's counsel and the so that can still be done no but if you
plaintiffs council have both consented do not do that
to be served by electronic means or via no safeguard no under rule 14 section 21
email if the one who serves the summons is the
okay next question under rule section plaintiff or the plaintiff's
six representative without the assistance of
what is meant by authenticated copy no the sheriff
that refers no that person who served it who is not
to the copy of the document an officer of the court
together with the apostil certificate it's required to file a return of
emanating service which might under
from the department of foreign affairs oh no so
meaning authenticated copy number four it will be under oath
in what instances may report false return okay i think i skipped
lack of subject matter jurisdiction number six
and prescription otherwise you raise the question is are there any accredited
your affirmative defense in your answer courier services as of now my
number five understanding is that the office of the
next question under the neurals it is court administrator is still drafting
the guidelines explain to you the reason why no
a little more time and i'm sure they all similarly situated hindi pula had
will come up with the guidelines soon may access
okay next question number eight res say internet indi
ammons do you know of any example of an okay and then number 12 there have been
international convention for the service periods for judges
of someone's and just to resolve interlocutory
no uh i know uh that there is the incidents but these are not being
hague services on um where service of followed
both judicial and traditional documents thus causing delay how is this perennial
in civil and commercial matters problem addressed
uh have been agreed upon not through a in the 2019 rules okay
centralized or which is authorized to um
receive on behalf of a party state plead for you to give numbers of the
the problem the only problem bench
as far as i is no but we have already so let's try and be a little patient
expressed the intent of with them
to this convention number nine with the they are not being followed as a rule
new requirement the judicial affidavit indeed
should be attached to the complaint okay
how can one file a complaint if most new rules
witnesses are abroad and the original going your own benefit in the end okay
intention thank you
was to take their testimony by written and then not now let's go to number 13
into interrogatories under the most provisions expressly
you can still take them by written inter state that an order of the court are not
interrogatories sub of appeal or circularity okay
under rule 24 however can such or be subject
so you will already perpetuate their of a motion for reconsideration thank
testimonies you
even before you file your petition para if you will note on rule fiction five on
when you file your petition or your the teddy just
complaint except in those instances where the rule
then the next one is number 10 is the clearly
list of court email addresses released prohibits it guy upon judgment
by the supreme court for purposes now you will also cross refer this to
of electronic filing already under the section 12 prohibited motion
amended rules paragraph b you have motion for
or is it just for purposes of e-hearings reconsideration
during the community quarantine now let's go to number 14. since the
we were all forced by the circumstances provision on unsigned pleading was
we were all forced by the pandemic to deleted
resort to electronic means to continue what now is the effect of an unsigned
our work pleading under the amendments
so i'm supreme court negligent in 1997 it has no legal effect
no but there is no reason for us to that is a procedural or technical defect
discontinue this no a result
especially with the revisions under the in advertising
rules no so now the only little if that is what
not now more than ever happens is for the judge to cause the
can the court require both parties to party to
file in a multi-venue complaint no example
and serve by email or is is it purely the properties in
voluntary on the party jurisdictions involving the same parties
the parties have to consent and i which
takes prior jurisdiction over all the no
others well it will always be uh you leave
the court which first takes cognizance a copy in the presence of and
of the case within the view of that chief security
the court which first takes action okay officer
that is assuming and then you put in your return that you
all the courts huh have jurisdiction tender it because security
over that subject matter and they are is present but used to receive it from
also all you
in the proper venue okay now number 16 okay and then in number 18 the
eto uh when i was reading the questions amendments require the traditional
earlier no affidavits of witnesses be attached to
uh nato complaint
under section 3 of rule 10 it is to what extent that does this limit the
provided that plaintiff's
an amendment by the lord shall be ability to avail of modes of disc
refused if it appears that the motion discovery in
ended for delay or to plan for in particular non-party depositions no
jurisdiction uh i already mentioned
or when the pleading stated no cause of utility non-modes of discovery
action at the outset no our modes of discovery okay and then
so you remember we discussed that of course uh if you will remember
yesterday don't pusating rule 7 section 6 on the
however if amendment is an amendment as contents of a judicial affidavit
a matter of right under section 2 of those who do not have judicial
rule 10 affidavits cannot testify during trial
may the party still amend his pleading for meritorious reasons the court
to confer jurisdiction okay and then the next question
or to state a question number 19 for through email
and the answer is this are we still required to send a paper
yes okay as a matter of fact copy to the court under section 16
at that point okay in fact any change d but wouldn't that defeat the
you do electronic
the court is bound to admit because it's so you are using electronic means to
only file
amendment by notice and the court only your filing more that is why we are
confirms that you amended requiring you
the court can do no other action no so to print it out and to attach an
puedi papo affidavit of the ones ending
