Professional Documents
Culture Documents
BARANGAY CONCILIATION:
REMEDY: Defendant may file a Motion to Dismiss the case on the ground under sec 1 para (j)
Rule 16 based on failure to comply with the condition precedent. The dismissal of the case is
without prejudice.
1. Before the finality of the order of dismissal, comply with the requirement and motion to
revive;
2. After the order of dismissal becomes final and executor, re-file the case after compliance
with the condition precedent.
REMEDIES:
1. Execution of the amicable settlement within six (6) months after date of settlement under
Sec 417 of RA 7160
2. Repudiation of the settlement within ten(10) days from the date of settlement by sworn
statement on the ground that the consent was vitiated by fraud, violence, or intimidation
under Sec 418 of RA 7160
3. Annulment of Compromise Agreement under Sec 416 of RA 7160
4. Issuance of Certificate to file action under Sec 418 of RA 7160
REMEDY: In case of monetary claims does not exceed P100,000.00 exclusive of interest and
costs, file complaint for small claims with the MTC / MCTC
REMEDY of the Defendant: The grounds for the dismissal of the claim, under Rule 16, should
be pleaded.
Remedy for the Defendant: File a Motion to Dismiss under Rule 16 Sec. 1 on the ground of Litis
Pedentia or if there is already a final decision in the first action; file on the ground of Res
Judicata
Remedy for the Plaintiff: File an Appeal the order granting the motion to dismiss since it is a
final order
REMEDIES: If there are several causes of actions between the same parties joinder of causes of
action under Sec. 5 Rule 2
1. File a separate action on the other causes of action not joined without prejudice on the
joint trial or consolidation of action under Sec 1 Rule 31 or
2. File a Motion to Amend the pleadings joining the non-joined cause of action under Rule
10
REMEDY for the Defendant: if the case is not brought in the name or against the real party in
interest, a Motion to Dismiss may be filed on the ground that the complaint states no cause of
action under Sec 1(g) Rule 16
REMEDIES:
REMEDIES:
1. Motion to Implead
2. Strike out as party defendant
3. In case of misjoinder, a separate action can be filed against the party misjoined.
REMEDY: Before entry of judgment, action shall continue and decision shall be enforced
against the estate of the deceased under Rule 86
REMEDIES:
REMEDY for the Defendant: in case of improper venue, file a Motion to Dismiss on the ground
that the venue is improperly laid under Sec 1 Rule 16.
REMEDIES:
1. The court may allow the parties to correct the deficiency, and sign the pleading
2. Lawyer may be subjected to appropriate disciplinary action
REMEDIES:
1. Pleading may be amended or the court may order that the pleading be verified at the
discretion of the court
2. On the part of the opposing party, in case the pleading is unverified contrary to the
requirements of the rules, the adverse party may move to strike out the pleading from
the record of the case.
REMEDY for the Defendant: File a motion to dismiss for failure to comply with condition
precedent which is the rules on Certificate of non-forum shopping under Sec 1(j) Rule 16 in
relation to Rule 7 Sec 5
REMEDY for the Claiming Party: in case of dismissal is granted, the party may re-file the case,
because the dismissal is without prejudice unless it is a gross and deliberate violations the
dismissal is with prejudice.
REMEDY: Specific Denial under oath and set forth what he claims to be the facts unless he is an
not a party to the document, otherwise its genuineness and due execution is deemed admitted
and judgment on the pleadings maybe availed of.
REMEDIES:
1. Specific denial plus the substance of his denial, except amount of unliquidated damages
2. No Specific denial, otherwise it is an admission –Motion for Judgmennt on the pleading
under Rule 34.
REMEDY for the Plaintiff: In case the defendant filed to file his answer, Plaintiff may file a
Motion to Declare the Defendant in Default with proof of service and notice of hearing
REMEDIES:
1. A party declared in default may at any time after notice thereof and before judgment
may file:
a. A Motion to Lift the order of Default under oath
b. Upon proper showing that his failure to answer was due to fraud, accident,
mistake or excusable negligence (FAME) accompanied with affidavit of Merit.
c. That he has a meritorious defense and
d. In such case, the order of default may be set aside on such terms and conditions
as the judge may impose in the interest of justice
2. Or file a Motion to Admit answer together with the attached Answer before the
rendition of the judgment by default
3. Petition for Relief from the final order of Default on the grounds of FAME with affidavit
of merit
REMEDY: Motion to set aside judgment or final order due to FAME. If Denied, File a motion
for reconsideration of the judgment or final resolution within 15 days from service thereof
before the CA, with proof of service on the adverse party. If Denied, File a petition for review
on certiorari before the SC raising only questions of law which must be distinctly set forth,
within 15 days from notice of the denial of petitioner’s motion for reconsideration filed in due
time after notice of the judgment Rule 65 with TRO/injunction- PREFERRED over appeal
because appeal is not the adequate, speedy remedy. WHY? Judgment kasi is based on evidence
ex parte- no evidence to review because no evidence in the first place is presented by defendant.
