Civil Procedure Green Notes

TABLE OF CONTENTS i CIVIL PROCEDURE - REMEDIAL LAW
Rule on Lack of Jurisdiction: ............ 11

C.8. Effect of Estoppel on objections to
CIVIL PROCEDURE Jurisdiction ................................... 11
I. General Principles.......... 1 D. Jurisdiction over the Issues ................................................ 12
A. CONCEPT OF REMEDIAL LAW .............. 1 E. Jurisdiction over the Res OR THE PROPERTY IN
Adversarial system .......................... 1 LITIGATION .................................................................................. 12
B. SUBSTANTIVE LAW DISTINGUISHED FROM F. JURISDICTION OVER SMALL CLAIMS A.M. No. 08-9-7-SC
REMEDIAL LAW .................................. 1 ...................................................................................................... 13
C. RULE MAKING POWER OF THE SUPREME When applicable [Sec.2]:................. 13
COURT ........................................... 1 Cases covered .............................. 13
C.1. Limitations .............................. 1 Claims or demands covered [Sec. 4] ... 13
C.2. Power to amend and suspend G. Katarungang Pambarangay A.C. No. 14-93 ..................... 13
procedural rules ............................. 1 H. Revised Rules on Summary Procedure ............................. 14
D. Nature of Philippine Courts ............... 2 I. Totality Rule Under B.P. 129 Sec. 33 (1) ........................... 14
D.1 DEFINITION............................... 2
III. Civil Procedure.......... 15
D.2. Court distinguished from Judge ..... 2
D.3. Classification of Courts: .............. 2 A. Actions .................................................................................... 15
D.4. PRINCIPLE of Judicial Hierarchy ..... 3 A.1 Ordinary Civil Actions, defined ....... 15
D.5 Doctrine of Judicial Stability or Non- A.2 Special Civil Actions, defined ......... 15
inference...................................... 3 A.3Criminal Actions, defined ............... 15
A.4. Civil actions and special proceedings,
II. Jurisdiction............... 4 distinguished .................................. 15
Judicial Power ............................... 4 A.5. Personal & real actions, distinguished
Judicial Review .............................. 4 .................................................. 15
A. Jurisdiction of Courts ............................................................. 4 A.6 Local and Transitory actions .......... 15
Supreme Court ................................. 4 A.7 Actin in rem, defined ................... 15
Court of Appeals ............................... 5 A.8 Action in personam, defined .......... 15
Court of Tax Appeals .......................... 5 A.9 Action quasi in rem, defined .......... 16
Sandiganbayan .................................. 6 A.10 Independent Civil Action, defined
Regional trial Courts ........................... 6 [Rule 111, Sec 3] ............................. 16
Family Courts ................................... 7 B. Cause of Action ..................................................................... 16
Metropolitan Trial Courts/ Municipal Trial B.1. Cause of action, defined .............. 16
Courts ............................................ 7 B.2 Right of Action, defined................ 16
SHARIAH COURTS ............................... 8 B.3. Right & cause of action, distinguished
B. Jurisdiction over the Parties ................................................ 8 .................................................. 16
B.1. How jurisdiction over the plaintiff is B.4. Failure to state cause of action ...... 16
acquired ......................................... 9 B.5. Test of the sufficiency of a cause of
B.2. HOW JURISDICTION OVER THE action .......................................... 16
DEFENDANT IS ACQUIRED ..................... 9 B.6. How to state a cause of action ....... 17
C. Jurisdiction over the Subject Matter .................................. 9 B.7. Splitting a single cause of action .... 17
C.1. Definition .................................. 9 B.8. Joinder & Misjoinder ................... 17
C.2. JURISDICTION VERSUS THE EXERCISE C. Parties to Civil Actions ........................................................ 18
OF JURISDICTION ............................... 9 C.1. Plaintiff, defined ....................... 18
C.3. Error or jurisdiction as distinguished C.2. Defendant, defined .................... 18
from error in judgment ....................... 9 C.3. Who may be parties.................... 18
C.4. How Jurisdiction Over the Subject C.4. Kinds of parties: ........................ 18
Matter Conferred AND DETERMINED:...... 10 Real parties in interest ................... 18
In Criminal Actions, jurisdiction over the Indispensable parties ..................... 18
Subject Matter is determined by: ....... 10 REPRESENTATIVE AS PARTIES ............ 18
C.5. DOCTRINE OF ADHERANCE OF Necessary parties .......................... 18
JURISDICTION ................................. 10 Indigent parties ............................ 18
C.6 Doctrine of Primary Jurisdiction, Alternative defendants ................... 18
defined ........................................ 10 Unwilling co-plaintiff ..................... 19
C.7. Objections to jurisdiction over the C.5. COMPULSORY AND PERMISSIVE JOINDER
subject matter ............................... 11 OF PARTIES .................................... 19
LA SALLIAN COMMISION ON BAR OPERATIONS

TABLE OF CONTENTS ii CIVIL PROCEDURE - REMEDIAL LAW
Compulsory joinder of parties, defined 19 Relief from order of default ............. 26

Permissive joinder of parties, defined . 19 Effect of a Partial Default................ 27
C.6. Misjoinder & non-joinder of parties . 19 Extent of relief ............................ 27
Misjoinder of parties, defined ........... 19 Actions where default are not allowed 27
Non joinder of parties, defined ......... 19 F. Filing And Service Of Pleadings .......................................... 27
C.7 Class Suits, defined ..................... 19 F.1. Payment of docket fees ............... 27
C.8. Suits against entity without Juridical F.2. Filing versus Serving of Pleadings .... 27
Personality .................................... 19 Filing, defined ............................. 27
C.9. Death of a party litigant .............. 20 Service, defined ........................... 28
C.10. Distinction between Real Party in Substitution of counsel ................... 28
Interest and Locus Standi ................... 20 F.3. PERIODS OF FILING PLEADINGS ....... 28
D. Venue ...................................................................................... 20 F.4. MANNER OF FILING ..................... 29
D.1 Venue, defined .......................... 20 1. PERSONAL ............................... 29
D.2. VENUE VERSUS JURISDICTION ........ 20 2. REGISTERED MAIL ....................... 29
D.3. How venue is determined ............. 20 F.5. Modes of service ........................ 29
D.4. Real actions ............................. 21 1. Personal SERVICE ...................... 29
D.5. Personal actions ........................ 21 2. SERVICE By mail ....................... 29
D.6. Actions against non- residents ....... 21 3. SUBSTITUTED SERVICE ................. 29
D.7 When the rules on venue do not apply 4. KINDS OF SERVICE FOR FINAL
.................................................. 21 JUDGMENTS OR ORDERS: ................. 29
D.8. Effects of stipulations on venue ..... 21 5. PRIORITIES IN MODES OF SERVICE AND
E. Pleadings ................................................................................ 21 FILING ....................................... 30
E.1. Pleadings, defined ..................... 21 6. When is it deemed complete ......... 30
E.2. Kinds of pleadings ...................... 21 7. Proof of filing and Proof of Service .. 30
i. Complaint ................................ 21 G. Amendments .......................................................................... 30
ii. Answer ................................... 21 G.1. Amendments As a matter of right (sec
iii. Counterclaim .......................... 22 2, rule 10, roc) ............................... 31
iv. Cross-claims ........................... 22 G.2. With leave of court .................... 31
v. Third (fourth, etc.) party complaints 23 G.3. FORMAL AMENDMENTS (Sec 4, Rule 10,
vi. Complaint-in-intervention............ 23 ROC)............................................ 31
vii. Reply .................................... 23 G.4. AMENDMENT TO CONFORM TO THE
viii. Bringing new parties ................. 23 EVIDENCE ...................................... 31
E.3. Pleadings allowed in small claim cases G.5. Supplemental Pleadings............... 32
and cases covered by the Rules on Summary Supplemental Pleading, defined ........ 32
Procedure ..................................... 23 G.6. Effect of the amendment ............. 32
Small Claim Cases, definition ............ 23 H. SUMMONS .............................................................................. 32
E.4. Parts of a pleading ..................... 23 Summons, defined ........................ 32
i. Caption ................................... 23 H.1. Nature and Purpose .................... 32
ii. Body ...................................... 24 SERVICE IN Relation to actions: ......... 33
iii. Signature AND ADDRESS .............. 24 CONTENTS OF THE SUMMONS (SEC 3,
iv. Verification AND CERTIFICATION RULE 14, ROC.) ............................ 34
AGAINST FORUM SHOPPINg ............... 24 WHO SERVES THE SUMMONS (SEC. 3, RULE
E.5. Allegations in a pleading .............. 25 14, ROC.) ................................... 34
i. Manner of making allegations ......... 25 H.2. Voluntary appearance ................. 34
ii. Pleadings in actionable document ... 25 H.3. MODES OF SERVICE OF SUMMONS .... 34
E.6. Modes of denial: ........................ 25 1. PERSONAL SERVICE ..................... 34
E.7. Effect of failure to PLEAD............. 26 2. Substituted service (Sec 7, rule 14,
i. Failure to plead DEFENSES and roc) .......................................... 34
objections .................................. 26 3. Constructive Service (Summons by
ii. Failure to plead a compulsory publication) ................................ 35
counterclaim and cross-claim ........... 26 SPECIAL CLASSES OF DEFENDANTS ...... 36
E.8. Default ................................... 26 H.4. Extraterritorial service ................ 36
Elements of a valid declaration of default Modes of extraterritorial service ........ 36
............................................... 26 H.5. Upon prisoners and minors ........... 37
Effect of an order of default ............ 26 Service upon prisoner (Sec. 9, Rule 14) 37

TABLE OF CONTENTS iii CIVIL PROCEDURE - REMEDIAL LAW
Service upon minors and incompetents J.4. Dismissal of counterclaim, cross-claim

(Sec. 10, Rule 14) ......................... 37 .................................................. 45
SUMMONS WHEN COMPLAINT IS AMENDED K. PRE-TRIAL .............................................................................. 45
............................................... 37 K.1. Concept, nature and purpose ........ 45
H.6. Proof of service (sEC 18, RULE 14, K.2. Nature and Purpose .................... 45
ROC)............................................ 37 K.3. Notice of pre-trial ...................... 46
Doctrine of substantial compliance ..... 37 K.4. Appearance and Effects of failure to
Proof of service, how it is done ......... 37 appear ......................................... 46
RETURN (SEC. 4, RULE 14, ROC.) ....... 37 Effect of failure to appear at the pre-trial
ALIAS SUMMONS (SEC 5, RULE 14, ROC) 37 ............................................... 46
I. MOTIONS .................................................................................. 37 K.5. Pre-trial brief ........................... 46
I.1. Motions in general ...................... 37 Effect of failure to file pre-trial brief .. 46
Motions, defined ........................... 37 Record of Pre-Trial ........................ 47
Motions and Pleadings, distinguished .. 38 Pre-trial order.............................. 47
Omnibus motion rule, defined ........... 38 K.6. Difference Between Pre-Trial in Civil
Kinds of motions ........................... 38 Procedure and Criminal Procedure ........ 47
Content AND FORM of motions .......... 38 PRELIMINARY CONFERENCE .............. 47
Requisites of motions ..................... 38 Effect of Failure of Plaintiff to Appear: 47
Notice and hearing of motions .......... 38 L. INTERVENTION ........................................................................ 47
OMNIBUS MOTION RULE ................... 39 L.1. REQUISITES: ............................. 47
Pro forma motions ......................... 39 Intervention and Interpleader,
I.2. Motion for bill of particulars .......... 39 distinguished ............................... 48
Motions for Bill of Particulars............ 39 Pleadings in intervention ................. 48
BILL OF PARTICULARS IN CIVIL AND L.2. TIME TO INTERVENE .................... 48
CRIMINAL CASES ............................ 39 L.3. REMEDIES ................................ 48
ACTIONS OF THE COURT .................. 39 M. CALENDAR OF CASES ........................................................... 48
COMPLIANCE WITH THE ORDER [Rule 12, N. SUBPOENA.............................................................................. 48
Sec. 3] ....................................... 40 N.1. Who may issue a subpoena ........... 48
Bill of particulars and Intervention, N.2. Kinds of subpoena...................... 49
distinguished ............................... 40 1. Subpoena duces tecum ................ 49
I.3. Motion to Dismiss ....................... 40 2. Subpoena ad testificandum ........... 49
Motion to dismiss in general ............. 40 N.3. Service ................................... 49
Grounds ..................................... 41 N.4. COMPELLING ATTENDANCE OF WITNESS
RESOLUTION OF MOTION ................. 43 .................................................. 49
REMEDIES of PLAINTIFF WHEN COMPLAINT O. COMPUTATION OF TIME........................................................ 49
IS DISMISSED ................................ 43 P. MODES OF DISCOVERY ......................................................... 50
REMEDIES of DEFENDANT WHEN MOTION P.1. Depositions .............................. 50
IS DENIED.................................... 43 Meaning of Deposition .................... 50
Effects of dismissal of complaint on Two Methods for Taking Deposition .... 50
certain grounds ............................ 43 Kinds of Depositions ....................... 51
Pleading the grounds as affirmative Depositions Before Action OR PENDING
defense ...................................... 43 APPEAL and Depositions Pending ACTION,
BAR BY DISMISSAL .......................... 43 distinguisheD ............................... 51
Motion to Dismiss under Rule 16 and EFFECT OF SUBSTITUTION OF PARTIES
Demurrer to evidence, distinguished ... 44 (Sec. 5, Rule 23) ........................... 52
J. DISMISSAL OF ACTION .......................................................... 44 Persons disqualified from taking
J.1. Upon notice of plaintiff; 2 dismissal depositions ................................. 52
rule ............................................. 44 EFFECT OF TAKING AND USING THE
J.2. Upon motion by plaintiff; effect on DEPOSITION OF A PERSON ................ 52
ExISTING counterclaim (Sec. 2, Rule 17) . 44 ORAL DEPOSITION ......................... 52
EFFECT ON COUNTERCLAIM: ............. 44 DEPOSITION UPON WRITTEN
J.3. DISMISSAL Due to the fault of plaintiff INTERROGATORIES ......................... 53
.................................................. 45 Uses of Depositions (Sec. 4, Rule 23) ... 53
EFFECT OF DISMISSAL UNDER SEC. 3, RULE Scope ........................................ 53
17: ........................................... 45 OBJECTIONS TO ADMISSIBILITY .......... 53

TABLE OF CONTENTS iv CIVIL PROCEDURE - REMEDIAL LAW
TERMINATION OF TAKING OF DEPOSITION Form of judgment ......................... 61

OR LIMIT EXAMINATION ................... 53 Parts of a judgment ....................... 61
EFFECT OF ERRORS AND IRREGULARITIES Where there is conflict between the
IN DEPOSITIONS (Sec. 29, Rule 23)...... 54 Dispositive and the Body ................. 61
P.2. Written interrogatories OF ADVERSE S.3. KINDS OF JUDGMENT ................... 61
PARTIES ........................................ 54 (1) Judgment on Compromise ........... 61
CONSEQUENCE OF FAILURE TO ANSWER 54 (2) Judgment upon Confession (cognitive
Effect of failure to serve written actionem) ................................... 62
interrogatories ............................. 54 (3) Judgment upon the merits ........... 62
P.3. Request for admission ................. 55 (4) Clarificatory Judgment ............... 62
Implied admission of adverse party..... 55 (5) Judgment Nunc Pro Tunc (literally,
FAILURE TO ANSWER REQUEST .......... 55 “now for .................................... 62
Effect of admission ........................ 55 (6) Judgment sin perjuicio ............... 62
Effect of failure to file and serve request (7) Conditional Judgment ................ 62
for admission ............................... 55 (8) Several Judgment ..................... 62
P.4. Production or inspection of things or (9) Separate Judgment ................... 62
documents .................................... 55 (10) Memorandum Decision .............. 62
P.5. Physical or mental examination ..... 56 S.4. JUDGMENT WITHOUT TRIAL ........... 62
P.6. REFUSAL TO COMPLY WITH THE MODES S.5. Judgment on the pleadings ........... 62
OF DISCOVERY ................................ 56 Grounds ..................................... 62
Consequence of refusal to answer ...... 56 Effects ....................................... 62
Q. TRIAL ....................................................................................... 57 When Judgment on the Pleadings not
Hearing, defined ........................... 57 applicable................................... 63
Q.1. Adjournment and postponement .... 57 S.6. Summary judgments ................... 63
Q.2. Requisites to postpone TRIAL ........ 57 When proper ............................... 63
(1) FOR Absence of evidence (Sec. 3, Rule Genuine Issue .............................. 63
30) ........................................... 57 Proper only in an action .................. 63
(2) FOR Illness of party OR COUNSEL (Sec. WHEN THE CASE NOT FULLY
4, Rule 30) .................................. 58 ADJUDICATED .............................. 63
Q.3. Agreed statement of facts ............ 58 Bases of Summary Judgment ............ 63
Q.4. Order of trial ........................... 58 Form of affidavits and supporting papers
REVERSAL OF ORDER ...................... 58 ............................................... 64
Q.5. Consolidation or severance of trial . 58 S.7. Judgment on the Pleadings v. Summary
Consolidation ............................... 58 Judgment ...................................... 64
Severance ................................... 58 S.8. Rendition and final orders ............ 64
Purpose...................................... 58 RENDITION OF JUDGMENT ................ 64
3 ways of consolidating cases: .......... 58 S.9. Entry of judgment ...................... 64
Q.6. Delegation of reception of evidence 59 Rule on Immutability of Judgment...... 65
Q.7. Trial by commissioners ................ 59 S.10. Amended Judgment/ Clarified ...... 65
Reference by consent ..................... 59 T. POST JUDGMENT REMEDIES ................................................. 66
Powers of the commissioners ............ 59 T.1. Motion for new trial or reconsideration
COMMISSIONER’S REPORT ................ 60 .................................................. 66
R. DEMURRER TO EVIDENCE ..................................................... 60 Fraud ........................................ 67
R.1. GROUND ................................. 60 Accident .................................... 67
DEMURRER TO EVIDENCE v. MOTION TO Mistake ...................................... 67
DISMISS ...................................... 60 Excusable negligence ..................... 67
R.2. EFFECT OF DENIAL ..................... 60 Requisites of newly discovered evidence
R.3. EFFECT OF GRANT...................... 61 ............................................... 67
R.4. WAIVER OF RIGHT TO PRESENT Partial New Trial........................... 67
EVIDENCE ...................................... 61 Second MR and NT ......................... 67
R.5. DEMURRER IN CIVIL AND CRIMINAL Fresh period of 15 days ................... 67
CASES .......................................... 61 T.2. APPEALS ................................. 67
S. JUDGMENTS AND FINAL ORDERS ........................................ 61 General principles ......................... 67
S.1. Requisites of a VALID judgment ...... 61 Judgments and final orders subject to
S.2. CONTENTS OF A JUDGMENT........... 61 appeals ...................................... 68

TABLE OF CONTENTS v CIVIL PROCEDURE - REMEDIAL LAW
Matters not appealable ................... 68 FOR EXECUTION .............................. 76

REMEDY AGAINST JUDGMENTS AND Modes of execution of judgment ........ 76
ORDERS WHICH ARE NOT APPEALABLE . 68 JUDGEMENTS NOT STAYED BY APPEAL . 76
Modes of appeal ........................... 69 Grounds for quashing a writ of execution:
Issues to be raised on Appeal ............ 69 ............................................... 76
PERIOD OF APPEAL ........................ 70 U.2. When execution SHALL ISSUE ........ 77
PERFECTION OF APPEAL .................. 70 AS a matter of right ....................... 77
PARTICIPATION OF THE SOLICITOR Discretionary ............................... 77
GENERAL .................................... 71 U.3. How judgment is executed ........... 77
Appeal from judgments or final orders of a. By motion or by independent action 77
the MTC ..................................... 71 b. Contents of writ of execution ....... 77
Contents of Notice of appeal.  ......... 71 3. Execution of judgments for money . 77
Contents of Record on Appeal ........... 71 4. Execution of judgments of specified
Notice of Appeal vs Record on Appeal . 71 acts .......................................... 77
Appeal from judgments or final orders of 5. Execution of special judgments ...... 78
the RTC ..................................... 71 6. Effect of levy on third persons ....... 78
Modes of appeal from cases in the RTC 71 U.4. Properties exempt ..................... 79
Appeal from judgments or final orders of U.5. If property is claimed by third person
the CA ....................................... 72 .................................................. 79
Appeal from judgments or final orders of U.6. Rules on redemption .................. 79
the CTA ..................................... 72 U.7. Examination of judgment obligor when
Review of final judgments or final orders judgment is unsatisfied ..................... 79
of the COA .................................. 72 Limitations on Examination .............. 79
Review of final judgments or final orders U.8. Examination of obligor of judgment
of the COMELEC ............................ 72 obligor ......................................... 79
Review of final judgments or final orders U.9. Effect of judgment or final orders .. 80
of the CSC .................................. 73 U.10. Enforcement and effect of foreign
Review of final judgments or final orders judgments or final orders ................... 80
of the Ombudsman ........................ 73 Effect of Foreign Judgment .............. 80
Review of final judgments or final orders Enforcement of a foreign judgment .... 80
of the NLRC ................................. 73 Ways of enforcing a foreign judgment . 80
Review of final judgments or final orders IV. Provisional Remedies...... 81
of the OP .................................... 73
A. PRELIMINARY ATTACHMENT ............................................... 81
Review of final judgments or final orders
A.1. Grounds for the issuance of writ of
of quasi-judicial agencies ................ 73
attachment (Sec. 1, Rule 57) .............. 81
DISMISSAL, REINSTATEMENT, AND
A.2. Requisites ............................... 82
WITHDRAWAL OF APPEAL................. 73
TYPES of attachment ..................... 82
DUAL FUNCTION OF APPELLATE COURTS
A.3. ISSUANCE AND CONTENTS OF ORDER
............................................... 74
OF ATTACHMENT; AFFIDAVIT AND BOND . 82
THE “HARMLESS ERROR RULE” .......... 74
A.4. Rule on prior or contemporaneous
T.3. Reliefs from judgment, orders and
service of summons .......................... 83
other proceedings ............................ 74
Classes of attachment .................... 83
Grounds for availing of the remedy .... 75
A.5. Manner or attaching (real or personal)
Time to file petition ...................... 75
.................................................. 83
Contents of petition ....................... 75
ATTACHMENT OF SPECIFIC KINDS OF
T.4. Annulment of Judgments or final
PROPERTY................................... 83
orders and resolutions....................... 75
Stages in the manner of the issuance of
Grounds for annulment ................... 75
writ of preliminary attachment ......... 84
Period to file action ....................... 75
A.6. DISCHARGE OF ATTACHMENT AND
Effect of judgment of annulment ....... 75
COUNTER-BOND .............................. 84
T.5. Collateral attack of judgments ...... 76
A.7. Satisfaction of judgment out of
Direct vs. Collateral ....................... 76
property attached ........................... 84
U. EXECUTION, SATISFACTION AND EFFECTS OF JUDGMENT 76
B. PRELIMINARY INJUNCTION .................................................. 84
U.1. DIFFERENCE BETWEEN FINALITY OF
B.1. Definitions and differences ........... 84
JUDGMENT FOR PURPOSES OF APPEAL AND
B.2. Requisites: .............................. 85

TABLE OF CONTENTS vi CIVIL PROCEDURE - REMEDIAL LAW
B.3. Kinds of INJUNCTION .................. 85

B.4. ISSUANCE OF WRIT ..................... 85
B.5. Grounds for issuance of preliminary
injunction ..................................... 86
B.6. Grounds for objection to, or for the
dissolution of injunction or restraining
order ........................................... 86
B.7. TEMPORARY RESTRAINING ORDER ... 86
Procedure ................................... 86
Effectivity of TRO ......................... 86
B.8. In relation to R.A. 8975, ban on
issuance of TRO or writ of injunction in
cases involving government infrastructure
projects........................................ 86
B.9. Rule on prior or contemporaneous
service of summons in relation to
attachment ................................... 87
C. RECEIVERSHIP ....................................................................... 87
C.1. Cases where receivership is appointed
.................................................. 87
C.2. Requisites ............................... 87
C.3. REQUIREMENTS BEFORE ISSUANCE OF
AN ORDER ..................................... 87
Who may grant receivership ............. 87
WHO MAY BE APPOINTED ................. 88
C.4. General powers of a receiver ........ 88
C.5. Two kinds of bonds .................... 88
C.6. Termination ............................. 88
D. REPLEVIN ................................................................................ 88
D.1. When writ may be issued ............. 88
WHO MAY AVAIL............................ 88
D.2. REQUISITES .............................. 88
D.3. Affidavit and bond ..................... 88
The affidavit must show that ............ 88
D.4. Sheriff’s duty ........................... 89
E. SUPPORT PENDENTE LITE ..................................................... 89
Where filed ................................. 89

GENERAL PRINCIPLES 1 REMEDIAL LAW
I. General C.1. LIMITATIONS

Principles (a) The rules shall be simplified and inexpensive for
the speedy disposition of cases;
A. CONCEPT OF REMEDIAL LAW (b) It shall be uniform for the courts of the same
grade;
A significant element of the Philippine judicial
(c) It shall not diminish, increase, or modify
process is its employment of the adversarial system
substantive rights.2
as an indispensable tool in dispute resolution.
The rule-making power of the Court has expanded.
It provides for the rules and methods for the
The Court for the first time, was given the power to
enforcement or protection of a right or redress of a
disapprove rules of procedure of special courts and
wrong.
quasi-judicial bodies. In addition, the 1987
Constitution took away the power of Congress to
ADVERSARIAL SYSTEM repeal, alter or supplement rules concering pleading,
Contending parties present before a court their practice and procedure.3
conflicting versions of an occurrence by shaping both
the facts, issues and evidence to suit their own C.2. POWER TO AMEND AND SUSPEND
perspectives and strategies according with the body
of rules that provide framework for the entire
PROCEDURAL RULES
litigation process. The courts have the power to relax or suspend
technical or procedural rules or to except a case from
B. SUBSTANTIVE LAW DISTINGUISHED FROM their operation when compelling reasons so warrant
or when the purpose of justice so requires.
REMEDIAL LAW
SUBSTANTIVE LAW PROCEDURAL LAW REASONS FOR SUSPENSION:
(a) Special or compelling circumstances;
Creates vested
(b) Merits of the case;
rights (Prospective No vested rights; can be
(c) Cause not entirely attributable to the fault or
in application); waived
cannot be waived
negligence of the party favoured by suspension;
(d) Lack of any showing that the review sought is
SC is empowered to merely frivolous and dilatory;
Cannot be enacted promulgate rules under its (e) Other party will not be unjustly prejudiced4
by the SC rule-making power provided
in the Constitution COMPELLING REASONS
It prescribes the methods of (a) Persuasive and weighty reasons as to relieve a
enforcing those rights and litigant of an injustice commensurate with his
It creates, defines
obligations created by failure to comply with the prescribed procedure.
and regulates rights
substantive law. It provides (Cu-Unjieng v. CA, 479 SCRA 594)
and duties
for a procedural system for (b) Rules are required to be followed except only for
concerning life,
obtaining redress for the the most persuasive of reasons as when
liberty or property
invasion of rights and “transcendental matters” of life, liberty or state
which when violated
violations of duties and security are involved. (Mindanao Savings Loan v.
gives rise to a cause
prescribe rules as to how
of action. De Flores, 469 SCRA 416)
suits are filed, tried and
(c) In many cases, the courts allowed appeals filed
decided by the courts.
out of time where the delay was not due to the
Enacted by the fault or negligence of the appellant and the
Rules promulgated by the SC
Congress appeals were impressed with merit. (Siguenza v.
CA 137 SCRA 570)
(d) The rules on legal standing and ripeness of the
C. RULE MAKING POWER OF THE SUPREME COURT cases for judicial adjudication may be
Rule-making power, defined: The Supreme Court has disregarded because of the grave nature of the
the constitutional power to promulgate rules allegations which tended to cast doubt on the
concerning the protection and enforcement of presumption of constitutionality in favor of the
constitutional rights, pleading, practice and law (Abakada v. Purisima, Aug 14, 2008)
procedure in all courts, the admission to the practice
POWER TO AMEND RULES:
of law, the Integrated Bar, and the legal assistance to
The Supreme Court may promulgate procedural rules
the underprivileged.1
1 3
Phil. Const., Sec. 5 (5), Art. VIII. Echegaray v. Secretary of Justice, 301 SCRA 96.
2 4
Sec. 5(5), Art. VIII, Constitution of the Philippines Sarmiento vs. Zaratan, February 5, 2007

in all courts and it has the sole prerogative to amend, tribunal or body. (Sec 19 [6], Sec. 20, BP 129) (e.g.
repeal or even establish new rules for a more RTC is a court of general jurisdiction)
simplified and inexpensive process, and the speedy
disposition of cases.5 EXCLUSIVE VS. CONCURRENT
(1) Exclusive Courts are those which have
jurisdiction over the Subject Matter to the
D. NATURE OF PHILIPPINE COURTS exclusion of other Courts.
(2) Concurrent Courts are those which have
D.1 DEFINITION jurisdiction over the same subject matter and
Court, defined: It is an organ belonging to the judicial within the same territory, and wherein litigants
department, vested with judicial power, the function may in the first instance resort to either courts
of which is the application of the laws to the indifferently.
controversies brought before it as well as the public
Notes:
administration of justice.
The concurrent jurisdiction among courts of different
ranks is subject to the Doctrine of Hierarchy of
Judge, defined: A Judge is a public officer appointed
Courts. Hence, a petition must first be filed with the
to preside over a court for the purpose of
court of the lowest rank unless there are special
administering the law.
countervailing reasons justifying its filing in the first
instance with a higher court.
D.2. COURT DISTINGUISHED FROM
JUDGE Where there is concurrent jurisdiction, the court first
COURT JUDGE taking cognizance of the case assumes jurisdiction to
Tribunal officially assembeled Simply an officer of the exclusion of others.
under authority of law such tribunal
Being in imagination COURTS OF ORIGINAL JURISDICTION VS.
A physical person APPELLATE
comparable to a corporation
(1) Original Courts where actions or proceedings are
May be considered an office A public officer
filed at the first instance.
(1) A court is an organ of the government with a (2) Appellate when the courts have the power of
personality separate and distinct from the person review the decisions or orders of a lower court.
or judge who sits
(2) The continuity of the court is not affected by the LAW VS. EQUITY
death, resignation, or cessation from service of (1) Court of Law is any judicial or quasi judicial
the judge. tribunal that decides a case according to
promulgated laws.
D.3. CLASSIFICATION OF COURTS: (2) Court of Equity is one which administers justice
CIVIL VS. CRIMINAL according to the general principles of fairness
(a) Civil Courts are those which determine and equity. It adjudicates a controversy
controversies between private persons according to the common precepts of what is
(b) Criminal Courts are those which adjudicate right and just w/out inquiring into the terms of
offenses alleged to have been committed the statute.
against the State.
Probate Courts are those whose basic jurisdiction is
GENERAL VS. SPECIAL to administer justice in matters relating to decedent
(1) General Courts are courts which take cognizance states.
of all cases, civil or criminal, of a particular
nature, or courts whose judgment is conclusive SUPERIOR COURTS VS. INFERIOR COURT
until modififed or reversed on direct attack, and (1) Superior Courts are courts with controlling
who are competent to decide on their own authority over some other court/s, and with
jurisdiction. certain original jurisdiction of its own.
(2) Special Courts are those which can take (2) Inferior Courts are those which are subordinate
cognizance of Special Jurisdiction for a particular to other courts and whose judgments and decrees
purpose, or are clothed with special powers for can be reviewed by the higher tribunals.
the performance of specified duties, beyond
which they have no any kind CONSTITUTIONAL VS. STATUTORY
CONSTITUTIONAL COURT STATUTORY COURT
Note: A Court may be considered “general” if it has Created by the
Created by Law
the competence to exercise jurisdiction over cases Constitution
not falling within the jurisdiction of any court, Cannot be abolished by May be abolished by
5
Neypes v. CA, 469 SCRA 633.

