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Civil Procedure
The methods, procedures, and practices used in civil cases.
Remedial Law is that branch of law which prescribes the method of enforcing rights
or obtaining redress for their invasion.
Ordinary civil action is one by which one party sues another, based on a cause of
action, to enforce or protect a right, or to prevent or redress a wrong, whereby the
defendant has performed an act or omitted to do an act in violation of the rights of
the plaintiff. (Sec. 3a) The purpose is primarily compensatory.
Special civil action actions which while governed by the rules for ordinary civil
actions, are subject to special rules provided for Special Civil Actions
Criminal action is one by which the State prosecutes a person for an act or omission
punishable by law (Sec. 3[b], Rule 1). The purpose is primarily punishment.
DEMURRER TO EVIDENCE (Rule 33)
Demurrer to evidence is a motion to dismiss filed by the defendant after the plaintiff
had rested his case on the ground of INSUFFICIENCY OF EVIDENCE.
The provision of the Rules governing demurrer to evidence does not apply to an
election case.
GROUND:
After plaintiff has finished presenting his evidence, the defendant may move for the
dismissal of the complaint on the ground that upon the facts and the law, the plaintiff
has shown no right to relief.
EFFECTS GRANT/DENIAL:
In the event his motion is denied, the defendant does not waive his right to offer
evidence. The defendant shall have the right to present his evidence. An order
denying a demurrer to evidence is interlocutory and is therefore, not appealable. It
can however be the subject of a petition for certiorari in case of grave abuse of
discretion or an oppressive exercise of judicial authority.
If the motion is granted and the order of dismissal is reversed on appeal, the movants
loses his right to present the evidence on his behalf. The appellate court in case it
reverses the grant of the motion, should render the judgment therein based on the
evidence submitted by the plaintiff.
It is not correct for the appellate court reversing the order granting the demurrer to
remand the case to the trial court for further proceedings. The appellate court should,
instead of remanding the case, render judgment on the basis of the evidence
submitted by the plaintiff
WAIVER OF RIGHT TO PRESENT EVIDENCE:
If the demurrer is granted but on appeal the order of dismissal is reversed, the
defendant is deemed to have waived his right to present evidence.
DEMURRER TO EVIDENCE IN A CIVIL CASE VERSUS DEMURRER TO
EVIDENCE IN A CRIMINAL CASE:
In a civil case, leave of court is not required before filing a demurrer. In a criminal
case, leave of court is filed with or without leave of court (Sec. 23, Rule 119).
In a civil case, if the demurrer is granted, the order of dismissal is appealablesince
the motion is interlocutory. In a criminal case, the order of dismissal is not
appealable because of the constitutional policy against double jeopardydenial is
tantamount to acquittal, final and executory.
In civil case, if the demurrer is denied, the defendant may proceed to present his
evidence. In a criminal case, the accused may adduce his evidence only if the
demurrer is filed with leave of court. He cannot present his evidence if he filed the
demurrer without leave of court (Sec. 23, Rule 119).
In civil case, the plaintiff files a motion to deny motion to demurrer to evidence. In
criminal case, the court may motu proprio deny the motion.
JUDGMENTS AND FINAL ORDERS (Rules 34 36)
JUDGMENT WITHOUT TRIAL
The theory of summary judgment is that although an answer may on its face appear
to tender issuesrequiring trialyet if it is demonstrated by affidavits, depositions,
or admissions that those issues are not genuine, but sham or fictitious, the Court is
justified in dispensing with the trial and rendering summary judgment for plaintiff.
The court is expected to act chiefly on the basis of the affidavits, depositions,
admissions submitted by the movants, and those of the other party in opposition
thereto.
The hearing contemplated (with 10-day notice) is for the purpose of determining
whether the issues are genuine or not, not to receive evidence on the issues set up in
the pleadings. A hearing is not thus de riguer. The matter may be resolved, and
usually is, on the basis of affidavits, depositions, admissions.

In one case, the summary judgment here was justified, considering the absence of
opposing affidavits to contradict the affidavits.
