Remedial Law, Legal and Judicial Ethics, with Practical Exercises › General Principles

B. Rulemaking Power of the Supreme Court

Power to Promulgate Procedural Rules

The Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under-privileged.

2019 Amendments to the Rules of Court (part 1 of 8)

The 2019 Amendments to the Rules of Civil Procedure (A.M. No. 19-10-20-SC, effective 1 May 2020) changed Rules 1 to 35. This table lists every section in Rules 1–5 that the amendments changed, added or deleted, compiled by LexiQuire from the 1997 text and the amended text. Sections not listed were left unchanged. Open a Rule to read the amended wording beside the 1997 text.

Rule 1. General Provisions (4 of 6 sections changed)

SectionTitleChange
Sec. 1Title of the RulesMinor amendment
Sec. 4In what cases not applicableMinor amendment
Sec. 5Commencement of actionMinor amendment
Sec. 6ConstructionAmended

Rule 2. Cause of Action (1 of 6 sections changed)

SectionTitleChange
Sec. 6Misjoinder of causes of actionAmended

Rule 3. Parties to Civil Actions (7 of 22 sections changed)

SectionTitleChange
Sec. 3Representatives as partiesMinor amendment
Sec. 9Non-joinder of necessary parties to be pleadedMinor amendment
Sec. 11Misjoinder and nonjoinder of partiesMinor amendment
Sec. 15Entity without juridical personality as defendantMinor amendment
Sec. 16Death of party; duty of counselMinor amendment
Sec. 17Death or separation of a party who is a public officerMinor amendment
Sec. 22Notice to the Solicitor GeneralAmended

Rule 4. Venue of Actions (4 of 4 sections changed)

SectionTitleChange
Sec. 1Venue of real actionsMinor amendment
Sec. 2Venue of personal actionsMinor amendment
Sec. 3Venue of actions against nonresidentsMinor amendment
Sec. 4When Rule not applicableAmended

Rule 5. Uniform Procedure in Trial Courts (1 of 2 sections changed)

SectionTitleChange
Sec. 2Meaning of termsAmended

2019 Amendments to the Rules of Court (part 2 of 8)

The 2019 Amendments to the Rules of Civil Procedure (A.M. No. 19-10-20-SC, effective 1 May 2020) changed Rules 1 to 35. This table lists every section in Rules 6–8 that the amendments changed, added or deleted, compiled by LexiQuire from the 1997 text and the amended text. Sections not listed were left unchanged. Open a Rule to read the amended wording beside the 1997 text.

Rule 6. Kinds of Pleadings (7 of 13 sections changed)

SectionTitleChange
Sec. 2Pleadings allowedAmended
Sec. 3ComplaintAmended
Sec. 5DefensesAmended
Sec. 7Compulsory counterclaimAmended
Sec. 8Cross-claimAmended
Sec. 10ReplyAmended
Sec. 11Third, (fourth, etc.)-party complaintAmended

Rule 7. Parts and Contents of a Pleading (4 of 6 sections changed)

SectionTitleChange
Sec. 3Signature and addressAmended
Sec. 4VerificationAmended
Sec. 5Certification against forum shoppingAmended
Sec. 6ContentsNew section

Rule 8. Manner of Making Allegations in Pleadings (6 of 13 sections changed)

SectionTitleChange
Sec. 1In generalAmended
Sec. 6JudgmentAmended
Sec. 7Action or defense based on documentAmended
Sec. 11Allegations not specifically denied deemed admittedAmended
Sec. 12Affirmative defensesNew section (the former Sec. 12 on striking out is now Sec. 13)
Sec. 13Striking out of pleading or matter contained thereinRenumbered from Sec. 12

LIMITATIONS ON THE RULE-MAKING POWER OF THE SUPREME COURT

  • The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases;
  • The rules shall be uniform for courts of the same grade; and
  • The rules shall not diminish, increase, or modify substantive rights.

POWER OF THE SUPREME COURT TO AMEND AND SUSPEND PROCEDURAL RULES

Power to Relax/Suspend Procedural Rules

The Supreme Court’s constitutional power to promulgate rules of practice and procedure and to amend or repeal the same necessarily carries with it the power to overturn judicial precedents on points of remedial law through the amendment of the Rules of Court. (Pinga v. Heirs of Santiago, G.R. No. 170354., 2006).

It has the sole prerogative to amend, repeal or even establish new rules for a more simplified and inexpensive process, and the speedy disposition of cases. (Neypes v. Court of Appeals, G.R. No. 141524,2005).

Compliance with the procedural rules is the general rule, and abandonment thereof should only be done in the most exceptional circumstances. (Pilapil v. Heirs of Briones, G.R. No. 150175, 2007).

The courts have the power to relax or suspend technical procedural rules or to except a case from their operation when compelling reasons so warrant or when the purpose of justice requires it; what constitutes good and sufficient cause that would merit suspension of the rules is discretionary upon the courts. (Commissioner of Internal Revenue v. Migrant Pagbilao Corporation, G.R. No. 159593, 2006).