Congress w/out amending repealing the Law perform the functions assigned to it by the
the Constitution which created said fundamental charter. It cannot be burdened with the
court task of dealing with causes in the first instance. Its
original jurisdiction should be exercised only where
e.g. SC (The only absolutely necessary or where serious impotant
e.g. CTA, Family
constitutional court reason exist.
Courts,
created by virtue of Art.
Sandiganbayan
VIII of the Constitution)
D.5 DOCTRINE OF JUDICIAL
STABILITY OR NON-INFERENCE
D.4. PRINCIPLE OF JUDICIAL General Rule: No Court has the authority to interfere
HIERARCHY by injunction with the judgment of another court of
The policy means that a higher court will not coordinate jurisdiction or to pass upon or scrutinize
entertain direct resort to it unless the redress desired and much less declare as unjust a judgment of
cannot be obtained in the appropriate lower courts. another court of equal jurisdiction. (Industrial
Enterprise v. CA, April 1990)
Exception: The Doctrine of Hierarchy of Courts may
be disregarded if warranted by the nature and The doctrine of non-interference is also applicable to
importance of the issues raised in the interest of administrative bodies. (Philippine Sinter Corporation
speedy justice and to avoid future litigations. Hence, v. Cagayan Electric Power and Light Co., Inc., 381
under the doctrine of liberal construction, the SC may SCRA 582)
suspend its own rules (e.g. cases of national interest
and of serious implications) Exception: Such doctrine does not apply where a
third party claimant is involved (Santos v. Bayhon,
Quesada v. Dept. of Justice: The SC is a court of last July 1991)
resort, and must so remain if it is to satisfactorily

JURISDICTION 4 REMEDIAL LAW
II. Jurisdiction A. JURISDICTION OF COURTS
Jurisdiction, defined SUPREME COURT

Power and authority of the courts to hear, try and A. EXCLUSIVE ORIGINAL JURISDICTION IN THE
decide a case. It is also the power to enforce the PETITIONS FOR CERTIORARI, PROHIBITION, AND
determination, as the judgment or decree is the end MANDAMUS AGAINST THE:
for which jurisdiction is exercised, and it is only (1) Court of Appeals
through the judgment and its execution that the (2) COMELEC
power of the courts is made efficacious and its (3) Commission on Audit
jurisdiction complete. (4) Sandiganbayan
(5) Court on Tax Appeals (R.A. No. 9282)
Jurisdiction over the subject matter is a matter of
substantive law because it is conferred by law. It B. CONCURRENT ORIGINAL JURISDICTION WITH
cannot be waived, enlarged, and is not subject to THE COURT OF APPEALS FOR CERTIORARI,
stipulation by the parties. However, jurisdiction over PROHIBITION, AND MANDAMUS AGAINST THE:
the parties, issue and the res are governed by (1) RTC
procedural laws. (2) Sandiganbayan
(3) Shari’ah District Court
JUDICIAL POWER (4) NLRC
(5) Quasi-judicial agencies
The duty of the Courts of Justice to settle actual
controversies involving the legally demandable and Note: Subject to the doctrine of hierarchy of Courts
enforceable rights. It includes the power to
determine grave abuse of discretion amounting to
C. CONCURRENT ORIGINAL JURISDICTION WITH
lack or excess of jurisdiction. (Phil Consti., Art. VIII THE CA AND RTC IN PETITIONS FOR CERTIORARI,
Sec. 3) PROHIBITION AND MANDAMUS AGAINST:
Lower courts and bodies and in petitions for quo
JUDICIAL REVIEW warranto, and writs of habeas corpus, all subject to
the doctrine of hierarchy of courts.
The SC’s power to declare a law, treaty, international
or executive agreement, presidential decree,
proclamation, order, instruction, ordinance or D. CONCURRENT ORIGINAL JURISDICTION WITH
regulation as unconstitutional. THE RTC IN CASES AFFECTING AMBASSADORS,
PUBLIC MINISTERS AND CONSULS.
DUTY OF A COURT TO DETERMINE ITS
JURISDICTION: E. APPELLATE JURISDICTION BY WAY OF PETITION
(1) The Court must first consider the question of FOR REVIEW ON CERTIORARI (APPEAL BY
jurisdiction before anything else. (Court need not CERTIORARI UNDER RULE 45) AGAINST CA,
wait for a motion raised by the parties) SANDIGANBAYAN, RTC ON:
(2) If it finds that: (1) Pure questions of law;
(1) It has Jurisdiction: It must exercise it. (2) Cases involving the constitutionality or validity of
(2) It has no Jurisdiction: Court must dismiss the a law or treaty, international or executive
claim motu proprio. agreement, law, presidential decree,
proclamation, order, instruction, ordinance or
Note: Only Jurisdiction over the Subject Matter is regulation, legality of a tax, impost, assessment,
Conferred by Substantive Law. Jurisdiction over the toll or penalty, jurisdiction of a lower court; and
parties, issue and the res are governed by procedural CTA in its decisions rendered en banc.
laws.
The SC is not a trier of facts which means that passing
REQUISITES FOR VALID EXERCISE OF upon factual issues is not within the province of the
JURISDICTION: Supreme Court. The findings of facts of the CA are not
CRIMINAL ACTION CIVIL ACTION generally reviewable by the SC .
Jurisdiction over the Jursidiction over the
accused parties EXCEPTIONS IN WHICH FACTUAL ISSUES MAY BE
Jurisdiction over the Jurisdiction over the RESOLVED BY SC:
offense subject matter (1) When the findings are grounded entirely on
Jurisdiction over the Jurisdiction over the res speculation, surmises or conjectures;
territory (Venue is Jurisidiction over the (2) When the inference made is manifestly mistaken,
Jurisdiction) issues of the case absurd or impossible;
(3) When there is grave abuse of discretion;
(4) When the judgment is based on misapprehension

of facts; NLRC, and writ of kalikasan;

(5) When the findings of facts are conflicting; (2) With the SC and RTC to issue writs of certiorari,
(6) When in making its findings the CA went beyond prohibition and mandamus against lower courts
the issues of the case, or its findings are contrary and bodies and writs of quo warranto, habeas
to the admissions of both the appellant and the corpus, whether or not in aid of its appellate
appellee; jurisdiction, and writ of continuing mandamus on
(7) When the findings are contrary to the trial court; environmental cases;
(8) When the findings are conclusions without (3) With SC, RTC and Sandiganbayan for petitions for
citation of a specific evidence on which they are writs of amparo and habeas data
based;
(9) When the facts set forth in the petition as well as C. EXCLUSIVE APPELLATE JURISDICTION:
in the petitioner’s main and reply briefs are not (1) By way of ordinary appeal from the RTC and the
disputed by the respondent; Family Courts;
(10) When the findings of fact are premised on the (2) By way of petition for review from the RTC
supposed absence of evidence and contradicted rendered by the RTC in the exercise of its
by the evidence on record; and appellate jurisdiction;
(11) When the Court of Appeals manifestly overlooked (3) By way of petition for review from the decisions,
certain relevant facts not disputed by the resolutions, orders or awards of the CSC and
parties, which, if properly considered, could other bodies mentioned in Rule 43 and of the
justify a different conclusion. Office of the Ombudsman in administrative
disciplinary cases;
CASES WHICH MUST BE HEARD EN BANC: (4) Over decisions of MTCs in cadastral or land
(a) All cases involving the constitutionality of a registration cases pursuant to its delegated
treaty, international or executive jurisdiction; this is because decisions of MTCs in
agreement, or law; these cases are appealable in the same manner
(b) All cases which under the ROC are required as decisions of RTCs.
to be heard en banc;
(c) All cases involving the constitutionality,
application, or operation of presidential
decrees, proclamations, orders, COURT OF TAX APPEALS
instructions, ordinances, and other A. EXCLUSIVE ORIGINAL OR APPELLATE
regulations; JURISDICTION TO REVIEW BY APPEAL:
(d) Cases heard by a division when the required ü Decisions of CIR in cases involving disputed
majority in the division is not obtained; assessments, refunds of internal revenue
(e) Cases involving the modification or reversal taxes, fees or other charges, penalties in
of a doctrine or principle of law laid down relation thereto, or other matters arising
previously by the SC in a decision rendered under the NIRC or other laws administered
en banc or by a division; by BIR;
(f) Cases involving the discipline of judges of ü Inaction by CIR in cases involving disputed
lower courts assessments, refunds of IR taxes, fees or
(g) Contests relating to the election, returns, other charges, penalties in relation thereto,
and qualifications of the President or Vice or other matters arising under the NIRC or
President other laws administered by BIR, where the
NIRC or other applicable law provides a
ANCILLARY JURISDICTION specific period of action, in which case the
(a) Writ of injunction inaction shall be deemed an implied denial;
(b) Attachment ü Decisions, orders or resolutions of the RTCs
(c) Receivership in local taxes originally decided or resolved
(d) Replevin (except Support Pendente Lite) by them in the exercise of their original or
appellate jurisdiction;
ü Decisions of the Commissioner of Customs (1)
in cases involving liability for customs duties,
COURT OF APPEALS fees or other charges, seizure, detention or
A. EXCLUSIVE ORIGINAL JURISDICTION IN release of property affected, fines,
ACTIONS FOR THE ANNULMENT OF THE forfeitures or other penalties in relation
JUDGMENTS OF THE RTC. thereto, or (2) other matters arising under
the Customs law or other laws, part of laws
B. CONCURRENT ORIGINAL JURISDICTION WITH: or special laws administered by BOC;
(1) With SC to issue writs of certiorari, prohibition ü Decisions of the Central Board of Assessment
and mandamus against the RTC, CSC, other quasi- Appeals in the exercise of its appellate
judicial agencies mentioned in Rule 43, and the jurisdiction over cases involving the

assessment and taxation of real property (1) Civil jurisdiction

originally decided by the provincial or city (2) Criminal jurisdiction
board of assessment appeals;
ü Decision of the secretary of Finance on
customs cases elevated to him automatically A. ORIGINAL JURISDICTION IN ALL CASES
for review from decisions of the INVOLVING:
Commissioner of Customs which are adverse (1) Violations of RA 3019 (Anti-Graft and Corrupt
to the government under Sec. 2315 of the Practices Act);
Tariff and Customs Code; (2) Violations of RA 1379 (Anti-Ill-Gotten Wealth
ü Decisions of Secretary of Trade and Industry Act);
in the case of non-agricultural product, (3) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC)
commodity or article, and the Secretary of where one or more of the principal accused are
Agriculture in the case of agricultural occupying the following positions in the
product, commodity or article, involving government, whether in permanent, acting or
dumping duties and counterveiling duties interim capacity at the time of the commission of
under Secs. 301 and 302, respectively, of the the offense:
Tariff and Customs Code, and safeguard (4) Officials of the executive branch occupying the
measures under RA 8800, where either party positions of regional director and higher,
may appeal the decision to impose or not to otherwise classified as Grade 27 and higher, of
impose said duties. the Compensation and Position Classification Act
of 1989 (RA 6758);
B. EXCLUSIVE ORIGINAL JURISDICTION (5) Members of Congress and officials thereof
(1) Over all criminal cases arising from violation of classified as G-27 and up under RA 6758;
the NIRC of the TCC and other laws, part of laws (6) Members of the Judiciary without prejudice to
or special laws administered by the BIR or the the provisions of the Constitution;
BOC where the principal amount of taxes and (7) Chairmen and Members of the Constitutional
fees, exclusive of charges and penalties claimed Commissions without prejudice to the provisions
is less that P1M or where there is no specified of the Constitution;
amount claimed; (8) All other national and local officials classified as
(2) In tax collection cases involving final and Grade 27 and higher under RA 6758.
executory assessments for taxes, fees, charges (9) Other offenses or felonies committed by the
and penalties where the principal amount of public officials and employees mentioned in Sec.
taxes and fees, exclusive of charges and penalties 4(a) of RA 7975 as amended by RA 8249 in relation
claimed is less than P1M tried by the proper MTC, to their office;
MeTC and RTC. (10) Civil and criminal cases filed pursuant to and in
connection with EO Nos. 1, 2, 14-A (Sec. 4, RA
C. EXCLUSIVE APPELLATE JURISDICTION 8249)
a) In criminal offenses
(1) over appeals from the judgment, resolutions or B. CONCURRENT ORIGINAL JURISDICTION WITH
orders of the RTC in tax cases originally decided SC, CA AND RTC FOR PETITIONS FOR WRITS OF
by them in their respective territorial HABEAS DATA AND AMPARO
jurisdiction, and
(2) over petitions for review of the judgments, C. APPELATE JURISDICTION OVER FINAL
resolutions or orders of the RTC in the exercise JUDGMENT, RESOLUTIONS OR ORDERS OF RTC,
of their appellate jurisdiction over tax cases WHETHER OWN ORIGINAL OR THEIR APPELATE
originally decided by the MeTCs, MTCs, and JURISDICTION
MCTCs in their respective jurisdiction;
b) In tax collection cases
(1) over appeals from the judgments, resolutions or REGIONAL TRIAL COURTS
orders of the RTC in tax collection cases originally A. EXCLUSIVE ORIGINAL JURISDICTION:
decided by them in their respective territorial (1) Matters incapable of pecuniary estimation;
jurisdiction; and Examples of actions incapable of pecuniary
(2) over petitions for review of the judgments, estimation are:
resolutions or orders of the RTC in the exercise (1) complaint for expropriation
of their appellate jurisdiction over tax collection (2) action seeking to annul resolution of a GOCC
cases originally decided by the MeTCs, MTCs and (3) action to annul deed of declaration of heirs
MCTCs in their respective jurisdiction. (2) Title to, possession of, or interest in, real
property with assessed value exceeding P20,000
(outside Metro Manila), or exceeds P50,000 in
SANDIGANBAYAN Metro Manila;
TWO KINDS OF JURISDICTION (3) Probate proceedings where the gross value of the

estate exceeds P300,000 outside MM or exceeds individual franchise or right to exist as such
P400,000 in MM; entity;
(4) Admiralty and maritime jurisdiction where the iii. Controversies in the election or
demand or claim exceeds P300,000 (outside MM) appointments of directors, trustees, officers
or where such demand or claim which exceeds or managers of such corporations,
P400,000 in MM; partnerships or associations.
(5) Other actions involving property valued at more iv. Petitions of corporations, partnerships or
than P300,000 outside MM or more than P400,000 associations to be declared in the state of
in MM suspension of payments in cases where the
(6) In all other cases in which the demand, exclusive corporation, partnership or association
of interest, damages and costs of suit and possesses sufficient property to cover all its
attorneys fees. debts but foresees the impossibility of
meeting them when they respectively fall
due or in cases where the corporation,
B. ORIGINAL EXCLUSIVE JURISDICTION OVER partnership or association has no sufficient
CASES NOT FALLING WITHIN THE JURISDICTION assets to cover its liabilities, but is under the
OF ANY COURT, TRIBUNAL, PERSON OR BODY management of a Rehabilitation Receiver or
EXERCISING JUDICIAL OR QUASI-JUDICIAL Management Committee created pursuant to
FUNCTIONS this Decree.
C. CONCURRENT AND ORIGINAL JURISDICTION:

(1) With the Supreme Court in actions affecting FAMILY COURTS
ambassadors, other public ministers and consuls; (1) Petitions for guardianship, custody of children
(2) With the SC and CA in petitions for certiorari, and habeas corpus involving children
prohibition and mandamus against lower courts (2) Petitions for adoption of children and the
and bodies in petitions for quo warranto, habeas revocation thereof
corpus, and writ of continuing mandamus on (3) Complaints for annulment of marriage,
environmental cases; declaration of nullity of marriage and those
(3) With the SC, CA and Sandigabayan in petitions for relating to status and property relations of
writs of habeas data and amparo husband and wife or those living together under
different status and agreements, and petitions
D. APPELLATE JURISDICTION OVER CASES for dissolution of conjugal partnership of gains
DECIDED BY LOWER COURTS IN THEIR (4) Petitions for support and/or acknowledgment
RESPECTIVE TERRITORIAL JURISDICTIONS (5) Petitions for declaration of status of children as
(1) GENERAL JURISDICTION OVER CASES NOT WITHIN abandoned, dependent or neglected children,
THE EXCLUSIVE JURISDICTION OF ANY COURT, petitions for voluntary or involuntary
TRIBUNAL, PERSON OR BODY EXERCISING commitment of children, the suspension,
JURISDICTION OF ANY COURT termination or restoration of parental authority
and other cases cognizable under PD 603, EO 56
(2) RTC ACTING AS SPECIAL COMMERCIAL COURT IN (1986) and other related laws
CASES INVOLVING INTRA-CORPORATE (6) Petition for constitution of Family Home (RA
CONTROVERSIES UNDER THE SECURITIES AND 8369)
REGULATIONS CODE (7) Petition for declaration of status of children as
i. Devices or schemes employed by or any acts, abandoned, dependent or neglected children;
of the board of directors, business (8) Petition for involuntary commitment of a child,
associates, its officers or partnership, or removal of custody against child placement or
amounting to fraud and misrepresentation child caring agency or individual; or commitment
which may be detrimental to the interest of of disabled child. (AM no. 05-11-04)
the public and/or of the stockholder,
partners, members of associations or METROPOLITAN TRIAL COURTS/ MUNICIPAL TRIAL
organizations registered with the
Commission;
COURTS
ii. Controversies arising out of intra-corporate A. EXCLUSIVE ORIGINAL JURISDICTION
or partnership relations, between and among (1) Civil actions and probate proceedings, testate
stockholders, members, or associates; and intestate, including the grant of provisional
between any or all of them and the remedies in proper cases, where the value of the
corporation, partnership or association of personal property, estate, or amount the demand
which they are stockholders, members or does not exceed P200,000 outside MM or does not
associates, respectively; and between such exceed P400,000 in MM, exclusive of interest,
corporation, partnership or association and damages of whatever kind, attorney’s fees,
the state insofar as it concerns their litigation expenses, and costs;

(2) Summary proceedings of forcible entry and legitimacy, paternity and filiation arising under
unlawful detainer, violation of rental law; the Code of Muslim Personal Laws;
(2) All cases involving disposition, distribution and
settlement of the estate of the deceased
FORCIBLE ENTRY UNLAWFUL DETAINER Muslims, probate of wills, issuance of letters of
The possession of the administration or appointment of administrators
The possession of the defendant is lawful from or executors regardless of the nature or the
defendant is unlawful the beginning becomes aggregate value of the property;
from the beginning; illegal by reason of the (3) Petitions for the declaration of absence and
issue is which party expiration or death and for the cancellation or correction of
has prior de facto termination of his right entries in the Muslim Registries mentioned in
possession; to the possession of the Title VI of Book Two of this Code;
property; (4) All actions arising from customary contracts in
which the parties are Muslims, if they have not
The law does not specified which law shall govern their relations;
Plaintiff must first make
require previous and
such demand which is
demand for the (5) All petitions for mandamus, prohibition,
jurisdictional in nature;
defendant to vacate; injunction, certiorari, habeas corpus, and all
other auxiliary writs and processes in aid of its
The plaintiff must
appellate jurisdiction.
prove that he was in
prior physical The plaintiff need not
B. CONCURRENT JURISDICTION
possession of the have been in prior
(1) Petitions by Muslims for the constitution of a
premises until he was physical possession;
family home, change of name and commitment
deprived by the
of an insane person to an asylum;
defendant; and
(2) All other personal and real actions not mentioned
The one year period is in paragraph (d) of the immediately preceding
generally counted The one-year period is topic, wherein the parties involved are Muslims
from the date of counted from the date except those for forcible entry and unlawful
actual entry on the of last demand. detainer, which shall fall under the exclusive
property. original jurisdiction of the Municipal Circuit
Court; and
(3) Title to, or possession of, real property, or any (3) All special civil actions for interpleader or
interest therein where the assessed value of the declaratory relief wherein the parties are
property or interest therein does not exceed Muslims or the property involved belongs
P20,000 outside MM or does not exceed P50,000 exclusively to Muslims.
in MM
(4) Delegated jurisdiction to hear and decide C. APPELATE JURISDICTION
cadastral and land registration cases where there (1) Shari'a District Courts shall have appellate
is no controversy provided the value of the lad to jurisdiction over all cases tried in the Shari'a
be ascertained by the claimant does not exceed Circuit Courts within their territorial jurisdiction.
P100,000 (2) The Shari'a District Court shall decide every case
(5) All cases of inclusion and exclusion of voters in appealed to it on the basis of the evidence and
their respective cities or municipalities records transmitted as well as such memoranda,
(6) According to Sec 1 of BP 22, violation of BP 22 briefs or oral arguments as the parties may
“shall be punished by imprisonment of not less submit.
than thirty days but not more than one (1) year..”
Q: When can MTC handle Habeas corpus? B. JURISDICTION OVER THE PARTIES
A: Yes, in certain cases. Sec. 35 of BP 129 deals with
Special Jurisdiction in certain cases. It states that in The manner by which the court acquires jurisdiction
the absence of all the Regional Trial Judges in a over the parties depends on whether the party is the
province or city, any Metropolitan Trial Judge, plaintiff or the defendant.
Municipal Trial Judge, Municipal Circuit Trial Judge
may hear and decide petitions for a writ of habeas Jurisdiction over the plaintiff is acquired by his filing
corpus or applications for bail in criminal cases in the of the complaint or petition. By doing so, he submits
province or city where the absent RTC judges sit. himself to the jurisdiction of the court.
Jurisdiction over the person of the defendant is

SHARIAH COURTS obtained either by a valid service of summons upon
A. EXCLUSIVE ORIGINAL JURISDICTION him or by his voluntary submission to the court‘s
(1) All cases involving custody, guardianship, authority.

The mode of acquisition of jurisdiction over the C. JURISDICTION OVER THE SUBJECT MATTER
plaintiff and the defendant applies to both ordinary
and special civil actions like mandamus or unlawful C.1. DEFINITION
detainer cases.
It is the power to deal with the general subject
involved in the action, and means not simply
jurisdiction of the particular case then occupying the
B.1. HOW JURISDICTION OVER THE PLAINTIFF IS attention of the court but jurisdiction of the class of
ACQUIRED cases to which the particular case belongs. It is the
Acquired when the action is commenced by the filing power or authority to hear and determine cases to
of the complaint. This presupposes payment of the which the proceeding is question belongs.
docket fees. Payment of docket fees vests a trial
court with jurisdiction over the subject matter or When a complaint is filed in court, the basic questions
nature of the action that ipso facto are to be immediately resolved by the
court on its own:
(1) What is the subject matter of their complaint
B.2. HOW JURISDICTION OVER THE DEFENDANT IS filed before the court?
ACQUIRED (2) Does the court have jurisdiction over the said
subject matter of the complaint before it?
(1) Acquired either by his Voluntary appearance in
court and his submission to its authority; or Answering these questions inevitably requires looking
(2) By service of summons into the applicable laws conferring jurisdiction.
Note: Jurisdiction over the person of the defendant is C.2. JURISDICTION VERSUS THE EXERCISE OF
required only in an action in personam; it is not a
prerequisite in an action in rem and quasi in rem. In JURISDICTION
an action in personam, jurisdiction over the person is Jurisdiction is the power or authority of the court,
necessary for the court to validly try and decide the while the exercise of this power is called the exercise
case, while in a proceeding in rem or quasi in rem, of jurisdiction.
jurisdiction over the person of the defendant is not a
prerequisite to confer jurisdiction on the court, Jurisdiction is not the same as the exercise of
provided the latter has jurisdiction over the res. jurisdiction. As distinguished from the exercise of
jurisdiction, jurisdiction is the authority to decide a
VOLUNTARY APPEARANCE cause, and not the decision rendered therein. Where
General Rule: The defendant‘s voluntary appearance there is jurisdiction over the person and the subject
shall be equivalent to service of summons.(Sec 20, matter, the decision on all other questions arising in
Rule 14, ROC) the case is but an exercise of the jurisdiction. And the
errors which the court may commit in the exercise of
Exception: When the appearance is precisely to jurisdiction are merely errors of judgment which are
object to the jurisdiction of the court over his person, the proper subject of an appeal.7
it is not considered as an appearance in court and
should not be construed as a submission by the
defendant of his person to the jurisdiction of the C.3. ERROR OR JURISDICTION AS DISTINGUISHED
court—this so called the concept of SPECIAL FROM ERROR IN JUDGMENT
APPEARANCE6
Provided the court has jurisdiction, all errors
committed in the exercise therof are merely errors of
judgments and are proper subjects of an appeal.
Error of Jurisdiction Error of Judgment

Where the Courts, Errors committed in the
officer or quasi-judicial exercise of jurisdiction
body acts without or in (Includes: Errors in
excess of jurisdiction procedure or mistakes
in the Court’s Findings)
Renders the Judgment Does not render the
and proceedings void or Court’s decision void.
at least voidable Cannot be collaterally
impeached.
6 7
Lhuillier v. British Airways, G.R. No. 171092 Tolentino v. Leviste, G.R. No. 156118

Does not confer any Judgment is binding on tenancy. There must first be a reception of evidence
Rights: the parties unless and the fact of tenancy should be shown after hearing
reversed or annulled in as the real issue.
Gen Rule: May at a direct proceeding
anytime be collaterally
attacked IN CRIMINAL ACTIONS, JURISDICTION
OVER THE SUBJECT MATTER IS
Exc: Unless the party DETERMINED BY:
raising the issue is
barred by estoppel (a) The allegations of the Complaint or
Reviewable by Reviewable on Appeal Information considering: (a) the nature of
Certiorari (Rule 65) the offense and the penalty attached; (b) the
fact that the offense was committed within
the territiorial jurisdiction of the court.
C.4. HOW JURISDICTION OVER THE SUBJECT (b) In relation to the law prevailing at the time
MATTER CONFERRED AND DETERMINED: of the filing of the criminal complaint or
information (commencement of action) and
It is Confered by Law. It CANNOT be the penalty provided by the law for the
(Substantive Law not conferred by: crime charged at the time of its commission.
Procedural Law)
Such Jurisdiction must Consent, contract,
be invoked by filing the voluntary submission or C.5. DOCTRINE OF ADHERANCE OF JURISDICTION
proper complaint or acquiescence of This doctrine means that once jurisdiction has
petition with the court. parties; attached, it cannot be ousted by subsequent
Administrative policy of happenings or events, although of a character which
any court; would have prevented jurisdiction from attaching in
Court’s unilateral the first instance, and it retains jurisdiction until it
assumption; finally disposes of the case.8
Acquiescence or
erroneous belief by the
court Even the finality of the judgment does not totally
deprive the court of jurisdiction over the case. What
Applicable Law: Jurisdiction is governed by the law the court loses is the power to amend, modify or alter
at the time the action is commenced. the judgment. Even after the judgment has become
final, the court retains jurisdiction to enforce and
In Civil Actions, jurisdiction over the subject matter execute it (Echegaray vs. Secretary of Justice, 301
is determined by: The material allegations of the SCRA 96).
complaint or petition and nature of the principal It is not affected by:
action is controlling. (Not those of incidental or (1) A subsequent valid amendment of the
ancillary claims) information;
(2) A new law vesting jurisdiction over such
Notes: proceedings in another tribunal.
Jurisdiction is acquired by the court regardess of
whether the plaintiff is entitled to his claims. C.6 DOCTRINE OF PRIMARY JURISDICTION, DEFINED
Jurisdicition does not depend on the amount Courts will not resolve a controversy involving a
ultimately substantiated or awarded in the course of question which is within the jurisdiction of an
the trial. It is not determined either by the defenses administrative tribunal, especially where the
or by the evidence in trial. question demands the exercise of sound
administrative discretion requiring the special
Exception: Where the tenancy in ejectment cases is knowledge, experience and services of the
averred by way of defense and is proved to be the real administrative tribunal to determine technical and
issue, the case should be dismissed for lack of intricate matters of fact.
jurisdiction. The case should be properly filed with The objective is to guide a court in determining
the Court of Agrarian Reform now DARAB. (De la Cruz whether it should refrain from exercising its
v. CA, Dec 6, 2006) jurisdiction until after an administrative agency has
determined some question or some aspect of some
Note: The Court does not automatically lose question arising in the proceeding before the court
Jurisdiction by mere allegation of the defense of (Omictin vs. CA, GR 148004, January 22, 2007).
8
Aruego, Jr. v. CA, G.R. No. 112193, March 13, 1996.

the issue of jurisdiction only in cases which the

factual milieu is analogous to that of Tijam.
C.7. OBJECTIONS TO JURISDICTION OVER THE (Riano)
SUBJECT MATTER
In applying the principle of estoppel by laches in
When it appears from the pleadings or evidence on the exceptional case of Sibonghanoy, the Court
record that the court has no jurisdiction over the therein considered the patent and revolting
subject matter, the court shall dismiss the same. inequity and unfairness of having the judgment
(Sec. 1, Rule 9). The court may on its own initiative creditors go up their Calvary once more after
object to an erroneous jurisdiction and may ex mero more or less 15 years. (Tijam)
motu take cognizance of lack of jurisdiction at any
point in the case and has a clearly recognized right to
determine its own jurisdiction. The earliest (2) Estoppel in Pais – where the defendant actively
opportunity of a party to raise the issue of jurisdiction participates in all stages of the proceedings
is in a motion to dismiss filed before the filing or before the trial court and invokes its authority by
serviceof an answer. asking for an affirmative belief.
Heirs of Bertuldo Hinog v. Melicor: A party who

Jurisdiction over the subject matter may be raised at has invoked the jurisdiction of the court over a
any stage of the proceedings, even for the first time particular matter to secure an affirmative relief
on appeal. When the court dismisses the complaint for cannot be permitted to afterwards deny that
lack of jurisdiction over the subject matter, it is same as it would already amount to estoppel.
common reason that the court cannot remand the (455 SCRA 460, 2005)
case to another court with the proper jurisdiction. Its
only power is to dismiss and not to make any other
order. C.8. EFFECT OF ESTOPPEL ON OBJECTIONS TO
JURISDICTION
Under the omnibus motion rule, a motion attacking a The active participation of a party in a case is
pleading like a motion to dismiss shall include all tantamount to recognition of that court‘s jurisdiction
grounds then available and all objections not so and will bar a party from impugning the court‘s
included shall be deemed waived. The defense of lack jurisdiction. Jurisprudence however, did not intend
of jurisdiction over the subject matter is however, a this statement to lay down the general rule.
defense not barred by the failure to invoke the same (Lapanday Agricultural & Development Corp. v.
in a motion to dismiss already filed. Even if a motion Estita, 449 SCRA 240; Mangaiag v. Catubig-Pastoral,
to dismiss was filed and the issue of jurisdiction was 474 SCRA 153). The Sibonghanoy applies only to
not raised therein, a party may, when he files an exceptional circumstances. The general rule remains:
answer, raise the lack of jurisdiction as an affirmative a court‘s lack of jurisdiction may be raised at any
defense because this defense is not barred under the stage of the proceedings even on appeal (Francel
omnibus motion rule. Realty Corp. v. Sycip, 469 SCRA 424; Concepcion v.
Regalado, GR 167988, Feb. 6, 2007).
RULE ON LACK OF JURISDICTION:

The doctrine of estoppels by laches in relation to
General Rule: Lack of Jurisdiction over the Subject objections to jurisdiction first appeared in the
Matter of an action cannot be waived by the parties landmark case of Tijam vs. Sibonghanoy, 23 SCRA 29,
and may be raised at any stage of the proceeding, the where the SC barred a belated objection to
court being authorized to dismiss the case motu jurisdiction that was raised only after an adverse
propio. decision was rendered by the court against the party
raising the issue of jurisdiction and after seeking
Exceptions: affirmative relief from the court and after
(1) Estoppel by Laches – Applies only to exceptional participating in all stages of the proceedings. This
cases such as in the case of Tijam (see below) doctrine is based upon grounds of public policy and is
where 15 years have passed before the appealing principally a question of the inequity or unfairness of
party questioned the court’s jurisdiction. The permitting a right or claim to be enforced or asserted.
objection for lack of jurisdiction has been raised
so belatedly that it gave rise to the presumption The SC frowns upon the undesirable practice of
that the party entitled to assert it had abandoned submitting one‘s case for decision, and then
or declined to assert it. accepting the judgment only if favorable, but
attacking it for lack of jurisdiction if it is not (BPI v.
Note: The ruling in Tijam v. Sibonghanoy (23 ALS Mgt. & Devt. Corp., 427 SCRA 564).
SCRA 29, 1968) is the exception rather than the
rule. Estoppel by laches may be invoked to bar

