Web Lecture Series - Ateneo Law Alumni Association

Introduction

• Host: Dean Marisol 2000
• Organization: Ateneo Law Alumni Association (ALA) - Board of Trustees, Philippine Association of Law Schools (PALS)
• Purpose: Serve students, alumni, school, and community by sharing the latest in the law

Welcoming Remarks

• President of ALAI: ALAI strives to serve the community by relying on the expertise and generosity of alumni like Court of Appeals Justice Philomena Singh, Dean Marisol, and others.
• Topic: Step-by-Step Guide on the Application of the 2019 Amendments of the Rules of Civil Procedure.

Lecture: Step-by-Step Litigation in the New Rules of Civil Procedure

• Lecturer: Justice Maria Philomena Singh, Court of Appeals, member of the Supreme Court Subcommittee on the Revision of the 1997 Rules of Civil Procedure
• Title: Step-by-Step Litigation in the New Rules of Civil Procedure

Module 1: Pleadings, Motions, Service

• Outline:
  • Initiatory Pleadings
  • Summons
  • Responsive Pleadings
  • Interlocutory Matters

Initiatory Pleadings

• Topics Covered:
  • Cause of Action
  • Subject Matter Jurisdiction
  • Venue
  • Parts and Contents
  • Filing and Service
• Cause of Action:
  • Requires plaintiff's legal right, defendant's obligation, and violation of that right
  • Test: Hypothetically admit factual allegations
• Joinder of Causes of Action:
  • Conditions: Joiner of parties must comply
  • Example: Series of loans
• Jurisdiction and Venue:
  • Determined by allegations in complaint
  • Venue is procedural; geographic location of filing
• Parts and Contents:
  • Shift from ultimate facts to evidentiary matters
  • Required:** Names and summaries of testimonies, judicial affidavits, and object evidence
• Verification and Non-Forum Shopping Certificate:
  • Penalties for false certification or non-compliance
  • Verification must be attached with the authority of the affine

Summons

• Topics Covered:
  • Jurisdiction Over Persons
  • Modes of Service
  • Return and Proof of Service
• Jurisdiction Over Defendant: Acquired through service of summons
• Contents of Summons:
  • Summons must be issued within five days of receipt of the complaint
  • Proper service methods: Personal, substituted, by publication, by email
• Modes of Service: Personal service preferred, substituted service rules clarified (three attempts, 18 years old, reception at defendants’ residence or office)

Responsive Pleadings

• Topics Covered:
  • Bill of Particulars
  • Answer
  • Reply and Rejoinder
  • Filing and Service
  • Default
• Answer: Must state both negative and affirmative defenses
  • Affirmative Defenses: Must be resolved within 30 days, some can lead to summary hearings
  • Prohibited Motions: No motion to dismiss, reconsideration, or extension without valid reasons
• Reply and Rejoinder: Specific conditions under which they are allowed (e.g., actionable document attached)
• Periods to File Answer: 30 days from service of summons, with a possibility of one 30-day extension

Interlocutory Matters and Special Dismissals

• Prohibited Motions: Specific list provided (e.g., second motion for extension)
• Litigious vs. Non-Litigious Motions: Defined and treated differently; non-litigious must be resolved within 5 days
• Special Dismissals:
  • Rule 17: Plaintiff's voluntary dismissal before the answer is filed, the second dismissal is with prejudice
  • Dismissal due to plaintiff’s fault

Conclusion

• Next Module: Pre-Trial, Trial, Judgment, and Execution (Module 2 discussed the following day)
• Q&A: Postponed due to time constraints, will address questions at the next session.