Category Archives: Litigation

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

Revised Rule on Children in Conflict with the Law

Administrative Matter No. 02-1-18-SC

REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW

Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law.

A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old.

This Rule shall not apply to a person who at the time of the initial contact as defined in Sec. 4(q) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on criminal procedure shall apply without prejudice to the rights granted under Secs. 53, 54, 55 and 56 of this Rule. Continue reading

Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC; full text)

Note: In A.M. No. 08-8-7-SC dated 9 September 2008, the Supreme Court en banc approved “The Rule of Procedure for Small Claims Cases,” scheduled to take effect on 1 October 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspapers of general circulation. Read the Basic Q&A on the Rule of Procedure for Small Claims Cases. Here’s the full text of the “The Rule of Procedure for Small Claims Cases.”

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