Note: In Civil Actions, jurisdicition over the res and

D. JURISDICTION OVER THE ISSUES the subject matter is sufficient to vest jurisdicition in
the court even in the absence of jurisdiction over the
It is the power of the court to try and decide issues person of the defendant who does not reside and
raised in the pleadings of the parties. cannot be found in the Philippines
An issue is a disputed point or question to which

EXCLUSIONARY PRINCIPLE, DEFINED
parties to an action have narrowed down their several
Court first taking cognizance shall exercise
allegations and upon which they are desirous of
jurisdiction to the exclusion of all other courts and
obtaining a decision. Where there is no disputed
cannot be divested by subsequent act of interested
point, there is no issue.
parties.
Generally, jurisdiction over the issues is conferred EQUITY JURISDICTION, DEFINED

and determined by the pleadings of the parties. The The power of the Court to resolve issues presented in
pleadings present the issues to be tried and determine a case in accordance with the natural rules of fairness
whether or not the issues are of fact or law. and justice in the absence of a clear, positive law
Jurisdiction over the issues may also be determined governing such issues.
and conferred by stipulation of the parties as when in
the pre-trial, the parties enter into stipulations of APPLICATION OF EQUITY JURISDICTION
facts and documents or enter into agreement Equity seeks to reach and to do complete justice
simplifying the issues of the case. where the courts of law are incompetent to do so
because of the inflexibility of the rules and the lack
It may also be conferred by waiver or failure to object
of power to adapt their judgments to the special
to the presentation of evidence on a matter not raised
circumstance. (Air Manila v. Court of Industrial
in the pleadings. Here the parties try with their
Relations, 83 SCRA 579)
express or implied consent issues not raised by the
pleadings. The issues tried shall be treated in all Equity is not applied when there is a law applicable
respects as if they had been raised in the pleadings. to a given case. It is availed of only in the absence of
law or judicial pronouncements (Velez v. Demetrio,
Issues which are not raised in the pleading and tried
Aug 02)
with the express or implied consent of the parties,
amendment is allowed. (Sec 5, Rule 10)
LAW WHICH GOVERNS JURISDICTION
Jurisdiction being a matter of substantive law, the
E. JURISDICTION OVER THE RES OR THE PROPERTY established rules is that the statute in force at the
IN LITIGATION time of the commencement of the action determines
jurisdiction of the Court (Cang v. CA, 296 SCRA 128)
Jurisdiction over the res refers to the court‘s
jurisdiction over the thing or the property which is the Question of
Question of Law
subject of the action. Jurisdiction over the res may Fact
be acquired by the court by placing the property of When the doubt or difference When doubt or
thing under its custody (custodia legis). arises as to what the law is on difference
Example: attachment or garnishment of property certain set of facts. Must not arises as to
involve an examination of the the truth or
It may also be acquired by the court through statutory probative value of the evidence falsehood of
authority conferring upon it the power to deal with presented by the litigants or any the alleged
the property or thing within the court‘s territorial of them. The resolution of the facts.
jurisdiction. issue must rest solely on what
the law provides on the given set
of circumstances.
Example: suits involving the status of the parties or
suits involving the property in the Philippines of non-
resident defendants. Herrera v. Bollos: Jurisdiction over the Subject Matter
is determined by the allegations of the Complaint at
the time of its filing, irrespective of whether or not
Jurisdiction over the res is acquired by the seizure of
the plaintiff is entitled to recover upon all or some of
the thing under legal process whereby it is brought
the claims asserted therein.
into actual custody of law, or it may result from the
institution of a legal proceeding wherein the power of Oca v. CA: As a general rule, lack of jurisdiction over
the court over the thing is recognized and made the subject matter can be objected to at any
effective (Banco Español Filipino vs. Palanca, 37 Phil. instance, except when the litigant is barred by laches
291). or estoppel by:
(1) Never disputing the Jurisdiction at any stage of

the proceeding notwithstanding several (a) Fault or negligence;

opportunities; (b) Quasi contract; or
(2) Voluntarily submitting to the Jurisdiction by (c) Contract;
tendering responsive pleadings, filing a
counterclaims, attending conferences,
participating in the hearings and appealing the
adverse decision. G. KATARUNGANG PAMBARANGAY A.C. NO. 14-93
General Rule: ALL disputes are subject to Barangay
Mijares v. Ranada: B.P. 129 reveals that the instant conciliation pursuant to the Revised Katarungang
complaint for enforcement of a foreign judgment, Pambarangay Law and prior recourse thereto is a pre-
even if capable of pecuniary estimation, would fail condition before filing a complaint in court or any
under the jurisdiction of the Regional Trial Courts. government offices
Thornton v. Thornton: Family Courts have concurrent
jurisdiction with the CA and SC in petitions for Habeas
Corpus where the Custody of Minors is at issue. EXCEPTION:
BPI v. ALS: The Jurisdiction of the HLURB includes the (1) Where one party is the government, or any
regulation of the real estate industry and actions for subdivision or instrumentality thereof;
(2) Where one party is a public Officer or employee
correcting defects and deficiencies in the
condominium unit. and the dispute relates to the performance of his
official functions;
(3) Where the dispute involves real properties
located in different cities and municipalities,
F. JURISDICTION OVER SMALL CLAIMS A.M. NO. 08- unless the parties thereto agree to submit their
9-7-SC difference to amicable settlement by an
appropriate Lupon;
WHEN APPLICABLE [SEC.2]:
(4) Any complaint by or against corporations,
Actions before the Metropolitan Trial Courts, partnerships or juridical entities, since only
Municipal Trial Courts in Cities, Municipal Trial Courts individuals shall be parties to Barangay
and Municipal Circuit Trial Courts for payment of conciliation proceedings either as complainants
money where the value of the claim does not exceed or respondents [Sec. 1, Rule VI, Katarungang
Two Hundred Thousand Pesos (P200,000.00), Pambarangay Rules];
exclusive of interest and costs. (5) Disputes involving parties who actually reside in
barangays of different cities or municipalities,
except where such barangay units adjoin each
CASES COVERED
other and the parties thereto agree to submit
Purely civil in nature where the claim or relief prayed their differences to amicable settlement by an
for by the plaintiff is solely for payment or appropriate Lupon;
reimbursement of sum of money. (6) Offenses for which the law prescribes a maximum
The civil aspect of criminal actions, either filed penalty of imprisonment exceeding one [1] year
before the institution of the criminal action, or or a fine of over P5,000.00;
reserved upon the filing of the criminal action in court (7) Offenses where there is no private offended
(pursuant to Rule 111 of the Revised Rules of Criminal party;
Procedure) (8) Disputes where urgent legal action is necessary
to prevent injustice from being committed or
further continued, specifically the following:
CLAIMS OR DEMANDS COVERED [SEC. (1) Criminal cases where accused is under police
4] custody or detention [Sec. 412 (b) (1), Revised
Katarungang Pambarangay Law];
The enforcement of a barangay amicable settlement (2) Petitions for habeas corpus by a person illegally
or an arbitration award involving a money claim deprived of his rightful custody over another or a
covered by the Rule. person illegally deprived of or on acting in his
behalf;
For money owed under any of the following: (3) Actions coupled with provisional remedies such as
preliminary injunction, attachment, delivery of
(1) Contract of Lease; personal property and support during the
(2) Contract of Loan; pendency of the action;
(3) Contract of Services; (4) Actions which may be barred by the Statute of
(4) Contract of Sale; or Limitations.
(5) Contract of Mortgage; (9) Any class of disputes which the President may
determine in the interest of justice or upon the
For damages arising from any of the following: recommendation of the Secretary of Justice;

(10) Where the dispute arises from the

Comprehensive Agrarian Reform Law (CARL) DETERMINATION OF APPLICABILITY [SEC 2]
[Secs. 46 & 47, R.A. 6657]; The court shall issue an order declaring whether or
(11) Labor disputes or controversies arising from not the case shall be governed by this Rule. A patently
employer-employee relations [Montoya vs. erroneous determination of the Rule of Summary
Escayo,et al., 171 SCRA 442] Procedure is a ground for disciplinary action.
(12) Actions to annul judgment upon a compromise
which may be filed directly in court [Sanchez vs.
Tupaz, 158 SCRA 459]. Prohibited pleadings under the Rules of Summary
Procedure:
(a) Motion to dismiss the complaint or to quash the
Remedies of a party if the compromise or complaint or information except on the ground of
agreement in the Lupong Tagapamayapa is not lack of jurisdiction over the subject matter, or
followed failure to comply with the barangay conciliation
(a) under Section 417 of the Local Government Code, (b) Motion for a bill of particulars;
such amicable settlement or arbitration award (c) Motion for new trial, or for reconsideration of a
may be enforced by execution by the Barangay judgment, or for opening of trial;
Lupon within six (6) months from the date of (d) Petition for relief from judgment;
settlement; (e) Motion for extension of time to file pleadings,
(b) by filing an action to enforce such settlement in affidavits or any other paper;
the appropriate city or municipal court, if beyond (f) Memoranda;
the six-month period; or (g) Petition for certiorari, mandamus, or prohibition
(c) to consider it rescinded and insist upon his against any interlocutory order issued by
original demand under Art. 2041 of the Civil (h) the court;
Code. (Miguel vs Montanez, 2012) (i) Motion to declare the defendant in default;
(j) Dilatory motions for postponement;
(k) Reply;
H. REVISED RULES ON SUMMARY PROCEDURE (l) Third party complaints;
(m) Interventions.
Actions before the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts
and Municipal Circuit Trial Courts falling under: I. TOTALITY RULE UNDER B.P. 129 SEC. 33 (1)
CIVIL CASES CRIMINAL CASES Where there are several claims or causes of actions
All cases of forcible Violation of Bouncing between the same or different parties, embodied in
entry and unlawful Checks Law (BP 22) the same complaint, the amount of the demand shall
detainer, irrespective Violations of Municipal or
be the totality of the claims in all the claims of action,
of the amount of City Ordinances
irrespective of whether the causes of action arose out
damages or unpaid Violations of Rental Law
rentals sought to be All other criminal cases
of the same or different transactions.
recovered. Where where the penalty
attorney‘s fees are prescribed is imprisonment
awarded, the same not exceeding 6 months,
shall not exceed or fine not exceeding
P20,000; P1,000, or both,
irrespective of other
All other cases where imposable penalties,
the total amount of accessory or otherwise, or
the plaintiff‘s claim of the civil liability arising
does not exceed therefrom, provided, that
P100,000 (outside MM) in offenses involving
or P200,000 (in MM), damage to property
exclusive of interest through criminal
and costs. (except negligence, rule shall
probate proceedings) govern where the
imposable fine does not
exceed P10k.
Note: Rule does not apply to a civil case where the

cause of action or criminal charge is pleaded or
related in the same complaint with another cause of
action or criminal case subject to the ordinary
procedure;

CIVIL PROCEDURE 15 REMEDIAL LAW
III. Civil property plus damages.
Procedure SIGNIFICANCE OF THE DISTINCTION BETWEEN

PERSONAL AND REAL ACTIONS:
A. ACTIONS The distinction between a real and personal action is
ACTION, DEFINED important for the purposes of determining the venue
Action is the legal and formal demand of one’s right of the action.
from another person made and insisted upon in a
court of justice. The determinative operative act, A.6 LOCAL AND TRANSITORY ACTIONS
which converts a claim into an action is its filling with
a court of justice. LOCAL ACTIONS TRANSITORY ACTIONS
A real action is local A personal action is a
An ordinary suit in a court of justice by which one because its venue transitory action because
party prosecutes another for the enforcement or depends upon the its venue depends upon
protection of a right or the prevention or redress of a location of the property the residence of the
involved in litigation. plaintiff or defendant at
wrong.
the option of the plaintiff.
Actions affecting title
Action and suit are synonymous. to or possession of real It may be commenced and
property, or interest tried where the plaintiff or
therein, shall be any of the principal
A.1 ORDINARY CIVIL ACTIONS, DEFINED commenced and tried in plaintiffs reside, or where
A civil action is one by which a party sues another for the proper court which the defendant or any of
has jurisdiction over the the principal defendants
the enforcement or protection of a right, or the
area wherein the real resides, or in the case of
prevention or redress of a wrong. (Sec. 3(a) Rule 1,
property involved or a a non-resident defendant,
ROC) portion thereof is where he may be found, at
situated (Sec. 1, Rule 4, the election of the
ROC). plaintiff (Sec. 2, Rule 4,
A.2 SPECIAL CIVIL ACTIONS, DEFINED ROC)
A special civil action is generally brought or filed for
the same purpose as that of an ordinary civil action One that could be One that could be
but subject to different rules. instituted in one prosecuted in any one of
specific place several place
A.3CRIMINAL ACTIONS, DEFINED

A criminal action is one by which the State prosecutes A.7 ACTIN IN REM, DEFINED
a person for an act or omission punishable by law. A proceeding brought to determine the status of a
(Sec. 3(b), Rule 1, ROC) particular thing itself and which is confined to the
subject-matter in specie, is in rem, the judgment
A.4. CIVIL ACTIONS AND SPECIAL PROCEEDINGS, being intended to determine the state or condition,
and, pro facto, to render the thing what the judgment
DISTINGUISHED declares it to be. Process may be served on the thing
CIVIL ACTION SPECIAL PROCEEDINGS itself and by such service and making proclamation,
The purpose of an The purpose of a special the court is authorized to decide upon it without
action is either to proceeding is to establish a notice to persons, all the world being parties.
protect a right or status, a right or a particular
prevent or redress a fact (Sec. 3, Rule 1, ROC)
wrong. A.8 ACTION IN PERSONAM, DEFINED
A proceeding in personam is a proceeding to enforce
personal rights and obligations brought against the
A.5. PERSONAL & REAL ACTIONS, DISTINGUISHED person and is based on the jurisdiction or the person,
although it may involve his right to, or the exercise of
REAL ACTIONS PERSONAL ACTIONS ownership of, specific property, or seek to compel
An action is real when it All other actions are him to control or dispose of it in accordance to the
affects title to or possession personal actions (Sec mandate of the court.
or real property, or an 2, Rule 4, ROC)
interest therein. (Sec. 1, The purpose of this proceeding is to impose through
Rule 4, ROC) Example: an action
the judgment of a court, some responsibility or
Example: an action to for a declaration of
recover possession of real nullity of marriage.

liability directly upon the person of the defendant9. damages or other appropriate relief.
In an action in personam, no other than the defendant B.2 RIGHT OF ACTION, DEFINED
is sought to be held liable, not the whole world.
Right to commence and prosecute an action and to
obtain relief sought.
A.9 ACTION QUASI IN REM, DEFINED
It is an action wherein an individual is named as ELEMENTS OF RIGHT OF ACTION
defendant and the purpose of the proceeding is to (a) Existence of a cause of action;
subject his interest therein to the obligation or lien (b) Performance of all conditions precedent to
burdening the property10. the bringing of the action; and
(c) The action must be instituted by the proper
In this action, an individual is named as defendant and party.
the purpose of the prceeding is to subject his interest
therein to the obligation or loan burdening the B.3. RIGHT & CAUSE OF ACTION, DISTINGUISHED
property.
RIGHT OF ACTION CAUSE OF ACTION
An action in personam or an in rem action is a Remedial right Formal statement of the
classification of actions according to the object of the belonging to some operative facts that give rise to
action. A personal and real action is a classification person. such remedial right
according to foundation.
A.10 INDEPENDENT CIVIL ACTION, DEFINED [RULE B.4. FAILURE TO STATE CAUSE OF ACTION
111, SEC 3] (a) The mere existence of a cause of action is
not sufficient for a complaint to prosper.
An independent civil action may be brought in the (b) The cause of action must unmistakably be
following cases: stated or alleged in the complaint or that all
ü Violation of Constitutional rights by a public the elements of the cause of action required
officer or employee or a private individual; by substantive law must clearly appear from
ü Defamation, fraud, physical injuries; the mere reading of the complaint.
ü Refusal or failure to render aid or protection by (c) Where there is defect or an insufficiency in
a member of the police force; and the statement of the cause of action, a
ü Quasi -delict complaint may be dismissed not because of
absence or lack of a cause of action but
because the complaint “states no cause of
B. CAUSE OF ACTION action”.
B.1. CAUSE OF ACTION, DEFINED FAILURE TO STATE A CAUSE OF ACTION AND

FAILURE TO ESTABLISH CAUSE OF ACTION,
SEC 2. Cause of Action, RULE 2 DISTINGUISHED
Act or omission by which a party violates the rights FAILURE TO STATE A CAUSE OF LACK OF CAUSE
of another ACTION OF ACTION
It is the reason why the litigation has come about, it The failure to state a cause of Failure to
is the act or omission of the defendant resulting in action does not mean that there establish cause of
the violation of someone’s rights11. is no cause of action. It only action refers to
means that the allegations of the failure to prove
plaintiff are insufficient for the by evidence one’s
ELEMENTS OF CAUSE OF ACTION:
court to know that the rights of stated cause of
(a) A right in favour or the plaintiff by whatever the plaintiff were violated by the action.
means and under whatever law it arises or is defendant.
created;
(b) An obligation on the part of the named
defendant to respect or not to violate such
right; B.5. TEST OF THE SUFFICIENCY OF A CAUSE OF
(c) Act or omission on the part of such defendant
in violation of the right of the plaintiff or
ACTION
constituting breach of the obligation of the The test of sufficiency of a cause of action is whether
defendant to the plaintiff for which the or not admitting the facts alleged, the court could
latter may maintain an action for recovery of render a valid verdict in accordance with the prayer
9 11
Domagas vs. Jensen, 448 SCRA 663 Phil. National Construction Corp. vs. CA, 514 SCRA 569)
10
Asiavest Limited vs. CA, 296 SCRA 539

of the complaint.
Alternative causes of action or defenses may be
In determining the sufficiency of the cause of action, pleaded even if inconsistent with each other. The
the truth or the falsity of the allegations in the purpose of the rule is to allow for complete
complaint are beside the point because the adjudication of any controversy.
allegations in the complaint are hypothetically
admitted. B.7. SPLITTING A SINGLE CAUSE OF ACTION
The complaint must contain a concise statement of Splitting a single cause of action is the act of
the ultimate or essential facts constituting the instituting two or more suits for the same cause of
plaintiff’s cause of action. The focus is on sufficiency, action (Sec. 4, Rule 2, ROC). The pleader divides a
not veracity, of the material allegations.12 single cause of action, claim or demand into two or
more parts, brings a suit for one of such parts with
the intent to reserve the rest for another separate
B.6. HOW TO STATE A CAUSE OF ACTION action.
The pleading asserting the claim or the cause of
action must contain only the ultimate facts on which SPLITTING A CAUSE OF ACTION IS NOT
the party pleading relies for his claim or defense. ALLOWED BY THE ROC.
Evidentiary facts must be omitted.
This is discouraged because it breeds multiplicity of
suits and clogs the dockets of the court. This rule
ULTIMATE FACTS, DEFINED
applies not only to complaints but also to
Ultimate facts refer to the essential facts of the
counterclaims and cross-claims. (Riano)
claim. A fact is essential if it cannot be stricken out
without leaving the statement of the cause of action
A single act may sometimes violate several rights of a
insufficient.
person. Nevertheless, the plaintiff has only one cause
of action regardless of the number of rights violated.
Ultimate facts do not refer to the details of probative
matter or to the particulars of evidence by which the
THREEE TESTS TO ASCERTAIN WHETHER TWO
material elements are to be established.
SUITS RELATE TO SINGLE OR COMMON CAUSE OF
ACTION
CAPACITY TO SUE OR BE SUED
(a) Whether the same evidence would support and
Facts showing the capacity of a party to sue or be sued
sustain both the firstt and second causes action;
must be averred. If a party is suing or sued in a
(b) Whether the defenses in one case may be used to
representative capacity, the same must also be
substantiate the complaint in the other;
averred. If a party is an organized association of
(c) Whether the cause of action in the second case
persons, its legal existence must likewise be averred
existed at the time of the filing of the first
(Sec. 9, Rule 8, ROC).
complaint? (Umale v. Canoga Park Dev’t.
PLEADING FRAUD, MISTAKE, OR CONDITION OF Coproration 654 SCRA 155, 162).
MIND
EFFECT OF SPLITTING A SINGLE CAUSE OF ACTION
When making averments of fraud or mistake, the
If two or more suits are instituted for a single cause
circumstances constituting such fraud or mistake
of action, the filing of one or judgment on the merits
must be stated with particularity. It is not enough that
in one is available as a ground for dismissal of the
the complaint allege that he was defrauded, it must
others.
state with particularity the fraudulent acts of the
adverse party.
The remedy of the defendant is to file a motion to
dismiss.
Malice, intent, knowledge or other conditions of the
mind may be averred generally. These need not be
stated with particularity unlike fraud or mistake.
B.8. JOINDER & MISJOINDER
ALTERNATIVE CAUSES OF ACTION
JOINDER OF CAUSES OF ACTION
A party may set forth two or more statements of a Joinder of causes of action is the assertion of as many
claim or defense, alternatively or hypothetically, causes of action as party may have against another in
either in one cause of action or defense or in separate one pleading alone.
causes of action or defenses.
It recognizes the possibility that the liability of the It is the process of uniting two or more demands or
defendant may be based on either one of the two rights of action in one action.
possible causes of action.
12
Anchor Savings Bank v. Furigay, G.R. No. 191178, March 13, 2013

When there are two or more defendants, or two or (3) The determination of who the real party in
more plaintiffs, the causes of action against the interest is requires going back to the elements of
defendants can only be joined if there is compliance the cause of action.
with the rules on joinder of parties. (4) Every action must be prosecuted and defended in
the name of the real party in interest (Sec.2, Rule
Sec. 6 Rule 3 requires that before there can be a 3, ROC).
proper joinder of parties, the right to relief should
arise out of the same transaction or series of INDISPENSABLE PARTIES
transactions and there exist a common question of
(a) An indispensable party is a real-party-in-interest
law or fact. This requirement does not apply when
there is only one plaintiff and defendant because in without whom no final determination can be had
of an action(Sec.7, Rule 3, ROC).
such case there are no parties to be joined.
(b) Without the presence of this party the judgment
MISJOINDER OF CAUSES OF ACTION of a court cannot attain real finality.
When there is a misjoinder of causes of action, the (c) A party who has such interest in the controversy
erroneously joined cause of action can be severed and that a final adjudication cannot be made in his
proceeded separately upon motion by a party or upon absence.
the court’s own initiative.
REPRESENTATIVE AS PARTIES
Misjoinder of causes of action is not a ground for the (a) Where the action is allowed to be prosecuted and
dismissal of the action (Sec. 6, Rule 2, ROC). defended by a representative or someone acting
in a fiduciary capacity, the beneficiary shall be
included in the title of the case and shall be
C. PARTIES TO CIVIL ACTIONS deemed to be the real property in interest.
(b) A representative may be a trustee of an expert
There are two main categories of parties to a civil trust, a guardian, an executor or administrator,
action namely, the plaintiff and the defendant (Sec.1, or a party authorized by law or these Rules.
Rule 3, ROC) (c) An agent acting in his own name and for the
benefit of an undisclosed principal may sue or be
C.1. PLAINTIFF, DEFINED sued without joining the principal except when
the contract involves things belonging to the
He is the claiming party, he is the one who files the principal
complaint. The term however, does not exclusively
apply to the original plaintiff. It may also apply to the NECESSARY PARTIES
defendant who files a counterclaim, cross-claim, or a
third party complaint. (a) Not indispensable to the action.
(b) A final determination of the case can be had
among the parties already impleaded where a
C.2. DEFENDANT, DEFINED necessary party for some reason is not joined.
He is the defending party. However, if a counterclaim (c) Ought to be joined as a party for a complete
is filed against the original plaintiff, the latter relief to be accorded as to those already parties,
becomes the defendant as with regards the or for a complete determination or settlement of
counterclaim. the claim subject of the action. (Sec.8, Rule 3,
ROC)
C.3. WHO MAY BE PARTIES
INDIGENT PARTIES
(1) Natural persons;
(2) Juridical persons, and (1) A party may be authorized to litigate as an
(3) Entities authorized by law (Sec.1, Rule 3, ROC). indigent if the court is satisfied that the party is
one who has no money or property sufficient and
MINOR AND INCOMPETENT AS PARTY available for food, shelter and basic necessities
A minor and incompetent may sue and be sued but for himself and his family.
with the assistance of his father, mother, guardian, (2) The application and the hearing to litigate as an
or if he has none, a guardian ad litem (Sec. 5, Rule 3) indigent litigant may be made ex parte.
(3) If one is authorized to litigate as indigent, such
authority shall include an exemption from
C.4. KINDS OF PARTIES: payment of docket and other lawful fees and
REAL PARTIES IN INTEREST transcripts of stenographic notes.
(1) The party who stands to be benefited or injured ALTERNATIVE DEFENDANTS
by the judgment in the suit or the party entitled
to the avails of the suit (Sec.2, Rule 3, ROC). Where the plaintiff cannot definitely identify who
(2) He must present substantial interest in the suit. among two or more persons should be impleaded as a

defendant, he may join all of them as defendants in NON JOINDER OF PARTIES AND MISJOINDER OF
alternative. PARTIES, DISTINGUISHED,
NON JOINDER OF MISJOINDER OF PARTIES
UNWILLING CO-PLAINTIFF PARTIES
(1) He is a party who is supposed to be a plaintiff but A party was not A party was pleaded in
whose consent to be joined as a plaintiff cannot impleaded in the action an action but was not
be obtained as when he refuses to be a party to but should be made part supposed to be
the action. of the action. impleaded.
(2) He may be made a defendant and the reason
therefor shall be stated in the complaint. EFFECT OF MISJOINDER OR NON JOINDER OF
PARTIES
Misjoinder and non joinder of parties are not grounds
C.5. COMPULSORY AND PERMISSIVE JOINDER OF to dismiss the action. However, the failure to obey
PARTIES the court order to drop or add a party is a ground for
the dismissal of the complaint (Sec.3, Rule 17, ROC).
COMPULSORY JOINDER OF PARTIES,
DEFINED
C.7 CLASS SUITS, DEFINED
A joinder is compulsory when the one involved is an
It is an action where one or more may sue for the
indispensable party. There must be compulsory
benefit of all if the requisites for said action are
joinder of indispensable parties.
complied with.
PERMISSIVE JOINDER OF PARTIES,
REQUISITES
DEFINED
(1) Subject matter of the controversy must be of
For a permissive joinder of parties to be allowed, common or general interest to many persons;
there must be: (a) right to relief arising out of the (2) Persons are so numerous that is impracticable to
same transaction or series of transaction; and (b) a join all as parties;
question of fact or law common to all plaintiffs or (3) Parties actually before the court are found by the
defendants. court to be sufficiently numerous and
representative as to fully protect the interests of
TRANSACTION, DEFINED all concerned; and
Not only a stipulation or agreement but any event (4) Representatives sue or defend for the benefit of
resulting in wrong, without regard to whether the all.
wrong has been done by violence, neglect or breach (Riano)
of contract.
COMMONALITY OF INTEREST ON THE SUBJECT
SERIES OF TRANSACTIONS, DEFINED MATTER
Transactions connected with the same subject of the (a) A class suit does not require a commonality of
action. interest in the questions involved in the suit.
What is required is a common or general interest
C.6. MISJOINDER & NON-JOINDER OF PARTIES in the subject matter of the litigation.
(b) There is no class suit when the injuries allegedly
MISJOINDER OF PARTIES, DEFINED suffered by the members of the class are
A party is misjoined when he is made a party to the separate and distinct from each other.
action although he should not be impleaded.
C.8. SUITS AGAINST ENTITY WITHOUT JURIDICAL
NON JOINDER OF PARTIES, DEFINED PERSONALITY
There is non joinder of parties when he is supposed to When two or more persons not organized as an entity
be joined but is not impleaded in the action. with juridical personality enter into a transaction,
they may be sued under the name by which they are
generally or commonly known.
In the answer of such defendant, the name and

addresses of the persons composing said entity must
all be revealed13
13
Sec. 15, Rule 3, ROC.

