Category Archives: Legal Procedure

MCLE Compliance in Entry of Appearance and Pleadings (Bar Matter No. 850)

[The Supreme Court issued a Resolution dated 17 February 2015 (full text below), which is effective 1 March 2015, requiring all counsels, including partners of law firms whose names appear in the said pleadings, to indicate their MCLE exemption or compliance number. Does this mean that if one signatory is non-compliant, even if the other co-signatories are MCLE compliant, the court can disregard/dismiss the pleading/motion?] Continue reading

Rules on e-Filing (A.M. No. 10-3-7-SC; full text)

Republic of the Philippines
Supreme Court
Manila

EN BANC

NOTICE

Sirs/Mesdames:

Please take notice that the Court en banc issued a Resolution dated September 10, 2013, which reads as follows:

“A.M. No. 10-3-7-SC (Re: Proposed Rules on E-Filing) and A.M. No. 11-9-4-SC (Re: Proposed Rule for the Efficient Use of Paper). – The Court Resolved to Continue reading

The Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

Recognizing that the judiciary uses excessive quantities of costly paper (for the purpose of saving trees, conserving precious water and helping mother earth), the Supreme Court issued the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC; see full text). This Rule, which took effect on 1 January 2013, prescribes the format of pleadings, motions and documents filed in courts. Continue reading

Introduction to and Discussion on the Judicial Affidavit Rule

On 4 September 2012, the Supreme Court issued A.M. No. 12-8-8-SC [full text], approving the JUDICIAL AFFIDAVIT RULE. The Rule, which is intended to expedite court proceedings, is new and far from complete, necessitating an extensive discussion to thresh out various issues. Lawyers could keep their observations to themselves and hope that the other party commits a mistake, most likely gaining an edge by reason of technicality. Still, considering that the unstated purpose of the Rule is to ferret out the truth in coming out with a decision based on the merits, and not on mere technicality, it would be helpful to start an open discussion to pick the brains of the legal-minded crowd. Continue reading

Effectivity and Purpose of the Judicial Affidavit Rule

[This is Part 2 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

Scope of Application of the Judicial Affidavit Rule

[This is Part 3 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

Service and filing of the Judicial Affidavit

[This is Part 4 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

Required contents of a judicial affidavit under the Judicial Affidavit Rule

[This is Part 5 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule]

Continue reading

Offer of Testimony and Objections under the Judicial Affidavit Rule

[This is Part 6 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

Documentary and Object Evidence under the Judicial Affidavit Rule

[This is Part 7 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading