Updates on Civil Procedure - 2021 edition by Gubat

19/05/2025

16/08/2023

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16/08/2023

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25/04/2023

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13/04/2023

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This book is an annotation on the Revised Rules of Criminal Procedure promulgated by the Supreme Court of the Philippines on December 1, 2000. It includes the amendments made thereon since then.

13/04/2023

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This book is an annotation on the 1997 Rules of Civil Procedure, as amended by the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure. The annotations include relevant laws and jurisprudence, issuances of the Supreme Court including the most recent Rule on Expedited Procedures in First Le...

18/02/2023

25/01/2023

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10/10/2022

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06/10/2022

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24/05/2022

Ninth update:

Gubat, Civil Procedure, 2021 edition. At page 291, the Annotations should read as follows:

This new Section is introduced by A.M. No. 19-10-20-SC, October 15, 2019.
An example of this mode of service is that one provided for in the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request. Parties are required to use three standardized forms: a request for service, a summary of the proceedings (similar to a summons), and a certificate of service (Arts. 3-5, Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 15 November 1965).
In the Philippines, the Office of the Court Admistrator (OCA) is the designated central authority for judicial documents.
Procedure under the Convention. Upon motion for leave of court of a party in a civil or commercial proceeding the court shall determine whether extraterritorial service through the Hague Service Convention is necessary, in accordance with Rules 13 and 14 of the Rules of Court, as amended. The motion shall be accompanied, in duplicate, by the following documenrs:
a. A copy of the Model Form, including the Request, Certificate, Summary of Documents to be Served, and Warning;
b. The original documents to be served or certified true copies thereof, including all annexes;
c. Certified translations of the Model Form and all accompanying documents, where necessary;
d. An undertaking to pay in full any fees associated with service of the documents; and
e. Any other requirements of the Requested State, taking into account its reservations, declarations and notifications, which may be found in the HCCH website (Part II.1, A.O. No. 251-2020, Guidelines on the Implementation in the Philippines of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Sept. 11, 2020).
If the court finds the extraterritorial servide under the Hague Service Convention is warranted, it shall issue an Order to that effect. The Order shall include a directive to the requesting party to procure and submit a prepaid courier pouch which shall be used for the transmission of documents from the court to the Central Authority of the Requested State.
The Judge, in the case of lower courts, or the Justice or the Clerk of Court, in the case of collegiate courts, as forwarding authorities, shall accomplish and sign the Request using the Model Form, check the completeness of documents, and ensure compliance with the requirements of the Hague Service Convention and that of the Requested State (Ibid., Part II, 2).
Once all the requirements are submitted by the party requesting the extraterritorial service, the court shall coordinate with the Central Authority of the Requested State and transmit the following:
a. The Order granting the extraterritorial service;
b. The filled-out Request and Summary of Documents to be Served with Warning;
c. The blank Certificate (to be completed by the Central Authority of the Requested State);
d. The documents sought to be served; and
e. Certified translations of the Model Form and all accompanying documents, where necessary.
The court shall also furnish the OCA with a copy of the request and shall update the OCA on the status of its request (Ibid., Part II.4).
The Central Authority of the Requested State shall then process the request and attempt service in accordance with its domestic laws. It shall thereafter provide formal confirmation whether the service was successful or unsuccessful, using the Certificate annexed to the Hague Service Convention. The completed Certificate shall thereafter be submitted back to the requesting court, and shall form part of the records of the case (Ibid., Part II.7).

24/05/2022

Eighth update:

Gubat, Civil Procedure, 2021 edition. At page 39, add the following paragraphs:

The designated Special Commercial Courts are further designated as “Competition Courts” to hear, try and decide cases involving violations of Rep. Act No. 10667, otherwise known as the “Philippine Competition Act” and other competition-related laws (A.M. No. 19-08-06, Dec. 10, 2019). The Special Commercial Courts’ exercise of jurisdiction was further expanded to include other commercial cases in line with their specialization (A.M. No. 03-03-03, Nov. 9, 2021). When there is no Special Commercial Court designated to hear and decide a case filed within a specific territory in accordance with existing rules of venue, the case shall be filed in the nearest designated Special Commercial Court within the judicial region of said territory (Ibid.).
For clarity, the exercise of jurisdiction of Special Commercial Courts shall cover the following cases:
a. Intra-corporate cases and other cases enumerated under Sec. 5, PD 902-A, as amended, that were formerly cognizable by the Securities and Exchange Commission;
b. Intellectual Property Cases, which include all civil and criminal actions for violations of intellectual property rights provided for in the Intellectual Property Code of the Philippines (RA 8293), as amended, and other laws;
c. Writs of search and seizure in civil actions involving intellectual property rights covered by Sec. 1, rule 2, A.M. No. 10-3-10-SC dated 6 October 2020, and search warrants involving violations of intellectual property rights covered by Sec. 1, Rule 10, A.M. No. 10-3-0-SC dated 6 October 2020;
d. Rehabilitation, insolvency, and liquidation cases under the Financial Rehabilitation and Insolvency Act of 2010 (RA 10142);
e. Liquidation cases emanating from administrative proceedings and expiration of corporate terms and court-assisted liquidation under special laws;
f. Dissolution and liquidation of partnerships under Articles 1830 and 1831 of the Civil Code;
g. Cybercrime cases involving Secs. 4 and 5, Chapter II of the Cybercrime Prevention Act of 2012 (RA 10175);
h. Cybercrime warrants involving Secs. 4 and 5, Chapter II of the Cybercrime Prevention Act of 2012 (RA 10175);
i. Competition cases, which include violations of the Philippine Competition Act (RA 10667) and other competition-related laws;
j. Inspection orders for administrative investigations of alleged violations of Philippine Competition Act (RA 10667), its implementing rules and regulations, and other competition laws;
k. Anti-money laundering cases, which include violations of the Anti-Money Laundering Act of 2001 (RA 9160), as amended;
l. Petitions for civil forfeiture and asset preservation of monetary instruments, property, or proceeds representing, involving, or relating to an unlawful activity or money laundering offense under A.M. No. 05-11-04-SC, and asset preservation, seizure, and forfeiture in criminal cases under A.M. No. 21-03-13-SC;
m. Cases involving violations of the Access Devices Regulations Act of 1998 (RA 8484), as amended;
n. Cases involving violations of The Securities Regulation Code (RA 8799);
o. Cases involving violations of the Consumer act of the Philippines (RA 7394);
p. Cases involving violations of the Price Act (RA 7581);
q. Cases involving violations of the Food, Drug, and Cosmetic Act (RA 3720);
r. Cases involving letters of credit (Code of Commerce);
s. Cases involving trust receipts (Trust Receipts Law [PD 115]);
t. Cases involving warehouse receipts (Warehouse Receipts Act [Act No 2137]);
u. Cases involving banking and bank secrecy laws (the New Central Bank Act [RA 7653], as amended, The General Banking Law of 2000 [RA 8791], Lending Company Regulation Act of 2007 [RA 9474], as amended, Philippine Deposit Insurance Corporation Act [RA 3591], as amended, the Act Prohibiting Disclosure of or Inquiry Into, Deposits with any Banking Institution and Providing Penalty therefor [RA 1405], as amended, Foreign Currency Deposit Act of the Philippines [RA 6426], as amended);
v. Violations of the Truth in Lending Act (RA 3765);
w. Cases involving foreign investments, including violations of the Foreign Investments Act of 1991;
x. Violations of the Electronic Commerce Act (RA 8792); and
y. Violations of the Data Privacy Act (RA 10173). (Ibid.)