Remedial Law Review Notes Under Atty Ferdinand Tan Consolidated Notes in Civil Procedure Notes By: Paul Lemuel E. Chavez

Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE

Notes by: Paul Lemuel E. Chavez
CIVIL PROCEDURE NOTES
PRELIMINARIES 1. Civil Procedure (Rules 1-71)
Remedial Law 2. Special Proceedings (Rules 72-109)
Branch of law which prescribes the 3. Criminal Procedure (R110-R127)

method of enforcing the rights or
obtaining redress for their invasions 4. Rules on Evidence (Rules 128-134)
Remedial Law vs Substantive Law What are the sources of Remedial

Law?
Substantive Law Remedial Law
1. 1987 Constitution
Part of the law Refers to the
which creates, legislation providing 2. BP 129 (Judiciary Reorganization Act
defines, or regulates means or methods of 1980) as amended by RA7691
rights concerning whereby causes of (Act expanding the jurisdiction of
life, liberty, or action may be MTCs, MuTCs, MCTCs
property or the effectuated, wrongs
3. Rules of Court
powers of agencies redressed, and relief
or instrumentalities obtained (adjective 4. Supreme Court Administrative
for the law) Matters and Circulars
administration of
public affairs 5. Supreme Court decisions
Makes vested rights Has no vested rights 6. New Civil Code

possible
7. Family Code
Prospective in Governs rights and
application transactions which 8. Local Government Code (RA 7160),
took place particularly the Katarungang
(retroactive) Pambarangay Law
Cannot be enacted SC is expressly 9. Special Laws and amendments

by SC empowered to
promulgate 10. Rules of Procedure on Small Claims
procedural rules
11. Revised Manual of the Clerk of
Court
Differentiate: Civil Actions, Special

Proceedings, Criminal Actions
Special Criminal Civil

Proceedin Procedure Action
gs
4 Main Divisions of Remedial Law:
1
A remedy The State A party apply

by which a prosecutes sues suppletory
party seeks a person another for (R72 S2)
to establish for an act the
a status, a or omission enforcemen May involve Involves Involves 2
right, or a punishable t or only one the State or more
particular by law protection party against the parties
fact (Rule 1 (Rule 1 of a right, accused
S3c) S3b) or the Initiated by Initiated by Initiated by
prevention petition complaint complaint,
or redress (but filed in or, in some
of a wrong court by special civil
A
proceeding Information actions, by
wherein a ) petition
person is A civil
Except Based on Based on a
prosecuted action may
Habeas an act or cause of
by the be ordinary
Corpus, omission action
State for or special.
NOT based punishable
acts or (R1 S3a)
on a cause by law
omissions
of action
committed
in violation
of penal
laws, and
to impose
the
correspondi
ng penalty
provided CONSTITUTIONAL PROVISIONS
for by Relating to CIVIL PROCEDURE
penal laws
A8 S1
Governed Governed Both are
by special by the governed Judicial Power shall be vested in one
rules, and Revised by the Supreme Court and in such lower courts as
in the Rules of Rules for may be established by law.
absence of Criminal ordinary
special Procedure civil Judicial Power includes the duty of the
provisions, actions, courts of justice to settle actual
the rules subject to controversies involving rights which are
provided specific legally demandable and enforceable, and
for in rules to determine whether or not there is grave
ordinary prescribed abuse of discretion amounting to lack or
civil for a excess of jurisdiction on the part of any
actions special civil branch or instrumentality of the
shall be, as action (R1 government.
far as S3a)
practicable,
2
What are those other Courts as may o Certiorari

be established by Law?
o Prohibition
Sandiganbayan
o Mandamus
Family Courts (RA 8369)
o Quo warranto
Court of Tax Appeals
o Habeas corpus
Sharia Court
Shari'a district courts
A7 S4
A3 S1
The Supreme Court en banc shall be the
No person shall be deprived of life, liberty, sole judge of all contests relating to the
or property without due process of law, nor election, returns, and qualification of the
shall any person be denied the equal President or Vice President, and may
protection of the laws. promulgate its rules for the purpose.
A3 S9—(Basis of Rule 67) A7 S18

Private property shall not be taken for The Supreme Court may review, in an
public use without payment of just appropriate proceeding filed by any citizen,
compensation the sufficiency of the factual basis of the
proclamation of martial law or the
suspension of the privilege of the writ or
A6 S30 the extension thereof, and must
promulgate its decision thereon within 30
No law shall be passed increasing the days from its filing.
appellate jurisdiction of the SC as provided
in this Constitution without its advice and
concurrence.
A8 S5 P2—(Basis of Rule 56)
- Review
A8 S5 P1 3Rev M A
- Revise
The Supreme Court shall have the following
- Reverse
powers:
- Modify
- Exercise original jurisdiction over
cases affecting: - Affirm
o Ambassadors o On appeal or certiorari, as
the law or the Rules of Court
o Other public ministers and
may provide, final
consuls
judgments and orders of
- Over petitions for lower courts in:
3
5. all cases in which only an error or

question of law is involved
1. All cases in which constitutionality
or validity of any
a. treaty, A8 S5 P5 (basis of Rules of Court)
b. international or executive The SC shall have the power to

agreement promulgate rules concerning:
c. law 1. Protection and enforcement of

constitutional rights
d. presidential decree
2. Pleading, practice, procedure in all
e. proclamation courts
f. order 3. Admission to practice of law
g. instruction 4. Integrated Bar
h. ordinance 5. Legal assistance to the

underprivileged
i. regulation
Such rules shall (Limits to SC-rule
i. is in question
making power):
1. Provide simplified and inexpensive

2. all cases involving the legality of procedure for speedy disposition of
any cases
a. tax 2. Shall be uniform for all courts of the

same grade
b. impost
3. Shall not diminish, increase, modify
c. assessment substantive rights.
d. toll Rules of procedure of special court and

quasi judicial bodies shall remain effective
e. any penalty imposed in unless disapproved by the SC
relation thereto
A8 S2
3. all cases in which the jurisdiction of
any lower court is in issue The Congress shall have the power to
define, prescribe, and apportion the
jurisdiction of the various courts but may
not deprive the SC of its jurisdiction over
4. all criminal cases in which the
cases enumerated in S5 thereof.
penalty imposed is reclusion
perpetua or higher
4
No law shall be passed reorganizing the Authority of the court to hear and
Judiciary when it undermines security of decide a case and to implement
tenure of its members. its decision
A3 S16 Rule 30 Rule 36
All persons shall have the right to speedy

disposition of cases before before all
judicial, quasi judicial, administrative Rule 39
bodies.
Venue Jurisdiction
A8 S14—(basis for Rule 36)
Place where action Power of court to
No decision shall be rendered by any court is instituted hear and decide a
without expressing therein clearly and case
distinctly the facts and the law on which it May be waived Jurisdiction over
is based. subject matter and
over nature of
No petition for review or motion for
action are conferred
reconsideration of a decision of the court
by law and cannot
shall be refused due course or denied
be waived
without starting the legal basis therefor.
Procedural Substantive
May be changed by Cannot be subject of

A9A S7 (basis of Rule 64)
written agreement the agreement of
Each Commission shall decide by majority of the parties the parties
of all its Members in any case or matter Not a ground for A ground for motu
brought before it within 60 days from date motu proprio proprio dismissal
of its submission for decision or resolution. dismissal, except in
A case or matter is deemed submitted for Summary Procedure
decision or resolution upon the filing of the
last pleading, brief, or memorandum
required by the rules of the Commission or
by the Commission itself. Unless otherwise General Jurisdiction
provided by this Constitution or by law, any
Power to adjudicate all
decision, order, or ruling of each
controversies except those
Commission may be brought to the SC on
expressly withheld from the plenary
certiorari by the aggrieved party within 30
powers of the court.
days from receipt of a copy thereof.
It extends to all controversies which

CIVIL PROCEDURE PROPER
may be brought before a court
Jurisdiction within the legal bounds of rights
and remedies.
5
Original Jurisdiction
Special or Limited Jurisdiction Power of the court to take judicial

cognizance of a case instituted for
One which restricts the court’s judicial action for the first time
jurisdiction only to particular cases under conditions provided by law
and subject to such limitations as and appellate jurisdiction, or the
may be provided by the governing authority of a court higher in rank to
law. re-examine the final order or
judgment of a lower court which
tried the case or elevated for
It is confined to particular causes, or judicial review. It is jurisdiction
which can be exercised only under conferred upon or inherent in the
the limitations and circumstances first instance
prescribed by the statute
Jurisdiction conferred by law and

Appellate Jurisdiction filed at the first instance (NOTE: all
civil actions)
Power and authority conferred upon
a superior court to rehear and
determine causes which have been
Exclusive Jurisdiction
tried in lower courts, the cognizance
which a superior court takes of a Power to adjudicate a case or
case removed to it, by appeal or proceeding to the exclusion of all
writ of error, from the decision of a other courts at that stage
lower court or the review by a
superior court of the final judgment
or order of some lower courts
Jurisdiction of the court to the
exclusion of all other courts
Concurrent / Confluent /
Coordinate Jurisdiction
Exclusive Original Jurisdiction
Power conferred upon different
courts, whether of the same or Power of the court to take judicial
different ranks, to take cognizance cognizance of a case instituted for
at the same stage of the same case judicial action for the first time to
in the same or different judicial the exclusion of all other courts
territories
Territorial Jurisdiction
E.g. CA, SC, Sandiganbayan, RTC- in Judicial Territory
Refers to geographical area within
HC cases, Writ of Amparo, Writ of
which the court’s powers can be
Habeas Data
exercised
Territorial Jurisdiction
It is the power of a tribunal considered with

reference to the territory or geographical area 6
within which it is to be exercised.
In civil cases, assumes importance courts shall not take cognizance of

in case of venue of real or mixed a case unless it has been decided at
action the administrative level
In criminal cases, consideration of

territory and locus of crime
determine venue and jurisdiction Coordinate Jurisdiction
Territorial jurisdictions: (same as Concurrent Jurisdiction)
SC and CA Power conferred upon different

courts, whether of the same or
National different ranks, to take cognizance
CRS CJ at the same stage of the same case
RTC in the same or different judicial
different -------------------courts
same or different --------ranks territories
Regional jurisdiction same -----------------------stage
same -----------------------case
Inferior courts same or different --------judicial territories
Ancillary Jurisdiction
Territorial jurisdiction as defined by
SC in BP129 Power of the courts to settle issues
which are incidental to main issue
*Power of tribunal considered with
reference to the territory within which it is
to be exercised.
Appeal by Petition for

Delegated Jurisdiction Certiorari Certiorari
The grant of authority to inferior Rule 45 Rule 65
courts to hear and determine
cadastral and land registration Petition is based on Petition is based on
cases under certain conditions questions of law questions of
jurisdiction, whether
the lower court
acted without
Doctrine of Primary Jurisdiction jurisdiction or in
excess of jurisdiction
courts will not resolve a controversy
or with grave abuse
involving a question which is within
of discretion
the jurisdiction of an administrative
tribunal, especially where the Mode of appeal Mode of review /
question demands the exercise of SPECIAL CIVIL
sound administrative discretion ACTION
requiring special knowledge and
experience of said tribunal in Involves review of Directed against
determining technical and intricate the judgment award interlocutory order
matters of fact or final order on the of the court or
merits where there is no
appeal or any plain,
7
speedy, or adequate filed with the with the RTC, CA,

remedy Supreme Court Sandiganbayan,
Comelec
Filed within 15 days Filed not later than
from notice of 60 days from notice
judgment, final of judgment, order,
order, or resolution or resolution sought JURISDICTION
appealed from to be reviewed
SUPREME COURT
Stays judgment or Unless a writ of
Original Jurisdiction of the Supreme
final order appealed preliminary
Court:
from injunction or
temporary A8 S5 P1- (Rule 56)
restraining order is
issued, the petition The SC shall have exclusive original
does not stay the jurisdiction over cases involving:
challenged
proceeding 1. Ambassadors
2. Other public ministers and consuls
Appellant and Judge, court, quasi 3. Over petitions for:

appellee are original judicial agency,
parties to the action, tribunal,
and the lower court corporation, board The SC also exercises
a. Certiorari OJ over petitions for:
or quasi judicial or officer or person
agency is not are public b. Prohibition
impleaded respondents who 1. writ of amparo,
are impleaded in the c. Mandamus 2. writ of habeas data,
action 3. writ of continuing
d. Quo warranto
mandamus, and
Motion for Motion for
e. Habeas corpus 4. writ of kalikasan.
reconsideration is reconsideration or
not required for new trial is
required; if a motion
for reconsideration Appellate Jurisdiction of the Supreme
or new trial is filed, Court:
the period shall not
only be interrupted A8 S5 P2
but another 60 days
shall be given to The SC may review, revise, reverse,
petitioner (SC Admin modify, or affirm on appeal or certiorari, as
Matter 02-03) the law or the Rules of Court may provide,
final judgments and orders of lower courts
Court is in exercise Court exercises in:
of its appellate original jurisdiction
jurisdiction and 1. All cases in which the
power of review constitutionality or validity of any
treaty, internation or executive
Petition shall be Petition shall be filed agreement, law, presidential
8
decree, proclamation, order, R45 S1- a party desiring to appeal by

instruction, ordinance, or regulation certiorari from a judgment or final order or
is in question resolution of the Court of Appeals may file
with the SC a verified petition for review on
certiorari. The petition shall raise only
T I A/T P
questions of law which must be distinctly
2. All cases involving the legality of
set forth.
any tax, impost, assessment or toll,
or any penalty imposed in relation
thereto
Note that questions of law can be raised
J(LC) before the CA (BP129) OJ .................CPM-HQ,
awp
3. All cases in which the jurisdiction of BP 129
EOJ ................AJ (RTC)
any lower court is in issue
COURT OF APPEALS EAJ ................FJ-DROA
(RTC,
Original jurisdiction / Original QJA-IBC)
4. All criminal cases in which the Concurrent Jurisdiction
penalty imposed is reclusion
perpetua or higher (WITHIN THE Original jurisdiction to issue writs of:
SCOPE OF CRIMINAL PROCEDURE-
RULE 45) - Mandamus
- Prohibition
5. All cases in which only an error or - Certiorari

question of law is imposed
- Habeas corpus
1 and 2- PURE QUESTIONS OF LAW
- Quo warranto
- Auxiliary writs and processes,

Administrative Supervision of the
o Whether or not in aid of its
Supreme Court: over:
JJPMC appellate jurisdiction
1. Over court personnel
2. Over Justices
Exclusive Original Jurisdiction:
3. Over Judges
Exclusive original jurisdiction over
4. Practice of Law the actions for annulment of
judgments of RTCs
5. Members of the Integrated Bar
Court personnel
Appellate Jurisdiction:
CA decisions
1. Rule 41- over RTC decisions in the
- Appealable to SC under Rule 45 exercise of its ORIGINAL
JURISDICTION (via Notice or Record
of Appeal)
9
- RTC jurisdiction, first instance, 4. In all actions in admiralty and

including Special Civil Actions maritime actions where demand or
claim exceeds 300k OMM or
exceeds 400k MM
2. Rule 42- over RTC decisions in the

exercise of its APPELLATE
JURISDICTION (via Petition for 5. In all matters of probate, testate or
Review) intestate, where gross value of
estate exceeds 300k OMM or
exceeds 400k MM
3. Rule 43- Exclusive appellate Gross value- assessed value of property of

jurisdiction over all final judgments, deceased before deduction (NOT market
resolution, orders, or awards of value)
quasi judicial agencies,
instrumentalities, boards, or
commissions (via Petition for
Review) 6. In all actions involving the contract
of marriage and marital relations
RTC
7. In all cases not within the exclusive
Exclusive Original Jurisdiction: jurisdiction of any court, tribunal,
person or body exercising
1. In all actions in which the subject of jurisdiction of any court, tribunal,
litigation is incapable of pecuniary person or body exercising judicial or
estimation quasi judicial functions
2. Actions which cannot be quantified (refer to 902-A below)

into monetary estimation
Subject matter (BP129)

8. In all civil actions and special
proceedings falling within Exclusive
original jurisdiction of a Juvenile and
3. In all civil actions which involve title
Domestic Relations Court and of the
to or possession of real property or
Court of Agrarian Relations as now
any interest therein, where
provided by law
assessed value of property involved
exceeds 20k OMM or in MM, value
of property involved exceeds 50k
9. In all other cases in which the
Except actions of FE and UD of demand, exclusive of interest,
lands and buildings, original damages of whatever kind,
jurisdiction of which is conferred attorney’s fees, litigation expenses,
with MTC, MuTC, MCTC
10
and costs or the value of property in

controversy exceeds 300k OMM or
exceeds 400k MM 3. Controversies in election or
appointment of directors, trustees,
1996 Bar- Gross value is 200k, property officers or managers of such
located in Pampanga. What is the corporations, partnerships, or
jurisdiction and venue? associations
MTC of the place of decedent’s actual

residence at the time of his death, if a
resident of the Philippines. If a non 4. Petitions of corporations,
resident, then the MTC of the place where partnerships or associations to be
his estate is located. declared in the state of suspension
of payments, in cases where the
corporation, partnership or
association possesses sufficient
(RA8799 S5.2 as amended by PD902-A)- property to cover all its debts but
exclusive and original jurisdiction of the foresees the impossibility of
RTC to hear and decide following cases: meeting them when the
respectively fall due or in cases
where the corporation, partnership
1. Cases involving devices or schemes or association has no sufficient
employed by or any acts of the assets to cover its liabilities, but is
board of directors, business under management of a
associates, its offices or rehabilitation receiver or
partnership, amounting to fraud or management committee
misrepresentation which may be
interest of the public and/or of the
stockholders, partners, members of Concurrent Original Jurisdiction:
associations or organizations
registered with the Commission With SC, CA, -- over petitions for certiorari,
mandamus, prohibition, quo warranto,
habeas corpus
2. Controversies arising out of

intracorporate or partnership
relations, between and among Appellate Jurisdiction:
stockholders, members or
associates, between any and all of Over all cases decided by MTCs, MuTCs,
them and the corporation, MCTCs in their respective territorial
partnership, or association of which jurisdictions
they are stockholders, members or
associates respectively, and
between such corporation, MTC
partnership or association and the
state insofar as it concerns their (note: baligtarin ang RTC jurisdiction, below
individual franchise or right to exist 20-50, 300-400)
as such entity
Ordinary Civil Actions:
11
1. exclusive original jurisdiction over does not exceed 20k OMM or does
civil actions and probate not exceed 50k MM exclusive of
proceedings, testate and intestate, interest, damages of whatever kind,
including grant of provisional AF, litigation expenses, costs.
remedies in proper cases, where the Provided that in cases of land not
value of the personal property, declared for taxation purposes, the
estate or amount of the demand value of such property shall be
does not exceed 300k OMM or 400k determined by assessed value of
MM exclusive of interest, damages, adjacent lots
of whatever kind, AF, litigation
expenses and costs, the amount of
which must be specifically alleged.
4. civil cases where the demand does
Provided, that interest, damages of
not exceed 300k or not more than
whatever kind, AF, litigation
400k MM
expenses, and costs shall be
included in the determination of the
filing fees. Provided further that
where there are several claims or 5. over actions involving personal
causes of actions between the same property valued at not more than
or different parties, embodied in the 300k OMM or not more than 400k
same complaint, the amount of MM
demand shall be the totality of the
claims in all the causes of action,
irrespective of whether the cause of
6. admiralty and maritime cases
action arose out of same or
where the demand or claim does
different transactions
not exceed 300k OMM or does not
exceed 400k MM
2. exclusive original jurisdiction over

cases of forcible entry or unlawful
Summary Procedure:
detainer, provided that when, in
such cases, defendant raises 1. All cases of FE and UD, irrespective
questions of ownership in his of the amount of damages or
pleadings and the question of unpaid rentals sought to be
possession cannot be resolved recovered. Where AF are awarded,
without deciding the issue of the same shall not exceed 20k
ownership, the issue of ownership
shall be resolved only to determine
the issue of possession (see:
Summary Procedure) 2. All other civil cases, except probate
proceedings, where the total
amount of the plaintiff’s claim does
not exceed 100k OMM or 200k MM
3. exclusive original jurisdiction in all exclusive of interests and costs (as
civil actions involving title to or amended by AM 2-11-9-SC)
possession of property or any
interest therein where assessed
value of property or interest therein
12
3. Civil cases not higher than 100k- By filing of original complaint in

Subject to the Rule on Small Claims court plus payment of requisite
docket fees
What if, gumitna? 150k?

Jurisdiction over defendant
Higher than 100k OMM, then subject to
Regular Proceedings in MTC By voluntary appearance or service
of summons
BUT, below 200k MM, hence, in such case,
subject to Summary Procedure pa rin
Jurisdiction over subject matter
Why the need to discuss jurisdiction? Conferred by law
To know whether subject to Motion to

Dismiss (Rule S1b), that the court has no
jurisdiction over the subject matter of the Jurisdiction over the issue
case
Determined by allegations in the
complaint PLEADING
In Civil Procedure, SC-CA-RTC-MTC
In Criminal Procedure, SC-CA- Jurisdiction over the res

SANDIGANBAYAN-RTC-MTC
By actual or constructive seizure of
property by way of attachment or
execution
Commencement of a Civil Action:
R1 S5
Action, Cause of Action, Right of Action
Civil action is commenced by the filing of (Simplified Version)
the original complaint in court and
payment of the requisite docket fees. If an Action Cause of Right of
additional defendant is impleaded in a later Action Action
pleading, the action is commenced with
Suit to Act or Remedial
regard to him on the date of filing of such
enforce omission by right to file a
later pleading, irrespective of whether the
one’s right which a suit based
motion for its admission, if necessary, is
or for the party on cause of
denied by the court.
prevention violates a action
or redress of right of
a wrong another
DOCKET FEES- needed to acquire
jurisdiction over the case
Original Distinctions:
Jurisdiction over plaintiff Action Cause of Right of
13
Action Action
Suit filed in Act or Remdial

court for omission by right or right
enforcemem which a to relief Kinds of actions:
determining
t or party violate granted by
1ST GROUP: for purposes of venue under
protection of a right of law to a
Rule 4
a right, or another (R2 party to
the S2) institute an Real Action
prevention action
or redress of against a - Actions affecting title to or
a wrong (R1 person who possession of real property (A415
S3) has NCC in consideration)
committed
delict or - Venue: R4 S1
wrong
against him
Reason for Remedy or Personal Action

the action means
afforded or
the - Involves privity of contract/personal
consequent property (A416-417 of NCC in
relief consideration)
Formal Remedial - Venue: R4 S2

statement of right given
operative to a person
facts that because of
give rise to a occurrence Mixed Action
remedial of the
right alleged facts
- Action affecting title to or
Matter of A matter of
possession of real property + Privity
procedure right and
of Contract
and depends depends on
on the substantive - Venue: R4 S1
pleadings law
filed by the
parties
2ND GROUP: for purposes of determining
Not affected Affected by jurisdiction/service of summons
by affirmative
affirmative defenses Action In Rem
defenses
(fraud, - Action which binds the whole world
prescription,
Note: all Special Proceedings are in
estoppel,
rem actions
etc)
14
- Summons/notification by directly particular

PUBLICATION property to
an obligation
or lien
burdening it
Action in Personam
Judgment is Judgment is Judgment is
- Action which binds the parties
binding on bonding only binding upon
the whole upon the particular
world parties persons
Action Quasi In Rem impleaded
or their
- Action which binds interests successors
in interest
o Foreclosure of mortgage
Examples: Examples: Examples:
o Partition
o Attachment
Probate Action for Action for
o Any interest or lien on real proceeding, specific partition
property performance
cadastral Action to
Action in Action in Action proceeding, Action for foreclose
rem personam Quasi in breach of real estate
Rem contract mortgage
Directed Directed Directed special

against the against against proceedings
thing itself particular particular
persons persons
Jurisdiction Jurisdiction Jurisdiction Real Action Personal Mixed

over person over person over the Action Action
of defendant of defendant person of
Ownership Personal Both real
is not is required the
or property is and personal
required defendant is
possession sought to be properties
not required
of real recovered or are involved
as long as
property is where
jurisdiction
involved damages for
over the res
breach of
is acquired
contract are
A An action to A proceeding sought
proceeding impose a to subject
Founded on Founded on Founded on
to determine responsibilit the interest
privy of real privity of both
the state or y or liability of a named
estate contract
condition of upon a defendant
a thing person over a Filed in the Filed in the Filed in the
15
court where court where court where (R4 S2) or personal action
the property the plaintiff the property
or any part or any of the or any part
thereof is plaintiffs thereof is
Mixed Action Quasi In Rem
situated (R4 resides, situated (R4
Action
S1) where S1)
defendant or Both real and Both real and
any of the personal properties personal properties
defendants are involved may also be
resides, or in involved
case of non
resident Founded on both Action directed
defendant, privity of real estate against particular
where he and privity of persons, but
may be contract jurisdiction over
found, at defendant is not
election of required as long as
plaintiff (R4 jurisdiction over the
S2) res is acquired
Example: Example: Example: Rules on venue of Rules on personal

real actions shall actions govern (?)
govern (R4 S1)
Accion Action for a Accion

reivindicatori sum of publiciana
a money with a claim Real Action In rem action
for damages Ownership or Action directed
possession of real against the thing
property is involved itself
Personal Action Action in
Filed in court where Not necessarily;
personam
property or portion depends on whether
Personal property is An action directed thereof is situated the action is real,
sought to be against particular personal, mixed
recovered or where persons, may be
A proceeding A proceeding to
damages for breach real action, personal
founded on privity of determine state or
of contract are action, mixed action
real estate condition of a thing
sought
Judgment may bind Judgment is binding
Founded on privity Not necessarily;
whole world, or upon the whole
of contract because the action
particular persons, world
may also be real or
depending on
mixed
whether in rem, in
Filed in court where R4 S1 or R4 S2 may personam, quasi in
plaintiff or any of govern, depending rem
defendants reside, on whether the
at option of plaintiff action is real action
16
PLEADING (R6 S1) In special civil actions
Sworn written statements of the In special proceedings

respective claims and defenses of
the parties submitted to the court Counter counter claim
for appropriate judgment
Counter cross claim
Counter Counter Counter Cross

Complaint (R6 S3) Claim Claim
The complaint is the pleading Any claim which Any claim which a
alleging the plaintiff’s cause or defending party in a defending party in a
causes of action. counterclaim may cross claim may
have against the have against the
original original cross
counterclaimant claimant
Answer (R6 S4)
COMPULSORY- Can be an initiatory
Pleading in which a defending party Arises out of or is pleading, if
sets forth his defenses necessarily permissive
connected with the
transaction or
occurrence that is
INITIATORY PLEADING
the subject matter
A pleading that initiates an action of the opposing
party’s claim
RESPONSIVE PLEADING
PERMISSIVE- does
A pleading that responds to not arise of or is
allegations in the adverse party’s necessarily
pleading connected with the
transaction or
occurrence that is
the subject matter
Initiatory Pleadings
of the opposing
Original complaint party’s claim
Permissive counterclaim
Cross claim
Third party complaint
4th party complaint Responsive Pleadings
Complaint in intervention
Answer to original complaint
Petition
Answer to permissive counterclaim
17
Answer to third party complaint counterclai Answer to

m permissive
Answer to fourth party complaint counterclaim
Answer to complaint in intervention
Cross claim
Comment or objection to petition Answer to third
party
Compulsory counterclaim
complaint
Third party
Reply complaint
Answer to counter counter claim
Answer to
Answer to counter cross claim fourth party
4th party
complaint
complaint
A motion IS NOT A PLEADING

