VARIOUS - Tuazon CivPro Reviewer (Salvador)

R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty.
Tranquil Salvador | SY 2008-09, 2nd sem | 1

CRIM PRO
JURISDICTION
BP 129/ amended by RA 7691
Not capable of pecuniary estimation
Ex. cancellation of K of sale

De Leon: real property mortgages to be cancelled; in spite of
assessed value of real property
Amount of property only incidental
But if it is a quasi-delict: if principal action is to recovery value
of damages then it can be capable of pecuniary estimation
IMPORTANCE:
o RTC has jurisdiction
o If not capable of estimation: Rule 141, Sec 7 applies
standard fees (flat rate), rather than graduated amount
Jurisdiction conferred by law
Over subject matter

o Allegations only help the court decide
o Generally, RA 7691
Over persons
o Receipt of summons notice
o Voluntary appearance
Either personally appear or
Submit motion/pleading 1 or counsel appears2
Estoppel by laches to question jurisdiction
Tijam
o
o
o
v Sibonghanoy:
Raised issue for first time on appeal
After participating in proceedings
Tijam case: 10 years pending: unreasonable delay
Must ask for POSTIVE action, not motion to dismiss for lack
of jurisdiction
2
Counsel can have qualified appearance then file motion
to dismiss after, for lack of jurisdiction
BUT general rule: question of jurisdiction can be raised

at anytime, even for the first time on appeal
Differentiate:
Concurrent J: court have same J over same subject matter

Exclusive J: just that court
Original and concurrent
o ex. RTC and SC over ambassadors
o ex. habeas corpus, quo warranto, certiorari, etc.
o BUT there is still hierarchy of courts: MTC order on
certiorari, then go to CA
Appellate J: appeal perfect within reglementary period
RTC Jurisdiction
1.
2.
3.
4.
5.
6.
7.
Not capable of pecuniary estimation

Right/title/interest over real property
a. Value > 20K (OMM)
b. Value > 50K (MM)
Maritime
a. Value > 300K (OMM)
b. Value > 400K (MM)
Probate same value as maritime
Other same value as maritime
Family cases/marriage
Juvenile/agrarian case
Summary procedure for civil cases

1.
2.
Forcible entry & unlawful detainer

All other cases where plaintiffs claim:
a. Value <= 100K (OMM)
b. Value <= 200K (MM)
c. EXCEPT probate
Admin. Circular 09-94 (1994)
Par. 2: even if for money claims, damages are excluded

Admin. Circular 11-94: claim should include interest, damages,
etc. (all assessed pay everything for court fees)
But for jurisdictional purposes, just the principal claim
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 2
MTC
1.
2.
3.
Unlawful detainer/forcible entry

a. Summary procedure
Real property
a. Value >= 20 K (OMM)
b. Value >= 50 K (MM)
Civil action
a. Value >= 300K (OMM)
i. Value >= 100K summary
b. Value >= 400K (MM)
i. Value >= 200K summary
Small claims
Value >= 100 K

Just a form and file in court
Somehow, superceded OMM cases
RULE 1 GENERAL PROVISIONS

Class notes:
How to initiate court case:

o File complaint
o Pay docket fees
Court does not acquire J if there is no payment
If insufficient, pay deficiency within 15 day pd.

Civil procedure: effect 1 July 1997
o Basis: SC can promulgate rules as per Art. VIII, Sec.
5(5)
o Broad powers
Civil action:
o Protection/enforcement of right
o Prevention/redress of wrong
Distinguish:
o Ordinary ordinary rules (1-39)
o Special ordinary rules and subject to special rules
No need for cause of action in special actions

(R2, S1)
Ex. Certiorari G.A.D. is basis, not cause of

action
Elements of cause of action:
o 1. RIGHT
o 2. OBLIGATION
o 3. BREACH
Proton v Banque Nacional:
o A.C. 11-94 include interest, damages, and fees in
filing fees (deficiency must be paid w/n 15 d.)
o Reglementary period connected with pleadings
o Need to pay filing fees even for permissive
counterclaims, 3rd party claims, etc.
o Put amount of claim NOT ONLY in the body but also in
the prayer because in the Manchester case, the
lawyer hid the claim in the body
There is cause of action in foreign judgments
R1S6 liberal construction to secure just, speedy, inexpensive
disposition
o DO NOT apply this to justify technical violations
Codal:
Sec 3
o
Civil action party sues another for

enforcement/protection of right, prevention/redress of
a wrong
Ordinary/special
Sec 4 not applicable to:
o Election cases
o Land registration/cadastral
o Naturalization
o Insolvency
o And other cases not provided for unless by
analogy/suppletory character or practicable/convenient
Sec 5 COMMENCEMENT of action
o WHEN: filing of original complaint in court
Additional defendant: commenced upon filing

of later pleading even if denied by court
Sec 6 construction
o
Liberally construed to promote objective and secure:

just, speedy, inexpensive disposition
o
o
RULE 2 CAUSE OF ACTION
If same one plaintiff and one defendant: may join as

many COAs as possible
If multiple plaintiffs/defendants on either side: there
must be unity of action or series of transactions
Class notes:
Differentiate from article 3 joinders:
San Miguel: no payment of docket fees on compulsory

counterclaims
o But permissive counterclaims: pay filing fees
The fact there was allegation of breach is NOT enough:
o Damnum absque injuria LOSS WITHOUT INJURY
Bernardo v CA: weird decision
o Certiorari special civil action was consolidated w/
annulment of judgment
o Why? This violated R2, S5, after all
o POSSIBLY because both certiorari and annulment of
judgment are both original cases filed in CA
Splitting COA grounds to dismiss others:
o Litis pendentia (file one)
o Res judicata (judgment on one)
One contract with several stipulations still one COA
o Exception: contract compels one to do several things at
several times divisible
Misjoinder cannot cause dismissal of case just drop/add

Alternative COAs:
o Ex. culpa contractual and culpa aquiliana
Codal:
JOINDER:
GENERAL RULE: 1 suit for 1 cause of action
Ex. PN1 (250K MTC), PN2 (500K RTC), PN3 (350K MTC)
There are THREE causes of action
May be joined
NO requirement these have to arise from same transaction (if
there was, then there would be no totality rule)
If at least 1 is within RTCs jurisdiction, file in RTC
General rule: cannot join ordinary and special
R3, S6: can only apply when there are multiple parties on
either side
o BUT there must be commonality
Thus, DISTINGUISH:
Class action: common interest, one cause of action

Permissive joinder: multiple causes of action and multiple
parties (same series)
There is no class action in MV Princess of the Stars different
interests
o Ex. if the passenger is a doctor, engineer, baby, etc.
o BUT there can be joinder due to common set of facts
o Not a question of number
o There can be defendant class in Philippines as long as
they have STRICTLY the same interest
Ex. Oposa v Factoran
Sec 1
o Ordinary cause of action: must be based on COA
Sec 2 COA defined
o Act or omission by which party violates a right of
another
Sec 3
o One suit per COA
Sec 4 splitting of COA (2 or more suits for one COA)
o Ground to dismiss others if:
Filing of one
Judgment upon merits on any one

Sec 5 joinder of COA
o May assert as many COA as he may have against one
party
Alternative or otherwise
As long as:
1. Party joining COA complies with rules on

joinder
2. Joined X include special civil actions
3. If COAs same parties but different

venues/Js allowed in RTC as long as one of the
COAs falls within J of said court
4. If all claims are for recovery of money

aggregate amount is test of J
Sec 6 misjoinder
o Not ground for dismissal of action
o Severed and proceeded with separately:
Motion of a party
Court motu propio

o
If he fits within Rule 141, Sec 9 definition of indigent, the court

must declare him to be such
BUT if after notice and hearing, there is income greater than

what is provided, then:
o Collect docket fees/other legal fees
o Else, execute on property to satisfy fees and impose
other sanctions
o And/or dismiss the case
Remedies:
Misjoinder motion to strike out
Nonjoinder not ground per se to dismiss action

o Court must first order joinder of party
o Non-compliance with this order may be grounds for
dismissal of action (R17, S3)
Codal:
RULE 3 PARTIES TO CIVIL ACTIONS
Class Notes:
Differentiate:
Locus standi by reason of governmental act; private person

files public suit
Real Party in Interest for private suits
Sec 4 general rule: H&W sue/are sued jointly, except:
Professional misconduct
Criminal case
CSP/JSP
And the like
Indigents
Gross income + familys income <= monthly minimum wage of

employee x 2
And own real property whose fair market value is <= 300K
One can be an employee and still be indigent
Sec 1
o Parties in a civil action:
Natural persons
Juridical persons
Authorized entities
o Plaintiff:
Original claiming party
Counter-claimant
X-claimant
3rd/4th/etc-party
o Defendant:
Original defendant party
Counter-claimant
X-claimant
3rd/4th/etc-party
Sec 2 parties in interest
o REAL PARTY IN INTEREST:
he who stands to be benefited/injured by

judgment in suit
or party entitled to avails of suit

o UPO, every action prosecuted/defended in name of real
party in interest
Sec 3 representatives as parties
Someone acting in fiduciary capacity: beneficiary
included in title of case and is R-P-in-I
o Agent acting in own name: may be sued/may sue w/o
joining principal
Except: K involves things of principal

Sec 4 Husband and wife
o Shall sue/be sued jointly
o UPO
Sec 5 minors/incompetents
o With F/M/G/G.A.L (if none)
Sec 6 permissive joinder of parties: as plaintiffs or defendants
o If there is same transaction or series of transactions
o Court may prevent:
Party from being embarrassed
From being put to expense without interest

Sec 7 indispensable parties
o Without which, NO final determination can be had
o Compulsorily joined
Sec 8 Necessary parties
o Not indispensable, but needed for complete relief or
complete determination/settlement
Sec 9 non-joinder of necessary parties
o Pleading must:
State name, if known
Reason why not joined

o If unmeritorious reason, court may order him to joined
If J over person may be obtained
Failure to include party: deemed waiver of

claim over him
o Court may proceed with action
o AND no prejudice to rights of necessary party
Sec 10 unwilling co-plaintiff
o May be made a defendant
o Reason stated in complaint
Sec 11 misjoinder/non-joinder
o NOT grounds to dismiss action
o Parties may be dropped/added by order of court
On motion of any party
Or motu propio
At any stage
If terms are just

o
Sec 12
o
o
o
o
Sec 13
o
o
Sec 14
o
o
Sec 15
o
o
Sec 16
o
o
Sec 17
Claim against misjoined party: may be severed and

separately proceeded
Class suit
Common/general interest
Persons so numerous, it is impracticable to join all as
parties
Sufficient number may represent interests of all
ANY party in interest may intervene to protect his
interest
alternative defendants
If plaintiff uncertain
May join any or all of them, even if relief against one is
inconsistent with the other
Unknown identity/name of defendant
May be sued by designation as case may require (heir,
owner, etc.)
When true name/identity discovered amend pleading
entity without juridical personality
May be sued under name they are generally/commonly
known
In defendants answer: reveal names and addresses of
persons composing the entity
DEATH of party/duty of counsel
Pending action is NOT extinguished
Duty of counsel to inform court of death
Within 30 days
Give name and address of legal rep.
Failure: disciplinary action

Heirs may be allowed to substitute without requiring
appointment of X/A
Court may appoint G.A.L. for minor heirs

Court orders legal representative:
Appear and substitute
Within 30 days of notice

If counsel does not name rep. or the rep. does not
appear:
Court orders opposing party to procure X/A for

estate
Court charges may be recovered as costs

death/separation of party who is public officer
o
o
Sec 18
o
o
Sec 19
o
o
Sec 20
o
o
o
o
Sec 21
o
o
Must be sued in official capacity and dies, resigns,

ceases to hold office
Action may be continued/maintained by successor if
Successor takes office within 30 days (UPO)
Any party shows substantial need to continue

action
Successor adopts, continues, or threatens to

continue conduct
Before substitution:
Give notice to party/officer to be affected
Give opportunity to be heard
Unless he expressly assented to it

incompetency/incapacity
If party becomes incompetent, action may be
continued by/against him
...assisted by G/G.A.L.
transfer of interest
Original party may continue
UNLESS court orders person to whom interest is
transferred to:
Substituted
Be joined
action on Kal money claims
Recovery of money from K (express/implied)
Defendant dies before entry of FJ
It will NOT be dismissed until entry of FJ
Favorable judgment against estate
Indigent party
Upon ex parte application
Benefits:
Exempt from docket and lawful fees
Exempt from fees for transcript of stenographic

notes
BUT, these will be lien on favorable judgment,

if ever (UPO)
Adverse party may contest grant of indigent status
before judgment rendered by TC
If court finds sufficient income collect proper

fees
If not, execute to pay
Other sanctions allowed
Sec 22 notice to Solicitor General

o Actions:
Validity of treaty
Law
Ordinance
EO
PD
Rules or regulations
o Court may require Sol-Gen to appear
Personally
Or through representative
RULE 4 VENUE OF ACTIONS

Class notes:
Personal Actions:
If there are several plaintiffs and defendants, code inserted

word principal to avoid bringing the case to far-flung areas
o Remedies against bringing case to far-flung areas:
Motion to dismiss because of improper venue
Answer, alleging improper venue

Stipulation controls, but not to the exclusion of other options
(PilTel case)
o Unless wording provides, expressly, the exclusion of all
other options
General rule: you can file anywhere because it can be waived
but its still challengeable
Codal:
Sec 1 real actions

o Affecting title and possession or interest in real
property
o Court in area where property is situated
o MTC:
Forcible entry
Unlawful detainer
Sec 2 personal actions
o Either, at plaintiffs election:
Where plaintiff (any principal plaintif) resides
Where defendant (any principal defendant)
resides
o If non-resident defendant, where he may be found
Sec 3 non-residents
o If non-resident and not found in the Philippines
o Action: personal status of defendant or property of
defendant in Philippines
o Either:
Where plaintiff resides
Where property/any portion is situated