C.9. DEATH OF A PARTY LITIGANT REAL PARTY IN LOCUS STANDI

INTEREST
The death of the client extinguishes the attorney-
It is one wne who sustained injury or will
client relationship and divests a counsel of his stands to be sustain a direct injury as a
authority to represent the client. A dead client has no benefited or injured result of a government
personality and can no longer be represented14. by the judgment in action, or has material
the suit, or the party interest in the issue affected
Whenever a party to a pending action dies, it is the entitled to the acails by the challenged official act.
duty of the counsel of the deceased party to inform of the suit.
the court of such fact within 30 days after such death. The Doctrine of Locus Standi
This duty is mandatory and failure to comply is a The interest must be is significant in cases
ground for disciplinary action (Sec.16, Rule 3, ROC). real, which is a involving questions of
present substantial constitutionality because it is
Purpose: the protection of the right to due process of interest. (Riano) one of the essential requisites
every party to a litiga tion who may be affected by before such questions may be
the intervening death—the deceased litigant is judicially entertained (Riano)
himself or herself protected, as he/she continues to
be properly represented in the suit through his heirs
or the duly appointed legal representative of his D. VENUE
estate.15
D.1 VENUE, DEFINED
EFFECT OF DEATH OF A PARTY LITIGANT
Place or geographical area where an action is to be
Upon the receipt of the notice of death, the court filed and tried. In civil cases, it relates only to the
shall determine whether or not the claim is place of the suit and not to the jurisdiction of the
extinguished by such death. court.
ü If the claim survives
The court shall order the legal representative of Place where the action must be instituted and tried.
the deceased to appear and be substituted for
the deceased within 30 days from notice.
ü If the claim does not survive D.2. VENUE VERSUS JURISDICTION
the action is extinguished. VENUE JURISDICTION
When the opposing party may procure the Geographical area in Power of the Court to
appointment of an executor for the estate of the which a court may hear hear and Decide a case
and determine a case on the merits
deceased:
(place of trial)
(a) When the counsel for the deceased does not
name a legal representative, or Procedural Substantive
(b) There is a representative named but he fails In Civil cases, venue may Granted by Law; hence,
to appear within the specified period. be stipulated by the cannot be stipulated
parties
When there is substitution: May be waived Cannot be waived,
(1) Service of summons is not required to effect EXCEPT for jurisdiction
the substitution. over the person
(2) The purpose of substitution of parties is the Establishes a relation Establishes a relation
protection of the right of every party to due between the plaintiff and between the court and
process, to ensure that the deceased would the defendant the parties and subject
be properly represented in the suit through matter
the duly appointed legal representative.
Deals with convenience Deals with substance
C.10. DISTINCTION BETWEEN REAL PARTY IN Court may not motu Court may motu propio
propio dismiss a case for dismiss a case for lack of
INTEREST AND LOCUS STANDI improper venue, except in jurisdiction
summary procedure.
REAL PARTY IN LOCUS STANDI
INTEREST
In private suits, a In non-private suits, the D.3. HOW VENUE IS DETERMINED
litigant must be a Doctrine of Locus Standi
real party in interest. requires that the one who There is a need to determine if the action is personal
sues, must show, that he has or real to know where the venue of the action will be.
14 15
Lawas vs. CA, 146 SCRA 173 Torres vs. Rodellas, G.R. No. 177836 (2009)

• If it is personam, the venue is transitory hence, in the place agreed upon or merely permissive in that
the venue is the residence of the plaintiff or the the parties may file their suits not only in the place
defendant at the option of the plaintiff. agreed upon but also in the places fixed by the rules.
• If the action is real, the venue is local hence, the
venue is the place where the real property
involved, or any portion there thereof is situated. E. PLEADINGS
E.1. PLEADINGS, DEFINED
D.4. REAL ACTIONS Pleadings are the written statements of the
Actions affecting title to or possession of real respective claims and defenses of the parties
property, or interest therein shall be commenced and submitted to the court for appropriate judgment
tried in the proper court which has jurisdiction over (Sec.1, Rule 6, ROC).
the area wherein the real property involved, or a
portion thereof, is situated. PURPOSE
To appraise the Court of the rival claims in a judicial
D.5. PERSONAL ACTIONS controversy for the trial and decision.
All other actions may be commenced and tried where Define the issues and form the foundation of proof to
the plaintiff or any of the principal plaintiffs resides, be submitted during the trial as well as advise a party
or where the defendant or any of the principal to what his adversary would rely on as a cause of
defendants resides, or in the case of a non-resident action or as defense so that he would be properly
defendant where he may be found, at the election of prepared at the trial to meet the issues raised.
the plaintiff.
E.2. KINDS OF PLEADINGS
D.6. ACTIONS AGAINST NON- RESIDENTS
I. COMPLAINT
NON Personal Real action
RESIDENTS action where the A complaint is a pleading alleging the plaintiff’s cause
IN THE where the property is or causes of action. The names and residences of the
PHILIPPINES plaintiff located plaintiff and defendant must be stated in the
resides complaint.
NON If the case involves:
RESIDENTS (1) The personal status of II. ANSWER
NOT FOUND the plaintiff - in such a An answer is a pleading in which a defending party
IN THE case, the venue is where sets forth his affirmative or negative defenses.
PHILIPPINES the plaintiff resides
(2) When it involves a NEGATIVE DEFENSES
property of the Specific denial of the material fact or facts alleged in
defendant located in the pleading of the claimant essential to his cause or
the Philippines - the causes of action.
venue will be where the
plaintiff resides or the NEGATIVE PREGNANT
place where the A denial pregnant with the admission of substantial
property is located. facts in the pleading responded to which are not
squarely deied. It is in effect an admission of the
averment it is directed to.
D.7 WHEN THE RULES ON VENUE DO NOT APPLY
(1) In those cases where a specific rule or law It arises when:
provides otherwise. There is too literal denial of the allegations of the
(2) Where prties have validly agreed in writing opponent’s pleadings, for in such case it is merely the
before the filing of the action on the form and not the substance that is denied
exclusive venue thereof.
Facts alleged with qualifying or modifying language,
and the words of the allegation as so qualified or
D.8. EFFECTS OF STIPULATIONS ON VENUE
modified are literally denied. In such a case, the
The parties may agree on a specific venue which could qualifying circumstances alone are denied while the
be in a place where neither of them resides. Written fact itself is admitted.
stipulations are either mandatory or permissive. In
interpreting stipulations as to venue, inquiry must be AFFIRMATIVE DEFENSES
made as to whether or not the agreement is Affirmative defense is an allegation of a new matter
restrictive in the sense that the suit may be filed only which, while hypothetically admitting the material

allegations in the pleading of the claimant, would (3) the court has jurisdiction to entertain the claim
nevertheless prevent or bar recovery by way of both as to its amount and nature, except that in
confession and avoidance. an original action before the RTC, the
counterclaim may be considered compulsory
III. COUNTERCLAIM regardless of the amount.16
A counterclaim is any claim which a defending party TESTS UNDER THE CASE OF NAMARCO V. UNITED
may have against an opposing party. FEDERATION OF NAMARCO
(a) Are the issues of fact and law raised by the claim
How raised and counterclaim largely the same?
(a) By including it in the answer; [Rule 11, Sec 8] (b) Would res judicata bar a subsequent suit on
(b) By filing after the Answer; defendant's claim absent the compulsory
(1) A counterclaim may be set up, by leave of counterclaim rule?
court, by amendment before judgment (c) Will substantially the same evidence support or
when: refute plaintiff's claim as well as defendant's
(1) It is not set up due to oversight, inadvertence or counter-claim?
excusable neglect, or when justice requires it. (d) Is there any logical relation between the claim
[Rule 11, Sec 10] and the counter-claim?
(2) A counterclaim, which either matured or was
acquired by a party after serving his An affirmative answer to each of the foregoing
pleading, with permission of the court be set questions suggests that the counterclaim is
up in a supplemental pleading before compulsory.
judgment. [Rule 11 Sec 9]
PERMISSIVE COUNTERCLAIM
COMPULSORY COUNTERCLAIM A counterclaim is permissive if it does not arise out
One which is cognizable by the regular courts of of, nor is necessarily connected with, the subject
justice, arises out of or is necessarily connected with matter of the opposing party’s claim.
the transaction or occurrence constituting the subject
matter of the opposing party’s claim and does not Failure to allege or raise a permissive counterclaim
require for its adjudication the presence of third will not bar it. A proper remedy is file another action.
parties over whom the court cannot acquire
jurisdiction. EFFECT ON THE COUNTERCLAIM WHEN THE
COMPLAINT IS DISMISSED
A compulsory counterclaim is auxiliary to the If a counterclaim has already been pleaded by the
proceeding in the original suit and derives its defendant prior to the service upon him of the
jurisdictional support therefrom. A counterclaim plaintiff‘s motion to dismiss, and the court grants the
presupposes the existence of a claim against the party said motion to dismiss, the dismissal shall be limited
filing the counterclaim. to the complaint.
The filing of a motion to dismiss and the setting up of The dismissal of the complaint, due to the fault of the
a compulsory counterclaim are incompatible plaintiff, is without prejudice to the right of the
remedies. defendant to prosecute his counterclaim in the same
action or in a separate action. This dismissal shall
The ruling on filing fees does not apply to a have the effect of an adjudication upon the merits,
compulsory counterclaim but only to permissive unless otherwise declared by the court. The dismissal
counterclaim because there is no need to pay docket of the main action does not carry with it the dismissal
fees for compulsory counterclaim. of the counterclaim.
Faiilure to raise a cumpolsory counterclaim will deem IV. CROSS-CLAIMS
it barred.
A cross claim is any claim by one party against a co-
Requisites party arising out of the transaction or occurrence that
(1) it arises out of or is necessarily connected with is the subject matter either of the original action or
the transaction or occurrence which is the of a counterclaim therein.
subject matter of the opposing party’s claim;
(2) it does not require for its adjudication the The purpose of a cross-claim is to settle in a single
presence of third parties of whom the court proceeding all the claims of the different parties in
cannot acquire jurisdiction; and the case against each other in order to avoid
16
Metropolitan Bank and Trust vs. CPR Promotions and Marketing, G.R. No. 200567 (2015) 

multiplicity of suits. VII. REPLY

Limitations: A reply is a pleading, the office or function of which
is to deny, or allege facts in denial or avoidance of
(1) Must arise out of the subject matter of
complainant. new matters alleged by way of defense in the answer
and thereby join or make issue as to such new
(2) Can be filed only against a co-party.
(3) Is proper only where the cross claimant stands to matters.
be prejudiced by the filing of the action against
him.
VIII. BRINGING NEW PARTIES
V. THIRD (FOURTH, ETC.) PARTY When the presence of parties other than those to the
COMPLAINTS original action is required for the granting of
complete relief in the determination of a
Claim that a defending party may, with leave of court, counterclaim or cross-claim, the court shall order
file against a person not a party to the action, called them to be brought as defendants, if jurisdiction over
the third (fourth, etc)- party defendant, for them can be obtained. (Rule 7, Sec 12)
contribution, indemnity, subrogation or any other
relief, in respect of his opponent’s claim.
TEST OF PROPRIETY: E.3. PLEADINGS ALLOWED IN SMALL CLAIM CASES

(1) It arises out of the same transaction on which AND CASES COVERED BY THE RULES ON SUMMARY
plaintiff’s claim is based, or the third-party
claim, although arising out of another or PROCEDURE
different contract or transaction, is connected
with the plaintiff’s claim PLEADINGS ARE ALLOWED IN THE FOLLOWING:
(2) The third party defendant would be liable to the UNDER SMALL CLAIMS UNDER RULES ON
plaintiff or to the defendant in whole or in part CASES SUMMARY PROCEDURE
of plaintiff’s claim against the original (1) Statement of (1) Complaint,
defendant, although the third party’s liability claim  (2) Compulsory
arises out of another transaction; and Counterclaim
(2) Response 
(3) The third party defendant may assert defenses (3) Cross-claim
which the third party plaintiff may have against (3) Counterclaim in
the response pleaded in the
the plaintiff’s claim.17 answer
(4) (A.M. No. 08-8-
7-SC) (4) Answers thereto
(5) (Sec. 3[A], II,
VI. COMPLAINT-IN-INTERVENTION Rules on Summary
Intervention is a remedy by which a third party, not Procedure)
originally impleaded in the proceedings, becomes a
litigant therein to enable him, her or it to protect or
preserve a right or interest which may be affected by SMALL CLAIM CASES, DEFINITION
such proceedings.
These are civil claims which are exclusively for the
payment or reimbursement of a sum of money not
Intervening in a case is not a matter of right but of
exceeding P200,000.
sound discretion of the Court.18
Grounds:
(1) Legal interest in any of the ff: E.4. PARTS OF A PLEADING
(1) The matter in litigation
I. CAPTION
(2) The success of any of the parties, or
(3) Interestagainst both parties Contains the ff:
(2) or when he is so situated as to be adversely (1) Name the court
affected by a distribution or disposition of (2) Title of the action, and
property in the custody of the court or an (3) Docket number, if assigned.
officer thereof.19 (Sec. 1, Rule 7, ROC)
Note: The title of the action indicates the name of

the parties.
17
Balbastro v. CA, G.R. No. L-33255
18
Tanjuatco vs. Gaco, jr., AM No. RTJ- 06-2016 (2009) 
19
MCIAA v. Heirs of Miñoza, 641 SCRA 520

thereto and simultaneously filed therewith:

II. BODY
That he has not commenced any action or filed
Sets forth the designation, the allegation of the
any claim involving the same issued in any court,
party’s claims or defences, relief prayed for, and the tribunal or quasi judicial agency and to the best of his
date of the pleading. (Sec. 2, Rule 7, ROC)
knowledge, no such other action or claim is pending
therein;
The pleading shall specify the relief sought, but it may
If there is such other pending action or
add general prayer for such further or other relief as complaint, a complete statement of the present
may be deemed just or equitable.
status thereof; and
If he should thereafter learn that the same or
Every pleading shall be dated.
similar action or claim has been filed or is pending,
he shall report that fact within 5 days therefrom to
III. SIGNATURE AND ADDRESS the court wherein his complaint or initiatory pleading
Every pleading must be signed by the party or counsel has been filed.
representing him, stating in either case his address
which should not be a post office box. (Sec. 3, Rule 7, Failure to comply with the requirements shall not be
ROC) curable by mere amendment of the complaint or
other initiatory pleading but shall be a cause for the
The signature of counsel constitutes a certificate by dismissal of the case without prejudice, unless
him that he has read the pleading; that to the best of otherwise provided, upon motion and after hearing.
his knowledge, information, and belief there is good
ground to support it; and that it is not interposed for FORUM SHOPPING, DEFINED
delay. An act of malpractice committed by a party to the
action by filing multiple suits either successively or
Unsigned pleading produces no legal effect. simultaneously in dfferent courts involving the same
Note: Attorney may be subjected to disciplinary parties, same causes of action and asking for the same
action. relief for the purpose of securing a favorable
judgment.
IV. VERIFICATION AND
CERTIFICATION AGAINST FORUM Test to determine FORUM shopping
(1) There is identity of parties
SHOPPING (2) There is identity of Rights or causes of action and
VERIFICATION relief prayed for
A sworn attestation by the one filing the pleadings (3) Any judgment rendered would amount to res
that he has caused the preparation of the pleadings, judicata
he has read the contents thereof, and that the same
are true and correct based on his personal knowledge Forum shopping exists where the elements of litis
and authentic records. pendentia are present or where a final judgment in
one case will amount to res judicata in the other.
Except as when otherwise specifically required by law
or rule, pleadings need not be under oath, verified or ELEMENTS OF LITIS PENDENTIA:
accompanied by affidavit. (1) Identity of parties or at least such as to
represent the same interest in both actions;
A pleading is verified by an affidavit that the affiant (2) Identity of rights asserted and relief prayed
has read the pleading and that the allegations therein for, the relief founded on the same facts;
are true and correct of his personal knowledge or and
based on authentic records. (3) Identity in the two cases should be such that
the judgment which may be rendered in one
Verification must be by a person having personal would, regardless of which the party is
knowledge of facts alleged in the information. successful, amount to res judicata in the
other20.
The verification by a lawyer is sufficient, it being
presumed that facts by him alleged are true to his Certificate of non forum shopping is mandatory but
knowledge. not jurisdictional.
CERTIFICATION AGAINST FORUM SHOPPING REQUIREMENTS OF A CORPORATION EXECUTING

The plaintiff or principal party shall certify under oath THE VERIFICATION/CERTIFICATION OF NON-FORUM
in the complaint or other initiatory pleading asserting SHOPPING:
claim for relief, or in sworn certification annexed A juridical entity, unlike a natural person, can only
20
Antiporda Jr. vs. Sandiganbayan May 31, 2001

perform physical acts through properly delegated (g) Official documents or acts
individuals. (Riano) [Rule 8, Sec 9]
It may be signed by a specifically authorized lawyer

who has personal knowledge of the facts required to II. PLEADINGS IN ACTIONABLE
be disclosed in such document.21 DOCUMENT
The certificate of non-forum shopping must be ACTIONABLE DOCUMENT
accompanied by a board resolution or a secretary’s the written instrument or upon which the action or
certificate authorizing the person signing the defense is based.
certification.22
Requisites:
(1) The substance of such instrument or document
shall be set forth in the pleading; and
E.5. ALLEGATIONS IN A PLEADING (2) The original or copy thereof shall be attached to
I. MANNER OF MAKING ALLEGATIONS the pleading as an exhibit, which shall be deemed
to be a part of the pleading; or said copy may
Every pleading shall contain in a methodical and with like effect be set forth in the pleading
logical form, a plain, concise and direct statement of
the ultimate facts on which the party pleading relied The rule is not applicable if the document is not the
for his claim or defense, as the case may be, omitting basis of the complaint or defense.23
the statement of mere evidentiary facts.
HOW TO DENY THE GENUINENESS AND DUE
If defense relied on is based on law, the pertinent EXECUTION OF ACTIONABLE DOCUMENTS:
provisions thereof and their applicability to him shall To deny the genuineness and due execution of an
be clearly and concisely stated. instrument means that the defendant must declare
under oath that he did not sign the document or that
ULTIMATE FACTS AND EVIDENTIARY FACTS, is otherwise false or fabricated.
DISTINGUISHED
ULTIMATE FACTS EVIDENTIARY FACTS The denial must be specific.
Essential facts Necessary for the
constituting the determination of the 1. SPECIFIC DENIALS
plaintiff’s cause of ultimate facts; they are Defendant is required to make a specific denial to
action or defense. A the premise upon which make him disclose the matters alleged in the
fact is essential if it conclusions of ultimate complaint which he sincerely intends to disprove in
cannot be stricken out facts are based. Facts the trial.
without leaving the which furnish evidence
statement of the of existence of some Effect of failure to MAKE SPECIFIC DENIALS
cause of action other fact. (a) The genuineness and due execution is deemed
insufficient. admitted.
(b) The document need not be formally offered in
PARTICULAR GENERAL AVERMENT evidence.
AVERMENT
Circumstances (a) Conditions precedent [Rule E.6. MODES OF DENIAL:
showing fraud ir 8, Sec 3] ü Specific Absolute denial – Defendant must
mistake when (b) Capacity to sue or be sued; specify each material allegation of fact the
averred. [Rule (c) Capacity to sure or be sued truth of which he does not admit and
8, Sec 5] in a representative whenever practicable shall set forth the
capacity; [Rule 8, Sec 4] substance of the matters which he will rely
(d) Legal existence of an upon to support the denial.
organization; [Rule 8, Sec ü Partial Absolute Denial – Where a pleader
4] desires to deny only a part or a qualification
(e) Malice/intent/knowledge of an averment, he shall specify so much of
or other condition of the it as is true and material and he shall deny
mind [Rule 8, Sec 5] the remainder.
(f) Judgments of domestic or ü Denial by Disavowal of Knowledge – Where
foreign courts without need the defendant is without knowledge or
to show jurisdiction [Rule information sufficient to form a belief as to
8, Sec 6] the truth of a material averment made in the
21 23
BA Savings Bank vs. Sia, July 27, 2000 Araneta Inc. vs. Lyric Film Exchange, 58 Phil. 736
22
General Milling Corp. vs. NLRC, December 17, 2002

complaint, he shall so state, and this shall precluded from setting it up in a subsequent litigation
have the effect of a denial. on the ground of res judicata. The theory being that
what are barred by prior judgments are not only the
EFFECT OF MAKING SPECIFIC DENIAL matters actually raised and litigated but also such
Material averment in the complaint, other than those matters as could have been raised but were not.
as to the amount of unliquidated damages, shall be
deemed admitted when not specifically denied. A compulsory counterclaim cannot be made the
Allegations of usury in a complaint to recover usurious subject of a separate action but should be asserted in
interest are deemed admitted if not denied under the same suit involving the same transaction or
oath (Sec. 11, Rule 8, ROC). occurrence giving rise to it.
SPECIFIC DENIAL REQUIRES AN OATH IN THE

FOLLOWING CASES: E.8. DEFAULT
(1) Denial of the genuineness and due execution of
STAGES OF DEFAULT
an actionable document; and
(a) Declaration of Order of Default – when defendant
(2) Denial of allegations of usury.
fails to answer within the time specified in the
rules, the court shall upon motion of the plaintiff
WHEN AN OATH IS NOT REQUIRED:
and proof of such failure declare the defendant
(1) When the adverse party does not appear to be a in default.
party to the instrument; or (b) Rendition of Judgment by Default – on the bsdid
(2) When compliance with an order for an inspection of the allegation of the complaint, or after
of the original instrument is refused. (Sec. 8, Rule receiving plaintiff’s evidence, the court shall
8, ROC) render judgment granting him such relief as the
complaint and the facts proven may warrant.
E.7. EFFECT OF FAILURE TO PLEAD
ELEMENTS OF A VALID DECLARATION
I. FAILURE TO PLEAD DEFENSES AND OF DEFAULT
OBJECTIONS
(1) The court must have validly acquired jurisdiction
Defenses and objections not pleaded either in a over the person of the defendant either by
motion to dismiss or in the answer are deemed service of summons or voluntary appearance.
waived. However, when it appears from the pleadings (2) Defendant failed to plead his answer within the
or the evidence on record that the court has no time allowed therefor,
jurisdiction over the subject matter, that there is (3) There must be a motion to declare the defendant
another action pending between the same parties for in default filed by the claiming party with notice
the same cause, or that the action is barred by a prior to the defending party.
judgment or by a statute of limitations, the court
shall dismiss the claim (Sec. 1, Rule 9, ROC). EFFECT OF AN ORDER OF DEFAULT
This is not applicable in Summary Proceedings.
A party in default shall be entitled to notice of
General rule subsequent proceedings but not to take part in the
Defenses and objections not pleaded either in motion trial (Sec. 3 (a), Rule 9, ROC).
to dismiss or in the answer are deemed waived.
(OMNIBUS MOTION RULE) Party in default should receive the following notices:
(a) Motion to declare him in default;
Exceptions (b) Order declaring him in default;
ü The court has no jurisdiction over the subject (c) Subsequent proceedings;
matter; (d) Service of final orders and judgments.
ü Another action is pending between the same
parties for the same cause; or Loss of standing in court is the consequence of an
ü Action is barred by a prior judgment or by statute order of default. He loses his right to present his
of limitations. defense, control the proceedings and examine the
witness. It does not, however, constitute a waiver of
II. FAILURE TO PLEAD A COMPULSORY all his rights except that of being heard and of
COUNTERCLAIM AND CROSS-CLAIM presenting evidence in the trial court. He is not
actually thrown out of court.
A compulsory counterclaim, or a cross-claim, not set
up shall be barred. (Sec. 2, Rule 9, ROC). RELIEF FROM ORDER OF DEFAULT
A compulsory counterclaim not set up shall be barred A party declared in default may at any time after
if not raised on time and the party in error is notice thereof and before judgment file a motion
under oath to set aside the order of default upon

proper showing that his failure to answer was due to complaint even if the complainants are able to prove
fraud, accident, mistake or excusable negligence and during the reception of evidence a higher amount of
that he has a meritorious defense. In such case, the damages24. If the amount of damages is not specified,
order of default may be set aside on such terms and the court in cases of default would not be able to
conditions as the judge may impose in the interest of make such a determination.
justice (Sec.3 (b), Rule 9, ROC).
ACTIONS WHERE DEFAULT ARE NOT
REQUISITES TO LIFT ORDER OF DEFAULT: ALLOWED
Verified motion showing:
ü Fraud, accident, mistake or excusable neglect; (Sec.3 (e) Rule 9, ROC).
and (a) An action for annulment or declaration of nullity
ü Meritorious defenses. of marriage; or
(b) Legal separation.
REMEDIES AVAILABLE TO A DEFENDANT IN
DEFAULT:
A party declared in default may, At any time after F. FILING AND SERVICE OF PLEADINGS
discovery thereof (from notice) and before judgment,
file a motion, under oath, to set aside the order of F.1. PAYMENT OF DOCKET FEES
default on the ground that his failure to answer was General rule:
due to fraud, accident, mistake or excusable neglect, The court acquires jurisdiction over any case only
and that he has meritorious defense; upon the payment of the prescribed docket fees.
Hence, it is mandatory and jurisdictional.
If judgment has already been rendered when the
defendant discovered the default, but before the
It is not simply the filing of the complaint or
same has become final and executory, he may file a appropriate initiatory pleading, but the payment of
motion for a new trial under Sec. 1(a) Rule 37;
prescribed docket fee that vests a trial court with
jurisdiction over the subject matter or nature of the
If the defendant discovered the default after the
action25.
judgment has become final and executory, he may file
a petition for relief under Rule 38; and
When THE RULE ON THE PAYMENT OF DOCKET FEES IS
RELAXED
He may also appeal from the judgment rendered (a) Nonpayment at the time of filing does not
against him as contrary to the evidence, or to the law, automatically cause the dismissal of the case.
even if no petition to set aside the order of default (b) The fee may be paid within the applicable
has been presented by him.
prescriptive or reglementary period.
EFFECT OF A PARTIAL DEFAULT HOW TO DETERMINE THE AMOUNT OF THE
When a pleading asserting a claim states a common DOCKET FEE:
cause of action against several defending parties, Determination of nature of action is essential to
some of whom answer and the others fail to do so, the determine the amount of the docket fee.
court shall try the case against all upon the answers
thus filed and render judgment upon the evidence DOCKET FEE MAY BE BASED ON:
presented (Sec. 3(c), Rule 9, ROC). (a) Nature of the action
(b) Value of the property involved
REQUISITES WHEN THE DISMISSAL AGAINST ANY (c) Value of the demand
OF MULTIPLE PLANTIFFS NECESSARILY
RESULTS IN THE DISMISSAL OF THE CASE: F.2. FILING VERSUS SERVING OF PLEADINGS
ü Petitioner has a common cause of action against
all defendants; and FILING, DEFINED
ü All the defendants are indispensable parties to Act of presenting the pleading or other paper to the
the case. clerk of court (Sec.2, Rule 13, ROC).
EXTENT OF RELIEF PAPERS REQUIRED TO BE FILED AND SERVED

(Sec. 3 (d), Rule 9, ROC). (a) Judgments
(b) Resolutions
Where a party has been declared in default, the (c) orders,
amount of damages that should be adjudged against (d) pleadings subsequent to the complaint
him cannot exceed the amount alleged in the (e) written motions
24 25
Edward Keller & Co. vs. COB Group Marketing Inc., 141 SCRA 86, Sun Life Insurance Office, Ltd. vs. Asuncion, 170 SCRA 274,
January 16, 1986 February 13, 1989

(f) notices LEGAL FORMALITIES FOR SUBSTITUTION:

(g) appearances ü Written application for substitution
(h) demands ü Written consent of client to substitution
(i) offers of judgment, ü Written consent of attorney to be
(j) or similar papers substituted, if such consent can be obtained;
(Sec. 4 Rule 13, Rules of Court) or if not,
ü There must be filed with application for
SERVICE, DEFINED substitution, proof of service of such motion
in the manner required by the rules on
Act of providing a party with a copy of the pleading attorney to be substituted.
or paper concerned. If any party has appeared by
counsel, service upon him shall be made upon his
EFFECT OF DEATH OF COUNSEL
counsel or one of them, unless service upon the party Where the death of the previous attorney is the cause
himself is ordered by the court. Where one counsel of substitution of the counsel, a verified proof of the
appears for several parties, he shall only be entitled death of such attorney must accompany the notice of
to one copy of any paper served upon him by the appearance of new counsel.
opposite side.
PAPERS REQUIERED TO BE FILED AND SERVED
The purpose of requiring a formal service to the (1) judgment
lawyer is to maintain a uniform procedure, calculated (2) resolution
to place in competent hands the orderly prosecution (3) order
of a party’s case. (4) pleading subsequent to the complaint
(5) written motion
The actual presence of the offended party and signing (6) notice
of the judgment by the private prosecutor was (7) appearance
considered as an actual notice26. (8) demand
(9) offer of judgment
UPON WHOM SHALL SERVICE BE MADE (10) similar papers (Sec. 4, Rule 13, ROC)
If a party has not appeared by counsel, then service
must be made upon him. Time honoured and of constant observance is the
principle that no judgment or order, whether final or
If a party has appeared by counsel, then service upon interlocutory, has juridical existence until and unless
said party shall be made upon his counsel or one of it is set down in writing, signed, and promulgated.
them, unless service upon the party himself is ordered
by the court (Sec. 2, Rule 13, Rules of Court).
F.3. PERIODS OF FILING PLEADINGS
The rule is that when a party is represented by Period Reckoning Point
counsel in an action in court, notices of all kinds,
Answer to the Complaint
including motions, pleadings, and orders must be
served on counsel and notice to him is notice to the Service of summons,
client (People vs. Gabriel) General rule: within 15 unless a different
days period is fixed by the
Note: It has been held that notice or service made court (Rule 11, Sec. 1)
upon a party who is represented by counsel is a Foreign private
nullity. As a rule, notice to the client and not to his juridical entity
Receipt of summons
counsel of record is not notice in law unless for defendant, summons
(Rule 11, Sec. 2)
instance when the court or tribunal orders service through government
upon the party or when the technical defect in the official: Within 30 days
manner of notice is waived. (Heirs of Benjamin Non-resident
Mendoza vs. CA) defendant, with Service of extrajudicial
extraterritorial service summons (Rule 14, Sec.
SUBSTITUTION OF COUNSEL of summon: reasonable 15)
time not less than 60
A lawyer’s withdrawal as a counsel must be made in a days set by court
formal petition in the case, without which, notice of Answer to amended complaint
judgment rendered in the case served on the counsel Amendment was
of record, is, for all legal purposes notice to the client Service of a copy of the
matter of right: Within
the date or receipt of which is considered the starting amended complaint
15 days
point from which the period of appeal prescribed by Amendment not matter Notice of the order
law shall begin to run. of right: Within 10 days admitting the same
26
Neplum, Inc vs. Orbeso, G.R. No. 141986, July 11, 2002

Period Reckoning Point (2) constructive. – through substituted service

(Rule 11, Sec. 3)
Answer to counterclaim or cross-claim 2. SERVICE BY MAIL
From service (Rule 11, Can be done by:
Within 10 days
Sec 4) (1) Ordinary Mail - it does not constitute filing until
Answer to third (fourth, etc)-party complaint the papers are actually delivered into the custody
Same rule as answer to of clerk or judge 
Within 15 days the complaint (Rule 11, (a) Service may be done by ordinary mail if no
Sec. 5) registry service is available in the locality of
Reply either sender or addressee
From service of the
Within 10 days pleading responded to (2) Registered Mail - The date of mailing is the date
(Rule 11, Sec. 6) of filing
Answer to supplemental complaint
From notice of the Date of filing is determinable from 2 sources:
order admitting the (1) From the post office stamp on the envelope
Within 10 days
same, unless a different (2) from the registry receipt
period is fixed by court
Filing is done by:
Upon motion and on such terms as may be just, the (1) depositing in the post office 
court may extend the time to plead provided in these (2) In a sealed envelope  
Rules. The court may also, upon like terms, allow an (3) Plainly addressed to the party or his  counsel: 
answer or other pleading to be filed after the time (1) At his office if known
fixed by these Rules. (Sec.11, Rule 11) (2) Otherwise, at his residence if known
(4) Postagefully pre-paid 
(5) With instructions to the postmaster to return the
F.4. MANNER OF FILING mail to the sender after 10 days if undelivered
1. PERSONAL
Service by ordinary mail is allowed only in instances
(1) By presenting the original copies thereof, plainly where no registry service exists.
indicated as such, personally to the clerk of
court. There is a legal and conclusive presumption that the
(2) Deemed filed upon the receipt of the same by the date postmarked on the envelope is the date of the
clerk of court who shall endorse on it the date mailing.
and hour of filing.
3. SUBSTITUTED SERVICE
2. REGISTERED MAIL
If service of pleadings, motions, notices, resolutions,
ü By sending them through registered mail orders and other papers cannot be made under the
ü Deemed filed on the date it was deposited two preceding sections, the office and place of
with the post office. residence of the party or his counsel being unknown,
service may be made by delivering the copy to the
The original copies must be presented and plainly clerk of court, with proof of failure of both personal
indicated as such. service and service by mail (Sec. 8, Rule 13).
F.5. MODES OF SERVICE 4. KINDS OF SERVICE FOR FINAL

JUDGMENTS OR ORDERS:
1. PERSONAL SERVICE
(1) Personal service
Can be done by: (2) Registered mail
(1) Delivering personally a copy to the party or (3) Publication, if the party is summoned by
his counsel, or publication and has failed to appear in the action
(2) Leaving a copy in his office with his clerk or
with a person having charge thereof. There is NO substituted service of judgments and final
(3) Leaving the copy between 8am- 6pm, at the orders.
party’s or counsel’s residence, if known,
with a person of sufficient age and discretion
then residing therein (Sec.6, Rule 13, ROC).
Personal service may be either

(1) Actual

5. PRIORITIES IN MODES OF SERVICE

AND FILING PROOF OF PERSONAL SERVICE
ü Written admission of party served
GENERAL RULE: ü Official return of the server; or
Whenever practicable, the service and filing of ü Affidavit of the party serving, containing a full
pleadings and other papers shall be done personally. statement of the date, place and manner of
service. (Sec. 13, Rule 13, Rules of Court)
EXCEPTION:
Except with respect to papers emanating from the PROOF OF SERVICE BY ORDINARY MAIL
court, a resort to other modes must be accompanied (1) An affidavit of the person mailing and facts of
by a written explanation why the service or filing was compliance with the rules (Sec 7, Rule 13, ROC)
not done personally (2) Registry receipt issued by the mailing officer (Sec
13, Rule 13, ROC)
A violation of this Rule may be cause to consider the
paper as not filed (Sec. 11, Rule 13, ROC) PROOF OF SERVICE BY REGISTERED MAIL
ü Affidavit
Whenever personal service in filing is practicable it ü Registry receipt issued by the mailing office
becomes mandatory. and the registry return card. (Sec. 13, Rule
13, Rules of Court)
6. WHEN IS IT DEEMED COMPLETE
ü Personal service – upon actual delivery. Absent any proof of service of the decision, the period
ü Service by ordinary mail – upon expiration of 10 of 15 days within which a party may file a motion for
days after mailing, unless the court otherwise new trial does not begin to run against such party. If
provides. it admits, however, that it received the copy of the
ü Service by registered mail – upon actual receipt decision on a certain date despite absence of proof
by the addressee, or 5 days from the date he service, that date would be the reckoning date of the
received the first notice of the postmaster, 15 day period (Republic vs. Bank of the Philippine
whichever date is earlier (Sec. 10, Rule 13). Island)
ü Substituted service – at the time of such delivery
(Sec. 8, Rule 13). G. AMENDMENTS
HOW PLEADINGS MAY BE AMENDED
The mere return of mail “unclaimed”, is not sufficient ü by adding or striking out an allegation or the
proof of service. There must be clear proof of
name of any party, or
compliance with postal regulations governing the
ü by correcting a mistake in the name of a
sending and receipt of the notice referred to in Sec.8
party or a mistaken or inadequate allegation
Rule 13.
or description in any other respect, so that
the actual merits of the controversy may
7. PROOF OF FILING AND PROOF OF speedily be determined, without regard to
SERVICE technicalities, and in the most expeditious
GENERAL RULE: Filing is proven by its existence in the and inexpensive manner. (Sec 1, Rule 10)
record of the case.
WHERE THERE IS A FAILURE TO STATE A CAUSE
OF ACTION:
EXCEPTIONS:
If it is not on record and If the complaint failed to aver the fact that certain
ü If filed personally – it shall be proved by the conditions precedent were undertaken and complied
wriitted or stamped acknowledgement of its with, the failure to so allege the same may be
filing by the clerk of court on a copy of the same corrected by an amendment of the complaint.
ü If filed by registered mail – it shall be proved by
WHERE NO CAUSE OF ACTION EXISTS:
the registry receipt and by the affidavit of the
person who did the mailing containing a full A complaint whose cause of action has not yet
statement of: accrued cannot be cured or remedied by an amended
ü the date and place of depositing the mail in the or supplemental pleading alleging the existence or
post office in a sealed envelope addressed to the accrual of a cause of action while the case is pending.
court Such an action is prematurely brought and is,
ü with postage fully prepaid therefore, a groundless suit, which should be
ü and with instructions to the postmaster to return dismissed by the court upon proper motion seasonably
the mail to the sender after 10 days if not filed by the defendant27.
delivered. (Sec 12, Rule 13, ROC)
27
Swagman Hotels and Travel, Inc. vs. Court of Appeals, 455 SCRA 175

G.1. AMENDMENTS AS A MATTER OF RIGHT (SEC 2, (2) By the party at its initiative or on motion
RULE 10, ROC)

G.4. AMENDMENT TO CONFORM TO THE EVIDENCE
A party has the absolute right to amend his pleading,
This is an instance wherein the court acquires
regardless of whether a new cause of action or change
in theory is introduced 28. jurisdiction over the issues even if the same are not
alleged in the original pleadings, where the trial of
A pleading may be amended only once as a matter of said issues is with the express or implied consent of
the parties.
right before any responsive pleading is filed.
ü A complaint may be amended before an answer
Sec. 5, Rule 10 envisions two situations:
is served
ü An answer may be amended before a reply is (1) No objection to the evidence is raised
served or before the period to file a reply expires ü Issues not raised in pleadings are tried by express
ü A reply may be amended anytime within 10 days or implied consent of the parties; they are
after it is served. treated in all respects as if they had been raised.
 