Answer to
Complaint
A position paper IS NOT A PLEADING complaint in
in
intervention
A memorandum IS NOT A PLEADING interventio
n
Why?
Comment or
Motion is an application for relief other objection to
than by a pleading (R15 S1) Petition
petition
Position Paper and Memorandum only
narrate facts of the case, issues, no cause
In special civil
of action, no defenses, but only contain Compulsory
actions
discussions counterclaim
In special
Initiatory Responsive Reply
proceedings
Pleading Pleading
A pleading that A pleading that

initiates an action responds to Answer to
Counter
allegations in the counter
counter
adverse party’s counter claim
claim
pleading
Answer to
Counter
Original Answer to counter cross
cross claim
complaint original claim
complaint
Permissive Need to be Except when

verified, with otherwise provided by
18
certification law or these Rules, I. BARANGAY CONCILIATION

against forum need not be verified PROCEEDINGS
shopping, plus
payment of docket General Rule with respect to Barangay
fees Conciliation Proceedings:
No need for
certification against S412, LGC
forum shopping, and
not need for payment No complaint, petition, action or
of docket fees (Note: proceedings involving any matter within
compulsory authority of the Lupon shall be filed or
counterclaim, docket instituted directly or indirectly in court or in
fees are suspended) any other government office or
adjudication unless there has been a
confrontation between the parties before
the Lupon Chairman or the pangkat, and
Instances when that no conciliation or settlement has been
verification is needed: reacehed as certified by lupon or pangkat
chairman.
Actionable
document Exceptions to above rule:
S408, LGC
Allegations of 1. where one party is the government
usury or any subdivision or
instrumentality thereof
Answer to
permissive 2. where one party is a public officer
counterclaim or employee, and the dispute
relates to performance of his official
functions
Succeeding
offenses punishable by
pleadings in
imprisonment exceeding 1 year or a
special
fine exceeding 5k pesos
proceedings
Complaint- a pleading alleging plaintiff’s 3. offenses where there is no private

cause and causes of action offended party
FLOW OF CIVIL PROCEDURE 4. where the dispute involves real

properties located in different cities
or municipalities unless the parties
19
thereto agree to submit their

differences to amicable settlement
by an appropriate lupon 12. action to annul a judgment upon a
compromise
5. disputes involving parties who

actually reside in barangays of 13. CARL disputes
different cities or municipalities,
except where such barangay units
adjoin each other and the parties 14. Disputes involving traditions of an
thereto agree to submit their indigenous cultural community
differences to amicable settlement
by an appropriate lupon
Does the Exclusive Original

Jurisdiction of the RTC on actions
6. such other classes of disputes which involving those incapable of pecuniary
the President may determine in the estimation include provisional
interest of justice remedies as falling within the
category?
No, because provisional remedies are

7. where one of the parties is a
merely ancillary to the main action. The
juridical entity
category of actions incapable of pecuniary
estimation refers only to main actions.
8. where accused is under police

custody or detention
Purpose of Barangay Proceedings:
Reduce the number of litigations and

9. where the person has otherwise prevent the deterioration of the quality of
been deprived of personal liberty justice which has been brought about by
calling for habeas corpus indiscriminate filing of cases in the courts.
proceeding (Zamora vs Heirs of Izquierdo)
10. where the actions are coupled with Venue of Barangay Conciliation
provisional remedies such as Proceedings:
preliminary injunction, attachment,
S409, LGC
delivery of personal property, and
support pendent lite Disputes between persons
actually residing in the same
where the action may otherwise be
barangay shall be brought for
barred by the statute of limitations
amicable settlement before the
lupon of said barangay
11. in case of labor disputes
20
Those involving actual residents thereof, unless repudiation of the

of different barangays within settlement has been made or a petition to
the same city or munipality shall nullify the award has been filed before the
be brought in the barangay where proper city or municipal court.
the respondent or any of the
respondents actually resides, at the However, this provision shall not apply to
election of the complainant court cases settled by the lupon under last
paragraph of S408 of this Code, in which
case the compromise settlement agreed
upon by the parties before the lupon shall
All disputes involving real be submitted to the court and upon
property or any interest therein approval thereof, have the force and effect
shall be brought in the barangay of a judgment of said court.
where the real property or the
larger portion thereof is situated
Rules on execution of judgment in

Barangay Proceedings:
Those arising at the workplace
where the contending parties S417, LGC
are employed or at the
institution where such parties The amicable settlement or arbitration
are enrolled for study, shall be award may be enforced by execution by
brought in the barangay where such the lupon within 6 months from the date of
workplace or institution is located the settlement. After the lapse of such
time, the settlement may be enforced by
action in the appropriate city or municipal
court.
Rules on appearance before Barangay
Proceedings:
S415, LGC Remedies of the parties in case of

failure of amicable settlement before
In all katarungang pambarangay the lupon:
proceedings, the parties must appear in
person without the assistance of counsel or 1. File the case before the proper
representative, except for minors and court
incompetents who may be assisted by their
next of kin who are not lawyers. 2. Repudiate the agreement (S418,
LGC)
3. File a petition before the MTC to

Effect of Amicable Settlement and nullify the agreement (basis?)
Arbitration Award:
S416, LGC
Remedy in case of failure to comply
The amicable settlement and arbitration with Barangay Conciliation:
award shall have the force and effect of a
final judgment of a court upon the As defendant, file a motion to dismiss
expiration of 10 days from the date under R16 S1j on the ground that a
21
condition precedent has not been complied o There is need to register it

with. with the register of deeds
Motion to dismiss was granted, II. COMPLAINT

remedy of plaintiff?
Complaint (R6 S3)
Re file the case with the certification of
having undergone Barangay conciliation The complaint is the pleading
proceedings, as the dismissal is without alleging the plaintiff’s cause or
prejudice. causes of action.
Motion to dismiss was denied, remedy Undergone Barangay

of defendant? Conciliation Proceedings
R16 S4 states that if the motion is denied, NOTE: If the case undergone Barangay
movant shall file his answer within the conciliation proceedings first, there must
balance of the period granted by Rule 11 to be a specific allegation in the complaint
which he was entitled at the time of that there is compliance with Barangay
serving his motion, but not less than 5 days Conciliation proceedings
in any event, computed from his receipt of
Pag wala, patay (?)- M2D S1j OR amend the
the notice of the denial. Proceed with the
complaint (?)
trial, and when the decision is adverse, file
an appeal raising as error the ground for
denial of the motion to dismiss. When the
denial is tainted with grave abuse of Jurisdiction
discretion amounting to lack or excess of
jurisdiction, file petition for certiorari under IF, court has no jurisdiction, M2D R16 S1b
Rule 65.
(importance of knowing BP129 as amended
by RA7691 Rules on Jurisdiction)
** In between Barangay conciliation Granted- Refile

and filing of complaint, if real
Denied- State R16 S4 (yung BUONG SAGOT
property is involved, plaintiff can file
na Gusto ni Boss Atty Tan)
adverse claim over the property, or
can file notice of lis pendens
Notice of Lis Pendens Summary Procedure:

- “buyer beware” Cases covered:
- Notice to buyer of existence of an 1. All cases of FE and UD, irrespective
adverse claim of the amount of damages or
unpaid rentals sought to be
o It is not a pleading
recovered. Where AF are awarded,
the same shall not exceed 20k
22
- Can be subject to stipulation of the

parties
2. All other civil cases, except probate
proceedings, where the total State: Rules on venue
amount of the plaintiff’s claim does
not exceed 100k OMM or 200k MM R4 S1
exclusive of interests and costs (as
Actions affecting title to or possession of
amended by AM 2-11-9-SC)
real property or interest therein shall be
commenced and tried in the proper court
which has jurisdiction over the area
3. Civil cases not higher than 100k- wherein the real property involved or a
Subject to the Rule on Small Claims portion thereof is situated.
Forcible entry and unlawful detainer

actions shall be commenced and tried in
GENERAL RULE on Summary Procedure: No the MTC of the municipality or city wherein
Motion to Dismiss is allowed (Prohibited the real property involved or a portion
Pleading) thereof is situated.
EXCEPT: R4 S2
1. Lack of jurisdiction over the subject All other actions may be commenced and
matter of the claim tried where the plaintiff or any of the
principal plaintiffs resides, where the
defendant or any of the defendants
2. Lack of jurisdiction over the person resides, or in case of a non resident
of the defendant defendant he may be found at the election
of the plaintiff.
R4 S3
3. Failure to comply with Barangay
Conciliation Proceedings If any of the defendants does not reside
and is not found in the Philippines, and the
action affects the personal status of the
plaintiff or any property of said defendant
HOWEVER, with respect to SMALL CLAIMS located in the Philippines, the action may
CASES, be commenced and tried in the court of the
place where the plaintiff resides, or where
ABSOLUTE RULE: motion to dismiss is not
the property or any portion thereof is
allowed
situated or found
Reason: defeats the purpose of Small
Claims Proceedings
EXCLUSIVITY OF VENUE- NOTE: Rule 4
SHALL NOT APPLY... if
Venue
R4 S4
1. The parties have validly agreed in

writing
23
2. The agreement in writing was made The motion was granted (court issues
before the filing of the action not a judgment but an ORDER).
Counsel for plaintiff. Remedy?
3. Exclusive venue is stipulated
I will refile the case in the court of the
Atty Tan’s comment: proper venue, because the order of
dismissal is without prejudice (R16).
Rule 4 of the Rules of Court did not provide
for MAY, but SHALL EXCEPT: if there exists grave abuse of
discretion amounting to lack or excess of
Suppose, Real property is subject of
jurisdiction, Certiorari Rule 65 is the proper
dispute (real action). A lives in Pasay, B
remedy
lives in Manila, the real property is located
in Davao. Following Rule 4 S1, the suit
should be filed in Davao, being the place
where the property or portion thereof is Motion to dismiss was denied.
situated. However, the parties can Remedy for defendant?
exclusively agree that the venue can be
filed in Baguio, provided that the requisites Rule 16 S4
of R4 S4 as to exclusivity of venue are
File an answer within the balance of the
complied with
period prescribed by Rule 11 to which he
So, it means that Rule 4 S1 can be the was entitled at the time of serving his
subject of agreement, and that the suit can motion but not less than 5 days in any
be filed somewhere else other than what event, computed from his receiving of
S1 provides? (Parang ok lang sana kung notice of denial. Then, go to trial. When
concern e personal action under R4 S2- can the decision is adverse, file an appeal
be subject of agreement, pero venue of raising as error the denial of the motion to
REAL ACTION CAN BE SUBJECT OF dismiss. If the denial of the motion is
AGREEMENT?! Labo ata...) tainted with grave abuse of discretion
amounting to lack or excess of jurisdiction,
Seems there is a loophole in Rule 4 file petition for certiorari under Rule 65.
If the venue is permissive, Motion to dismiss on the ground of

improper venue IS A PROHIBITED
Then the venue is in addition to the PLEADING under the Rules on Summary
rules on venue Procedure, and more so in Small Claims
Remedy: raise the ground as an

affirmative defense
Action was filed in the wrong venue:
I will file motion to dismiss under R16 S1c

on the ground that the venue is improperly Parties
laid
(R3 S1)
Only natural or juridical persons, or entities

authorized by law may be parties in a civil
24
action. The term plaintiff may refer to the respect of his opponent’s claim (R6
claiming party, the counterclaimant, cross S11)
claimant, or the 3rd 4th etc party plaintiff.
The term defendant may refer to the
original defending party, the defendant in
Cross Claimant
the counterclaim, the cross defendant, or
the 3rd 4th etc party defendant. A party to an original action who
has a claim against a co party
Plaintiff includes:
arising out of the transaction or
- Counter counterclaimant occurrence that is the subject
matter either of the original action
- Counter cross claimant or of a counterclaim therein (R6 S8)
Defendant includes:
- Defendant in counter counterclaim Real Party In Interest
- Defendant in counter cross claim A real party in interest is the party

who stands to be benefited or
- An unwilling co plaintiff or one who injured by the judgment in the suit,
should be joined as plaintiff but or the party entitled to the avails of
refuses to give consent thereto (R3 the suit. Unless otherwise provided
S10) by law or these rules, every action
must be prosecuted or defended in
- A person necessary to a complete
the name of the real party in
determination or settlement of the
interest(R3 S2)
questions involved therein
Plaintiff
Indispensable Party
A person having an interest in the
matter of the action or in obtaining An indispensable party is a party in
the relief demanded interest without whom no final
determination can be had of an
Defendant
action who shall be joined either as
A person claiming an interest in the plaintiff or defendant (R3 S7)
controversy or the subject thereof
adverse to the plaintiff
Necessary Party
A necessary party is a party who is

3rd party plaintiff
not indispensable but who ought to
A defending party who may with be joined as a party if complete
leave of court file against a third relief is to be accorded as to those
person not party to the action called already parties, or for a complete
the 3rd 4th etc party defendant a determination or settlement of the
claim for contribution, indemnity, claim subject of the action (R3 S8)
subrogation, or any other relief in
25
Who is a proper party? Parties who are required to be joined as co

parties in suits by or against another party
A proper Party is the same as a necessary as may be provided by the applicable
party, a party who is not indispensable but substantive law or procedural rule
who is ought to be joined as a party if
complete relief is to be accorded as to EXAMPLE: Spouses- husband and wife shall
those already parties, or for a complete sue or be sued jointly, except as provided
determination or settlement of the claim by law (R3 S4)
subject of the action (R3 S8)
Party those presence is necessary to

adjudicate the whole controversy, but Quasi Party
those whose interests are so far separable
Parties in whose behalf a class or
that final decree can be made in their
representative suit is brought
absence without affecting them
(Quisumbing vs CA GR 93335 9/13/1990)
Not a real party in interest: Remedy?
Representative party MOTION TO DISMISS on the ground of

failure to state cause of action
R3 S3
Granted- refile
Party acting in a fiduciary capacity. The
beneficiary shall be included in the title of Denied:
the case and shall be deemed to be the
real party in interest. It may be: I will file an answer within the balance of
the period prescribed by Rule 11 to which i
- Trustee of an express trust am entitled at the time of serving my
motion, but not less than 5 days in any
- Guardian
event, computed from my receipt of notice
- Executor of denial. Then, proceed with the trial. In
case of adverse decision I will appeal the
- Administrator judgment and assign as error the denial of
the motion to dismiss.
- A party authorized by law or these
rules However, if the denial is tainted with GAD
o (agent acting in his own then I will file petition for certiorari under
name and for the benefit of Rule 65.
an undisclosed principal may
sue or be sued without
joining the principal except
when the contract involves JOINDER OF PARTIES
things belonging to the
Requisites:
principal)
1. Right to relief arises out of the same
transaction or series of transactions
Pro Forma Party
26
2. Jurisdiction over plaintiffs and Act or omission by which a party

defendants can be obtained violates a right of another (R2 S2)
3. There is question of law or fact What are the elements of a cause of

common to all plaintiffs or action?
defendants
1. Plaintiff exercises a legal right
2. Correlative obligation the part of

4. Such joinder is not otherwise defendant to respect plaintiff’s legal
proscribed by the provisions of the right
rules on jurisdiction and venue
3. Defendant violates plaintiff’s legal
R3 S6 right in a manner contrary to law,
morals, good customs, public order,
All persons in whom or against whom any public policy
right to relief in respect to or arising out of
the same or series of transactions is *STATE ALL CAUSES OF ACTION in the
alleged to exist, either jointly, severally, or PLEADING!
in the alternative, may, except as
otherwise provided in these rules, join as IF NOT, remedy:
plaintiffs or be joined as defendants in one
M2D R16 S1g- failure to state cause of
complaint, where any question of law or
action
fact common to all such plaintiffs or to all
such defendants may arise in the action; GRANTED: refile; amend pleading
but the court may make such orders as
may be just to prevent any plaintiff or Denied:
defendant from being embarrassed or put
to expense in connection with any I will file an answer within the balance of
proceedings in which he may have no the period prescribed by Rule 11 to which i
interest. am entitled at the time of serving my
of denial. Then, proceed with the trial. In
Non joinder/Misjoinder of parties- not a case of adverse decision I will appeal the
ground for motion to dismiss judgment and assign as error the denial of
the motion to dismiss.
IF so, remedy:
However, if the denial is tainted with GAD
Amendment of the pleading (Rule 3 in
relation to Rule 10
then I will file petition for certiorari under
Rule 65.
Cause of Action Joinder of Causes of Action (R2 S5)
A party may in one pleading assert, in the

alternative or otherwise, as many causes of
27
action as he may have against an opposing joinder shall be allowed in the RTC
party, subject to the following conditions: provided that it falls within the
jurisdiction of said court and the
A. That the party joining the causes of venue lies therein
action shall comply with the rules
on joinder of parties
D. Where the claims in all causes of

action are principally for recovery of
B. The joinder shall not include special money, the aggregate amount
civil actions and actions governed claimed shall be the test of
by Special Rules jurisdiction
Special Civil Actions:
1. Interpleader (R62) If you are counsel for plaintiff, and the

causes of action are not joined,
2. Declaratory Relief (R63)
remedy?
3. Review of Judgments and Final
File a motion to amend the complaint (as a
orders or resolutions of COMELEC,
matter or right before a responsive
CoA (R64)
pleading is filed, or with leave of court after
4. Certiorari, Prohibition, Mandamus a responsive pleading is filed if the
(R65) amendment is substantial—Here, di ko
alam kung substantial to...) – R10 S2 and 3
5. Quo Warranto (R66)
6. Expropriation (R67)
Splitting a Single Cause of Action:
7. Foreclosure of Real Estate Mortgage
(R68) It is the act of dividing or indivisible
cause of action into several causes
8. Partition (R69) of actions and bringing several
actions thereon
9. Forcible Entry and Unlawful
Detainer (R70)
10. Contempt (R71) R2 S3
INCLUDES: SPECIAL PROCEEDINGS A party may not institute more than one
(SEGTARHHCVJCDC +) suit for a single cause of action
Sum of money + Foreclosure of Mortgage

= CANNOT BE JOINED! (latter is a special
civil action) R2 S4
Hence, sue in alternative / either or If 2 or more suits are instituted on the basis
of the same cause of action, the filing of
one or a judgment upon the merits in any
one is available as a ground for dismissal of
C. Where the claims pertain to the others.
different venues or jurisdictions, the
28
respective participation in the case shall be

indicated.
Supposing, the plaintiff split a single
cause of action, remedy?
As defendant, I will file a motion to dismiss R7 S2

on the ground of litis pendencia or res
judicata (R16 S1 e or f) The body of the pleading shall set forth
its:
GRANTED, remedy: APPEAL (dismissal is
with prejudice) 1. Designation
DENIED: 2. Allegation of the claims or defenses
I will file an answer within the balance of 3. Relief prayed for

the period prescribed by Rule 11 to which i
4. Date of the pleading
am entitled at the time of serving my
of denial. Then, proceed with the trial. In Paragraph
case of adverse decision I will appeal the
judgment and assign as error the denial of The allegations in the body of a pleading
the motion to dismiss. shall be divided into paragraphs so
numbered as to be readily identified each
However, if the denial is tainted with GAD of which shall contain a statement of a
amounting to lack or excess of jurisdiction, single act of circumstances so far as can be
then I will file petition for certiorari under done with convenience.
Rule 65.
A paragraph may be referred to by its
number in all succeeding pleadings.
PLEADING / PARTS OF A Headings

PLEADING
When 2 or more causes of action are
Rule 7 S1 joined, the statement of the first shall be
prefaced by the words first cause of action,
The caption sets forth: of the second by second cause of action
and so on for the others.
a. Name of the court
When one or more paragraphs in the
b. Title of the action
answer are addressed to one of several
c. Docket number if assigned causes of action in the complaint, they
shall be prefaced by the words answer to
The title of the action indicates the names the second cause of action or answer to the
of the parties. They shall be named in the second cause of action and so on; and
original complaint or petition. But in when one or more paragraphs are
subsequent pleadings, it shall be sufficient addressed to several causes of action, they
if the name of the first party on each side shall be prefaced by words to that effect.
be stated with an appropriate indication
when there are other parties. Their Relief
29
The pleading shall specify the relief sought, R7 S4

but it may add a general prayer for such
further or other relief as may be deemed Except when otherwise specifically
just and equitable. required by law or rule, pleadings need not
be under oath, verified, or accompanied
Date by affidavit.
Every pleading shall be dated A pleading is verified by an affidavit that
1. the affiant has read the pleading
R7 S3 2. that the allegations therein are true

and correct of his personal
Every pleading must be signed by the knowledge or based on authentic
party or counsel representing him stating records
in either case his address which should not
be a post office box. The signature of A pleading required to be verified which
counsel constitutes a certification by him contains a verification based
that
1. on information and belief or
1. he has read the pleading,
2. upon knowledge, information and
2. that to the best of his knowledge, belief
information or belief there is good
ground to support it, and 3. or lacks a proper verification
3. that it is not interposed for delay shall be treated as an unsigned pleading
An unsigned pleading produces no legal

effect
Is a jurat a part of a pleading?
However, the court may, in its discretion,
The general rule is that pleadings need not
allow such deficiency to be remedied if it
be verified. However, if the law or the
appear that the same was due to mere
Rules require that a pleading be verified,
inadvertence and not intended for delay.
verification is done by way of affidavit. In
1. Counsel who deliberately files an affidavit, there is a need for jurat to be
unsigned pleading present. Hence, in a verified pleading, a
jurat becomes part of a pleading.
2. Signs a pleading in violation of
these rule,
3. or alleges scandalous or indecent What are the pleadings that need to

matter therein, be verified?
4. Or fails to promptly report to the Petition for relief from judgment or

court a change of his address, shall order (R38 S3)
be subject to appropriate
disciplinary action
Petition for review from RTC to CA
(R42 S1)
30
Interpleader (R62)
Petition for review from CTA and q-j

agencies to the CA (R43 S5)
Declaratory Relief and Similar
Appeal by certiorari from the CA to Remedies (R63)
SC (R45 S4)
Review of Judgments and Final

Petition for annulment of judgment Orders or
or final orders and resolutions (R47
S4)
Resolutions of COMELEC, CoA (R64)
Complaint for injunction (R58 S4)
Petitions for certiorari, prohibition,

mandamus (R65)
Application for appointment of
receiver (R59 S1)
Quo Warranto (R66)
Application for support pendent lite

(Rule 61 S1)
Expropriation (R67)
(all initiatory pleadings)
Original Complaint
Foreclosure of Real Estate Mortgage
(Rule 68)
Permissive Counterclaim
Partition (R69)
Cross Claim
Forcible Entry and Unlawful

Detainer (R70)
3rd 4th etc party complaint
Contempt (R71)
(all Special Proceedings)
Settlement of Estate of Deceased

Petition (R73-90)
(all Special Civil Actions)
31
Escheat (R91)
Cancellation or Correction of Entries

in the Civil Registry (R108)
Petition for guardianship of minors
(AM __-__-__-SC)
Voluntary Dissolution of
Corporations (Corporation Code
Petition for guardianship of )
incompetents (R92-97)
Judicial Approval of Voluntary

Petition for custody of minors in Recognition of Minor Natural
relation to habeas corpus, AM __-__- Children (Family Code,
__-SC) )
Trusteeship (R98) Constitution of the Family Home

(Family Code, )
Petition for Domestic Adoption

(Domestic Adoption Act, ) Declaration of Absence and
Presumptive
Petition for inter country adoption

(Inter Country Adoption Act, Death (R107 in relation to Civil and
) Family Code )
Habeas Corpus (R102) Petition for declaration of Nullity

and Annulment of Marriage (
)
Writ of Amparo (
)
Petition for legal separation (
)
Writ of Habeas Data (
)
Pleadings not required be verified in
the manner and form prescribed by S4
Change of Name (R103) of this Rule but the same must be
under oath:
Clerical Error Act ( )
32
Denial of genuineness and due Third party claim (R39 S16)

execution of actionable document
(R8 S8)
Proof required of a redemptioner

(R39 S30)
Denial of allegations of usury (R8
S11)
Motion for preliminary attachment

(R57 S3)
Motion to set aside default order
(R9 S3b)
Motion for dissolution of preliminary

injunction (R58 S6)
Answer to written interrogatories
(R25 S2)
Application for writ of replevin (R60

S2)
Answer to request for admission
(R26 S2)
Claim against estate of a decedent

(R86 9)
The following pleadings or motion
with affidavit or affidavits of merit:
Motion to postpone for absence of Motion for new trial on the ground
evidence (R30 S3) of newly discovered evidence in
criminal cases (R121 S4)
Motion to postpone for illness of a

party or counsel (R30 S4) Does the answer need to be verified?
Motion for summary judgment or As a general rule, answers need not be

opposition thereto (R35 S1,2,3,5) verified, save for following instances:
Answer to allegations of usury in a

complaint to recover usurious
Motion for new trial on the ground interests (R8 S11)
of fraud, accident, mistake, or
excusable negligence or opposition
thereto (r37 S2)
When the answer is based on an
actionable document (R8 S8)
Petition for relief from judgment or

order (R38 S3)
Answer under the Revised Rules on
Summary Procedure
33
Answer in Small Claims Cases R7 S5- certification against forum

shopping
Plaintiff or principal party shall certify

If the pleading is not verified, as under oath in the complaint or other
counsel for plaintiff, remedy? initiatory pleading assisting a claim for
relief, or in a sworn certification annexed
File for judgment on the pleadings under
thereto and simultaneously filed therewith,
Rule 34 S1, on the ground of admission of
material allegations of the adverse party’s 1. that he has not theretofore
pleadings. Ground is based on the fact commenced any action or filed any
that an answer is filed, but there is no claim involving the same issues in
genuine issue because the allegations are any court, tribunal or quasi judicial
deemed admitted. agency, and, to the best of his
knowledge, no such other claim or
R34 S1
action is pending therein
Grounds for judgment on the pleadings:
Answer fails to tender an issue

2. if there is no such other pending
Answer admits the material action or claim, a complete
allegations of the adverse party’s statement of the present status
pleading thereof
Who can verify a pleading? 3. if he should thereafter learn that

the same or similar action or claim
A party need not sign the verification. is filed or is pending, he shall report
that fact within 5 days therefrom to
The following may sign verification: the court where his aforesaid
complaint or initiatory pleading has
Party
been filed
Party’s representative
Failure to comply with the foregoing
Party’s Lawyer requirements shall not be curable by mere
amendment of the complaint or pleading
Any person who personally knows but shall be cause for dismissal of the case
the truth of the facts alleged in the without prejudice, unless otherwise
pleading provided, upon motion and after hearing.
Submission of a false certification or non

compliance with any of the undertakings
How about an authorized therein shall constitute indirect contempt
representative? Can he verify? of court without prejudice to corresponding
administrative and criminal actions.
Yes, if armed with proper authority from
the party (Through SPA?)
34
If acts of party or counsel clearly constitute Original complaint

wilful and deliberate forum shopping, the
same shall be ground for summary Permissive counterclaim
dismissal with prejudice, direct contempt,
Cross claim
and cause for administrative sanctions.
3rd 4th etc party complaint
Forum Shopping:
Petition
Forum shopping is an act of malpractice of
filing multiple suits in different courts
either simultaneously or successively,
involving the same parties, and asking the What is stated in certification against
courts to rule on the same or related forum shopping:
causes and/or to grant the same or
substantially the same relief R7 S5
The plaintiff or principal party shall certify

under oath in the complaint or other
3 ways of committing forum shopping: initiatory pleading asserting a claim for
relief, or in a sworn certification annexed
Filing multiple cases based on the thereto and simultaneously filed therewith:
same cause of action and with the
same prayer the previous not 1. That he has not theretofore
having been resolved (litis commenced any action or filed any
pendencia) claim involving the same issues in
any court, tribunal or quasi judicial
agency and, to the best of his
knowledge, no such other action or
Filing multiple cases based on the
claim is pending therein
same cause of action and with the
same prayer, the previous having 2. If there is such other pending claim
been resolved with finality (res or action, a complete statement of
judicata) the present status thereof
3. If he should thereafter learn that

the same or similar action or claim
Filing multiple cases based on same
has been filed or is pending, he
causes of action but with different
shall report that fact within 5 days
prayers (splitting cause of action on
therefrom to the court wherein his
the ground of litis pendencia or res
aforeseaid complaint or initiatory
judicata)
pleading has been filed
Pleadings requiring certification