If Denied, File a motion for reconsideration of the judgment or final resolution within 15 days
from service thereof before the SC, with proof of service on the adverse party.
REMEDIES:
1. File petition for relief from judgment, order, or other proceeding on the ground of entry
of such judgment or final order, or any other proceeding is thereafter taken against a
party in a court through FAME (Rule 38 S1)
2. File petition for annulment of judgment or final order or resolution on the ground of
extrinsic fraud (R47 S1 and 2)
3. File petition for certiorari (Rule 65)
4. Collateral Attack
REMEDY: After service of pleading, file a Motion for leave of Court to Amend Pleading with
the attached Amended Pleading. In case of DENIAL, file a Petition for Certiorari under RULE
65, since amendment after the filing of responsive pleading is discretionary on the part of the
court.
REMEDY: File a Motion to Amend Pleading to Conform to Evidence if the issue is not raised in
the pleadings was tried with the consent of the parties.
REMEDY: File a Motion to file a Supplemental pleading if there is a need to supplement the
original complaint/pleading
REMEDY for the Defendant: Upon receipt of the Summons with the attached Complain and
annexes, or the counterclaim or cross-claim, defendant shall file an answer within the
reglementary period provided by the rules (10, 15, 30, or 60 day as the case maybe)
REMEDY for the Defendant: Ambiguity in the Allegations in the Pleading; File a Motion for
Bill of Particulars
REMEDY for the Plaintiff: In case of ambiguity in the Pleadings, Plaintiff may amend his
Complaint/Pleading (Rule 10)
REMEDY: Move for the striking of the Pleading or the portion thereof (RULE 12 SEC 4)
REMEDY: The moving party may file his responsive pleading/Answer with the remaining
period, but not less than five (5) days (RULE 5 SEC 5)
REMEDIES:
1. Action affecting title or right of possession of real property, file a Affidavit of Adverse
Claim and Notice of Lis Pendens before the Register of Deeds where property is located
2. Petition to Cancel Notice of Lis Penden/ Adverse Claim
REMEDY: In case of Denial, Aggrieved party may file an appeal to the Land Registration
Authority en consulta
REMEDY: If the defendant refuses to receive or sign the summons by tendering it to him.
REMEDY: If summons cannot be served personally for justifiable reason, Plaintiff may file a
Motion to Serve Summons by Substituted Service
RULE 14 SEC 12: SERVICE OF SUMMONS UPON DOMESTICE PRIVATE JURIDICAL
ENTITY
REMEDY for the Plaintiff: Summons shall be served to the president, managing partner,
general manager, corporate secretary, treasurer or in house counsel. In case of non-compliance,
Plaintiff may move for the issuance and service of an alias summons. In case the summons
cannot be served on the officers of the corporation, Plaintiff may amend his complaint and
apply for the writ of attachment under Rule 57 thereby converting the action to action quasi in
rem and therefore service of summons can be made by publication
REMEDY for the Defendant: Defendant may move for the dismissal of the case on the ground
of lack of jurisdiction over the person of the defending party under RULE 16 Section due to
improper service of summons.
REMEDY: If the identity or whereabouts of the defendant is unknown, file a Motion to serve
Summons by Publication. NOTE: This applies to any actions.
REMEDY: Defendant does not reside and not found in the Philippines affecting his personal
status or property in the Philippines, File a Motion to serve summons by publication or extra-
territorial service.
REMEDY: In case of failure to comply with Section 4 (hearing of motion), Section 5 (notice of
hearing and Section 6 (proof of service) of RULE 15, the motion shall be considered as a mere
scrap of paper which is considered not filed, the clerk of court has no right to receive, and the
court has no right to act upon, and the adverse party may move for the denial of the said
motion and does not toll the running of prescription period to file the appeal/remedy.
REMEDY if the motion to dismiss is denied: file a responsive pleading within the balance of the
period prescribed by Rule 11 to which he was entitled at the time of serving his motion but not less than 5
days in any event, computed from his receiving of notice of denial. Then, go to trial. When the decision
is adverse, file an appeal raising as error the denial of the motion to dismiss. If the denial of the motion
is tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, file petition for
certiorari under Rule 65.