The right to amend is not affected by a motion to ü Such amendments as may be necessary to cause
dismiss or motion for summary judgment or even a the pleadings to conform to the evidence may be
motion for judgement on the pleadings. This is made upon motion of any party at any time, even
because they are all not considered “responsive after judgment. 
pleadings.” ü Failure to amend does not affect the result of the
trial of those issues.  
APPLICABILITY OF MANDAMUS
The court would be in error if it refuses to admit an (2) Objection to the evidence is raised
amended pleading when its exercise is a matter of (a) Objection on the ground that it is not within
right. This error is correctible by mandamus29 because the issues made by the pleadings.
the trial court’s duty to admit an amended complaint (b) Court may allow the pleadings to be
made as a matter of right is purely ministerial. amended and shall do so freely when the
presentation of the merits of the action will
 be subserved.  
G.2. WITH LEAVE OF COURT (c) As safeguard, the court may grant a
WHEN LEAVE OF COURT IS REQUIRED (Sec, 3, Rule 10) continuance to enable the objecting party to
(1) Substantial amendments meet such evidence.
(2) When a responsive pleading had already been
served Sec. 8. Effect of Amended Pleadings, Rule 10
An amended pleading supersedes the pleading that
RATIONALE it amends. However, admissions in superseded
Leave of court is required because upon the filing of pleadings may be received in evidence against the
a responsive pleading, the issues would have been pleader; and claims or defenses alleged therein
joined. It would prejudice the defendant not to be not incorporated in the amended pleading shall be
allowed to amend his answer as well. In such manner, deemed waived.
an amendment after the responsive pleading has been
filed would incur unnecessary delay.
Thus, in such cases, the court has the discretion

whether or not to allow the intended amendment.
G.3. FORMAL AMENDMENTS (SEC 4, RULE 10, ROC)

What can be corrected by formal amendments:
ü A defect in the designation of the parties
ü Other clearly clerical or typographical errors
The formal amendment must not cause any prejudice

the adverse party.
How formal amendments may be effected:

(1) By the court at any stage of the action
28
Bautista vs. Maya-Maya Cottages, Inc., 476 SCRA 416 Custodio, 1 SCRA 780, 784-785
29
Breslin v. Luzon Stevedoring, 84 Phil. 618, 626-627; Ong Peng v.

G.5. SUPPLEMENTAL PLEADINGS to in the original complaint.
Supplemental When the cause of action in the supplemental

Amendment
Pleadings complaint is different from the cause of action
Before mentioned in the original complaint, the court should
responsive not admit the supplemental complaint (Asset
pleading is Privatization Trust vs. CA, 324 SCRA 533).
filed
matter of right The filing of an answer to the supplemental pleading
once only is not mandatory (Chan vs. Chan, G.R. No. 150746,
WHEN Always with leave
of court October 15, 2008).
After
responsive
G.6. EFFECT OF THE AMENDMENT
pleading is
filed ON THE ORIGINAL PLEADING
with leave of An amended pleading supersedes the original one
court which it amends. The original complaint is deemed
Reason for Grounds for superseded and abandoned by the amendatory
amendment is supplemental complaint only if the latter introduces a new or
PURPOSE available at pleading arose different cause.
time of the after the filing of
first pleading the first pleading ON ADMISSIONS MADE IN THE ORIGINAL
Supersedes the PLEADING
EFFECT Taken with the Admissions made in the original pleadings cease to be
original
original pleading judicial admissions. They are to be considered as
pleading
Before extrajudicial admissions. However, admissions in
responsive superseded pleadings may be received in evidence
pleading is against the pleader and in order to be utilized as
filed extrajudicial admissions, they must, in order to have
may change such effect, be formally offered in evidence.
No change in
any time
CAUSE cause of action or
OF theory in the
ACTION After
pleading sought to
H. SUMMONS
responsive
be implemented SUMMONS, DEFINED
pleading is
filed A coercive force issued by the court to acquire
may change jurisdiction over the person of the defendant.
with leave of
court Summons is the writ by which the defendant is
May be a notified of the action brought against him the
HOW matter of right Always by leave issuance of such is a mandatory requirement.
RAISED or by leave of of court
court Upon the filing of the complaint and the payment of
the requisite legal fees, the clerk of court shall
SUPPLEMENTAL PLEADING, DEFINED forthwith issue the corresponding summons to the
defendants.
A supplemental pleading is one which sets forth
transactions, occurrences, or events which have The issuance of summons is not discretionary on the
happened since the date of the pleading sought to be part of the court or the clerk of court but is a
supplemented. mandatory requirement.
ü This is not a matter of right.
ü A supplemental pleading only serves to
bolster or add something to the primary
H.1. NATURE AND PURPOSE
pleading. It exists side by side with the In actions in personam:
original. It assumes that the original pleading ü To acquire jurisdiction over the person of the
is to stand and that the issues joined with the defendant in a civil case
original pleading remained an issue to be ü To give notice to the defendant that an action
tried in the action. It is but a continuation of has been commenced against him
the complaint. Its usual office is to set up
new facts which justify, enlarge or change In action in rem or quasi in rem:
the kind of relief with respect to the same (1) Not to acquire jurisdiction over the defendant
subject matter as the controversy referred but mainly to satisfy the constitutional

requirement of due process SERVICE IN RELATION TO ACTIONS:

In personam In rem/ Quasi in rem
Resident
(1) Personal service (1) Personal service
(2) Substituted (2) Substituted service
service (3) Constructive Service
(3) Constructive (By publication)
Service (By - if unknown
publication) - temporarily absent
- if unknown
- temporarily absent
Non-Resident
Personal service outside of
the country with leave of
court
Not allowed
OR
Publication with leave of

court
1. PERSONAM
Purpose: Not only to notify the defendant of the
action against him but also to acquire jurisdiction
over his person.
Service of summons is required even if the defendant

is aware of the filing of the action against him. His
knowledge of the existence of a case is not one of the
modes by which a court acquires jurisdiction over the
person of the defendant.
2. REM
Purpose: Not the acquisition of jurisdiction over the
defendant but mainly to satisfy the constitutional
requirement of due process.
Jurisdiction over the defendant is not mandatory and

the court acquires jurisdiction over an action as long
as it acquires jurisdiction over the res.
3. QUASI IN REM
Purpose: Directed against particular persons.
Jurisdiction over the person of the defendant is not
required, it is the jurisdiction over the res that is
essential. Here, judgment is binding only against
particular persons and not against the whole world.
ACTIONS IN PERSONAM, IN REM AND QUASI IN

REM, DISTINGUISHED
In rem In personam Quasi in rem
Directed
Directed Directed against
against
against the particular
particular
thing itself person
person
Jurisdiction Jurisdiction
over the Jurisdiction over over the
person of the the person is person of the
defendant is required defendant is
not required not required
Judgment is Judgment is Judgment is
binding against binding only binding upon

In rem In personam Quasi in rem

the whole upon the parties particular 1. PERSONAL SERVICE
world impleaded or persons.
successors in Sec. 6. Service in person on defendant, Rule 14
interest Whenever practicable, the summons shall be
served handing a copy thereof to the defendant in
person, or, if he refuses to receive and sign for it,
by tendering it to him.”
CONTENTS OF THE SUMMONS (SEC 3,
RULE 14, ROC.) Note that there is a difference between service in
The summons shall be person of the defendant and personal service which is
(1) directed to the defendant contemplated in Rule 13. The latter refers to service
(2) signed by the clerk of court under seal of pleadings, while the former referes to service of
1. contain: summons.
(1) name of the court and the names of the
parties to the action In an action strictly in personam, service in person on
(2) direction that the defendant answer within the defendant is the preferred mode of service. This
the time fixed by the ROC is to be done by handing a copy to the defendant in
(3) notice that unless the defendant so answers, person.
plaintiff will take judgment by default and
may be granted the relief applied for If he refuses to receive and sign for it, the remedy of
the server is to tender the summons to the defendant.
A copy of the complaint and order for appointment of If the defendant refuses the service, the server should
guardian ad litem, if any, shall be attached to the not resort to substituted service immediately. He
original and each copy of the summons. must “tender” the summons to him. Tender of
summons is not a separate mode of service. It is part
WHO SERVES THE SUMMONS (SEC. 3, of service in person.
RULE 14, ROC.)
2. SUBSTITUTED SERVICE (SEC 7,
The summons may be served by RULE 14, ROC)
ü the sheriff
ü sheriff’s deputy Substituted service may be availed of if “for
ü other proper court officer justifiable causes, the defendant cannot be serviced
ü for justifiable reasons, any suitable person within a reasonable time.”
authorized by the court issuing the summons
REASONABLE TIME, MEANING
A period of time longer than that demarcated by the
H.2. VOLUNTARY APPEARANCE
word “prompt” and presupposes that a prior attempt
Voluntary appearance cures the defect in the service at personal service had failed. Reasonable time
of summons. depends on the:
1. Necessary time under the circumstances for
General rule: Defendant’s voluntary appearance in a reasonably prudent and diligent man to do,
the action shall be equivalent to service of summons conveniently, what the contract or duty
(Sec. 14, Rule 20) requires that should be done.
Exceptions For substituted service to be available there must be:

ü Special Appearance to file a MTD 2. Several attempts by the sheriff to personally
ü Inclusion in the MTD of grounds other than lack of serve the summons within a reasonable
Jurisdiction over the defendant’s person period which eventually resulted in failure to
prove impossibility of prompt service.
An absence of service of summons or an invalid service “Several attempts” means at least three (3)
of summons will not prevent the court from acquiring tries, preferably on at least two different dates.
jurisdiction over the defendant as long as he performs
acts that could be construed as voluntary appearance. 3. Citation by the sheriff in his Return of
His voluntary appearance shall be equivalent to Summons why such efforts were
service of summons. unsuccessful.
Only then can the impossibility of service be
H.3. MODES OF SERVICE OF SUMMONS confirmed or accepted.
ü Personal Service HOW SUBSTITUTED SERVICE IS MADE

ü Substituted Service (1) By leaving copies of the summons at the
ü Service by Publication defendant’s residence with some person of

suitable age and discretion then residing therein, Publication is notice to the whole world that the
or proceeding has for its object to bar indefinitely all
who might be minded to make an objection of any sort
“a person of suitable age and discretion” One against the right sought to be established. It brings in
who has attained the full age of full legal the whole world as a party in the case and vests the
capacity (18 years old) and is considered to have court with jurisdiction to hear and decide it.
enough discernment to understand the
importance of summons General rule
Publication is not a mode of service in an action in
“discretion” Ability to make decisions which personam against a resident defendant.
represent a responsible choice and for which an
understanding of what is lawful, right or wise may Exception
be presupposed. Section 14 and 16 of Rule 14
(a) Service upon defendant whose identity or
the person must have a “relation of confidence” whereabouts are unknown. (Sec 14)
to the defendant30. (b) Residents temporarily out of the Philippines. (Sec
16)
(2) By leaving the copies at defendant’s office or (c) Extraterrirotial service (Sec. 15)
regular place of business with some competent
person in charge thereof. Constructive service always requies permission of the
court.
“a competent person in charge of the office or
regular place of business “ must be the one SERVICE UPON A DEFENDANT WHERE HIS
managing the office or business of defendant, IDENTITY IS UNKNOWN OR WHERE HIS
such as the president or manager; WHEREABOUTS ARE UNKNOWN (SEC 14, RULE 14,
ROC)
and such individual must have sufficient Applies when:
knowledge to understand the obligation of the 4. Defendant is sued as an unknown owner;
defendant in the summons, its importance, and  or
the prejudicial effects arising from inaction on 5. His whereabouts are unknown and cannot
the summons”31 be ascertained with diligent inquiry  
not necessary that the person in charge be Service of summons may effected through any of the
specifically authorized to receive the summons. following modes:
It is enough that he appears to be in charge32. (1) by personal service as in Sec. 6 of Rule 14;
(2) by publication in a newspaper of general
Where the substituted service has been validly circulation together with a registered mailing of
served, its validity is not affected by the defendant’s a copy of the summons and the order of the court
failure to actually receive the summons from the to the last known address of the defendant; or
person with whom the summons has been left. (3) by any manner the court may deem sufficient.
It is immaterial that the defendant does not in fact

receive actual notice. RESIDENTS TEMPORARILY OUTSIDE THE
PHILIPPINES (SEC 16, RULE 14, ROC)
The rule does not require the sheriff or any authorized Applies when:
server to verify that the summons left in the (1) Defendant is a resident of the Philippines;
defendant’s resident or office was actually delivered (2) Is temporarily out of the country
to the defendant33.
A resident defendant is temporarily out of the
3. CONSTRUCTIVE SERVICE (SUMMONS country, if he has a residence or place of business in
BY PUBLICATION) the Philippines, and because he cannot be served
within a reasonable time because of his absence in
General rules the Philippines, this absence would now trigger the
(1) Constructive service is available only in actions in application of the rule on substituted service of
rem or in quasi in rem. summons.
(2) It is not available as a means of acquiring
jurisdiction over the person of the defendant in
action in personam.
30 32
Manotoc vs. Court of Appeals, 499 SCRA 21 Guanzon vs. Arradaza, 510 SCRA 309
31 33
supra Montalban vs. Maximo, 22 SCRA 1070

SPECIAL CLASSES OF DEFENDANTS H.4. EXTRATERRITORIAL SERVICE

SERVICE UPON ENTITY WITHOUT JURIDICAL Extraterritorial service of summons applies when the
PERSONALITY (SEC 8, RULE 14, ROC) following requisites concur: (Sec. 15, Rule 14, ROC)
Applicable in cases where: ü The defendant is a non-resident;
(1) Persons are associated in an entity without ü He is not found in the Philippines; and
juridical personality; and   ü The action against him is either in rem or quasi
(2) They are sued under the name by which they in rem.
are generally or commonly known  
It does not apply to a defendant who is a resident of
Service is effected upon all of them by: the Philippines. It also does not apply to an action in
ü Serving summons upon any of them; or personam.
ü Serving summons upon the person in charge of
their office or place of business The specific actions, which are either in rem or quasi
in rem that will justify the application of
SERVICE UPON DOMESTIC PRIVATE JURIDICAL extraterritorial service of summons in actions
PERSONALITY (SEC 11, RULE 14, ROC) involving a non-resident are:
When the defendant is a corporation, partnership or (1) Actions that affect the personal status of the
association organized under the laws of the plaintiff;
Philippines with a juridical personality, service may (2) Actions which relate to, or the subject matter of
be made upon the following persons: which is property within the Philippines, in which
ü President the defendant claims a lien or interest, actual or
ü managing partner contingent;
ü general manager (3) Actions in which the relief demanded consists,
ü corporate secretary wholly or in part, in excluding the defendant
ü treasurer, or form an interest in property located in the
ü in-house counsel Philippines; and
(4) When the defendant’s property has been
This enumeration has been held to be limited to the attached in the Philippines.
persons enumerated and summons cannot be served
upon any other person. MODES OF EXTRATERRITORIAL SERVICE
SERVICE UPON FOREIGN PRIVATE JURIDICAL When the conditions for the applicability of
PERSONALITY (SEC 12, RULE 14, ROC) extraterritorial service of summons are complied
SERVICE UPON PUBLIC CORPORATIONS, (SEC with, the following are the alternative modes of
13, RULE 14, ROC) extraterritorial service, all of which require a prior
Service upon a foreign private juridical entity which leave of court:
has transacted business in the Philippines may be (1) By personal service as provided in Sec. 6 of Rule
made on 14 governing ‘service in person on defendant’;
(a) its resident agent designated in accordance with (2) By publication in a newspaper of general
law for that purpose, or, circulation in such places and for such time as the
(b) if there be no such agent, on the government court may order, in which case a copy of the
official designated by law to that effect, or summons and the order of the court shall be sent
(c) on any of its officers or agents within the by registered mail to the last known address of
Philippines the defendant; or
(3) In any manner the court may deem sufficient.
When a foreign corporation has designated a person
to receive summons on its behalf pursuant to the The personal service in Sec. 6 of Rule 14 will not have
Corporation Code, that designation is exclusive and the effect of acquiring jurisdiction over the non-
service of summons on any other person is resident defendant even if the summons and the copy
inefficacious. of the complaint are personally received by him in the
country where he may be found. This is due to the
SERVICE UPON PUBLIC CORPORATIONS (SEC 13, rule that a non-resident defendant who refuses to
RULE 14, ROC) come to the country voluntarily remains beyond the
Service may be effected on: personal processes over him.
ü the Socilitor General, when the defendant is
the Republic of the Philippines Summons is served upon the defendant not for the
ü the executive head, or on such other officer purpose of vesting the court with jurisdiction over the
or officers as the law or the court may direct, person of the defendant but merely for satisfying the
if the defendant is a province, city or due process requirement. In proceedings in rem or
municipality, or like public corporations. quasi in re, jurisdiction over the defendant is not
required as long as the court acquires jurisdiction

over the res. Exception

DOCTRINE OF SUBSTANTIAL
Compliance with due process is actually the COMPLIANCE
underlying process of all modes of extraterritorial
service. If defendant actually received summons and
complaint despite all these technicalities
H.5. UPON PRISONERS AND MINORS PROOF OF SERVICE, HOW IT IS DONE
SERVICE UPON PRISONER (SEC. 9, (1) If personal or substituted service: In writing
RULE 14) by the server and shall:
Serve upon the officer having management of the 1. Set forth the manner/place/date of service
jail/prison 2. Specify any papers which have been served
with the process and the name of the person
SERVICE UPON MINORS AND who received the same
3. Be sworn to when made by a person other
INCOMPETENTS (SEC. 10, RULE 14)
than a sheriff or his deputy
Serve upon the minor/incompetent and on his legal
guardian (2) If by publication (SEC 19, RULE 14, ROC)
(a) Affidavit of the printer, his foreman, principal
IF THERE IS NO GUARDIAN clerk, or the editor, business/advertising
Plaintiff may apply for the appointment of a guardian manager, with a copy of the publcation attacked
ad litem (b) Affidavit showing the deposit of a copy of the
summons and order for publication in the post
IF MINOR office, postage prepaid, directed to the
May serve on his parents defendant by registered mail to his last known
address
SUMMONS WHEN COMPLAINT IS AMENDED
GENERAL RULE: An amended pleading supersedes the
RETURN (SEC. 4, RULE 14, ROC.)
original one that it amends (SEC 8, RULE 10, ROC) When the service has been completed, the server
shall, within five (5) days therefrom:
Hence, it does not ipso facto follow that the service (1) serve a copy of the return, personally or by
of a new summons is required whenever a complaint registered mail, to the plaintiff’s counsel;
is amended. and
(2) shall return the summons to the clerk who
Where the defendant has already appeared before the issued it, accompanied by proof of service.
trial court by virtue of a summons on the original
complaint - the amended complaint may be served ALIAS SUMMONS (SEC 5, RULE 14,
upon them without need for another summons, even ROC)
if new causes of actions are alleged.
Upon plaintiff’s demand, the clerk may issue an alias
When the defendant has not yet appeared in court summons if either:
and no summons had been validly served - new (1) Summons is returned without being served
summons on the amended complaint must be served on any/all of the defendants.
on them. (2) Summons was lost.
(1) It is not the change in the cause of action that
gives rise to the need to serve another summons The server shall also serve a copy of the return on the
for the amended complaint, but rather the plaintiff's counsel within 5 days therefrom, stating the
acquisition of jurisdiction over the person of the reasons for the failure of service.
defendant. If the trial court has not yet obtained
jurisdiction over them, a new service of summons I. MOTIONS
for the amended complaint is required.
I.1. MOTIONS IN GENERAL
MOTIONS, DEFINED
H.6. PROOF OF SERVICE (SEC 18, RULE 14, ROC)
An application for relief other than by a pleading.
General rule: Return of service of summons
immediately shifts burden of evidence from plaintiff General rule
to defendant since there is presumption of regularity A motion cannot pray for judgment.
Without return of survice, Burden is on plaintiff Exceptions

(1) Motion for judgment on the pleadings

(2) Motion for summary judgment

(3) Motion for judgment on demurrer to evidence CONTENT AND FORM OF MOTIONS
(1) Relief sought to be obtained
MOTIONS AND PLEADINGS,
(2) Grounds upon which it is based
DISTINGUISHED (3) Supporting affidavits, if:
Motion Pleading a. Required by the Rules; or
Contains allegations of Contains allegations b. Necessary to prove facts alleged in the
facts of the ultimate facts motion
Prays for a relief Prays for a relief (4) Motions raising factual issued must be supported
Grant of the relief does Grant of relief by affidavits.
not extinguish the action extinguishes the
(interlocutory relief) action (final relief) REQUISITES OF MOTIONS
Generally in writing (with (1) General rule: In writing
Always in writing
some exceptions) Exceptions:
(1) Motions for continuance made in the
OMNIBUS MOTION RULE, DEFINED presence of the adverse party or those made
in the course of hearing or trial
A motion attacking a pleading/ order/ judgment/
(2) Those made in open court
proceeding must include all objections then available.
(2) Hearing on the motion set by the applicant;
Purpose: To require movant to raise all available
(3) Notice of hearing shall be addressed to all
relief/ objections/ defense during a single
parties, and shall specify the time and date of the
opportunity to avoid multiplicity of suits and
hearing which shall not be later than 10 days from
discourage piece-meal objections
the filing of the motion. (Rule 15, Sec. 5)
(4) Notice must be addressed to the counsels.
General rule: All objections not included in the
motion are deemed waived.
NOTICE AND HEARING OF MOTIONS
Exception: When the court’s jurisdiction is in issue: A notice of hearing addressed to the clerk of court,
(1) Lack of jurisdiction over subject-matter; and not to the parties, is no notice at all.
(2) Litis pendentia;
(3) Res judicata; Accordingly, a motion that does not contain a notice
(4) Prescription. of hearing to the adverse party is nothing but a mere
scrap of paper, as if it were not filed; hence, it did
not suspend the running of the period to appeal.
KINDS OF MOTIONS [Provident International Resources v. CA (1996)]
A. MOTION EX PARTE
Motion and notice of hearing must be served at least
Made without notification to the other party because
3 days before the date of hearing; Rule 15, Sec. 4
the question generally presented is not debatable.
The court may act as it will not cause prejudice to the
THREE-DAY NOTICE RULE
other party.
General rule: Strict compliance is required
B. LITIGATED MOTION
Exception: Not absolute. When the adverse party was
Made with notice to the adverse party so that an
given a reasonable opportunity to study the motion
opposition thereto may be made. It requires the
and oppose it, then strict compliance with the three-
parties to be heard.
day notice rule may be dispensed with (Microsoft
Corporation and Adobe Systems Incorporated vs.
C. MOTION OF COURSE
Farajallaj, September 10, 2014).
Motion for a kind of relief/remedy to which the
movant is entitled to as a matter of right. Allegations
Motion and notice shall be furnished at least 3 days
contained in such motion do not have to be
before the intended hearing of the motion, unless the
investigated/verified.
Rules provide for an over-period such as in summary
judgments.
D. SPECIAL MOTION
Discretion of the court is involved. An investigation of
PURPOSE
the facts alleged is required.
To prevent surprise upon the adverse party and to
enable the latter to study and meet the arguments of
E. OMNIBUS MOTION
the motion.
Motion attacking a pleading, judgment, order or
proceeding, otherwise it is deemed waived.
Exceptions

(a) Ex parte motions; BILL OF PARTICULARS IN CIVIL AND

(b) Urgent motions; CRIMINAL CASES34
(c) Motions agreed upon by the parties to be heard
on shorter notice, or jointly submitted by the Civil Criminal
parties; More particularized
Details items or specific
(d) Motions for summary judgment which must be outline of a pleading;
conduct not recited in
served at least 10 days before its hearing. in the nature of a
the Information but
more specific
nonetheless pertain to or
allegation of the
are included in the crime
OMNIBUS MOTION RULE facts recited in the
charged.
pleading.
A motion attacking a pleading, order, judgment, or To enable an accused:
proceeding must include all objections then available. (1) to know the theory
All objections not included in the motion are deemed of the government’s
waived. case;
(2) to prepare his
When a motion to dismiss is filed, all grounds for The purpose is to defense and to avoid
objection available at the time the motion is filed enable a party to surprise at the trial;
must be invoked in the motion. This is required under prepare his (3) to plead his acquittal
the “Omnibus Motion Rule.” The objections which are responsive pleading or conviction in bar
not invoked are deemed waived. properly. of another
prosecution for the
Not waived even if not invoked in a Motion to same offense; and,
Dismiss): [Sec. 8, Rule 15; icow Sec. 1, (4) to compel the
Rule 9] prosecution to
(1) Lack of jurisdiction over subject matter observe
(2) Litis pendentia
(3) Res judicata PURPOSE
(4) Prescription To seek an order from the court directing the pleader
to submit a bill of particulars which avers matters
Note: The Omnibus Motion Rule applied only when a with “sufficient definiteness or particularity” to
motion to dismiss is filed. If no motion to dismiss is enable the movant to properly prepare his responsive
filed, any of the grounds for dismissal may be pleaded pleading. (Sec. 1, Rule 12)
as an affirmative defense in the answer. (Sec. 6, Rule
16) It is not to enable the movant to prepare for trial
(Riano)
PRO FORMA MOTIONS
A motion failing to indicate time and date of the The only question to be resolved in a motion for a Bill
hearing. of Particulars is whether or not the allegations in the
complaint are averred with sufficient
definiteness/particularity to enable the movant to
properly prepare his responsive pleading and to
I.2. MOTION FOR BILL OF PARTICULARS prepare for trial35.
MOTIONS FOR BILL OF PARTICULARS
A Bill of Particulars becomes part of the pleading for
It is a detailed explanation respecting any matter which it was intended. (Rule 12, Sec. 6)
which is not averred with sufficient definiteness/
particularity in the complaint as to enable a party to WHEN APPLIED FOR
properly prepare his responsive pleading or to prepare (1) Before responding to a pleading
for trial. (2) If the pleading is a reply, within 10 days from
service thereof
It is filed by the plaintiff pursuant to a court order
issued upon granting a motion for Bill of Particulars WHAT IT SHOULD POINT OUT
filed by the defendant before the latter files an (1) The defects complained of;
answer. (2) The paragraph wherein they are contained;
(3) The details desired.
In said motion, the defendant prays for a more
definite statement of matters which are not averred
ACTIONS OF THE COURT
with sufficient definiteness in the complaint.
(1) Deny;
34 35
Enrile v. People, G.R. No. 213455 Tantuico, Jr. v. Republic (1991)

(2) Grant the motion outright; are alleged generally opportunity to appear and
(3) Allow the parties the opportunity to be heard or which are be joined
indefinite and vague,
COMPLIANCE WITH THE ORDER [RULE So he can assert or protect
12, SEC. 3] So as to properly such right or interest
guide such party in
If motion for Bill of Particulars is granted answering the
wholly/partially: pleading and to avoid
(1) Within 10 days from notice of order, Bill of surprise in the trial of
Particulars or a more definite statement the case
should be submitted (unless court fixes a Available to the Available to any person
different period). defendant before he not yet a party to the
(2) BOP or definite statement filed either as a files a responsive action at any time after
separate pleading or as an amended pleading the commencement of the
pleading, a copy of which must be served on action, even during the
the adverse party. proceeding, but not after
the trial has been
EFFECT OF NON-COMPLIANCE concluded
In case of non-compliance or insufficient compliance
with the order for Bill Of Particulars, the court:
(1) May order the striking out of the pleading (or
portion thereof) to which the order is directed; I.3. MOTION TO DISMISS
OR MOTION TO DISMISS IN GENERAL
(2) Make such order as it may deem just.
A remedy of the defendant, or the responding party
If the plaintiff fails to obey, his complaint may be in general, which attacks the entire pleading and
dismissed with prejudice unless otherwise ordered by seeks its dismissal based on:
the court. (Rule 12, Sec. 4; Rule 17, Sec. 3) (1) Grounds which are patent on the face of the
complaint;
If defendant fails to obey, his answer will be stricken (2) Defenses available to the defendant at the time
off and his counterclaim dismissed, and he will be of the filing of the complaint.
declared in default upon motion of the plaintiff. (Rule
9, Sec. 3; Rule 12, Sec. 4; Rule 17, Sec. 4) It hypothetically admits the facts stated in the
complaint.
EFFECT ON THE PERIOD TO FILE RESPONSIVE
PLEADING It is not a responsive pleading.
A Motion for Bill of Particulars interrupts the period
to file a responsive pleading. It is subject to the omnibus motion rule since it is a
motion that attacks a pleading.
The movant may file his responsive pleading:
(1) Within the period he was entitled to at the time Hence, it must raise all objections available at the
the motion was filed; OR time of the filing thereof.
(2) Within 5 days, whichever is higher.
General rule: A court may not motu propio dismiss a
Reckoning period to file responsive pleading: case, unless a motion to that effect is filed by a party.
(1) Service of the Bill of Particulars or more definitive
pleadings; OR Exception:
(2) Notice of denial of his Motion for Bill of (a) Cases where the court may dismiss a case motu
Particulars. propio; (Rule 9, Sec. 1)
(b) Failure to prosecute; (Rule 17, Sec. 3)
NOTE: Motion of Bill of Particulars is NOT an (c) Sec. 4, Revised Rule on Summary Procedure.
alternative remedy with a Motion to Dismiss.
Sec. 1. Defenses and objections not pleaded,
BILL OF PARTICULARS AND Rule 9. Effect of Failure to Plead
INTERVENTION, DISTINGUISHED Defenses and objections not pleaded either in a
motion to dismiss or in the answer are deemed
Bill of Particulars Intervention waived. However, when it appears from the
Purpose is to enable a Purpose is to enable a pleadings or the evidence on record that the court
party bound to person not yet a party to has
respond to a pleading an action, yet having a (a) no jurisdiction over the subject matter,
to get more details certain right or interest in (b) that there is another action pending
about matters which such action, the between the same parties for the same

cause, (1) Before answer;