States the effects of: (R7 S5)
against forum shopping:
Failure to attach certification
against forum shopping
35
Failure to comply with the foregoing As counsel for defendant, file motion to
requirements shall not be curable by mere dismiss under Rule 16 S1j on the ground
amendment of the complaint or pleading that a condition precedent has not been
but shall be cause for dismissal of the case complied with.
without prejudice, unless otherwise
provided, upon motion and after hearing.
Remedy is file motion to dismiss Motion to dismiss was granted,

R16 S1j, and if granted, plaintiff’s remedy?
remedy is to refile the case with the
As plaintiff, refile the case, on the ground
required certification, unless if
that the dismissal is without prejudice.
declared by the court as dismissal
with prejudice, hence, remedy is
appeal
If the plaintiff committed wilful and
deliberate forum shopping, and the
complaint was dismissed, remedy?
Submission of a falser
certification or non compliance As plaintiff, i will file notice of appeal under
of any of the undertakings Rule 41, because the dismissal is without
therein prejudice, hence, in the nature of a final
order.
Submission of a false certification or non
compliance of any of the undertakings
therein shall constitute indirect contempt
of court without prejudice to corresponding Define, enumerate, each pleadings:
administrative and criminal actions
Complaint (R6 S3)
The complaint is the pleading

Willful and deliberate forum alleging the plaintiff’s cause or
shopping causes of action.
If the acts of party or counsel clearly

constitute wilful and deliberate forum
shopping, the same shall be ground for Counterclaim (R6 S6)
summary dismissal with prejudice, direct
Any claim which a defending party
contempt, and cause for administrative
may have against an opposing party
sanctions.
Serves as FINAL ORDER, hence,

appeal is the proper remedy if Compulsory Counterclaim (R6
motion to dismiss under R16 S1j is S7)
granted
A counterclaim which being
cognizable by the regular courts of
justice arises out of or is connected
Remedies in case of failure to attach
with the transaction or occurrence
certification against forum shopping:
constituting the subject matter of
the opposing party’s claim and does
36
not require for its adjudication the

presence of third parties of whom
the court cannot acquire jurisdiction Answer in intervention (R19 S3)
Filed by intervenor if he unites with

the defending party in resisting a
Permissive Counterclaim (R6 claim against the latter
S7)
A counterclaim which being

cognizable by the regular courts of Answer (R6 S4)
justice does not arise out of or is
Pleading in which a defending party
connected with the transaction or
sets forth his defenses
occurrence constituting the subject
matter of the opposing party’s claim
and may require for its adjudication
the presence of third parties of Counter counterclaim (R6 S9)
whom the court cannot acquire
jurisdiction A counterclaim that may be
asserted against an original
counterclaimant
Cross claim (R6 S8)
Any claim by one party against a co Counter crossclaim

party arising out of the transaction
or occurrence that is the subject A cross claim which may be filed
matter either of the original action against an original cross claimant
or of a counterclaim therein
3rd 4th etc party complaint (R6

Counterclaim
S11)
Original complaint
A claim that a defending party may,
with leave of court, file against a A vs B
person not a party to the action,
called a 3rd 4th etc party defendant
for contribution, indemnity,
subrogation, or any other relief in Counterclaim
respect of his opponent’s claim
Counter Counter Claim

Complaint in intervention (R19
S1)
Cross Claim
Pleading filed by an intervenor if he
answers a claim against either or all A vs B and C
of the original parties
37
(Original Complaint) interest against both

parties, or who is so
Cross Claim situated as to be
adversely affected
by the distribution
Counter Cross Claim or other disposition
of property in the
custody of the court
or of an officer
Third Party Complaint thereof
A vs B vs C (for CISA)
C is impleaded for CISA
Third party is Third party has legal

impleaded in the interest and wants
Complaint In intervention suit for CISA to be impleaded in
the suit
A vs B
C (or)
Requires payment of docket fees
C wants to be impleaded in the action
Permissive Counterclaim vs Compulsory

Counterclaim (Simplified version)
THIRD PARTY COMPLAINT IN Permissive CC Compulsory CC
COMPLAINT INTERVENTION
Does not arise out of Arises out of or is
Rule 6 Rule 19 or is connected with connected with the
A claim that a Pleading filed by an the transaction or transaction or
defending party intervenor if he occurrence that is occurrence that is
may, with leave of answers a claim the subject matter the subject matter
court, file against a against either or all of the opposing of the opposing
person not a party of the original party’s claim party’s claim
to the action, called parties Needs verification Not
a 3rd 4th etc party and certification
defendant for against forum
contribution, shopping
Intervenor is any
indemnity,
person who has a
subrogation, or any Docket fee is Docket fees are
legal interest in the
other relief in required to be paid suspended
matter in ligitation,
respect of his
or in the success of Failure to file not
opponent’s claim
either of the parties, answer results in
or who has an declaration of
38
default case, regardless of

which party is
may require for its Does not require for successful, would
adjudication the its adjudication the amount to res
presence of third presence of third judicata in the other
parties over whom parties over whom case
the court cannot the court cannot
acquire jurisdiction acquire jurisdiction Notice A ground for motion
to dismiss under
Not barred even if Barred if not set up Rule 16
not set up in the in the action
action
Initiatory pleading Not an initiatory

pleading
Simultaneous or after filing of the original
complaint/pleading asserting a claim,
3PC vs Third party claim PROVISIONAL REMEDIES may be availed

of, ancillary to the main action for
Third Party Third Party Claim
protection and preservation of rights while
Complaint
the main action is pending
Initiated by way of By way of affidavit
PROVISIONAL REMEDIES
complaint
- Temporary, auxiliary, ancillary
Filed before the Filed before the
remedies available to a litigant for
court sheriff
the protection and preservation of
For CISA Terceria his rights while the main action is
pending
Pleading Affidavit
The following are the provisional remedies:
Docket fees are Not
required to be paid 1. Preliminary Attachment (Rule 57)
2. Preliminary Injunction (Rule 58)
Lis Pendens vs Litis Pendencia 3. Receivership (Rule 59)
Lis Pendens Litis Pendencia 4. Replevin (Rule 60)
“buyer beware” Filing multiple suits 5. Support Pendente Lite (Rule 61)
in different courts
involving same NOTE: Not Exclusive!
parties, same
Notice to buyer of Protection orders
causes of action,
existence of an
same facts, same
adverse claim
relief, the identity of
the 2 cases such Provisional orders
that any judgment
that may be
rendered in one
39
Production orders
b. In an action for money or

property embezzled or
Witness protection orders fraudulently misapplied or
converted to his own use by a
public officer, or an officer of a
See: RA 9262, Rules on corporation, or an attorney,
Nullity/Annulment of Marriage/Legal factor, broker, agent, or clerk, in
Separation, Petition for Custody of the course of his employment as
Minors, Writ of Amparo, Writ of such, or by any other person in a
Habeas Data fiduciary capacity, or for a wilful
violation of duty
NOTE ALSO:
Injunction and replevin can be main

actions in themselves c. In an action to recover the
possession of property unjustly
or fraudulently taken, detained,
or converted, when the property,
PROVISIONAL REMEDIES
or any part thereof, has been
A. Preliminary Attachment (Rule concealed, removed, or
57) disposed of to prevent its being
found or taken by the applicant
When filed? (R57 S1) or an authorized person
At the commencement of the action or at

any time before entry of judgment, a
plaintiff or any proper party may have the d. In an action against a party who
property of the adverse party attached as has been guilty of fraud in
security for the satisfaction of judgment contracting the debt or
that may be recovered in the following incurring the obligation upon
cases (See grounds) which the action is brought, or
in the performance thereof
Grounds for preliminary attachment (NOTE:

TINATANONG SA BAR!) e. In an action against a party who
has removed or disposed of his
Rule 57 S1 property, or is about to do so
with intent to defraud his
a. In an action for recovery of a creditors
specified amount of money or
damages, other than moral and
exemplary, on a cause of action
arising from law, contract, quasi f. In an action against a party who
contract, delict or quasi delict does not reside and is not found
against a party who is about to in the Phils, or on whom
depart from the Phils with summons may be served by
intent to defraud his creditors publication
40
Cany you apply for writ of attachment

before the MTC?
Requirements: (Rule 57 S3)
YES.
1. By way of motion or by way of
complaint In all instances?
YES. Because under Summary Procedure,

not a prohibited pleading
2. Verified application through
Affidavit attached to motion or FE/UD- No
complaint
Amount 200k MM- yes
100k- no
- Stating the grounds
Ordinary Civil Actions- yes
- That there is no sufficient security
When is it necessary to issue summons?

3. Allegation of the ground
necessitating the need for In case of implementation of the
preliminary attachment preliminary attachment (3rd stage)
4. Posting of bond in an amount to be Stages:

determined by the court
- Publication
- Order/Execution
How is attachment applied for?
o BOTH ARE EX PARTE
By way of motion? Or by way of
- Implementation
complaint?
o With Summons
EITHER
How attached?
HOW?
- Garnishment
At the commencement of the complaint
- Levy on attachment
- By verified complaint
o Annotated on back of title,
At any time before judgment
warning on subsequent
- By verified motion buyer subject to outcome of
the case
41
Remedy in case of issuance of writ of the court) personal property

attachment: May be resorted to Can be sought only
even if property is in when defendant is in
R57 S12 and S13 the possession of a actual possession of
third person the property
S12- Motion to discharge attachment upon
giving of counterbond
B. Preliminary Injunction (Rule 58)
S13- Motion to quash the writ of
attachment on the ff grounds: Injunction
- That the writ was improperly or - Judicial writ, process, or proceeding

irregularly issued or enforced whereby a party is ordered to do or
refrain from doing a particular act
- That the bond is insufficient
Preliminary Injunction
If the attachment is excessive, the
discharge shall be limited to the excess - An order granted at any stage of an
action or proceeding prior to the
judgment requiring a party or a
court, agency, or a person to refrain
Order of denial of motion to quash: a particular act or acts
- INTERLOCUTORY, hence, Preliminary Mandatory Injunction
o M4R R65 S4 - An order requiring the performance

of a particular act or acts
o Certiorari R65 S1, R41 S1b
Denial- interlocutory
Purpose of the bond:
- Remedy: certiorari
- To answer for damages incurred by
the adverse party in case writ of If FJ- appeal
attachment is improperly or
irregularly enforced
Can preliminary injunction be issued ex

parte?
Writ of Writ of Replevin
Preliminary NO (?). TRO- yes
Attachment
Covers real or Covers only
personal property personal property
At the Commencement of Writ of TRO
commencement of the action or at any preliminary
the action or at any time before answer injunction
time before entry of A writ granted at An order to restrain
judgment any stage of action particular act or acts
Amount of the bond Amount of the bond or proceeding prior of a party for a
is the value of the is double the to the judgment or limited period of
obligation (fixed by amount of the final order, requiring time
42
a party or a court, reasonable redress can be had

agency or person therefore in court of law or where
from a particular act there is no standard by which their
or acts. It may also amount can be measured with
require performance
reasonable accuracy
of a particular act or
acts, in which case it
shall be known as a
preliminary
How do you avail?
mandatory
injunction
By way of MOTION or by way of VERIFIED
COMPLAINT
GROUNDS for preliminary injunction (R58
IF by verified complaint, at the
S3):
commencement of the action or before
a. That the applicant is entitled to the entry of judgment, INCORPORATED IN THE
relief demanded, and the whole or BODY OF THE COMPLAINT
part of such relief consists in
If by motion, then by an application for
restraining the commission or
relief complying with the Rules on Motion:
continuance of the act or acts
complained of, or in requiring the 1. In writing, [except those made upon
performance of an act or acts, in open court or in the course of a
either for a limited period or hearing or trial ] (R15 S2)
perpetually
2. Must be verified and accompanied

b. That the commission, continuance, by an affidavit of merit if the ground
or non performance of the act or for the motion is FAME
acts complained of during the
litigation would probably work
injustice to the applicant, or
3. Shall state the following (R15 S3)
c. That a party, court, agency, or a

person is doing, threatening, or is a. Relief sought to be obtained
attempting to do, or is procuring or
b. Grounds upon which it is
suffering to be done, some act or
based and
acts probably in violation of the
rights of the applicant respecting c. If required by these Rules or
the subject of the action or necessary to prove facts
proceeding, and tending to render alleged therein, shall be
the judgment ineffectual supported by supporting
affidavits and other papers
Irreparable damage and injury

4. Motion is set for hearing by
- Of such constant and frequent
applicant (R15 S4)
recurrence that no fair or
43
explanation why the service or filing

was not done personally. A
5. Notice of hearing addressed to all violation of this Rule may be cause
parties concerned, specifying the to consider the paper as not filed
time and date of hearing which (R13 S11)
must not be later than 10 days after
the filing of the motion (R15 S5)
Effect of failure to comply with

Sections, 4, 5, 6 of Rule 15?
6. Motion and notice of hearing must
be served at least 3 days before the 1. *the motion shall be treated as a
date of hearing (3 day notice rule) worthless piece of paper which the
clerk of court has no right to receive
and the court has no authority to
act upon (mere scrap of paper)
7. Proof of service of the motion
2. It does not interrupt the running of
R13 S13
the prescriptive/reglementary
Proof of personal service shall consist of: period for the filing of the requisite
pleading
- Written admission of party served
or 3. It will be ground for denial of the
motion
- Official return of the server or
4. The motion shall be considered as
- Affidavit of the party serving not filed
containing a full statement of the
date, place, and manner of service
If by service is by ordinary mail, proof HOW?

thereof shall consist of an affidavit of the
At the commencement of the complaint
person mailing of facts showing compliance
with S7 of this Rule. - By verified complaint
If service is by registered mail, proof shall At any time before judgment

be made by such affidavit and registry
receipt issued by the mailing office - By verified motion
The registry return card shall be filed

immediately upon its receipt by the sender,
or in lieu thereof, the unclaimed letter Status Quo Order
together with the certified or sworn copy of
- Order issued by the court to
the notice given by the postmaster to the
maintain the last, peaceable, actual,
addressee.
uncontested condition of the parties
8. If the motion is not served to the before the action or proceeding
other party by personal service,
such mode resorted to must be
accompanied by a written
44
TRO- order restraining particular act or acts aforesaid seventy-two (72) hours, the judge
of a party for a limited period of time; can before whom the case is pending shall
be issued ex parte conduct a summary hearing to
determine whether the temporary
(RULE 58- AM 7-7-12) restraining order shall be extended
until the application for preliminary
injunction can be heard. In no case
Sec. 5. Preliminary injunction not granted
shall the total period of effectivity of
without notice; exception. No preliminary
the temporary restraining order
injunction shall be granted without
exceed twenty (20) days, including the
hearing and prior notice to the party
original seventy-two hours provided
or persons sought to be enjoined. If it
herein.
shall appear from facts shown by affidavits
or by the verified application that great or
In the event that the application for
irreparable injury would result to the
preliminary injunction is denied or not
applicant before the matter can be heard
resolved within the said period, the
on notice, the court to which the
temporary restraining order is deemed
application for preliminary injunction
automatically vacated. The effectivity of a
was made, may issue ex parte a
temporary restraining order is not
temporary restraining order to be
extendible without need of any judicial
effective only for a period of twenty
declaration to that effect, and no court
(20) days from service on the party or
shall have authority to extend or renew the
person sought to be enjoined, except
same on the same ground for which it was
as herein provided. Within the twenty-day
issued.
period, the court must order said party
or person to show cause at a specified
However, if issued by the Court of Appeals
time and place, why the injunction
or a member thereof, the temporary
should not be granted. The court shall
restraining order shall be effective for
also determine, within the same
sixty (60) days from service on the
period, whether or not the preliminary
party or person sought to be enjoined.
injunction shall be granted, and
A restraining order issued by the Supreme
accordingly issue the corresponding
Court or a member thereof shall be
order.
effective until further orders. l
However, subject to the provisions of the

The trial court, the Court of Appeals, the
preceding sections, if the matter is of
Sandiganbyan or the Court of Tax Appeals
extreme urgency and the applicant will
that issued a writ of preliminary injunction
suffer grave injustice and irreparable
against a lower court, board, officer, or
injury, the executive judge of a multiple-
quasi-judicial agency shall decide the main
sala court or the presiding judge of a
case or petition within six (6) months
single-sala court may issue ex parte a
from the issuance of the writ.
temporary restraining order effective
for only seventy-two (72) hours from
issuance, but shall immediately comply
with the provisions of the next
preceding section as to service of
summons and the documents to be “Lifetime” (R57 S5 in relation to AM 7-7-12)
served therewith. Thereafter, within the
45
- Effective only for a period of 20 SC or member issues: effective until further

DAYS from service on the party or orders
person sought to be enjoined.
o Court to order said party or

person to show cause at a AGAIN...
specified time and place why
TRO- order restraining acts of a party for a
injunction should not be
limited period of time
granted, w/n P injunction
should be granted, and 20 days
accordingly issue the
corresponding order 72 hours (ex parte)- extreme urgency
20 days non extendible
- IF the matter is of EXTREME

URGENCY, applicant will suffer
grave injustice and irreparable Can the court issue injunction ex parte?
injury, executive judge of multi sala
NO!- requires notice and hearing
court or presiding judge of single
sala court may issue EX PARTE TRO Can MTC issue TRO?
o Effective for only 72 HOURS Ordinary Civil Actions- Pwede

from issuance,
Forcibly Entry / UnlawFul Detainer- YES
 But shall immediately
comply with R70 S15
provisions of the next
Court may grant preliminary injunction, in
preceding section as
accordance with the provisions of R58
to service of
thereof, to prevent defendant from
summons and
committing further acts of dispossession
documents to be
against plaintiff.
served
A possessor deprived of possession
through Fe or UD may, within 5 days from
- Within the 72 hours, judge to filing of complaint, present a motion in the
conduct summary hearing to action for FE UD for issuance of writ of
determine whether the TRO can be preliminary mandatory injunction to restore
extended until application for him in his possession. The court shall
preliminary injunction can be heard, decide the motion within 30 days from
filing thereof
o Total period of effectivity of
TRO shall NOT EXCEED 20 R70 S20
DAYS, including the original
Upon motion of plaintiff, within 10 days
72 hours provided therein
from perfection of appeal to the RTC, the
CA issues: effective for 60 DAYS from latter may issue a writ of preliminary
service on the party or person sought to be mandatory injunction to restore plaintiff in
enjoined possession if the court is satisfied that
46
- defendant’s appeal is frivolous or 1. When prejudicial to the rights of the

dilatory, or accused
- that the appeal of plaintiff is prima

facie meritorious
2. When there is need for protecting
the Constitutional rights of the
accused
REMEDIES IN CASE OF PRELIMINARY
INJUNCTION:
Granted: (Rule 57 S6) 3. To Prevent the long arm of the law

from being vindictive
- quash the writ based on:
4. When prejudicial question is

1. upon showing of insufficiency involved in the case
2. on other grounds upon affidavits of

the party or person enjoined
5. In case of criminal prosecution
3. if it appears after hearing that under an invalid law
although applicant is entitled to the
injunction or restraining order, the
issuance or continuance thereof, as
a case may be, would cause Can MTC issue preliminary injunction?
irreparable damage to the party or
YES, except in:
person enjoined while applicant can
be fully compensated for such Case falling under Summary Procedure, if
damages he may suffer the claim being 100k (Small Claims),
EXCEPT:
Other requirements for quashal of writ:
- FE and UD
1. filing of bond in amount fixed by
court conditioned that he will pay all o R70- preliminary mandatory
damages which applicant may injunction and preliminary
suffer by the denial or dissolution of prohibitory injunction are
the injunction or restraining order allowed
Denied:
- M4R Prohibitory Prohibition

Injunction
- Certiorari Rule 65 Provisional remedy Special civil action
Rule 58 Rule 65
Can there be injunction in criminal cases?
An order granted at Petition in case a
any stage of an person exercising J,
YES, in case of preliminary injunction with
action or proceeding QJ, Ministerial
respect to preliminary investigation prior to the Function acted
(general rule, no, but the enumerations are judgment requiring without jur or with
the exceptions) a party or a court, GAD amounting to
47
agency, or a person lack or excess of applying for the appointment

to refrain a jurisdiction, for of receiver has an interest in
particular act or acts respondent to desist the property or fund which is
from further the subject of the action or
proceedings
proceeding, and that such
property or fund is in danger
Mandatory Mandamus of being lost, removed, or
Injunction materially injured unless a
Provisional Remedy Special Civil Action receiver be appointed to
Rule 58 Rule 65 administer and preserve it
An order requiring Requires
the performance of performance of a
a particular act or ministerial act or to
acts desist from b. When it appears in an action
excluding another by the mortgagee for the
from a right or office foreclosure of mortgage that
(ministerial)
the property is in danger of
Directed against a Directed against a
party Judicial or quasi being wasted or dissipated
judicial bodies or materially injured, and
exercising that its value is probably
ministerial functions insufficient to discharge the
Provisional remedy Original action mortgage debt, or that the
By way of motion By way of petition parties have so stipulated in
the contract of mortgage
C. Receivership (Rule 59) c. After judgment, to preserve

the property during the
pendency of an appeal, or to
- Provisional remedy to preserve a dispose of it according to the
property subject of litigation from judgment, or to aid
further loss, wastage, damage, execution when execution
dissipation for the protection of has been returned
another person unsatisfied or when
judgment obligor refuses to
Where applied for? apply his property in
satisfaction of the judgment
1. Court where action is pending or otherwise to carry the
judgment into effect
2. CA
3. SC
d. Whenever in other cases it
Grounds: (R59 S1)
appears that the
a. When it appears from the appointment of a receiver is
verified application, and the most convenient and
such other proof as the court feasible means of
may require, that the party preserving, administering, or
48
disposing of the property in

litigation
Receivership with appointment of receiver:
During pendency of appeal, the appellate pwede
court may allow an application for the
appointment of a receiver to be filed in and Receivership with MTC: pwede, except in
decided by the court of origin and the Small Claims
receiver appointed to be subject to the
control of said court.
General powers of receiver:
R59 S6
REQUIREMENTS:
Subject to the control of the court in which
1. Verified motion in a complaint /
the action or proceeding is pending, a
Verified complaint at
receiver shall have the power to
commencement of action (R59 S1)
1. Bring and defend, in such capacity,
actions in his own name
2. Bond by applicant in an amount to
be fixed by the court to pay such
person against whom application is 2. Take and keep possession of the
presented to pay such party all property in controversy
damages he may sustain by reason
of the appointment of such receiver
in case the applicant shall have
procured such appointment without 3. To receive rents
sufficient cause(R59 S2)
4. To collect debts due to himself, as

3. Oath and Bond by receiver to receiver or to the fund, property,
faithfully discharge of his duties in estate, person, corporation to which
an action or proceeding and obey he is the receiver
court orders
IF pending appeal,
5. To compound for and compromise
- By verified complaint the same
IF after judgment,
- By way of motion 6. To make transfers
NOTE: Receivership as provisional remedy

applies to all civil actions, while
7. To pay outstanding debts
receivership of corporation is an original
action applicable only to corporations
under the Corporation Code of the
Philippines
49
8. To divide the money and other

property that shall remain among
the persons legally entitled to D. REPLEVIN (Rule 60)
receive the same
- A provisional remedy for recovery of

9. To do such acts respecting the personal property / reacquisition of
property as the court may authorize personal property subject of
litigation
However, funds in the hands of a receiver
may be invested only by order of the court Can be a provisional remedy or a main
upon the written consent of all the parties action
to the action.
- If a main action, then it is an action
No action may be filed by or against a for recovery of unlawfully withheld
receiver without leave of the court which personal property in the possession
appointed him of another
Jurisdiction/Venue:
Termination of receivership; compensation RTC or MTC (300k-400k OMM MM higher

of receiver lower)
R59 S8
Whenever the court, motu proprio or on REQUIREMENTS: (R60 S2)

motion of either party, shall determine that
1. Verified Application (by
the necessity for receiver no longer exists,
affidavit)/complaint before service
it shall, after due notice to all interested
of answer
parties and hearing,
Facts:
1. settle the accounts of the receiver,
a. That applicant is the owner of the
property claimed, particularly
2. direct the delivery of the funds and describing it, or is entitled to the
other property in his possession to possession thereof
the person adjudged to be entitled
to receive them,
b. That the property is wrongfully
detained by adverse party, alleging
3. and order the discharge of the cause of detention thereof
receiver from further duty as such according to the best of his
knowledge, information, and belief
The court shall allow the receiver such
reasonable compensation as the
circumstances of the case warrant, to be
c. That the property has not been
taxed as costs against the defeated party,
distrained or taken for a tax
or apportioned, as justice requires.
assessment or a fine pursuant to
50
law, or seized under a writ of (Exception: Criminal cases falling under

execution or preliminary MTC jurisdiction?)
attachment, or otherwise placed
under custodia legis, or if so seized, When available?
that it is exempt from such seizure
- Action for support
or custody
- Relief sought is support for
applicant
d. The actual market value of the
- Nullity of marriage
property
- Annulment of marriage
- Legal separation
2. Posting of bond by applicant in
double the value of the property - Custody of minors in relation to
stated in the affidavit mentioned, habeas corpus
for return of the property to adverse
party if such return be adjudged, - Criminal cases:
and for payment to adverse party of
such sum as he may recover from o Rape
the applicant in the action
o RA9262
S1- Application
Denied, REMEDY:
At
Counterbond double the amount of
- the commencement of the proper
property
action or proceeding,
- or at any time prior to the judgment