Sec 4 when rule not applicable
o Where specific law/rule provides otherwise
o Where parties have validly stipulated in writing before
filing on exclusive venue
RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS

Class notes:
Order:
o Complaint
o Answer
o Reply
o Pre-trial
o Judgment
Summary procedure:
o Complaint court can dismiss outright here
o Summons 10 days to file answer (not 15)
o Answer
If no answer, court can decide already
If with answer, preliminary conference

o NO extension of time
Codal:
Sec 1 uniform procedure

o Procedure in MTC same as RTC
o Except:
Particular provision expressly/impliedly only

applies to either
Civil cases governed by summary procedure
Sec 2 Terms
o MTC = municipal, metropolitan, municipal circuit trial
PROCEDURE IN RTCs
RULE 6 KINDS OF PLEADINGS
Class notes:
Financial Building: motion to dismiss bars CCC

o BUT in 2006: dismissal of original case does not
dismiss CCC anymore (Rule 17, S 2) (Alcura)
o R17, S2 defendant can now reserve right to file CCC
Codal:
Sec 1
o
o
Sec 2
o
o
o
o
o
Sec 3
o
o
Sec 4
o
Sec 5
o
pleadings defined
Written statements of respective claims and defenses
For courts judgment
pleadings allowed:
Complaint
CC
XC
3/4/x party claim
Complaint-in-intervention
complaint
Pleading alleging cause(s) of action
Names and residences of both P and D stated
answer
Pleading where defendant sets forth defenses
defenses:
Affirmative allegation of new matter (hypothetically
admitting material allegations), but would prevent/bar
recovery; ex:
Fraud
Prescription
Release
Payment
Illegality
SoF
Estoppel
Former recovery
Discharge in bankruptcy
Others
o Negative specific denial of facts alleged essential to
COA
Sec 6 CC
o Any claim defendant has against opposing party
Sec 7 Compulsory CC, reqs:
o Arising out of transaction constituting SM of claim
o And does not require presence of 3rd parties where
court cannot acquire J
o Within courts J as far as amount/nature
o Except: original action in RTC CC is compulsory
regardless of amount
Sec 8 XC
o Claim by party aginst co-party arising out of
transaction that is SM of the action, either:
Original action
CC
Sec 9 CCC and CXC
o CC may be against original CC
o XC may be against original XC
Sec 10 reply
o Function: deny or allege facts in denial or avoidance of
new matters raised as defense in answer
o If no reply: all new matters alleged in answer deemed
controverted
o If plaintiff wants new claims arising from new matters:
Amended complaint
Or supplemental complaint
Sec 11 3/4/x party complaint
o Claim that a defending party may file against non-party
to action
With leave of court

o For subrogation, contribution, indemnity, or any other
relief re: claim
Sec 12 bringing in new parties

o In bringing in parties not part of original action:
o Court orders them to be brought in as defendants
If J over them can be attained

Sec 13 answer to 3/4/x party complaint
o A 3/4/x party defendant may allege in answer his
defense, CC, XC, or 3/4/x party complaint
o In proper case: may also assert CC against original
plaintiff (with regard to claim against that 3/4/x party
plaintiff)
RULE 7 PARTS OF A PLEADING

Class notes:
Attestation based on personal knowledge and authentic

documents on record/file (VERIFICATION)
CERTIFICATION (of non-forum shopping [CNFS])
o No pending case w/ same facts/issues/relief
o If there is, inform court of status
o If there was but plaintiff unaware, inform court w/n 5
days of knowledge
Where verification required:
o Petition for certiorari, Rule 65
o Petition for review on certiorari, Rule 45
o Provisional remedies, Rule 57-61
Complaints, as a rule, need not be verified, but as a matter of
caution: VERIFY!
Distinguish:
Absence of verification: non-jurisdictional

Absence of CNFS: JURISDICTIONAL
o Cannot amend to cure
o Dismiss w/o prejudice
For both: ALL petitioners must sign

o
o
If spouses, one spouse is enough if w/ common interest

SUBSTANTIAL COMPLIANCE: not the rule, but merely
the exception
o
o
If both are co-owners/same residence but with common

interest, maybe one can sign. But dont take chances!
When an in-house lawyer can sign CNFS:
Board resolution
Lawyer knew the facts

Assisted:
Minor
Incapacitated
Corporation can authorize anyone
If petition has reglementary period, and needs CNFS, and petition

dismissed:
Period runs
Can become final and executory
Codal:
Sec 1 caption
o Name of court
o Title of action
Names of parties
Indicate participation
All named in original complaint
Subsequent pleadings name of first parties

enough, with indication that there are others
o Docket number
Sec 2 body
o Contents:
Designation
Allegations of partys claims/defenses
Relief prayed for
Date of pleading
o Paragraphs
Allegations in body divided into numbered

paragraphs
Single statement of single set of circumstances

(as far as convenient)
o Headings
Several causes of action: preface with words

nth cause of action
Relief
Specify relief sought
But may ask for further relief in general prayer

o Date
Every pleading dated

Sec 3 signature and address
o Every pleading signed by party or counsel
Unsigned pleading: no legal effect
Court may allow deficiency to be remedied if it

were done due to mere inadvertence and not
intended for delay
o State address NOT a P.O. box
o Counsels signature is a certification that:
He read the pleading
To best of knowledge, there is good ground to

support it
It was not done for delay

o Disciplinary action against counsel who:
Deliberately files unsigned pleading
Signs it against this rule
Inserts scandalous or indecent matter in it
Fails to promptly resort to court for change of

his address
Sec 4 Verification
o GENERAL RULE: pleadings need not be under oath,
verified, or accompanied by affidavit
UPO by law/rule
o Pleading verified by affidavit that affiant has read it
and allegations are true (as to personal knowledge or
authentic records)
o May be treated as unsigned pleading:
If verified based on information and belief
Upon knowledge, information, or belief
Lacks proper verification

Sec 5 certification against forum shopping
o By plaintiff/principal party
o UNDER OATH
o In complaint/initiatory pleading with relief
o Or in sworn certification
o
Several answers: preface with words: answer

to nth cause of action
o
Contents:
He has not commenced any action/filed any

claim involving same issues in any
court/tribunal/QJ agency and to best of
knowledge no pending claim therein
If there is other pending action/claim, state

provide complete statement on present status
If he learns about similar action/claim

filed/pending, report fact within 5 days to court
where he filed pleading
Failure to comply:
Not curable by mere amendment of complaint
Cause for dismissal without prejudice
UPO, upon motion and hearing

Submission of false certificate:
Indirect contempt of court
w/o prejudice to criminal/administrative actions

Willful and deliberate forum shopping:
Direct contempt of court
Summary dismissal with prejudice
Administrative sanctions
RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Sec 8:
Pleading:
o Allegations ultimate facts
o No evidentiary facts
Evidence Rule 128, S 1 defined as means to

establish truth of facts
Reproduction of text:
o No need to append
o But in practice, better to attach a copy
Sec 3: conditions precedent (examples):
Earnest effort to compromise

Lupon pambarangay
Sec 5:
Specific denial under oath if denying documents:

o Verification/affidavit (sworn to) appended
o Also usury
Codal:
Class notes:
Fraud/mistake: with particularity

Malice/intent/knowledge: averred generally
Sec 1
o Plain, concise, direct statement of ultimate facts
o Omit evidentiary facts
o If defense is based on law: pertinent provisions and
applicability clearly and concisely stated
Sec 2 alternative causes of action/defense
o May set forth alternative/hypothetical claims/defense
Either in one COA/COD
Or separate COAs/CODs
o If alternative, but one would be independently
sufficient, pleading is not made insufficient as a whole
by insufficiency of one/more alternative
Sec 3 conditions precedent
o General averment of performance/concurrence of
conditions precedent sufficient
Sec 4 capacity
o Aver:
Facts showing capacity to sue/be sued
Or facts showing authority to sue/be sued in

representative capacity
Or legal existence of organized association

o If legal existence/capacity raised in defense:
SPECIFIC DENIAL needed
Include supporting particulars to pleaders

knowledge
Sec 5 fraud/mistake/condition of mind
o Particular fraud or mistake
o Malice/intent/knowledge averred generally
Sec 6 based on judgment
o Pleading judgment by:
Domestic/foreign court
Judicial/QJ tribunal
Board/officer
o Just aver the judgment without setting forth matter
showing J to render judgment
Sec 7 action/defense based on document
o Substance of instrument/document set forth in
pleading
And original/copy attached to pleading as

exhibit
Deemed part of pleading

o Or copy may be set forth in pleading
Sec 8 contesting documents
o Genuineness and due execution assumed to be
admitted by adverse party, UNLESS:
o Under oath:
Specifically denies them
And sets forth what he claims to be the facts

o
No need to be under oath if:
Adverse party not party to instrument
Compliance with order for inspection of original

document refused
Sec 9 official document or act
o Sufficient to aver the document was issued/act done in
compliance with law
Sec 10 specific denial
o Specify material allegation of fact he does not admit:
And set forth substance of matters supporting

denial (if practicable)
o If only part of averment denied:
Specify which of it is true and material
And deny only the remainder

o When defendant is without knowledge or information to
form belief as to truth of allegation:
STATE THIS
Effect of denial
Sec 11
o Material averment not denied, deemed admitted
Except unliquidated damages

o Allegations of usury
Deemed admitted if not denied under oath
Sec 12 striking out pleading/matter

o Either:
Court may order any pleading to be stricken

out
Or any sham, false, redundant, immaterial,

impertinent, scandalous matter be stricken out
o When:
Upon motion by a party before response to

pleading
Of if no response required, within 20 days of

service of pleading
Or court, any time
RULE 9 EFFECT OF FAILURE TO PLEAD

Class notes:
Default:
A party can be in default and still win the case

Because claiming party must win at strength of its own case
Computation of time:
Count last, but dont count first day

If last day is Sat, Sun, or holiday next working day
Proof of service of summons:
Sheriffs return narrative of how he served the summons

Must answer within 15 days of service
Grounds to lift order: FAMEN:
Fraud (extrinsic): prevented from participating in proceedings

Negligence of counsel is negligence of client
o But if GROSS negligence, the client can break free on
grounds of due process
No default in annulment/nullity/legal separation
Court may either:
Render judgment on claims

Or have ex parte proceeding
o
Codal:
Sec 1 defenses and objections not pleaded

o DEEMED WAIVED!
o Except:
Court has no J over SM
Litis pendentia
Res judicata
Statute of limitations
Sec 2
o CCC, XC not set-up
o IS BARRED
Sec 3 declaration of default
o Can declare default:
If defending party fails to answer within time

allowed
Upon motion of claiming party
With notice to defending party
And proof of failure

o Court can either:
Grant relief
Or require submission of evidence
To clerk
o Effect:
Entitled to notice of subsequent proceedings
BUT CANNOT PARTICIPATE

o Relief from order of default:
After notice of default and BEFORE judgment
File motion to lift order, based on FAMEN
Judge may lift, with terms and conditions in

interest of justice
o Effect of partial default:
If there is common COA against several

defendants, and some answer and some dont
Court tries case upon all answers filed
Render judgment upon evidence presented
Extent
Where
of relief:
Not exceed amount
Not different in kind from that prayed for
No unliquidated damages
no defaults allowed:
In annulment/nullity of marriage/legal
separation
Court orders prosecuting attorney to
investigation if collusion exists
If no collusion, intervene to see that evidence
is not fabricated
RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS

Class notes:
Distinguish:
Supplement for facts not yet existing during filing

Amendment add/strike out
MATTER OF RIGHT:
When:
o Before response
Note: a Motion to Dismiss is NOT a responsive

pleading
o Or within 10 days after service of reply
Whether form or substance
NOTICE to amend, not motion
WITH LEAVE OF COURT:
After answer
Substantive
But if formal, STILL a matter of right
Codal:
Sec 1 amendments in general

o By adding or striking out:
Allegations
Names of parties
o Correcting mistake:
in name of party
any other respect

o So controversy may speedily be determined
Without regard to technicalities
In expeditious and inexpensive manner

Sec 2 AS MATTER OF RIGHT
o Any time before responsive pleading served
o Or any time within 10 days after it was served
o Done once
Sec 3 BY LEAVE OF COURT
o Substantial amendments
o Leave may be refused if court deems the motion as
intending to delay
o Process:
Motion filed in court
Notice to other party
Opportunity to be heard
Sec 4 FORMAL AMENDMENTS
o May be summarily corrected
o AT ANY STAGE of action
o Either:
Court motu propio
Upon motion
o There must be no prejudice to other party
Sec 5
o Issues not raised by parties tried with express/implied
consent treated as if raised
o Amendment to conform to evidence presented:
Motion of ANY party
ANY TIME, even after judgment

o Failure to amend does not affect result of trial
o If evidence objected because not within issues in
pleadings:
Court may allow pleadings to be amended
Do with liberality, to meet justice
Court may grant continuance to enable

amendment to be made
Sec 6 Supplemental pleadings
o
o
o
o
Upon motion
Upon reasonable notice and just terms
Set forth transactions, occurrences, events, since
pleading sought to be supplemented
Adverse party plead against within 10 days of notice
of admission of supplemental pleading
Sec 7
o
New copy of entire pleading, with amendments

indicated with marks filed
Sec 8 Effects
o Supersedes pleading it amends
o Admissions in superseded pleadings may be received
in evidence against pleader
o Claims/defenses not incorporated in amendment
pleading: DEEMED WAIVED
RULE 11 WHEN TO FILE

Codal:
Sec 1 ANSWER: 15 days after service of summons (UPO)