that is my view specifically the rule it and electronic means
clears section three there's only but we need to prove your filing those
the amendments by leave of court you are two different things okay
long for unaffected and then number 20 should the
by these three limitations okay enumeration under the significance of
now let's go to number 17. in case of council
substituted service of someone's signature be written on the pleading
if a security guard of a country like what's being done in attestations
if you receive the someone's what can in judicial affidavits
the ship do no need okay no need
okay security guard no and it is a certificate of those things
a substituted service in a gated but you do not need to state it that is
subdivision it has to be the chief understood
security officer okay in the security that is already in the rule and that is
guard no deemed read
and then what you can do is to tender it into your signature okay
lawyer will now be deemed a certain of i think the sufficient safeguard
all these things enumerated in the rule okay next number four mail service
okay should the bleeding be in word or
next for a party who wants format distinction
to file a complaint with the pro tro as long as it is received and it is
especially a 72-hour tro the requirement repeatable
to attach the number 25 for pleading served through
judicial affidavits and peace evidence registered mail or career
to the complaint as the affidavit of service required to
would be hard to comply with and would be attached already
result in to the same pleading that is being filed
shouldn't the rule provide an exception in court
a or is the affidavit of service necessary
you can also submit um only
you you were already required to submit if receipt is being questioned no
judicial affidavits even for i adding
interlocutory incidents like an when proof of service is required then
application for a troll you need your
supreme court hindi mandated proof of service and the
if it's really that urgent then the affidavit of service
person is a mandate of serving most all
asking for this relief should be our uh modes of service okay
to support their claimed relief and then um the next question is 25
uh we all need to do this sometimes for no 26 post in a
we pull all nighters no so uh hostilization of invention can the
remedy justifiable certification require
will allow meritorious reasons to submit from the ace regional offices
the other affidavits no i have to say
uh justifying you support uh and then the next one is number 27 what
if not attached to your leading no as i is the acceptable
already mentioned earlier okay proof of consent of the other party to
next number 22 in anticipation of allow resort to email
e-filing and does the revised rules require the
are digital signatures on pleadings now subsequent submission
allowed to the court of proof of filing of the
no uh not in other electronic means no email to the first question i already
actually starting rules and electronic answered that no it will be
evidence marina putin provision best if there is uh something in the
and we will catch up to this okay but record whether it's a written
definitely manifestation of the party
yes on electronics okay 23 or a an of the court which uh
how will the court solve situations which records the consent given by the
where there may be a frequent change of parties to to be served by email
email now the other the other question do you
addresses since this may have been need proof of filing by email of course
affected filing all right and then number 28
by this observation mail are there any is it to state that friday is now
existing sanctions exclusively
related to the votes for hearings of litigious emotions and
it's enough enough of a safeguard no if need
you do not notify the court of your to include in the motion while dominated
change in email address the time and date of hearing
then our service on your email address notice of hearing no that's one big
record will still revision
bind you and will be valid service no so under emotions you are no longer
required to see but try to my case my case
motions for hearing for the simple spending already at the time the
reason but now effectivity
courtney determine if there should be etc etc okay and then the last question
a discretionary hearing on a litigious is
motion number 31 in service of someone's
otherwise to stress okay if there is a outside of the court's jurisdiction
litigious motion there is no more correlation with the
filed then automatic within five days court in the jurisdiction of the
the other party must file an defendant
opposition okay automatic upon receipt no uh i think
of the opposition or lapse of the outside the judicial region no if the
five-day period to oppose plaintiff
the court must resolve the motion perro writes no more coordination with the
the court has a choice to the litigious sheriff but
motion for you can see no and presumptive
a summary hearing the discipline regulation
the court will be the one to issue the with the ex-official sheriff in that
notice of him okay so please other judicial region
promotions all you need is the proof of but as i said you are protected because
service okay the anti-force will file a return
now um number 29 will our courts be which is required verified or under oath
sending a reply to acknowledge receipt okay so that's the last of the questions
of pleadings filed electronically that was sent to me yesterday thank you
just to be certain of a successful very much
filing
court should do that no and if they do
it
then proof of filing divide if the court
issues an acknowledgement
then if not will be ha the filing will
have to be proven in
that i discussed with you in the method
to discuss you the affidavit of the
person sending the electronic model
a printed copy of the electronic mail uh
pleading all right will the 2019
rules apply to comp files before its
implementation
for this one remains unserved up to this
okay
so rule 144 on the effectivity of the
new rules or the revisions says that it
applies or it will apply the ribs father
will apply to all cases filed from may
1 20 20 yards but
they will also be applied to pending
incidents
on two conditions application will be
feasible
in description of the dodge and it will
not
place any parties so this will now
depend on the judges okay so
um no lawyers will want to know