E. SUPPORT PENDENTE LITE (Rule or final order,
61)
o a verified application for
support pendentee lite may
be filed by any party
- Amount of support provisionally
fixed by the court in favour of the  stating the grounds
person or persons entitled thereto for the claim and the
during the pendency of an action for financial conditions of
support both parties, and
IMMEDIATELY EXECUTORY!  commenced by

affidavits,
Where filed? depositions, or other
authentic documents
FAMILY COURT
in support thereof
Why not in MTC? Because action for
support is incapable of pecuniary
estimation
51
S2- Comment proper resolution of the question

involved.
A copy of the application and all supporting
documents If the application is granted,
- shall be served upon adverse party, - the court shall fix
o who shall have 5 days to o the amount of money to be

comment thereon provisionally paid,
 unless a different o or such other forms of

period is fixed by the support as should be
court upon his provided,
motion.
 taking into account
The comment shall be verified and shall be the necessities of the
accompanied by affidavits, depositions, or applicant and the
other authentic documents in support
thereof.  resources or means
of the adverse party,
and
S3- Hearing  terms of payment or

mode for providing
1. After the comment is filed, or
the support.
2. after the expiration of the period for
If the application is denied, the principal
its filing,
case shall be tried and decided as early as
a. the application shall be set possible.
for hearing not more than 3
days thereafter
S5- enforcement of order
The facts in issue shall be proved in the
same manner as if proved for evidence on If the adverse party fails to comply with an
motions. order granting support pendente lite, the
court shall, motu proprio or upon motion,
- issue an order of execution against

S4- Order
him,
The court shall determine provisionally
o without prejudice to his
1. the pertinent facts, and liability for contempt.
shall render such order as justice and When the person ordered to give support
equity may require, pendente lite refuses or fails to do so,
- having due regard to the probable - any third person who furnished that
outcome and such other support to the applicant may, after
circumstances as may aid in the due notice and hearing in the same
case,
52
o obtain a writ of execution to - it shall order the recipient thereof to

enforce his right of return to the former the amounts
reimbursement against the already paid with legal interest from
person ordered to provide the dates of actual payment,
such support.
o without prejudice to the right
of recipient to obtain
reimbursement in a separate
S6- Support in criminal cases action from the person
legally obliged to give the
In criminal cases
support.
1. where the civil liability includes
Should recipient fail to reimburse said
support for the offspring as a
amounts, the
consequence of the crime
- person who provided the same may
2. and civil aspect thereof has not
likewise
been waived, reserved, or instituted
prior to its filing, o seek reimbursement thereof
in a separate action from the
a. the accused may be ordered
person legally obliged to
to provide support pendente
give such support.
lite to the child born to the
offended party allegedly
because of the crime.
Failure of action for support pendente lite,
The application therefore may be filed REMEDY:
successively by the
- move for motion for execution
- offending party,
DENIED,
- her parents,
- file petition for indirect contempt,
- grandparents, for disobedience to lawful order of
the court
- or guardian
- and the state in the corresponding

criminal case during its pendency, SPECIAL CIVIL ACTIONS
o in accordance with the (discussed in this stage because initiatory
procedure established in this pleadings are filed, by complaint or by
Rule. petition, as the case may be)
SCA initiated by SCA initiated by

complaint petition
S7- Restitution - Interpleader - declaratory
(62) relief (62)
When the judgment or final order of the - Foreclosure of - review of
court finds that the person who has been mortgage adjudication
providing support pendente lite is not liable (68) of comelec,
therefor, - Forcible entry coa (64)
53
/ UD (70) - c, m, p (65) - Initiated by way of complaint

- Partition (69) - qw (66)
- Expropriation - contempt S1- When proper
(67) (71)
Whenever
1. Interpleader (62) - conflicting claims upon the same

subject matter
2. Declaratory Relief and other similar
remediesv (63) o are or may be made against
a person who claims no
3. Review of judgments, final orders, interest whatever in the
resolutions of CoA, COMELEC (64) subject matter or
4. Certiorari, Prohibition, Mandamus o an interest in which in whole

(65) or in part is not disputed by
claimants,
5. Quo Warranto (66)
 he may bring an
6. Expropriation (67)
action against
7. Foreclosure of Real Estate Mortgage conflicting litigants to
(68) compel them to
interplead and
8. Partition (69) litigate their several
claims among
9. Forcible Entry/Unlawful Detainer themselves
(70)
NOTE: Person in possession has no legal
10. Contempt (71) interest
Governed by Special Rules, Rules on
ordinary civil actions apply in a suppletory
manner (OR is it the other way? R1 states Interpleader Intervention
governed by rules on ordinary civil actions, Rule 61 Rule 19
subject to specific rules prescribed in a Without leave of With leave of court
special civil action) court
Original / Special Ancillary to main
Examples: Civil action action
Filed by complaint If for plaintiff-
VENUE for interpleader complaint in
intervention
MOTION TO DISMISS
If for defendant-
DEMURRER TO EVIDENCE answer in
intervention
PARTS OF A PLEADING At any time Before judgment
JURISDICTION:
INTERPLEADER (Rule 62)
RTC or MTC 20-50 real 300-400 personal
higher lower
54
VENUE: from the notice of denial. (See Rule 16

S4)
Real- R4 S1
Personal- R4 S2
S5- Answer and other pleadings
Each claimant shall file his answer setting

S2- Order forth his claim within 15 days from service
of the summons upon him,
Upon filing of the complaint, the court shall
- serving a copy thereof upon each of
- issue an order requiring the
the other conflicting claimants,
conflicting claimants to interplead
with one another. o who may file their reply
thereto as provided in these
If the interests of justice so require,
Rules.
- the court may direct in such order
If any claimant fails to plead within the
o that the subject matter be time therein fixed, the court may, on
paid or delivered to the motion,
court.
- declare him in default and
- thereafter render judgment barring

S3- Summons him from any claim in respect to the
subject matter.
Summons shall be served upon the
conflicting claimants, together with a copy The parties in an interpleader action may
of the complaint and order. file counterclaims, cross claims, 3rd party
complaints and responsive pleading
thereto, as provided in these Rules.
S4- Motion to dismiss
Within the time for filing an answer, each S6- Determination

claimant may
After the pleadings of the conflicting
- file motion to dismiss on the ground claimants have been filed, and pre trial has
of impropriety of the interpleader been conducted in accordance with these
action or Rules,
- on other appropriate grounds - the court shall proceed to

specified in Rule 16. determine their respective rights
and adjudicate their several claims.
The period to file the answer shall be
tolled and if the motion is denied, the
movant may file his answer within the
remaining period, which shall not be In case of adverse Resolution,
less than 5 days in any event, reckoned
Appeal pursuant to R40-42
55
(EXCLUSIVE) hence, if not, then not subject

here
DECLARATORY RELIEF AND OTHER
SIMILAR REMEDIES (R63) NOTE: DECLARATORY RELIEF is the only
civil action (special vis a vis ordinary) that
Objective: (R63 S1) can be filed even before breach or violation
thereof
Interpretation/Construction of:
JURISDICTION/VENUE:
o deed,
Declaratory Relief:
o will,
- RTC- incapable of pecuniary
o contract, or
estimation
o other written instrument, or Queting of title:
determining validity of: - MTC or RTC 20-50 OMM MM lower
higher
o statute,
Consolidation of ownership:
o executive order,
- RTC- incapable of pecuniary
o regulation,
estimation
o ordinance, or Reformation of contracts:
o any other governmental - RTC- incapable of pecuniary
regulation estimation
OTHER SIMILAR REMEDIES CONTEMPLATED
which applies the provisions of this Rule:
Can the SC entertain petition for
- reformation of an instrument declaratory relief?
NOTE: INSTRUMENT, not the elements of NO. BP129- RTC EO Jur, actions incapable
the instrument—if such, e subject of of pecuniary estimation
another proceeding to, annulment of
contract
- quiet title to real property or Requirements:

remove clouds therefrom
S2- Parties
All persons who have or claim any interest

- consolidate ownership which would be affected by the declaration
shall be made parties, and
In case of pacto de retro sale or foreclosure
of mortgage, not necessarily owner agad, - no declaration shall, except as
hence, file for consolidation of ownership provided in these Rules,
under this Rule
56
o prejudice the rights of REVIEW OF JUDGMENTS AND FINAL

persons not parties to the ORDERS OR RESOLUTIONS OF THE
action. COMELEC AND COMMISSION ON AUDIT
(Rule 64 [but applying Rule 65])
S3- Notice on Sol Gen
Constitutional Basis:
In any action which involves validity of
A9A S7 (basis of Rule 64)
- statute,
Each Commission shall decide by majority
- EO, or of all its Members in any case or matter
brought before it within 60 days from date
- regulation, or
of its submission for decision or resolution.
- any other governmental regulation, A case or matter is deemed submitted for
decision or resolution upon the filing of the
o The Sol Gen shall be notified last pleading, brief, or memorandum
by the party assailing the required by the rules of the Commission or
same and by the Commission itself. Unless otherwise
provided by this Constitution or by law, any
 shall be entitled to be decision, order, or ruling of each
heard upon such Commission may be brought to the SC on
question certiorari by the aggrieved party within 30
days from receipt of a copy thereof.
COVERAGE: (R64 S1)

S4- Local government ordinances
Judgments, final orders, resolutions of
In any action involving the validity of a COMELEC, CoA
local government ordinance,
- the corresponding prosecutor or

attorney of the LGU involves shall S1- Scope
be similarly notified and entitled to
be heard. Final orders or judgments of COA and
COMELEC
If such ordinance is alleged to be
unconstitutional, the Sol Gen shall also be
notified and entitled to be heard.
S2- Mode
SC- petition for certiorari under Rule 65

In case of adverse resolution
- APPEAL R41
S3- Time
o (R40 to RTC if Quieting in
Within 30 days from notice of judgment
MTC)
IF M4r denied, filed within remaining period
and not less than any event reckoned from
notice of the denial
57
NO FRESH PERIOD RULE, only in 40 41 42 4. Questions are too unsubstantial to

43 45 warrant further proceedings
S4- Docket, lawful fees S7- Comments of respondents
Pay, + 500 for costs - 18 copies
- No other pleading may be filed

unless required or allowed by court
S5- Form/Contents
1. Verified petition, 18 copies, with

certified true copy of judgment S8- Effect of filing
2. Respondent is Comelec or CoA, Filing of certiorari will not stay execution of

person interested in sustaining judgment, FO, resolution sought to be
reviewed, unless SC shall direct otherwise
3. Finding of fact supported by upon such terms as may be just
substantial evidence, final and non
reviewable Petitioner may apply for TRO or preliminary
injunction to stay execution
4. State specific material dates
showing it was filed on time
5. Accompanied by sworn certification Rule 65 Rule 64

against forum shopping Applies to orders of Applies to
judicial, quasi judgments, final
6. Proof of service of its copy on judicial court or orders, resolutions
tribunals of CoA and
commission and adverse party, and
COMELEC
of payment of docket and other
60 days from denial 30 days from notice
lawful fees of motion for of judgment or final
reconsideration (AM order or resolution
7-7-12-SC) sought to be
reviewed
S6- order to comment Motion for NOT
reconsideration is
- Within 10 days from notice of order required
or judgment, by respondent, or else, Petition filed before Petition filed before
dismissed RTC, CA, SC SC
Grounds for dismissal

Rule 43 Rule 64
1. Non compliance with form and Appeal/Petition for Petition for review of
contents review of decisions judgments and final
of Quasi Judicial orders or resolutions
2. Non payment of docket and 500 for Bodies of COMELEC and
costs CoA
15 days from notice 30 days from notice
3. Filed manifestly for delay of award, final of judgment or final
judgment, resolution order sought to be
reviewed
58
With the CA With the SC d. presidential decree
e. proclamation
f. order
CERTIORARI, PROHIBITION,
MANDAMUS (Rule 65) g. instruction
Constitutional Basis: h. ordinance
A8 S1 P2 i. regulation
Judicial Power includes the duty of the i. is in question

courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and 7. all cases involving the legality of
to determine whether or not there is grave any
abuse of discretion amounting to lack or
excess of jurisdiction on the part of any a. tax
branch or instrumentality of the
government. b. impost
A8 S5 P2 c. assessment
- Review d. toll
- Revise e. any penalty imposed in

relation thereto
- Reverse
- Modify
8. all cases in which the jurisdiction of
- Affirm any lower court is in issue
o On appeal or certiorari, as
the law or the Rules of Court
may provide, final 9. all criminal cases in which the
judgments and orders of penalty imposed is reclusion
lower courts in: perpetua or higher
6. All cases in which constitutionality 10. all cases in which only an error or
or validity of any question of law is involved
a. treaty,
b. international or executive
agreement
What is the MATERIAL DATES RULE?
c. law
As far as Rule 65 is concerned, the
following material dates must be stated in
59
the verified petition or else, the petition performance of ministerial duty or

would be denied: unlawfully excluded another from
use and enjoyment of a right or
1. Notice of the order or judgment office to which such other is entitled
2. Date of the filing of the motion for QUALIFICATIONS in ALL 3:

reconsideration
- that there is no plain, speedy, or
3. Date of the denial of the motion for adequate remedy in the ordinary
reconsideration course of law
Certiorari Certiorari Mandamus Prohibition

discretionary Ministerial Discretionary
- Special civil action directed to an and ministerial
To annul order To order To restrain
inferior court, tribunal, board or performance performance
officer directing judicial or quasi 60 days from receipt of final judgment or order or
from denial of motion for reconsideration
judicial functions, to annul or modify
Against entity Against entity Against entity
proceedings of such court, tribunal, or person or person or person
board or officer in the event that exercising j or exercising exercising j, ej,
ej function ministerial ministerial
the same has acted with grave function function
abuse of discretion amounting to Without or GAD Unlawful Without or GAD
neglect of
lack or excess of jurisdiction ministerial duty
or excluded
o Seeks to correct errors of another from a
right or office
jurisdiction Correct errors Performance of To restrain or
of jurisdiction act or desist prevent
Prohibition from excluding usurpation of
another from a jurisdiction
right or office
- Special civil action directed against
any tribunal, board, officer or
person exercising judicial, quasi
judicial, or ministerial functions, to
desist from further proceedings in
the event that the same acted with
grave abuse of discretion
amounting to lack or excess of Errors of Errors of
Jurisdiction Judgment
jurisdiction
Court acted with Misapprehension of
Mandamus GAD amounting to law or facts by the
lack or excess of court
- Special civil action directed against jurisdiction
Action of the court Valid proceeding
any tribunal, corporation, board,
Correctible by Correctible by
officer or person, to do the act certiorari appeal
required to be done to protect the Rule 65 Rules 40-43, 45
rights of petitioner and to pay
damages sustained by petitioner by
reason of the respondent’s wrongful General Rule: M4R is required to allow the
act, in the event that the same court to correct its errors
unlawfully neglected in the
60
Exception: 8. where the proceeding were ex parte

or in which the petitioner had no
1. where the order is a patent nullity, opportunity to object
as where the court has no
jurisdiction
9. where the issue raised is one purely

of law or where public interest is
2. where question raised in the involved
certiorari proceedings have been
duly raised and passed upon by the
lower court, or are the same as
those raised and passed upon by REQUIREMENTS:
the lower court
1. verified petition in 7 legible copies
3. where there is an urgent necessity

2. it should be filed not later than 60
for the resolution of the question
days from notice of judgment, order
and any further delay would
or resolution sought to be assailed
prejudice the interest of the
or from denial of M4R
government or the petitioner or the
subject of the action is perishable
3. contain full names and addresses of

petitioners and respondents,
4. where under the circumstances, a
concise statement of matters
motion for reconsideration would be
involved, factual background of the
useless
case, grounds relied upon for the
relief prayed for
5. where petitioner was deprived of

due process, and there is extreme
4. accompanied by clearly legible
urgency for relief
duplicate originals or certified true
copies of award, judgment, order,
resolution, ruling subject
6. where, in a criminal case, relief
from an order of arrest is urgent
and the granting of such relief by
5. certification against forum shopping
the trial court is improbable
6. pay docket and lawful fees, 500 for

7. where the proceedings in the lower
costs
court are a nullity for lack of due
process
7. serve copy upon adverse party or

parties and the court
61
by the lower courts in the exercise

of its jurisdiction
8. service and filing to be done
personally, with explanation if not Same principle in certiorari:
done personally
MTC to RTC- 60 days
RTC to CA- 60 days

General rule:
CA to SC- 60 days
Certiorari is not a substitute for lost appeal
Except:
65 vs 45 (simplified)
- denial of due process
Rule 65 Rule 45
60 days 15 Days
Motion for Not
- appeal is not a remedy reconsideration
required
o no appeal or no plain, Questions of Questions of law
speedy, adequate remedy jurisdiction
SC, CA, RTC SC
Special civil action Mode of
appeal/petition for
- court without jurisdiction review
Rule 65 as amended by Am 7-7-12:

- when deprived of substantial rights
Sec. 4. When and where to file the

petition.
The petition shall be filed not later than

Note: in the cases, in event of denial of sixty (60) days from notice of the
petition, and in exercise of original judgment, order or resolution. In case a
jurisdiction, remedy is APPEAL motion for reconsideration or new trial
is timely filed, whether such motion is
MTC to RTC- Rule 40
required or not, the petition shall be
RTC to CA- Rule 41 (original), Rule 42 filed not later than sixty (60) days
(appellate) counted from the notice of the denial
of the motion.
CA to SC- Rule 45
If the petition relates to an act or an
The above-stated is the PRINCIPLE OF omission of a municipal trial court or
HIERARCHY OF COURTS of a corporation, a board, an officer or
a person, it shall be filed with the
- superior courts would not take
Regional Trial Court exercising
cognizance of a case brought before
jurisdiction over the territorial area as
it unless the case has been decided
defined by the Supreme Court. It may
also be filed with the Court of Appeals
62
or with the Sandiganbayan, whether or 2. dissolution of a de facto corporation

not the same is in aid of the courts
appellate jurisdiction. If the petition
involves an act or an omission of a
Rule 66 S1
quasi-judicial agency, unless
otherwise provided by law or these An action for usurpation of a public office,
rules, the petition shall be filed with and position, or franchise may be commenced
be cognizable only by the Court of by a verified petition brought in the name
Appeals. of the Republic of the Philippines against:
In election cases involving an act or an a. a person who usurps, intrudes into,

omission of a municipal or a regional trial or unlawfully holds or exercises a
court, the petition shall be filed exclusively public office, position, or franchise
with the Commission on Elections, in aid of
its appellate jurisdiction.
b. a public officer who does or suffers
an act which by provision of law
NO MORE EXTENSION OF TIME IS GIVEN TO constitutes a ground for the
FILE CERTIORARI! forfeiture of his office
c. an association which acts as a

corporation within the Phils without
M4R based on M4R based on being legally incorporated or
Rule 65 Rule 37 without lawful authority to act
Of interlocutory Of final judgment or
order, as final order, not *Sol Gen commences action (S2, S3)
preparation to file including
certiorari interlocutory orders Period: (S11)
Within 1 YEAR
QUO WARRANTO (Rule 66)
- after cause of ouster or right of
- proceeding or writ issued by the
petitioner to hold such office, or
court to determine the right to the
position arose
use or exercise of an office, position
or franchise and to oust the person Within 1 YEAR (action for damages)
holding or exercising such office,
position or franchise if his right is - after entry of judgment establishing
unfounded or if he had forfeited his petitioner’s right to the office in
right to enjoy the privilege question
in short...
2 kinds of quo warranto: within 1 YEAR from usurpation of public

office
1. usurpation of public office
REMEDY IF DENIED: Appeal
63
A3 S9
Jurisdiction and Venue: Private property shall not be taken for

public use without payment of just
RTC, CA, SC compensation
If Solicitor General files- RTC, CA, SC
If other person files- R4 S1 R4 S2 Jurisdiction: RTC, incapable of pecuniary

estimation (BP129)
Venue: Where the property is located

Quo Warranto Quo Warranto
Election Code Rule 66 Basis: (action involving title to or real
Election Code Rules of Court
property under R4 S1)
COMELEC, RTC. MTC RTC, CA, SC
Omnibus Election Basis: A8 Consti, CANNOT BE FILED WITH SC, because under
Code R66
EO jur of RTC
Not Subject to BP129
Can be filed with Cannot be filed with
MTC MTC
Contest right of Show title to public
NOTE: Expropriation is an instance where
elected public office or exercise
officer to hold public public franchise multiple appeals are filed (30 day record on
office appeal in case of multiple appeal)
Ineligibility or Usurpation,
disqualification of forfeiture, illegal Why? 3 orders issued under Rule 67:
person elected to association
hold the office 1. order of compensation
Within 10 days after Within 1 year from
proclamation of usurpation of office 2. order of expropriation
candidate
Filed by any voter Filed by government 3. final order of just compensation
or person entitled to
the office
Remedy of person after expropriation,
no payment made:
Expropriation (Rule 67) - recover property from expropriator

within 5 years after non payment
Eminent Domain- right and authority of
the State to acquire private property for
public use upon observance of due process
FORECLOSURE OF MORTGAGE (Rule
and payment of just compensation
68)
Expropriation- procedure to be observed
(Tan, Handbook on Civil Procedure and
in the exercise of the right of eminent
pleadings, pp 142-145)
domain
Foreclosure
- action by which a mortgagee or

Constitutional Basis:
pledge or any other lien holder cuts
64
off the right of debtor whose

property is pledged, because of
default in meeting the obligation Nature of Action:
Foreclosure of Mortgage - QUASI IN REM
- termination of all the rights of the - Service of summons by publication

mortgagor in the property covered
Jurisdiciton/Venue:
by the mortgage
MTC-RTC 20-50 OMM MM lower higher
Where real property or portion thereof is

Manner of foreclosure of mortgage:
situated (R4 S1)
Rule 68 S1
Contents of action:
Classification of Foreclosure of Mortgage:
1. date and due execution of
1. JUDICIAL FORECLOSURE
mortgage
To have the property seized and sold by
the court order to the end that the
2. assignments, if any proceeds thereof be applied to payment of
plaintiff’s claim
2. EJ FORECLOSURE
3. names and residences of mortgagor
and mortgagee Possession of property sold may be given
to purchaser by sheriff after the period of
redemption had expired, unless there is a
third person actually holding the property
4. description of mortgaged property adversely to the mortgagor
5. statement of date of the note or Remedies of Mortgagee in case of default

other documentary evidence of the of mortgagor/waiver of right to foreclose:
obligation secured by the mortgage
a. Judicial or extrajudicial foreclosure
of mortgage
6. amount claimed to be unpaid

thereon
b. Filing of ordinary action to collect
debt
7. names and residences of all persons

having of claiming interest in the
property subordinate in right to that - Here, under b, deemed to have
of the holder of the mortgage, all of waived his right to proceed against
whom shall be made defendants in the property in a foreclosure
the action proceeding
65
2. Partial- when some of the things

are divided, the rest remaining in
Right of Equity of community ownership
Redemption Redemption
Exists in EJ Exists in J
foreclosure foreclosure
By mortgagee within By mortgagor during 3. Provisional- when it is temporary
1 year from not less than 90
or conditional, until a final or
registration of the days nor more than
sale in the Office of 120 days from entry definite division is made
the Registry of of judgment or
Deeds foreclosure or even
after foreclosure
sale but before 4. Definite- when the resulting
judicial confirmation division is permanent, final, and
of the same absolute
J Foreclosure, no right of redemption,

except only if morgagee is a bank 5. Judicial- takes place when court
intervenes and approves the
petition
PARTITION (Rule 69)
(Tan, Handbook on Civil Procedure and 6. Extrajudicial- division may be

pleadings, pp 148-149) made by testator himself or by
some person named by deceased or
- Separation, division, assignment of
amicably by interested heirs by
a thing held in common among
common agreement (Rule 74 S1)
those to whom it may belong
R69 S1
Classes of partition:
A person having the right to compel
1. Voluntary- division of property by
partition of real estate may do so as
the act of the parties themselves
provided in this Rule, setting forth in his
complaint the nature and extent of his title
and an adequate description of the real
2. Compulsory- partition by judicial estate of which partition is demanded and
proceedings at the instance of one joining as defendants all other persons
or more of the co tenants without interested in the property
regard to the wishes of the other co
tenants Covers: REAL or PERSONAL PROPERTY
Jurisdiction/Venue:
Kinds of Partition MTC RTC 20-50 300-400 OMM MM lower

higher
1. Total- all the things are divided
R4 S1 R4 S2
among the participants
66
In case of adverse resolution: Ejectment- form of action by which

possessory titles to corporeal
MULTIPLE APPEALS- 30 day record on hereditariments may be tried and
appeal (R69 S2) possession obtained which lies to regain
possession of real property, with damages
Why? (tingin ko lang)
for illegal detention
Orders under Rule 69:
2 kinds: FE and UD
1. Order of partition
Forcible Entry Unlawful Detainer
2. Order of accounting Person in physical Withholding by a
possession of land person of possession
was deprived of of land or building
possession through
NOTE: Partition is one mode of settlement FISTS
Unlawful ab initio Legal but becomes
of estate of the deceased (relate to R75-
illegal
77)
Not require demand Pay AND vacate;
to vacate jurisdictional
Prove prior No need to prove
possession until prior physical
FORCIBLE ENTRY AND UNLAWFUL
deprived possession
DETAINER (Rule 70 in relation to Rules 1 y from date of 1 year from date of
on Summary Procedure) actual entry on land last demand
(issue is that of possession)

Filed by: R70 S1
pleadings, pp 153-158) Person deprived of possession of land or
building by FISTS, or lessor, vendor,
Real Action + Action in personam- involves vendee, other person against whom
possession of real property, binding upon possession of any land or building is
the parties unlawfully withheld
NOTE: 3 kinds of recovery of real property
1. Accion interdictal- summary Jurisdiction/Venue:

action for recovery of physical
possession of the property where MTC of the place where property or portion
dispossession has lasted for more thereof is situated (R4 S1)
than 1 year; FE or UD
Proceedings SUMMARY IN NATURE! (Rules
on Summary Procedure)
2. Accion publiciana- plenary action

for recovery of real right of
POSSESSION Pertinent Provisions of the Rules on
Summary Procedure:
(note the same... applies to all cases

3. Accion reivindicatoria- action for subject to Rules on Summary Procedure,
recovery of OWNERSHIP
67
ESPECIALLY PROHIBITED PLEADINGS AND - Within 10 DAYS from service of