Sec 2 ANSWER of foreign private juridical entity:
o And service done to government official designated by
law
o 30 days after receipt of summons
Sec 3 ANSWER to amended complaint:
o Matter of right 15 days after service of copy
o Not matter of right within 10 days of notice of order
admitting it
Answer filed earlier deemed same answer if no

new answer filed
o Same rule for CC, XC, 3/4/x, complaint in intervention
Sec 4 ANSWER to CC/XC 10 days after service
Sec 5 ANSWER to 3/4/x 15 days after service (same as
complaint)
Sec 6 REPLY: 10 days from service
Sec 7 SUPPLEMENTAL COMPLAINT: within 10 days from notice
of order admitting it (UPO)
o Answer to complaint deemed same answer to
supplemental complaint if no new answer filed
Sec 8 existing CC/XC:

o Existing at time of filing of answer
o Contained in answer
Sec 9 CC/XC arising after service of pleading:
o With permission of court
o Can be presented as CC/XC by supplemental pleading
Sec 10 omitted CC/XC
o With leave of court
o If through oversight, inadvertence, excusable neglect
may set-up CC/XC by amendment before judgment
Sec 11 extensions:
o Upon motion
o And on just terms
Hold hearing
Time period after service of BOP/amended pleading/notice of

denial:
File responsive pleading

o At least 5 days
Ex:
o Orig deadline Feb 16
o Feb 1 motion for BOP
o Feb 9 BOP given
o Rule 22, Sec 2 day causing interruption not counted
2 to 8 February counted 7 days
So 8 days remain
RULE 12 BILL OF PARTICULARS

Poor compliance with BOP:
Class notes:
Nature:
Codal:
Not a mandatory pleading

Just an option
What needed:
Defect
Paragraph number
Details needed
Period:
Complaint: 15 days
Answer: 15 days
Reply: 10 days
Court action:
Deny
Grant
o
The other party has file AMENDED PLEADING or BILL OF

PARTICULARS if motion granted
Motion to strike out

Or motion to dismiss (R17, S3) non-compliance with court
order
Sec 1
o
For matters not averred with sufficient definiteness or

particularity to enable proper response
o Before responding to pleading (so 15 days)
o If reply 10 days
o Point out:
Defects
Paragraph
Details desired
Sec 2 action by court
o Upon filing, clerk brings it to courts attention
o Court may:
Deny outright
Grant outright
Hear parties
Sec 3 compliance with order
o If granted compliance must be within 10 days from
notice of order (UPO)
Either:
Separate pleading
Amended pleading
Sec 4 effect of noncompliance
o Either:
Order not obeyed
Insufficient compliance
o Court may order striking out of portions or other order
Sec 5 period to file responsive pleading
o Applies after:
Service of BOP or more definite pleading or

notice of denial
Within period in which he was entitled
Should not be less than 5 days

Sec 6
o BOP becomes part of pleading for which it is intended
o
Registry receipt
Proof of service:
Personal: written admission, official return of sender (narrative

of what happened), affidavit of sending party
Ordinary mail: affidavit
Registered mail: registry receipt/affidavit
Completeness of service:
Personal: receipt
Registered mail: actual receipt
o or 5 days after notice of postmaster
o Whichever comes first
Ordinary mail: 10 days after mailing
RULE 13 FILING AND SERVICE OF PLEADINGS, JUDGMENTS,

AND OTHER PAPERS
PRIORITY IS ALWAYS PERSONAL SERVICE.
Class notes:
Service: covers all pleadings except original complaint
Original complaint: summons served by court
Make explanation if not personal; else, deemed not filed

But if initiatory and no compliance, it must be within
reglementary period dismissed!
Substituted service in Rule 13:
Filing:
If return card given back and document rejected, what to do:
Personal: clerk endorses

Registered mail: post office stamps date of filing
Service:
Personal: hand it to person/counsel, office, or residence

Registered mail
Ordinary mail
Proof of filing:
Record of case; if none:

Clerk acknowledges copy
Proof of failure of personal and registered mail

Give to clerk
Secure certification from the postmaster as to lack of receipt

Return card and the affidavit filed
Lis pendens:
To annotate just notice

To cancel court order
Only to REAL property
Apply to judicial cases only for Q-J agencies: own rules apply
Deposit copy in post office in sealed envelope
addressed to party/counsel at office
Or if not known, residence
Postage fully pre-paid
Instruction to postmaster to return after 10

days if undelivered
o Ordinary mail
If no registry service available in locality of

sender or addressee
Sec 8 substituted service
o If cannot be made under two preceding sections
And office/residence both unknown

o Service by delivery of copy to clerk
With proof of failure of both methods
Service complete upon delivery

Sec 9 service of judgments, final orders, resolutions
o Personally or registered mail
o Party summoned by publication:
If failed to appear
The j/FO/r published at prevailing partys

expense
Sec 10 completeness of service
o Personal upon actual delivery
o Ordinary mail expiration of 10 days after mailing
UPO
o Registered mail actual receipt by addressee
Or after 5 days from date he received first

notice from postmaster
Whichevers earlier
Sec 11 priorities
o PERSONAL SERVICE is priority
o Papers served in other ways must be accompanied by
written explanation why not personally
FAILURE: paper deemed not filed
Doesnt apply to courts papers

Sec 12 proof of filing
o General rule: by case record
o If not in record but claimed to have been filed
personally: by written/stamped
acknowledgement by clerk on copy
Codal:
Sec 1
o
o
Sec 2
o
o
Sec 3
o
o
Sec 4
o
o
Sec 5
Sec 6
o
o
o
Sec 7
o
All pleadings and other papers

UPO
Filing: act of presenting pleading/other paper to clerk
Service: providing party with copy of pleading/other
paper
Either to counsel or party
UPO by court
One counsel for several parties just one copy of paper
needed
manner of filing
1. Present original copies personally to clerk
Clerk endorses on pleading the date and hour

2. Or registered mail
Date of mailing as shown by P.O. stamp on

envelope considered date of
filing/payment/deposit in court
Envelope attached to case record

papers requiring filing and service
Every judgment, resolution, order, pleading
subsequent, written motion, notice, appearance,
demand, offer of judgment, similar papers
FILED with court and SERVED to other parties
modes of service: personally or by mail
personal service
Personal delivery to party/counsel
OR leaving in office with clerk or person in charge
OR leaving in partys/counsels residence with person
of sufficient age and discretion
Situations:
If no person in office
Or office not known
Or no office
Between 8 am to 6 pm
by mail
Registered mail
registered mail: registry receipt and affidavit of
person mailing stating concurrence of
requirements in sec 7
Sec 13 proof of service
o Personal:
Written admission of party served
Official return of server
Affidavit of party serving, containing statement

of:
Date
Place
Manner of service
o Ordinary mail:
Affidavit of person mailing showing compliance

with sec 7
o Registered mail:
Affidavit
Registry receipt issued by mailing office
What is filed by sender:
Registry return card, upon receipt
OR if document not received/refused,

the unclaimed letter with
certified/sworn copy of notice given by
postmaster to other party
Sec 14 notice of lis pendens
o Action affecting real property
o Plaintiff or defendant may record notice of lis pendens
In ROD
Contain names of parties, object of action,

description of property
o Constructive notice to purchaser/encumbrancer begins
from filing of this notice
o But to cancel: order of court
Purpose is to molest adverse party
Protect rights of party who caused it to be

protected
RULE 14 SUMMONS
Class notes:
Rules:
Person service must be personal

o Important to attain J over person
o Sec 4: Sheriffs return narrative
Else, TENDER try to hand it for him
Who can serve: sheriff, deputy, server
If there is failure to serve or summons lost:
Apply for alias summons

Have to apply repeatedly before substituted service
BEFORE SUBSTITUTED SERVICE:
There must be extra repeated efforts to serve repeatedly

There must be impossibility of personal service
There can be no substituted service for non-residents because
they have no residence
o Only personal
o Exception: if the spouse-resident of the defendant nonresident previously appointed as atty-in-fact
There can be no substituted service for juridical entities:
o Only P, GM, MP, CS, CT, I-HC
o Different if any of those enumerated are sued in
personal capacity then there can be substituted service
o As long as company is incorporated in Philippines
regardless of % of ownership, service can be made
locally
Non-juridical entity:
Any member
Or person-in-charge
Foreign juridical entity:
Doing business and licensed: can sue and can be sued

Doing business but not licensed: cannot sue and can be sued
o Except: benefits estoppel
Not doing business (isolated transaction):

o Cannot be sued and can sue but service is a problem
Distinguish:
In personam:
o Particular persons
o Bind them only
In rem:
o Bind versus the whole world
Quasi-in-rem:
o Particular persons, but bind the whole world
o But dont need them as long as J over the res attained
If there is defective service of summons leading to judgment:
But if there is attachment on a res, even if personal action,

there can be service by publication
o So for an unknown party who the plaintiff wants to
summon, he can move for preliminary attachment of
that unknown persons property first so that the action
is converted to quasi in rem or in rem
But just because publication is allowed, personal service is still
preferred
Proof of publication 2 affidavits:
o Of publication + copy
o Of depositing it for mailing to defendant
Distinguish:
Sec 14 mere publication is enough

Sec 15 there must be service in the last known residence
Sec 16 any of those in 15; substituted service allowed if w/
impossibility
Important: all technicalities are moot, if there is voluntary

appearance
But Rule 9, Sec 1 governs: all grounds not raised deemed

waived (so defective summons cannot be raised)
All proceedings from defective service are null and void

(Spouses Mason)
Codal:
Publication: only for in rem or quasi-in-rem (Gomez v CA)
Filing of motion to dismiss is not deemed voluntary appearance

o Except lack of J over person of defendant
If there is motion for extension before motion to dismiss there
is already subjection to courts J
Sec 1
o
o
o
Sec 2
o
o
o
o
o
Clerk issues summons

To defendants
Upon:
Filing of complaint
& Payment of requisite legal fees
Directed to defendant
Signed by clerk
1. Name of court and parties
2. Direction that defendant answers within fixed time
3. Notice that if no answer, plaintiff takes judgment by
default
o ATTACH to original and each copy of summons:
Copy of complaint
Appointment of G.A.L. (if any)

Sec 3 served by:
o Sheriff
o Or Deputy
o Or other proper court officer
o Or any suitable person for justifiable reasons
Sec 4 return
o By server, within 5 days of service
o ORIGINAL SUMMONS
Return to issuing clerk
With proof of service

o COPY
To plaintifs counsel
Personally
Or registered mail
Sec 5 ALIAS SUMMONS
o Def: issued when the original summons did not produce
desired effect, and thereafter supercedes it
o TWO SITUATIONS
o 1. Return of summons without it being served on any
or all defendants
Additionally, copy of return given to plaintifs

counsel
State reason for failure to serve
Within 5 days
o 2. Summons has been lost
Sec 6
o Preferred: service in person
o If he refuses tender it to him
Sec 7 substituted service
o If it cannot be served within reasonable time as
provided:
o 1. Leave copies of summons at defendants residence
with person of suitable age and discretion
o 2. Leave copies at defendants office with competent
person
Sec 8 entities without juridical personality
o Sued under name generally/commonly known
o Either:
1. All defendants
2. Person in charge of office where business is

maintained
o Service does not bind individuals who severed
connection before action with due notice
Sec 9 prisoners
o To officer with management of institution
o Deemed deputized as special sheriff for that purpose
Sec 10 minors and incompetents
o Personally and on G
If none, G.A.L. appointed applied for by

plaintiff
o Minor also can be to parent/s
Sec 11 corporation/organized association/partnership
o President, corporate secretary, treasurer
o Or managing partner, general manager
o Or in-house counsel
Sec 12 foreign private juridical entity which has transacted
business in the Philippines
o Resident agent
o Or if none, government official provided by law
o Or any of its officers/agents within Philippines
Sec 13 public corporations
o If RP: service effected on Sol-Gen
o Province, city, municipality, public corporations:
executive head/other officers as court may direct
Sec 14 upon defendant with unknown whereabouts
o Either:
1. Unknown owner
2. Whereabouts unknown and cannot be

ascertained by diligent inquiry
o Service may be by publication in newspaper of general
circulation or in such places and for such time
With leave of court

Sec 15 Extraterritorial service
o Defendant does not reside in Philippines and is not
found in the Philippines
o Affects:
1. Personal status
2. Property in Philippines where defendant has

actual or contingent interests and relief will
exclude defendant from interest or property
attached
o Methods:
1. Personal service
2. Newspaper of general circulation in such

places and for such time as court may order
3. Registered mail send summons and order

of court to last known address
o Reasonable time to answer: not less than 60 days
Sec 16 residents temporarily out of Philippines
o May be effected as in prior section
Sec 17 LEAVE OF COURT
o 1. Motion in writing
o &2. Supported by affidavit stating grounds
Sec 18 Proof of service
Made in writing by server
Manner, place, date of service
Papers which have been served with process
Name of receiving person

o Sworn to IF made by person other than sheriff or
deputy
Sec 19 Proof of service by publication
o Affidavit of printer/foreman or principal
clerk/editor/business or advertising manager
o Attach copy of publication
o Affidavit showing deposit of copy of summons and
order for publication in post office
Postage prepaid
Directed to defendant by registered mail last

known address
Sec 20 voluntary appearance
o Equivalent to summons
o NOT A VOLUNTARY APPEARANCE: inclusion in motion to
dismiss of other grounds aside from lack of J
o
April 2008 onwards: motion day is always Friday afternoon

If holiday, next working day
Omnibus motion:
Motion attacking pleading/order/judgment/proceeding

Include all objections available
Motion to admit pleading/motion: attach the pleading/motion

Codal:
Sec 1
Sec 2
o
o
Sec 3
o
o
o
RULE 15 MOTION
Class notes:
Motions are not pleadings
But not claims/defenses

Only reliefs
Secs 4-7 important:
4: there should be a notice of hearing

o If there is none, its a mere scrap of paper
o Address to the other party
o Notice of setting: to the clerk
o No notice of hearing required if it will not prejudice
other partys right but to be sure, file notice anyway
Motion served to other party at least 3 days before hearing
Hearing must not be later than 10 days from motion
Motion day:
Sec 4
o
application for relief other than by pleading

must be in writing
Except those made in open court
Or in course of hearing/trial
State relief sought
Grounds
If required or necessary accompanied by supporting
affidavits/papers
Default rule: hearing required
Unless court may decide upon it without

prejudicing other party
o WRITTEN MOTIONS REQUIRED TO BE HEARD notice of
hearing to defendants
Ensure RECEIPT at least 3 days before hearing
Unless shorter, for good cause

Sec 5 Notice of hearing to all parties concerned
o Time and date of hearing
o Date not later than 10 days of filing of motion
Sec 6
o No written motion acted upon without proof of service
Sec 7
o All motions scheduled on Friday afternoons
Unless needing immediate action
If Friday is non-working day afternoon of next

working day
Sec 8 Omnibus motion
Motion attacking pleading, order, judgment,
proceeding include all objections then available
o Else, waived
Sec 9 motion for leave to file a pleading or motion
o ATTACH pleading or motion sought to be admitted
Sec 10 Form
o Rules re: pleadings apply to written motions (caption,
designation, signature, matters of form)
o
Other grounds:
RULE 16 MOTION TO DISMISS

Class notes:
Grounds in Sec 1:
Only time when defendant can seek dismissal of the case

But can also be used as affirmative defense
But other affirmative defenses cannot be used to dismiss a
case
GENERAL RULE: grounds can be waived

What cannot be waived:
1. Lack of J over SM
o Provided by law
o Can be raised anytime
2. Prescription
3. Res judicata
o 1. Previous FJ
o 2. J over SM and parties
o 3. Judgment over merits
o 4. Identity of parties, SM, cause of action between first
and second actions
4. Litis pendentia
o Another action pending for same cause between
parties
o Test of forum shopping is either R.J. or L.P.
o Jurisprudence raise forum shopping at earliest
opportunity
BUT not waivable, because forum shopping is

still essentially R.J. or L.P., which can be raised
until the end
Venue improperly laid

o Rule 4 is general rule
o Except when parties agree to a venue
o The rule 4 venues still apply
o EXCEPT if the stipulation has words of exclusivity
o Or if the law provides otherwise
o Waiver of wrong venue allowed
o Court cannot dismiss motu propio
No legal capacity to sue
o Ex. minor sues on his own
o Ex. corporation must be regged in SEC and duly
organized in Philippines
Pleading asserting the claim states no COA
o Different from no COA at all
o This ground applies if the pleading is filed against
wrong party (not real party in interest)
o Lack of COA can be raised even after an answer
o If there was already presentation by plaintiff of
evidence, it becomes a demurrer
Unenforceable under Statute of Frauds
o Must have written memorandum
Condition precedent for filing
o And did not comply
o Admin case/quasi-judicial need to pursue admin
processes first
Payment/waiver/extinguishment/abandonment
Hearing:
Ordinarily, not heard as hearing but some just ask questions

and give time to respond
If no cause of action no need to present evidence
Motion to dismiss is not an affirmative defense per se
But can be used as affirmative defense in answer

But there can be no combination of motion to dismiss and
affirmative answer
Discretion of court:
Dismiss action
Dismiss motion
Order amendment
Allowing grounds for motion to dismiss to be raised as affirmative

defenses:
In line with court policy to join pleadings

So the court is encouraging to have affirmative defenses with
the grounds for dismissal
ONLY IF THERE IS NO MOTION TO DISMISS will the court hold a
preliminary hearing on grounds cited
o As if there were a motion to dismiss filed
Codal:
Sec 1 Grounds
o 1. Court has no J over defending partys person
o 2. Court has no J over subject matter
o 3. Venue improperly laid
o 4. Plaintiff has no legal capacity to sue
o 5. Litis pendentia
o 6. Res judicata/prescription
o 7. No cause of action
o 8. Claim/demand paid, waived, abandoned,
extinguished
o 9. SoF
o 10. Condition precedent for filing claim not complied
with
o Before filing answer to complaint or pleading asserting
claim
Sec 2 hearing of motion
o Qs of law: submit arguments
o Qs of fact: submit evidence
Except those unavailable at the time

If trial proceeds, evidence presented automatically part
of evidence
Sec 3 resolution of motion
o Court may:
Dismiss action/claim
Deny motion
Order amendment of pleading

o Ground not indubitable court cannot use this act
reason to defer resolution
o Resolution should state clearly/distinctly reasons
therefor
Sec 4 time to plead
o Motion denied: file answer within balance of period
but not less than 5 days
From receipt of notice of denial

o Pleading amended: file answer within period under
Rule 11 from service of amended pleading
UPO by court
Sec 5
o What cannot be re-filed:
Prescription
Extinguished
Res judicata
SoF
o Subject to right of appeal
Sec 6 if no motion to dismiss filed
o Can still use any of the grounds as affirmative defense
o Courts discretion: preliminary hearing as if motion to
dismiss filed
o Dismissal: without prejudice to prosecution of
same/separate action in counter-claim
o
END OF MIDTERMS COVERAGE
RULE 17 DISMISSAL OF ACTIONS
RULE 18 PRE-TRIAL
Sec 1 DISMISSAL UPON NOTICE:

o Notice of dismissal before:
Service of answer
Or motion for summary judgment

o Upon notice court issues order confirming dismissal
o Without prejudice
Unless stated in notice
BUT is an adjudication upon merits when filed

by plaintiff who once dismissed same claim in
competent court
Sec 2 DISMISSAL UPON MOTION:
o Except as provided above need court approval and
upon terms and conditions of court
o If with counter-claim prior to service of motion to
dismiss dismissal only to complaint
o Without prejudice to future counter-claim
File within 15 days from notice of motion

o Default: dismissal is without prejudice
o Class suits:
Cannot be dismissed/compromised without

approval of court
Sec 3 DISMISSAL DUE TO PLAINTIFFS FAULT
o Grounds:
1. Plaintiff fails to appear on date of

presentation of evidence
2. Failure to prosecute action for unreasonable

length of time
3. Failure to comply with rules/order of court

o Defendants motion can dismiss complaint or court
motu propio
o Considered adjudication upon merits
o Without prejudice to counter-claim
Sec 4 DISMISSAL of CC, XC, or 3PC
o Same provisions apply
o But before:
Responsive pleading
Motion for summary judgment served
Or if there is none, introduction of evidence at

trial/hearing
Sec 1 when conducted

o After last pleading served and filed
o Duty of plaintiff move ex parte that case set for pretrial
Sec 2 Nature and purpose:
o Possibility of amicable settlement
o Simplification of issues
o Necessity/desirability of amendments to pleadings
o Possibility of stipulations/admissions of fact to avoid
unnecessary proof
o Limitation on number of witnesses
o Advisability of preliminary reference of issues to
commissioner
o Propriety of rendering:
judgment on pleadings
summary judgment
ground for dismissal

o Advisability/necessity of suspension of proceedings
o Other matters for prompt disposition
Sec 3 notice
o Served to counsel
If no counsel: party
o Counsel charged with duty to notify party
Sec 4 Appearance of parties
o Appearance is a duty
o Non-appearance only excused if:
Valid cause shown
Or representative appears, authorized to:
Enter amicable settlement
Submit to alternative modes of dispute

resolution
Enter into stipulations/admissions of

facts/docus
Sec 5 Failure to appear
o Failure of plaintiff cause dismissal of action
With prejudice, unless ordered by court

o Failure of defendant plaintiff can present evidence ex
parte
Court can render judgment
Sec 6 Pre-trial brief

o File with court and serve to adverse party
Ensure receipt at least 3 days before pre-trial

date
o Contents:
Willingness to enter into amicable

settlement/alternative modes indicate desired
terms
Summary of admitted facts and proposed

stipulation of facts
Issues to be tried/resolved
Docus/exhibits to be presented
Manifestation of having availed/intention to

avail: discovery procedures/referral to
commissioners
Number and names of witnesses and

substance of testimonies
o Failure to file pre-trial brief = same effect as failure to
appear at pre-trial
Sec 7 Record of pre-trial
o Record proceedings
o Court issues PRE-TRIAL ORDER:
Matters taken up
Action taken
Amendments allowed
Agreements/admissions
o Order explicitly limits issues to be tried
Contents control unless modified to prevent manifest injustice
RULE 19 INTERVENTION
Class discussion: intervention may only happen in TRIAL,

although in CA and SC, the courts have discretion to allow
intervention
o File BEFORE rendition of TC judgment
o Attach pleading-in-intervention to motion and serve
Who may intervene:
o With legal interest in litigation
With interest in success of either of the parties, or

against both
o Would be adversely affected by distribution of property
in courts custody
With leave of court. Court will consider:
o If it rights can be protected in separate proceeding
o If intervention would prejudice original parties
File:
o Complaint-in-intervention (if he goes against either or
both) or
Has 15 day period to be answered too

o Answer-in-intervention (if he unites with defendant)
o
RULE 20 CALENDAR OF CASE
Assignment of cases EXCLUSIVELY by raffle

RULE 21 SUBPOENA
Subpoenas
o Subpoena ad testificandum require with him to
attend and to testify at the hearing/trial, investigation,
or taking of deposition
o Subpoena duces tecum BRING WITH HIM books,
documents, other things in his control
Who issues:
o 1. Court where witness must attend
o 2. Court where deposition will be taken
o 3. Officer/body conducting investigation
o 4. Any justice of SC/CA in any case/investigation
pending
Special rules on detainees:

o For subpoenas for detainees, the judge/officer must
examine application to see if it is for valid purpose
o For those under death/RP/life and confined must be
authorized by SC to appear under subpoena
Form and contents indicate:

o Name of court
o Title of action/investigation
o Directed to person required to attend
o (with duces tecum) reasonable description of things
Quashing a subpoena
o Ad testificandum
Witness not bound thereby
Witness fees and kilometrage not tendered
upon service of subpoena
o Duces tecum
Unreasonable/oppressive
Or relevance is not clear
Failed to advance reasonable cost of production

(the person in whose behalf the subpoena is
issued)
Proof needed for subpoena for depositions:
o Proof of service ENOUGH for clerk of court to issue
subpoena for person required to testify in a deposition
o BUT for duces tecum, there MUST be an order of the
court
Service
o Similar to summons
o Show original copy
o Tender fees for one days attendance and kilometrage
allowed by rules
Except if issued by/for the Philippines or any

officer/agency
o If duces tecum reasonable cost to produce books,
documents, and things must be tendered
Failed to attend:
o Court can have the witness arrested by sheriff and
brought to the court
o Witness pays for costs, if absence was willful and
unjustified
o Can be held in contempt, if there is no cause. If not
before a court, punished by applicable law/rules
o THESE RULES DO NOT APPLY IF:
Witness resides more than 100 KM from

residence to place where he is needed
Detainee, without permission of court where

his case is pending
RULE 22 COMPUTATION OF TIME
How to compute:
o Day of act/event commencing period excluded and last
date for performance included
If last day is Saturday/Sunday/holiday time runs until

next working day
Interruption:
o EXCLUDE day of the act of interruption from
computation of period
o Resume the day after notice is given of cessation of
interruptions cause
o
DISCOVERING EVIDENCE
Depositions Pending Action (Rule 23)
Kinds of Deposition Pending Action

o Oral Examination/Deposition
o Written Interrogatories
What to file to initiate deposition taking? (Sec 1)
o Before answer has been filed, there must be a motion
to take oral deposition or written interrogatories
o After answer has been filed, notice to take oral
deposition or written interrogatories
What is the scope and coverage of the deposition?
o Any relevant matter not privileged (Sec 22)
What are the uses of deposition? (Sec 4)
o 1. Contradicting or impeaching the testimony of
deponent as a witness
Impeach on a prior inconsistent statement

when he is called as a witness
o 2. Deposition of a party or of any one who at the time
of the taking of deposition was an officer, director, or
managing agent of a public or private corporation,
partnership or association which is a party may be
used by an adverse party for any purpose
o 3. For any purpose if:
Witness is dead (FOR AS LONG AS THAT DEPOSITION

WAS SUBJECTED TO CROSS EXAMINATION)
OR the witness resides more than 100 km from

the place of trial/hearing or is out of the
Philippines (RELATE: THE COURT COULD NOT COMPEL
100 KM
R 21,S10)
The witness is unable to attend/testify because

of age, sickness, infirmity, or imprisonment
Unable to procure attendance of the witness by

subpoena
Analogous circumstances
What is the effect of substitution of parties on right to use
depositions previously taken?
o WILL NOT AFFECT IT
o In a subsequent proceeding involving same subject
matter between same parties can be used
What is the effect of taking depositions?
o A party shall not be deemed to make a person his own
witness by taking his deposition.
What is the effect of using depositions?
o The deponent is made a witness of the party
introducing the deposition.
Before whom?
o Within the Philippines (Sec 10)
1. Judge
2. Notary Public
3. Parties can stipulate in writing that

depositions may be taken before any person
authorized to administer oath (EX. JUSTICE,
PROSECUTOR, OMBUDSMAN)
o In foreign countries (Sec 11)
1. Before a secretary of embassy or legation,

consul-general, consul, vice-consul, or consular
agent of the Republic of the Philippines
2. Person or officer as may be appointed by

commission (APPOINTMENT OF REPRESENTATIVE BY A
JUDICIAL BODY) or under letters rogatory
(COMMUNICATION BY ONE JUDICIAL AUTHORITY TO
ANOTHER COURT)
3. Person referred to in Sec. 14