What impels the Court to set aside its rules is not the party’s empty invocations of liberality but the merits of a party’s position so that the same may not be obstructed by mere deficiencies in form. (Munoz v. People, G.R. No. 162772, 2008).

Reasons that would warrant the suspension of the Rules:

  • Most persuasive and weighty reasons;
  • To relieve a litigant from an injustice not commensurate with his failure to comply with the prescribed procedure;
  • Good faith of the defaulting party by immediately paying within a reasonable time from the time of the default;
  • The existence of special or compelling circumstances;
  • The merits of the case;
  • A cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules;
  • A lack of any showing that the review sought is merely frivolous and dilatory;
  • The other party will not be unjustly prejudiced thereby;
  • Fraud, accident, mistake or excusable negligence without appellant’s fault;
  • Peculiar legal and equitable circumstances attendant to each case;
  • In the name of substantial justice and fair play;
  • Importance of the issues involved; and
  • Exercise of sound discretion by the judge guided by all the attendant circumstances. (Labao v. Flores, G.R. No. 187984, 2010).

Updated: The Supreme Court’s authority over rules of court does not preclude DOJ rules governing prosecutors’ preliminary investigations and inquests within the executive sphere (Meking v. Remulla, G.R. No. 280455, 11 November 2025).

2019 Amendments to the Rules of Court (part 7 of 8)

The 2019 Amendments to the Rules of Civil Procedure (A.M. No. 19-10-20-SC, effective 1 May 2020) changed Rules 1 to 35. This table lists every section in Rules 25–30 that the amendments changed, added or deleted, compiled by LexiQuire from the 1997 text and the amended text. Sections not listed were left unchanged. Open a Rule to read the amended wording beside the 1997 text.

Rule 25. Interrogatories to Parties (3 of 6 sections changed)

SectionTitleChange
Sec. 1Interrogatories to parties; service thereofAmended
Sec. 2Answer to interrogatoriesPeriods now counted in calendar days
Sec. 3Objections to interrogatoriesPeriods now counted in calendar days

Rule 26. Admission by Adverse Party: no change.

Rule 27. Production or Inspection of Documents or Things (1 of 1 sections changed)

SectionTitleChange
Sec. 1Motion for production or inspection; orderMinor amendment

Rule 28. Physical and Mental Examination of Persons (1 of 4 sections changed)

SectionTitleChange
Sec. 4Waiver of privilegeAmended

Rule 29. Refusal to Comply with Modes of Discovery: no change.

Rule 30. Trial (7 of 9 sections changed)

SectionTitleChange
Sec. 1Schedule of trialAmended
Sec. 2Adjournments and postponementsAmended
Sec. 3Requisites of motion to postpone trial for illness of party or counselAmended
Sec. 4Hearing days and calendar callAmended
Sec. 6Oral offer of exhibitsAmended
Sec. 7Agreed statement of factsAmended
Sec. 8Suspension of actionsAmended

2019 Amendments to the Rules of Court (part 8 of 8)

The 2019 Amendments to the Rules of Civil Procedure (A.M. No. 19-10-20-SC, effective 1 May 2020) changed Rules 1 to 35. This table lists every section in Rules 31–35 that the amendments changed, added or deleted, compiled by LexiQuire from the 1997 text and the amended text. Sections not listed were left unchanged. Open a Rule to read the amended wording beside the 1997 text.

Rule 31. Consolidation or Severance: no change.

Rule 32. Trial by Commissioner (5 of 13 sections changed)

SectionTitleChange
Sec. 3Order of reference; powers of the commissionerMinor amendment
Sec. 5Proceedings before commissionerMinor amendment
Sec. 7Refusal of witnessGender-neutral wording only
Sec. 10Notice to parties of the filing of reportPeriods now counted in calendar days
Sec. 11Hearing upon reportPeriods now counted in calendar days

Rule 33. Demurrer to Evidence (1 of 2 sections changed)

SectionTitleChange
Sec. 2Action on demurrer to evidenceNew section

Rule 34. Judgment on the Pleadings (1 of 2 sections changed)

SectionTitleChange
Sec. 2Action on motion for judgment on the pleadingsNew section

Rule 35. Summary Judgments (3 of 6 sections changed)

SectionTitleChange
Sec. 3Motion and proceedings thereonAmended
Sec. 4Case not fully adjudicated on motionAmended
Sec. 6Affidavits in bad faithAmended

EXCLUSIONS UNDER THE CONSTITUTION, LAWS, AND RULES OF COURT

Rules of Exclusion – governed by the Rules or by Statute and Constitution.

Authorities

  • 1987 Constitution, Sec. 5
  • Commissioner of Internal Revenue v. Migrant Pagbilao Corporation, G.R. No. 159593
  • Labao v. Flores, G.R. No. 187984, 15 November 2010
  • Muñoz v. People, G.R. No. 162772, 14 March 2008
  • Neypes v. Court of Appeals, G.R. No. 141524, 14 September 2005
  • Pilapil v. Heirs of Briones, G.R. No. 150175, 5 February 2007
  • Pinga v. Heirs of Santiago, G.R. No. 170354, 30 June 2006