Transcript for:
Step-by-Step Guide on the 2019 Amendments of the Rules of Civil Procedure

hello good afternoon to all of our viewers here at the facebook page of the ateneo la alumni association i am dean marisol 2000 and i am a member of the board of trustees of the ateneo law alumni association i am currently the president of the philippine association of law schools welcome to the web lecture series project of the ala'i this is one of the projects being undertaken by the association to serve our students our alumni our school and our community through these lectures we will be bringing to your screens and into your individual locations the latest in the law and now to learn a little bit more about the alai may i introduce to you with president alumni association is continuously striving to serve the community despite the circumstances we rely on the expertise talent and generosity of our alumni like court of appeals justice philomena singh dean marisol and aeneas the email santa maria the members of the board of trustees headed by our chairman teddy cruz to do so successfully i am certain that today's step-by-step guide on the application of the 2019 amendments of the rules of civil procedure will be quite enlightening we do hope you will continue to join us again in all our future activities thank you and back to you being mad thank you president nana i hope everyone will bear with us there may be some disruptions due to connectivity issues but if that happens just please stay on the page until we go back on air also we are allotting time after the lecturer for questions the justice will be answering the questions that you can post at any time during the lecture at the comment section under this live lecture video and with that we will start with our web lecture series our first speaker for today our first lecturer is no stranger to the ateneo she is an alumnus of the ateneo law school and a member of its faculty she is currently an associate justice of the court of appeals and she is a member of the supreme court subcommittee on the revision of the 1997 rules of civil procedure and so welcome our first lecturer justice maria philomena who will be delivering the lecture today entitled step-by-step litigation in the new rules of civil procedure so we'll be starting with module one that will be uh regarding pleadings motion and um service of the meeting so um without further ado may i turn over the floor to the main event to our lecture for today justice monetsing good afternoon everyone i'd like to thank dean marisol and anias the president of the pals the philippine association of law schools for her introduction and of course president nena philomena rosales my name segna for uh well for coming up with this uh with this idea of me delivering a sharing session i don't want to call it a lecture it's a sharing session on how we can practice the revisions in the rules on civil procedure in our uh well in our practice and also for the judges who are listening to us today in the way that they handle their civil cases okay so we'll proceed directly into the first slide by the way i'm going to be assisted today by attorney la la rosales a very very good friend of mine and i take pride in having a hard party a harvard law grant with doing my uh assisting me my slides no okay so we'll go to the first slide which is uh of ordinary civil actions by the way this is a two module uh this is a two module webinar the first module today will take up rules 1 to 17 of the rules on civil procedure and then tomorrow we'll do 18 until judgments now but um please do not expect me to focus on the on a comparison of the 1997 rules and the amended provisions uh that you're going to do today rather i was i was really very excited when nana asked me to come up with a new perspective of presenting the revisions i said then i think it will be more productive and useful for our listeners if we can present to them the process flow so what we're going to do today is follow the process of a civil case from the start meaning the filing up to its um conclusion which is which may be judgment no so this first slide will show you the incidents that um will bring us to the conclusion of a civil case no and it starts with the initiatory pleadings and then you have the summons and then you have responsive pleadings and then you have interlocutory matters which is followed by pre-trial trial judgment and execution okay let's go to the next slide please lala on the next slide you will see that i divided our discussions today into four no first will be the initiatory pleadings and then you have the someones and then you have the responsive pleadings and then you have the interlocutory matters which will cover motions and special dismissals now under initiatory pleadings of we will discuss the cost of action subject matter jurisdiction venue parts and contents and filing service no and under under someone see we will discuss addiction over persons the modes of service and then the return and proof of service under responsive pleadings we will discuss bill of particulars the answer the reply and rejoinder filing and service and default and under interlocutor interlocutory matters as i already mentioned we'll discuss motions and special dismissals let's go to the next slide please okay so okay this i'm very excited load chart because flowchart i tried to put all those uh all those incidents those step-by-step incidents in one flow chart no but of course you may say that this is too simplistic and that is true because that is the very purpose for the revelations this year in our rules and civil procedure we wanted to streamline trial no um year after year in the um ease of doing business uh survey conducted by the world bank the philippines always rates very poorly we are always at the bottom no and the reason for this is because even a simple sum of money case no a contract a breach of contract case involving a involving some of money takes from three to five years in our trial courts no but uh you you cannot and should not blame this on the on the trial courts alone no uh a good deal of the delays in our litigation have to do with the rules that we have i actually call them archaic rules and so finally with the new revisions we are able to streamline our litigation process and able to take out a lot of the interlocutory incidents that cost delay now i am very excited about this because these are the practices that a lot of our judges have been uh implementing the record for a while and which i also practice in my course for the years that i was a trial judge but uh now there have been institutionalized i know that there is a great um well that there is a worthiness on the part of our practitioners no and our litigants as to these changes and um many are also saying that it's going to entail a lot of work no but uh that is not true we are just moving up the work that you do in an ordinary litigation to the outs instead of doing it piecemeal as the try your cases or prosecutor cases we are now pushing everything up to the front and then when you do the rest of the litigation it's easier for everyone not just the judges but also for the litigants okay so in this flowchart you will see no you will see that we start with uh we start with a filing of the initiatory pleading you see it there and then you have missile under rule 9.1 no these are for them these are for the causes that are not waived that's like lack of jurisdiction over the subject matter um litispendence arrest judicata and prescription okay and then you have there yes or no yes at the bottom if there is a dismissal then that's the end nobody could be to the arrow which has no no no dismissal meaning that this metal is denied it's not allowed no then we issue some and then there is service of some then at the bottom is service is okay if it's not okay may it may result a dismissal for failure to acquire jurisdiction over the person of the defendant and then that will be the end of the case as well no or it can be a yes meaning there was proper service and soldiers declared over the person of the defendant and then we proceed to the next step which is file a return um officer of the court whose sermon spells learn and then the answer is filed no if the answer is filed yes then you go to next arrow you can either file a motion for summary judgment or a motion for judgment on the pleadings if the circumstances warrant otherwise you file your answer but if there is no answer filed you go up that's under uh and and that that will now fall under the provisions and default now you move for the declaration of the defending party in default no if the motion is granted an order default is issued then you cross all the way down no and we go to the presentation of evidence for the plaintiff not there on in trial no however if there is no declaration of default no you have to issue or the court issues a pre-trial notice and sets free trial then you go to the you go to the stage there of pre-trial where you see pre-trial and then you have court annex mediation and then you have judicial dispute resolution you will see that court alex mediation and judicial dispute resolution are in bro uh are surrounded or or captured in broken line because these two stages may not be necessary if there is a settlement already at the pre-trial before the judge no all right and then at the bottom you see the box they're successful if yes then you render judgment the court renders judgment the settlement of the party will be the end of the the end of the litigation but if not we go again to the to the box on trial not to the stages under trial so trial after plaintiff's percentage of evidence there can be a demure to evidence no on the part of the defendant this is not granted then we proceed to trial with the defendant evidence but if this is granted then again we skip the presentation of evidence for the defendant and we go to render judgment and then that's the end of the civil litigation no this is just a depiction of the steps or the process flow of a civil case you know that there are other incidents that may come into that may come into the different phases that i have uh that i have shown here but please remember this is your basic process flow okay and the reason why i thought of doing this is because the major revisions in the rules and civil procedure focus on fixing timelines for each of these major stages and the reason behind that is that the chief just just has come to the conclusion which is actually a no which is actually correct that it has been very hard to gauge the efficiency and effectiveness of our uh cortices without timelines no because true enough the judges or the the courts may render the judgments within the appearance agreed in the consequence but if they take all they may have rendered the decision within 30 days if somebody or nine days regular but if they took five years or so to hear the case then that is actually self-defeating no and so and so that is the reason why we thought of putting timelines and really and really compartmentalizing each of these phases so now with this process flow with this flow chart we can see how the work is going to be done at any given point in the litigation you know where you are this is the other challenge that we seek to address by making it so simple and plain as this no of course in real life it's not going to be so simple especially with lawyers and judges involved no but what i mean is for laymen no that's one of the greatest disservice that we that we are all guilty of mutually guilty of no most of the litigants do not understand what's happening in their case it's largely dependent on what the lawyers tell them and also on what they hear from the judge but you know even even when i was a judge i could not explain step by step to all my litigants no and so with this very clear process flow hopefully everybody will know at which stage in the process they are and they will be able to the necessary questions and concerns if not with the horton at least with their lawyers right let's go to the next slide please lala okay so now i'm saying the flow of ordinary civil actions okay okay so um and we're starting with attorney pleading ready here okay so as i already mentioned we're going to discuss this matter under initiator pleading it's the cause of action the first question you ask is do you have a cause of action okay and we not only ask this for reason uh well for ethical reasons because uh our oath our attorneys owe us okay not to pursue any any uh merit less cost no and so but we are doing this for a very very pro practical and logical reason no you can only pursue a case and win it if you have a valid cause of action right and then so the next thing is do you have subject matter jurisdiction which court has the subject matter jurisdiction over your cause of action you may answer yes to the first question you have a cause of action but then if you do not break to the proper or that has strict matter jurisdiction your positive action be thrown out of okay and then the third venue okay so we we have a cause of action we know which court has subject matter jurisdiction over it but at which venue should your cost of action be filed let's just say it's a sum of money case okay and let's say it exceeds well let's say exceeds four hundred thousand pesos and we know that that's the regional trial court no under bp129 section 19 the regional trial court has subject matter jurisdiction over that particular cause of action but which regional trial court we have i think over a thousand regional trial courts now all over the country that is talking about venue okay so venue is about the geographic column or the place where you file your cost of action okay and then the next one is parts and contents what must your initiative or contain how must your cost of action be elected discuss this here note please that now uh with the revision we don't only have parts of a pleading no we also have contents now and it dictates to you what you should allege in your pleading failing in which your pleading may be susceptible to dismissal for failure to state a house of action all right and then the last one here under initiator is filing and service how do you file your initiatory pleading and how do you serve your initial reading those are two different actions let's go to this slide please lala okay