(c) or that the action is barred by a prior (2) After answer is filed;
judgment or by statute of limitations, (3) After hearing had commenced;
(4) At any stage of the proceeding, even for the first
the court shall dismiss the claim. (2a) time on appeal and even if no such defense is
Sec. 3. Dismissal due to fault of plaintiff, Rule 17. raised in the answer.
Effect of Failure to Plead
If, for no justifiable cause, 3. IMPROPER VENUE
1. the plaintiff fails to appear on the date of the Unless and until the defendant objects to the venue
presentation of his evidence in chief on the in a Motion To Dismiss prior to a responsive pleading,
complaint, or the venue cannot truly be said to have been
2. to prosecute his action for an unreasonable improperly laid since, for all practical intents and
length of time, or purposes, the venue though technically wrong may
3. to comply with these Rules or any order of the yet be considered acceptable to the parties for whose
court, convenience the rules on venue had been devised.
the complaint may be dismissed upon motion of the Improper venue may be waived and such waiver may
defendant or upon the court's own motion, without occur by laches36.
prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a A stipulation between the parties as to venue does not
separate action. This dismissal shall have the preclude the filing of suits in the residence of
effect of an adjudication upon the merits, unless plaintiff/defendant under Rule 4, Sec. 2(b). In the
otherwise declared by the court. (3a) absence of qualifying/restrictive words which would
indicate that a specific place alone is the venue, an
GROUNDS agreement as to venue is merely permissive and there
is no waiver of right to pursue remedy in other
(1) Lack of Jurisdiction over the defendant’s person; courts37.
(2) Lack of Jurisdiction over the subject matter of
the claim; If the court erroneously denies the MTD, the remedy
(3) Improper venue; is prohibition.
(4) Plaintiff’s lack of legal capacity to sue;
(5) Litis pendentia; 4. PLAINTIFF’S LACK OF LEGAL CAPACITY TO SUE
(6) Res judicata; The plaintiff lacks legal capacity to sue:
(7) Prescription; (1) When he does not possess the necessary
(8) Failure to state a cause of action; qualification to appear at the trial
(9) Extinguished claim; (2) When he does not have the character which he
(10) Unenforceable claim under the Statute of Frauds; claims, which is a matter of evidence
(11) Non-compliance with a condition precedent for
filing claim. Lack of legal capacity to sue refers to plaintiff’s
disability; while lack of legal personality to sue refers
NOTE: Motion may only be based on the grounds to the fact that the plaintiff is not a real party in
enumerated in Sec. 1, Rule 16. These grounds must interest, in which case the ground for dismissal would
be alleged on the motion to dismiss. be that the complaint states no cause of action.
1. LACK OF JURISDICTION OVER THE 5. LITIS PENDENTIA

DEFENDANT’S PERSON It is not required to allege that there be a prior
The objection of Lack of Jurisdiction over the person pending case. It is sufficient to allege and prove the
on account of lack of service or defective service of pendency of another case, even if same had been
summons, must be raised: brought later.
(1) At the very first opportunity
(2) Before any voluntary appearance is made Requisites [Republic vs. Carmel Development, Inc.
(2002)]
2. LACK OF JURISDICTION OVER THE SUBJECT (1) Identity of parties, or at least such as
MATTER OF THE CLAIM representing the same interest in both actions
If the complaint shows on its face Lack of Jurisdiction, (2) Identity of rights asserted and relief prayed for,
the court may dismiss the case outright instead of the relief being founded on the same facts, and
hearing the motion. (3) Identity of the two cases such that judgment in
one, regardless of which party is successful,
A Motion To Dismiss on the ground of Lack of would amount to res judicata in the other
Jurisdiction over the subject matter may be raised
either:
36 37
Diaz v. Adiong (1993) HSBC v. Sherman (1989)

6. RES JUDICATA
Requisites: (Topacio v. Banco Filipino Savings and If the fact of prescription is not indicated on the face
Mortgage Banks; 2010) of the complaint and the same may be brought out
(1) Former judgment must be final; later, the court must defer decision on the motion
(2) Judgment must be on the merits; until such time as proof may be presented on such
(3) The court which rendered it had jurisdiction over fact of prescription.
subject matter and parties;
(4) There must be between the first and the second Prescription Laches
actions, identity: Concerned with the fact Concerned with the
(1) identity of parties, of delay effect of delay
(2) subject matter, and A matter of time A matter of equity
(3) causes of action. Statutory Not statutory
Applies in law Applies in equity
There can be res judicata without a trial, such as in a Based on fixed time Not based on fixed time
judgment on the pleadings (Rule 34); a summary
judgment (Rule 35); or an order of dismissal under 8. COMPLAINT STATES NO CAUSE OF ACTION
Rule 17, Sec. 3. Failure to state a cause of action (not lack of cause of
action) is the ground for a Motion To Dismiss. The
For res judicata to apply, absolute identity of parties former means there is insufficiency in the allegations
is not required because substantial identity is in the pleading. The latter means that there is
sufficient. Inclusion of additional parties will not insufficiency in the factual basis of the action.
affect the application of the principle of res judicata.
A Motion To Dismiss based upon the ground of failure
Res Judicata is a concept of civil law and thus, has no to state a cause of action imports a hypothetical
bearing on a criminal proceeding. Hence, the admission by the defendant of the facts alleged in the
argument that the dismissal of a case during a complaint.
preliminary investigation bars a further
reinvestigation because of the doctrine of res judicata A complaint containing a premature cause of action
, is untenable [Trinidad v. Office of the Ombudsman may be dismissed for failure to state a cause of
(2007)] action.
Rationale: If the suit is not brought against the real party-in-
(1) Public policy and necessity makes it the interest interest, a motion to dismiss may be filed on the
of the State that there should be an end to ground that the complaint states no cause of action.
litigation; [Tanpinco v. IAC (1992)]
(2) The hardship on the individual that h should be
vexed twice for the same cause. [Arenas vs. CA FAILURE TO STATE NO CAUSE OF ACTION
(2000)] Insufficiency of the Insufficiency of factual
allegations in the basis for the action
TWO CONCEPTS OF RES JUDICATA
pleadings
(1) BAR BY PRIOR JUDGMENT
May be raised in the MTD May be raised at any
Bars the prosecution of a second action upon the same
at the any time before time
claim, demand or cause of action.
the filing of the answer
to the complaint or
(2) CONCLUSIVENESS OF JUDGMENT
pleadings asserting a
States a fact or question which was an issue in a
claim
former suit and was there judicially passed upon and
Can be made at the Made after questions of
determined by a court of competent jurisdiction, is
earliest stages of an fact have been resolved
conclusively settled by the judgment therein as far as
action on the basis of
the parties to that action and persons in privity with
stipulations,
them are concerned and cannot be again litigated in
admissions or evidence
any future action between such parties or their
presented
privies, in the same court or any other court of
concurrent jurisdiction on either the same or Without prejudice With prejudice
different cause of action, while the judgment remains Based on fixed time Not based on fixed time
unreversed by the proper authority [Moraga v.
Spouses Somo, 501 SCRA 118] 9. EXTINGUISHED CLAIM
That the claim/demand set forth in the plaintiff's
7. STATUTE OF LIMITATIONS pleading has been paid, waived, abandoned or
Prescription applies only when the complaint on its otherwise extinguished.
face shows that indeed the action has already
prescribed.

10. UNENFORCEABLE CLAIM UNDER THE STATUTE prohibition, or mandamus, if there is grave abuse of
OF FRAUDS discretion amounting to lack of jurisdiction.
Those stated under Article 1403(2) of the Civil Code
which enumerates contracts which needs to be EFFECTS OF DISMISSAL OF COMPLAINT
evidenced by some note or memorandum to be ON CERTAIN GROUNDS
enforceable.
OF DISMISSAL: [RULE 16, SEC.5]
This can be filed even if the absence of the cause of Sec. 5. Effect of dismissal, Rule 16
action does not appear on the fact of the complaint. Subject to the right of appeal, an order granting a
(Yuviengco et al. v. Dacuycuy, et. al, 1981) motion to dismiss based on paragraphs (f), (h) and
(i) of section 1 hereof shall bar the refiling of the
11. NON-COMPLIANCE WITH A CONDITION same action or claim. (n)
PRECEDENT
Non-compliance with PD 1508 (Katarungang General rule: The action/claim may be re-filed.
Pambarangay Law) may result in dismissal of the case Exception: The action cannot be re-filed (although
on the ground of non-compliance with a condition subject to appeal) if it was dismissed on any of the
precedent. following grounds:
(1) Res judicata;
RESOLUTION OF MOTION (2) Prescription;
(3) Extinguishment of the claim/ demand;
A motion to dismiss is a litigated motion and, hene, (4) Unenforceability under the Statute of Frauds.
should be heard. [Rule 16, Sec. 1 (f),(h),(i)]
HEARING AND ORDER PLEADING THE GROUNDS AS
(1) During the hearing of the motion, parties shall
submit: [Rule 16, Sec. 2] AFFIRMATIVE DEFENSE
ü Their arguments on questions of law; If no Motion To Dismiss was filed, the grounds in Rule
ü Their evidence on questions of fact. 16, Sec. 1 may be pleaded as an affirmative defense
Exception: Those not available at that time. and the court may conduct a preliminary hearing
(2) If the case goes to trial, such evidence presented thereon as if a MTD was filed.
shall automatically be part of the evidence of
the party presenting the same. BAR BY DISMISSAL
(3) After the hearing, the court may either: [Rule
16, Sec. 3] As a general rule, the action/claim may be re-filed.
(a) Dismiss the action/claim; EXCEPTION: The action cannot be re-filed (although
(b) Deny the Motion To Dismiss; subject to appeal) if it was dismissed on any of the
(c) Order the amendment of pleadings. following grounds:
(4) The court cannot defer the resolution of the (1) Res judicata;
Motion To Dismiss for the reason that the ground (2) Prescription;
relied upon is not indubitable. (3) Extinguishment of the claim/demand;
(5) The court’s resolution on the Motion To Dismiss (4) Unenforceability under the Statute of Frauds.38
must clearly and distinctly state the reasons
therefor. IF MOTION TO DIMISS IS DENIED
Movant must file his answer within the balance of the
REMEDIES OF PLAINTIFF WHEN period under Rule 11 to which he was entitled at the
time of serving his Motion to Dimiss (but not less than
COMPLAINT IS DISMISSED 5 days) computed from his receipt of notice of the
(1) Refile, if dismissal does not amount to denial.
adjudication on the merits
(2) Appeal, if the ground bars re-filing IF PLEADING IS ORDERED TO BE AMENDED
(3) Petition for Certiorari, if dismissal is tainted with Movant must file his answer within the period under
grave abuse of discretion Rule 11, counted from service of the amended
pleading (unless the court gives a longer period).
REMEDIES OF DEFENDANT WHEN MOTION
IS DENIED ON OTHER GROUNDS AND OMNIBUS MOTION RULE
Motion To Dimiss based on the following grounds may
General Rule: Filing an answer and going through the be filed even after filing an answer: [Rule 9, Sec. 1]
regular trial process, and may later file a timely 1. Lack Of Jurisdiction over subject-matter;
appeal for the denial of the MTD 2. Litis pendentia;
3. Res judicata;
Exception: Assail denial through certiorari, 4. Prescription.
38
Sec. 1(f), (h), (i), Rule 16

(1) If the notice of dismissal provides that it is with

Dismissal of the complaint under Rule 16, Sec. 6 is prejudice.
without prejudice to the prosecution in the same or ü The dismissal is still with prejudice even it
in a separate action of a counterclaim pleaded in the the notice of dismissal does not so provide,
answer. where such notice is premised on the fact of
payment by the defendant of the claim
MOTION TO DISMISS UNDER RULE 16 involved. [Serrano v. Cabrera (1953)]
AND DEMURRER TO EVIDENCE,
(2) TWO-DISMISSAL RULE
DISTINGUISHED
Applies when the plaintiff has:
MTD under Rule 33 (a) twice dismissed actions;
MTD under Rule 16
(Demurrer to evidence) (b) based on or including the same claim;
Based on preliminary Based on insufficiency (c) in a court of competent jurisdiction.
objections of evidence
May be filed by any May be filed only by The second notice of dismissal will bar the refilling of
defending party against the defendant against the action because it will operate as an adjudication
whom a claim is the complaint of the of the claim upon merits.
asserted in the action plaintiff
Should be filed within Accordingly, for a dismissal to operate as an
the time for, but prior May be filed only after adjudication upon the merits, i.e., with prejudice to
to, the filing of the the plaintiff has the re-filing of the same claim, the following
defending party’s completed the requisites must be present:
answer to the pleading presentation of his (1) There was a previous case that was dismissed by
asserting the claim evidence a competent court;
against him (2) Both cases were based on or include the same
If denied, defendant claim;
If denied, defendant (3) Both notices for dismissal were filed by the
may present evidence.
answers; else, he may plaintiff; and
If granted, plaintiff
be declared in default. (4) When the motion to dismiss filed by the plaintiff
appeals and the order
If granted, plaintiff may was consented to by the defendant on the ground
of the dismissal is
appeal or if a that the latter paid and satisfied all the claims of
reversed; the
subsequent the former.39
defendant loses his
case is not barred, he
right to present
may re-file the case
evidence. J.2. UPON MOTION BY PLAINTIFF; EFFECT ON
EXISTING COUNTERCLAIM (SEC. 2, RULE 17)
J. DISMISSAL OF ACTION
Dismissal of the complaint is subject to the court’s
J.1. UPON NOTICE OF PLAINTIFF; 2 DISMISSAL RULE discretion and upon such terms and conditions as may
be deemed proper by court
Dismissal here is effected not by motion but by mere
notice before the service of either: Leave of court for the dismissal is necessary because
1. The answer; the motion is made after a responsive pleading or a
2. A motion for summary judgment. (Sec. 1, motion for summary judgment has been served.
Rule 17)
EFFECT ON COUNTERCLAIM:
It is not the order confirming the dismissal which
operates to dismiss the complaint. As the name of the If defendant pleaded a counterclaim prior to the
order implies, said order merely confirms a dismissal service upon him of the plaintiff’s motion for
already effected by the filing of the notice of dismissal, the dismissal shall be without prejudice to
dismissal. Since the order issued by the Court merely the defendant’s right to either:
confirms the dismissal, it follows that the court does (1) Prosecute his counterclaim in a separate action;
not have to approve the dismissal because it has no (2) Have the counterclaim resolved in the same
discretion on the matter (Riano, 2009) action, by manifesting such preference within 15
days from being notified of plaintiff’s motion for
dismissal.
General Rule: The dismissal is without prejudice.
General Rule: Dismissal is without prejudice
Exception Exceptions:
39
Ching vs. Cheng, G.R. No. 175507 (2014) 

(1) When otherwise stated in the motion to dismiss; prejudice to the right of the defendant to prosecute
OR his counterclaim in the same action or in a separate
(2) When stated to be with prejudice in the order of action.
the court
This Rule applies to the dismissal of counterclaims,
Court approval of the court is necessary in the cross-claims or 3rd-party complaints.
dismissal/compromise of a class suit.
K. PRE-TRIAL
J.3. DISMISSAL DUE TO THE FAULT OF PLAINTIFF
K.1. CONCEPT, NATURE AND PURPOSE
A complaint may be dismissed even if the plaintiff has
no desire to have the same dismissed. The dismissal Pre-trial is mandatory in civil cases. In a civil case, it
in this case will be through reasons attributed to his is not the court which initiates the setting of the case
fault. Sec 3 Rule 17 provides the grounds for dismissal: for pre-trial. It is set at the instance of the plaintiff.
It shall be the duty of the plaintiff to promptly file a
The dismissal due to the fault of the plaintiff may be motion to set the case for pre-trial.
done by the court on its own motion (motu proprio)
or upon a motion filed by the defendant (Sec 3, Rule This motion of the plaintiff is an ex parte motion, thus
17, Rules of Court) need not be subject of a hearing.
(1) The failure of the plaintiff, without justifiable The motion for pre-trial is filed within 5 days from the
reasons, to appear on the date of the last pleading. If the plaintiff fails to file the said
presentation of his evidence in chief; motion within the period, the branch clerk of court
ü The plaintiff’s failure to appear at the trial shall issue notice of pre-trial (A.M. No. 03-1-09-SC,
after he has presented his evidence and July 13, 2004).
rested his case does not warrant the
dismissal of the case on the ground of failure LAST PLEADING: The last permissible pleading a party
to prosecute. can file is the reply to the answer to the last pleading
(2) The failure of the plaintiff to prosecute his action asserting the claim. Where the last pleading has not
upon a reasonable length of time; yet been served and filed, the case is not yet ready
ü The test for dismissal of a case due to failure for pre-trial41. However, the last pleading need not be
to prosecute is WON, under the literally construed as one having been served and
circumstances, the plaintiff is chargeable filed. For purposes of pre-trial, the expiration of the
with want of due diligence in failing to period for the filing the last pleading without it having
proceed with reasonable promptitude.40 been served and filed is sufficient42.
(3) The failure of the plaintiff to comply with the
Rules of Court; or K.2. NATURE AND PURPOSE
(4) The failure of the plaintiff to obey any order of
the court. Pre-trial is a procedural device held prior to the trial
for the court to consider the following purposes:
EFFECT OF DISMISSAL UNDER SEC. 3,
Sec. 2. Nature and Purpose, Rule 18. Pre-trial
RULE 17: The pre-trial is mandatory. The court shall
General Rule: Dismissal is with prejudice and operates consider:
as an adjudication on merits (a) Possibility of amicable settlement or
submission to alternative modes of dispute
Exception: resolution
(1) Court declares otherwise; OR (b) Simplification of issues
(2) Court has yet to acquire jurisdiction on the (c) Necessity or desirability of amendments to the
person of the defendant. pleadings
(d) Possibility of obtaining stipulations or
The dismissal due to the fault of the plaintiff may be admissions of facts and of documents to avoid
done by the court on its own motion (motu proprio) unnecessary proof
or upon a motion filed by the defendant (Sec 3, Rule (e) Limitation of number of witnesses
17, Rules of Court) (f) Advisability of a preliminary reference of
issues to a commissioner
J.4. DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM (g) Propriety of rendering judgment on the
pleadings, or summary judgment, or of
The dismissal of the complaint under Sec. 2 of Rule 17 dismissing the action should a valid ground
i.e., because of the fault of the plaintiff, is without
40 42
Calalang v. CA (1993) Sarmiento vs. Juan, 120 SCRA 403
41
Pioneer Insurance & Surety Corp. vs. Hontanosas, 78 SCRA 439

therefore be found to exist the court to render judgment on

(h) Advisability or necessity of suspending the the basis thereof
proceedings
(i) Such other matters as may aid in the prompt BY THE PLAINTIFF
disposition of the action Since the dismissal of the action shall be with
prejudice unless otherwise provided, the same shall
K.3. NOTICE OF PRE-TRIAL have the effect of an adjudication on the merits thus,
final.
Sec. 3. Notice of Pre-trial, Rule 18
The notice of pre-trial shall be served on the BY THE DEFENDANT
counsel of the party if the latter is represented by The order allowing the plaintiff to present his
counsel. Otherwise the notice shall be served on evidence ex parte does not dispose of the case with
the party himself. The counsel is charged with the finality. The order is therefore, merely interlocutory
duty of notifying his client of the date, time and hence, not appealable.
place of the pre-trial.
Default by defendant As in Default
Notice is important that it would be grave abuse of Upon motion and notice Not required
discretion for the court to allow the plaintiff to to defendant
present his evidence ex parte for failure of the Requires proof of failure Not required
defendant to appear before the pre-trial who did not to answer
receive through his counsel a notice of pre-trial. Court to render Court to allow plaintiff
judgment, unless it to present evidence ex
K.4. APPEARANCE AND EFFECTS OF FAILURE TO requires submission of parte, then the court
evidence shall render judgment
APPEAR
Relief awarded must be Relief awarded may be
General rule: It shall be the duty of both the parties the same in nature and of different nature and
and their counsels to appear at the pre-trial . (Sec. 4, amount as prayed for in amount from the relief
Rule 18) the complaint prayed for
Exception:
K.5. PRE-TRIAL BRIEF
A party’s non-appearance may be excused only if
either The parties shall file with the court their respective
(1) A valid cause is shown for it pre-trial briefs which shall be received at least 3 days
(2) A representative appears in his behalf, fully before the date of the pre-trial. This pre-trial brief
authorized in writing: shall be served on the adverse party.
(a) To enter into an amicable settlement
(b) To submit to alternative modes of dispute The pre-trial brief shall contain the following
resolution matters:
(c) To enter into stipulations/admissions of (1) Statement of their willingness to enter into an
facts and of documents amicable settlement or alternative modes of
dispute resolution, indicating the desired terms
EFFECT OF FAILURE TO APPEAR AT THE thereof
PRE-TRIAL (2) Summary of admitted facts and proposed
stipulation of facts
Sec. 5. Effect of failure to appear, Rule 18 (3) Issues to be tried or resolved
The failure of the plaintiff to appear when so (4) Documents or exhibits to be presented, stating
required pursuant to the next preceding section the purposes thereof
shall be cause for dismissal of the action. The (5) Manifestation of their having availed of their
dismissal shall be with prejudice, unless otherwise intention to avail of the discovery procedures or
ordered by the court. A similar failure on the part referral to commissioners
of the defendant shall be cause to allow the (6) Number and names of the witnesses and he
plaintiff to present his evidence ex parte and the substance of their respective testimonies
court to render judgment on the basis thereof. (SEC. 6, RULE 18)
Who fails to EFFECT OF FAILURE TO FILE PRE-

Effect
appear TRIAL BRIEF
Dismissal of the action, with
The failure to file the pre-trial brief shall have the
Plaintiff prejudice unless otherwise ordered
same effect as failure to appear at the pre-trial.
by the court (SEC. 6, RULE 18)
Cause to allow the plaintiff to
Defendant
present his evidence ex-parte and

RECORD OF PRE-TRIAL PRELIMINARY CONFERENCE

The pre-trial proceedings shall be recorded. Upon When: At any time during the pendency of a case, the
termination of such proceedings, the court shall issue court may call the parties and their counsel to a
the pre-trial order preliminary conference. (Section 1. Rule 48.)
Note: In an action for Forcible Entry and Unlawful
PRE-TRIAL ORDER Detainer, a preliminary conference shall be held not
later than thirty (30) days after the last answer is
This order of the court is issued by the court upon the
filed. The provisions of Rule 18 on pre-trial shall be
termination of the pre-trial. Pre-trial order shall be applicable to the preliminary conference unless
issued within 10 days after the termination the pre-
inconsistent with the provisions of this Rule. (Section
trial (A.M. No. 03-109-SC, July 13, 2004) 8. Rule 70.)
CONTENTS
Purpose:
(1) Matters taken up in the pleadings
(a) To consider the possibility of an amicable
(2) The action taken thereon
settlement, except when the case is not allowed
(3) The amendments allowed to the pleadings, and
by law to be compromised;
(4) The agreements or admissions made by the
(b) To define, simplify and clarify the issues for
parties as to any of the matters considered
determination;
(5) Should the action proceed to trial, the order
(c) To formulate stipulations of facts and admissions
shall, explicitly define and limit the issues to be
of documentary exhibits, limit the number of
tried.
witnesses to be presented in cases falling within
the original jurisdiction of the court, or those
General rule: The contents of the order shall control
within its appellate jurisdiction where a motion
the subsequent course of the action
for new trial is granted on the ground of newly
discovered evidence; and
Exception:
(d) To take up such other matters which may aid the
(1) Modified before trial to prevent manifest
court in the prompt disposition of the case.
injustice
(Section 1. Rule 48.)
(2) Amendment to conform to evidence
(3) Issues implied include therein or may be inferable
therefrom by necessary implication [Philippine
EFFECT OF FAILURE OF PLAINTIFF TO
Export and Foreign Loan Guarantee Corp. v. APPEAR:
Amalgated Management and Development Corp. Failure of the appellant to appear at the preliminary
(2011)] conference under Rule 48 or to comply with orders,
circulars, or directives of the court without justifiable
K.6. DIFFERENCE BETWEEN PRE-TRIAL IN CIVIL cause is a ground for the dismissal of the appeal.
(Section 1 (h). Rule 50.)
PROCEDURE AND CRIMINAL PROCEDURE
Civil Case [Rule 18] Criminal Case [Rule 118] L. INTERVENTION
Set when the plaintiff Set by the court, no
moves ex parte to set motion required from the A legal proceeding by which a third person is
the case for pre-trial parties permitted by the court to become a party by either:
Made after the last Ordered by the court after (1) Joining the plaintiff
pleading has been arraignment, and within (2) Joining the defendant
served and filed 30 days from the date the (3) Asserting his right against both plaintiff and
court acquired defendant,
jurisdiction over the
person of the accused L.1. REQUISITES:
Possibility of an Possibility of an amicable (1) Legal interest
amicable settlement settlement is not among ü in the matter in controversy; or
is an important its purposes ü in the success of either of the parties;
objective or
Sanctions for non- Sanctions are imposed ü against both parties; or
appearance are upon the counsel for the ü person is so situated as to be adversely
imposed upon accused or the prosecutor affected by a distribution or other
plaintiff and disposition of property in the custody
defendant of the court or of an officer thereof
Pre-trial brief is Pre-trial brief is not (2) Intervention will not unduly delay or
specifically required specifically required prejudice the adjudication of rights of
original parties;

(3) Intervenor's rights may not be fully L.2. TIME TO INTERVENE

protected in a separate proceeding. [Ortega
v. CA (1998)] Motion may be filed at any time before rendition of
judgment.
Intervention is ancillary and supplemental to an
existing litigation. Hence the final dismissal of the Answer to complaint-in-intervention must be filed
principal action results into dismissal of said ancillary within 15 days from notice of the order admitting the
action. complaint-in-intervention, unless a different period is
fixed by the court.
INTERVENTION AND INTERPLEADER,
DISTINGUISHED L.3. REMEDIES
Intervention Interpleader (a) If intervention is denied
Ancillary Original ü Appeal by the aggrieved party
Proper in any of Presupposes that the plaintiff ü Mandamus, if there is grave abuse of
the four has no interest in the subject discretion
situations matter of the action or has an (b) If intervention is granted
mention in Rule interest which in whole or in ü Petition for certiorari for improper granting
19 part is not disputed by the of intervention
other parties
Defendants are Defendants are being sued
already original precisely to implead them M. CALENDAR OF CASES
parties to the Sec. 1. Calendar of cases, Rule 20
pending suit The clerk of court, under the direct supervision of
the judge, shall keep a calendar of cases for pre-
FACTORS TO BE CONSIDERED trial, for trial, those whose trials were adjourned
(1) Whether the intervention will unduly delay or or postponed, and those with motions to set for
prejudice the adjudication of the rights of the hearing. Preference shall be given to habeas corpus
original parties; and cases, election cases, special civil actions, and
(2) Whether the intervenor’s rights may be fully those so required by law.
protected in a separate proceeding.
Sec. 2. Assignment of cases, Rule 20
WHO MAY INTERVENE The assignment of cases to the different branches
(1) One who has legal interest in the matter in of a court shall be done exclusively by raffle. The
litigation. assignment shall be done in open session of which
(2) One who has a legal interest in the success of adequate notice shall be given so as to afford
either of the parties interested parties the opportunity to be present.
(3) One who has an interest against both parties
(4) One who is so situated as to be adversely affected
by the distribution of other disposition of The Calendar of cases are to be kept by clerk of court
property in the custody of the court or of an for cases set for pre-trial, trial, those whose trials
officer adjourned or postponed and those with motions set
for hearings.
HOW TO INTERVENE
(a) With leave of court Preference given to habeas corpus, election cases,
(b) Motion to intervene may be filed at any time special civil actions and those so required by law.
before the rendition of judgment by the trial
court N. SUBPOENA
Subpoena is a process directed to a person requiring
PLEADINGS IN INTERVENTION him to attend and to testify at the hearing or the trial
of an action, or at any investigation conducted by
1. COMPLAINT-IN-INTERVENTION
competent authority, or for the taking of his
if intervenor asserts a claim against either or all of
deposition. It may also require him to bring with him
the original parties
any books, documents, or other things under his
control, in which case it is called a subpoena duces
2. ANSWER-IN- INTERVENTION tecum. (Sec.1, Rule 21, ROC)
if intervenor unites with the defendant in resisting a
claim against the latter
N.1. WHO MAY ISSUE A SUBPOENA
(1) The court whom the witness is required to attend

(2) Court of the place where deposition is to be taken (b) Title of the action or investigation
(3) Officer or body authorized by law to do so in (c) Directed to the person required to attend
connection with investigations conducted by said
officer or body GROUNDS FOR QUASHING:
(4) Any justice of the SC or CA in any case or (a) Witness is not bound thereby
investigation pending within the Philippines (b) Witness fees and kilometrage was not served
(Sec.2, Rule 21, ROC).
All processes issued by the Metropolitan Trial Courts, N.3. SERVICE

Municipal Trial Courts and Municipal Circuit Trial
Courts, in cases falling within their jurisdiction, may Service of a subpoena shall be made in the same
be served anywhere in the Philippines without the manner as personal or substituted service of
necessity of certification by the Judge of the Regional summons. The original shall be exhibited and a copy
Trial Court. [Sec. 38(2), BP 129] thereof delivered to the person on whom it is served,
tendering to him the fees for one day’s attendance
and the kilometrage allowed by these Rules, except
N.2. KINDS OF SUBPOENA that, when a subpoena is issued by or on behalf of the
1. SUBPOENA DUCES TECUM Republic of the Philippines or an officer or agency
thereof, the tender need not be made. The service
a process directed to a person which requires him to must be made so as to allow the witness a reasonable
bring with him the following: time for preparation and travel to the place of
(a) any books attendance. If the subpoena is duces tecum, the
(b) documents OR reasonable cost of producing the books, documents or
(c) other things under his control things demanded shall also be tendered. (Sec.6, Rule
21, ROC).
FORMS AND CONTENTS
(a) Name of the court
(b) Title of the action or investigation; It shall be
directed to the person required to attend N.4. COMPELLING ATTENDANCE OF WITNESS
(c) Directed to the person required to attend The court which issued the subpoena may, upon proof
(d) Must contain a reasonable description of books, of service and failure of witness to attend, issue a
documents or things demanded which must warrant for the arrest of the witness and make him
appear to the court prima facie relevant pay the cost of such warrant and seizure, if the court
should determine that his disobedience was willful
GROUNDS FOR QUASHING: and without just cause (Sec. 8, Rule 21)
(1) It is unreasonable or oppressive
(2) The articles sought to be produce do not appear The refusal to obey a subpoena without adequate
to be relevant cause shall be deemed contempt of the court issuing
(3) Person asking for subpoena does not advance cost it. (Sec. 9, Rule 21)
of production
(4) Witness fees and kilometrage was not served
N.5. QUASHING A SUBPOENA
The court may quash a subpoena duces tecum upon
For subpoena duces tecum to issue, the court must motion promptly made and, in any event, at or before
satisfy: the time specified therein if it is unreasonable and
(a) Test of relevancy – the books, documents or oppressive, or the relevancy of the books, documents
other things requested must appear prima facie or things does not appear, or if the person in whose
relevant to the issue subject of the controversy behalf the subpoena is issued fails to advance the
(b) Test of definiteness – such books must be reasonable cost of the production thereof.
reasonably described by the parties to be readily
identified
O. COMPUTATION OF TIME
2. SUBPOENA AD TESTIFICANDUM Sec. 1. How to compute time, Rule 22
In computing any period of time prescribed or
Process directed to a person requiring him to attend
allowed by these Rules, or by order of the court,
and to testify at:
or by any applicable statute, the day of the act or
(a) the hearing or the trial of an action
event from which the designated period of time
(b) at any investigation conducted by competent
begins to run is to be excluded and the date of
authority OR
performance included. If the last day of the period,
(c) for the taking of his deposition
as thus computed, falls on a Saturday, a Sunday, or
a legal holiday in the place where the court sits,
FORMS AND CONTENTS
the time shall not run until the next working day.
(a) Name of the court

Sec. 2. Effect of interruption, Rule 22 BILL OF PARTICULARS AND MODES OF

Should an act be done which effectively interrupts DISCOVERY
the running of the period, the allowable period BILL OF PARTICULARS MODES OF DISCOVERY
after such interruption shall start to run on the day To clarify vague To discover evidentiary
after notice of the cessation of the cause thereof. statements of the facts
ultimate facts, not to
The day of the act that caused the interruption supply evidentiary
shall be excluded in the computation of the period. matters
To prepare for To prepare for trial;
HOW COMPUTED? responsive pleading abbreviates it
1. In computing any period of time prescribed
or allowed by the Rules, or by order of the Different Modes of Discovery
court, or by any applicable statute, the first (1) Despositions pending action (Rule 23);
day (or the day of the act or event from (2) Depositions before action or pending appeal
which the designated period is to run)shall (Rule 24);
be excluded while the last day (the date of (3) Interrogatories to parties (Rule 25);
performance) shall be included. (4) Admission by adverse party (Rule 26);
2. If the last day falls on a Saturday, Sunday or (5) Production or inspection of documents or
a nonworking legal holiday in the place things (Rule 27); and
where the court sits, time shall not run until (6) Physical and mental examination of persons
the next working day. (Rule 28);
If period is interrupted, the allowable period after
such interruption shall start to run after notice of the P.1. DEPOSITIONS
cessation of the cause of such interruption. The day
of the act that caused the interruption shall be MEANING OF DEPOSITION
excluded in the computation of the period. The taking of the testimony of any person, whether
he be a party or not, but at the instance of a party to
the action. This testimony is taken out of court.
P. MODES OF DISCOVERY (Riano)
They are intended as a means to compel disclosure of

Discovery – a device employed by a party to obtain
facts resting in the knowledge of a party or other
information about relevant matters on the case from
person which are relevant in some suit or proceeding
the adverse party in preparation for the trial. As
in court. (Darmarias Garments v. Reyes, 225 SCRA
contemplated by the Rules, the device may be used
622)
by all the parties to the case. (Riano)
Purpose: TWO METHODS FOR TAKING DEPOSITION

1. To narrow and clarify basic issues between the (1) Oral examination
parties, and (2) Written interrogatory
2. As a device for ascertaining the facts relative to
those issues (Republic v. Sandiganbayan, 204
SCRA 212).
3. To permit mutual knowledge before trial of all
relevant facts gathered by both parties so that
either party may compel the other to disgorge
facts whatever he has in his possession. (Riano)
4. To enable a party to learn all the material and
relevant facts, not only known to him and his
witnesses but also those known to the adverse
party and the latter's own witnesses. In fine, the
object of discovery is to make it possible for all
the parties to a case to learn all the material and
relevant facts, from whoever may have
knowledge thereof, to the end that their
pleadings or motions may not suffer from
inadequacy of factual foundation, and all the
relevant facts may be clearly and completely laid
before the Court, without omission or
suppression (Darmarias Garments v. Reyes, 225
SCRA 622).

