Category Archives: Litigation

Extension of Time to file Pleadings: Summary/Discussion of the 2019 Amendments to the 1997 Rules of Civil Procedure

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The old 1997 Rules simply states that upon motion and on such terms as may be just, the court may extend the time to plead, without specifying the extended period. This has been revised under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. [See also Extension of deadlines for 30 days, counted from 1 June 2020, by reason of GCQ/MECQ]

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When to File Responsive Pleadings: Summary/Discussion of the 2019 Amendments to the 1997 Rules of Civil Procedure

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Responsive pleadings must be filed within the period prescribed under the Rules; otherwise, the party may be declared in default . The Supreme Court has repeatedly reminded party litigants and their counsel to abide by – rather than flaunt – procedural rules for these rules illumine the path of the law and rationalize the pursuit of justice.

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Parts and Contents of Pleadings: Summary/Discussion re 2019 Amendments to the 1997 Rules of Civil Procedure

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A pleading must contain: (a) a caption, setting forth the name of the court, the title of the action, and the docket number if assigned; and (b) the body, setting forth the designation of the pleading, the allegations of the party’s claims or defenses, the relief prayed for, and the date of the pleading. The rules governing the parts and contents of pleadings, including the amendments introduced in 2019, are discussed below.

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Rules on Motions: Summary/Discussion on the 2019 Amendments to the Rules of Civil Procedure

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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 on the filing of a motion for leave for hearing on affirmative defenses. 

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Court Hearings Suspended until 30 April 2020, All Deadlines Extended 30 Days from 1 May 2020

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[All court hearings throughout the Philippines, except urgent matters, are suspended until the end of the extended Enhanced Community Quarantine (ECQ), or until 30 April 2020. Court deadlines falling on or before 30 April 2020, are extended until 31 May 2020. Note, however, that the ECQ has been extended until 15 May 2020. Here is the full text of SC Administrative Circular No. 34-2020.]

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Marital Rape in the Philippines

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The issue of consent, or the lack of it, is essential in rape cases. In marriage, sexual community is a mutual right and obligation between husband and wife. Sexual intercourse is theoretically consensual, obligatory even, between husband and wife. Copulation is presumed between cohabiting husband and wife unless the contrary is proved. This is the argument of the accused in People vs. Jumawan (G.R. No. 187495, 21 April 2014). The extensive discussion on marital rape in this case warrants a near-verbatim reproduction of the Supreme Court’s decision. 

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

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[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. However, note the extended suspension of court hearings until 30 April 2020, which may further be revised considering the ECQ extension until May 15. Here is the full text of Circular 31-2020.]

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Declaration of Default: Summary/Discussion on 2019 Amendments to 1997 Rules of Civil Procedure

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If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his or her pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court. 

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Rules on Trial: Summary/Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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This is a summary/discussion of Rule 30 (“Trial”) under the  2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. The most significant addition under the 2019 Amendments pertains to the specific time frames for the entire trial, as well as the presentation of evidence of each party. [The summary/discussion of other Rules may be tracked through the Menu.]

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