ordinary civil actions what is an ordinary civil action remember that uh the rules and civil procedure do not apply only to ordinaries but also but also to special civil actions all right so a civil action on the screen you will see is the definition rule 1.3 okay it is um one which is pursued for the enforcement or protection of her right or the redress or prevention of a wrong no and the requirement is there under rule two section one know that every ordinary civil action must be based on the cause of action and we all know that action has three elements not the plaintiff's legal right the defendant's correlative obligation to respect the plaintiff's uh legal right and then the third of course is the most important the defendant's after a mission which violates the plan right and then the next we'll just show you a quote not to test determine the existence of a cause of action from the heirs of marama case not a 2009 case no of course we also know that um the test is applied by hypothetically admitting all the factual allegations in the complaint no uh of course we only admit the factual allegations we do not admit conclusions of law and we do not admit allegations that are legally impossible or those that are inadmissible in evidence as enumerated in the case of marama the screen there will be some slides where i have jurisprudence for you just as a review which i will not discuss in detail okay we will just go through them very quickly okay we'll go to the next slide now again the cause of action what is the test no okay so um we have to call rule 8.1 which is a new plan um which is which actually embodies our shift on a radical ship from ultimate facts to evidence now not when we get to rule 8.1 i'll show that to you and then rule 7.6 is um the intents of a pleading and initiatory pleading in particular which requires not just the summary of his testimonies but also the judicial affidavits including the object evidence again we'll get to that later on right okay let's get the next slide please okay so now a prohibition just as a review there is a prohibition your causes of action no so the this is our mechanism against multiple suits and also against well possible conflicting decisions okay so the rule is first of all that every every action must plead one and the second rule or the the one that goes at the corollary rule is that you can translate a cause of action okay um because it will now become your your causes of action which lit will be susceptible to this land of litispendence or res judicata okay on the next slide we discuss jointer of causes of action under rule 2.5 we are told that we may assert in the alternative or otherwise as many causes of action as may as we may have against the opposing party no there are just conditions that you must comply comply with of course um you have to apply with the rules regarding the jointer of parties okay and the jointer shall also not include special civil actions or actions which are governed by special rules no okay and then multiple courses of action involving the same parties the authority subject matter jurisdiction and the venue is properly laid with the same court okay so the court must have subject matter jurisdiction and the venue must also be proper for the court to take ons of the causes of action that are joined no and lastly if all the causes of action are principally for recovery of money then we have the we have the totality rule no okay and then the next slide will just give you a an again another quote regarding uh the purpose for the gender of causes of action i already mentioned them to you uh as against uh as a mechanism against multiplicity of suits the next uh slide of parties um shows you the rule under rule 3.6 no so all persons in home or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist whether jointly severally or in the alternative may be joined as plaintiffs in one complaint or as defendants in one complaint they have common questions of factor law uh which arise in the course of action no so of course you also uh misjoined her of parties or non-joint and even joined their parties result dismissal of the case it's not a ground for this missile okay let's go to the totality rule which is on the next slide i already mentioned okay so uh best example we can give here is a series of loans no between the same debtor and creditor so the total must be the subject matter jurisdiction of the court right and then then slide okay that's rule 8.2 a party made for two or more statements of a claim or defense alternatively or hypothetically either in one cause of action or defense or in separate causes of action or defenses when two or more statements are made in the alternative no if one would be sufficient feeding will not be rendered insufficient by the insufficiency of one of the other alternative statements okay so when i was still a practitioner i practiced law also for 10 years before i joined the bench uh i would i would have this not in my pleadings no i'd have a first cause of action and have a second cause of action no and and um there they may not always be in sync no there may be alternative causes one example we can give is perhaps the the main cause of action is for breach of a contract now so you can ask for your first conception may be for different performance no of uh let's say it's the payment uh that was not good with okay uh you are asking by way of your first cause of action for the payment on that contract but in the alternative no as an alternative cause of action you may ask said for the return of the property if that is allowed under the suing under no uh if payment of the balance can no longer be no so that is an example your alternative cost or your multiple causation right and then we have uh the next slide on this generative action again to stress like mr join of parties it is not a ground for dismissal of the action rather the court may order the other cause of actions have been pursued separately all right okay and then um the next slide was you another quote okay regarding this jointer of causes of action okay now let's go to pleading your causation how our causes are athleted in court and then um we are ready now to do 6.1 where it states that pleadings are statements of the respective claims and defenses of the parties and the claims 30 okay are supposed to be asserted in a complaint a counter claim a cross claim etc it may be a fourth party complaint and a complaint in intervention the next slide shows you the definition of a complaint no under 6.3 it is the bleach alleges the plaintiffs or aiming parts of action okay the only uh is to add the phrase claiming parties not because we're not limited to a plaintiff you have also a counter claim month no and you can have a cross claim or a party complete uh third party they are all actually plaintiffs but we just thought of making it more clear so we use the phrase claiming party all right and then from jurisprudence there you have the utility or purposes for the e-commerce to inform the defense clearly and definitely of the claims against him so that he may prepare to beat the the issues at trial and that the defendant of all material facts which the plaintiff relies up to support the claim and last is to state the theory of a cause of action okay which forms the plaintiff's claim okay and then let's go to the counter claim of course as we all know countries claim that a defendant has again plaintiff okay and we also know that it can either a compulsory or a permission counter claim now in the recently uh concluded bar examination um this is one of the questions i asked in remedial law not the difference between a compulsory and a permissive counter claim and sadly a lot of the examinees were unfamiliar with the distinctions and so i thought of uh just eating some jurisprudence here for everybody's uh review of the difference between a compulsory and a permissive counter claim and you will see that in the succeeding slide okay and of course our rule is there you have the relationship test which is the most common commonly used test no and of course the rule is that the compulsory counter claim which is not raised is barred already now let's go to the cross claim okay you may just claim who may raise across claims claim is raised by one party against a whole party you may have you may have you may have co-defendants more than one defendant so it's a claim by one defendant the other defendant okay so it must arise out of the transaction occurrence which is the subject mean sub subject matter either of the original action or or of their claim okay on the next slide you have the thirty or fourth party complaint okay and um note here okay that it is done or admitted only with leave of court no and um of course this will go through the process you will see later on in our litigious months uh how the court will act on a third party or a fourth party complaint okay uh the the most classic uh example give here abrogation in the case of insurance claims no where the insurer pays for the um claim and gets secreted and steps into the shoes no of the insured okay and um let's go to the next slide okay so now this is a new provision okay a third-party complaint or a fourth party complaint etc shall be denied admission now under three circumstances the first is when the third or fourth party complaint cannot com defendant to the third party or fourth party complaint can be located within 30 calendar days from the grant of not to file the third party or fourth party complaint that's the first exception okay so this one is not a ground for the disallowance because in this particular instance the um the third party or fourth party plate was already uh allowed or admitted by the court and someone had already issued okay but uh someone could not be served within 30 days from the time that the court allowed the uh filing of the third party complaint and it is an exception because we don't want a necessary delay to the main case okay if the original parties the original plaintiff and defendant are already before the court we don't a third party or fourth party defendant who cannot be located to cause any undue delay to the main case right exception is when matters exchanges to the issue in the principal case okay so an example of an exchanges matter maybe um a versus sum of money now b third party convinced c no because um b says that uh uh the sum of money that uh he a he actually led to okay and so he see uh b seeks to bring in c as a third party defendant no so of course between a and that is a matter which is totally extraneous no that may cause the court to deny our owns of a third party complaint will cause a true delay to the conclusion of the main case all right okay and then the last um exception is that the effect would be to do separate controversy action okay so um in the same example a versus b sum of and so it's a counterclaim against a but b wants to file a third plate against c who was uh who's not an original party because b says that i have a claim uh for a share in property which a and c co-owns is a totally extreme matter and is best litigated in a separate controversy right okay so now let's go to jerusalem that's the next slide and when we speak of jurisdiction talking about subject matter jurisdiction okay and that refers to the power of court to uh here try and decide the case okay and then how do we determine jurisdiction of course no the jurisdiction is determined by the allegation complaint no and we are we are confined to the four corners of the leading uh determining subject matter jurisdiction we also know okay the jurisdiction is confirmed by the law it is not subject to the will of the parties parties cannot regarding jurisdiction the court okay it cannot also be diminished in any manner or added to and neither can the acquire sense of the court no uh allow for addition or diminution confirmment of jurisdiction on any court okay and it is also not subject to compromise now in criminal case it's very common no um during free trial there are recipients it's very common that we hear no counsel stating your honor we stipulate on the jurisdiction of the court but that's a criminal case it's different in cases our jurisdiction is territorial uh we know that it is tied to venue okay so where the for the crime or the uh after a mission takes place the place also which will be said with very interaction over the subject of the offense no that's why it is not uncommon for um criminal cases no in criminal cases for of course to allow stipulations regarding subject matter jurisdiction at least only to territory okay and the next determination of jurisdiction as already mentioned no it is confirmed by statute twitter's at the time of the commencement of the action okay and the next slide speaks of new but as i already mentioned to you earlier you take this in relation to the jurisdiction now first you determine which court has jurisdiction over the subject matter and then you ask yourself so uh courts no about the rtc's or among the first level courts with uh in what place nor or what digital should i file my case now so that's talking about the place of trial as i mentioned the geographical location it is plainly procedural and it's not jurisdictional okay and then the next slide will just give you again a a quote from jurisprudence now that uh motor property dismissal on the on the basis of improper venue is incorrect but daily irregular procedure cases in summary procedure you can dismiss a single action without any motion for any of the grounds available for the dismissal of case under rule 16 section one okay that's only in the in the rule and summary procedure and then on the next slab venue in real action okay we know that any actions affecting title ii or possession of real property or interest they're in the venue the court which has a jurisdiction over the place for the real property or any portion their office located no and then the next slide is just rule point 4.2 okay venue of personal actions not personal actions meaning all other actions those not involving real property or title or interest they're in now venue is the plaintiff's residence no or any of the plaintiffs or benny of the defendant or any of the defendants and this is always at the choice of the plaintiff no in the case of a non-resident defendant where he may be found that's an alternative venue right