MOTIONS) summons
S3- Pleadings o Rule 70
o Summ Pro
The only pleadings allowed to be filed are S6- Effect of Failure to answer
the:
Should the defendant fail to answer the
1. Complaints complaint within the period above
provided, the court, motu proprio or on
2. Compulsory counterclaims motion of the plaintiff, shall render
judgment as may be warranted by the facts
3. Cross claims pleaded in the answer alleged in the complaint and limited to
what is prayed for therein. Provided,
4. Answers thereto however, that the court may in its
discretion reduce the amount of damages
and AF claimed for being excessive or
VERIFIED! otherwise unconscionable. This is without
prejudice to applicability of R15 S4 of the
S4- Duty of the Court Rules of Court, if there are 2 or more
defendants.
After the court determines that the case
falls under summary procedure, it may,
from an examination of the allegations
therein and such evidence as may be S7- Preliminary conference; appearance of
attached thereto, dismiss the case outright parties
on any of the grounds apparent therefrom
Not later than 30 days after the last answer
for the dismissal of a civil action. If no
is filed, a preliminary conference shall be
ground for dismissal is found it shall
held. The rules on pre trial in ordinary
forthwith issue summons which shall state
cases shall be applicable to the preliminary
that the summary procedure under this
conference unless inconsistent with the
Rule shall apply.
provisions of this Rule.
S5- Answer
The failure of the plaintiff to appear in the
Within 10 days from service of summons, preliminary conference shall be cause for
the defendant shall file his answer to the dismissal of the complaint. The defendant
complaint and serve a copy thereof on the who appears in the absence of plaintiff
plaintiff. Affirmative and negative defenses shall be entitled to judgment on his
not pleaded therein shall be deemed counterclaim in accordance with S6 hereof.
waived, except for lack of jurisdiction over All cross claims shall be dismissed.
the subject matter. Cross claims and
compulsory counterclaims not asserted in
the answer shall be considered barred. If a sole defendant shall fail to appear, the
The answer to counterclaims or cross plaintiff shall be entitled to judgment in
claims shall be filed and served within 10 accordance with S6 hereof. This Rule shall
days from service of the answer in which not apply where one of 2 or more
they are pleaded. defendants sued under a common cause of
action who had pleaded a common defense
shall appear at the preliminary conference.
68
Within 30 days after receipt of the last

affidavits and position papers, or the
S8- Record of Preliminary Conference expiration of the period for filing the same,
the court shall render judgment.
Within 5 days after the termination of the
preliminary conference, the court shall
issue an order stating the matters taken up
therein, including but not limited to: However, should the court find it necessary
to clarify certain material facts, it may,
a. Whether the parties have arrived at during the said period, issue an order
an amicable settlement, and if so, specifying the matter to be clarified, and
the terms thereof require the parties to submit affidavits or
other evidence on the said matters within
10 days from receipt of said order.
Judgment shall be rendered within 15 days
b. The stipulations or admissions after the receipt of the last clarificatory
entered into by the parties affidavits, or the expiration of the period
for filing the same.
c. Whether, on the basis of the

pleadings and the stipulations and The court shall not resort to the
admissions made by the parties, clarificatory procedure to gain time for the
judgment may be rendered without rendition of the judgment.
the need of further proceedings, in
which effect the judgment shall be
rendered within 30 days from
issuance of the order S18- Referral to Lupon
Cases requiring referral to the Lupon under

the provisions of PD1508 where there is no
d. A clear specification of material
facts which remain controverted showing of compliance with such
requirement, shall be dismissed without
prejudice and may be revived only after
such requirement shall have been complied
e. Such other matters intended to
with.
expedite the disposition of the case
S9- Submission of affidavits and position S19- Prohibited pleadings and motions
papers
The following pleadings, motions, or
Within 10 days from receipt of the order petitions shall not be allowed in the cases
mentioned in the next preceding section, covered by this Rule:
the parties shall submit the affidavits of
their witnesses and other evidence on the a. Motion to dismiss the complaint or
factual issues defined in the order, to quash the complaint or
together with their position papers setting information except on the ground of
forth the law and the facts relied upon by lack of jurisdiction over the subject
them. matter, or failure to comply with the
preceding section
S10- Rendition of judgment

b. Motion for a bill of particulars
69
c. Motion for new trial, or for A violation of this requirement may subject
reconsideration of a judgment, or the party or the counsel who submits the
for opening of trial same to disciplinary action, and shall be
cause to expunge the inadmissible affidavit
or portion thereof from the record.
d. Petition for relief from judgment
S21- Appeal
e. Motion for extension of time to file The judgment or final order shall be
pleadings, affidavits, or any other appealable to the appropriate RTC which
paper shall decide the same in accordance with
S22 of BP129. The decision of the RTC in
civil cases governed by this Rule including
forcible entry and unlawful detainer, shall
f. Memoranda be immediately executor, without prejudice
to a further appeal that may be taken
therefrom. S10 of Rule 70 shall be deemed
g. Petition for certiorari, mandamus, or repealed.
prohibition against any interlocutory
order issued by the court
- 15 DAYS from notice of judgment or
final order, notice of appeal + bond
h. Motion to declare defendant in to RTC
default
o NO M4R (prohibited
pleading)
i. Dilatory motions for postponement
However, if RTC decision adverse, (in
exercise of appellate jurisdiction), M4R
pwede na
j. Reply
- MTC Summary Procedure, only up
to MTC level lang
k. Third party complaints
o Once the case was elevated
to RTC, it is no longer
summary, but is governed
l. Interventions by rules on Ordinary Civil
Actions
S20- Affidavits
The affidavits required to be submitted Injunction in FE and UD:

under this Rule shall state only facts of
direct personal knowledge of the affiants Forcibly Entry / UnlawFul Detainer- YES
which are admissible in evidence, and shall
show their competence to testify to the R70 S15
matters stated therein.
70
Court may grant preliminary injunction, in or prejudice parties litigant or their

accordance with the provisions of R58 witnesses during litigation
thereof, to prevent defendant from
committing further acts of dispossession
against plaintiff.
2 classifications of contempt:
A possessor deprived of possession
1. Direct Contempt (R71 S1)
through Fe or UD may, within 5 days from
filing of complaint, present a motion in the 2. Indirect Contempt (R71 S2)
action for FE UD for issuance of writ of
preliminary mandatory injunction to restore
him in his possession. The court shall
decide the motion within 30 days from DISCUSSION:
filing thereof
1. DIRECT CONTEMPT (S1)
R70 S20
Upon motion of plaintiff, within 10 days

- A remedy
from perfection of appeal to the RTC, the
latter may issue a writ of preliminary Acts covered:
mandatory injunction to restore plaintiff in
possession if the court is satisfied that - Misbehaviour in presence of or so
near the court as to obstruct or
- defendant’s appeal is frivolous or interrupt proceedings before the
dilatory, or same
- that the appeal of plaintiff is prima

facie meritorious
- Disrespect toward the court
- Offensive personalities towards

CONTEMPT (Rule 71)
people in court
pleadings, pp 162-166)
- Refusal to be sworn or to answer as
a witness
Contempt
- wilful disregard or disobedience to

- Refusal to subscribe an affidavit or
court, acting in opposition to
deposition when lawfully required to
authority, justice, dignity
do so
Contempt of Court
Punishment:
- conduct which tends to bring
(RTC/of equivalent or higher rank)
authority and administration of law
into disrespect or to interfere with F: not exceeding 2k OR
71
I: not exceeding 10 days, OR BOTH person adjudged to be

entitled thereof
(lower court)
Note highlighted: case in MTC
F: not exceeding 200 where case is pending
I: not exceeding 1 day, OR BOTH - If after ejectment, re entered the

property, indirect contempt (relate
to Rule 70)
Remedy: CERTIORARI or PROHIBITION (R71
S2)
c. Any abuse of or any unlawful
interference with the
2. INDIRECT CONTEMPT (S3) processes or proceedings of
the court not constituting
direct contempt as under S1
- Main / Original action
o Can be filed in RTC or MTC d. Improper conduct tending,

directly or indirectly, to
Actions covered: impede, obstruct, degrade
administration of justice
a. Misbehaviour of an officer of
a court in the performance
of his official duties or in his
official transactions e. Assuming to be an attorney
or officer of the court and
acting as such without
authority
b. Disobedience of or
resistance to a lawful writ,
process, order, judgment of
a court, including act of f. Failure to obey subpoena
person who, after being duly served
dispossessed or ejected
from any real property by
the judgment or process g. The rescue, or attempted
of any court of rescue, of a person or
competent jurisdiction, property in the custody of an
enters or attempts or officer by virtue of an order
induces another to enter or process of a court held by
into or upon such real him
property, for the purpose
of executing acts of Remedy: (R71 S11)
ownership or possession,
or in any manner disturbs Appeal to proper court as in criminal cases
possession given to the
72
Only from the time of filing such notice for

record shall
Direct Contempt Indirect Contempt
In presence of a a purchaser,
judge, motu proprio
or upon motion or encumbrancer
Cant initiate Initiate
In presence or so Not in presence of of the property affected thereby,
near judge judge, disobey court
order be deemed to have constructive notice of
Rem: certiorari Rem: appeal the pendency of the action, and
remedy Original action
only its pendency against the parties
designated by their real names
Upon filing of complaint, plaintiff may opt

to file notice of lis pendens with the The notice of the lis pendens hereinabove
register of deeds mentioned
may be cancelled
Notice of Lis Pendens only upon order of the court,
“buyer beware” after proper showing that
Notice to buyer of existence of an the notice is for the purpose of molesting

adverse claim the adverse party, or
It is not a pleading that it is not necessary to protect the rights

of the party who caused it to be recorded
There is need to register it with the
register of deeds
FILING AND SERVICE of the

pleading
Rule 13
Differentiate: Filing from service
Section 14
R13 S2
In an action affecting the title or the right
of possession of real property, the plaintiff Filing is the act of presenting the
and the defendant, when affirmative relief pleading or paper to the clerk of
is claimed in his answer, may record in the court.
office of the registry of deeds of the
province in which the property is situated Service is the act of providing a party
with a copy of the pleading or paper
a notice of the pendency of the action concerned.
Said notice shall contain the names of the

parties and the object of the action or
defense, and a description of the property What are the papers required to be
in that province affected thereby filed and served under Rule 13?
73
(PAMNOJDORS) By leaving the copy between the

hours of 8 in the morning and 6 in
Pleading subsequent to the the evening at the party’s or
complaint counsel’s residence, if known, with
a person of sufficient age and
Appearance
discretion then residing therein
Written Motion
NOTE: NO TENDERING under Rule 13 S6!
Notice
Sa summons lang yon, when
Order defendant refuses to accept the
same
Judgment
Demand
Service by mail
Offer of judgment
R13 S7
Resolution
Service by registered mail shall be made
Similar papers by
depositing the copy in the post

office,
What are the modes of service of
pleading? (R13 S5) in a sealed envelope
Personal Service (R13 S6) plainly addressed to the party or his

counsel at his office, if known,
Service by Registered Mail (R13 S7)
otherwise, at his residence, if
Substituted Service (R 13 S8) known,
with postage fully prepaid and with

instructions to the postmaster to
How is it done?
return the mail to the sender after
Personal Service 10 days if undelivered
R13 S6 If no registry service is available in the

locality of either in the sender or the
Service of papers may be made addressee, service may be done by
ordinary mail.
By delivering personally a copy to
the party or his counsel or
By leaving it in his office with the IF defendant refuses both modes of

clerk or a person having charge service, resort to:
thereof
Substituted Service
If no person is found in his office or his
office is not known or he has no office, R13 S8
then,
74
If service of pleadings, motions, notices, 2. The pleading/paper would not be

resolutions, orders, or other papers cannot admissible in court
be made under the 2 preceding section,
the office and place of residence of the 3. Would not toll the running of the
party or his counsel being unknown, reglementary period
service may be made by:
4. In case of defendant, it will NOT
Delivering the copy to the clerk of RESULT in defendant being declared
court, with proof of failure of both in default
personal service and service by mail
5. Rather, the pleading produces no
The service is complete at the time of such legal effect
delivery.
When is service deemed completed?

Note: Wag ipaghalo ang provisions ng Rule
Personal Service (R13 S10)
13 and Rule 14!!!
Personal service is complete upon actual
delivery or by handling a copy to
Effect of non compliance with personal defendant
service?
Service by mail (R13 S10)
Note: Service other than personal service
Service by ordinary mail is complete upon
the expiration of 10 days after
mailing, unless the court otherwise
R13 S11 provides.
Whenever practicable, the service and Service by registered mail is complete

filing of pleadings and other papers shall upon actual receipt by the addressee
be done personally. or after 5 days from the date he
received the first notice of the
Except with respect to papers emanating postmaster, whichever date is earlier.
from the court, a resort to other modes
must be accompanied by a written Substituted Service (R13 S8)
explanation why the service or filing was
not done personally. Substituted service is complete at the
time of delivery of the copy to the
A violation of this rule may be cause to clerk of court, with proof of failure of
consider the paper as not filed. both personal service or service by
mail.
State in detail: Effects

What is constructive service of
1. A violation of this rule may be cause pleading?
to consider the paper as not filed
(R13 S11) R13 S10
Service by registered mail is complete..
75
..after 5 days from the date he received the which the court may order to be furnished
notice of the postmaster, whichever date is him
earlier
The amount of docket and other lawful fees
which the indigent was exempted from
paying
FILING- Rule 13 S1- with the office with the
clerk of court - shall be a lien on any judgment
rendered in the case favorable to
Required in ALL INITIATORY the indigent,
PLEADINGS
o unless the court otherwise
+ PAYMENT OF THE REQUISITE DOCKET provides
FEES (See Rule 1 Section 5)
Pag kulang, court to order correct

payment Any adverse party
NOTE: Docket fees are suspended in may contest the grant of such authority
compulsory counterclaims (SC
Resolution 9-21-04) at any time before the judgment is
rendered by the trial court
If the court should determine after hearing

IF you cannot pay docket fees, that the party declared as an indigent is in
REMEDY? fact a person with sufficient income or
property,
File a motion to be declared as
pauper litigant (R3 S21) the proper docket and other lawful fees
shall be
R3 S21- A party may be authorized to
litigate his action, claim, or defense as an assessed and collected by the clerk of
indigent if the court, upon an ex parte court
application and hearing, is satisfied that
the party is the one who has no money or If payment is not made within the time
property sufficient and available for food, fixed by the court,
shelter, and basic necessities for himself
execution shall issue or the payment
and his family
thereof,
without prejudice to such other sanctions

Such authority shall include as the court may impose
an exemption from payment of
- docket and After filing of the complaint and the

payment of the requisite legal fees,
- other lawful fees, and
- of transcript of stenographic notes

III. SERVICE OF SUMMONS
76
Summons authorized by the conducted by

court issuing the competent authority
Writ or process in the name of the summons, with the or for the taking of
RP, issued by the Branch clerk of purpose of obtaining his deposition.
court informing the defendant of jurisdiction over the (Subpoena ad
the filing of the case against him, to person of the testificandum)
file an answer within the defendant and
reglementary period, or else, be giving him notice
declared in default that an action has
A process directed
been commenced
Office of the Clerk Branch Clerk of to a person
against him
of Court Court requiring him to
bring with him any
Office Person books, documents,
Receives complaint Serves summons or other things
and payment of the upon the defending under his control
docket fees party (Subpoena duces
tecum)
Purpose is to obtain Order for a person

2 kinds of summons: jurisdiction over to appear and to
person of testify at a hearing,
1. Original Summons- issued by the defendant, and to action, investigation,
branch clerk of court to the give notice to or for taking of his
defendants upon the filing of the defendant that an deposition OR to
complaint and the payment of the action has been produce books,
requisite docket fees commenced against documents, or other
him, ordering things under his
defendant to answer control (R21 S1)
2. Alias Summons- issued by the the complaint within
branch clerk of court upon motion of the time fixed by
the plaintiff in case the summons these Rules, and
are lost, destroyed, improperly unless defendant
served, or there is defect in the answers, plaintiff
manner or form of service will take judgment
by default and may
be granted the relief
applied for (R14 S2)
Summons Subpoena
Served on the May be served to a
a writ or a process (R21 S1) defendant non-party
issued to a
defending party by A process directed Does not need Needs tender of
the clerk of court, to a person tender of kilometrage,
delivered by a requiring him to kilometrage and attendance fee, and
sheriff, his deputy, attend and to testify other fees reasonable cost of
or proper court at the hearing or production fee
office, or any trial of an action, or
at any investigation Original or alias Ad testificandum or
suitable person
77
duces tecum Service in person on defendant

(R14 S6)
Upon filing of the During trial or
complaint and investigation The summons shall be served by handing a
payment of requisite copy thereof to the defendant in person.
docket fees
Tendering summons to
Note: significant to know whether the defendant (R14 S6)
action is in personam, in rem, or quasi in
rem—for purpose of service of summons In case defendant refuses to receive or sign
for it, by tendering it to him, done through:
1. Leaving copy of the summons to the

FE and UD- in personam actions defendant who refuses to receive it
IN PERSONAM 2. The officer serving the summons

shall make an affidavit addressed to
Service in person
the court stating that the time,
Substituted service place, manner of service of
summons, and that despite efforts
IN REM to try and serve the summons in
person on defendant, the same
Service in person refused to receive it, as well as the
manner of non-receipt
Substituted Service
Publication
Substituted Service of
Extraterritorial Service
Summons on defendant (R14
QUASI IN REM S7)
Service in person Requisites;
Substituted service Impossibility of the personal service

of summons within a reasonable
Publication time
The efforts exerted to locate the

person to be served
Can you serve summons by mail?
To whom served / how?
NO
By leaving copies of the summons at:
1. Defendant’s residence with some

How to serve summons? person of suitable age and
discretion then residing therein or
78
2. By leaving the copies at defendant’s 2. When defendant does not reside

office or regular place of business and is not found in the Philippines,
with some competent person in and the action: (AREA—R14 S15)
charge thereof
Through process server or upon motion- by

service of summons by substituted service - Affects personal status of the
plaintiff or
How is a person deemed of suitable
age and discretion? - Relates to, or the subject of which,
is property within the Philippines in
1. Of legal age which defendant has or claims a
lien or interest, actual or
2. With sufficient knowledge and contingent, or
comprehension that what he is
receiving on behalf of defendant are - In which the relief demanded
summons notifying defendant that a consists, wholly or in part, in
suit was brought against the same, Excluding the defendant from any
AND PREFERABLY KNOWS HOW TO interest therein or
SPEAK ENGLISH
- The property of the defendant has
been Attached within the Philippines
Service by publication in a
newspaper of general
circulation 3. When defendant ordinarily resides
in the Philippines but who is
R14 S15 temporarily out of it (R14 S16)
Service by leave of court by publication in a

newspaper of general circulation in such
place and for such time as the court may Can there be personal service of
order, in which case a copy of the summons in in rem actions?
summons and order of the court shall be
Yes. R14 S15 states that when defendant
sent by registered mail to the last known
does not reside and is not found in the
address of the defendant.
Philippines, and the action affects the
personal status of the plaintiff or relates to,
or the subject of which, is property within
Suffices under the following instances: the Philippines in which defendant has or
claims a lien or interest, actual or
1. Upon defendant designated as contingent, or in which the relief demanded
unknown owner or the like, or consists, wholly or in part, in excluding
whenever his whereabouts are defendant from any interest therein, or the
unknown and cannot be ascertained property of defendant has been attached
by diligent inquiry (R14 S14) within the Philippines, service may, by
leave of court, be effected out of the
Philippines by:
1. Personal service as under S6**
79
business with some

competent person in
2. By publication in a newspaper of charge thereof
general circulation in such places
and for such time as the court may
order, in which case a copy of the Through process
summons and order of the court server or upon
shall be sent by registered mail to motion- by service
the last known address of of summons by
defendant, or substituted service
3. In any other manner the court may

deem sufficient R14 S14
In any action where the defendant is

designated as an unknown order, or the
Substituted Service vs Extraterritorial
like, or whenever his whereabouts are
Service of Summons
unknown and cannot be ascertained by
Substituted Extraterritorial diligent inquiry, service may, by leave of
Service Service court, be effected upon him by
publication in a newspaper of general
Requisites; Arises in case circulation and in such places and for
defendant is non such time as the court may order.
Impossibility of the resident, in abroad,
personal service of - Instance where in personam, yet
action in rem, by
summons within a
way of personal publication is allowed (exception to
reasonable time
service outside of the general rule)
The efforts exerted Phils, by publication
to locate the person o Identity is unknown or
in a newspaper of
to be served general circulation, whereabouts are unknown
or in any other
manner the court
To whom served /
may deem sufficient Defective service of summons, remedy:
how?
By leaving copies of M2D Rule 16 S1a, that the court has no

the summons at: jurisdiction over the person of the
defending party
Defendant’s
residence with some
person of suitable
age and discretion 3 options of the court:
then residing
therein or 1. GRANT M2D- as plaintiff, refile the
case, unless tainted with grave
By leaving the abuse of discretion
copies at
defendant’s office or
regular place of
80
2. DENY M2D R14 S8
As defendant, following Rule 16 S4, I will When persons associated as an entity

file an answer within the balance of the without a juridical personality are sued
period prescribed by Rule 11 to which I am under the name by which they are
entitled at the time of serving my motion, generally or commonly known, service may
but not less than 5 days in any event, be effected upon all the defendants by
computed from my receipt of notice of serving upon any one of them, or upon
denial. Then proceed with the trial, and the person in charge of the office or
when the decision is adverse against me, I place of business maintained in such
will file an appeal assigning as error the name. But such service shall not bind
denial of the motion to dismiss. And when individually any person whose connection
the denial is tainted with grave abuse of with the entity has, upon due notice, been
discretion amounting to lack or excess of severed before the action was brought.
jurisdiction on the part of the court, I will
file for certiorari under Rule 65.
Upon Prisoners
3. ISSUANCE OF ALIAS SUMMONS R14 S9
When defendant is a prisoner confined in a

jail or institution, service may be effected
Can Rule 16 S1a be a ground for Motion to upon him by the officer having the
dismiss under Rules on Summary management of such jail or institution
Procedure? who is deputized as a special sheriff
for said purpose.
YES. General rule, motion to dismiss not
allowed, except #1 instance, lack of
jurisdiction over the person of the
defending party (RULES ON SUMMARY Upon Minors and Incompetents
PROCEDURE)
R14 S10
Reason: the court cannot proceed with the
When defendant is a minor, insane, or
case without jurisdiction over the person of
otherwise an incompetent, service shall be
the defending party
made upon him personally or on his
Exception to exception: SMALL CLAIMS legal guardian if he has one, or if
none, upon his guardian ad litem
whose appointment shall be applied
for by the plaintiff. In case of a minor,
To whom summons are made? service shall be made on his father or
mother.
1. Ordinary defendant
Upon domestic private juridical
entity
Upon an entity without juridical
R14 S11
personality
81
When the defendant is a corporation, In any action where the defendant is

partnership, or association organized under designated as an unknown order, or the
the laws of the Philippines without a like, or whenever his whereabouts are
juridical personality, service may be made unknown and cannot be ascertained by
on the President, Managing Partner, diligent inquiry, service may, by leave of
General Manager, Corporate court, be effected upon him by
Secretary, Treasurer, or In House publication in a newspaper of general
Counsel circulation and in such places and for
such time as the court may order.
NOTE: the LIST IS EXCLUSIVE!!!!!
Service upon foreign private

juridical entity Extraterritorial Service
R14 S12 R14 S15
When the defendant is a foreign private When the defendant does not reside and is
juridical entity which has transacted not found in the Philippines, and the action
business in the Philippines, service may be affects the personal status of plaintiff or
made on its resident agent designated in relates to, or the subject of which, is
accordance with law for that purpose, or, if property within the Philippines, in which
there be no such agent, on the government the defendant has or claims a lien or
official designated by law to that effect, or interest, actual or contingent, or in which
on any of its officers or agents within the the relief demanded consists, wholly or in
Philippines. party, in excluding defendant from any
interest therein, or the property of the
defendant has been attached within the
Philippines, service may, by leave of court,
Service upon public
be effected out of the Philippines by
corporations
personal service as under S6; or by
R14 S13 publication in a newspaper of general
circulation in such places and for such
When the defendant is the Republic of the time as the court may order, in which
Philippines, service shall be made on the case a copy of the summons and order
Solicitor General; in case of a province, of the court shall be sent by
city or municipality, or like public registered mail to the last known
corporations, service may be effected on address of the defendant, or in any
its executive head, or on such other other manner the court may deem
officer or officers as the law or the sufficient. Any order granting such
court may direct. leave shall specify a reasonable time,
which shall not be less than 60 days
after notice, within which the
defendant must answer.
Service upon defendant whose
identity or whereabouts are
unknown
Upon residents temporarily out
of the Philippines
R14 S14 R14 S16
82
When any action is commenced against a 4. With respect to fourth party

defendant who ordinarily resides within the complaint, serve upon 4th party
Philippines, but who is temporarily out of it, defendant (relate to R6 S11)
service may, by leave of court, be also
effected out of the Philippines, as
under the preceding section.
NOT in:
1. Complaint in intervention- because

If summons cannot be served because non third person submitted to
resident, unknown, or out of the Phils, as jurisdiction of the court
plantiff, what is your remedy?
Convert action in personam to quasi in rem

2. Not in permissive counterclaim-
A vs B Corporation, action for sum of because defendant aka original
money. Amend the complaint, action for plaintiff is already a party to the
sum of money WITH ATTACHMENT OF action, jurisdiction over him in
PROPERTY. Hence, summons by original complaint was already
publication can already be made. taken from the start
Court acquires jurisdiction over the

RES
3. In case of formal not substantial
Because nature of the case has amendments
become quasi in rem
May bayad ba summons?

(relate to Rule 10)
WALA!
As far as amendment of the pleading, is
Pag pinaserve mo sa process server,
summons required to be served?
meron, but not required (abutan mo na
YES, in the following instances: lang para hindi kawawa, sige ka, baka hindi
i serve)
1. Substantial not merely formal
amendment
Relate Rule 14 to Rule 57
2. Other parties are impleaded Order of attachment, writ of

attachment, issued ex parte
To implement, serve summons

3. With respect to third party
complaint, serve upon third party
defendant (relate to R6 S11)
Relate Rule 14 to Rule 58
Ex parte issuance of preliminary

injunction
83
To implement, serve summons Rule 9 S1 (relate to Rule 16) provides for

the following instances when the court may
dismiss a case motu proprio:
Court not to issue injunction unless there is Lack of jurisdiction over the subject
invalid service of summons matter
Notice and hearing Litis pendencia
Res judicata
EXCEPTION TO SERVICE OF SUMMONS: Prescription
Voluntary appearance DOES NOT INCLUDE: lack of jurisdiction

over the person of the defending party
1. Filed responsive pleading
(Wala to!)
2. Submitted to jurisdiction of the
court,
After service of summons,
IV. REFER TO THE FOLLOWING:

EXCEPT:
Motion to Dismiss (Rule 16)

When questioning the jurisdiction of
the court
Rule 14 S20 Motion for Bill of Particulars (Rule

12)
S20- Voluntary appearance
The defendant’s voluntary appearance

shall be equivalent to service of summons. Motion to amend the pleading (Rule
The inclusion in a motion to dismiss of 10)
other grounds aside from lack of
jurisdiction over the person of the
defendant shall not be deemed a voluntary
appearance. Motion for Extension of Time to File
Responsive Pleading (Rule 11)
Can the court dismiss a case motu

proprio for lack of jurisdiction over the Motion for Summary Judgment (Rule
person of the defending party for 35)
defective service of summons?
NO!
Dismissal shall only be by MOTION!