REMEDIES if the motion to dismiss is granted:
1. That the court has no jurisdiction over the person of the defending party; - REFILLING
of the case
2. That the court has no jurisdiction over the subject matter of the claim; - REFILING of the
case with the proper court; in case of denial, Petition for Certiorari and/or Prohibition
3. That venue is improperly laid; - REFILING of the case with the proper venue; or if
erroneously denied, Petition for Prohibition
4. That the plaintiff has no legal capacity to sue; - REFILLING of the case
5. That there is another action pending between the same parties for the same cause; -
APPEAL
6. That the cause of action is barred by a prior judgment or by the statute of limitations; -
APPEAL
7. That the pleading asserting the claim states no cause of action; - REFILLING of the case
8. That the claim or demand set forth in the plaintiff's pleading has been paid, waived,
abandoned, or otherwise extinguished; - APPEAL
9. That the claim on which the action is founded is unenforceable under the provisions of
the statute of frauds; - APPEAL
10. That a condition precedent for filing the claim has not been complied with. - REFILLING
of the case unless gross, willful deliberate FS- APPEAL
REMEDIES:
REMEDY for the Claiming Party: If it is dismiss without prejudice- REFILING; If with
prejudice- APPEAL
REMEDIES:
1. If plaintiff failed to appear, the defendant may move that plaintiff be declared non-
suited and ask for the dismissal of the action. Dismissal shall be with prejudice unless
ordered by the court.
2. File a Motion for Reconsideration and if denied, Appeal from the order of dismissal the
same being the final order
1. Plaintiff may move for the presentation of his evidence ex-parte and judgment can be
rendered based on the evidence of the plaintiff
a. Before the rendition of judgment, the remedy of the defendant is to file a Motion for
Reconsideration of the Order allowing the presentation of the evidence ex-parte, and
if denied with grave abuse of discretion, file a Petition for Certiorari under RULE 65
b. In case there is already a judgment, defendant may file a Motion for New Trial under
RULE 37 Sec 1 on the ground of FAME and in case of denial, File an Appeal from the
decision and the order denying the new trial
c. In case the judgment is already final and executor, defendant may file a Petition for
Relief from Judgment under RULE 38 on the ground of FAME or Petition for
Annulment of Judgment under Rule 47 on the ground of FRAUD.
REMEDIES: Failure to file pre-trial brief has the same effect as failure to appear
PRE-TRIAL ORDER
REMEDY: In case of error in the Pre-Trial Order, Parties may move for the
amendment/correction of Pre-Trial order
1. In case of improper denial, file an appeal of the order being a final order or
2. File a separate action if his right will be protected thereby
REMEDIES on the part of the ORIGINAL PARTIES:
REMEDY: In case of improper granting the remedy of the original parties to the case may file a
Motion for Reconsideration on the Order granting the amendment, and If Denied, file a
Petition for Certiorari and Prohibition
REMEDY: if subpoena is unreasonable and oppressive or the books or documents are irrelevant
the said person may file a Motion to Quash Subpoena
REMEDY: Failure to comply with the subpoena, the person subject of subpoena may be cited
for Contempt under RULE 71.
REMEDIES: CONTEMPT
REMEDY: Action involving same question of law and of facts- file a motion for
Consolidation of Cases.
SEVERANCE:
REMEDY: For convenience and to avoid prejudice- Motion for Severance of cases or Separate
Cases
REMEDY: After plaintiff had rested his case and based on insufficiency of evidence-
defendant may file a Motion for Demurrer to Evidence
REMEDY: In case the motion is granted – plaintiff may file an appeal since it is an
adjudication on the merits.
REMEDY: Answer that fails to tender an issue or admits the material allegations of the
pleadings- file a Motion for Judgment on the Pleadings
REMEDY: If the Motion for Judgment on the Pleadings is granted- defending party may
appeal the judgment
-Judgment upon compromise-file a Motion to Set Aside Judgment by Compromise and the
Compromise Agreement
NEW TRIAL
REMEDIES: Newly discovered evidence- Motion for New Trial with Affidavit of Merit
-If the motion was denied – Appeal from the judgment and the order denying the Motion for
New Trial and assign as error the order of denial.