and then what is the definition of residence here we're just talking about actual residence physical presence now we're not talking about donald uh and laws okay so only actual residence now going to venue of actions against non-residents on the next slide lala okay so for dave to um uh look back um first refer to the distinctions between actions and adren and because um if the action involves status the person or property of the defendant is located in the philippines or or any of the rest in that property or his title to our interest in that property then it is an action or quasi in rem so the subject matter there the rest no that's what we need to have jurisdiction over no and um if service is still required on the party then it is only for due process reasons okay and then next we have stipulations and venue under rule for parties are allowed to stipulate now regarding an exclusive venue but you know from juris students the language that you must employ no in this venue stipulations must be directly exclusive in her no and if there is any room doubt that the stipulation on venue is merely a deal and not really exclusive in character then the court will always interpret it to be non-exclusive right and then the next slide also shows another quote regarding stipulations and venue for just for your own reference your own time now now let's go to the parts and contents of a pleading okay so i want to show you on this slide here uh a picture okay we took a picture of the first page of the an initiation uh under rule 65 with this supreme so there you have the cap of course everybody knows what the captions supposed to look like um we uh lawyers still vary in the way they style this even in the cause of action or the uh the nature i should say of their their um of their pleading but uh of course just as a reminder again it's not going to be controlling on us now the allegations will always control it's not going to be the designation and then of course just if it's an ordinary appeal no uh let's not include the uh court of origin in the title okay and then um of course in the circularity the the public is always the court that issued the challenge or the entity or issue the challenge order uh or resolution okay so that's just a sample of um your caption we go to the next slide you will see also just a part we took a picture of the first page now a part of the body of that petition which should set forth you know the allegations of your claims or defenses including the relief or prayer as well as the date of the pleading okay and then now let's go to the next slide this one of the major changes in uh rules and civil procedure as i mentioned earlier we have embarked on a radical shift from purely ultimate facts to evidentiary matters all right so now we require your pleading to contain following matters okay number one is a witnesses okay so we're asking for names you may say but we still the name of the witness as of now no we see a very very few instances when this will be when this will happen because now requiring you to submit the judicial affidavits of your witnesses okay together with your initiatory pleading so the only instance when uh when you will not know the name of your witness is if you are trying to uh get testimony from let's say from a particular office no but um as of the moment you're unable to to get a judicial affidavit because that particular um position is uh has been vacated let's see that the former occupant of the position uh uh who will be able to render pertinent testimony in support of your client's clients has been vacated so that has uh posed a serious problem securing the judicial affidavit as well as the name of the witness no so in those inaudible accept just the name or just the i mean the name of the position okay or the designation if you still don't have the name of the intended witness okay and then the second one is the summary of the witnesses intended testimony so we are requiring you now no to state in your initiatory pleading the summary of witnesses testimonies okay so that is different from attaching the judicial affidavits which follows as provided the judicial affidavits shall be attached to the pleading and form an integral part thereof so why require statement no of the order of the part of the uh witnesses testimonies if there will be this provision that the judicial affidavits are to be attached and formality right now so as i already mentioned earlier now we have we found which we call failure state the cost of action and when when uh that speed with us we are limited the allegations played we cannot look beyond the complaint to the attached documents including affidavits and so you have to state the summary of your witnesses intended testimonies here okay so that we may make the courts make the necessary uh uh lucian in case they are faced with this particular affirmative defense okay and so that's not the only reason you also have what we call judgment pleadings okay and uh the motion for summary judgment but of course the motion for some summary allows you to rely on absent but uh the judgment on the pleadings again no on the basis of the party's pleadings alone and so this is the reason why you still need the summary of your witnesses and the testimonies okay and then the third documentary and object evidence in support of the allegations contained in the way so does this mean just writing to the documents yes for example you have an allegation uh parties entered into um the party is entered into a renewal of contract let's say okay uh and that is your allegation you will be attaching of course the renewal of contract but you refer to it ready in your allegation you just uh maybe footnote it or bracket it as your exhibit so and so okay you do not state the entire contents in your leading not just the reference is enough and uh anything that will make it convenient for the court to easily find it when the court is looking at that particular action right okay now alternative cause of action we already discussed it earlier on no uh recall to join the jointer of causes of action okay and then let's go to the next judgment um there's just an additional statement that when we're pleading adjustment or this uh that is uh but the last statement there an authenticated copy of the judgment organization shall be attached to the pleading we are now referring to the apostle convention okay that is the way for authenticate documents originating from foreign jurisdictions now it is easier streamlined way no longer have to we were have to go through the process of consularization that we um that we did before which was tedious and expensive and uh actually caused a lot of delay no but now all you need to do is go to the department of foreign affairs where you will get that steel uh certificate no and uh that will take the place of the consularization and on the screen you will see the um the difference now between um the apostille certifications opposed to the uh authentication in our uh be in the 97 rules of major the steps that we had to go through before but now all you need to do is get that certification uh the apostille certificate and you just need to attach it to that document and it will say okay okay by the way still convention became effective in our jurisdiction on may 14 19 so it's been a year already since its effectivity right okay now let's go to feedings completing conditions proceeding so in any pleading a general agreement of the performance or occurrence of conditions precedent will suffice examples would be administrative remedies and resources and failure of earth efforts between members and family as required under the family code okay and then next we have bleeding capacity to sue authority to sue and the legal existence these are just carried over from um from the 1997 rules now but uh i have it here because these are part of the pleadings or your allegations in your pleadings that you need to um that you need to take off actually if you go through the slides which you can you can get uh later on after the module is completed uh ally we'll will upload the powerpoint also this will act as a checklist when you're preparing a pleading okay go to the next slide please pleading fraud mistake condition of the mind okay on the one hand brother mistake it's required to be stated with particularity and i cross referred you to the substantive provisions in the civil code regarding allegations of fraud and mistake okay and then on the other hand you have malice intent knowledge or other condition of the mind which may be a relief okay very obviously and then we go to actionable documents what are elements actionable documents or written documents or instruments upon which an action or defense is based no and you know that if an actual document is pleaded then a specific denial is required of us okay and failure to specifically deny an actionable document will result in an admission of that actionable document okay and so um so be very uh be very careful in your assessment of what are actionable documents and what are not actionable documents okay very plainly an actionable document is defined as a document on which an action or defense is based okay um i have here a quote but uh i i'd rather also to the case of duarte versus um there was a sale of of a laptop no it and it did not that the cost was i think less than 50 000 pesos anyway so it was an oral contract between friends and uh there were installment payments made but then for the last installment um the uh the buyer we have to pay anymore and said that um the laptop was actually only worth the amount that he had already paid so he refused to pay the last installment okay and so because uh they could not you know come to terms uh amicably the seller brought a case against the buyer turn off balance of the of the price so it was a case his cost of action was founded on a contract of sale the oral contract of sale okay now in the course of their exchange of pleadings the um the seller also attached no an acknowledgement receipt of the installments he offered this as proof that there was actually uh there were actually payments to installments but then the installment payments were insufficient agreed purchase price so that was his purpose for introducing that acknowledgement receipt okay so became an issue because um [Music] the seller was claiming that the acknowledgement receipt was an actionable document which the buyer failed to specifically deny under oath and for which reason the contention of the seller was that uh that should that um it was deemed uh admitted not admitted for all purposes by the bar and should result in a judgment in his face or not the seller did win but the seller won not on the basis of that acknowledgement receipt being able document rather the supreme court said the the uh seller keller's course of action was founded on the oral contract of scale it was oral of course did not militate against its existence it was perfected upon the meeting of the minds of the buyer and the seller right and so now the issue is management receipt and its use in the action was not for the purpose of uh that was not for the purpose of founding or basing the the claim on that particular receipt no it was just an incidental evidence no it was not the source of the cause of action because the source of the cost of action is the contract of sale so in that particular the supreme court said that the receipt okay the acknowledgement was not an actionable document so i bring that up with you because i have to caution you know that you have to understand that only documents or written instruments uh which form the basis of an actionary defense that will become this absolutely it will not be humans that you attach to your init initiatory plea okay and then let's go to the next slide still parts and contents of a pleading no now we have signature and address now this is very important and i'm very happy with this revision actually this visual regarding the signature and address we the justice report who is also an athenian uh justice abbad uh when we when we proposed revisions the rules and civil procedure back uh i can't remember anymore when i think that was back in 2008 uh la la will no no and yeah this is one of the uh major bills that we wanted no we want lawyers to you know to really uh value know their uh value their signatures and we want the course to be able to put equal value and credit to the signatures of lawyers and now finally it is part of our rules and civil procedures so what does your signature now mean no the signature of counsel is not only a certificate okay that he has spread the pleading to the to the best of his knowledge information and belief and armed after an inquiry reasonable under the circumstances it is a certificate to the following things that he is not pursuing an improv purpose second that the claims are warranted and not privileged third that they have evidentiary support and last that even the denials are warranted and made for delay so these now are the are the certificates or the things that your signature will attest to once you affect your signature to your pleading okay so um in one of my in one of my uh seminars uh there was a question if we cannot ask our client the pleading instead because particular probation and i said no of course not this is the very reason why we have included this provision here no and this is only consistent with our ethical duties under the code of professional responsibility and also under our lawyers oath okay so on the next slide you just have a quote regarding council's negligence and then rules.3 what are the consequences no for violations of this particular rule on the council signature okay so there can be appropriate sanctions imposed by the court violation okay so disciplinary character there can be non-monetary uh or there can also be an order to pay penalty and the most extreme provision is to um issue an order after notice and hearing and uh the the offending counselor begins to explain his side there may be an order issued against the offending council to pay attorney's fees not an expenses of the other party okay all right so the next slide okay just shows you the pertinent provisions of the code of professional responsibility i just want to remind everybody both lawyers and judges alike not that our first duty is not to our client our first duty