CONTENTS OF A JUDGMENT
Judgment has two parts:
1) the body of the judgment or the ratio decidendi, and 2) the dispositive portion
of the judgment or fallo
- The body of the decision (ratio decidendi) is not the part of the judgment
that is subject to execution but the fallo because it is the latter which is the
judgment of the court.
- The importance of fallo or dispositive portion of a decision should state
whether the complaint or petition is granted or denied, the specific relief
granted, and the costs
- It is the dispositive part of the judgment that actually settles and declares the
rights and obligations of the parties, finally, definitively, and authoritatively.
The general rule is that where there is a conflict between the fallo and the ratio
decidendi, the fallo controls. This rule rests on the theory that the fallo is the final
order while the opinion in the body is merely a statement ordering nothing. Where
the inevitable conclusion from the body of the decision is so clear that there was a
mere mistake in the dispositive portion, the body of the decision prevails.
A judgment must have the signature of the judge.
JUDGMENT ON THE PLEADINGS (RULE 34)
Where an answer fails to tender an issue, or otherwise admits the material allegations
of the adverse partys pleading, the court may, on motion of that party, direct
judgment on such pleading.
The following actions CANNOT be the subject of a judgment on the pleadings:
1) declaration of nullity of marriage
2) annulment of marriage
3) legal separation
In cases of unliquidated damages, or admission of the truth of allegation of adverse
party, the material facts alleged in the complaint shall always be proved.
SUMMARY JUDGMENTS (RULE 35)
A summary judgment or accelerated judgment is a procedural technique to promptly
dispose of cases where the facts appear undisputed and certain from the pleadings,
depositions, admissions and affidavits on record, of for weeding out sham claims or
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defenses at an early stage of the litigation to avoid the expense and loss of time
involved in a trial.
Moreover, said summary judgment must be premised on the absence of any other
triable genuine issues of fact. Otherwise, the movants cannot be allowed to obtain
immediate relief. A genuine issue is such issue of fact which requires presentation of
evidence as distinguished from a sham, fictitious, contrived or false claim.
The requisites are: 1) there must be no genuine issue as to any material fact, except
for the amount of damages; and
2) the party presenting the motion for summary judgment must be entitled to a
judgment as a matter of law.
FOR THE CLAIMANT:
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a
declaratory relief may, at any time after the pleading in answer thereto has been
served, move with supporting affidavits, depositions or admissions for a summary
judgment in his favor upon all or any part thereof (Sec. 1).
FOR THE DEFENDANT:
A party against whom a claim, counterclaim, or crossclaim is asserted or a
declaratory relief is sought may, at any time, move with supporting affidavits,
depositions or admissions for a summary judgment in his favor as to all or any part
thereof (Sec. 2).
WHEN THE CASE NOT FULLY ADJUDICATED
If judgment is not rendered upon the whole case, the court shall ascertain what
material facts exist without substantial controversy and those that are controverted.
The court shall then render a partial judgement with trial to proceed on the matters
that remain controverted.
AFFIDAVITS AND ATTACHMENTS
Supporting and opposing affidavits shall be made on personal knowledge, shall set
forth such facts as would be admissible in evidence, and shall show affirmatively
that the affiant is competent to testify to the matters stated therein. Certified true
copies of all papers or parts thereof referred to in the affidavit shall be attached
thereto or served therewith (Sec. 5).
Should it appear to its satisfaction at any time that any of the affidavits presented
pursuant to the Rules are presented in bad faith, or solely for the purpose of delay,
the court shall forthwith order the offending party or counsel to pay to the other
party the amount of the reasonable expenses which the filing of the affidavits caused

him to incur, including attorneys fees. It may, after hearing, further adjudge the
offending party or counsel guilty of contempt (Sec. 6).