KINDS OF DEPOSITIONS (b) Depositions before action or pending appeal

(Rule 24) – called a deposition in perpetuam rei
(a) Depositions pending action (Rule 23) – called a memoriam
deposition de benne esse
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL AND DEPOSITIONS PENDING

ACTION, DISTINGUISHED
Depositions Before Action or Pending Appeal - Rule 24 Depositions Pending Action – Rule 23
(Perpetuam rei memoriam) (de bene esse)
A person who desires to perpetuate his own testimony or Any person can perpetuate their
Who can
that of another person regarding any matter that may be testimony for use in the event of
apply?
cognizable in any court of the Philippines further proceedings in the said court
Before action
A verified petition, contents of which are:
The petition shall be entitled in the name of the petitioner
and shall show:
(a) That the petitioner expects to be a party to an action
in a court of the Philippines but is presently unable to
bring it or cause it to be brought; Motion upon notice and service,
(b) The subject matter of the expected action and his contents of which are:
interest therein; (a) The names and addresses of the
(c) The facts which he desires to establish by the persons to be examined and
proposed testimony and his reasons for desiring to (b) The substance of the testimony
perpetuate it; which he expects to elicit from
(d) The names or a description of the persons he expects each; and
will be adverse parties and their addresses so far as (c) The reason for perpetuating their
known; testimony
(e) The names and addresses of the persons to be
What to file?
examined and the substance of the testimony which Leave of court is not required after an
he expects to elicit from each, and answer has been served.
(f) Shall ask for an order authorizing the petitioner to
take the depositions of the persons to be examined Leave of court is required:
named in the petition for the purpose of perpetuating (a) Before the service of an
their testimony answer but after jurisdiction
has been acquired over any
Pending appeal defendant or over the
Motion in the said court for leave to take the depositions, property subject of the action
upon the same notice and service thereof as if the action (b) Deposition of a prisoner
was pending therein.
The motion shall state
(a) the names and addresses of the persons to be examined
and the substance of the testimony which he expects
to elicit from each, and
(b) the reason for perpetuating their testimony.
Before action: In the court of the place of the residence
of any expected adverse party
Pending appeal: If an appeal has been taken from a
judgment of a court, including the Court of Appeals in
Where to The court in which the judgment was
proper cases, or before the taking of an appeal if the time
apply? rendered
therefor has not expired, the court in which the judgment
was rendered may allow the taking of depositions of
witnesses to perpetuate their testimony for in the event of
further proceedings in the said court.
If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of
Court order justice, it may make an order allowing the depositions to be taken, which shall:
and (1) designate or describe the persons whose deposition may be taken and
examination (2) specify the subject matter of the examination and
(3) specify whether the depositions shall be taken upon oral examination or written interrogatories.

EFFECT OF SUBSTITUTION OF PARTIES ORAL DEPOSITION

(SEC. 5, RULE 23) A party desiring to take the deposition of any person
(1) The substitution of parties does not affect the upon oral examination shall give to every party to the
right to use the depositions previously taken action a reasonable notice in writing, stating:
(2) When an action has been dismissed and another (a) the time and place for taking the deposition,
action involving the same subject and between (b) and the name and address of each person to be
the same parties or their representatives or examined, if known; if not known, there must be
successors in interest, is afterwards brought, all a general description sufficient to identify him or
the depositions lawfully taken and duly filed in the particular class or group to which he belongs
the former action may be used in the latter as if (Sec. 15, Rule 23)
originally taken.
Certain guidelines for oral depositions (Sec. 17, Rule
BEFORE WHOM TAKEN 23):
Persons before whom depositions may be taken (a) The officer before whom the deposition is taken
(1) Within the Philippines shall put the witness on oath;
ü Judge (b) The testimony of the witness or deponent must
ü Notary public be recorded and shall be taken stenographically
ü Any person authorized to administer oaths if unless the party agree otherwise;
the parties so stipulate in writing (c) All objections made at the time of the
examination shall be noted;
(2) In foreign countries (d) Evidence objected to shall be taken but subject
ü On notice, before a secretary of any embassy to the objections.
or legation, consul-general, consul, vice-
consul, consular agent of the Philippines In lieu of participating in the oral examination,
ü Before such person or officer as may be parties served with notice of taking a deposition may
appointed by commission or under letters- transmit written interrogatories to the officers, who
rogatories shall propound them to the witness and record the
ü Any person authorized to administer oaths if answers verbatim (Sec. 17, Rule 23).
the parties so stipulate.
When the testimony is fully transcribed, the
PERSONS DISQUALIFIED FROM TAKING deposition shall be submitted to the witness for
DEPOSITIONS examination and shall be read to or by him, unless
such examination is waived by the witness and by the
(1) Relative within 6th degree of consanguinity or parties. The witness may desire some changes in form
affinity of any party and substance, in which case such changes shall be
(2) Employee of any party entered upon the deposition by the officer with a
(3) Counsel of any party statement of the reasons of the witness for making
(4) Relative within the same degree of party’s such changes. The deposition shall be signed by the
counsel witness unless the signing is waived by the parties by
(5) Employee of party’s counsel stipulation or the deposition cannot be signed
(6) Anyone financially interested in the action because the witness is ill, cannot be found or if he
refuses to sign (Sec. 19, Rule 23, Rules of Court).
EFFECT OF TAKING AND USING THE
DEPOSITION OF A PERSON If not signed by the witness, the officer shall sign it
and state on the record the attendant facts together
The taking of the deposition of a person does not with the reason given for the non-signing of the
make the person a witness of the party taking his deposition. This having been done, the deposition
deposition. may be used as fully as though it was signed unless on
a motion to suppress under Sec. 29[f] of Rule 23 and
However, the introduction of the deposition or any the court holds that the reasons given for the refusal
part thereof makes the deponent the witness of the to sign require rejecting the deposition in whole or in
party introducing the deposition if used for a purpose part.
other than that of contradicting or impeaching the
deponent (Sec. 8, Rule 23, Rules of Court). The officer is required to:
(1) Certify on the deposition that the witness was
Exceptions: duly sworn to by him and that the deposition is a
(a) The deposition is that of an opposing party true record of the testimony given by the
(b) The deposition is used to impeach or contradict a witness.
deponent (2) Securely seal the deposition in an envelope
indorsed with the title of the action “Deposition
of (name of witness).”

(3) Promptly file it with the court in which the action the deponent is a party or at the time of the
is pending or send it by registered mail to the deposition was an officer, director, or
clerk thereof for filing (Sec. 20, Rule 23, Rules of managing agent of a public or private
Court). corporation, partnership or association
(4) Promptly notify all parties of its filing which is a party;
(5) Upon payment of reasonable charges, the officer ü For any purpose by any party, where the
shall furnish a copy of the deposition to any party deponent is a witness, whether or not a
or to the deponent (Sec. 22, Rule 23, Rules of party, if the court finds that (i) the witness
Court). is dead, (ii) that the witness resides more
than one hundred (100) kilometers from the
DEPOSITION UPON WRITTEN place of trial or hearing, or is out of the
INTERROGATORIES Philippines, unless it appears that his
absence was procured by the party offering
A party desiring to take the deposition of any person the deposition; or (iii) that the witness is
upon written interrogatories shall serve the unable to attend or testify because of age,
interrogatories upon every other party with a notice sickness, infirmity, or imprisonment; or (iv)
stating: that the party offering the deposition has
(a) the name and address of the person who is to been unable to procure the attendance of
answer them, witnesses by subpoena; or (v) when
(b) the name and descriptive title and address of the exceptional circumstances exists, upon
officer before whom the deposition is to be application and notice (Riano).
taken.
SCOPE
The party served with the interrogatories may also
serve cross-interrogatories upon the party proposing Deponent may be examined regarding any matter:
to take the deposition within ten (10) days from (1) Not privileged;
service of the written interrogatories. The latter may, (2) Relevant to the subject of the pending action
within five (5) days, serve re-direct interrogatories. (3) Under suchs limitations as the court may order
Within three (3) days after being served with re-direct under Sec. 16 and 18.
interrogatories, a party may serve recross (4) Whether relating to the claim or defense of any
interrogatories upon the party proposing to take the other party, including the existence, description,
deposition (Sec. 25, Rule 23) nature, custody, condition, and location of any
books, documents, or other tangible things and
A copy of the notice and copies of all interrogatories the identity and location of persons having
served shall be delivered by the party taking the knowledge of relevant facts.
deposition to the officer designated in the notice. He
shall proceed promptly to take the testimony of the OBJECTIONS TO ADMISSIBILITY
witness in response to the interrogatories and to Objection may be made at the trial or hearing, to
prepare, certify, and file or mail the deposition, receiving in evidence any deposition or part thereof
attaching thereto the copy of the notice and the for any reason which would require the exclusion of
interrogatories received by him (Sec. 26, Rule 23) the evidence if the witness were then present and
testifying (Sec. 6, Rule 23)
USES OF DEPOSITIONS (SEC. 4, RULE TERMINATION OF TAKING OF
23) DEPOSITION OR LIMIT EXAMINATION
(1) Any part or all of the deposition, so far as When done: At any time during the taking of the
admissible under the rules of evidence, may be deposition
used
ü against any party who was present or How done: On motion or petition of any party or of
represented at the taking of the deposition, the deponent, filed in the court in which the action is
or pending or the Regional Trial Court of the place where
ü against one who had due notice of the the deposition is being taken.
deposition. The deposition or any of its
parts, may be used at the trial or upon the Grounds:
hearing of a motion or an interlocutory (1) Upon a showing that the examination is being
proceeding (Sec. 4, Rule 23, Rules of Court). conducted in bad faith or
(2) The deposition may be used for the following (2) In such manner as unreasonably to annoy,
purposes: embarrass, or oppress the deponent or party.
ü For contradicting or impeaching the
testimony of the deponent as a witness;
ü For any purpose by the adverse party where

EFFECT OF ERRORS AND if the answer has not yet been served. If it has been
IRREGULARITIES IN DEPOSITIONS served, leave of court is NOT needed.
(SEC. 29, RULE 23)
Note: No party may, without leave of court, serve
(a) As to notice. — waived unless written objection more than one set of interrogatories to be answered
is promptly served upon the party giving the by the same party
notice.
(b) As to disqualification of officer. — waived unless ANSWERS
made before the taking of the deposition begins The interrogatories shall be answered fully in writing
or as soon thereafter as the disqualification and shall be signed and sworn to by the person making
becomes known or could be discovered with them.
reasonable diligence.
(c) As to competency or relevancy of evidence. — not The party upon whom the interrogatories have been
waived by failure to make them before or during served shall file and serve a copy of the answers on
the taking of the deposition, unless the ground, the party submitting the interrogatories within fifteen
of the objection is one which might have been (15) days after service thereof. This period may, upon
obviated or removed if presented at that time. motion and for good cause shown, be extended or
(d) As to oral examination and other particulars shortened by the court.
(manner of taking the deposition in the form of
the questions or answers, in the oath or CONSEQUENCE OF FAILURE TO ANSWER
affirmation, or in the conduct of the parties and
errors of any kind which might be obviated, The court on motion and notice, may:
removed, or cured) — if promptly prosecuted, are (1) strike out all or any part of any pleading of that
waived unless reasonable objection thereto is party
made at the taking of the deposition. (2) dismiss the action or proceeding or any part
(e) As to form of written interrogatories. — waived thereof
unless served in writing upon the party (3) enter a judgment by default against that party,
propounding them within the time allowed for and in its discretion
serving succeeding cross or other interrogatories (4) order him to pay reasonable expenses incurred by
and within three (3) days after service of the last the other, including attorney's fees. (Sec. 5, Rule
interrogatories authorized. 29)
(f) As to manner of preparation (manner in which the
testimony is transcribed or the deposition is EFFECT OF FAILURE TO SERVE
prepared, signed, certified, sealed, indorsed, WRITTEN INTERROGATORIES
transmitted, filed, or otherwise dealt with by the General rule: A party not served with such may NOT
officer) — waived unless a motion to suppress the be compelled by the adverse party
deposition or some part thereof is made with (1) to give testimony in open court or
reasonable promptness after such defect is, or (2) deposition pending appeal
with due diligence might have been, ascertained.
Exception: Unless allowed by the court for good
P.2. WRITTEN INTERROGATORIES OF ADVERSE cause shown and to prevent failure of justice
PARTIES
OBJECTIONS
PURPOSE Objections to it may be presented to the court within
This mode of discovery is availed of by a party to the 10 days after service. The filing of the objections shall
action for the purpose of eliciting material and have the effect of deferring the filing and service of
relevant facts from any of the adverse party (Sec. 1, the answer to the interrogatories until the objections
Rule 25) are resolved
WHO CAN APPLY WRITTEN INTERROGATORIES V.

(1) Any party desiring to elicit material and relevant INTERROGATORIES TO PARTIES
facts from any adverse party shall file and serve Interrogatories
upon the latter written interrogatories to be Written interrogatories
to Parties
answered by the party served. Taken before a deposition No deposition
(2) If the person served is a private or public officer officer
corporation, partnership or association, then it Not served on the adverse party Served on the
will be answered by any officer competent to directly. They are delivered to adverse party
testify in its behalf. the officer designated. directly
The deposition of any person can Parties only
NEED FOR LEAVE OF COURT be taken, whether he is a party
Leave of court for written interrogatories is NEEDED or not.

including attorney's fees.

P.3. REQUEST FOR ADMISSION
If the application is denied and the court finds that it
PURPOSE (SEC. 1, RULE 26) was filed without substantial justification, the court
(1) to allow one party to request the adverse party may require the proponent or the counsel advising the
in writing to admit certain material and relevant filing of the application, or both of them, to pay to
matters which most likely will not be disputed the refusing party or deponent the amount of the
during the trial reasonable expenses incurred in opposing the
(2) to avoid inconvenience to the parties in going application, including attorney's fees.
through the rigors of proof, before the trial, a (Sec. 1, Rule 29)
party may request the other to:
ü admit the genuiness of any material and EFFECT OF ADMISSION
relevant document described in and
exhibited with the request; or Admission is only for the purpose of the pending
ü admit the truth of any material and relevant action and shall NOT constitute an admission for any
matter of fact set forth in the request other person nor may it be used against him in any
other proceeding.
WHEN MADE
At any time after issues have been joined WITHDRAWAL
The court may allow the party making an admission
HOW MADE under the Rule, whether express or implied, to
(1) A party may file and serve upon any other party withdraw or amend it upon such terms as may be just.
may file and serve upon any other party a written The admitting party must file a motion to be relieved
request for the admission by the latter of the of the effects of his admissions
genuineness of any material and relevant
document described in and exhibited with the EFFECT OF FAILURE TO FILE AND
request or of the truth of any material and SERVE REQUEST FOR ADMISSION
relevant matter of fact set forth in the request.
(2) Copies of the documents shall be delivered with General rule: A party who fails to file and serve a
the request unless copy have already been request for admission on the adverse party of material
furnished. facts within the personal knowledge of the latter shall
not be permitted to present evidence thereon
Exception: Unless otherwise allowed by the court for
IMPLIED ADMISSION OF ADVERSE
(1) Good cause shown, and
PARTY (2) To prevent a failure of justice
Each of the matter requested to be admitted shall be
deemed admitted.
P.4. PRODUCTION OR INSPECTION OF THINGS OR
UNLESS within a period designated in the request,
which shall not be less than fifteen (15) days after
DOCUMENTS
service thereof, or within such further time as the FILING OF THE MOTION
court may allow on motion, party requested serves A motion must be filed by the party seeking the pro-
upon the party requesting a sworn statement either duction or inspection of documents and things and the
specifically denying or setting forth in detail the motion must show good cause supporting the same.
reasons why he cannot truthfully either admit or deny
those matters. Applicable only to a pending action and the things
subject of the motion must be within the possession,
FAILURE TO ANSWER REQUEST control, or custody of a party.
The proponent may apply to the proper court of the
PURPOSE
place where the deposition is being taken, for an
The Court may issue an order for the party to:
order to compel an answer.
1. Produce and permit the inspection and copying
or photographing of any designated documents,
If the application is granted, the court:
papers, books, accounts, letters, photographs,
(a) shall require the refusing party or deponent to
objects or tangible things
answer the question or interrogatory and
(a) not privileged
(b) if it also finds that the refusal to answer was
(b) which constitute or contain evidence
without substantial justification, it may require
material to any matter involved in the action
the refusing party or deponent or the counsel
and
advising the refusal, or both of them, to pay the
(c) are in his possession, custody or control.
proponent the amount of the reasonable
expenses incurred in obtaining the order,
(d) Permit entry upon designated land or other

property in his possession or control for the the results of the examination are intended to be
purpose of inspecting, measuring, surveying, or made public.
photographing the property or any designated
relevant object or operation thereon. REPORT OF FINDINGS
The party examined may request the party causing
THE ORDER SHALL STATE the examination to be made to deliver to him a copy
1. The time, place and manner of making the of a detailed written report of the examining
inspection and taking copies AND physician setting out his findings and conclusions.
2. Such terms and conditions which are just. After such request and delivery, the party causing the
examination to be made shall be entitled upon
PRODUCTION OR INSPECTION OF THINGS OR request to receive from the party examined a like
DOCUMENTS AND SUBPOENA DUCES TECUM, report of any examination, previously or thereafter
DISTINGUISHED made, of the same mental or physical condition (Sec.
3, Rule 28).
Production or
inspection of things or Subpoena Duces Tecum If the party examined refuses to deliver the report,
documents the court may make an order requiring the delivery
Essentially a mode of Means of compelling on such terms as are just. If it is the physician who
discovery production of evidence fails or refuses to make a report, the court may
Rules are limited to the May be directed to a exclude his testimony if offered at the trial (Sec. 3,
parties to the action person whether a party Rule 28).
or not
The order under this May be issued upon an The Court exercises full discretion in regulating
rule is issued only upon ex parte application physical and mental examinations of a party to a
motion with notice to controversy. The defendant seeking physical
the adverse party examination of a plaintiff has no absolute right to
choose his own physician. The Court must first
determine whether a physical examination is
necessary, then determine the physician who shall
P.5. PHYSICAL OR MENTAL EXAMINATION
conduct the examination.
This mode of discovery applies to an action in which
the mental or physical condition of a party is in P.6. REFUSAL TO COMPLY WITH THE MODES OF
controversy (Sec. 1, Rule 28).
DISCOVERY
Examples of this action would be: CONSEQUENCE OF REFUSAL TO ANSWER
(a) An action for annulment of a contract where the
ground relied upon is insanity. The court may upon proper application, compel a
(b) A petition for guardianship of a person alleged to deponent who refuses to answer an oral
be insane; examination/interrogatory submitted (Sec. 1, Rule
(c) An action to recover damages for personal injury 29).
where the issue is the extent of the injuries of
the plaintiff (Riano) A refusal to answer after being directed by the court
may be considered as a contempt of court (Sec. 2,
PROCEDURE Rule 29).
A motion for the examination is filed in the court (a) If the application is granted, the court shall
where the action is pending: require the refusing party or deponent to answer
(a) Showing good cause for the examination; the question or interrogatory and if it also finds
(b) With notice to the party to be examined, and all that the refusal to answer was without
other parties substantial justification, it may require the
(c) Specifying the time, plane, manner, conditions refusing party or deponent or the counsel
and scope of examination. advising the refusal, or both of them, to pay the
proponent the amount of the reasonable
WAIVER OF PRIVILEGE expenses incurred in obtaining the order,
The party examined waives any privilege he may have including attorney's fees.
in that action regarding the testimony of the person (b) If the application for an order to compel a
who has examined or may examine him with respect deponent to answer is denied, the court may
to that same mental or physical examination by: require the proponent or the counsel advising the
1. Requesting and obtaining a report of the application, or both of them, to pay to the
examination so ordered OR refusing party or deponent the amount of
2. Taking the deposition of the examiner reasonable expenses incurred in opposing the
application, including attorney’s fees (Sec. 1,
Physician-patient privilege is inapplicable because Rule 29).

(5) Dismissal with Prejudice

REFUSAL TO BE SWORN (6) Judgment under Rule on Summary Procedure
A refusal of a party to be sworn after being directed (7) When the parties, in writing, agree upon the
by the court may be considered as contempt of court stipulation of facts
(Sec. 2, Rule 29)
ISSUES IN TRIAL
REFUSAL TO OBEY ORDER Trial shall be limited to the issues stated in the pre-
If a party/officer or managing agent of a party refuses trial order unless subject to Section 2 Rule 31.
to obey an order requiring him:
(1) To answer designated questions Additional evidence may be offered at the rebuttal
(2) To produce a thing for inspection or to permit stage (subject to the discretion of the court) if:
entry upon property (1) it is newly discovered evidence
(3) To submit to a physical or mental examination (2) it is omitted through mistake or inadvertence
(oversight)
The court may order: (3) the purpose is to correct evidence previously
(1) That the matters regarding which the questions offered
were asked, or the character of the land or the
thing, or the physical and mental condition of the HEARING, DEFINED
party be taken to be established.
(2) The disallowance of the disobedient party’s It is not confined to trial but embraces several stages
of litigation including pre-trial stage. It does not
claims
(3) The prohibition of the disobedient party to necessarily mean presentation of evidence.
present evidence
(4) The striking out of the pleadings or parts thereof NOTICE OF TRIAL
(5) The dismissal of the action or parts thereof Upon entry of the case in the trial calendar, the clerk
of court shall notify the parties of the date of trial in
(6) Rendering judgment by default against the
disobedient party OR such manner as to ensure its receipt at least five (5)
days before such date (Sec. 1, Rule 30, Rules of
(7) The arrest of any party or agent EXCEPT in
disobeying an order to submit to a physical or Court).
mental examination.
Q.1. ADJOURNMENT AND POSTPONEMENT
FAILURE OF PARTY TO ATTEND OR SERVE ANSWERS A court may adjourn a trial from day to day, and to
If a party refuses to attend or serve answers, the court any stated time, as the expeditious and convenient
may: transaction of business may require.
(1) Strike out all or any part of any pleading of that
party. However, the court has no power to adjourn a trial
(2) Dismiss the action or any part thereof. for:
(3) Enter a judgment by default against that party, (1) A period longer than 1 month for each
OR/AND adjournment OR
(4) Order that party to pay reasonable expenses (2) More than 3 months in all
incurred, including attorney’s fees.
Exception: when authorized in writing by the court
The Republic of the Philippines cannot be required to administrator
pay expenses and attorney’s fees under this Rule.
Q.2. REQUISITES TO POSTPONE TRIAL

Q. TRIAL
Postponements are to the sound discretion of the
Trial - judicial process of investigating and court and in the absence of grave abuse, it cannot be
determining the legal controversies, starting with the controlled by mandamus. It is not a matter of right.
production of evidence by the Plaintiff and ending
with his closing arguments. If the adverse party admits the facts to be given in
evidence, the trial will not be postponed even if he
General Rule: When an issue exists, trial is necessary. objects or reserves the right to object to their
Decision should not be made without trial. admissibility.
Exception:
(1) Judgment on the Pleading – where the pleadings
(1) FOR ABSENCE OF EVIDENCE (SEC.
tender no issue at all
(2) Summary Judgment – where from the pleadings, 3, RULE 30)
affidavits, depositions, and other papers, there is Requisites:
actually no genuine issue (1) A motion for postponement stating the ground
(3) Judgment on Compromise relied upon must be filed AND
(4) Judgment by Confession (2) The motion must be supported by an affidavit

showing respective memoranda or any other pleadings.

(a) The materiality and relevancy of such
evidence, and If several defendants or third-party defendants, and
(b) That due diligence has been used to procure so forth, having separate defenses appear by different
it counsel, the court shall determine the relative order
of presentation of their evidence
(2) FOR ILLNESS OF PARTY OR
COUNSEL (SEC. 4, RULE 30) The normal order of trial may be modified if the
court, in furtherance of convenience and to avoid
Requisites: prejudice, orders a separate trial of any claim, cross-
(1) A motion for postponement stating the ground claim, counterclaim, or third-party complaint. It may
relied upon must be filed AND also order, for the same reasons, a separate trial of
(2) The motion must be supported by an affidavit or any separate issue or of any number of claims, cross-
sworn certification showing claims, counterclaims, third-party complaints or
(a) The presence of such party or counsel at the issues (Sec. 2, Rule 31).
trial is indispensable AND
(b) That the character of his illness is such as to REVERSAL OF ORDER
render his non-attendance excusable
The Defendant presents evidence ahead of the
Plaintiff, when the Defendant in his answer, relies
Q.3. AGREED STATEMENT OF FACTS upon an affirmative defense.
The parties to any action may agree, in writing, upon
the facts involved in the litigation, and submit the Ratio
case for judgment on the facts agreed upon, without Plaintiff need not have to present evidence since
the introduction of evidence but if the parties agree judicial admissions do not require proof.
only on some facts in issue, the trial shall be held as
to the disputed facts in such order as the court shall Q.5. CONSOLIDATION OR SEVERANCE OF TRIAL
prescribe (Sec. 6, Rule 30).
CONSOLIDATION
Not permitted in Annulment of Marriage and for This involves several actions having a common
Legal Separation. question of law or fact which may be jointly tried.
SEVERANCE
Q.4. ORDER OF TRIAL
This contemplates a single action having a number of
Subject to the provisions of Sec. 2 of Rule 31, and claims, counterclaims, cross-claims, third-party
unless the court for special reasons otherwise directs, claims, or issues which may be separately tried.
the trial shall be limited to the issues stated in the
pre-trial order and shall proceed as follows: PURPOSE
(a) The plaintiff shall adduce evidence in support of
his complaint; (1) to avoid multiplicity of suits
(b) The defendant shall then adduce evidence in (2) to guard against oppression or abuse
support of his defense, counterclaim, cross-claim (3) to prevent delay
and third- party complaint; (4) to clear congested dockets
(c) The third-party defendant, if any, shall adduce (5) to simplify the work of the Trial Court
evidence of his defense, counterclaim, cross- (6) to save unnecessary cost and expenses
claim and fourth- party complaint;
(d) The fourth-party, and so forth, if any, shall General Rule: Consolidation applies to cases pending
adduce evidence of the material facts pleaded by before the same judge and not to cases pending in
them; different branches of the same court or different
(e) The parties against whom any counterclaim or courts. This also applies to special proceedings.
cross-claim has been pleaded, shall adduce
evidence in support of their defense, in the order Exception: Whenever appropriate, and in the interest
to be prescribed by the court; of justice, consolidation in different branches of the
(f) The parties may then respectively adduce same or different courts can be effected.
rebutting evidence only, unless the court, for (Bank of Commerce v. Hon. Perlas-Bernabe, G.R. No.
good reasons and in the furtherance of justice, 172393)
permits them to adduce evidence upon their
original case; and 3 WAYS OF CONSOLIDATING CASES:
(g) Upon admission of the evidence, the case shall be (1) Where all except one of several actions are
deemed submitted for decision, unless the court stayed until one is tried, in which case the
directs the parties to argue or to submit their judgment in the one trial is conclusive as to the

others. This is not actually consolidation but is

referred to as such. (quasi-consolidation) General Rule: Trial by commissioner depends largely
(2) Where several actions are combined into one, upon the discretion of the court.
lose their separate identity, and become a single Exception: The following are instances when such
action in which a single judgment is rendered. appointments are mandatory:
This is illustrated by a situation where several (1) Expropriation
actions are pending between the same parties (2) Partition
stating claims which might have been set out (3) Settlement of Estate of a Deceased Person in case
originally in one complaint. (actual of contested claims
consolidation) (4) Submission of accounting by executors or
(3) Where several actions are ordered to be tried administrators
together but each retains its separate character
and requires the entry of a separate judgment. An irregularity in the appointment of a commissioner
This type of consolidation does not merge the must be seasonable raised in the Trial Court where
suits into a single action, or cause the parties to the defect could still be remedied. It could be waived
one action to be parties to the other. by consent of the parties, expressly or impliedly.
(consolidation for trial)
(Republic v. Sandiganbayan, 662 SCRA 152) REFERENCE BY CONSENT
Cases can be consolidated for purposes of a single The court may order any or all of the issues in a case
to be referred to a commissioner to be agreed upon
appeal, and 1 decision can be rendered.
by the parties or to be appointed by the court by
written consent of both parties,.
The Supreme Court can also order the consolidation
of the case with the same parties or issues filed in
different courts of equal jurisdiction. REFERENCE ORDERED ON MOTION
The court may, upon the application of either or of its
own motion, direct a reference to a commissioner in
Courts may render separate judgements on each
the following cases:
claim and must be with jurisdiction of the court.
(a) When the trial of an issue of fact requires the
examination of a long account on either side, in
Q.6. DELEGATION OF RECEPTION OF EVIDENCE which case the commissioner may be directed to
Purpose hear and report upon the whole issue or any
To relieve the judge of some of his judicial functions specific question involved therein;
when it can be entrusted to a responsible officer. (b) When the taking of an account is necessary for
the information of the court before judgment, or
General Rule: The judge must personally receive or for carrying a judgment or order into effect.
resolve evidence of the parties. (c) When a question of fact, other than upon the
pleadings, arises upon motion or otherwise, in
Exception: It may be delegated only if: any stage of a case, or for carrying a judgment or
(1) Delegation may only be made in default or ex order into effect.
parte hearings, or on agreements in writing by
the parties. POWERS OF THE COMMISSIONERS
(2) Reception of evidence shall be made only by the (1) Exercise power to regulate the proceedings
clerk of court who is a member of the bar. before him.
(3) The Clerk shall have no paper to rule on (2) Do all acts and take all measures necessary or
objections to any question, admission of proper for the efficient performance of his
evidence, or exhibits duties.
(4) He shall submit his reports and transcripts of the (3) Swear witnesses
proceedings together with the objections to be (4) Issue subpoenas and subpoenas duces tecum
resolved by the court within 10 days from the (5) Unless otherwise provided in the order of
termination of the hearing. reference.
(6) Rule upon the admissibility of evidence.
Q.7. TRIAL BY COMMISSIONERS (7) Requirement of hearing cannot be dispensed
with.
Commissioner - A person to whom a case pending in
court is referred, for him to take testimony, hear the
FAILURE OF PARTIES TO APPEAR BEFORE THE
parties and report thereon to the court, and upon
COMMISSIONER
whose report, if confirmed, judgment is rendered.
If a party fails to appear at the time and place
appointed, the commissioner may proceed ex parte
The Commissioner may rule upon the admissibility of
or, in his discretion, adjourn the proceedings to a
evidence, unless otherwise provided in the order of
future day, giving notice to the absent party or his
preference.