it's not even to the horse our first duty is to society and that duty is to help in the administration of justice okay let's go to the police okay so there are other pertinent issuances concerning what should be included in accounts signature okay aside from your address you need to also include the role of attorney number okay and then number three you also need to include the um the number and the date of the official receipt of your ibp payment okay so we know this or if you're a lifetime member then you have to indicate your lifetime membership number and then number four you also have to indicate your professional lead number and i believe that the data and then five you also have to include your mandatory continuing legal education certificate alliance or if you are exempt then your certificate of exemption and then lastly you also have to now include your contact details okay specifically with our inclusion of electronic means of filing and service we are now asking you to please include indicate in your pleadings uh in the portion of your signature your email addresses and if you wish still to use your proximity then your proximity numbers okay all right let's go to verification okay so except when otherwise specifically required by law or the rule pleadings did not be under oath or verified yes okay in under the rule and summary procedure all the pleadings are required to be verified you have other instances listed there okay petition for relief from judgment petition for review under rule 42 etc etc we don't need to go through each and every one of them and then the next slide how do you make a verification okay we all know verification and uh the only thing the only thing that we wanted to emphasize here is the one at the bottom that the signature of the affiliate will serve us as to the truthfulness of the others in the pleading that is why we call it a verification the factual allegations okay now we just made some additions there abc for consistency with the certificate that the lawyer will uh be deemed to have made upon placing his signature on a pleading okay and um the addition here is that now we're requiring you to attach the authority of the affirent not the one with verification you need to attach the authority already your initiatory pleading before there are buildings filed with us and there is no authority attached uh what i used to do was to issue an order to submit that authority within 48 hours or 72 hours at the most and so that causes delay okay so now we want you to attach it already so we can see that the affair is authorized all right and then what is the effect of a defective verification no we know that is that that bleeding is treated as an unsigned bleeding but this just a procedural defect it's not jurisdictional we always tell judges if this is the defect let it be cured remedy mission of this pleading no this should not cause unnecessary delay okay next put the certificate of non for topping the prints remain the same the only addition is that now under 7.5 we are requiring so to attach the authority of the person who executes the certificate of room shopping okay and then we go to this list which shows you the quote from the case of nestle right so in the nestle uh the court was very particular about attaching the authority okay let's put to the violations and sanctions just as a reminder for everybody know when we solve the certificate of the rule on non-forum shop there are two things that you must do the first is to file a certificate of non-farm from shopping and one is to uh do do no action that amounts to four photoshopping okay so there are two things okay the filing of the certificate the act of forum shopping itself okay so now we will show you the violations and the sanctions that may be imposed just as a review for all of us now if there's a failure to comply meaning there is no certificate or topping attached to the initiatory pleading the sanction is outright dissal but the dismissal is without prejudice unless otherwise provided okay so we are always told that this is irremediable okay not curable because uh this is a mandatory requirement no for all initiatory pleadings now uh there are certain decisions of the court were exceptions were made no but uh please please those are just very very extraordinary circumstances the general rule and the the rule remains not that a non an absolute non-compliance is incurable okay then the next violation is the submission of a false certification okay but before we go to that there can also be the submission of a defective certification let's say that there are two plaintiffs only one plaintiff since the certificate of non-forum shopping then that's a defective submission because both of them must certify no unless one is the authorized representative of the other but if there's a defective certification that one is cured the prudent and the better recourse for the judges is to allow the parties to cure that defect no and not so that it will not unduly cost delay okay and then now we go to submission of a false certification you submitted a certificate of non-forum shopping but you stated that you are not you are not aware other case involving same parties causes of action but actually you are aware because you're a party in the other case so that results in indirect contempt of court without prejudice to the corresponding administrative and criminal actions it will also result in dismissal of the case okay non-compliance with your undertaking for example you under because we have an undertaking that we will inform the court within five days from discovery no of any other action but you discovered you did not disclose to the court no and the information came to the court otherwise than through you despite your undertaking the same sanctions not dismissal indirect contempt and administrative and criminal actions why criminal because you are making false statements under oath all right and then the last is the willful and deliberate for shopping this is the act of forum shopping itself and the result is summary dismissal with prejudice okay the dismissal here is with prejudice okay correct contempt of court okay not indirect direct as well as administrative sanctions okay and then the subsequent slides just give just uh shows you uh jurisprudence on forum shopping which we will no longer discuss one of them shows you the test of forum shopping of course we know that the test of forum shop is if the elements of litispendencia uh are present okay and then amendments now we go to the rule and amendments they remain the same okay and um have amendment is a matter of right any party before a responsive pleading is served okay may the amending and this is done on the part of the party and there is no need for leave of course if you amendment the court will just confirm the amendment the court does not need to give you permission and then of course we have amendments by birth now uh under the 1997 revision of the rules and civil procedure there was a shift no uh to liberality in the admission or in the allowance of amendments even substantial amendments so that was the trend that followed since the 1997 the rules no but with the latest revisions now the 2020 revisions no we have introduced this limitations before uh under the liberal approach the only limitation was it must not be delayed okay but two other qualifications or conditions uh and these are the amendment must not be an amendment to confer jurisdiction on the horde and the second one is the amendment must not be an amendment but to state the cause of action when there was no cause of action to begin with okay we'll discuss that uh under the next slide okay amendments by leaving of course we not allow amendments for jurisdiction because we know that when the court has no subject matter jurisdiction over the case the only power it has is to dismiss that case no it does not even have the power for that case to a different court no and that's why we always caution our judges if a case is misfiled for example with a regular court when it's a family court okay when it's the drugs court we caution them against merely referring it to that court no or to the executive judge of course other practice nissans also come into play because the filing fees will uh run away with no it will be gone you dismiss it already but please just as a reminder the court always always tells us judges not that if we do not have subject matter restrictions only action is to dismiss okay and then um next effect of amended pleadings okay so this is this is important we know that if an amended pleading is filed and admitted by the court then the original pleading disappears now it disappears so to speak no it's no longer part of the record although it may be there but it is no longer a part of the record that the court will take into consideration in the resolution of the case so what is the effect evidentiary wise no where may be judicial admissions in the original pleading they may no longer be used as judicial admissions because the original pleading is now technically no part of the record okay but they may be offered and admitted as extra judicial admissions okay so man putting utility okay it's not totally a lost cause the next slide uh speaks of supplemental pleadings and there's there's no real change here okay and then the next is the power of the court to make amendments no i just want to remind our judges listening to us today that the court has the power to summarily record errors or clearly cleric cleric arsenal like for example in our initial assessment of the complaint or or the complaint and the answer we see that the name of the party defendant the documents attached is different we could already affect the necessary corrections no that power this particular power under rule 10.4 allows us to do that we should not wait for a motion to to be made not by the parties because for all you know the parties will never make that motion and the title or caption of our case would always be wrong it will always refer to the wrong name or uh of the of the of a party and that will that will have an effect on in our execution stage okay and so as early on as you can exercise power to correct everything no of course the book always is that there must not be prejudice to the parties if you think that either party might be adversely affected yet notify them and then what are their rules and filing and service how do we go to filing a service no rule 30 uh govern filing of pleadings motions and other court submissions and uh service except those where a different mode of service is prescribed let's go to filing in general what is filing it is the act of submitting some to the court or something in writing uh not just pleadings but other court bumpers what are the modes for filing well you have the traditional modes of personnel filing you have registered now we have this very important of the accredited courier now um so many of us uh use lbc and the other uh and the other private couriers but the problem with that is that under jurisprudence it's not the date of mailing or sending through the private courier that will be the date of filing rather it will be the date of actual receipt by the court deba and the reason is all used not because it's not part of the horses so there is no for example regularity in the service are finally done through a four year okay so we thought now eating the couriers here but making them edited couriers what does that mean that the office of the horse traitor has been tasked by the supreme court to come up with a system of accreditation similar to the accreditation of our companies no and once you become an accredited courier then you will be accountable to the court and uh this accountability now will uh be uh partnered by the president regularity that we can now afford to service that without credited careers so from now on if you serve through an accredited courier or you follow through an accredited quarter your date of sending or filing through the four year will the date only so this is very important we all know how how or how registered male is nail mail no and we also all know that how limited the resources of the ports are we cannot do personal service no and then the fourth mode is electronic mail this is very very important um we did the revision uh the committee worked on this last year no we had no idea that this pandemic was going to be upon us in the early year no and so this is really very fortuitous of course we've had our e-course for a while now but you know we cannot we cannot spread that nationwide in one go because of the because of the risk needed for this particular uh automation project but with this no but with this uh we and the public we were all forced not to resort to electronic means not just for filing a service but also for hearings no so this is very very timely okay but please note here now that there are only four modes of filing in general note here that facts or proximity is not included okay and we will we will go to that later on okay on the next slide you have completeness idling when is filing deemed completely okay finally it will be the date and hour or endorsed by the clerk of court registered mail accredited courier as i said as i already mentioned it will be the date of mailing okay and then electronic filing it will be the date the electronic transmission all right let's look at the next slides the next let's speak to you about the the time of mc or filing in the time of kobe no so until mecq is in place that that's until the end of may um we don't know if we're transitioning to gcq but uh they say that that's the likelihood anyway for the first time seq okay um there is still a physical closure court discouraging people from going physically to the courts if you want to follow up if you want to verify anything if you want to find anything we want you to resort to our electronic meets now we want you to use addresses contact for numbers no and uh do everything chronically or by distance okay please do not come to court but that does not mean our courts are closed our open regular uh but uh the electronic filing should be only until three p.m towards time to act on them before the closure of business hours on any particular day now what about the filing files among a but new case it also electronically and what about our deadlines what if our