JUDGMENTS ON THE PLEADINGS VERSUS SUMMARY JUDGMENTS
a) In the judgment on the pleadings, the answer does not tender an issue; in
summary judgment, there is an issue tendered in the answer, but it is not genuine or
real issue as may be shown by affidavits and depositions that there is no real issue
and that the party is entitled to judgment as a matter of right; b) In judgment on the
pleadings, the movants must give a 3-day notice of hearing; while in summary
judgment, the opposing party is given 10 days notice; c) In judgment on the
pleadings, the entire case may be terminated; while in summary judgment, it may
only be partial; d) In judgment on the pleadings, only the plaintiff or the defendants
as far as the counterclaim, cross-claim or third-party complaint is concerned can file
the same; while in summary judgment, either the plaintiff or the defendant may file
it.
RENDITION OF JUDGMENTS AND FINAL ORDERS
Rendition of judgment is the filing of the same with the clerk of court. It is NOT the
pronouncement of the judgment in open court that constitutes the rendition. Even if
the judgment has already been put in writing and signed, it is still subject to
amendment if it has not yet been filed with the clerk of court and before its filing
does not yet constitute the real judgment of the court. It is NOT the writing of the
judgment or its signing which constitutes rendition of the judgment.
A judgment or final order determining the merits of the case shall be in writing
personally and directly prepared by the judge, stating clearly and distinctly the facts
and the law on which it is based, signed by him, and filed with the clerk of the court
(Sec. 1, Rule 36).
ENTRY OF JUDGMENT AND FINAL ORDER
If no appeal or motion for new trial or reconsideration is filed within the time
provided in the Rules, the judgment or final order shall forthwith be entered by the
clerk in the book of entries of judgments.
The record shall contain the dispositive part of the judgment or final order and shall
be signed by the clerk, with a certificate that such judgment or final order has
become final and executory (Sec. 2).
The entry of judgment refers to the physical act performed by the clerk of court in
entering the dispositive portion of the judgment in the book of entries of judgment
and after the same has become final and executory.
The date of finality of the judgment or final order shall be deemed the date of its
entry. Thus, while there has been no physical entry of judgment in the book of
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entries, it is deemed to have been constructively made at the time of the finality of
the judgment or final order.
There are some proceedings the filing of which is reckoned from the date of the
entry of judgment: 1) the execution of a judgment by motion is within five (5) years
from the entry of the judgment (Sec. 6, Rule 39); 2) the filing of a petition for relief
has, as one of its periods, not more than six (6) months from the entry of the
judgment or final order (Sec. 3, Rule 38).
POST JUDGMENT REMEDIES (Rules 37, 38, 4047, 52, 53)
Remedies before a judgment becomes final and executory a) Motion for
reconsideration (prohibited in a case that falls under summary procedure) (Rules 37,
52); b) Motion for new trial (Rules 37, 53); and c) Appeal (Rules 40, 41, 42, 43, 45)
Remedies after judgment becomes final and executory a) Petition for relief from
judgment; b) Action to annul a judgment; c) Certiorari; and d) Collateral attack of a
judgment.
MOTION FOR NEW TRIAL OR RECONSIDERATION (RULE 37)
GROUNDS FOR A MOTION FOR NEW TRIAL
1) Fraud (extrinsic), accident, mistake (of fact and not of law) or excusable
negligence (FAMEN) which ordinary prudence could not have guarded against and
by reason of which such aggrieved party has probably been impaired in his rights; 2)
Newly discovered evidence (Berry Rule), which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if presented would
probably alter the result; and 3) Award of excessive damages, or insufficiency of the
evidence to justify the decision, or that the decision is against the law (Sec. 1, Rule
37).
GROUNDS FOR A MOTION FOR RECONSIDERATION
1) The damages awarded are excessive; 2) The evidence is insufficient to justify the
decision or final order; 3) The decision or final order is contrary to law.
- 2nd MR is not allowed except in SC
WHEN TO FILE
- A motion for new trial should be filed within the period for taking an appeal.
Hence, it must be filed before the finality of the judgment.
- No motion for extension of time to file a motion for reconsideration shall be
allowed. - The period for appeal is within 15 days after notice to the appellant of the
judgment or final order appealed from.
