Category Archives: Litigation

Suspension of Court Hearings Throughout the Philippines (Supreme Court Administrative Circular No. 31-2020; full text)

[On 16 March 2020, the Supreme Court issued Administrative Circular No. 31-2020, providing measures to address the rising cases of Covid-19 infections in the Philippines. The Circular directs the suspension of court hearings (from 16 March 2020 until 15 April 2020) and extension of deadlines (30 days, counted from 16 April 2020), among other matters. Here is the full text of Circular 31-2020.]

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Execution of Settlement Agreement under the Katarungang Pambarangay

The Local Government Code of 1991 (Republic Act No. 7160, Sections 399-422) provides for the creation of the Lupong Tagapamayapa in each barangay. The Lupon Chairperson is tasked to mediate between the parties in a complaint. In case the mediation effort fails, the matter will be referred to the Pangkat ng Tagapagkasundo. Continue reading

What is a Motion to Declare Defendant in Default?

There are concepts in law, litigation in particular, that are considered basic for lawyers, but confusing for the layperson. A general query we received highlighted the need to discuss these basic concepts, consistent with the purpose of this Forum to help in the Court’s effort to educate the public on the law, considering that ignorance of the law excuses no one. Continue reading

Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)

[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity.] Continue reading

Face-to-Face Trial, Training Video (Rule 22 and Rule 24 of the Proposed Revised Rules of Civil Procedure)

In preparation for the pilot test of Rules 22 and 24 of the proposed Revised Rules of Civil Procedure, the Supreme Court, in coordination with the Philippine Judicial Academy (PHILJA), The Asia Foundation, USAID and the Integrated Bar of the Philippines (IBP), conducted pre-pilot seminar workshops in various parts of the country. Part of the seminar-workshop is a video for the face-to-face trial under the proposed rules. The video, entitled “A Pound of Flesh“, is definitely a helpful learning aid considering the “paradigm shift” in the proposed rules. Continue reading

Rule 22 and Rule 24 of the Proposed Revised Rules of Civil Procedure (full text)

[See also: Face-to-Face Trial, Training Video]

Office of the Chief Justice
Supreme Court
Manila

FROM THE DESK OF:

ATTY. MA. LOURDES E.B. OLIVEROS
Chief Justice Staff Head
Office of Chief Justice Maria Lourdes P. A. Sereno

11 August 2014

ATTY. ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
En Banc

Dear Atty. Vidal:

Pursuant to the 18 March 2014 Resolution of the Court en banc in A.M. No. 14- 03-02-SC and the Memorandum of the Office of the Court Administrator dated 5 August 2014 providing a list of courts to pilot test Rules 22 and 24 of the proposed Revised Rules of Civil Procedure, we request for the “[p]ublication of Rules 22 and 24 of the proposed Revised Rules of Civil Procedure in a newspaper of general circulation at least 6 months before the start of their actual piloting in the selected stations,” as attached. Continue reading

Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

Republic of the Philippines
Supreme Court
Manila

A.M. No. 11-9-4-SC

EFFICIENT USE OF PAPER RULE

Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000 liters of water are used, water that is no longer reusable because it is laden with chemicals and is just released to the environment to poison our rivers and seas; Continue reading

Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

[A.M. No. 12-8-8-SC, 4 September 2012]

JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Continue reading