deadlines within the period when we are here in ncu then you have an automatic extension of 30 days in the same way also benefit us if we submit for this one which should have been decided within a day falling within the mecq then we also we are also given an extension all right and then um hearing uh hearings are done through video conferencing but at least i know and what i understand is just for pilot courts what about those non-pilot courts where they not have the microsoft or microsoft teams platform conduct hearings only third places okay well for for health reasons all right and then on the next slide i have for you the official email address uh of our courts starting with the supreme court if you have it just click on those links uh you also have the email addresses and we have the links on the next slide yes there so so you can accord from the supreme court down to our trial court no and um okay so other slides still refer to the same thing not the rules under gcq areas okay you can go through them at leisure and to you the more important parts okay now let's go to the proof of filing okay so what is our proof of filing generally the proof of link is the existing existence in the record of the document or the paper the paper uh or the court bound paper the record and that's profiling however if for example uh your document is in the record and you validate it personally if you prove it you present your copy with a stack received okay what about if it's registered mail then you can present the registry receipt and the affidavit of the person who mailed it the registered mail you have the registry return card then you only need percent that you don't need an affidavit okay and then if it created courier you need an affidavit of service by the person who brought it to the courier okay you don't need an affidavit affidavit from the courier okay please remember that all you need is an affidavit from the person brought it to the order or mailing okay plus the tracking number and the children the courier that's what you need now if it's electronic mail then you need an affidavit electronic filing by the by the party who sent it by electronic mail accompanied by a paper copy okay or a printout okay or it can be a written or a stamped acknowledgement receipt already by the court no and then the last any other electronic means also but an affidavit of electronic filing and a copy all right payment of docket fees okay we all know that it's not just the act of filing uh that will uh that will um commence a civil action but the payment of other required fees and in the absence of this payment the court will not require jurisdiction over your case okay the subsequent slides only uh show you jurisprudence regarding the requirement of payment um we are not reasonable about it if you if there is deficiency in the payment we will give you time if you pay to if you fail to pay but then there is still still time within the regular military period will allow you according to jurisprudence no as long as it's within the prescribed and the only caveat is that there is no intention to delay if the non-payment is caused by an insurance delay or malicious of the the part of the pleader who did not pay then definitely the court will not accept late payment and dismiss the case okay now let's go to service service in general no changes there except to remind you that once council appears for a party service must be done and then if a council appears for more than one party then that council will be entitled to only one copy of the paper that's being served no and that will already serve us all clients if there is one client and there is more then the service will be done on the lead council if there is no lead council designated then service will be done on any councils appearing for that party okay let's go to modes of service okay so most of service the same personal registered mail accredited core electronic mail here we have the important additionally transmissions okay so please remember you cannot throw fast but you can serve through packs okay and then the other addition there is service as provided for national conventions to which the philippines is a party we thought of including that already but in order not to ignore our treaty commitments okay and then the next slide is on personal service how do you do affectional service um the new provision here is this okay personal delivery a party or partners council or to their authorized representative named in the appropriate pleading or motion okay so your your initiator pleading let's say in your complaint you can already state there the service of all uh service of all documents whether originating from the other party or the court may be made through a the authorized representative of of the party you cannot directly do that under decision okay and the others are just a reiteration of what we already have under the 1997 rule now certainly the registered mail also no changes there and then we go to the slide on substance service okay and um this is only in those instances when the residence of the attorney or the client is unknown this is substituted serviced by the team the unser document one clerk of court to get reproof of non-service okay go to service by electronic means or facsimile important as i told you this is a new provision um and uh this is something we badly need no but here therefore is that there must be consent for the parties consent is necessary because we all know practically speak not everyone is a uh even in terms of uh resources so so we have to secure that of all parties to service by electronic means and faculty before we can resort to it okay now let's go to the next slide please the next slide just shows you the format if you're going to sir chronic means or facsimile then these are the things to show on the face of your electronic or tax transmission okay we need a page number case title the pleading order or documental and this is necessary so that we can easily find what case it is that it will not be lost and misfiled all right now the subsequent um subsequent slide shows you how it's done now it's by electronics or email so you have an example there that you can refer to and then the next slide is the rule on the change of email address or facsimile number in the same manner that the change in address noticed or into the adversary then you must also inform the part of any change in email address or flexibility number if you have consented to the service by email or facsimile let at the beginning of the litigation you still do not have an email address okay let's just say um you you do not have connectivity okay but but in the course of the proceeding you were able to have uh internet control not to your office or then you can still avail of this you can still make a manifestation so the court your honor from now on uh service may be paid uh to me email because uh now i have connectivity and then you can give the court your email address and from then on service may be done to you by electronic mail okay all right it failed to for your email address or family number okay you will be bought by the same rule of failure to know the change in address physical address meaning that service at the old email address or proximity number will still be deemed valid service okay the next slide shows you the rule that in certain instances or still require you to resort to confident modes of service okay and in what access are these first initiatory pleading statutory responsive pleadings such as the answer for very obvious reasons okay and then subpoena protection orders and rates no the the risks and processes the compulsory processes of the court require a return equal important consequences that the uh that will happen off from date of receipt and that is we need them to be served by the conventional modes and then appendages and exhibits which are ready no to electronic scanning so may optional party d and then the last are sealed and confidential documents or records okay okay then next you the rule on presumptive service of notice of course setting this is very important this is a very important addition we all know if if you are a litigant and if you are a judge we all know that the great cause of delay or reset is the lack group of services no or our notices of uh hearing dates no whether it's whether it's pre-trial or trial or a hearing on a motion okay the lack of service on the parties no that's a great cause of delay and so um now with this rule now of presumptive search we will deem the party to have been served of a corporate setting if the notice if disappears occurs to have been mailed within 20 calendar days prior to the date of hearing if the address of the party is the same judicial region and if it's and if it's outside the tradition of the court no if the address of the parties outside then 30 calendar days so this is very important now no so this will also um i hope no this will also make us more diligent now in in our case in uh exerting effort uh from the horde uh when our next scheduled uh hearing dates are okay now completeness of so service is deemed complete uh on the following rules if it's personal services then actual delivery or receipt service by ordinary mail the inclusion of the word calendar before there were days in all the previous the rules of court is now it's now i know it's now the rule okay that is one of the revisions we want we just wanted to clarify no uh that calendar days or the when we speak of days we're always speaking about calendars calendar days which means we're including weekends and holidays okay and there is my registered mail actual receipt or after five calendar days from notice of first from first notice of the postmaster okay same with the edited courier natural receipt or upon the expiration of five calendars after the first to deliver okay then service by email or on it means it's complete upon the time of electronic transmission or when available if there is an electronic notification of service all right and then service by facsimile then it is as indicated in the fax transmission print out you know that that small piece of paper all right and then let's go to the next slide we have a cabin in electronic service electronic service is not going to be deemed effective or complete if the part is in the document learns that it did not reach the addressee or person third for example i have an example there no you receive a mail or mailer the mailer demon right uh notice in your inbox not that it did not that it was not received by the recipient and then next next the other example is if you have a full inbox next slide there you go so again another example and then you have an existent or incorrect address so those are just some of this okay and then next we have proof of service uh um then it's the written admission of the party it may be a signature no and then it can also be the official return over or the affidavit of the party serving okay stating that they play placer of service if it's serviced by registered mail then it's the um affidavit of the link party plus the register receipt this is the most common uh mistake of our litigants no they file for example a motion and their proof of service is just a registry receipt that's not proof of service because when you see the registry receipt just a number not that it's not even there sometimes there's no you know so what you need is the affidavit of the person mailing plus the receipt uh a judge asked me uh what will we do if the only attached is the researcher's seats then my answer is there is no proof of services required by the as required by the rules and if there is no proof of service the court is not going to act on that particular motion okay and then um of course if you have the registry return card that's all the proof that you need okay you don't need an affidavit anymore and then activated for your already mentioned and of service also together with the official receipt from the courtroom document number service email service by meli and service by other electronic means then you have the affidavit of service also plus the um the print out no the print out of the uh transmitted document okay now service issued papers now court issued papers may be served personally or registered mail no um basically judgments final orders or resolutions these are even very very important because the these are the documents that will put an end or will uh yes right fin write finish to the to the litigation to the destination and so they must be received parties and that is why we require them to be served either personally or by red but now now this will help us we introduce this revision now you can serve it your expense through an upgraded way and this is important why this is this will also make things um more efficient for the judges we do not uh we don't have to wait months and months on end for the returns to come us of the register to determine the finality of the judgment and issue the certificate of finality we also do not have all that confusion and doubt when there is a motion for issuance of execution already no so this would make more effect and more efficient for us now right now on the next slide we are also given the option to serve our papers electronically okay and it will have the same effect entity not as service through conventional modes but of course as i mentioned if you want to resort to electronic means you have to have the consent of the parties okay now let's go to the next slide now we go to jurisdiction over persons modes of service and return and proof of services how is jurisdiction over the play dependent obtained and then modes of service what are the modes of service of someone's okay we're talking about someone's here because we're talking about jurisdiction and then which modes are you required to observe and then return of services how approved is of someone's okay now jurisdiction over the plaintiff next slide is of course acquired upon the filing of the complaint no and um that is not a problem because the plaintiff voluntarily submits the jurisdiction by bringing his case before the court okay uh the next slide just gives you an i uh well an example all right and then we go to jurisdiction over the defendant jurisdiction over the defendant of course is acquired of someone's okay and um of course there will be a distinction for us