Who are disqualified to take deposition?
o 1. Person who is relative by SIXTH degree of
consanguinity or affinity, employee, or counsel of any
of the parties
FROM THE PLACE OF TRIAL
2. Relative within the same degree or employee of the

counsel
o 3. Anyone financially interested in the situation
What are the grounds to oppose taking of deposition?
o Not relevant (Sec. 1)
o To protect party or witness from annoyance,
embarrassment, or oppression (Sec. 16 and 18); The
court
can deny
OR cut short
OR choose questions
Process of deposition (Sec. 17, 19, 20, and 21) (IF THERE IS
DEFECT IN THE PROCEDURE, THEN THERE CAN BE MOTION TO SUPPRESS
THE DEPOSITION. BUT IF THE DEPOSITION WAS TAKEN IN FRONT OF THE
JUDGE WHERE THE ACTION IS PENDING, THESE RULES CAN BE RELAXED.
AYALA CASE)
o Taking of testimony by stenographic notes
o Signing of the witness (CAN BE WAIVED, IF BOTH PARTIES
AGREE)
o Certification of the officer
o Placing in sealed envelope
o Filing in court
o Notice of filing
What are the effects of errors and irregularities?
o As to notice
General rule: waived
Unless promptly served to party giving notice

o As to competence or relevance of evidence
General rule: not waived
Unless the ground for objection is one which

may be obviated, or removed if presented
meaning if it can be corrected at this point in
time
o As to DQ of officer
Unless made before taking of the deposition

begins as soon thereafter as the DQ becomes
known
o As to oral examination and other particulars

o
THE APPEARANCE OF A WITNESS MORE THAN
Unless reasonable objection is made

As to form of written interrogatories
Unless served in writing upon the party

propounding them within the time allowed for
serving cross or other interrogatories ANY
OBJECTION SHOULD BE MADE DURING THE TIME THE

CROSS INTERROGATORIES ARE PREPARED
As to manner of preparation
Unless a motion to suppress the deposition or

some part thereof is promptly made
Depositions Before Action (Rule 24)
This superseded Rule 134

Who can apply?
O
A person who desires to perpetuate his own testimony
or that of another person
What to file?
O
Verified Petition
Where to file?
O
Place of residence of any expected adverse party or
defendant THIS PROVISION THUS HAS A SPECIAL RULE ON
VENUE, DIFFERENT FROM RULE 4
What are the contents of the petition?
O
Petitioner who expects to be a party
O
The subject matter of the expected action and his
interest therein
O
Facts which he desires to establish by the proposed
testimony and his reasons for perpetuating it
O
Names and description of the persons he expects will
be adverse parties and their addresses
O
Names and addresses of the persons to be examined
and the substance of the testimony he expects to elicit
O
Ask for an order authorizing the petitioner to take
depositions of the persons to be examined
Depositions Pending Appeal (Rule 24)
Who can apply?

O
Any party can perpetuate testimony for use in the
event of further proceedings
Where to apply?
O
In the court that rendered the judgment I LOST IN THAT
COURT AND IM TELLING THAT COURT THAT IM GOING TO TAKE
DEPOSITIONS?
When to apply?
O
At any time before judgment becomes final
What to file?
O
Motion upon notice and service
Contents:
O
Names and addresses of the persons to be examined
O
Facts and reasons
How deposition pending appeal are taken?
O
Under same conditions as depositions pending action
whether oral deposition or written interrogatories
What are the uses?
O
Under same conditions as depositions pending action,
specifically R23 S4
Interrogatories to parties
Any party desiring to elicit material and relevant facts from any
adverse parties under the same conditions as R1 S23
How to apply?
O
By filing and serving upon the adverse parties written
interrogatories
How many days to respond to written interrogatories?
O
Within 15 days after service
How many days to oppose the written interrogatories?
O
Within ten days after service
What is the effect of failure to serve written interrogatories?
O
A party not served with written interrogatories may not
be compelled by the adverse party to give testimony in
open court, or to give deposition pending appeal
O
ONE CANNOT CALL THE OTHER PARTY TO THE WITNESS STAND,
UNLESS WRITTEN INTERROGATORIES WERE TAKEN AGAINST THAT
OTHER PARTY.
THIS IS REALLY IMPORTANT.
AN ADVERSE PARTY WITNESS IS DIFFERENT FROM AN ADVERSE
PARTYS WITNESS. THIS SECTION CONTEMPLATES CALLING THE
OTHER PARTY TO THE STAND.
O
Exception: in the interest of justice
What is the scope and use of interrogatories under Rule 25?
O
The interrogatories may relate to any matter in R23 S2
and answers may be used for same purpose in R23 S4
What is the effect of failure or refusal to answer the written
interrogatories?
O
The case may be dismissed or they may be a judgment
by default
O
BUT IT MUST BE AN IMPORTANT OR MATERIAL FACT TO THE CASE.
Production or inspection of things or documents (Rule 27)
Admission by adverse party (Rule 26)
Who can apply?

o A party may file and serve upon any other party a
written request
Matters are covered by the request for admission: the
admission of the:
o Genuineness of any material and relevant document
MAKE SURE YOU ATTACH A COPY OF THE DOCUMENT
It is ONLY for the purpose of the pending action. It

shall not constitute an admission by him for any other
purpose nor may the same be used against him in any
other proceeding.
Can admission be withdrawn or amended?
o Under such conditions as may be just.
o
What to file?
O
Motion with notice to the other party
What are the contents of the Motion?
O
Request that an order be issued directing a party to
produce and permit inspection and copying or
photographing of any designated documents, papers,
books, accounts, letters, photographs, or object not
privileged
O
Requesting that an order be used allowing a party to
enter upon a land or property in the possession/control
of another to inspect, etc. TAKE NOT OF THIS
Physical and mental examination (Rule 28)
BECAUSE YOU ARE ASKING THE OTHER PARTY TO ADMIT

THE GENUINENESS OF THE DOCUMENT
o OR the truth of any material and relevant matter

When to apply?
o Any time after issues have been joined
O
UNLIKE THE OTHER REQUESTS ABOVE WHEN THE CASE IS PENDING
When to file a sworn statement or to oppose?
o Not less than 15 days after service
Effect of failure to file and serve request for admission?
o A party who fails to file and serve a request for
admission on the adverse party of material and
relevant facts at issue which are within the personal
knowledge of the latter, shall not be permitted to
present evidence on such facts (R26 S5)
O
THIS PENALTY WILL ONLY APPLY IF YOU REFER TO A FACT, NOT A
DO CUMENT.
What is the effect of an admission?
When can an examination be ordered?

O
In an action in which the mental/physical condition of a
party is in controversy
What are the modes to initiate the examination?
O
Court in its discretion (S1)
O
Motion for good cause and upon notice (S2)
Is the party examined entitled to a copy of the report or
examination?
O
YES. If requested by the party examined, the party
causing the examination shall delivery to the party
examined a copy of the detailed report of the
examining physician.
What is the consequence of the request and the subsequent
delivery of the report to the party examined?
O
The party causing the examination shall be entitled
upon request to receive from the other party examined
a like report, previously, or thereafter made, of the
same mental or physical condition. THIS IS POTENTIALLY
DANGEROUS
What is the effect of failure of a party examined to deliver his

other reports?
O
The court on motion may make an order requiring
delivery of the report and if the physician fails or
refuses to make such report the court may exclude his
testimony if offered at the trial. (S3)
Refusal to comply with modes of discovery (Rule 29)
What is the effect of refusal to answer?

o The applicant may secure an order to compel an
answer (S1).
o The deponent may be placed in contempt if he refuses
to be sworn in or to answer any question (S2).
What are the other consequences for refusal to answer or to
comply with an order under Rules 27 and 28?
o The court may:
o 1. Order that no facts shall be taken to establish the
purpose of the action.
o 2. Order disallowing the disobedient party to support or
oppose designated claims or defenses.
o 3. Order striking out pleadings or staying further
proceedings or dismissing the action or rendering
judgment by default
o 4. Order the arrest of a party disobeying the order
except an order to submit to a physical or mental
examination
What is the effect of refusal to admit under Rule 26?
o Secure an order requiring the other party to pay him
the reasonable expenses incurred in making such proof
(S4).
What are the effects of failure of a party to serve answers
under Rule 25?
o Pleadings may be stricken out, actions/proceedings
may be dismissed, or enter a judgment by default (S5).
TRIAL AND POST-TRIAL RULES

Rule 30 - Trial
To postpone trial because of absence of evidence:

o AFFIDAVIT showing:
Materiality of evidence
Due diligence in procuring it

o But if adverse party admits facts for which evidence
will be presented, the trial will not be postponed
To postpone trial because of absence of party/counsel
o AFFIDAVIT showing:
Presence of party/counsel is indispensable
Illness makes the absence excusable

Order of trial
o Plaintiffs evidence to support complaint
o Defendants evidence to support defense/CC/XC/3PC
o 3P defendants evidence to support defense/CC/XC/3PC
o 4P and so on
o Parties faced with a XC/CC present evidence in defense
o Parties present rebutting evidence
Unless court for justice allows evidence for

case
o Case deemed submitted for decision
Unless court directs parties to argue/submit

memoranda
The parties MAY just agree upon facts involved and submit
case for judgment EVEN WITHOUT evidence
o BUT cannot stipulate on what evidence contains and
ask for judgment just on that
Who receives evidence:
o General rule: judge receives
o But may delegate to clerk of court (member of Bar) if:
Ex parte
In default
Parties agreed in writing

o No power to rule on objections to
questions/admissibility of evidence submit report
within 10 days
o Clerk and subpoenas:
MAY issue subpoena ad testificandum
MAY NOT issue subpoena duces tecum unless
ordered by the court
Rule 31 Consolidation or Severance
Consolidation is different from joinder because here, the cases

are pending already, while in joinder, the cases have yet to be
filed
Actions need common question of law or fact
Consolidated in case with the lowest docket number
Rule 33 Demurrer to evidence
Rule 32 Trial by commissioner
Reference by consent:
o Written consent by both parties
o Any or all of the issues in case may be referred
Reference ordered on motion:
o When parties do not consent
o Either party applies or motu propio
o WHEN:
1. Trial requires examination of long account of

either side
2. Taking of account necessary for courts

information pre-judgment or to carry out
judgment
3. Question of fact arising upon a motion in any

stage of the case
Order of reference
o Commissioner reports on particular issues
o May issue subpoenas (both)
o May swear witnesses
o May rule upon admissibility of evidence (UPO)
Party fails to appear commissioner MAY:
o Proceed ex parte
o Adjourn to a later day
If witness refuses, it is considered contempt of court
Objection to reports:
o 10 days after notice by clerk of filing
o Objections based on grounds already available during
proceedings before the commission NOT considered by
court
unless made before the commissioner
Other than conclusions and findings

Court may adopt/modify/reject the report
BUT if parties stipulate that the commissioners findings of fact
are FINAL, only questions of law considered by court
Ground: when after presenting evidence, plaintiff has not

shown right to relief
Motion granted
o Dismiss complaint
o Remedy of plaintiff is appeal
Motion denied
o Movant has right to present evidence
o Denial interlocutory and NOT appealable
Motion granted but reversed on appeal
o Movant deemed to have waived right to present
evidence
o Order of the court is adjudication on the merits
Need not ask for leave of court (unlike criminal cases)
Rule 34 Judgment on the Pleadings
Upon motion or court motu propio decision based on the

pleadings alone, with no need to receive evidence (c.f. default,
where decision still based on evidence)
Grounds:
o Answer fails to tender an issue
o Answer admits material allegations of the adverse
partys pleading
Except:
o Declaration of nullity of marriage
o Annulment
o Legal separation
Rule 35 Summary judgments
When one may move for summary judgment:

o Plaintiff/XC/CC/declaratory relief after answer
o Defendant any time
Ground: when there is no genuine issue or controversy as to a

material fact
o Available ONLY in actions to recover a debt, liquidated
sum of money, or for declaratory relief
o Not genuine: issues that are sham, contrived, set up in
BF, patently unsubstantial
Timing:
o Motion served at least 10 days before hearing
o Affidavits/depositions/admissions by adverse party at
least 3 days before hearing
Trial conducted on genuinely controverted facts only
Affidavits in bad faith: court orders that party to pay the other
party the reasonable expenses which the filing of the affidavits
caused him to incur
Rule 36 Judgments, final orders, and entry thereof
Judgment on merits/final order:

o In writing
o Personally and directly prepared by the judge
o State clearly and distinctly the facts and law upon
which it is based
o Signed
o Filed with clerk of court
HOWEVER, even if the judge who signed was NOT the one who
heard the case or wrote the decision (as long as he reviewed
it), it is VALID
Memorandum decision: judgment/final resolution adopts by
reference findings of facts/conclusions of TC decision
A FINAL judgment may not be modified unless:
o To correct clerical errors
o To clarify ambiguities in the decision
o When judgment is void
o In judgments for support can be amended from time
to time
Attack on judgment
o Before finality
Appeal
MNT
MR
After finality
Relief from judgment
Annulment of judgment
Petition for certiorari