Order of Default/Judgment by
Motion to dismiss Default (Rule 9)
84
appearance is to question the jurisdiction

of the court
ONE-AT-A-TIME,
GRANTED:
A. MOTION TO DISMISS (Rule 16)
Refile
Move for alias summons

Motion to dismiss
DENIED:
A motion to dismiss in an
application for relief filed by an File an answer within the balance of the
original defendant, a defendant in a period prescribed by Rule 11 to which
permissive counterclaim, cross entitled at the time of serving motion, but
claim, 3rd 4th etc party complaint, not less than 5 days in any event,
complaint in intervention, filed computed from receipt of notice of denial.
within the time for but before filing Then proceed with the trial, and when the
the answer to the complaint or decision is adverse, file an appeal
pleading asserting a claim assigning as error the denial of the motion
to dismiss. And when the denial is tainted
After service of summons, before with grave abuse of discretion amounting
filing of a responsive pleading to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
NOTE: Motion to dismiss is not a pleading!
65.
It is not a responsive pleading! Hence, if
there is motion to dismiss, the complaint
may still be amended as a matter of right
even if there is a motion to dismiss! b. That the court has no
jurisdiction over the subject
matter of the claim
Grounds for motion to dismiss: NOTE:
Rule 16 S1 states that within the time for Subject matter (BP129- conferred
but before filing the answer to the by law)
complaint or pleading asserting a claim, a
motion to dismiss may be made on basis of Exclusive original jurisdiction of
the following grounds: courts, if not within, then M2D is
proper
a. That the court has no
jurisdiction over the person of GRANTED:
the defending party
- Refile + docket fees OR
Relate to R14
- Amend complaint to confer
Jurisdiction over defendant may be jurisdiction (no need for docket
acquired by: voluntary appearance or by fees)
valid service of summons, except if
DENIED:
85
File an answer within the balance of the DENIED:

period prescribed by Rule 11 to which
entitled at the time of serving motion, but File an answer within the balance of the
not less than 5 days in any event, period prescribed by Rule 11 to which
computed from receipt of notice of denial. entitled at the time of serving motion, but
Then proceed with the trial, and when the not less than 5 days in any event,
decision is adverse, file an appeal computed from receipt of notice of denial.
assigning as error the denial of the motion Then proceed with the trial, and when the
to dismiss. And when the denial is tainted decision is adverse, file an appeal
with grave abuse of discretion amounting assigning as error the denial of the motion
to lack or excess of jurisdiction on the part to dismiss. And when the denial is tainted
of the court, file for certiorari under Rule with grave abuse of discretion amounting
65. to lack or excess of jurisdiction on the part
65.
c. That venue is improperly laid e. That there is another action

pending between parties for the
Note: Rule 4 same cause
GRANTED:
Refile, except if GAD, then certiorari aka LITIS PENDENCIA

Rule 65
Elements:
DENIED:
1. Identity of parties or at least such
File an answer within the balance of the parties representing the same
period prescribed by Rule 11 to which interests in both actions
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the 2. That there is substantial identity in
decision is adverse, file an appeal the cause of action and in the relief
assigning as error the denial of the motion sought, the relief being founded on
to dismiss. And when the denial is tainted the same facts
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule 3. Identity in the two cases would be
65. such that any judgment that may
be rendered in one, regardless of
which party is successful, would
d. That plaintiff has no legal amount to res judicata in the other
capacity to sue case
GRANTED:
Refile
86
Which should be dismissed in case of Jurisdiction over the subject matter

litis pendencia? The 1st, 2nd, 3rd, 4th and the parties by the court
action? rendering it
The later case(s) would be dismissed.
There must be identity of the

parties, of subject matter, and of
GRANTED: cause of action between the first
and second actions
Appeal
DENIED:

period prescribed by Rule 11 to which Aka PRESCRIPTION
Then proceed with the trial, and when the GRANTED:
decision is adverse, file an appeal
Appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted DENIED:
to lack or excess of jurisdiction on the part File an answer within the balance of the
of the court, file for certiorari under Rule period prescribed by Rule 11 to which
65. entitled at the time of serving motion, but
Then proceed with the trial, and when the
f. That the action is barred by assigning as error the denial of the motion
prior judgment or by the statute to dismiss. And when the denial is tainted
of limitations with grave abuse of discretion amounting
Aka RES JUDICATA of the court, file for certiorari under Rule
65.
Elements:
There is previous final judgment or

order g. That the pleading asserting the
claim states no cause of action
Aka FAILURE TO STATE CAUSE OF ACTION

The previous final judgment is a
judgment upon the merits GRANTED:
Refile
Amend the pleading
87
DENIED: unenforceable under the

Statute of Frauds
period prescribed by Rule 11 to which (note: 1403, NCC)
not less than 5 days in any event, GRANTED:
Appeal
decision is adverse, file an appeal DENIED:
to dismiss. And when the denial is tainted File an answer within the balance of the
with grave abuse of discretion amounting period prescribed by Rule 11 to which
to lack or excess of jurisdiction on the part entitled at the time of serving motion, but
of the court, file for certiorari under Rule not less than 5 days in any event,
65. computed from receipt of notice of denial.
h. That the claim or demand set with grave abuse of discretion amounting
forth in the plaintiff’s pleading to lack or excess of jurisdiction on the part
has been paid, waived, of the court, file for certiorari under Rule
abandoned, or otherwise 65.
extinguished
GRANTED:
j. That a condition precedent for
Appeal filing the claim has not been
complied with
DENIED:
GRANTED:
period prescribed by Rule 11 to which General Rule: refile plus comply
entitled at the time of serving motion, but with condition precedent, EXCEPT:
Then proceed with the trial, and when the In case of wilful and deliberate
decision is adverse, file an appeal forum shopping, which operates as
assigning as error the denial of the motion dismissal with prejudice, hence,
of the court, file for certiorari under Rule In the latter case, Appeal
65.
In case of non exhaustion of administrative
remedies,
i. That the claim on which the Exhaust then refile

action is founded is
DENIED:
88
File an answer within the balance of the the court shall dismiss the claim
period prescribed by Rule 11 to which
NOTE ALSO: Rule 7 S5
Then proceed with the trial, and when the Hence, summing up Rule 16,
assigning as error the denial of the motion WITH PREJUDICE- e, f, h, i of Rule 16
with grave abuse of discretion amounting WITHOUT PREJUDICE- the rest of Rule 16
65.
MOTU PROPRIO DISMISSAL: (see underlined Rule 50 S1- Motion to dismiss appeal
below)
An appeal may be dismissed by the CA on
Rule 9 S1 its own motion or on that of appellee, on
the following grounds:
Defenses and objections not pleaded
1. Failure of the record on appeal to
either in a motion to dismiss or
show on its face that the appeal
in the answer was taken within the period
prescribed by these Rules
are deemed waived
2. Failure to file notice of appeal or the

However, when it appears from the record on appeal within the period
pleadings or the evidence on record that prescribed by these Rules
1. the court has no jurisdiction 3. Failure of appellant to pay the

over the subject matter, docket and other lawful fees
prescribed in S5 of R40 and S4 Rule
41
2. that there is another action

pending between the parties for
the same cause, or 4. Unauthorized alterations, omissions,
or additions in the approved record
on appeal as provided in S4 of Rule
44
3. that the action is barred by
prior judgment or by statute of
limitations,
5. Failure of appellant to serve and file
the required number of copies of his
89
brief or memorandum within the - To see whether the adverse party

time provided by these Rules was able to receive the motion
6. Absence of specific assignment of 4. IF by registered mail, accompanied

errors in the appellant’s brief, or of by proof of service, explanation why
page references to the record as not done via personal service (R13
required in S13 par a, c, d, f of Rule S11)
44
Other party files comment or
7. Failure of appellant to take objection
necessary steps for the correction
or completion of the record within
the time limited by the court in its
5. File reply to comment
order
8. Failure of appellant to appear at the

preliminary conference under R48 IF requisites are not complied with,
or to comply with orders, circulars,
or directive of the court without 1. *the motion shall be treated as a
justifiable cause, and worthless piece of paper which the
clerk of court has no right to receive
and the court has no authority to
act upon (mere scrap of paper)
9. The fact that the order or judgment
appealed from is not appealable
2. It does not interrupt the running of

the prescriptive/reglementary
Side note: RULES ON MOTION
period for the filing of the requisite
Note requirements of written motion: pleading
1. Notice of hearing (Due process)- 3

daay notice rule
3. It will be ground for denial of the
motion
2. Set hearing 10 days after filing of

the motion
4. The motion shall be considered as
not filed
3. Proof of service (different from Execution of the act subject of the

proof of mailing, only as far as motion, because it would be
filing) deemed as a final order
90
If act is adversely ruled due to non Motion made with notice to the
compliance with the Rules on Motion, file adverse party to give him an
M4R within 15 days (Rule 37) opportunity to oppose it
LITIGATED NON LITIGATED Special Motion

MOTION MOTION
A motion addressed to the
Comply with No need to comply discretion of the court
requisites for written with all the
motion requirements, but
with need to hear on
Examples of Litigated Motions:
the motion
If not, would affect Motion to dismiss

the right of parties
IF not, then not set
for hearing Motion to declare defendant in
default
What is a motion?
R15 S1 Motion for summary judgment
A motion is an application for relief other

than by a pleading
Motion for judgment on the
pleadings
What are the kinds of motions?
Motion ex parte / Non Litigated Motion for new trial

Motion
Made without the presence of or

Motion for reconsideration
notification to the other party
because the question generally
presented is not debatable
Motion to dismiss complaint upon
plaintiff’s motion
Motion of course
Movant is entitled to the relief or Motion to lift order of default

remedy sought as a matter of
discretion on the part of the court
Motion to declare a party in direct

contempt
Litigated Motion
91
Motion for demurrer to evidence
All motions for provisional remedies:
Motion for consolidation or

severance of case
Motion for preliminary attachment
Motion for trial by commissioner

Motion for dissolution of preliminary
injunction
Motion to strike out evidence or

testimony off the record
Motion for writ of replevin
Examples of non-litigated motions:

Motion in support pendent lite
Motion to reset pre trial
Motion to postpone for absence of

Motion to postpone pre trial evidence
Motion to extend time for filing Motion to postpone for illness of a

pleadings party or counsel
Motion to set case for pre trial Rule 16- relate to Rule 10
Amendment as a matter of right if a motion

to dismiss is filed- PWEDE! Because
Motions that need to be verified: motion to dismiss is NOT a responsive
pleading
Motion for relief from judgment
Motion to dismiss- not a pleading
Position paper- not a pleading

Motion to lift order of default
Memorandum- not a pleading
Amendment if order granting motion to

Motion to postpone trial
dismiss, pwede, for as long as the motion is
final and executory
Motion for new trial on ground of

FAME
OF the 10 grounds,
92
Motion to dismiss after a responsive

pleading,
When do you file bill of particulars?
PWEDE, raise as affirmative defense, then
set the motion to dismiss for hearing R12 S1 states that a bill of particulars is
filed before responding to a pleading,
following the reglementary periods
provided for under R11. (If the pleading is
B. MOTION FOR BILL OF a reply, the motion must be filed within 10
PARTICULARS (R12) days from service thereof)
(Note: Different from motion for bill of

particulars in Criminal Procedure)
Requirements for filing Bill of
Motion for Bill of Motion for Bill of Particulars:
Particulars in Civ Particulars in Crim
Pro Pro (R12 S1 in relation to R15)
Rule 12 R116 S9 1. A written motion by the defending

party before the court for a bill of
May be filed before May be filed before
particulars
responding to a arraignment
pleading
Address any matter Address alleged 2. If the pleading is a reply, the motion
in the pleading not defects in the must be filed within 10 days from
averred with criminal complaint service
sufficient or information
definiteness or
particularity
3. The motion shall point out the
Purpose is to Purpose is to enable defects complained of, the
prepare responsive properly to plead paragraphs wherein they are
pleading and prepare for trial contained, and the details desired
Note: the motion is a LITIGATED MOTION 4. The motion is to be filed before the
filing of responsive pleading
To clarify ambiguities
Done before filing of a responsive pleading

5. In writing
What is a bill of particulars?
R12 S1 states that a bill of particulars is a

more definite statement of any matter 6. Hearing of motion set by applicant
which is not averred with sufficient
definiteness or particularity, with the
purpose of aiding in the preparation of a
responsive pleading. 7. Notice of hearing shall be addressed
to all the parties concerned not
93
later than 10 days from the filing of IS bill of particulars part of a

the motion pleading?
YES!
8. Motion and notice of hearing must R12 S6 provides that a bill of particulars
be served at least 3 days before the becomes part of the pleading for which it is
date of hearing intended.
9. Proof of service C. MOTION TO AMEND THE

PLEADING (Rule 10)
Amendment, as provided under R10 S1, is

The motion for bill of particulars is the process of:
denied. Remedy?
1. Adding or striking out an allegation
R12 S5 or name of any party or
After service of the Bill of Particulars or of a 2. Correcting a mistake in the name of

more definite pleading, or after notice of a party or a written or inadequate
denial of his motion, the moving party may allegation or description in any
file his responsive pleading within the other respect,
period to which he was entitled at the time
of filing his motion which shall not exceed 5 a. So that the actual merits of
days in any event the controversy may
speedily be determined,
b. Without regard to
Effect of order of failure to comply to technicalities,
file Bill of Particulars
c. And in the most expeditious
R12 S4 and inexpensive manner
If the order is not obeyed, or in case of IN SHORT:

insufficient compliance therewith, the court
may order the striking out of the pleading Amendment is the process of
or the portions thereof to which the order adding or striking out or correcting
was directed, or make such order as it a name or allegation
deems just.
Amendment as a matter of right
(File a motion to strike out the pleading)
- To correct alterations in a PLEADING
(not in a motion)
Motion for Bill of Particulars:
Granted: Clarify, file bill of particulars Kinds of amendments:
Denied, answer within the plenary period 1. Amendment as a matter of

right: (R10 S2)
94
A party may amend his pleading once as a - With already presentation of

matter of right at any time before a evidence, but as far as allegations
responsive pleading is served or in the are concerned, there is discrepancy,
case of a reply, at any time within 10 days so, amendment is allowed to
after it is served. conform to evidence
- Once the pleading is amended, the o NOTE: meron din to sa

old pleading is no more, EXCEPT, criminal procedure
admissions made in the old
pleading
5. Substantial amendments
2. Amendment by leave of court: Amendment of the pleading which would

(R10 S3) change the original cause of action
Except as provided in the next preceding

section, substantial amendments may be
6. Amendment to confer
made only upon leave of court
jurisdiction
- Amendment is substantial
Amendment as a matter of right, so far as
- A responsive pleading had already no responsive pleading is served
been served
Question: Amendment as a matter of right,

3. Formal Amendments (R10 S4) there is second motion to amend (not once
as a matter of right), is the second motion
A defect in the designation of the parties or to amend a matter of right or a matter of
other clearly clerical or typographical discretion?
errors may be summarily corrected by the
court at any stage of the action, at its (Question unanswered yet)
initiative or on motion, provided no
prejudice is caused thereby to the adverse
party. If there is no responsive pleading yet-
amendment as a matter of right
Once- matter of discretion

4. Amendments to conform or to
authorize presentation of
evidence (R10 S5)
Amendment as a matter of right
When issues not raised in the pleadings
are tried with the express or implied DENIED: remedy- MANDAMUS
consent of parties, they shall be treated as
if raised in the pleadings, pleadings may be
amended to conform to the evidence, and
Amendment with leave of court (after the
failure to amend does not affect the result
filing of a responsive pleading)
of the trial of these issues
DENIED: Remedy?
95
Certiorari Rule 65 in relation to Rule Related to Rule 14 and Rule 57

41 S1
- In personam to quasi in rem,
Order is interlocutory publication is allowed
- Substantial amendment
Relate Rule 10 to Provisional Remedies o Service of summons

required
If the original complaint or verified
complaint has provisional remedies, - Amendment of complaint to join
and the original is superseded by another party,
amendment, any provisional
remedy is affected by amendment o Need to serve summons
Amendment of complaint, which includes

prayer for writ of attachment, the
Amendment of the answer? 3PC? 4PC?
provisional remedy shall be DISSOLVED.
Complaint in intervention?
PWEDE!- amendment of the pleadings

Relate Rule 10 to Rule 6 naman ang tinutukoy eh
- When the answer does not allege

cross claim, counterclaim,
o Remedy: AMENDMENT of the

Amended Supplemental
pleading
Pleading Pleading
- Answer omitted counterclaim or
Refers to facts Refers to facts
cross claim,
existing at the time arising after the
o Remedy is to AMEND the of the filing of the original
answer commencement of pleading
the action
Takes the place of Taken together with

Relate to Rule 2 the original pleading the original pleading
- In case of non joinder of causes of Can be made as Always with leave of

action, matter of right when court
no responsive
o AMEND the pleading pleading has yet
been filed
When amended A substantial

Relate to Rule 3 pleading is filed, a pleading does not
new copy of the require the filing of
- Related to joinder of parties,
entire pleading must a new copy of the
o AMEND the complaint be filed entire pleading
Amendment as a A supplemental
96
matter of right is to pleading may be o NO PROHIBITION under the

be answered before answered within 10 Rules on Summary
the filing of the days from notice of Procedure
responsive pleading, the order admitting
(within 15 days after the same, unless a
being served with a different period is
D. MOTION FOR EXTENSION OF
copy thereof)—(R11 fixed by the court.
TIME TO FILE RESPONSIVE
S3) The answer to the
PLEADING (Rule 11)
complaint shall
serve as answer to Rule 11 S11
the supplemental
Amendment by
complaint if no new Section 11
leave of court is to
or supplemental
be answered within
answer is filed (R11
10 days from notice
S7)
of the order Upon motion and on such terms as may
admitting the same. be just,
An answer earlier
filed may serve as the court may extend the time to plead
the answer to the provided in these Rules
amended complaint
if no new answer is
filed (R11 S3) The court may also, upon like terms,
Supersedes original Supplements allow an answer or
pleading original pleading
other pleading to be filed
With or without With leave of court
leave of court after the time fixed by these Rules
Relate to Rule 16 Extend, BASED ON CAUSE

The court may either deny the
motion to dismiss, grant the motion
to dismiss, or ORDER THE Not a litigated motion
AMENDMENT OF THE PLEADING
no need for hearing, notice, and
filing
Is there amendment of the pleading in

summary procedure?
3 day notice rule- further motion 3 days
YES before hearing
- As a matter of right 10 days- motion set for hearing at least 10

days
- As a matter of discretion
97
Is bill of particulars allowed in Summary o final judgment on the merits

Procedure?
DENIED:
NO (Prohibited pleading)
- plead
o there is issue, but there is no

Motion to dismiss in Summary Procedure? genuine issue
NO (prohibited pleading)
EXCEPT: Maganda ka? Maganda ka nga
1. lack of jurisdiction over the person

of the defending party
ORDER OF DEFAULT / JUDGMENT
2. lack of jurisdiction over the person BY DEFAULT (Rule 9)
of the defendant
Order of Default Judgment by
3. failure to comply with the Barangay Default
Conciliation Proceedings
Order issued by the Decision or
EXCEPTION TO EXCEPTION: court where judgment by the
defendant failed to court after order of
Small Claims Cases- motion to dismiss file answer default and
absolutely hindi pwede presentation of
evidence ex parte
by plaintiff
E. SUMMARY JUDGMENT (Rule 35)
Summary judgment
- judgment rendered by the court ORDER OF DEFAULT

without trial if it clearly appears that
Rule 9 S3 provides that a defending party
there exists no genuine issue or
who fails to file an answer to an initiatory
controversy as to any material fact,
pleading within the time allowed therefor
except as to the amount of
may be declared in default.
damages
S1 and 2- PLAINTIFF or DEFENDANT Files

DEFENDING PARTY INCLUDES:
Plaintiff- at any time after the pleading
in answer thereto has been served In a permissive counterclaim-
original plaintiff
Defendant- at any time
In a 3PC- 3rd party defendant
NOTE: LITIGATED MOTION
In a cross claim- co defendant
GRANTED:
Requirements for declaration of
- remedy is APPEAL
default: (R9 S3)
98
1. The court must have validly - S4 R65

acquired jurisdiction over the
person of the defendant either by - Interlocutory
service of summons or voluntary
o NOT Rule 37 as basis
appearance
(because Rule 37 applies
only to Final orders)
2. Proof of service of summons on the Denied,

defendant
CERTIORARI RULE 65 with TRO or injunction
- Dahil pag wala, at may order of

3. The defendant fails to answer within default, tuloy tuloy na + judgment
the time allowed therefore of default
4. Written motion by claiming party to NOTE: umaakyat to hanggang SC- Ordinary

declare defendant in default (NOT and Special Civil actions (from MTC), [not
oral motion!) Spec Pro]
(state R15 requirements)
MTC
(all special civil actions, original actions in

exercise of original jurisdiction, final
Plaintiff failed to file answer, be declared in judgment)
default
ORDINARY CIVIL ACTION
(R9 in relation to Rule 6)
Order of default
DENIED,
NATURE OF ORDER OF DEFAULT:
interlocutory (making reference to R41) Motion for reconsideration
DENIED,
REMEDY: Certiorari Rule 65 RTC with TRO (S7 R9

amended by AM 7-7-12)
MOTION TO LIFT ORDER OF DEFAULT
DENIED,
Verified, FAME, Affidavit of Merit
(note what it is, and in what Motion for reconsideration Rule 37 with
instances required [all FAME]) RTC
Granted: File answer DENIED,
Denied, Notice of appeal with CA Rule 41 (original

jurisdiction of RTC ang certiorari Rule 65)—
FILE MOTION FOR RECONSIDERATION
99
apply Neypes, doctrine of hierarchy of o Due to refusal to comply

courts with the modes of discovery,
the refusing party may be
DENIED, declared in default
CA M4R Rule 52
DENIED, In case of motion to declare defendant in

default, there is one more remedy:
SC R45 Petition for Review on Certiorari
apply Neypes, Hierarchy of courts - File motion to admit answer
DENIED, o Mawawala ang motion to
declare defendant in default
SC M4R Rule 52
dahil may answer na eh
DOCTRINE OF HIERARCHY OF COURTS

Summary Proceedings
Higher courts will not entertain any
Motion to declare defendant in
case brought before it unless the
default is a PROHIBITED PLEADING
same is decided before the lower
courts As plaintiff in such a case, file MOTION TO
RENDER JUDGMENT
As defendant, don’t file motion to admit

Effect of order of default:
answer
- Lose standing
- It is equal to motion for extension of
- Not to participate at the trial but time to file pleadings
shall be entitled to notices
o PROHIBITED PLEADING
- Entitled to 2 copies of decision,
resolution, substantially amended ETO DISKARTE MO, ikaw ang defendant
pleadings
- Go to office of the clerk of court, file
your answer, at pag ayaw
tanggapin, file it by registered mail
R9 S3 in relation to Rule 10
o Pag nag argue ang kalaban,
- Order of default issued by court, motion to strike out answer,
there is amendment of the WEH!
pleading, order of default is
dissolved  R1 S6- Liberal
application of the
rules, HENCE, you
can file answer
R9 in relation to Modes of Discovery
- R29
Summary Procedure
100
Given 10 days to answer from Basis: R52 S1

receipt of service of summons
Denied. Remedy?
JUDGMENT BY DEFAULT
File a petition for review on certiorari
Nature: Final Judgment before the SC raising only questions of law
which must be distinctly set forth, within 15
R9 in relation to R11 days from notice of the denial of
petitioner’s motion for reconsideration filed
Based on presentation of evidence ex parte
in due time after notice of the judgment.
Basis: R45 S2 and R45 S1-- CA

BEFORE JUDGMENT BECOMES FINAL judgment, final order, or resolution
AND EXECUTORY: can be elevated to the SC raising
only questions of law
REMEDY:
Motion to set aside judgment or final order

due to FAME Denied. Remedy?
Denied, File a motion for reconsideration of the

judgment or final resolution within 15 days
Motion for reconsideration from service thereof before the SC, with
proof of service on the adverse party.
Denied,
Basis: R52 S1
CERTIORARI Rule 65 with TRO/injunction-
PREFERRED over appeal
- Because appeal is not the AFTER FINALITY OF JUDGMENT:

adequate, speedy remedy
Any of the following remedies:
o Judgment kasi is based on
evidence ex parte- no
evidence to review because
1. File petition for relief from
no evidence in the first place
judgment, order, or other
is presented by defendant
proceeding on the ground of entry
GENERAL RULE: certiorari is not a of such judgment or final order, or
substitute for lost appeal; any other proceeding is thereafter
taken against a party in a court
EXCEPTION: when appeal is not a speedy, through FAME (Rule 38 S1)
adequate remedy
Denied. Remedy?
2. File petition for annulment of
File a motion for reconsideration of the judgment or final order or resolution
judgment or final resolution within 15 days on the ground of extrinsic fraud
from service thereof before the CA, with (R47 S1 and 2)
proof of service on the adverse party.
101
3. File petition for certiorari (Rule 65) Answer to amended complaint
4. Collateral Attack
Answer to amended counterclaim
V. FILING OF ANSWER Answer to amended cross claim
Answer- the pleading setting forth the

defending party’s defenses
Answer to amended 3rd 4th etc party
(Bears the same parts of a pleading) complaint
WITHIN WHEN?
What are the responsive pleadings? Answer to amended complaint in

intervention
Rule 6 of the Rules of Court in relation to
Rule 11 provides for the following
responsive pleadings:
Answer to supplemental complaint
Answer to the original complaint
Rejoinder
Compulsory counterclaim
Answer to counter counterclaim

Answer to the permissive
counterclaim
Answer to counter cross claim
Answer to cross claim
Answer to amended counter

counterclaim
Answer to 3rd 4th etc party complaint
Answer to amended counter cross

Answer to complaint in intervention claim
Reply
102
Discuss the periods to answer to In case of summons by publication, answer

responsive pleadings under Rule 11 of shall be filed within the time specified in
the Rules of Court: the order granting leave to serve summons
by publication which shall not be less
1. Answer to the original than 60 days after notice, within
complaint which the defendant must answer.
R13 S1 In case of a non resident defendant in

whom extraterritorial service of summons
Defendant shall file answer to the
is made, the period to answer should be
complaint within 15 days after service
at least 60 days.
of summons, unless a different period is
fixed by the court
R13 S2 2. Compulsory counterclaim
Where the defendant is a foreign private (note above periods?)

juridical entity and service of summons is
made:
- to a resident agent, answer shall be

filed within 15 days from service
of summons to him
- when it has no resident agent but

has an agent or officer in the
Philippines, answer shall be filed
within 15 days after service of
summons to said agent or
officer
3. Answer to permissive
counterclaim
- if it has no resident agent nor an
agent or officer, and summons is R11 S4
made on the proper government
A permissive counterclaim must be
office designated by law to receive
answered within 10 days from service
the same (SEC), which will then
send a copy thereof by registered
mail within 10 days to the home
office of the foreign private 4. Answer to cross claim
corporation, answer shall be filed
within 30 days after receipt of R11 S4
summons by the home office of
A cross claim must be answered within 10
the foreign private entity
days from service
R14 S15
103
5. Answer to 3rd 4th etc party R11 S3 (note the period) shall apply to the
complaint answer to an amended counter claim,
amended cross claim, amended 3rd 4th etc
R11 S5 party complaint, amended complaint in
intervention
Time to answer a 3rd 4th etc party complaint
shall be governed by the same rule as the
answer to the complaint (hence, follow R11
S1, 2 plus amendments) 10. Answer to supplemental complaint
R11 S7
6. Answer to complaint in A supplemental complaint may be

intervention answered within 10 days of the order
admitting the same, unless a different
R19 S4 period is fixed by the court. The answer to
the complaint shall serve as answer to the
The answer to the complaint in intervention
supplemental complaint if no new or
shall be filed within 15 days from notice
supplemental answer is filed.
of the order admitting the same, unless
a different period is fixed by the court
11. Rejoinder
7. Reply (?)
R11 S6
A reply may be filed within 10 days from

service of the pleading responded to
8. Answer to amended complaint
R11 S3
Where plaintiff files amended complaint as

a matter of right, the defendant shall
answer the same within 15 days after
being served with a copy thereof
Where its filing is not a matter of right, the

defendant shall answer the amended
complaint within 10 days from notice of
the order admitting the same
R11 S4 (?)
9. Amended CC, Amended 34etc Answer within 10 days from service

PC, Amended CII
104
17-18. presence of third presence of third

parties over whom parties over which
R11 S3 (?)—note the periods the court cannot the court cannot
acquire jurisdiction acquire jurisdiction
Barred if not set up Not barred even if