in person and actions special in rem and in rem because in jurisdiction actions in persona jurisdiction through the service of samus is mandatory you know because the defendant will not be by the decision of the court or any of its proceedings until summons is properly served but in actions in pers in rem and queenside in rem it this jurisdiction arrested is important and service of someone's undead really it's just for purposes of due process no but the reason is because actions in rem are binding against the whole world okay now let's go to voluntary friends okay this is new and again another important revision okay the defendant's volunteering will be equivalent to service of someone's here we are now changing the rule in the 1987 in the 1997 rules and civil procedure if the defendant files a motion to dismiss and uh questions over his person meaning improper impervious of someone's no but ray says other there is no voluntary appearance there is no waiver of the question regarding jurisdiction over his person but here in the 2020 rules no are now stating that the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the purse of the defendant shall be deemed a voluntary appearance this to me is important because again uh for purposes of delay you know there will be a question as to the propriety of the service of someone's but then uh i should rather be focusing on the other grounds in the motion to dismiss so anyway you are already before the port you have other grounds this is not your only ground focus on the substantive grounds no and i am very happy that this is now the rule okay now let's go to the next slide well we already mentioned the reason why some comments need to be served and then the next now this is important okay so before there was no provision regarding the time when someone's was should be issued by the court no and so during my time what when is litigants will come to court and say what has happened to our complaint uh we filed the complaint one month ago two months ago three months ago how come no summons has been served yet no so no excuses anymore but within five days from receipt of the case we use the word receipt not filing because after filing there is a process still if it's in a multi-salary court there will be a raffle although in our e-course there is electronic raffle but there will be some used up in transmittal of the record to the assigned court so so here we we use the from receipt of the initiatory pleading so five days from receipt of the initiatory pleading party supposed to issue the commons through the through the branch but here as a reminder to our judges the issue ones of the someone's not the issue is that's the branch clerk but the issues once it's a judicial function and you will only direct the issuance of someone's after you have determined that no ground for the outright business case so you have to make that assessment yourself my dear judges okay and we must not delegate that to our branch clerks okay what are these grounds that may cause the outright dismissal of the complaint lack of jurisdiction over the subject matter we have uh restricted catalytic litispendence and of course you have prescription those are the foregrounds that you may use for outright dismissal of the case of course if there is no certificate of non-forum shopping you may also use that as a ground for outright dismissal of the case okay all right next slide please okay so that's just a quote from the case of cafe metal corporation and then what are the contents of a salmon someone wants uh the only new thing there is paragraph b which is actually um a radical change again no here oh the court may authorize upon proper export emotion the plaintiff to serve someone's on the defendant okay so uh this preparation there was a rather longish debate about it uh either with two other judges uh judge joella de la of manila rtc and judge nino and buscado we were insisting that uh it cannot be delegated to a party their experience in small claims has been very very good no where they have authorized the plaintiffs to serve someone because in those many instances when the fandance okay and so he said that it has been rather successful he proposed that we include this here but uh so we ended up with a compromise okay and the compromise is is found in rule 14 uh section three where it states that um summons may be served by the sheriff or other proper court officer and in case of failure of service of summons by them then the court may authorize the plaintiff to serve the someone's together with the sheriff so the sheriff still accompanied the plaintiff in serving to someone so that was our happy compromise okay but then there is another um but then there is another uh qualification to that if the service of someone has had an outside the judicial region of port then the requirement for the rift to accompany the plaintiff no longer applies well again for practical reasons we cannot arrive outside our projection uh without great expense and loss of time no if we can just go back to the slide on 14 point la la please validity of someone's their validity of summons okay just as uh after there you go okay so just as a reminder to our judges no this is a practice that in many many courts other summons is attempted to be served but it is unserved the sheriff will return it to court uh and report that it was answered not personally and then what the court does is to issue an alias so that should not be done because an alias someone should only issue when the original sound has been lost or destroyed those are the only instances when you issue an alias someone's okay so let's stop with the practice of issuing alien summons every time there is a failure of personal service or substituted service okay all right let's now go to um the next slide on just where plaintiff may serve someone's okay so there are three instances uh listed there the first i already mentioned when the service may be done by the uh by the plaintiff uh upon authority of the court of course no but together with the sheriff the second is outside the court's judicial region to be done by the plaintiff and um but note please that there must first be an attempt by the court's process server or sheriff and the attempt must fail and that's the only time when the court may authorize the plaintiff to serve someone's okay and then the third instance there speaks of um when someone's cannot really be served on the defendant because the defendants whereabouts are unknown no and if the defendants were abouts are unknown you now for within rule 14 section uh which was the rule 1413 no when the whereabouts of the defendant are unknown you may serve by publication okay so the relates that if the um summons could not be served under the defendant the plaintiff will be directed by the court to resort to other means under the rules of court to serve someone's and give the plaintiff a time within which to do so and then if the plaintiff fails to do so meaning to resort to the other that would be publication and now the court will have a reason to dismiss the case either for unreasonable failure to prosecute or for failure to abort order no or failure to obey the rules of court under rule 17 okay now let's go to the next slide an authorized representative of the plaintiff that's just for purposes of service of someone's again okay and then next misrepresentation by the plaintiff what about an instance where the uh plaintiff's plain representative or the plaintiff himself was authorized by the horde to serve someone's and then there was a return and in the return the plaintiff claimed that there was valid service of someone the defendant was served someone's in the hobley no and then there was no answer a default judgment was had but then it was discovered there was a false representation by the plaintiff now this now will result in the dismissal of the case with prejudice and the nullification of the proceedings and of course other appropriate sanctions no right okay so this was the reason why we were really opposing this uh we we were arguing that there is no presumption of regularity done by a non-court officer and that is why we thought the compromise if the sheriff was still going along with the plaintiff in service now because at least the the sheriff's uh the presumption that operates in favor of the sheriff's service will still be there then uh the problem comes in when the service is outside the tradition of the court now and the next preference for personal service is still there uh that's just a quote from jurisprudence let's go to the next slide also a quote and then let's now go to the four modes of substituted service okay um well okay so now we made the rule very very specific been so many cases that went all the way up to the supreme court regarding invalid services of someone's or uh invalid substituted service of someone so now we made everything very clear steps are all here okay now you can personal service fails no after at least three attempts on two different dates okay how can you do substituted service first you leave copy at the defendant's residence we know this the only new provision here is now we put the age 18 okay before it was just a person of sufficient age and discretion okay now it's 18 years we just institutionalized what has already been said repeat that injuries prudence second by leaving copies at the defendant's office this is also not new the only new thing here is we added the last line no or one a competent person will include someone constantly receives correspondence for the defendant okay so puede napo young receptionist okay or the secretary okay and then letter c this is entirely new no and this is very important this is because of delay you know the sheriff will go to a gated subdivision they will not be allowed inside they will be allowed up to the gate no of course in this substituted service and then if the defendant resides for example in a condominium no or the office is in a building and so that is why we thought of adding this third provision which states that by copies of the summons if refused entry okay upon making his authority and purpose with any of the officers the home owners association or condominium corporation or its chief security officer in charge of the community or the building or the defendant maybe but and i think that this is a very very good provision okay for those invading service of someone's and then letter d we also added service by electronic mail but only if a lot under certain circumstances okay the next slides just show you the requisites again of a valid substituted service and then the next line what is service within reasonable aim no um in service within reasonable time because we have fixed the period to serve someone's already and then next is a person of switch and discretion we already mentioned in last 18 years and then who is a competent person okay now we change this also it will now include one who customarily receives correspondence uh for the defendant okay now service upon domestic private entity the the domestic corporations okay we know that there's an enumeration okay the president the general manager sec treasurer in-house attorney wherever they may be found okay that's the rule or now we added this or their secretaries okay because if i'm the sheriff i go to the company at the lobby i'm going to be asked who are you here for i will say i'm here for the then i'm here for the general manager i'm here for the treasurer they will not allow a sheriff to go up to the office of the president okay or to beat the president the first thing they'll say is do you have an appointment of course no appointment all right so now we add the word secretaries okay so if they will be allowed to see the secretaries of these uh officers than good but only in the office no they cannot go to the presidents of the secretary and serve it there because but the defeating purpose our purpose in allowing the salt to receive the services because we are assured that by reason of the position or the relationship the summons and plane will necessarily surely be given to the intended party okay then or the person who customarily receives correspondence at that principal office for the reason already given and then if there is a refusal not to receive and or after three attempts not or on two dates then you can now resort to electronic service as allowed by the court all right okay next service by publication or constructive service when do you resort to it first if the defendant uh one with an unknown identity or unknown whereabouts as already if it's a foreign private entity if it's extra territorial service to a defendant who is not found in the philippines in actions in quesadilla in rem and the last one is if you're a resident but you're temporarily out okay and then other modes as i already shown as established in international which we are a signatory and then if the defendant's resid uh identity or whereabouts are unknown and then next foreign okay no change in that rule the next one also if um without arrested agent by doing business here you have several modes you do personal service through the appropriate court designated or you can do publication but if it's publication must be coupled with service at the last address and then it can be by facsimile this is very important or electronic means with prescribed proof of this and then that's not made direct all right and then next is extra territorial service again just a repeat that's for you that's for actions in ram and quasi in ram and the next one is temporarily a country already discussed now to the specific rules and service of someone's the different demographics no for entities personality then you must serve on the or the persons in charge no for prisoners we serve jail warden and the jail warden is the only israelite to submit the return minors on their parents or guardians incompetence similar not legal on spouses this is new no now we are requiring you to serve on each spouse individually and that is just fair no we do not know uh the status between the the spouses no and so we must not uh equate the service on one a service on both so you must serve them individually right next specific rules still pick of the philippines through the sold gen on local government units on their head or the other officer as the law or the court may direct