RECONSIDERATION
-If the motion is denied- Appeal from the Judgment and the Order denying the Motion for
Reconsideration and assign as error the denial of the motion
REMEDY: After finality from judgment, order or proceeding on the ground of FAME:
REMEDY: Failure to appeal due to FAME- Petition for relief from Judgment with Affidavit
of Merit
RULE 39: EXECUTION
-if denied, Appeal (SEC 1 RULE 41), Mandamus (SEC 3, RULE 65)
-in case of discretionary execution, the Order of Execution- defendant may file a Petition for
Certiorari under Rule 65 with TRO or Injunction
-Third party claim: If the property levied upon belongs to another person- he may file an
affidavit for Redemption
REMEDY: Judgment from MTC can be appealed to RTC within 15 (or 30) days from receipt
of the judgment by Notice of Appeal or by record on appeal in case of multiple appeals or
special proceedings plus payment of appeal docket fee.
REMEDIES: Judgment from RTC in the exercise of original jurisdiction – Appeal to the
Court of Appeals by Notice of Appeal or record of Appeal in case of multiple appeals or
special proceedings, and payment of required appeal docket fee.
-order disallowing or dismissing an appeal- Petition for Certiorari under Rule 65 in relation
to SEC 1, RULE 41 (d)
REMEDY: Decision of the RTC in the exercise of its appellate jurisdiction, aggrieved party
may file a Petition for Review to the CA within 15 days from notice of judgment.
RULE 43: APPEAL FROM QUASI-JUDICIAL BODIES
REMEDY: Decision of the quasi judicial agencies- file a Petition for Review within 15 days
from notice of the judgment or award to the CA.
SEC 1, RULE 45
REMEDY: Purely questions of law from the decision of CA, Sandiganbayan, CTA or RTC
may file a Petition For Review on Certiorari under Rule 45 within 15 days from notice of
judgment
-in case of denial of Petition, file a Motion for Reconsideration under RULE 56 SEC 2, in re:
RULE 52
REMEDY: Final and executor judgment/order/resolution of the RTC- party may file a
Petition for Annulment of Judgment before the CA on the ground of fraud (with affidavit of
merit) or lack of jurisdiction
-final and executor judgment of the MTC/MCTC file a Petition for Annulment of Judgment
with the RTC (RULE 47 SEC 10)
-or he may file a Motion to Quash Writ of Attachment on the grounds specified under SEC 13
of RULE 57
-in case of denial, file a Motion For Reconsideration and if denied file a Petition for
Certiorari.
-to preserve status quo of the parties- Motion for Issuance of Status Quo Order.
-TRO may be issued exparte , good for 20 days in case of irreparable damage and injury or 72
hours in case of extreme urgency.
REMEDY: To preserve the property pending litigation: Application/ Motion for the
appointment of receiver
REMEDY: Posting of Counter Bond Double the Amount (SEC 5 RULE 60)
-in case of refusal after order from the court- apply for execution or contempt.
REMEDY: Person interested under a will, deed, contract or other written instrument or
whose rights are affected by statute , executive order regulations for interpretation- file a
Petition for Declaratory Relief
REMEDY: Final Judgment or Order of COA or COMELEC- file a Petition for Certiorari to the
SC within 30 days from notice of judgment
REMEDY: In case of usurpation of public office, position or franchise- file a Petition for Quo
Warranto
REMEDY: Private Property to be used for public purpose upon payment of just
compensation- file a Complaint for Expropriation
-adverse party may file his Opposition to the complaint for expropriation
REMEDY: Non payment of loan secured by real estate mortgage- file a Complaint for
Foreclosure of Real Estate Mortgage or Collection of Sum of Money with damages
REMEDIES: In case of adverse decision, aggrieved party may file a motion for
reconsideration and if denied, appeal the decision
-in case of judicial foreclosure- equity of redemption w/in 90 days not more than 120 days
from entry of judgment in case of banks- 1 year legal redemption.
REMEDY: Unlawful detainer- motion for recovery of possession within 1 year from last
demand- file a Complaint for Unlawful Detainer
Forcible Entry- dispossession through Fraud, Intimidation, Strategy, Threats, Stealth within
1 year from discovery
-in case of adverse- defendant may file an Appeal to the RTC (RULE 40) by filing a Notice of
Appeal payment of appeal docket fees.
REMEDIES: In case of adverse defendant may file an appeal to the RTC by Filing a Notice of
Appeal, payment of appeal docket fees, supersedes bond, in case of reward of rental or
compensation for the use of the property and periodic deposit of rentals
-failure to comply with any of the requirements for appeal, the winning party may file a
Motion for Execution pending appeal
DIRECT CONTEMPT
-in case of adverse resolution, the remedy of the aggrieved party is to file a petition for
Certiorari or Prohibition (SEC 2, RULE 71)
INDIRECT CONTEMPT
REMEDY: Misbehavior outside or not in the presence file a Petition for Indirect Contempt