Answer may raise counterclaim or cross
in the action not set up in the
claim
action
Answer in third party complaint- Can you Need not be Must be answered or
raise Counterclaim or cross claim? answered, not result else defendant can
in default be declared in
YES!
default
But, if counterclaim against counterclaim,
Not an initiatory Initiatory pleading
counter counterclaim
pleading
IF cross claim against cross claim, then
Docket fees are With docket fees
counter cross claim
suspended
Counterclaim Cross Claim

Omitted counterclaim or cross claim
Any claim which a Any claim by one
defending party party against a co REMEDY: amend the answer
may have against party arising out of
the opposing party the transaction or
occurrence that is
the subject matter Motion to dismiss with counterclaim
either of the original
If permissive counterclaim, PWEDE
action or of a
counterclaim therein Kasi, independent sa main action
Counterclaim with respect to Rule 17
Compulsory Permissive Pwede, proceed after service of

Counterclaim Counterclaim answer (Rule 17 S1 and 2)
Arises out of or is Does not arise out of
necessarily nor is necessarily
connected with the connected with the Counterclaim with respect to Rule 18
transaction or subject matter of
occurrence that is the opposing party’s Plaintiff failed to appear in pre trial,
the subject matter claim case is dismissed with prejudice,
of the opposing without prejudice to counterclaim
party’s claim
Does not require for It may require for its

DEFENSES and DENIALS
its adjudication the adjudication the
105
What are the types of defenses? o During hearing, defending

party to present evidence
1. Negative defense first
R6 S5  INVERTED TRIAL
Negative defense is the specific denial of
the material fact or facts alleged in the
pleading of the claimant essential to his Affirmative defense is granted, case is
cause or causes of action. dismissed. Remedy?
2. Affirmative defense APPEAL (Because trial is on the merits)
R6 S5
An affirmative defense is an allegation of

new matter which, while hypothetically
admitting the material allegations in the With respect too negative defenses, note
pleading of the claimant, would SPECIFIC DENIALS
nevertheless prevent or bar recovery by
him. The affirmative defenses include:
a. Fraud What is a negative pregnant?
b. Statute of limitations - General denials are deemed

admissions
c. Release
d. Payment
Plaintiff’s remedy in such a case?
e. Illegality
- JUDGMENT ON THE PLEADINGS
f. Statute of frauds (Rule 34)
g. Estoppel
h. Former recovery Kinds of Denials:
i. Discharge in bankruptcy 1. Specific Absolute Denial
j. Any other matter by way of

confession and avoidance
- By specifically denying the
Ground for motion to dismiss (if M2D not averment and whenever
filed or M2D denied), may be pleaded as an practicable, setting forth the
affirmative defense in the answer substance of the matters relied
upon for such denial
Motion to set affirmative defense for
hearing,
- Equivalent to motion to dismiss With support dapat
106
Specifically deny par 2 __ for being untrue, 2. Usury in a complaint

the truth of the matter is that...
3. Summary procedure
2. Partial specific denial
4. Answer with permissive

- Part admission and part denial counterclaim
With support dapat
Not denied under oath an actionable

document such as deed of sale or
mortgage,
3. Disavowal of knowledge Failure to verify = deemed admitted
HENCE, judgment on the pleadings
- By an allegation of lack of Except:

knowledge or information sufficient
to form a belief as to the truth or 1. Fraud/forgery
falsity of the averment in the
opposing party’s pleading 2. Not a party to the actionable
document
In good faith, or else, deemed an

admission After jurisdiction is acquired by court,
parties may resort to:
Specific denial in par __ __ __ for lack of
knowledge to truth or belief of the same VI. MODES OF DISCOVERY
Rules 23-28
Specific not necessarily Specific Denial - Depositions pending action (under

R23)
Answer- no need to verify
- Depositions before action or
EXCEPT: pending appeal (R24)
1. Actionable Document - Interrogatories to parties under R25
- Admission by adverse party (R26)
- Document which creates rights, - Production or inspection of

which serves as basis for filing of documents or things under (Rule
the complaint 27)
107
- Physical and mental examination of - Objective is to perpetuate

persons under (Rule 28) testimony of a witness for future
use
o Taken conditionally, to be
Discussing each: used at the trial only in case
deponent is not available
1. Depositions pending action
(R23) - Do not prove existence of any right
and the testimony perpetuated is
Deposition- a written testimony of a
not in itself conclusive proof, either
witness given in the course of a judicial
of the existence of any right nor
proceeding in advance of the trial or
even of the facts to which they
hearing upon oral examination or in
relate, as it can be controverted at
response to written interrogatories and
the trial in the same manner as
where an opportunity is given for cross
though no perpetuation of
examination
testimony was ever had
Aka depositions de bene esse
BUT, in the absence of any
May be taken with leave of court when: objection to its taking, and even if
the deponent did not testify at the
1. After jurisdiction has been obtained hearing, the perpetuated testimony
over any defendant or over the constitutes prima facie proof of
property which is the subject of the facts referred to in the deposition
action but before an answer has
been filed
2. Deposition of a person confined in

prison
3. Interrogatories to parties (R25)
May be taken without leave of court:
1. After answer and deponent is not

- Purpose is to elicit facts from any
confined in prison
adverse party
Scope of examinations:
- Answers may also be used as
1. Matter which is relevant to the admissions of the adverse party
subject of the pending action
- Written interrogatories and the
2. Not privileged answers thereto must be both filed
and served, hence, the answers
3. Not restricted by a protective order may constitute as judicial
admissions
2. Depositions before action or

pending appeal (Rule 24) 4. Admission by Adverse Party
under Rule 26
Aka perpetuam rei memoriam
108
- Purpose is to expedite trial and 6. Physical and Mental

relieve parties of the costs of Examination of Persons under
proving facts which will not be Rule 28
disputed on trial and the truth of
which can be ascertained by
reasonable inquiry
- This mode of discovery is available
- An admission made is for the in an action in which the mental or
purpose of the pending action only physical condition of a party is in
and cannot be used in other controversy, usually arising in
proceedings controversy in proceedings for
guardianship over an imbecile or
insane person, while the physical
condition of the party is generally
5. Production or inspection of involved in physical injuries cases
documents or things under Rule
27
- Since the results of the examination

are intended to be made public, the
- Applies only to a pending action and same are not covered by physician-
the documents or things subject of patient privilege
the motion must only be those
within the possession, control, or
custody of a party
Use of depositions:
The documents to be produced must
have the following requisites: 1. Impeach adverse party’s witness
(relate to evidence)
1. Should not be privileged
2. Residing 100 km away, sick or
2. Should constitute or contain infirm
evidence material to any matter
involved in the action and which are
in the party’s possession, custody,
R23 R24- Relate to R134 (Deposition)
or control
3. In a petition for production of

papers and documents, they must Interrogatories/Admission by adverse party
be sufficiently described and
identified, or else, the petition will 1. File answer or comment, or else,
not prosper the facts are deemed admitted, no
issue, hence, judgment on the
This mode of discovery does not authorize pleadings
the opposing party or clerk or other
functionaries of the court to distrain the
articles or deprive the person who
produced the same of their possession, Production/Inspection of documents or
even temporarily things
For photographing, copying,

inspecting
109
Production or Subpoena Governed by Rule Governed by Rule

Inspection of 101 28
Documents or
Things Special proceeding Mode of discovery
Mode of discovery Process File a petition File a motion
By motion By request Filed by Regional Any party may avail

Director of DOH of
Production or Original of
Another remedy which may be availed of:
Inspection of Evidence in
Documents or Custody of MOTION TO DISMISS BY
Things Adverse Party PLAINTIFF (Rule 17)
Mode of discovery Exception to the
What are the grounds for dismissal
best evidence rule
under Rule 17?
By motion By notice
1. Dismissal upon notice by
plaintiff (R17 S1)
If there is no original
document, because
- At any time before service of the
such is in the
answer or of a motion for summary
presence of adverse
judgment
party, the
requesting party can Before filing responsive pleading or
ask for production of motion for summary judgment
the original by way
of notice
Without prior With prior 2. Dismissal upon motion by

knowledge as to knowledge of plaintiff (R17 S2)
contents contents of the
document, because
the requesting party
has the secondary Upon approval of the court and
evidence
Upon such terms and conditions as
the court deems proper
Mental and Physical examination of

Persons vs Hospitalization of Insane
With answer, by way of motion
Persons
without prejudice to counterclaim
Hospitalization of Physical and
Insane Persons Mental
examination of May be filed independently or
persons separately
110
including the same claim before

court of competent jurisdiction
3. Dismissal due to fault of
plaintiff, when for justifiable 4. At any time before service of
cause, answer or of motion for summary
judgment, plaintiff filed notice of
dismissal of the second complaint
based on or including the same
Plaintiff fails to appear on the date
claim as the first complaint
of the presentation of his evidence
in chief on the complaint Effect of 2 dismissal rule (R17 S1):
The second notice of dismissal shall

operate as an adjudication upon the merits.
Plaintiff fails to prosecute his action
for an unreasonable length of time
Exceptions to 2 Dismissal Rule:
Plaintiff fails to comply with these 1. 1st action is not related to the
Rules or any order of the court second action
What is the 2 dismissal rule? What 2. Court dismissing the second action
are its elements? is a court not of competent
jurisdiction
(R17 S1) -..the notice of dismissal by
plaintiff operates as an adjudication upon
the merits when filed by a plaintiff who has
once dismissed in a competent court an Nature of Dismissal of actions under
action based on or including the same Rule 17:
claim
(S1), upon notice by plaintiff
Unless otherwise stated in the

Elements of 2 dismissal rule: (R17 S1) notice, the dismissal is without
prejudice,
1. First complaint filed by plaintiff
before court of competent
jurisdiction
(*2 dismissal rule) ..except that a
2. At any time before service of notice operates as an adjudication
answer or of motion for summary upon the merits when filed by a
judgment, plaintiff filed notice of plaintiff who has once dismissed in
dismissal of the first complaint, a competent court an action based
which the court granted (effect on or including the same claim
without prejudice)
3. Second complaint filed by plaintiff

involving an action based on or (S2), upon motion of plaintiff
111
The dismissal shall be without Another:

prejudice, unless otherwise
specified in the order JUDGMENT ON THE PLEADINGS
(Rule 34)
S1
(S3), due to fault of plaintiff
Where the answer
The dismissal shall have the effect
of an adjudication upon the merits - fails to tender an issue or
unless otherwise declared by the
- otherwise admits the material
court
allegations of the adverse party’s
pleading,
What are your remedies, as plaintiff, the court may, on motion of that party,
in such cases? direct judgment on such pleading
S1- dismissal upon notice by plaintiff However, in an action for declaration of
refile the case (unless the 2- - nullity or

dismissal rule applies [?])
- annulment of marriage or
- for legal separation,

or if so declared with prejudice,
the material facts alleged in the complaint
appeal the dismissal
shall always be proved
S2- dismissal upon motion of plaintiff

Exception that JoP be on motion:
Refile the case
- if at pre trial court finds that
judgment on the pleadings is
proper, it can render such judgment
If the court declares that the motu proprio
dismissal is with prejudice, appeal
the dismissal
Allegations not deemed admitted by filing

of judgment on the pleadings:
S3- dismissal due to fault of plaintiff
- irrelevant allegations
Appeal the dismissal
- immaterial allegations
- allegations of damages in the

If the court declares that the complaint
dismissal is without prejudice, refile
the case
Judgment on the Summary
112
Pleadings Judgment
3 day notice rule 10 day notice rule Second pleading on the party on the
part of defendant being his answer
Filed by plaintiff Filed by defendant
to the plaintiff’s replication
Based solely on the Based on pleadings,
Another form of responsive pleading
pleadings depositions,
admissions,
affidavits
IX. PRE TRIAL (Rule 18)
Answer fails to No genuine issue
tender an issue or between the parties Rule 18 S1 COMPLETE:
there is an
admission of AFTER the LAST PLEADING ASSERTING
material allegations A CLAIM has been served and filed, or
AFTER the EXPIRATION OF THE TIME FOR
On the merits Interlocutory or on FILING THE LAST PLEADING ASSERTING A
the merits CLAIM, a pre trial is to be conducted upon
motion ex parte by plaintiff that the case
There is answer filed If filed by plaintiff,
be set for pre trial
filed at any time
before answer is
served
Pre Trial Conference- yes
If filed by defendant,
may be filed at any Answer
time even before
answer
Answer to permissive counterclaim
VII. REPLY (R6 S10)
A pleading, the office or function of which Answer to cross claim

is to deny or allege facts in denial or
avoidance of new matters alleged by way
of defense in the answer and thereby join Answer to third party complaint
or make issue as to such new matters.
Answer to complaint in intervention
If a party does not file such reply, all the
new matters alleged in the answer are
deemed controverted.
Reply to answer
R11- may be filed within 10 days from
service of the pleading responded to
Reply to answer to permissive
counterclaim
VIII. REJOINDER
113
Reply to answer to cross claim and prosecutor are are required to

required to appear appear
Reply to answer to third party

complaint Non appearance
may be excused
only if valid cause is
shown, or
Reply to answer to complaint in
representative shall
intervention
appear in behalf
duly authorized in
writing to enter into
Rejoinder amicable
settlement, submit
to ADR, enter into
stipulations of facts
By MOTION
and of document
If the motion is not filed, is the case
Failure of counsel of Failure of plaintiff to
dismissed for failure to prosecute?
accused or appear, dismissal of
- Techinically, yes, but ff R1 S6 prosecutor to the case with
(liberal construction, appear, and without prejudice, unless
acceptable excuse otherwise ordered
o It is not dismissed for lack of by the court
cooperation, court
Hence, if plaintiff failed to file motion ex may impose proper
parte that the case be set for pre trial, the sanctions or
clerk of court shall issue notice of pre trial Failure of defendant
penalties
conference to appear, plaintiff
to present evidence
ex parte
Presence of private
Pre Trial in Pre Trial in Civil offended party is
Criminal Cases Cases not required (as only
required to appear
Mandatory requirement
at arraignment)
After arraignment, After the last
within 30 days from pleading asserting a
the date the court claim has been Prê trial agreement Signed by parties
acquires jurisdiction served and filed is in writing, signed and counsel (?)
over the accused by accused and
counsel, or else,
Rule 118 Rule 18
cannot be used
No pre trial brief Pre trial brief is against accused
required to be filed
Considerations in Considerations in
and served
pre trial conference: pre trial:
Counsel of accused Parties and counsel
114
commissione
r
Plea Possibility of
bargaining amicable
settlement or
Stipulation of submission Propriety of
facts to alternative rendering
modes of judgment on
dispute the
resolution pleadings,
Marking of
summary
identification
judgment,
of evidence
dismissing
of the parties Simplification the action
of the issues should a
valid ground
Waiver of therefor be
objections to Necessity or found to
admissibility desirability of exist
of evidence amendments
to the
pleadings Advisability
Modification or necessity
of order of of
trial if Possibility of suspending
accused obtaining the
admits the stipulations proceedings
charge but or
interposes a admissions
lawful of facts and Such other
defense of matters as
documents may aid in
to avoid the prompt
Such matters unnecessary disposition of
as will proof the action
promote a
fair and
expeditious Limitation on (simplified)
trial of the the number
criminal and of witnesses Pre Trial In Pre Trial in Civil
civil aspects Criminal
of the case
After arraignment After last pleading
Advisability asserting a claim
of has been served and
preliminary filed
conference
of issues to No pre trial brief With pre trial brief
115
Order of pre trial f. The advisability of a preliminary

signed by accused conference of issues to a
and counsel so commissioner
admissions are
binding
Failure to appear, Failure to appear by g. The propriety of rendering judgment

sanctions against plaintiff, dismissal of on the pleadings or summary
counsel and case with prejudice judgment or of dismissing the
prosecutor action should a valid ground
therefore the found to exist
Failure to appear by
defendant, plaintiff
to present evidence h. The advisability or necessity of
ex parte suspending the pleadings
What are the purposes of pre-trial? i. Such other matters as may aid in
the prompt disposition of the action
(Rule 18 S2)
The court shall consider:

S6- Pre trial brief
a. The possibility of an amicable
settlement or of a submission to The parties shall file with the court and
alternative modes of dispute serve on the adverse party, in such manner
resolution as shall ensure their receipt thereof at least
3 days before the date of the pre trial, their
respective pre trial briefs which shall
contain, among others:
b. The simplification of the issues
a. A statement of their willingness to

c. The necessity or desirability of
enter into amicable settlement or
amendments to the pleadings
alternative modes of dispute
resolution, indicating the desired
terms thereof
d. The possibility of obtaining
stipulations of admissions of facts
and of documents to avoid
b. A summary of stipulated facts and
necessary proof
proposed stipulation of facts
e. The limitation of the number of

c. The issues to be tried or resolved
witnesses
116
2. The non-appearance of a party may

be excused only if a valid cause is
d. The documents or exhibits to be shown therefor or IF A
presented, stating the purpose REPRENTATIVE SHALL APPEAR IN
thereof HIS BEHALF FULLY AUTHORIZED IN
WRITING
e. A manifestation of their having

availed or their intention to avail If party a NATURAL PERSON- representative
themselves of discovery procedures is armed with SPECIAL POWER OF
or referral to commissioners ATTORNEY
If party is a JURIDICAL PERSON

(corporations or partnerships)-
f. The number and names of the
representative is armed with BOARD
witnesses, and the substance of
RESOLUTION (Board resolution is binding
their respective testimonies
upon the entire corporation, because the
Failure to file the pre trial brief shall have Board of Directors [in case of stock
the same effect as failure to appear at the corporations] or the Board of Trustees [in
pre trial. case of non stock corporations] are the
ones who make the decisions of the
corporation through Board Resolution--
note that Board Resolution prevails over
PRE TRIAL BRIEF SPA)
Required to be filed at least 3 days

before the Pre Trial Conference
Ensure na really good, for filing

memoranda Effects of failure to appear at the pre
trial:
(all remedies, may bayad, bawat pleading)
—pagkakitaan Plaintiff fails to appear
R18 S5
Failure to file at pre trial brief = failure to The failure of plaintiff to appear at the pre
appear at pre trial, same effect trial conference when so required shall be
cause for the dismissal of the action. The
dismissal shall be with prejudice, unless
otherwise ordered by the court.
Requisites for appearance at the pre
trial:
(R18 S4) Defendant fails to appear

1. Duty of the parties and their R18 S5
counsel to appear at the pre trial
The failure of defendant to appear at the
pre trial conference shall be cause to allow
117
the plaintiff to present his evidence ex ORDER ALLOWING PLAINTIFF’S

parte and the court to render judgment on PRESENTATION OF EVIDENCE EX
the basis thereof. PARTE
REMEDIES: The order is interlocutory,

hence,
Remedies in case of failure to appear
by plaintiff / defendant: File motion for reconsideration,
based on R65 S4 and R41 S1
Plaintiff fails to appear
- R65 (4)- ..whether such m4r is
required or not..
Plaintiff can file an appeal, unless - R41 (1)- the order allowing ex parte
the dismissal is ruled to be without presentation of evidence is an
prejudice, which in such a case, interlocutory order, hence, no
defendant would be avail of the appeal may be taken from it
remedy of refiling the case or filing
a petition for certiorari under Rule
65
If M4R denied, file petition for certiorari
under Rule 65
Defendant fails to appear - R41 (1)- the order allowing ex parte

presentation of evidence is an
NOTE: Defendant WILL NOT BE DECLARED interlocutory order, no appeal may
IN DEFAULT! Likewise, there is no such be taken from it, hence, aggrieved
thing under the 1997 Rules on Civil party may file the appropriate
Procedure AS IN DEFAULT (sa luma to) special civil action under Rule 65,
which includes certiorari
When defendant fails to appear, 4
SCENARIOS ARE CONTEMPLATED:
- Issuance of order allowing ex parte PRESENTATION OF EVIDENCE EX

presentation of evidence/before PARTE
presentation of evidence
Conducted by Court of CLERK OF COURT
- Order allowing ex parte
presentation of evidence was - Clerk of court, a LAWYER
issued, plaintiff presents ex parte
evidence o Hence, if judge delegated to
clerk of court who is not a
- Before judgment becomes final and lawyer, BAWAL
executory
Can clerk of court charge Commissioner’s
- After judgment becomes final and Fee?
executory
BAWAL accdg sa Manual of Clerk of Court
(ugat ng corruption)
The only time na pwede is when he

is not an employee of a court
118
REMEDIES: - File a motion for new trial (Rule

37)
File a motion for reconsideration + Set
aside the Evidence Ex parte Ground: FAME which ordinary prudence
could not have guarded against and by
- on the ground that the order is reason of which such aggrieved party has
contrary to law [R37]? OR, been impaired in his right
- that, the order allowing ex parte
interlocutory order) After judgment becomes final
and executory
if you fail this, the evidence shall
form part of the records of the case REMEDIES:
– kawawa ka cge
- File Relief from judgment, order,
or other proceedings under Rule
38 or
o GROUND: any proceeding is

If the motion for reconsideration + motion
thereafter taken against the
to set aside is denied, file a petition for
party in any court through
certiorari under Rule 65
FAME
R41 (1)- the order allowing ex parte
interlocutory order, no appeal may - File for annulment of judgment,
be taken from it, hence, aggrieved final order, or resolution under
party may file the appropriate Rule 47 or
special civil action under Rule 65,
which includes certiorari o GROUND: extrinsic fraud
Before judgment becomes final - File petition for certiorari under

and executory Rule 65 or
REMEDIES: o GROUND: GAD amounting to

lack or excess of jurisdiction
- Appeal the judgment (Rule 41) or
on the part of the tribunal
exercising judicial functions,
and there is no appeal nor
- File motion for reconsideration any plain, speedy and
(Rule 37) or adequate remedy in the
ordinary course of law
Ground: that the evidence is insufficient to
justify the decision or final order
- Make a collateral attack on the

judgment
119
Pre Trial Order A proceeding where parties present

evidence and ends in oral argument
- Order issued by the court stating
what transpired during the pre trial With respect to examination of witnesses
conference
Pre trial brief (see above) presented in trial
o Can be amended accordingly
o By filing motion to amend or

correct the pre trial order, All witnesses in pre trial brief to be
within 5 days after receipt of presented
the pre trial order
Before witness is presented, offer of
o NO NEED for counsel to sign testimony, in accordance with purpose in
pre trial brief
the pre trial order
Pre Trial conference- relates to judicial

admissions under Rule 129
1. PROPONENT’S / PLAINTIFF’S
Adverse party admits your TESTIMONIES AND EVIDENCE IN
proposals/stipulations CHIEF as well as that of
witnesses
- Deemed admitted
With respect to Rule 7 (parts of a pleading)
Cause of action admitted by defendant, stating the cause of action in the body of
the pleading
- Rule 18 in relation to Rule 34
Ultimate facts to be proven during the trial
 JUDGMENT ON THE of the case
PLEADINGS
ORDER:
Conclusive on part of admitter, for
purposes of substantial justice Direct Examination
Pre Trial - Transform allegations of the

complaint in the body of the
- May be delegated to clerk of court pleading
who is a lawyer
- Cause of action
After PRE TRIAL,
- Direct testimony
X. TRIAL
- Show sinumpaang salaysay
The best part of law practice
HOW, WHEN, WHERE, WHAT, WHY
CONSIDER violations and exceptions:
Leading Questions
(Rule 30 in relation to Rule 132 S4, 5, 6, 7,
8) - Avoid except in preliminary matters
120
- Propound answers which proponent  TSN is best evidence

desires of what transpired
during trial
NOTE EXCEPTIONS: hostile witnesses,
minors, adverse party, preliminaries • To impleach
testimony of
Is your name Ms X? Leading
witness
Is your age 27? Leading
• To refresh
memory of
the witness
Misleading questions
• Ididiscuss din
to isa isa sa
memorandum
Re Direct Examination
Cross Examination
Re establish what was destroyed
Requires knowledge of:
during the cross examination
- Facts
- Evidence
Re Cross Examination
- Defenses
Destroy what was re established in
Leading questions are allowed the re direct examination
Totoo bang ikaw ay maganda? Leading NOTE: Identify all witnesses
Obtain affirmative answers- GOOD Offer of Offer of Evidence

Testimony
Line of questioning:
Made at the time After termination of
Is it not a fact you are 1 of... YES the witness is presentation of
presented on the evidence of
Executed sometime, etc... YES witness stand prosecution
NOTE: Lead mo papunta sayo
- Test credibility of witness, test

credibility of testimony
Evidence in chief
- Not from the mouth of credible
witness, but from credible Evidence supporting allegations in
testimony the complaint
o WHY? Asa TSN- pag may

mali, ipa correct
After presentation of all witnesses,
121
Offer of evidence If granted but on With prejudice-

appeal order of appeal
dismissal is
reversed, defendant Without prejudice-
Then, refile
is deemed to have
Comment or objection waived the right to
present evidence
- Secondary
Both by way of motion
- Not identical
NOTE: in summary proceedings, no trial, no

Then, demurrer to evidence
Order of admission/Exclusion of In Criminal Cases,

evidence
There is demurrer to evidence in Summary
Admitted; Exh A, Exh B Procedure
Excluded: Exh C, etc - Constitutional Right to Due process
TENDER OF EXCLUDED
EVIDENCE
Demurrer to Demurrer to
Considered by CA in appeal evidence in Civil evidence in
Procedure Criminal
Procedure
After PLAINTIFF RESTS ITS CASE, Rule 33 Rule 119 S23
(defendant may file) DEMURRER No leave of court With or without

TO EVIDENCE (Rule 33) required leave of court
D2E vs M2D (simplified)
D2E M2D If with leave of

court, accused could
Rule 33 Rule 16 present evidence if
demurrer is denied
After plaintiff rests Before filing of
its case responsive pleading
That plaintiff has 10 grounds

If without leave of
shown no right of
court, accused could
relief
not present
If granted, case If granted, case evidence if demurrer
dismissed dismissed, remedy is denied
depends:
If court finds that If court finds that
evidence is prosecution’s
insufficient (plaintiff evidence is
122
has shown no right insufficient, and submits case for

to relief), complaint demurrer granted, decision based on
dismissed as accused is acquitted prosecution’s
demurrer is granted evidence
Judgment of
acquittal not (simplified version)
appealable, hence,
DJ sets in
Judgment of Judgment of D2E Civil D2E Criminal

dismissal is acquittal is not
Rule 33 Rule 119 S23
appealable appealable; DJ sets
in With or without With LoC- if denied,
leave of court accused presents
evidence
If demurrer is
granted but on
appeal, order of If granted, but on
dismissal is appeal is reversed, Without LoC- if
reversed, defendant defendant loses the denied, defendant
is deemed to have right to present cannot present
waived the right to evidence, case evidence
present evidence submitted for
decision
(NO res judicata in

dismissal due to After plaintiff rests its case, no D2E or D2E
demurrer) denied no appeal,
Plaintiff files motion Court may motu 2. DEFENDANT’S EVIDENCE IN

to deny motion due proprio deny motion CHIEF
to demurrer to
evidence
If court denies If court denies Prove allegations in the body of the

demurrer, demurrer, answer (R7 S1)
defendant will
present evidence Order:
With LoC- accused Direct Examination

may present
evidence Cross Examination
Re Direct Examination
W/O LoC- accused Re Cross Examination

can no longer
Formal offer of evidence
present evidence
123
Comment Final consideration and

determination of a court of
Objection competent jurisdiction upon the
matters submitted to it in an action
Offer
or proceeding
Tender of excluded evidence
S1- Rendition of judgments and final
DEFENDANT RESTS ITS CASE orders:
Note: No more D2E- Rule 33- after A judgment or final order determines the
PLAINTIFF rests its case... merits of a case, shall be
- in writing,
3. REBUTTAL EVIDENCE - personally and directly prepared by

the judge,
- stating clearly and distinctly the

Purpose is to rebut defendant’s facts and the law on which it is
evidence in chief based,
Order: (same as previously stated) - must contain a dispositive part,
- signed by him, and
4. SUR REBUTTAL EVIDENCE - filed with the clerk of court
Purpose is to rebut the rebuttal CONSTITUTIONAL BASIS:
Order: (Same as previously stated) A8 S14—(basis for Rule 36)
No decision shall be rendered by any court

without expressing therein clearly and
5. MEMORANDUM distinctly the facts and the law on which it
is based.
No petition for review or motion for

