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

Leave a reply | Related posts at the end of article

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.

Continue reading →

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

Leave a reply | Related posts at the end of article

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. 

Continue reading →

Obligation to Give Support Remains until Marriage is Nullified or Declared Void

Leave a reply | Related posts at the end of article

Can a spouse ask for support from the other spouse even if they have been separated for years? The short answer is “yes.” The obligation to give support, as an incident of marriage, is expressly provided by law. Article 68 of the Family Code provides that the husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

Continue reading →

Posting of Bail during the Enhanced Community Quarantine (ECQ) Period

Leave a reply | Related posts at the end of article

Courts are physically closed until 30 April 2020, but may still act on urgent matters through electronic means. The Office of the Court administrator issued OCA Circular No. 89-2020, pursuant to the directive of the Supreme Court (Administrative Circular No. 33-2020) to “ensure the proper implementation of (the said) Administrative Circular”. The Guidelines  are only temporary and “shall be in effect only during this duration of public health emergency”. 

Continue reading →

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

Leave a reply | Related posts at the end of article

[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.]

Continue reading →

Residence: Guidelines to Validate Compliance with Jurisdictional Requirement (Annulment, Declaration of Nullity, Legal Separation)

Leave a reply | Related posts at the end of article

Venue, or in which city or province the petition must be filed, is one of the matters covered in the relevant procedures for legal separation or annulment/declaration of nullity. The venue in these petitions is the place of residence of either the petitioner (spouse who filed the petition) or respondent (the other spouse), at the option of the petitioner. The Supreme Court has issued a set stricter guidelines when it comes to venue. 

Continue reading →

Steps/Procedure in Legal Separation Cases

Leave a reply | Related posts at the end of article

When filing a petition for legal separation, the petitioner-spouse must consider a number of factors. One, there must be a ground for legal separation (see Grounds for Legal Separation), which is different from the grounds for annulment or declaration of nullity (see Grounds for Annulment and Grounds for Declaration of Nullity). Two, legal separation does not result to the dissolution of marriage, which means that none of the spouses can remarry even if the petition is granted. Three, the procedure for legal separation is different from that of annulment or declaration of nullity (see Procedure for Annulment or Declaration of Nullity), but the duration and costs are comparably the same. The procedure for legal separation, based on A.M. No. 02-11-11-SC dated 4 March 2003, is discussed below.

Continue reading →

COVID-19 Lockdown: Fortuitous Event or Force Majeure Exemption from Obligations

1 Reply | Related posts at the end of article

The entire Luzon has been placed under enhanced community quarantine (ECQ), also called a lockdown, by the President. On 8 March 2020, the President issued Proclamation No. 922, declaring a State of Public Health Emergency throughout the Philippines due to the Corona Virus Disease 2019 (Covid-19). A lockdown was declared on 14 March 2020 over the National Capital Region (NCR), expanded to the entire Luzon effective 17 March 2020. The ECQ has been extended to 30 April 2020; further extended to May 15 in high-risk areas. Local Government Units (LGUs) throughout the Philippines also declared a lockdown in their respective territorial jurisdictions.

Continue reading →