Several judgments
o If there are several parties
o Liability of each much be separate and distinct i.e.
not if liability is solidary
o Court proceeds against the others
Separate judgments
o If there are several claims
o Action proceeds with regard to other claims
o
Rule 37 MNT/MR
Grounds for MNT:

o FAME
o Newly discovered evidence
Cannot have been discovered with reasonable

diligence
Discovered after
Would probably alter the result

o ** there can be two MNTs, as long as the 2nd MNT is on
grounds not existing in first MNT
Grounds for MR:
o Excessive damages
o Insufficient evidence to justify decision
o Decision contrary to law
Procedure:
o In writing + grounds
o Give NOTICE to adverse party (like motions in Rule 15)
o Attach:
For FAME affidavits of merit
For new evidence affidavits of prospective

witnesses/documents
For contrary to law point out specifically the

findings/conclusions contrary to law
For insufficient evidence identify the evidence

contrary to findings
o If pro forma: WILL NOT TOLL THE PERIOD
Failure to comply with above: pro forma
Effect of granting MNT:

o Trial de novo
o But recorded evidence from prior trial, if relevant, may
be used in NT without retaking the same
There can be partial grant of MNT/MR if the issues are
severable
o The court may enter judgment/final order as to those
not covered by the NT or MR
Remedy against denial of MNT/MR
o NOT APPEALABLE
o Remedy is appeal from judgment/FO
Rule 38 Relief from Judgments, orders, or other

proceedings
Relief from judgment

o Grounds: FAME
o Must be filed by a party in a case
o Provide an affidavit showing FAME
Relief from denial of appeal
o Grounds: FAME prevented from taking an appeal
o Provide an affidavit showing FAME
Time (for both reliefs)
o Within 60 days from knowledge of the judgment/FO
o BUT NOT MORE THAN 6 months after judgment/FO
entered
Order to file an answer
o Within 15 days from receipt of order
Preliminary injunction
o Court may grant one to preserve rights of the parties
o Petitioner must issue a bond in favor of adverse party
o Injunction does NOT discharge/extinguish any lien of
the adverse party over the petitioners property
Effect, if the petition stands:
o Petition for relief from judgment
The judgment/FO will be deemed as if unissued
Proceed with trial as if a MNT/MR was granted

o Petition for relief from denial of appeal
Appeal given due course
Rule 39 Execution, satisfaction, and effect of judgments
Execution as a matter of right on motion if:
Judgment/order disposing of the action
Expiration of period to appeal and there was none
Appeal perfected and resolved:

o Judgment obligee:
Motion to origin court
CTC of judgment
Notice to adverse party

o Appellate court:
May direct origin court to issue writ
If interest of justice requires

Exceptions to above rule where remedy is certiorari (R65)
Rebus sic stantibus
Writ varies judgment
Controversy never submitted for judgment
Execution against exempt property
Terms of judgment not clear
Writ has substantial problems

Exceptions to rule that judgment cannot be modified:
Clerical errors/mistakes
Clarify ambiguity
Nunc pro tunc orders (make present record of order rendered in

previous term but not entered by inadvertence)
Execution as matter of discretion:
Execution of judgment/FO pending appeal

o If TC has lost J file with appellate court
o Else, with the TC
o for good reasons
Execution of several, separate, or partial judgments
Stay of DISCRETIONARY EXECUTION:
Judgment obligor files a supersedeas bond
But if judgment sustained, the bond may be proceeded

against on motion to surety
IF REVERSED after execution:

o Trial court on motion may order
restitution/reparation
Judgments not stayed by appeal:
Injunction
Receivership
Accounting
Support
Other judgments declared to be immediately executory
To clerk of court/fiduciary account in

government depository bank of RTC of
locality if obligee not present
Lawful fees to clerk of court within same day
EXECUTION:
Within five years from entry BY MOTION
After five years but before prescription BY ACTION
Same rules for revived judgments

In case of death of a party:
Death of judgment obligee:

o Application of X/A/successor-in-interest
Death of judgment obligor, and judgment is for recovery of

real/personal property:
o LIEN over property
Death of judgment obligor, after execution levied upon the

property:
o SOLD for satisfaction of judgment
o Excess returned by officer to X/A
Contents of writ of execution:
Name of RP from court which granted the motion
State name of court, case number, title, and dispositive portion
Require sheriff/officer to enforce
Will state manner of execution (against property, sale,

delivery) with interest, damages, and other costs indicated
EXECUTIONS:
Judgments for money

o Obligor pays in cash, certified bank check payable to
obligee, or any other form of payment acceptable to
latter
o Cant pay in PN, because it creates new obligation
o Turn over:
Amount of judgment debt:
To obligee if present
By levy
o If cannot pay in cash/CBC/acceptable form of payment
o Choice of property:
Priority to what the obligor chooses
If he does not, sheriff chooses REAL or

PERSONAL property but personal first
o Sell only enough to satisfy fees
Garnishment of debts and credits
o Levy on personal property not capable of manual
delivery (debts, credits, deposits, financial interests,
royalties, etc.)
o Procedure:
Serve notice of garnishment to those having

control/possession of credits to which obligor
entitled
If more than one garnishee, obligor

picks which one
Garnishee makes written report within 5 days

w/n there are enough credits
Garnished amount delivered to obligee

Judgments for specific act
o Conveyance of property or delivery of documents of
title and failure to do so:
Court may compel other person to do the act
At cost of obligor
Or court may order title to be divested to some

other party has effect of delivery/conveyance
o Sale of property: court may sell it and apply proceeds
to judgment
o Delivery or restitution of real property:
Officer demands all persons to peaceably

vacate within 3 working days and restore
possession to judgment obligee
Otherwise, oust persons through peace officers
Rents, damages, costs, etc. executed in same

manner as judgment for money
Removal of improvements on property subject to
execution
Officer cannot destroy these improvements
Except by special order of the court
Upon obligees motion and after due

hearing
After obligor has failed to remove the

same within reasonable time
o Delivery of personal property
Officer takes possession of it and delivers to

the party
Special judgments
o Indicate in writ what needs to be done
o If party refuses, contempt
o
Rules on levy on execution
As to third persons: their existing liens and encumbrances

persist
Property exempt from execution:

o Family home, homestead, and land used for these
o Tools of trade/employment
o 3 beasts of burden, selected by obligor, used in
occupation
o Necessary clothing and personal items, EXCEPT jewelry
o Furniture and household items, not exceeding 100K
o 4 months worth of provisions
o Professional libraries and equipment, not exceeding
300K
o One boat and accessories for fishermen, not exceeding
100K
o 4 months wages to support family
o Lettered gravestones
o Life insurance, annuities, etc
o Right to receive legal support and government
gratuities
o Exempt properties
o BUT these are NOT EXEMPT if:
the abovementioned were mortgaged
there is judgment for recovery of its price
Return of writ of execution

o When judgment satisfied in full return to court
o
o
Writ in effect for FIVE years (when it can be enforced

by motion)
When judgment not satisfied:
After 30 days, and every 30 days thereafter,

the officer reports to court on status
Copies furnished to parties
Sale of property on execution
Notice of sale of property on execution:

o Written in notice in place where sale is to take place 3
public places:
Perishable property depending on character

of property
Personal property at least 5 days
Real property 20 days
Describe property
If value more than 50K, publish for 2

consecutive weeks in newspaper
o Give written notice to obligor
Same manner as personal service of pleadings
At least 3 days before sale
Give details of sale (not earlier than 9 am or

later than 2pm)
o Where sale is:
For real property and property that cannot be

manually delivered: in office of clerk of court
For personal property: where it is found

Where property claimed by third person:
o 3rd person makes affidavit stating title thereto and
serve to officer
o Officer not bound to keep property
UNLESS obligee gives supersedeas bond
Can only recover against the bond for

keeping of property AFTER 120 days
from date of filing
But no bond required if the obligee is

the Republic of the Philippines
This would indemnify third party not less than

value of property
If value disagreed upon, court sets

Officer not liable for keeping property if bond
filed
o Separate actions allowed:
3rd person may still vindicate his claim to the

property in a separate civil action
Obligee may file suit against 3rd party for a

frivolous claim
Penalties:
o Officer selling without notice:
5K to person injured
Plus actual damages (in same action)

o Person willfully removing/defacing notice, before
sale/satisfaction of judgment
5K to person injured
Plus actual damages (in same action)
NO SALE if the obligor pays the amount required + costs

incurred
Manner of sale:
o Public auction
o After amount satisfied, no more sale return the
property to the obligor
o
Property with several lots sell separately
o Obligor can direct order of sale
o Officer and his deputies cannot purchase or become
indirectly interested in the purchase of properties
Refusal to pay:
o Officer may sell to another person
o OR the court may order payment, and punish for
contempt if he fails
o Give to obligee, unless there was full satisfaction give
to obligor
If judgment obligee was the purchaser:

o Need not pay amount if it did not exceed amount of
judgment
o If so, he pays only taxes
REDEMPTION of real property sold
Who may redeem:

o Judgment obligor or successor-in-interest
o Junior mortgagee (redeeming creditor)
May redeem within 1 year from date of registration of

certificate
Give notice to officer who made sale and file duplicate with
ROD
Pay purchaser the amount
o Plus 1% interest/month
o If junior mortgagee/creditor also pay the amount of
the lien
For creditors may be redeemed again and again, until 1 year
o Plus 2% interest/month
o Pay the amount of the prior redemption
BUT if the obligor redeems, no subsequent redemption allowed
Actions pending redemption
o The court may issue injunction to restrain commission
of waste on the property on application by judgment
obligee or purchaser
What is not waste:
Continuing to use it in same manner in which it

was previously used
Ordinary course of husbandry
Necessary repairs to buildings

o RENTS:
Belong to the judgment obligor under period of

redemption expires
When purchaser entitled to conveyance/possession of property:
o When 1 year has elapsed without redemption
o 60 days after the last redemption of a creditor
Although still respect the 1 year period of the

judgment obligor
o ** but take into account rights of third party possessors
or mortgagees/creditors
Where purchaser loses possession/right over property and
remedies:
o GROUNDS for purchaser to lose possession/right over
property:
Irregular proceedings
Judgment reversed/set aside
Property sold exempt from execution
Third person has vindicated his claim to

property
o
Remedies:
Motion/separate action to recover price paid

with interest
Motion have original judgment revived in his

name, for whole price with interest (same force
as original judgment)
Examination of judgment obligor
Failure to satisfy judgment obligee may compel court to issue

order examining obligor to be examined regarding his property
and income
Court may also require obligor of judgment obligor to be

examined:
o Upon proof that he/she/it is indebted to him
o Service of order shall bind all credits due
o Payment by obligor of judgment obligor shall satisfy
the judgment
o If the obligor of the obligor denies the debt or claims
interest in the property:
Court may authorize the obligee to institute

action against the obligors obligor
And seek prevention of disposition of interest

within 120 days
And punish disobedience of order as contempt
May punish for contempt for failure to appear

Satisfaction rules:
Court may order installment payments if current income and

expenses of the judgment obligor looks sufficient to support
family
o Failure without good excuse: indirect contempt
Remedies during pendency

o Court may appoint receiver to prevent waste/abuse of
property
Receiver may be allowed by court to sell the

property IF:
1. There is real property in the place

where proceedings
2. The judgment obligor has an interest

in it (mortgagor/mortgagee/whatever)
3. AND INTEREST CAN BE ASCERTAINED

WITHOUT CONTROVERSY
o Or forbid transfer/interference of properties not exempt
from execution
EFFECT OF SATISFACTION OF JUDGMENT BY CLERK OF
COURT
o Entered by clerk of court in court docket and in
execution book WHEN:
o 1. Upon return of writ of execution showing full
satisfaction
o 2. Admission to the satisfaction of obligation by the
judgment obligee/counsel
Upon execution/satisfaction obligor MAY

compel the obligee to admit/endorse admission
as to satisfaction
o 3. Endorsement of such admission by the judgment
obligee on the face of the record of judgment
Effect of judgments and final orders:
1. Against a specific thing, will/administration,

condition/status/relationship of person:
o CONCLUSIVE upon that thing, etc.
o Although probate of the will is only prima facie
evidence of death of testator/intestate
2. With respect to matter directly adjudged as could have been

raised in relation to:
o CONCLUSIVE between parties and successors in
interest by title
o Litigating over same thing and under same title and
capacity
o RES JUDICATA
3. Any other litigation between the same parties/successors,

what is ACTUALLY AND NECESSARILY INCLUDED therein is
conclusive
o PRECLUSION OF ISSUES/CONCLUSIVENESS OF
JUDGMENT
Effect of foreign judgments:
With regard to specific things: CONCLUSIVE
Against persons: PRESUMPTIVE EVIDENCE of right between

parties
o Ex. examining probate of will: can be done even if
person is still alive so in this case its only
presumptive
Judgment/final order may be repelled by:
o Want of jurisdiction
o Want of notice to party
o Collusion
o Fraud
o Clear mistake of law or fact
ALL ABOUT APPEALS

ORDINARY APPEAL (notice of appeal)
When:
o MTC RTC
o RTC (orig. J) CA
Within 15 days after notice of judgment/FO

o Exception: habeas corpus case 48 hours
Notice on appeal: give notice to MTC

o Filing = perfection
o Court loses J over case upon perfection of appeal and
expiration of time to appeal of the other parties
No extension
Procedure upon reaching next-level court:

o After given notice of receipt of record, appellant
submits within 15 days a memorandum
Failure to file memorandum here ground to

dismiss
o Within 15 days after appellee receives appellant
memorandum, appellee may file own memorandum
ORDINARY
When:
o
o
Time
o
o
APPEAL (record on appeal)

Special proceedings
Multiple appeals
Within 30 days if record on appeal
Interrupted by MNT/MR but no extension
Contains sequential arrangement of memoranda

o Appellee can object within 5 days from receipt if there
are omitted matters
o If the court orders amended to include omitted
matters, the appellant has 10 days (or as provided) to
amend
Perfected upon approval by court
o Court loses J over SM only upon approval of records on
appeal and expiration of time to appeal of the other
parties
Appeal from orders dismissing case w/o trial
If appeal is taken on order of lower court dismissing case

without trial on merit, RTC may:
o Affirm
If dismissal is affirmed, and ground is LACK OF