Narration of facts of the case,
reconsideration of a decision of the court
issues, no cause of action, no
shall be refused due course or denied
defenses, but only contain
without starting the legal basis therefor.
discussions
Kinds of Judgments:
After trial,
JUDGMENT UPON A
XI. JUDGMENT (Rule 36)
COMPROMISE
Declares rights/reliefs of parties
124
- Judgment rendered by the court on Judgment by Cognovit actionem

the basis of compromise agreement
entered into by the parties
- Immediately executory upon signing Defendant after service instead of

of compromise agreement in entering a plea, acknowledged and
absence of motion to set aside on confessed that plaintiff’s cause of
the ground of FAME action was just and rightful
- Has effect of res judicata
- Compromise agreement May be Judgment by Confession Relicta

submitted to by parties at any stage Verificatione
of a case, even after F and E, even
without court approval
After pleading and before trial,
(A2028-2046, NCC)
defendant both confesses the
plaintiff’s cause of action and
withdrew or abandoned his plea or
Court could render judgment upon a other allegations, whereupon
compromise, and, in case of breach of any judgment was entered against him
of the conditions, the party may ask the without proceeding to trial
court for execution of judgment.
Remedies to judgment by consent,

JUDGMENT UPON CONFESSION confession, compromise:
File motion to set aside
Judgment rendered by court when a

party expressly agrees to the other
party’s claim or acknowledges If denied, file petition for certiorari
validity of the claim against him under Rule 65 (R41 S1)
JUDGMENT UPON THE MERITS

Judgment upon Judgment by
compromise confession
Provisions and An affirmative and

Judgment that is rendered after
terms are settled voluntary act of
consideration of the evidence
and agreed upon by defendant himself.
submitted by the parties during the
the parties to the The court exercises
trial of the case
action and which is a certain amount of
entered by the supervision over the
consent of the court entry of judgment
CLARIFICATORY JUDGMENT
2 kinds of judgment by confession:
125
Judgment rendered to clarify an otherwise admits the material

ambiguous judgment or one difficult allegations of the adverse party’s
to comply with pleading
JUDGMENT NON PRO TUNC SUMMARY JUDGMENT (R35)
Now for then Judgment rendered by the court if

the pleadings, supporting affidavits,
Judgment intended to enter into the depositions and admissions of
record the acts which had already plaintiff or defendant show that:
been done, but which do not appear
in the records
except as to the amount of

damages, there is no genuine
JUDGMENT SIN PERJUICIO issue as to any material fact
and that the moving party is
entitled to judgment as a
Without prejudice matter of law
Refers to dismissal of a case

without prejudice to its being refiled
SEVERAL JUDGMENT
R36 S4
JUDGMENT BY DEFAULT (R9 S3)
Judgment rendered by the court
where in an action against several
defendants, the court renders
Judgment rendered by the court judgment against one or more of
following an order of default, them, leaving the action to proceed
granting the claiming party the against the others
relief prayed for on the basis of his
evidence presented ex parte by
plaintiff
SEPARATE JUDGMENT
JUDGMENT ON THE PLEADINGS

R36 S5
(R34)
Judgment rendered disposing of a
Judgment rendered by the court upon
claim among several others
motion by plaintiff where the answer of
presented in a case after a
defendant
determination of issues material to
fails to tender an issue or a particular claim and all
counterclaims arising out of the
126
transaction or occurrence which is and the law on the matter, plaintiff

the subject matter of said claim has not shown any right to relief
SPECIAL JUDGMENT
R39 S11 CONDITIONAL JUDGMENT
Judgment requiring performance of

an act other than execution of
judgments for money execution of Judgment wherein effectivity of
judgments for a specific act, such depends upon occurrence or
non occurrence of an event
a certified copy of the judgment
shall be attached to the writ of
execution and shall be served by
FINAL JUDGMENT
the officer upon the party against
whom the same is rendered, or
upon any other person required
thereby, or by law, to obey the Judgment which disposes of the
same, and such party or person can whole subject matter or terminates
be held liable for contempt for the particular proceedings or action,
disobedience of such special leaving nothing to be done by the
judgment court but to enforce in execution
what has been determined
JUDGMENT FOR SPECIFIC ACTS

AMENDED JUDGMENT
R39 S10
Judgment of a court directing a

party to execute a conveyance of Aka clarified judgment; it is an
land or personal property or to entirely new judgment, which
deliver deeds or other documents, supersedes an original judgment
or to perform any other specific act rendered by the court
in connection therewith
SUPPLEMENTAL JUDGMENT
JUDGMENT ON DEMURRER TO
EVIDENCE
R33 Judgment of the court which serves

to bolster or add to the original
judgment rendered by court judgment, and does not take place
dismissing case upon motion of nor extinguish the original judgment
defendant, made after plaintiff
rested his case, on the ground that
upon the facts presented by plaintiff
Conclusiveness of judgment
127
Reopening of Trial (Rule 119)
Res Judicata (note above) Appeal (Rules 40-43, 45)
1. Motion for Reconsideration

(Rule 37)
Stare Decisis
R37 S1
Within the period for taking an appeal, a

motion for reconsideration may move for
reconsideration on the grounds that:
Obiter Dictum
a. Damages awarded are excessive
b. Evidence is insufficient to justify the

decision or final order
Law of the Case
c. That the decision or order is

contrary to law
If after judgment is promulgated, the NOTE: M4R here is directed against

judgment is ambiguous and difficult to judgment or final order, not an
comply, interlocutory order which preceded petition
for certiorari (R41 S1 in relation to R65
MOTION FOR CLARIFICATORY yon)
JUDGMENT
NOTE: Interlocutory orders are non
appealable (AM 7-7-12-SC)
XII. REMEDIES BEFORE Under Summary Procedure, BAWAL ang

JUDGMENT BECOMES FINAL M4R and MNT R37 (General Rule)
AND EXECUTORY:
Exception: If against interlocutory order
Motion for reconsideration (Rule 37)

2. Motion for New Trial (Rule 37)
Motion for New Trial (Rule 37)

- Motion to Rehear a case already
decided by court but before
128
judgment thereon becomes final 30 days- record on appeal (Spec Pro,

and executory, Multiple Appeals- Expropriation, Partition)
filed within the period for taking an Neypes vs CA

appeal, to set aside the judgment or
final order order and grant a new trial Fresh Period to Appeal:
based on the ff grounds materially
affecting substantial rights of a party:
(R37 S1) 15 days from denial of M4R/MNT
1. FAME which ordinary prudence

could not have guarded against and
by reason of which such aggrieved 30 days from denial of M4R/MNT
party has probably been impaired in
his right or
MTC decisions
2. Newly discovered evidence which MTC

M4R
he could not, with reasonable Under
diligence, have discovered and RTC
Rule 37
produced at the trial and which if

Notice
presented would probably alter the / Petition M4R
result Record for Under
on Review CA Rule 52
Appeal under
under Rule 42
R40
3. Reopening of Trial (civil in (from
Petitio
RTC
relation to criminal procedure- decisions n4
R119 S24) in review SC
exercise on
of certior
Reopening of the proceedings to avoid appellate ari
miscarriage of justice jurisdicti under
on)
Civil- for reasons of EQUITY SC

M4R
For criminal cases- for reason of admission Rule
52
of additional evidence
4. APPEAL (Rules 40-43, 45)
- from the judgment, order of denial,

assignment of errors
o FINAL ORDER- decision or

the denial of M4R or MNT
15 days- ordinary appeal
129
Record on or for for Review on

appeal record Review Review Certiorari
on (Appeal
appeal ?)
Of MTC Of RTC Of RTC Of Of CA,

decisions Decision decision quasi Sandiganba
s s judicial yan, CTA,
original appellat bodies RTC
jurisdicti e decisions
on jurisdicti
on
RTC decisions in exercise of original Questions Question Question Questio Questions of

jurisdiction of fact law s of fact s of fact ns of law
or both law or law, or fact law
RTC
both both or both
To RTC To CA To CA To CA To SC
M4R Notice CA General Rule:

Under or
Rule 37 Record
on Finding of fact of CA are final and
appeal M4R conclusive and cannot be reviewed on
under
Rule 41
Under appeal to SC:
Rule 52 SC
EXCEPTIONS:
Petitio
n4 1. When finding is grounded entirely
review
on speculations, surmise,
on
certior conjecture
ari
under
SC
2. When inference is manifestly
M4R
Rule absurd, mistaken, or impossible
52
3. When judgment is premised on a

misrepresentation of facts
Notice/Record on Appeal
In case of Record on Appeal, appellant’s 4. When there is GAD in appreciation

Brief 45 days to file record on appeal of facts
Rule 40 Rule 41 Rule 42 Rule Rule 45 5. When findings of fact are conflicting
43
Memorand Appellan Petition Petition Petition for

6. When CA in making its findings
um of t’s Brief for For Review on went beyond the issues of the case
appeal Review Review Certiorari and the same is contrary to both
Notice or Notice Petition Petition Petition for
130
the admissions of appellants and When a judgment or final order is entered,

appellees or any other proceeding is thereafter taken
against a party in any court through FAME,
he may file a petition in such court and in
the same case praying that the judgment,
7. When findings of fact of CA are at
order, or proceeding be set aside
variance with those of the trial
court, the SC has to review the - OTHER PROCEEDING INCLUDES:
evidence in order to arrive at the
correct findings based on record o Order or writ of execution
o Order dismissing appeal
8. When findings of fact are S2- Petition for relief from denial of appeal
conclusions without citation of
specific evidence on which they are When judgment or final order is rendered
based by court in any case, and a party thereto,
by FAME, has been prevented from taking
an appeal, he may file a petition in such
court and in the same case and praying
9. When facts set forth in the petition that the appeal be given due course.
as well as in the petitioner’s main
and reply briefs are not disputed by
respondents
Filed within 60 days from knowledge of
judgment and within 6 months from entry
of judgment
10. when findings of fact of the CA is
premised on supposed evidence
and is contradicted by evidence on
record - Relate to appeal
o Failure to appeal due to

FAME
11. when certain material facts and
circumstances which have been
overlooked by the trial court which,
if taken into account, would alter 2. Petition for Annulment of
the result of the case in that they judgment (Rule 47)
would entitle accused to acquittal
RTC exclusive original jurisdiction to CA
MTC exclusive original jurisdiction to RTC

REMEDIES AFTER JUDGMENT BECOMES
Ground: extrinsic fraud
FINAL AND EXECUTORY:
1. Petition for relief from

Judgment (Rule 38)
S1- Petition for relief from judgment, Annulment of judgment

orders, other proceedings
131
- Remedy in law independent of the - object is to obtain satisfaction of the

case where the judgment sought to judgment on which the writ is
be annulled was rendered and may issued
be availed of though the judgment
has been executed BY MOTION- 5 years
AFTER 5 years
Important condition: Revival of Judgment- 10 YEARS, by MOTION
- Petitioner failed to move for MNT,

appeal from, file petition for relief
Execution as a matter of right (R39 S1)
against, or take other appropriate
remedies assailing questioned Execution shall issue as a matter of right,
judgment or final order or resolution on motion,
through no fault attributable to him
1. upon judgment or order that
disposes of the action or proceeding
S2- Grounds a. upon expiration of period to

appeal therfrom if no appeal
1. Extrinsic or collateral fraud
has been duly perfected
2. Lack of jurisdiction over subject
NOTE: (rules on motion)
matter and over the person
- ministerial on the part of the court
IF DENIED, mandamus or appeal is the

3. Certiorari under Rule 65
proper remedy
Nature of writ of execution:
R39 S8
4. Collateral Attack
The writ of execution is issued in the name
of RP and shall state:
e. Name of court which granted

the motion
EXECUTION OF JUDGMENT
f. Case number
- Nothing left for the court but to
enforce its decision
g. Dispositive portion of the

judgment or order subject of
Execution the execution
- remedy afforded by law for the

enforcement of a judgment
132
h. Shall require the sheriff or

other proper officer to whom
it is directed to enforce the 3. Issued without authority
writ according to its terms
4. Improvidently issued
5. Defective in substance
Rule: Matter of right on part of winning
party (execution), and court cannot refuse
6. Judgment is already satisfied
Except:
1. When judgment turns out to be

incomplete or conditional 7. Controversy was never submitted to
the court
2. Judgment is novated by parties

Rule: Dispositive portion of decision is the
part that becomes subject of execution
3. Equitable grounds like change in
Except:
situation of the parties which makes
execution inequitable 1. When there is ambiguity in the
dispositive portion
4. Execution is enjoined
2. Where extensive and explicit
discussion and settlement of the
5. Judgment has become dormant issue is found in the body of the
decision
6. Execution is unjust or impossible

S2- Discretionary Execution
Discretionary Execution as a
Execution matter of right
May issue before Period to appeal has
When proper to Quash Writ of Execution: lapse of period to already lapsed, no
appeal, and even appeal is perfected
1. Change in situation of parties during appeal
renders execution inequitable Discretionary upon Ministerial duty of
the court; there is the court provided
inquiry on whether there are no
there is good reason supervening events
2. Issued against the wrong party for execution
133
S2- Discretionary execution 2. Wastage of asset by judgment

debtor
a. Execution of a judgment or a final

order pending appeal
Court may, in its discretion, order an
On motion of the prevailing party with execution before expiration of the time
notice to the adverse party filed in the trial within which to appeal, provided,
court
1. There is motion for execution filed
- while it has jurisdiction over the by winning party
case and
- is in possession of either the

original record or the record on 2. There is notice of said motion to the
appeal, as the case may be,
adverse party
o at the time of the filing of
such motion, said court may,
in its discretion,
3. There are good reasons stated in a
 order execution of a special order after due hearing
judgment or final
order even before the
expiration of the
period to appeal Supersedeas Bond
- Bond filed by petitioner and

approved by court before the
After the trial court has lost jurisdiction, the judgment becomes final and
motion for execution pending appeal may
executor and conditioned upon
be filed in the appellate court.
performance of the judgment
appealed from, in case it be
affirmed wholly or in part
Discretionary execution may only issue
upon good reasons to be stated in a special
order after due hearing.
Remedy in case of execution as matter of
discretion,
b. Execution of several, separate, or
partial judgments - CERTIORARI
A several, separate, or partial judgment o Interlocutory, without

may be executed under the same terms prejudice to the outcome of
and conditions as execution of a judgment appeal
or final order pending appeal.
S4- Judgments not stayed by appeal
(Exception to general rule)

Grounds:
In the following cases:
1. Insolvency of judgment debtor
134
1. Injunction
2. Receivership S6 N/A to:
3. Accounting 1. Judgments for support
4. Support 2. Contempt orders in unauthorized re-

entry on land by ejected defendant
5. Other judgments declared to be
immediately executory unless 3. Issuance of writs of possession and
otherwise ordered by trial court
4. Special proceedings and land
registration cases
S6- Execution by motion or independent

action
S9- Award of judgments of money, how
Modes of enforcement: enforced
1. By motion within 5 years from date 1. Immediate payment on demand

of entry
2. Satisfaction by levy
3. Garnishment of debts and credits

2. By independent action for revival of
judgment after 5 years from entry
and before it is barred by statute of
Levy
limitations which is 10 years from
entry under 1144, NCC - Act by which officer sets apart or
appropriates part of whole property
of judgment debtor for purposes of
Revival of judgment Revival of judgment execution sale
S6 S34
Independent action Carried out through
filing of a motion in
court Garnishment
Assumes there is no Assumes that
execution within judgment is - Act of appropriation by the court
first 5 years executed within first when property of debtor is in the
5 years hands of a third person
Party who files the Party who files such
action is the motion is not the
judgment creditor original judgment
himself, or his creditor but he is Attachment Garnishment
assignee, or his the highest bidder in Refers to corporate Refers to money,
successor in the public auction property in stocks, credits, other
intereest possession of incorporeal property
Filed due to lapse of Filed because judgment debtor which belong to
5 year period movant is deprived judgment debtor but
of property is in the possession
purchased or under control of a
third person
135
judgment obligor and his family,

such as the judgment obligor may
S10- Execution of judgments for specific select, of a value not exceeding
act 100k pesos
1. Conveyance, delivery of deeds,

other specific acts vesting title
6. Provisions for individual or family
2. Sale of real or personal property use sufficient for 4 months
3. Delivery or restitution of real

property
7. Professional libraries and equipment
4. Removal of improvements on of judges, lawyers, physicians,
property subject of execution pharmacists, dentists, engineers,
surveyors, clergymen, teachers,
5. Delivery of personal property
other professionals, not exceeding
300k pesos in value
S13- Property Exempt from Execution:
1. Judgment obligor’s family home as 8. One fishing boat and accessories

provided by law, or the homestead not exceeding total value of 100k
in which he resides, and the land pesos owned by a fisherman and by
necessarily used in connection the lawful use of which he earns his
therewith livelihood
2. Ordinary tools and implements 9. So much of the salaries, wages, or

personally used by him in his trade, earnings of the judgment obligor for
employment, or livelihood his personal services within the 4
months preceding the levy as are
necessary for support of his family
3. 3 horses, 3 cows, 3 carabaos, other

beasts of burden such as judgment
obligor may select necessarily used 10. Lettered gravestones
by him in his ordinary occupation
11. Monies, benefits, privileges,

4. Necessary clothing and articles for annuities accruing or in any manner
ordinary personal use, including growing out of any life insurance
jewelry
12. Right to receive legal support, or

5. Household furniture and utensils money or property obtained as such
necessary for housekeeping, and support, or any pension or gratuity
used for that purpose by the from government
136
Note: Cumulative remedies
13. Persons specially exempted by law
BUT not article or species of articles of Ordinary sale on Sale in judicial

property mentioned in this section shall be execution foreclosure of
exempt from execution issued upon a mortgage
judgment recovered for its price or upon a Need not be Must be confirmed
confirmed by court by court in order to
judgment of foreclosure of a mortgage
divest rights in the
thereon. property of the
parties and to vest
the rights in the
purchaser
S16- Proceedings where property claimed Right of redemption No right of
by third person exists redemption except
when mortgagee is
Remedies of 3rd party claimant: a bank or a banking
institution
1. Summary hearing before court of Title is acquired Title is acquired
competent jurisdiction after expiration of upon confirmation
redemption period and registration of
when final deed of the foreclosure sale
conveyance is
2. Terceria or third party claim filed executed
with sheriff
3. Action for damages on the bond S30- Proof required of redemption

posted by judgment creditors
Redemptioner must produce to officer, or
person from whom he seeks to redeem,
and serve with his notice to the officer:
4. Independent reivindicatory action
1. A copy of the judgment or final
order certified by the clerk of court
wherein the judgment or final order
Terceria
is entered
- A person claiming property levied
upon may execute affidavit of title
or right of possession over the 2. If he redeems upon a mortgage or
property other lien, a memorandum of the
record thereof, certified by RD, or
o Such affidavit must state the
grounds of such right or title
o The affidavit shall be served 3. An original or certified copy of any

upon officer making a levy assignment necessary to establish
and a copy thereof must also his claim, or
be served upon the
judgment oblige
137
4. An affidavit executed by him or his 2. He may cause examination of

agent showing the amount then debtor of the judgment debtor as to
actually due on the lien any debt owed by him or to any
property of the judgment debtor in
his possession
S32- Rents, Earnings, Income of property

pending redemption
3. If after examination, the court finds
Rights of judgment debtor: property of the judgment debtor,
either in his own hands or that of
1. Remain in possession of property
any person, the court may order the
property applied to the satisfaction
of the judgment
2. Cannot be ejected
A party or other person may be compelled,

3. Use the property in the same by order or subpoena, to attend before the
manner it was previously used court or commissioner to testify as
provided by S36 and S37
4. Make necessary repairs to buildings

thereon while he occupies the 4. If court finds the earnings of the
property judgment debtor are more than
sufficient for his family’s needs, it
may order payment in instalments
5. Use it in the ordinary course of

business
5. Court may appoint a receiver for the
property of the judgment debtor not
exempt from execution or forbid a
6. Collect rents, earnings, and income
transfer or disposition or
derived from the property until
interference with such property
expiration of the period of
redemption
6. If court finds that the judgment

debtor has an ascertainable interest
in real property either as
S35- Remedies of judgment creditor in aid mortgagor, mortgagee or otherwise,
of execution and his interest can be ascertained
without controversy, the court may
1. If execution is returned unsatisfied, order the sale of such interest
he may cause examination of
judgment debtor as to his property
and income
7. If the person alleged to have the
property of the judgment debtor or
138
be indebted to him, claims an subject matter, and subject matter

adverse interest in the property or causes of action
denies the debt, the court may First judgment First judgment is
authorize judgment creditor to constitutes absolute conclusive only as to
bar to all matters matters directly
institute an action to recover the
directly adjudged adjudged and
property, forbid is transfer and may and those that actually litigated in
punish disobedience for contempt might have been the first action.
adjudged Second action can
be prosecuted
Has the effect of Has the effect of
preclusion of claims preclusion only to
issues
S47- Effect of judgment or final order
Res judicata
- Bar by former judgment/direct Law of the case

estoppel by judgment
- Refers to the legal conclusions
Conclusiveness of judgment announced on a first appeal,
whether on the general law or the
- Estoppel by verdict, estoppel by
law as applied to the concrete facts,
record, collateral estoppel by
not only prescribe the duty and limit
judgment or preclusion of issues or
the power of the trial court to
rule of auter accion pendent, covers
conduct obedience and conformity
par c
thereto, but they become and
remain the law of the case in all
other steps, whether in the lower
Public Policy Principle court or in the appellate court on a
subsequent appeal
- Inalterability of final and executory
judgment
Decisions of court must be immutable at S48- Effect of foreign judgment or final

some definite period of time orders
Public policy principle
Conclusiveness of judgment - Judgment by a court is enforceable

only within its territorial jurisdiction
- Issues actually and directly resolved
in a former suit cannot again be Effect of foreign judgments
raised in any future case between
the same parties involving a - Provided that the tribunal has
different cause of action jurisdiction
Bar by former Conclusiveness of 1. In case of judgment against a

judgment judgment specific thing,
Identity of parties, Identity of parties
139
a. Judgment is conclusive upon a. In case of a judgment or final order

title to the thing upon a specific thing, the judgment
or final order is conclusive upon the
title to the thing and
2. In case of judgment against a

person,
b. In case of a judgment or final order
a. Judgment is presumptive against a person, the judgment or
evidence of a right as final order is presumptive evidence
between the parties and of a right as between the parties
their successors in interest and their successors in interest by a
by a subsequent title subsequent title
In either case, a judgment or final order

may be repelled by evidence of:
2 ways of giving effect to a foreign
judgment: 1. Want of jurisdiction
1. Ordinary action to enforce the 2. Want of notice to a party

foreign judgment may be filed in
court or 3. Collusion
4. Fraud
2. It may be pleaded in an answer or 5. Clear mistake of law or fact

motion to dismiss
In both instances, judgment may be

repelled by evidence of:
1. Want of jurisdiction LAST NOTES ON CIVIL PROCEDURE
2. Want of notice Note latest Rules on ADR (2009) in relation

to Rule 18
3. Collusion
4. Fraud
Effect of foreign judgment:
R39 S8
The effect of a foreign judgment or final

order of a tribunal of a foreign country,
having jurisdiction to render judgment or
final order is as follows:
140
141

Remedial Law Review Notes Under Atty Ferdinand Tan Consolidated Notes in Civil Procedure Notes By: Paul Lemuel E. Chavez

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Remedial Law Review Notes Under Atty Ferdinand Tan Consolidated Notes in Civil Procedure Notes By: Paul Lemuel E. Chavez

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Remedial Law Review Notes under Atty Ferdinand Tan

CONSOLIDATED NOTES in CIVIL PROCEDURE

CIVIL PROCEDURE NOTES

PRELIMINARIES 1. Civil Procedure (Rules 1-71)

Remedial Law 2. Special Proceedings (Rules 72-109)

Branch of law which prescribes the 3. Criminal Procedure (R110-R127)

Remedial Law vs Substantive Law What are the sources of Remedial

Makes vested rights Has no vested rights 6. New Civil Code

Cannot be enacted SC is expressly 9. Special Laws and amendments

Differentiate: Civil Actions, Special

Special Criminal Civil

A remedy The State A party apply

What are those other Courts as may o Certiorari

A3 S9—(Basis of Rule 67) A7 S18

5. all cases in which only an error or

a. treaty, A8 S5 P5 (basis of Rules of Court)

b. international or executive The SC shall have the power to

c. law 1. Protection and enforcement of

f. order 3. Admission to practice of law

g. instruction 4. Integrated Bar

h. ordinance 5. Legal assistance to the

1. Provide simplified and inexpensive

a. tax 2. Shall be uniform for all courts of the

d. toll Rules of procedure of special court and

A3 S16 Rule 30 Rule 36

All persons shall have the right to speedy

May be changed by Cannot be subject of

It extends to all controversies which

Special or Limited Jurisdiction Power of the court to take judicial

Jurisdiction conferred by law and

It is the power of a tribunal considered with

In civil cases, assumes importance courts shall not take cognizance of

In criminal cases, consideration of

Territorial jurisdictions: (same as Concurrent Jurisdiction)

SC and CA Power conferred upon different

Appeal by Petition for

speedy, or adequate filed with the with the RTC, CA,

2. Other public ministers and consuls

Appellant and Judge, court, quasi 3. Over petitions for:

decree, proclamation, order, R45 S1- a party desiring to appeal by

5. All cases in which only an error or - Certiorari

- Auxiliary writs and processes,

- RTC jurisdiction, first instance, 4. In all actions in admiralty and

2. Rule 42- over RTC decisions in the

3. Rule 43- Exclusive appellate Gross value- assessed value of property of

2. Actions which cannot be quantified (refer to 902-A below)

Subject matter (BP129)

and costs or the value of property in

MTC of the place of decedent’s actual

2. Controversies arising out of

2. exclusive original jurisdiction over

3. Civil cases not higher than 100k- By filing of original complaint in

What if, gumitna? 150k?

Jurisdiction over subject matter

Why the need to discuss jurisdiction? Conferred by law

To know whether subject to Motion to

In Civil Procedure, SC-CA-RTC-MTC

In Criminal Procedure, SC-CA- Jurisdiction over the res

Jurisdiction over plaintiff Action Cause of Right of

Suit filed in Act or Remdial

Reason for Remedy or Personal Action

Formal Remedial - Venue: R4 S2