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)
| Section | Title | Change |
|---|---|---|
| Sec. 1 | Title of the Rules | Minor amendment |
| Sec. 4 | In what cases not applicable | Minor amendment |
| Sec. 5 | Commencement of action | Minor amendment |
| Sec. 6 | Construction | Amended |
Rule 2. Cause of Action (1 of 6 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 6 | Misjoinder of causes of action | Amended |
Rule 3. Parties to Civil Actions (7 of 22 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 3 | Representatives as parties | Minor amendment |
| Sec. 9 | Non-joinder of necessary parties to be pleaded | Minor amendment |
| Sec. 11 | Misjoinder and nonjoinder of parties | Minor amendment |
| Sec. 15 | Entity without juridical personality as defendant | Minor amendment |
| Sec. 16 | Death of party; duty of counsel | Minor amendment |
| Sec. 17 | Death or separation of a party who is a public officer | Minor amendment |
| Sec. 22 | Notice to the Solicitor General | Amended |
Rule 4. Venue of Actions (4 of 4 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 1 | Venue of real actions | Minor amendment |
| Sec. 2 | Venue of personal actions | Minor amendment |
| Sec. 3 | Venue of actions against nonresidents | Minor amendment |
| Sec. 4 | When Rule not applicable | Amended |
Rule 5. Uniform Procedure in Trial Courts (1 of 2 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 2 | Meaning of terms | Amended |
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)
| Section | Title | Change |
|---|---|---|
| Sec. 2 | Pleadings allowed | Amended |
| Sec. 3 | Complaint | Amended |
| Sec. 5 | Defenses | Amended |
| Sec. 7 | Compulsory counterclaim | Amended |
| Sec. 8 | Cross-claim | Amended |
| Sec. 10 | Reply | Amended |
| Sec. 11 | Third, (fourth, etc.)-party complaint | Amended |
Rule 7. Parts and Contents of a Pleading (4 of 6 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 3 | Signature and address | Amended |
| Sec. 4 | Verification | Amended |
| Sec. 5 | Certification against forum shopping | Amended |
| Sec. 6 | Contents | New section |
Rule 8. Manner of Making Allegations in Pleadings (6 of 13 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 1 | In general | Amended |
| Sec. 6 | Judgment | Amended |
| Sec. 7 | Action or defense based on document | Amended |
| Sec. 11 | Allegations not specifically denied deemed admitted | Amended |
| Sec. 12 | Affirmative defenses | New section (the former Sec. 12 on striking out is now Sec. 13) |
| Sec. 13 | Striking out of pleading or matter contained therein | Renumbered 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)
| Section | Title | Change |
|---|---|---|
| Sec. 1 | Interrogatories to parties; service thereof | Amended |
| Sec. 2 | Answer to interrogatories | Periods now counted in calendar days |
| Sec. 3 | Objections to interrogatories | Periods 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)
| Section | Title | Change |
|---|---|---|
| Sec. 1 | Motion for production or inspection; order | Minor amendment |
Rule 28. Physical and Mental Examination of Persons (1 of 4 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 4 | Waiver of privilege | Amended |
Rule 29. Refusal to Comply with Modes of Discovery: no change.
Rule 30. Trial (7 of 9 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 1 | Schedule of trial | Amended |
| Sec. 2 | Adjournments and postponements | Amended |
| Sec. 3 | Requisites of motion to postpone trial for illness of party or counsel | Amended |
| Sec. 4 | Hearing days and calendar call | Amended |
| Sec. 6 | Oral offer of exhibits | Amended |
| Sec. 7 | Agreed statement of facts | Amended |
| Sec. 8 | Suspension of actions | Amended |
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)
| Section | Title | Change |
|---|---|---|
| Sec. 3 | Order of reference; powers of the commissioner | Minor amendment |
| Sec. 5 | Proceedings before commissioner | Minor amendment |
| Sec. 7 | Refusal of witness | Gender-neutral wording only |
| Sec. 10 | Notice to parties of the filing of report | Periods now counted in calendar days |
| Sec. 11 | Hearing upon report | Periods now counted in calendar days |
Rule 33. Demurrer to Evidence (1 of 2 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 2 | Action on demurrer to evidence | New section |
Rule 34. Judgment on the Pleadings (1 of 2 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 2 | Action on motion for judgment on the pleadings | New section |
Rule 35. Summary Judgments (3 of 6 sections changed)
| Section | Title | Change |
|---|---|---|
| Sec. 3 | Motion and proceedings thereon | Amended |
| Sec. 4 | Case not fully adjudicated on motion | Amended |
| Sec. 6 | Affidavits in bad faith | Amended |
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