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(180)-calendar day period may be extended to ten (10) months or three hundred (300) calendar days if there is a third (fourth, etc.)-party claim, counterclaim or cross-claim. Judgment shall be rendered within ninety (90) calendar days from the submission of the case for resolution, with or without memoranda.
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230 philippine legal doctrines (as of 2020) as compiled by atty. alvin t. claridades professor, pup college of law and university of asia and the pacific institute of law bar reviewer, vlc bar review center (for the benefit of bar examination reviewees, law students, professors and practitioners) doctrine of absolute privilege.
- Alvin Claridades
Meaning of words.— The words "inferior courts" include both "justice of the peace courts" and "municipal courts." Sec. 2. The complaint.— The complaint shall state the name and residence of the plaintiff and those of the defendant, the substance of the claim made, the grounds of action, the relief sought, and the date when the claim arose ...
- New rule on originals of documents. The Revised Rules allow the presentation of a "duplicate" of an original, and such duplicate is deemed admissible as an original unless (a) a genuine question is raised as to the authenticity of the original, or (b) in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original.
- A party must be ready to submit evidence upon filing of the Complaint or Answer. The Revised Rules require a Complaint and an Answer (or any other pleading containing a party's claims and defenses) to already contain or append the (a) names of the witnesses, (b) a summary of their intended testimonies, (c) judicial affidavits of the witnesses, and (d) the documentary and object evidence in support of a party's allegations.
- Counsel's signature. Under the present rules, signature of counsel constitutes a certificate by him/her that he/she has read the pleading and that to the best of his knowledge, information and belief, there is good ground to support it and it is not interposed for delay.
- New ways to serve summons on a defendant. Under the present rules, summons are generally served on defendants by the court's sheriffs. Under the Revised Rules, a party, who is a complainant, may be authorized by the court to serve summons.
- Why This Affects You
- Applicability
- 10 Notable Changes Introduced by The Revised Rules
The Revised Rules introduce substantial changes to the litigation process, and will have a significant effect on how companies approach, avoid or prepare for, litigations.
The Revised Rules will apply to newly-filed cases (i.e. filed after 1 May 2020). It will also apply to those already pending as of the effectivity date, except to the extent that in the opinion of the court, application of the Revised Rules would not be feasible or would work injustice. In such case, the old rules will be applied.
1. New rule on originals of documents The Revised Rules allow the presentation of a "duplicate" of an original, and such duplicate is deemed admissible as an original unless (a) a genuine question is raised as to the authenticity of the original, or (b) in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original...
A motion is defined as an application for relief other than by a pleading. There are a number of important revisions in the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), including the removal of the 3-day notice rule, the discretionary nature of hearings for litigious motions, and the prohibition […]
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This document lists 230 Philippine legal doctrines compiled by Atty. Alvin T. Claridades. It provides brief definitions and examples of several key doctrines, including: the doctrine of absolute privilege which protects statements made in legislative assemblies or judicial proceedings from defamation claims; the doctrine of adherence of jurisdiction which holds that a court retains ...