JURISDICTION: RTC tries case as if originally
filed there, IF it has J
o Reverse remand for further proceedings
If lower court tried case w/o J over the SM:

o RTC, on appeal, will not dismiss the case IF it has
original J
o Decide case according to appeals procedure above
Where there can be no appeals:
1. Order denying petition for relief
2. Interlocutory order
3. Order denying appeal
4. Order denying motion to set aside judgment by 5.
consent/confession/compromise on ground of vitiation of
consent
5. Order of execution
6. Judgment/final order on a separate or several claim, when the
main case is still pending, UNLESS court allows appeal
7. Order dismissing action without prejudice
BUT ONE MAY file appropriate special civil action:

certiorari/prohibition/mandamus
Dismissal of appeal
May be:
o motu propio
o or upon motion
Grounds:
o Non-payment of docket fees and other lawful fees
o Filed out of time
(Procedure in the CA for ordinary appeals)
Counsel and guardians ad litem automatically still the counsel

and guardians ad litem
Briefs
o Appellants brief
45 days from receipt of notice of clerk
7 copies + 2 copies served to appellee
CONTENTS:
Subject index
Assignment of errors
Statement of the case
Statement of facts
Statement of issues
Argument(s)
Relief
o Appellees brief
45 days from receipt of appellants brief
7 copies + 2 copies served to appellant
CONTENTS:
Subject index
Statement of facts or Counterstatement of facts
Argument(s)
o Appellants reply brief
20 days from receipt of appellees brief
Optional to answer points not in main brief

o BRIEFS ARE EXTENDIBLE if there is good and sufficient
cause ONLY
Special cases
o No briefs
o MEMORANDA 30 days, not 45
o Non-extendible period
PETITION FOR REVIEW
When:
o RTC (appellate J CA)
File in CA
o Perfection: filing + payment of fees
o RTC loses J upon the concurrence of above + expiration
of period to appeal by all other parties
o There will be stay of judgment/FO unless summary
procedure
Time
o Within 15 days from:
Notice of decision
OR denial of MNT/MR
o Extensions
One 15-day extension allowed
No second extension EXCEPT for most

compelling reasons
Contents
o Names, dates, errors/issues, judgment/FO
o CNFS
o Verification
o Explanation (if service done other than by personal
service)
Grounds to dismiss:
o Failure to pay fees
o No proof of service
o Failure to comply with requirements
COURT ACTION:
o Dismiss if:
1. Patently w/o merit
2. Manifestly for delay
3. Questions too insubstantial

o Require respondent o file comment, NOT motion to
dismiss within 10 days of notice
Thereafter, give due course or dismiss

o Give due course:
If there is prima facie finding by the CA that the

lower court committed a reversible error
Either oral arguments or submission of

memoranda w/n 15 days
APPEALS FROM QUASI-JUDICIAL AGENCIES TO THE CA
DOES NOT COVER NLRC decisions!
Can only be reviewed by CA on Rule 65, not this rule
(43) (St. Martins Funeral Homes)
Requirements are practically the same as Petition for Review,
but in addition, all copies are CERTIFIED TRUE COPIES
RTC has original J for intra-corporate disputes and rehabilitation
o Remedy for judgments on these fall under THIS rule
(43), because it is akin to exercise of Q-J power by the
RTC, to CA (2005 SC Circular)
o
PETITION FOR REVIEW ON CERTIORARI
When:
o Where only questions of law are raised/involved to SC
Time
o Within 15 days from notice of the judgment/FO or
denial of MNT/MR
o May grant one 30 day extension
May include other provisional remedies
Grounds to dismiss:
o Failure to pay docket fees
o No proof of service
COURT ACTION:
o Deny petition if:
Without merit
Prosecuted manifestly for delay
Questions raised are too insubstantial

o Grant only if there are special and important reasons
COURT OF APPEALS
Original cases
Original actions:
o Certiorari
o Prohibition
o Mandamus
o Quo warranto
CONTENTS
o Full names and actual addresses of pets and
respondents
o Statement of matters/case
o Grounds relied on for relief
(For Rule 65 C,M,P) When the judgment/FO received

and when MNT/MR denied (if applicable)
o Judgment/FO
o Proof of service
o CNFS
How J over respondent attained
o Service by court of order/resolution on initial action on
petition
o OR voluntary submission
ACTIONS BY COURT:
o Dismiss outright with specific reasons
o OR require respondent to file a comment within 10
days from notice
No comment court decides based on record

o MAY require hearings or reception of evidence
o
Annulment of judgment/FO/resolutions
ONLY available if the following are NOT available (!):

o MNT
o Appeal
o Petition for relief
o Other appropriate remedies
ONLY grounds:
o Extrinsic fraud
This ground not available if availed of in

MNT/petition for relief
OR could have been availed of
Period: 4 years from discovery

o Lack of J
Period: before barred by laches/estoppel
When
o RTC CA
o MTC RTC too!
COURT ACTION:
o Dismiss outright if no substantial merit
o Give due course if there is prima facie merit
Then issue summons to respondent
Then ordinary civil procedure arises
Effect of judgment:
o Set aside without prejudice to refilling in proper court
Suspend prescriptive period for refiling of
action from original action to finality of
judgment of annulment
EXCEPT if extrinsic fraud attributable to plaintiff

If extrinsic fraud, may just grant new trial
Motions:
No hearing or oral argument
Thus no need for notice of hearing for motions of CA & SC
Only require objections to be submitted within 5 days

GROUNDS TO DISMISS APPEAL
1. Failure to show on appeals face that it was taken within the
period fixed
2. Failure to file notice/record of/on appeal within period fixed
3. Failure to pay docket and other lawful fees
4. Failure to serve and file required number of copies
5. Absence of specific assignment of errors or page references in
the appellants brief (subject index, statement of case,
statement of facts, arguments)
6. Failure to correct/complete the record within time of court
order
7. Failure of appellant to appear in preliminary conference or
comply with court orders
8. Order or judgment is not appealable
9. ** ADDITIONAL: when mode of appeal improper
10. ** ADDITIONAL: when appeal withdrawn
a. Matter of right before appellees brief
b. Matter of discretion after
Judgment
When deemed to be submitted for judgment (deduce what is

applicable)
o Last pleading
o Termination of hearing
o Expiration of period for filing comment/pleading/brief
Required votes
o UNANIMOUS by default
o If not unanimous, raffle two judges to form a group of 5
majority vote
Harmless errors:
Those that did not affect substantial rights of the

parties
o Cannot disturb judgment/FO
Questions that may be decided
o Only those stated in assignment of errors
o Or closely related/dependent on an assigned error
o
MR and MNT
MR
o Within 15 days of notice of judgment/FO
o NO 2nd MR allowed
o Resolved within 90 days (different from TC, which is 30
only)
o Pendency causes stay of execution
MNT
o FAME is NOT a ground in MNT in CA!!!
o ONLY newly discovered evidence
o When: after perfected appeal AND before CA loses J
o Resolved within 90 days too
SUPREME COURT
Original cases
o C,P,M,QW
o HC
o Disciplinary proceedings against member of
judiciary/attorneys
o Cases affecting ambassadors, other public ministers,
consuls
Appeal:
o Only through petition for review on certiorari
o Except where there is death, reclusion perpetua, or life
imprisonment in criminal case
Grounds to dismiss appeal:
o 1. Failure to take appeal within reglementary period
o 2. Lack of merit in petition
o 3. Failure to pay docket fee
o 4. Failure to comply with requirements for proof of
service/documents
o 5. Failure to comply with SC order/circular/directive
with no just cause
6. Error in choice/mode of appeal
Thus dismiss appeal to SC by notice of appeal
Except death, reclusion, life
BUT if the petition for review on certiorari

contains questions of fact, then the SC may
refer it to the CA
o 7. Case is not appealable to SC
If there is deadlock en banc:
o Deliberate again
o Vote again
o If still deadlocked: dismiss motion/judgment or FO
stands
o
PROVISIONAL REMEDIES
Rule 57 Preliminary Attachment
Nature: a security, to protect right before opponent disposes of

the thing
Grounds:
1. Action for recovery of specified amount of money against one
about to depart the Philippines with intent to defraud
a. Except moral or exemplary damages
b. Arising from law, K, quasi-K, delict, quasi-delict
2. Action for money embezzled/fraudulently misapplied or
converted to own use by the public officer or one with fiduciary
capacity
3. Recovery of property unjustly/fraudulently concealed,
removed, or disposed to prevent its being found
4. Action against party guilty of fraud in contracting obligation or
performance
5. Action against party who removed/disposed property or about
to, to defraud creditors
6. Party who does not reside and is not found in the Philippines
Two ways:
Ex parte:
o Part of initiatory pleading no notice required
Cannot serve order yet not until there has been

summons (or with summons. EXCEPT WHEN:
Summons could not be served despite diligent

efforts
Temporarily absent resident
Non-resident
In rem or quasi-in-rem action
Motion:
o Pending action
o To court where action is pending/CA/SC
BUT the other party may give a bond equal to the value of
property sought to be attached to defeat it
Requirements:
Affidavit personally know fasts/some other person does,

showing cause, that there is no other sufficient security, that
the amount demanded is equal to demandable sum
Applicant bond which will be used in case the attachment

application is rejected, to pay damages to defendant and for
costs
Effect of attachment:
On debts/credits/etc these creditors are now liable to the

applicant
On estate of decedent does not remove power of

X/A/representative; just report to court; distribution: the
attached property goes to sheriff making levy
Discharge of attachment:
The person whose property was attached may file a cash

deposit or a counter-bond (if specific property attached, value
of that property)
If insufficient, and no new counter-bond given, the attaching

party may apply for a new attachment
Other grounds to discharge:

o Irregularly issued or enforced attachment
o Bond insufficient
o Attachment excessive only excess discharged
and defect was not cured yet
3rd person makes affidavit stating title thereto and serve to

officer
Officer not bound to keep property

o UNLESS obligee gives supersedeas bond
Can only recover against the bond for keeping

of property AFTER 120 days from date of filing
But no bond required if the obligee is the

Republic of the Philippines
o This would indemnify third party not less than value of
property

o Officer not liable for keeping property if bond filed
Separate actions allowed:

o 3rd person may still vindicate his claim to the property
in a separate civil action
Obligee may file suit against 3rd party for a frivolous claim
When judgment enforced:
First, that which is attached will be used to satisfy judgment
Then, if there is deficiency, ordinary execution
If there are debts owing in favor of the party with attached

property, the sheriff may collect from them
Return the excess to judgment obligor
IF there is counter-bound, go against it

o Sureties to counter-bond also liable
Damages: applies to all provisional remedies, except support

o Can draw from the bond
o As long as not yet final and executory
Rule 58 Preliminary injunction
Note: there can be ordinary civil action for injunction too, but
this rule talks about injunction as a remedy
Nature: order granted at any stage of action prior to
judgment/final order, requiring a party/court/agency from doing
an act
o If it requires instead of prevents, then it is a
preliminary mandatory injunction
Issued by the court where action is pending (if in

SC/CA, may be issued even by just a member)
Requisites:
1. Clear and unmistakable right (Greenfields v Medina)
2. Would cause breach to applicant
3. Would result to grave or irreparable injury
a. Thus, cannot be given a monetary value
Requirements:
Application showing facts
Give bond
Contemporaneous service of summons (if initiatory pleading)

o Unless cannot be served even with diligent efforts,
temporarily absent, or nonresident
Summary proceeding (sampling of evidence) to establish

prima facie right within 24 hours
3 types of TRO:
General rule needs notice and hearing
Great or irreparable injury court may issue ex parte TRO (for

20 day period)
o Within 20 days, party must disprove why there should
be no injunction
Matter of extreme urgency

o EXECUTIVE JUDGE (multi-sala) or judge (single-sala)
may issue TRO (for 72 hour/3 day period)
o Summary hearing w/n the 3 day period should be
extended
o BUT the total should not exceed 20 days (including the
72 hours)
Special time periods:

o If CA issued TRO effective for 60 days
o If SC issued TRO effective indefinitely unless directed
otherwise
BUT decide main case within 6 months, if there is preliminary

injunction! (to prevent lazy judges from letting a case with a PI
run stale)
Grounds to deny:
Shown to be insufficient
Denied/dissolved upon affidavits of party enjoined

Denied/dissolved if it appears that the party enjoined will suffer
irreparable damage and the applicant may be fully
compensated for damages
o And the party enjoined files a bond
May be modified, if extent is too great
Insufficient bond may be challenged by the adverse party
o But if bond of the other party also insufficient, the
injunction may be restored/applied
o Tranquil: but insufficiency of bond cannot discharge
what was granted
Receiver may do acts as if he had title to the property

(transfer, keep, collect rents, compromise, file/defend actions
in own name, etc.)
o But investment of funds needs court order upon written
consent of all parties to action
Refusal to transfer to receiver contempt and liable for
damages
Termination:
o Court motu propio or upon application by either party
o Settle accounts, deliver property to rightful party
o Give reasonable compensation to receiver
Rule 59 Receivership
Rule 60 Replevin
Intent: to preserve
ONLY provisional remedy that can be asked after judgment is
final and executory
Need to file bond
o To compensate in case claim is frivolous
o If insufficient bond, then it may be challenged
o BUT if the bond of the other party is also insufficient,
then receivership may be appointed/re-appointed
Counter-bond by other party to deny/discharge receivership
Receiver ALSO gives bond and says oath
Grounds:
1. When the property is in danger of being lost, removed, or
materially injured
2. In action for foreclosure of mortgage, when the property is in
danger of being dissipated, value might be made insufficient to
discharge the mortgage debt, or parties have stipulated
3. AFTER JUDGMENT, to preserve property during appeal
pendency
a. Appellate court may allow court of origin to hear
receivership application
4. Other cases where appointment of receiver most convenient
and feasible means to preserve (catch basin)
Effects:
Can ONLY be filed anytime before answer