entities under receivership or liquidation on the designated receiver or liquidator and um here this is very important the last one special answers of defendant question entity of service of sorry dimension not just size the council now will be deputized by the court to serve someone's on his client okay this again very important council appears in court for the sole possible jurisdiction because of claims there was improper service on his client let's say that it was left we a person who is not one of those authorized to receive for the client okay so improper service but the constantly before the court and he is already admitting to the court he knows where his client is they are into each other no and in fact he will not be in court if the client did not direct him to appear in court on his behalf right so let's cut through this and do what we need which is resolve this case on the merits okay so now we are going to deputize you to sermons on your client all right okay now um okay so let's go to the sheriff's return okay so as i mentioned earlier now we fix the time within which the summons must be served you have to serve it within 30 calendar days from the time that it is issued before there were months lost uh just for service of samus inventory six months already passed there is no return attached to the record so we don't want that to happen anymore that is why i told you we uh days mapping we did the face test we did all the steps and assigned time frames for all the steps so now each and every step can be accurately and scientifically rated for efficiency and effectiveness okay so no more excuses uh we have to comply with our timelines all right the next one is what should be the content sheriff's return i will not discuss this with you the judges uh can use this to make their attempts for the sheriff's return let's go to proof of service in general well this is the return just uh done in writing by the server set for the manner place and date of service and then the papers that were served and it must be sworn to because it is not going to be the sheriff no uh if a plaintiff is authorized to serve then he must submit a return or approve service that is verified not that is the counter that is a counterbalance because because there's no presumptive regularity okay and then proof of service monique mail the same no print out no and then proof of service by publication you're aware of this that david of publication okay let's go back to our flow now we go of particular how is a bill of particulars applied for and then we go to the answer after that how do you raise your defenses in your answer and then what is a reply when is it allowed what is a rejoinder when is it allowed and then how and when do you file your responsibility how do you serve your responsive pleadings and then the last one is when can a plaintiff move for default okay let's go to the bill of particulars before responding to a pleading a party may move for a defeatment or a bill of particulars on any matter okay which is not a bird with efficient definiteness or particularity to enable him to properly plead okay so we are very um we are very familiar with bill of particulars there was also a long debate on whether to eliminate bill of particulars because of our shift from ultimate facts to evidentiary facts no but in the end well the decision was to keep this here it might still serve some utility okay so when a bill of particulars or a motion for bill of particulars is filed with a horde no there are three actions open to a horde it must be either immediately denied for being completely victorious or it could be also granted outright if there is to it no apparent from the face of the pleading or if the court deems that it has to hear the parties on some clarificatory matters the court can set it for hearing but it must be immediately acted on whether one of uh whether the court set for hearing or denies it outright or got right the only the only uh condition is that the court must do so immediately all right be the effect of the grant of a bill then compliance must be affected within 10 days okay from notice and then the definite statement will be filed uh with a court either by way of amended pleading or it can be in a separate pleading right now if you fail to comply with an order of the court then um order the striking out of the pleading which is big no or it may even be um it may even result to a dismissal okay now let's go to the next one is there a stay of the period to file the responsive pleading if there is a bill of particulars and the court says yes but then if for example uh the bill of particulars is denied then you will only have the balance for you within which to file your responsive bleeding but in no case less than five calendar days okay so you will note here that we did not adopt here the fresh period rule no uh before the to dismiss and your motion to dismiss is denied then you shall have a fresh period not to file your responsive pleading and here there is no such thing because and this is my this is my personal opinion okay uh i do not know if the others in the comments share my view because of the extended period to file the responding of 30 days plus one extension of 30 days that's a total of 60 days then i do that you need a fresh period because you will have enough time if you file your particulars as soon as possible all right now let's go to the answer an answer we know what an error it is you're pleading which asserts your defenses and um well actually you if you include your counter claim right it can be permissive or compulsory but your counter claim the answer to your counter claim uh will be in the reply okay so what kinds of defenses may you plead in an answer it can be a negative defense or an affirmative defense and there you have on the slide the distinction between the two um and that is why usually in the in an answer you will have negative defenses first no those will be your denials and then you have your affirmative defenses after that okay let's go to the kinds of negative defenses on the next slide you have the specific absolute denial where you specify each material allegation of fact the truth of which you do not admit and then as much as possible set forth the substance of the matters upon which you rely in support of your denial you can also have partial specific denials only and the last one is your denial by this a vowel of knowledge when you don't have knowledge or information sufficient to form a belief as to the true truth of the alligator in the complaint okay and the next slide you just have examples examples of specific denial on legal capacity and then you have examples of specific denial of genuineness and do execution just as a reminder if it's an actionable document if you do not specifically deny it then you are deemed to have admitted it okay all right and then let's go to affirmative defenses of course you find this in room 6.5 um this is a new provision okay well nothing due to the rephrasing only but uh it is new in the sense that now the affirmative defenses have to be acted on by the courts without need of a hearing okay only in certain instances okay let's go through it because this is important okay an affirmative defense is an allegation of a new matter okay which while hypothetically admitting the material allegations in the pleading would nevertheless prevent or bar recovery and uh some include fraud statute of limitations etc i will not go through that and then second paragraph affirmative defenses may also include grounds for the outright dismissal of a complaint specifically lack of jurisdiction for the subject matter latest pendants bar by prior judgement and prescription of course okay now let's go to the next slide resolving affirmative defenses okay okay in this slide on resolving affirmative defense as you see the salmon prop your resolve affirmative defenses within 30 calendar days from the filing of the answer okay so you plead your affirmative defenses remember okay general rule no more motion to dismiss except for lack of subject matter jurisdiction litis pendensa and prescription those are the only four only four grounds four foregrounds that you can plead in a motion to dismiss otherwise your motion to dismiss is a prohibited motion so what do you do you have an option if any of those four girls you can either file a motion to this if you want you can just race it in your answer as an affirmative defense okay if you do not have any of those foregrounds you'd have an option you cannot file a motion to dismiss you can only file an answer and raise your other affirmative defenses as i already mentioned no now if the ground invoked as affirmative defense may be resolved on the basis of the party's pleadings meaning the complaint and the answer okay i mean it is apparent from the record then the court must roll the affirmative dips within 30 calendar days from the filing of the answer okay so the court need not set a hearing if it can be resolved on the basis of the pleadings all right next the court has a discretion for a summary hearing okay the next client please yes the court may conduct a summary hearing within 15 calendar days from the filings or for the following defense these are the defenses fraud statutions release etc now these affirmative defenses may be set for clarificatory hearing or we call it a summary hearing no within 15 calendar days from the filing of the answer and the court will resolve the ground which was uh heard through a summary hearing within 30 days from the termination of such summary hearing right okay so i hope that's clear already no automatic court must resolve the affirmative defense there can be no motion to set for hearing for affirmative defense if the court deems it necessary to have a summary hearing the court alone will issue the notice of hearing okay and then let's go to the next slide failure to plea defenses and objections okay the failure to the affirmative defense at the earliest opportunity will constitute a waiver and um the only exceptions again as i already mentioned are subject matter jurisdiction litispendentia bar by prior judgment and statute of limitations okay now let's go to motion to dismiss in general a motion to dismiss is a prohibited motion as i already mentioned to you okay that's found in the new rule 15 section 12. the exceptions are as i already mentioned before no i do not want to repeat again it's there on the slide for you okay the next slide what is the effect if the affirmative defense or a rule 9.1 motion to dismiss is granted okay the effect is subject to the right of appeal it is a dismissal with prejudice meaning it will bar the refiling of the action okay huh so so if that is the dismissal okay that is a dismissal with prejudice it will bar the refiling of the action that's the general rule there may be exceptions in the discredit court okay now the next slide denial relative defense if the on the other hand the affirmative defense is denied okay what will happen it shall not be subject a motion for reconsideration nor to a petition for surgery okay so there is no mr there is no rule 65 this is what i was about at the start of the lecture or i mean the sharing when i said that we are uh eliminating interlocutory incidents which we which we know caused the greatest delay to us okay so if you want to challenge the denial of your affirmative defense you have to wait for trial finished and for a judgment on the merits to be issued and then the time to raise it is through an appeal no assign it as an error right next slide denial of a motion to dismiss remedy okay so here you have to deem this to be um consistent no we we only made this consistent no so you have to go through trial wait for judgment on the merits and then assign it as an error on appeal okay now let's go to reply and is a reply allowed in general reply is not allowed anymore you can only file a reply if you are the plaintiff okay if an actionable document is appended or attached to the answer okay if there is no actionable document attached to the answer you cannot file a reply but what if you want to controvert new matters raised in the answer although there is no actionable document this rule provides that you raise that or you set forth your claim in answer to that by an augmented or supplemental complaint okay so please remember reply is now only allowed an actionable document is attached to the answer similarly if an actionable document is attached to a reply then a rejoinder is allowed okay it's only fair let's go to the next slide what is an actionable document i discussed this in detail at the start of our session so we will now go to a rejoinder okay which i already mentioned to you you can only file a rejoinder if an actionable document is attached and reply of course if you do not file a reply or you do not file a rejoinder the allegations in the uh answer case of arrive or the allegations in the reply in case of ranger are deemed automatically controverted so you do not really need to file it it's discretionary no but if there's an actionable document of course you want to file a reply or rejoinders the case may be because absent a specific denial then that will be deemed admitted okay okay let's go to the next slide which are the periods for filing answer okay so already have that in table form for you so it's not difficult to um not difficult to synthesize all the provisions no so answer to the complaint 30 days the reckoning point service of summons of course okay unless period is fixed by the court for instance service of someone's and complaint is done by publication it's 60 days or a uh another period to be fixed by the horde okay and then amended complaint if it's a complaint as a matter of right then it's still 30 days because it's still a matter of right answer yeah and then amended complaint already with leave of court then it's only 15 days because to counter notice of the order being leave or admitting the amended complaint because you were already notified because there was a uh motion for leave to file an amended complaint no so you're you should already be put a notice you should already start preparing that's why now it's only 15 days and then counter claim is 20 days from cross claim 20 days as well next slide please third fourth party complaint 30 days also service of someone's on the third party fourth party