- Where a record on appeal is required, the appellant shall file a notice of appeal and
a record on appeal within 30 days from notice of the judgment or final order. A

record on appeal shall be required only in special proceedings and other cases of
multiple or separate appeals (Sec. 3, Rule 40).
DENIAL OF THE MOTION; EFFECT
- If the motion is denied, the movants has a fresh period" of fifteen days from
receipt or notice of the order denying or dismissing the motion for reconsideration
within which to file a notice of appeal of the judgment or final order.
- Meaning, the defendant is given a fresh period of 15 days counted from the
receipt of the order dismissing the motion for new trial or reconsideration.
- When the motion for new trial is denied on the ground of fraud, accident, mistake
of fact or law, or excusable negligence, the aggrieved party can no longer avail of
the remedy of petition for relief from judgment
GRANT OF THE MOTION; EFFECT
- If a new trial be granted, the original judgment shall be vacated or set aside, and the
action shall stand for trial de novo; but the recorded evidence taken upon the former
trial so far as the same is material and competent to establish the issues, shall be used
at the new trial without retaking the same (Sec. 6).
- The filing of the motion for new trial or reconsideration interrupts the period to
appeal (Sec. 2, Rule 40; Sec. 3, Rule 41).
- If the court grants the motion (e.g., it finds that excessive damages have been
awarded or that the judgment or final order is contrary to the evidence or law), it may
amend such judgment or final order accordingly (Sec. 3). The amended judgment is
in the nature of a new judgment which supersedes the original judgment. It is not a
mere supplemental decision which does not supplant the original but only serves to
add something to it. If the court finds that a motion affects the issues of the case
as to only a part, or less than all of the matters in controversy, or only one, or less
that all of the parties to it, the order may grant a reconsideration as to such issues if
severable without interfering with the judgment or final order upon the rest (Sec. 7).
REMEDY WHEN MOTION IS DENIED
- The party aggrieved should appeal the judgment. This is so because a second
motion for reconsideration is expressly prohibited.
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- An order denying a motion for reconsideration or new trial is not appealable, the
remedy being an appeal from the judgment or final order under Rule 38. The remedy
from an order denying a motion for new trial is not to appeal from the order of
denial. Again, the order is not appealable. The remedy is to appeal from the judgment
or final order itself subject of the motion for new trial (Sec. 9, rule 37).
FRESH 15-DAY PERIOD RULE
- If the motion is denied, the movants has a fresh period of 15 days from receipt or
notice of the order denying or dismissing the motion for reconsideration within
which to file a notice to appeal.
- This new period becomes significant if either a motion for reconsideration or a
motion for new trial has been filed but was denied or dismissed.
- This fresh period rule applies only to Rule 41 governing appeals from the RTC but
also to Rule 40 governing appeals from MTC to RTC, Rule 42 on petitions for
review from the RTC to the CA, Rule 43 on appeal from quasijudicial agencies to the
CA, and Rule 45 governing appeals by certiorari to the SC.
- Accordingly, this rule was adopted to standardize the appeal periods provided in the
Rules to afford fair opportunity to review the case and, in the process, minimize
errors of judgment.
-Obviously, the new 15 day period may be availed of only if either motion is filed;
otherwise, the decision becomes final and executory after the lapse of the original
appeal period provided in Rule 41 (Neypes vs. CA., Sept. 14, 2005).
-The Neypes ruling shall not be applied where no motion for new trial or motion for
reconsideration has been filed in which case the 15-day period shall run from notice
of the judgment.
-The fresh period rule does not refer to the period within which to appeal from the
order denying the motion for new trial because the order is not appealable under Sec.
9, Rule 37. The nonappealability of the order of denial is also confirmed by Sec.
1(a), Rule 41, which provides that no appeal may be taken from an order denying a
motion for new trial or a motion for reconsideration.
-The SC ruled in one case that this fresh period of appeal is also applicable in
criminal cases (Judith Yu vs. Judge Samson, Feb. 9, 2011)