Nature: if prayer is recovery of personal property replevin is
order to deliver property to him
o VERY SPECIFIC: can only recover that property
The court:
o Determines who deserves possession of property
o AND EITHER:
Compels delivery of the property
Or its value, if there can be no delivery made
Requirements:
1. Affidavit:
a. Show that he is owner of property and entitled to
possession
b. Show that property is wrongfully detained by other
party
c. Show that property was not seized for tax
assessment/fine under law/under execution or
attachment/custodia legis
d. Show actual market value
2. Bond
a. Double the actual market value stated
b. Counter-bond: ALSO double the value
3rd person makes affidavit stating title thereto and serve to

officer
Officer not bound to keep property

o UNLESS obligee gives supersedeas bond
Can only recover against the bond for keeping

of property AFTER 120 days from date of filing
But no bond required if the obligee is the

Republic of the Philippines
o This would indemnify third party not less than value of
property

o Officer not liable for keeping property if bond filed
Separate actions allowed:
o 3rd person may still vindicate his claim to the property
in a separate civil action
Obligee may file suit against 3rd party for a frivolous claim
Rule 61 Support Pendente Lite
Before final judgment/order

Procedure:
o Application: show financial condition of parties +
supporting evidence
o 5 days for adverse party to give comment (verified +
supported by evidence)
o Within 3 days after, hearing done
o Court gives ORDER stating support given, amount, etc.
Enforcement of order:
o Adverse party that fails to comply with order court
motu propio or upon motion may issue order of
execution
o OR if a third person advances support, may ask
reimbursement
In criminal cases:
o Court may ask the accused to provide support pendent
lite to the child born to the offended party allegedly
because of the crime
o If civil aspect was not waived/reserved/instituted
prior
o Who can file: offended party, parents, grandparents,
guardian, State
Restitution in case court finds that supporter is not liable

o Order recipient to return
o Without prejudice to right of supporter to ask
reimbursement from the party actually liable
SPECIAL CIVIL ACTIONS

Rule 62 Interpleader
Nature:
o Conflicting claims over same subject matter and
person initiating interpleader HAS NO INTEREST
whatsoever over the subject matter
o Compel the parties to litigate their claims
Any party may file motion to dismiss
o Due to impropriety of interpleader as action
o Or any other grounds in Rule 16
Filing fees paid by complainant
o Treat as lien on judgment
Rule 63 Declaratory relief and similar remedies
Jurisdiction: RTC has jurisdiction. SC does not, except when

couple with an issue of constitutionality.
Tranquil: NO breach, and need imminence (Social Justice
Society v Velarde)
Who may file:
Any person interested under written instrument or whose

rights are affected by statute
Before breach or violation thereof

o If there is breach during pendency of action: convert
into ordinary action
Allowed actions:
To determine any construction or the validity thereof, and for a

declaration of his rights/duties
o COURT ACTION DISCRETIONARY FOR THIS GROUND
may choose not to exercise power if decision would not
terminate controversy or where declaration not
necessary
For reformation of instrument

To quiet title/remove clouds
To consolidate ownership under pacto de retro arrangement
Impleaded persons:
Persons who have interest/claim that will be affected must be

made parties
Inform Solicitor General if validity of statute in question or

constitutionality of LGU ordinance
Validity of LGU ordinance inform prosecutor/attorney of LGU
Rule 64 review of judgments and final orders/resolutions

of COMELEC/COA
Brought straight to the SC on Rule 65 certiorari (GADALEJ)

o Within 30 days, no extension
o But time suspended if MNT/MR filed
Petition
o 18 copies
o State facts, issues, prayer
o Duplicate original/CTC of judgment
o State dates and show compliance with period
o Proof of service
SC action:
o Can dismiss petition outright
If not sufficient in form or substance
Or if filed merely to delay or questions too

unsubstantial
o OR can require respondents to file comments within 10
days from notice
Filing DOES NOT stay execution of the final order/resolution
Rule 65 Certiorari, prohibition, mandamus
Certiorari
o NOT an appeal
o When:
An officer exercising judicial/quasi-judicial

powers acted with GADALEJ
AND there is no appeal or any plain, speedy,

and adequate remedy under ordinary course of
law (like NLRC decisions)
o To annul or modify proceedings, with incidental reliefs
o Accompanied by CTC of judgment, copies of pleadings,
and CNFS
Prohibition
o When:
An officer exercising judicial/quasijudicial/ministerial acted with GADALEJ
AND there is no appeal or any plain, speedy,

and adequate remedy under ordinary course of
law
o To command respondent to desist from further
proceedings, with incidental reliefs
and CNFS
Mandamus
o Officer unlawfully neglects performance of a ministerial
act
o No other plain, speedy, and adequate remedy in
ordinary court of law
o To have the person do the act required
and CNFS
When/where:
For all file within 60 days

o But time suspended by MNT/MR
o No extension
If act/omission of MTC/corporation/board/officer/person:
o In RTC exercising J over the territorial area
o Or in the CA/Sandiganbayan
Act/omission of a quasi-judicial agency

o Only by the CA
Act/omission of MTC/RTC in election cases

o Only to the COMELEC
Procedure:
Join the officer/tribunal/board/etc as private respondent, and it

is their duty to defend both:
o Private respondent (those interested in sustaining
proceedings)
o Public respondent (government entity)
ONLY the private respondent responsible for award
Public respondent: shall not appear unless directed by the
court
o If elevated to higher court public respondent appears
as nominal party
o BUT shall not appear/participate unless directed by
court
Effects:
These petitions should not suspend proceedings in main case

o Unless there is a TRO/preliminary injunction against
public officer in main case
o Public respondent proceeds with principal case within
10 days of filing petition for certiorari failure to do so:
administrative charge
Court may dismiss it if:

o Filed manifestly for delay
o Too unsubstantial to merit consideration
Court may punish lawyers who file these patently dilatory and
unmeritorious petitions
Rule 66 Quo Warranto
Action by government ONLY

o EXCEPTION: when a person claims to be entitled to a
public office may commence action in own namer
o Only done WITHIN ONE YEAR of cause of ouster
Nature: action for usurpation of office/position/franchise
Against:
o 1. Person who usurps or unlawfully holds public
office/position/franchise
o 2. Public officer who does act that constitutes ground
for forfeiture of public office
o 3. Association which acts as a corporation within the
Philippines without lawful incorporation
When action MUST be commenced and when action MAY be

commenced:
MUST be commenced by Sol Gen or public prosecutor:

o 1. Directed by President
o 2. Good reason to believe that it can be established by
proof
MAY be commenced by Sol Gen or public prosecutor

o 1. At the request and upon relation of another person
But the Sol Gen/public prosecutor may request

for indemnity for costs and expenses to be
given by the relating person
Venue:
SC, CA, RTC exercising jurisdiction over area where

RESPONDENT resides
BUT when Sol Gen commences, may be in:

o SC, CA, or RTC of Manila
Effects (if petition successful):
Oust and exclude the usurper
Petitioner takes oath, gives bond, and can demand all

documents from respondent with pain of contempt if he fails
o Action for damages only WITHIN ONE YEAR of entry of
judgment
Rule 67 Expropriation
Two stages:
o Expropriation
o Just compensation
Must be for public purpose
Real/personal property
ALWAYS in RTC regardless of amount
Entry can be made upon deposit of assessed value with

authorized government authority
Procedure:
If no objection or defense:
o Respondent just files appearance and manifestation
o Becomes entitled to notice of all proceedings
If with objection or defense

o File answer
o No CC/XC/3p allowed
All objections not given deemed waived
o Except amendments within 10 days of answer
BUT regardless, if there is appearance or answer, respondent
MAY file claim for just compensation
THEN, court gives order of expropriation
o May be appealed by any aggrieved party
o BUT this does not stop just compensation proceedings
from pushing through
3 commissioners ascertain just compensation
o Assess consequential damages and consequential
benefits for the owner. BUT consequential benefits
cannot exceed consequential damages.
Commissioners report
o Parties have 10 days to object
o Court may: accept, recommit for further report on
facts, set aside and appoint new commissioners,
accept in part, make any order to secure rights
If there are conflicting claims:
o Any compensation paid for the property must be paid
to the court to benefit the person adjudged to be
entitled thereto
o Payment needed before entry but if there was entry
already, court keeps the money for public use
After favorable judgment:
o Pay just compensation AND THEN enter and
appropriate
o Or if there was prior payment for entry, may RETAIN
o Entry not delayed by appeal
Rule 68 Foreclosure of Real Estate Mortgage
JUDICIAL FORECLOSURE
o Not extra-judicial foreclosure under Act 3135
Procedure
File complaint with details
Court ascertains the amount due

o Renders judgment on debt
o Orders payment to court/judgment obligee in 90-120
days
o Else, sell in public auction

Who possesses the property:
o Until finality of order of confirmation/expiration of
period of redemption: MORTGAGOR
o Upon finality: MORTGAGEE/PURCHASER
Where proceeds go:
o 1. Pay off debt of mortgagor
o 2. Pay junior encumbrancers
o 3. Balance to mortgagor
If debt not at all due:
o Sell portion of property to cover costs due and then
sale terminates
If there is deficiency:
o Court renders judgment on balance
o There can be execution (as long as those debts are
already due)
COMPARE:
Banking Law
o Bank possesses after auction and receives profits and
rents
o The mortgagor can post a bond to recover
Whether or not extra-judicial or judicial foreclosure, recovery is

1 year
o If the mortgagor is a natural person
o BUT if the mortgagor is a juridical person:
Before registration of sale
OR before 90 days, whichever comes first

Rule 69 Partition
Rule 70 Forcible Entry and Unlawful Detainer
Within 1 year, else it becomes accion publiciana
Need to prove:
o Prior physical possession
o Force, intimidation, strategy, stealth, threat
Lessor can only proceed against lessee if there is prior demand

(to pay or vacate)
Judgment conclusive only on possession BUT not conclusive

in actions involving title or ownership
Will not bar subsequent action between same parties
respecting TITLE to the property
IMMEDIATE EXECUTION OF JUDGMENT
o MTC unless appeal perfected AND appellant files a
supersedeas bond
o RTC immediately executory without prejudice to
appeal
Unless upper level court grants injunction

(Benedicto case)
o
Rule 71 Contempt
Direct contempt
o Punished summarily
o In presence of judge or court
o Punishment:
Fine of not more than 2K or imprisonment not

more than 10 days (RTC or higher)
Fine of not more than 200 or imprisonment not

more than 1 day (if lower court)
o Remedy: cannot appeal
But may do certiorari or prohibition
Suspend punishment if there is bond
Indirect contempt
o Charge is in writing
o Grounds:
Misbehavior of officer of court in official duties
Disobedience to lawful
writ/order/process/judgment of court or
entry/inducing entry into a property which has
been adjudged upon
Abuse or unlawful interference with processes

of court
Any improper conduct directly or indirectly

impeding administration of justice
Assuming to be attorney/officer without

authority
Failure to obey subpoena
Rescue/attempt of person under custody

o Modes for indirect contempt:
1. Motu propio by court
2. Verified petition with particulars
Filed and docketed separately from the

main case
Unless court orders consolidation

o Punishment for indirect contempt:
RTC or higher: fine not exceeding 30K or

imprisonment not exceeding 6m
Lower court: not exceeding 5K or imprisonment

not exceeding 1m
Administrative contempt
o Check if the body has its own rules
o If none, ROC apply
o Venue RTC of place where the contempt was
committed

VARIOUS - Tuazon CivPro Reviewer (Salvador)

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

VARIOUS - Tuazon CivPro Reviewer (Salvador)

Uploaded by

Copyright:

Available Formats

R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty.

Tranquil Salvador | SY 2008-09, 2nd sem | 1

Ex. cancellation of K of sale

Jurisdiction conferred by law

Over subject matter

Either personally appear or

Submit motion/pleading 1 or counsel appears2

Estoppel by laches to question jurisdiction

BUT general rule: question of jurisdiction can be raised

Concurrent J: court have same J over same subject matter

Not capable of pecuniary estimation

Summary procedure for civil cases

Forcible entry & unlawful detainer

Admin. Circular 09-94 (1994)

Par. 2: even if for money claims, damages are excluded

Unlawful detainer/forcible entry

Value >= 100 K

RULE 1 GENERAL PROVISIONS

How to initiate court case:

Court does not acquire J if there is no payment

If insufficient, pay deficiency within 15 day pd.

No need for cause of action in special actions

Ex. Certiorari G.A.D. is basis, not cause of

Civil action party sues another for

Additional defendant: commenced upon filing

Liberally construed to promote objective and secure:

RULE 2 CAUSE OF ACTION

If same one plaintiff and one defendant: may join as

Differentiate from article 3 joinders:

San Miguel: no payment of docket fees on compulsory

Misjoinder cannot cause dismissal of case just drop/add

Class action: common interest, one cause of action

Ex. Oposa v Factoran

Judgment upon merits on any one

1. Party joining COA complies with rules on

2. Joined X include special civil actions

3. If COAs same parties but different

4. If all claims are for recovery of money

Court motu propio

If he fits within Rule 141, Sec 9 definition of indigent, the court

BUT if after notice and hearing, there is income greater than

Misjoinder motion to strike out

Nonjoinder not ground per se to dismiss action

RULE 3 PARTIES TO CIVIL ACTIONS

Locus standi by reason of governmental act; private person

Sec 4 general rule: H&W sue/are sued jointly, except:

Gross income + familys income <= monthly minimum wage of

Original claiming party

Original defendant party

he who stands to be benefited/injured by

or party entitled to avails of suit

Except: K involves things of principal

Party from being embarrassed

From being put to expense without interest

State name, if known

Reason why not joined

If J over person may be obtained

Failure to include party: deemed waiver of

On motion of any party

If terms are just

Claim against misjoined party: may be severed and

Give name and address of legal rep.

Failure: disciplinary action

Court may appoint G.A.L. for minor heirs