defendant supplemental complaint 20 days only supplemental a private juridical entity 60 days okay after receipt of service okay next slide one time an extension for an answer all right okay so we are requiring you to file your answer now within 30 days correct okay but we are giving you one motion of 60 days only to file your answer now we thought that this was enough not to prepare everything even the judicial affidavits of your witnesses and we thought that this was reasonable okay although i've already heard from my friends from the osg and they are they are telling me that this is going to be perusa for them no but my only plea with everyone except me give session because of my internet connection i don't know if i'm baffled we are on the slide on the one dimension of the period to file the answer there you go always explain before i was dropped and say again for my internet connection i said 30 days and then one motion for extension to file uh the answer of another day so a total of 60 days now uh as i was saying earlier going to the next slide there is a separation on extension to file other piece so any other motion for extension of time is prohibitedly disrupted you should say it's a mere scrap of paper okay um before we leave this i was saying before i got disconnected that i know a lot of you will complain about this uh that 60 days is not going to be enough for your affidavits and all other documents can we just give it a try uh i promise you you will be as happy as i am with the results just give it even just six months no let's just give the new rules a try and i promise you the delays that you experienced before will be a thing of the past no if we all give it a good try okay now let's go to the provisions on default lala please thank you no changes here no and uh just as a reminder the effect of declaration in default is that the defaulted party is no longer entitled to take part in the trial although the defaulted party will still be entitled to notices of all sub succeedings including the judgment okay and default may only be had always upon motion with hearing and that is only logical if you want the other party to be defaulted you have to give him notice that you are defaulting him okay now the next slide speaks of partial default and the theory of common defense um an example would be um well in ejection cases the defendants in property know in other case they have the same if belonged to one family but they have different uh different shelters or different um different abodes not built uh illegally on that particular property so even if only one of them can answer and the rest do not the others who did not file an answer will benefit from it okay next is you secretly from an order of default for a while i guess um because of some of the thunderstorms in several areas there's really a connectivity problem but um she's not yet finished with her lecture and we're actually on until 4 30 so at this point uh we can just wait for her to come back but mean time i would just like to say that i mean there are several there is oh i think justice monette is back so we'll catch her in again hello justin yes okay no i'm sorry i'm sorry i'm sorry okay all right i'm sorry again okay lala will go to the relief from order of default i think we're done with that we're with default we're prohibited of course we remember that default is prohibited in actions for nullity and annulment of marriages and illegal separation and just as a reminder the supreme court frowns upon default judgments no so as much as possible our judges should always um be very very cautious in granting more for all and be very liberal in granting motions of default if there will be no prejudice to the proceedings or to the parties okay let's go to the next one now we're on our last topic which is motion and then special dismiss now what emotions what motions are prohibited and then what must be heard and then special dismissals we're talking about what are the other ways of dismissing a claim other than the hearing and merits of uh of the affirmative defenses okay emotions in general okay so this is very very uh santib revision uh motions in general now we are no longer requiring you to set your motor hearing okay you only need to um serve copies of your emotions if they are motions in writing we are even going to entertain oral motions now okay let's go to the provision all motions shall be in writing except they're made in open court or in the course of hearing if the motion is made in open court or in the course of the hearing then the judge will already hear the adverse party orally also on his objections or opposition to the motion and the judge will also resolve the motion okay and then it is in writing no and if it is appearing in the record the court may have the option of hearing the matter on the basis of affidavits or depositions or even oral testimony that is when we can have the discretionary hearing we're talking about but in general no more hearings on motions okay let's go to the next okay so next slide what's important rule 15.5 b all motion shall be served okay so the requirements of service is still there we and uh you can avail of personal service accredited private courier or registered mail or electronic means not then we go next slide very important on litigious motions with the revisions we have categorized motions into litigious and non-litigious motions so what are non-litigious motions these are motions which will not prejudice the adverse party so you do not need to hear them okay so they need not be set for hearing and because they are non-litig then we we are directing our just our courts to resolve them within five days from receipt okay so no other no other directive upon receipt we count five days the court must resolve them because they are non-litigious motions okay what are these you have the examples there uh you have uh motions for alias someone's for extension of time answer only one extension of time okay okay because a second motion for extension of time to file answer is already litigious okay and then you have motions for postponement uh for the three grounds that we will mention later on etc and then we go to litigious motions on the next slide um in litigious motions these are the motions that prejudice the rights of the parties okay um and because they prejudice the rights of the parties you need to prove that you served a copy on the other party and then there is an automatic directive here that um if the uh motion is litigated then you must uh then the court must immediately resolve it if it can be resolved on the face of the records meaning there is no necessity to hear it the court will resolve it within 15 calendar days okay so what happens there is a litigious motion that is filed upon service to the other party the other party has a period non-extendable of five days to answer just motion by way of a comment or an option okay and receipt of the opposition or lapse of the period to comment or oppose then the court is mandated to resolve the litigious motion already okay so this all this all these actions are already automatic no so please do not wait for an order from the court okay to uh for you to comment your opposition to a little digit and also the horde must count the period from the service of the uh litigious motion on the adverse party because you do not wait indefinitely for an opposition upon lapse of the period to uh comment uh meaning the the five day period then you must resolve it with within their data the next slide shows you the the examples of the litigious motions of course these examples they are not exclusive that is why in the last number you have other similar emotions okay and then um next slide discretionary hearings on the motions the court may in the exercise of its discretion if necessary call a hearing on a litigious motion no in such an instance the court will be the one to issue the notice of hearing no and then except for motions which require immediate action the court uh where the court's done it must be set on the hearing signated in the rules which is friday okay now other rules and motions okay you have rule and proof of service again as i mentioned we need proof of service and then you have the omnibus motion rule which still holds not that you have to cite all the grounds for objection in your motion and then um if a motion for leave to file a promotion shall be accompanied by the thought to be admitted if it's a motion for leave to admit an amended complaint then the the amended complaint should be attached no and then the form of motions as we said you can even have oral motions now uh under the new rules okay now let's go to prohibited motions okay um here you have the motions that are prohibited first a motion to dismiss except on dimension and then you have the motion to hear affirmative defenses as i mentioned a motion for reconsideration of the denial of the affirmative defense okay we already mentioned that and then a motion to suspend proceedings without a temporary restraining order injunction from a higher court so will no longer entertain motion to a motion to suspend on the ground of judicial courtesy if there is no tro or wpi accompanying and then we have a motion for extension of time to file pleadings or other court submissions other than one motion for extension to file an answer then the connect the last one is a motion for purpose okay another vision of the rules in prohibited motions a motion for postponement is presumed to be intended for delay i'll entertain if it is based on acts of god or forced major or physical inability of the witness to appear and testify but you have to make a qualification the imprecision in the language here i believe that we should also include the physical inability of the count cell not to appear not to testify but to appear because we know that if a party has appeared through council of course the litigation is carried on by the council okay and then listening there that if your emotion is granted you will just have the balance of the dates assigned to you to complete the evidence presentation for on behalf of your client okay let's go to prohibited motions emotions for postponement we've discussed that already the fees you need to pay the filing please and then next just an extra motion to strike the pleading no um the court can't entertain such a motion if uh on the face of the pleading it is sham or false redundant etc and then we have the two dismissal rules now we go to exp to the special dismissals under the routine okay first with this missile rule this is a dismiss notice the uh plaintiff no so before a responsive pleading is filed uh the plaintiff on its own motion or voluntarily may file a notice of dismissal and the court will just confirm the dismissal however and that dismissal will be a dismissal without prejudice however under the two dismissal rule if the play done before for the same cause of action then the second dismissal will already be a dismissal with prejudice all right and then um the next slide is just an example from jurisprudence of the two dismissal rule it's an illustration and then we next we have the plaintiff's motion to dismiss by leave of court under rule 17 section 2. okay in such a case if there is a counter claim then it is optional to do the counter claim now next plaintiff's move from this um still under section and then we have the dismissal due to fault of plaintiff under 17.3 this is a dismissal on ground of the plaintiff's um inability to present his evidence in truth for the failure to prosecute for responsible time or the failure to comply with the rules or any order of the court no this is rule 17 section 3 and this dismissal amounts to an adjudication on the merits no on the subsequent slides you just have a quote from this decided case on what constitutes a reasonable length of time it depends on the case basis the report we study the circumstances which case now that ends the first module of our uh session thank you very much and again apologies for the interruptions thank you very much justice that was i let you catch your breath for a while because you've been speaking talking non-stop for two hours so i know that this is supposed to be abortion allotted for a question and answer but um we don't really have much time it's it's more important that you finish the lecture which is really expected because this is such an extensive subject matter it's angelina you presented it very simple simply and your slides are very easy to understand so we also appreciate the visual aids i'm sure there are a lot of people who will ask for that but um what we will do just as we were looking at the questions and um there are some that were actually answered already because they were posted earlier so when you were proceeding with your lecture you answered some of them already okay okay we can give you a copy of the questions and if there are some which you feel that you want to address perhaps as a recap you can i don't know if you'd want to do that for before we proceed with mojo too perhaps you would like to address some of them if uh you find that it's something remarkable so um maybe that's what we can do but for now we'll let you rest okay and we understand the interruption because there are thunderstorms around also so thank you justin but uh i won't say goodbye first because we will be seeing you tomorrow for mojo and that will be for a trial trial and judgment so we will still with each other tomorrow and i hope everybody who's watching the lecture is very clear it was a very very nice lecture justicing and what is clear is that everybody everybody should know this more people should watch module 2 because if we don't know this then our cases will be dismissed and our clients will get mad and also this is not just for litigation i know this is step by step litigation guide but this is also for law students because this is already part of hope of the bar exams so students should also with that thank you justice and we'd like to thank all of our viewers for staying with us and bearing with us hopefully the connection will be better tomorrow but see just this one and we are thankful for that so with that thank you everybody who took part in this um web lecture series um congratulations to everybody our first lecture and we will see you tomorrow thank you see you tomorrow thank you you