counsel of the adjournment R. DEMURRER TO EVIDENCE

Disobedience to a subpoena issued by the R.1. GROUND
commissioner is deemed contempt of the court which
appointed the latter After the plaintiff has completed the presentation of
his evidence, the defendant may move for dismissal
Delegation to Clerk of Trial by Commissioner on the ground that upon the facts and the law the
plaintiff has shown no right to relief. (Sec. 5, Rule 30)
Court
Clerk of court must be Commissioner need not
WHEN TO AVAIL
a lawyer be a lawyer
A demurrer to evidence is availed of by the defendant
Clerk of court cannot after the plaintiff has completed the presentation of
Commissioner can rule
rule on objection or
on objections or on his evidence (Sec 1, Rule 33, Rules of Court)
on the admissibility of
admissibility of evidence
evidence
DEMURRER TO EVIDENCE V. MOTION TO
Commissioner can be
Delegation is made appointed even after the DISMISS
during trial case has become final Demurrer to evidence Motion to dismiss
and executory Presented before a
It is presented after
responsive pleading
COMMISSIONER’S REPORT the plaintiff has
(answer) is made by the
rested its case
Upon the completion of the trial or hearing or defendant
proceeding before the commissioner, he shall file The ground is based It may be used on any of
with the court his report in writing upon the matters on insufficiency of those enumerated in
submitted to him by the order of reference. evidence Rule 16
If motion is denied, If the motion is denied,
When his powers are not specified or limited, he shall defendant may defendant may file his
set forth his findings of fact and conclusions of law in present his evidence responsive pleading
his report. If the motion is granted,
If motion is granted,
the complaint is
the complaint is
He shall attach thereto all exhibits, affidavits, dismissed and depending
dismissed. The
depositions, papers and the transcript, if any, of the on the ground, the
remedy of the
testimonial evidence presented before him. complaint may be re-
plaintiff is to appeal
filed
NOTICE TO PARTY
Upon the filing of the report, the parties shall be
notified by the clerk. R.2. EFFECT OF DENIAL
They shall be allowed ten (10) days within which to
signify grounds of objections to the findings of the If the demurrer is denied, the defendant shall have
report, if they so desire. the right to present his evidence. This means that the
denial of the demurrer to evidence does not deprive
Objections to the report based upon grounds which the defendant of the opportunity to adduce evidence
were available to the parties during the proceedings in his behalf.  
before the commissioner, other than objections to the
findings and conclusions therein, set forth, shall not Where a Court denies a demurrer to evidence, it
be considered by the court unless they were made should set the date for the reception of the
before the commissioner defendant’s evidence in chief. It should not proceed
to grant the relief demanded by the plaintiff
HEARING (Northwest Airlines, Inc vs. Court of Appeals)  
Upon the expiration of the period of ten (10) days
referred to in the preceding section, the report shall An order denying a demurrer to the evidence is
be set for hearing, after which the court shall issue an interlocutory and is, therefore, not appealable. It
order adopting, modifying, or rejecting the report in can, however, be the subject of a petition for
whole or in part, or recommitting it with instructions, certiorari in case of grave abuse of discretion or an
or requiring the parties to present further evidence oppressive exercise of judicial authority (Katigbak vs.
before the commissioner or the court (Sec. 11, Rule Sandiganbayan)  
32)
Note: The provisions of the Rules of Court governing
demurrer to evidence does not apply to an election
case (Gementiza vs. COMELEC)

R.3. EFFECT OF GRANT to it in an action or proceeding.
If granted, the case shall be dismissed. Judgment is the result or the dispositive part of the
decision while the opinion gives the grounds for the
decision.
R.4. WAIVER OF RIGHT TO PRESENT EVIDENCE
If the motion is granted but on appeal the order of S.1. REQUISITES OF A VALID JUDGMENT
dismissal is reversed he shall be deemed to have (1) Court or tribunal must be clothed with authority
waived the right to present evidence. (Sec. 5, Rule to hear and determine the matter before it.
30) (2) Court must have jurisdiction over the parties and
the subject matter
(3) Parties must have been given an opportunity to
R.5. DEMURRER IN CIVIL AND CRIMINAL CASES adduce evidence in their behalf
(4) Evidence must have been considered by the
Civil Cases Criminal Cases tribunal in deciding the case
Defendant need not ask May be filed with or (5) It should be in writing, personally and directly
for leave of court without leave of court. prepared by the judge;
Leave of court is
(6) Must state clearly and distinctly the facts and the
necessary so that the
law on which it is based; and
accused could present
his evidence if the (7) It should contain a dispositive and should be
demurrer is denied. signed by the judge and filed with the clerk
If the court finds If the court finds the of court
plaintiff’s evidence prosecution’s evidence (Riano)
insufficient, it will grant insufficient, it will
the demurrer by grant the demurrer by S.2. CONTENTS OF A JUDGMENT
dismissing the complaint. rendering judgment
The judgment of dimsissal acquitting accused. FORM OF JUDGMENT
is appealable by the Judgment of acquittal (1) in writing
plaintiff. If plaintiff is not appealable;
(2) personally and directly prepared by the judge
appeals and judgment is double jeopardy sets
(3) stating clearly and distinctly the facts and the
reversed by the appellate in.
court, it will decide the law on which it is based
case on the basis of the (4) signed by the judge
plaintff’s evidence with (5) filed with the clerk of court
the consequence that the
defendant already loses PARTS OF A JUDGMENT
his right to present
(1) Body - opinion of the court; Findings of fact and
evidence; no res judicata
in dismissal due to
conclusions of law
demurrer. (2) Disposition of the case
The court denies If the court denies the (3) Signature of the judge
demurrer; defendant will demurrer:
present his evidence. (1) if demurrer was WHERE THERE IS CONFLICT BETWEEN
with leave, THE DISPOSITIVE AND THE BODY
accused may
present evidence General Rule: Dispositive controls irrespective of
(2) If demurrer was what appears in the body of the decision.
without leave, Exception: Unless it clearly shows that there was a
accused can no mistake in the dispositive portion or explicit
longer present his settlement of the issue in the body thereof.
evidence and
submits the case Period within which decision is to be rendered
for decision based Court Period
on the Supreme Court 24 months
prosecution’s Lower collegiate court 12 months
evidence
All other lower courts 3 months
S. JUDGMENTS AND FINAL ORDERS S.3. KINDS OF JUDGMENT

JUDGMENT
Final consideration and determination by a court
(1) JUDGMENT ON COMPROMISE
of the rights of the parties, upon matters submitted judgment rendered by the court on the basis of a

compromise agreement entered into between the (Sec. 5, Rule 36)

parties to the action (Diamond Builders v. Country
Bankers Corp, 540 SCRA 194) (10) MEMORANDUM DECISION
one rendered by an appellate court and incorporates
(2) JUDGMENT UPON CONFESSION
by reference the findings of fact and conclusions of
(COGNITIVE ACTIONEM) law contained in the decision or order under review
one rendered by the court when a party expressly (Riano)
agrees to the other party’s claim or acknowledges
the validity of the claim against him (Riano) Note: Although permitted, the appellate court must
make full findings of fact and conclusions of law on its
(3) JUDGMENT UPON THE MERITS own (Ong Chia Kwan v. CA, 345 SCRA 586)
one rendered after consideration of the evidence

submitted by the parties during the trial of the case.
Note: A judgment is “on the merits” when it amounts
S.4. JUDGMENT WITHOUT TRIAL
to a legal declaration of the respective rights and Trial is not necessary in the following instances:
duties of the paries, based upon the disclosed facts. (1) Judgment on the Pleadings
(Riano) (2) Summary Judgment
(3) Upon compromise or amicable settlement, either
(4) CLARIFICATORY JUDGMENT during pre-trial or during trial
(4) Dismissal with prejudice
one rendered to clarify an ambiguous judgment or one
(5) Under the Rules on Summary Procedure
difficult to comply with.
(6) Agreed statement of facts
(5) JUDGMENT NUNC PRO TUNC
(LITERALLY, “NOW FOR THEN”)
S.5. JUDGMENT ON THE PLEADINGS
intended to enter into the record the acts which had
already been done, but which do not appear in the A judgment rendered by the court if the answer fails
records. (Lichauco v. Tan Pho, 51 Phil. 682) to tender an issue or otherwise admits the material
allegation of the adverse party’s pleading. (Sec. 1,
(6) JUDGMENT SIN PERJUICIO Rule 34)
Note: It will not apply when no answer is filed.
a brief judgment containing only the dispositive
portion, without prejudice to the making of a more GROUNDS
extensive discussion of the findings of fact and law to
support it. This is not actually a final decision, should This is upon motion of the Plaintiff, and no
be avoided and should not be looked with favor. introduction of evidence is needed. But, may also be
(Director of Lands v. Sanz, 45 Phil 117) filed by the defendant on his counter claim where the
answer to his counterclaim:
It also refers to a dismissal of a case without prejudice (1) fails to tender the issue
to it being re-filed. (Riano) (2) admits the material allegation of the Plaintiff
(7) CONDITIONAL JUDGMENT An answer failed to tender an issue when the material
allegations of the other party are admitted or not
one the effectivity of which depends upon the specifically denied by the pleader. Under the rules,
occurrence or the non-occurrence of an event. Such a material allegations of the complain not specifically
judgment is generally void because of the absence of denied are deemed admitted (Rule 11, Sec. 8)
a disposition. (Cu-Unjieng v. Mabalacat Sugar Co., 70
Phil. 384) General rule: Judgment on the Pleadings can be done
only upon motion to that effect filed by the Claimant.
(8) SEVERAL JUDGMENT It cannot be rendered by the court motu proprio.
one rendered by a court against one or more
defendants, but not against all of them, leaving the Exception: If at pre-trial the court finds that a
action to proceed against the others (Sec. 4, Rule 36) judgment on the pleading is proper, it may render
such judgment motu proprio (Rule 18, Sec 2(g))
(9) SEPARATE JUDGMENT
EFFECTS
one rendered disposing of a claim among several
others presented in a case, after a determination of (1) Plaintiff/ Claimant
the issues material to a particular claim and all Plaintiff, by moving for judgement on pleadings,
counterclaims arising out of the transaction or is not deemed to have admitted irrelevant
occurrence that is the subject matter of said claim. allegation in Defendant's answer.

(2) to collect a debt

Plaintiff waives his claim for unliquidated (3) for declaratory relief
damages
Before the Defendant has answered or moved for
One who prays for judgment on the summary judgment, Plaintiff may, as a matter of
pleadings without offering proof as to the truth right and without order of court, File a Notice of
of his own allegations and without giving the Dismissal at any time before such answer or
opposing party an opportunity to introduce motion, without prejudice or without prejudice
evidence, must be understood to ADMIT all where:
MATERIAL and RELEVANT ALLEGATIONS of the (1) the notice states so,
opposing party and to rest his motion for (2) two-dismissal rule, i.e., Plaintiff had previously
judgment on those allegations taken together dismissed the same case in a court of Competent
with such of his own as are admitted in jurisdiction
the pleadings. (3) even if the notice does not so provide it is
premised on fact of payment by the defendant of
(2) Defendant the claim involved.
Defendant is not deemed to have admitted
allegations of damages in the complaint so no
award of damages without any proof. Who may file
When
the motion
WHEN JUDGMENT ON THE PLEADINGS Any time after the pleading in
NOT APPLICABLE answer thereto has been
Claimant served.
Material facts alleged in the complaint must always
be proved in
(1) Declaration of nullity of marriage (Sec. 1, Rule 35)
(2) Annulment of marriage Anytime.
(3) Legal separation (Sec. 1, Rule 34) Defendant
(Sec. 2, Rule 35)
Note: When no answer is filed, the remedy is to move
the defendant to be declared in default. WHEN THE CASE NOT FULLY
ADJUDICATED
In case of insufficiency of facts, the proper remedy is
amendment. The court at the hearing of the motion, by examining
the pleadings and the evidence before it and by
interrogating counsel shall ascertain what material
facts exist without substantial controversy and what
S.6. SUMMARY JUDGMENTS
are actually and in good faith controverted.
Also called “accelerated judgment”
It shall thereupon make an order specifying the facts
One, which is rendered by the court on motion of a that appear without substantial controversy,
party, either of the plaintiff or the defendant where including the extent to which the amount of damages
there is actually no genuine issue between the parties or other relief is not in controversy, and directing
(Riano) such further proceedings in the action as are just. The
facts so specified shall be deemed established, and
WHEN PROPER the trial shall be conducted on the controverted facts
accordingly.
Summary Judgment is proper only when there is
(Sec. 4, Rule 35)
clearly no genuine issue as to any material fact in
the action. If there is any question or controversy
upon and question of fact, there should be a trial on
BASES OF SUMMARY JUDGMENT
the merits. (1) Affidavits made on personal knowledge
(2) Depositions of the adverse party or a third-party
GENUINE ISSUE under Rule 233.
(3) Admissions of the adverse party under Rule26.
An issue of fact which call for the presentation of
(4) Answers to interrogatories under Rule 25; all
evidence. It is an issue of fact which requires the
intended to show that:
presentation of evidence as distinguished from a
(a) There is no genuine issue as to any material
sham, fictitious, contrived or false claim.
fact, except damages which must always
be proved; and
PROPER ONLY IN AN ACTION (b) The movant is entitled to a judgment as
(1) for a liquidated sum of money matter of law.

Judgment on
Summary Judgement
FORM OF AFFIDAVITS AND SUPPORTING Pleadings
PAPERS Generally available Available to both
only to the plaintiff, plaintiff and defendant
(1) Made on personal knowledge unless the defendant
(2) Shall set forth such facts as would be admissible presents a
in evidence counterclaim
(3) Shall show affirmatively that the affiant is Judgment on the May be interlocutory or
competent to testify to the matters stated merits on the merits
therein
ATTACHMENTS
Certified true copies of all papers or parts thereof S.8. RENDITION AND FINAL ORDERS
referred to in the affidavit shall be atacked thereon RENDITION OF JUDGMENT
or served therewith.
Filing of the signed decision with the clerk of court
AFFIDAVITS IN BAD FAITH and not pronouncement in open court is that which
Affidavits presented under this rule which appear to constitutes rendition of judgment. (Riano)
the court at any time as presented in bad faith or
solely for the purpose of delay. If decision is sent by the judge by registered mail, it
is considered fild in court as of the date of its receipt
EFFECTS OF PRESENTING AFFIDAVITS IN BAD by the clerk and not the date of its posting or mailing.
FAITH
(1) Court shall order the offending party or counsel Memorandum decisions may adopt by reference the
to pay the other party - amount of reasonable findings of fact and conditions of law contained in the
expenses which the filing of the affidavits caused Trial Court decision.
him to incur, including attorney’s fees
(2) Court may adjudge the offending party or counsel General Rule: Validity of Judgment or order of a
guilty of contempt, after hearing court cannot be collaterally attacked.
Exception: If attacked on the ground of:
(a) lack of jurisdiction
S.7. JUDGMENT ON THE PLEADINGS V. SUMMARY (b) irregularity of its entry apparent from the
JUDGMENT face of the record
Judgment on
Summary Judgement Where judgment is ambiguous and difficult to comply
Pleadings
with, the remedy is to file a motion for clarificatory
Proper when it appears Proper even when there
relief. The Court may correct the clerical error even
that there is no issue is an issue as to damages
after finality.
between the parties. recoverable
Based exclusively upon Based not only on the

the pleadings without pleadings but also on S.9. ENTRY OF JUDGMENT
introduction of affidavits, depositions, Entry - the physical act performed by the clerk of
evidence. and admissions of parties court in entering the dispositive portion of the
showing that, except as judgment in the book of entries of judgment after the
to the amount of same has become final and executory.
damages, there is no
genuine issue. The clerk of court:
(1) Keeps a judgment book containing a copy of each
Available in any action Only in actions to recover judgment of court in the order of their dates.
except annulment of a debt, or for liquidated (2) Keeps a book of entries of judgment containing
marriage or legal sum of money, or for at length in chronological order entries of all final
separation where it declaratory relief. judgment or orders of the court.
must always be
proved. The record shall:
Subject only to the 3 Requires prior 10-day (1) Contain the dispositive portion of the judgment
day notice rule and notice rule. or final order
where all the material (2) Signed by the clerk of court
averments of the (3) With a certificate by said clerk that the judgment
complaint are has already become final and executory
admitted, motion may
be made ex parte.

RULE ON IMMUTABILITY OF JUDGMENT

General Rule: Final judgments are unalterable even
if the modification is meant to correct erroneous
conclusions of fact and law and even if made by the
highest court.
Exception:
(1) Correction of clerical errors
(2) Nunc Pro Tunc entries which cause prejudice to
any party
(3) Void judgments
(4) Whenever circumstances transpire after finality
making the execution unjust and inequitable.
Remedies against judgments or final orders

Before finality After Finality
(1) Motion for New (a) Relief from
trial judgment or final
(2) Motion for order
reconsideration (b) Annulment of
(3) Appeal judgment
(c) Petitioner for
certiorari
S.10. AMENDED JUDGMENT/ CLARIFIED

The court makes a thorough study of the original
judgment and renders the amended and clarified
judgment only after considering all the factual and
legal issues. It is an entirely new decision which
supersedes the original.
It does not take place or extinguish the original

decision but only serves to bolster or add something
to the primary decision
Grant of petition of certiorari is not a matter of right

but to the discretion of the court, so there is no need
to fully explain denial of it.

T. POST JUDGMENT REMEDIES

T.1. MOTION FOR NEW TRIAL OR RECONSIDERATION
NEW TRIAL (NT) RECONSIDERATION (MR)
Note that these remedies are filed only when the judgment is NOT YET FINAL.
(1) Fraud, accident, mistake or excusable
negligence (FAMEN)
which ordinary prudence could not have
guarded against and by reason of which such
(a) the damages awarded are excessive
aggrieved party has probably been impaired in
(b) the evidence is insufficient to justify
his rights; or
Grounds the decision or final order
(c) the decision or final order is contrary to
(2) Newly discovered evidence
law44
which he could not, with reasonable diligence,
have discovered and produced at the trial, and
which if presented would probably alter the
result.43
Filed in trial Court:
within the period for taking an appeal
When to
Within the period for taking an appeal Filed in Court of Appeals:
file
at any time after the appeal from the lower
court has been perfected and before the
Court loses jurisdiction over the case.
The original judgment or final order shall be
vacated and the action shall stand for trial de
novo45 . The recorded evidence taken upon the
Effect of Amend such judgment or final order
former trial, insofar as the same is material and
grant accordingly.47
competent to establish the issues, shall be used at
the new trial without retaking the same.46
There is a fresh period of fifteen (15) days from receipt or notice of the order denying or
Effect of
dismissing the motion for reconsideration within which to file a notice of appeal of the judgment
denial
or final order
File for a second motion for new trial (within the
The movants has a fresh period of fifteen
period allowed but excluding the time during which
Remedy 48 (15) days from receipt or notice of the
the first motion has been pending)
when order denying or dismissing the motion for
If further denied, appeal from the judgment or the
denied reconsideration within which to file a notice
final order within the fresh period of fifteen (15)
49 of appeal of the judgment or final order
days
43
Rule 37, Sec.1, Rules of Court
44
Ibid.
45
TRIAL DE NOVO means a new trial in the same manner, with the same effect, and upon the issues as the case was tried in the lower court, in
accordance with rules of practice in the appellate court (People v. Benigno Lingad Y Vito, G.R. No. L-10952, May 30, 1958)
46
Rule 37, Sec. 6, Rules of Court
47
48
49

[F-A-M-E] PARTIAL NEW TRIAL

FRAUD
If the Court finds that the motion affects the issues of
Must be extrinsic fraud. Extrinsic farud connotes any the case as to only a part, or less than all of the
fraudulent scheme executed by the prevailing party matter in controversy, or only one, or less than all, of
outside the trial against the missing party who the parties to it, the court may order a new trial or
because of such fraud is prevented from presenting grant reconsideration as to such issues if severable
his side of the case. without interfering with the judgment or final order
upon the rest53.
ACCIDENT
SECOND MR AND NT
An event that takes place without one’s foresight or
expectation In Motion for Reconsideration,
General rule: There is “single motion rule” where a
MISTAKE party is not allowed to file a second motion for
reconsideration of a judgment or final order54.
Generally refers to mistakes of fact or law where, in
Exception: HOWEVER, if the motion for
good faith, the defendant was mislead in the case.
reconsideration is directed to an interlocutory order,
a second motion for reconsideration is allowed.
EXCUSABLE NEGLIGENCE
The failure to take the proper steps at the proper In Motion for New Trial, a second motion is allowed
time at the proper time, not in consequence of including all grounds available otherwise deemed
party’s own carelessness, inattention, or willful waived. It may be filed within the period allowed but
disregard of the process of the unavoidable hidrance excluding the period by which the first motion was
or accident, or on reliance on the care and vigilance pending.55
of his counsel or on promises made by the adverse
party.50 CAN MR AND NT BE APPEALED
Denial of motion for new trial and reconsideration are
Note: The negligence must be excusable and not appealable. Neither can these be subject for
generally imputable to the party because if it is Certiorari under Rule 6556.
imputable to the counsel, it is binding ton the client.51
FRESH PERIOD OF 15 DAYS
General Rule: Mistakes of counsel as to the
Based on the foregoing, an appeal should be taken
competency of witnesses, the sufficiency and
within 15 days from the notice of judgment or final
relevancy of evidence, the proper defense, or the order appealed from. To standardize the appeal
burden of proof, his failure to introduce certain
periods provided in the Rules and to afford litigants
evidence, or to summon witnesses and to argue the fair opportunity to appeal their cases, the Court
case, are not proper grounds for a new trial.
deems it practical to allow a fresh period of 15 days
within which to file the notice of appeal in the
Exception: HOWEVER, if the incompetence of counsel
Regional Trial Court, counted from receipt of the
be so great that his client is prejudiced and prevented order dismissing a motion for a new trial or motion for
from fairly presenting his case, motion for new trial
reconsideration. [Neypes vs. Court of Appeals, 469
may be allowed.52 SCRA 633(2005)]
REQUISITES OF NEWLY DISCOVERED
EVIDENCE T.2. APPEALS
(1) That such evidence has been discovered after
trial;
GENERAL PRINCIPLES
(2) That it could have not been discovered or The general rule is that the remedy to obtain reversal
produced at the trial even with the exercise of or modification of judgment on the merits is appeal.
reasonable diligence; This is true even if the error, or one of the errors,
(3) That it is material and not merely collateral, or ascribed to the court rendering the judgment is its
cumulative, or corroborative or merely lack of jurisdiction over the subject matter, or the
impeaching a witness; exercise of power in excess thereof, or grave abuse of
(4) If presented, it would probably alter the result. discretion in the findings of facts or of law set out in
the decision.57
50 54
p. 212, Remedial Law, Vol. II, by Herrera. Supra Note. 7
51 55
Id Ibid.
52 56
Palanca vs. American Food, 24 SCRA 819 A.M. No.07-7-12-SC amending Rule 41 of the Rules of Court
57
Association of Integrated Security Force of Bislig (AISFB)-ALU vs.
Court of Appeals, 467 SCRA 483(2005)
53

(a) No trial de novo anymore. 58 MATTERS NOT APPEALABLE

(b) There can be no new parties;
(c) There can be no change of theory;59 No appeal may be taken from:
(1) An order denying a motion for new trial or
(d) There can be no new matters;60
(e) There can be amendments of pleadings to reconsideration;
(2) An order denying a petition for relief or any
conform to the evidence submitted before the
trial court;61 similar motion seeking relief from judgment;
(3) An interlocutory order;
(f) The liability of solidarity defendant who did not
appeal is not affected by appeal of solidarity (4) An order disallowing or dismissing an appeal;
(5) An order denying a motion to set aside a
debtor;62
judgment by consent, confession or compromise
on the ground of fraud, mistake or duress, or any
Appeal by guarantor does not inure to the principal;63
other ground vitiating consent;
In ejectment cases, the RTC cannot award to the (6) An order of execution;
(7) A judgment or final order for or against one or
appellant on his counterclaim more than the amount
of damages beyond the jurisdiction of the MTC;64 more of several parties or in separate claims,
counterclaims, cross-claims and third-party
The appellate court cannot dismiss the appealed case complaints, while the main case is pending,
unless the court allows an appeal therefrom; and
for failure to prosecute because the case must be
decided on the basis of the record.65 (8) An order dismissing an action without prejudice.
(Sec. 1, Rule 41)
JUDGMENTS AND FINAL ORDERS
REMEDY AGAINST JUDGMENTS AND
SUBJECT TO APPEALS
ORDERS WHICH ARE NOT APPEALABLE
INTERLOCUTORY ORDERS VS. JUDGMENT OR
FINAL ORDERS In all the above instances where the judgment or final
Interlocutory orders refer to something between the order is not appealable, the aggrieved party may file
commencement and the end of the suit which decides an appropriate special civil action under Rule 65
some point or matter, but it is not a final decision of (Sec. 1, Rule 41)
the whole controversy.
FINAL JUDGMENT RULE
Final judgment or order is one that finally disposes An appeal may be taken from a judgment or final
of, adjudicates or determines the rights, or some order that completely disposes of the case, or of a
rights of the parties, either on the entire controversy particular matter therein when declared by these
or some definite and separate branch thereof, and Rules to be appealable. (Sec. 1, Rule 41)
which concludes them until it is reversed or set aside.
The aggrieved party may file an appropriate special
civil action under Rule 65. (Sec. 1, Rule 41)
58 61
The appellate courts must decide the case on the basis of the Dayao vs. Shell, 97 SCRA 407
62
record, except when the proceedings were not duly recorded as Mun. of Orion vs. Concha, 50 Phil. 679
63
when there was absence of a qualified stenographer (Sec. 22[d], Luzon Metal vs. Manila Underwriter, 29 SCRA 184
64
BP 129; Rule 21[d], Interim Rules) Agustin vs. Bataclan, 135 SCRA 342
59 65
Naval vs. CA, 483 SCRA 102 Rule 21, Interim Rules
60
Ondap vs. Aubga, 88 SCRA 610

MODES OF APPEAL
Petition for Review on
Ordinary appeal Petition for Review
Certiorari
Rule 40; 41 42; 43 45
The appeal to the CA in cases decided by the RTC in
the exercise of its original jurisdiction shall be taken
by filing a notice of appeal with the court that The appeal to the In all cases where only
rendered the judgment or final order appealed from CA in cases decided questions of law are
Court and serving a copy thereof upon the adverse party. by the RTC in the raised or involved, the
Filed No record on appeal shall be required except in exercise of its appeal shall be to the
special proceedings and other cases of multiple or appellate SC by petition for
separate appeals where the law or the Rules so jurisdiction review on certiorari
require. In such cases, the record on appeal shall be
filed and served in like manner.
questions of fact,
Issues law, or both purely questions of
questions of fact or both questions of fact and law
Raised questions of fact law
and law
ISSUES TO BE RAISED ON APPEAL

Issues to be raised on Appeal
Ordinary Appeal Questions of fact or mixed questions of fact and law
Petition for Review Questions of fact, of law or mixed questions of fact and law.
Petition for Review on Certiorari purely questions of law
Whether or not the appellant has filed a motion for new trial in the court below he may include in his assignment of
errors any question of law or fact that has been raised in the court below and which is within the issues framed by
the parties. (Sec. 15, Rule 44)
DIFFERENCE BETWEEN PETITION FOR CERTIORARI UNDER RULE 45 AND 65

Distinction between Rule 45 and Rule 65
Rule 45 Appeal by Certiorari Rule 65 Original Action for Certiorari
Grave abuse of discretion amounting to
Issues Raised Questions of law
lack or excess of jurisdiction
Directed against an interlocutory order of
the court prior to appeal from the
Against what court Review of the judgment, award or final
judgment, or where there is no appeal or
action directed order on the merits
any other plain speedy and adequate
remedy
Not later than 60 days from notice of
Reglementary Must be filed within the reglementary period
judgment, order or resolution sought to
period for appeal
be assailed
Judgment, award or order appealed from is No effect (i.e., proceedings below
Effect on the stayed by the appeal except for judgements continue) unless a writ of preliminary
proceedings below declared immediately executory and shall injunction or a temporary restraining
not be stayed by an appeal taken therefrom. order had been issued
Original parties to the action remain the The parties are the aggrieved party
same during appeal (albeit with the against the lower court/quasi-judicial
Parties involved corresponding appellation of appellant and agency and the prevailing parties, who
appellees), the lower court or quasi-judicial thereby respectively become the
agency is not to be impleaded petitioner and the respondents
Requirement of Motion for reconsideration is a condition
For purposes of appeal, Motion for
motion for precedent subject only to certain
reconsideration is not required
reconsideration exceptions
Higher court exercises original
Exercise of The Appellate Court exercises its appellate jurisdiction under its power of control
jurisdiction jurisdiction and power of review and supervision over the proceedings of
lower courts.

PERIOD OF APPEAL
Period of Appeal
Within 15 days after notice to the appellant of the judgment or final order appealed from.
Ordinary Appeal
under Rule 40 Where a record on appeal is required, the appellant shall file a notice of appeal and a
record on appeal within 30 days after notice of the judgment or final order.
Within 15 days from notice of the judgment or final order appealed from.
Where a record on appeal is required, the appellants shall file a notice of appeal and a
Ordinary Appeal
record on appeal within 30 days from notice of the judgment or final order.
under Rule 41
However, an appeal in habeas corpus cases shall be taken within 48 hours from notice of
the judgment or final order appealed from.
Within 15 days from notice of the decision

Petition for Review
sought to be reviewed or of the denial of petitioner‘s motion for new trial or
under Rule 42
reconsideration filed in due time after judgment
Within 15 days from notice of the award, judgment, final order or resolution, or
Petition for Review from the date of its last publication66 or of the denial of petitioner‘s motion for new
under Rule 43 trial or reconsideration duly filed in accordance with the governing law of the court or
agency a quo.
Petition for Review Within 15 days from notice of the judgment, final order or resolution appealed from, or
on Certiorari under within 15 days from notice of the denial of the petitioner‘s motion for new trial or motion
Rule 45 for reconsideration filed in due time
PERFECTION OF APPEAL
Perfection of Appeal
(a) By notice of appeal - upon the filing of the notice of appeal in due time;69
(b) By record on appeal - upon the approval of the record on appeal filed in due time;
For Ordinary Appeals
from MTC to the In either case, prior to the transmittal of the original record or the record on appeal,
RTC67 and from the the court may issue orders for the protection and preservation of the rights of the
RTC to the CA.68 parties which do not involve any matter litigated by the appeal, approve compromises,
permit appeals of indigent litigants, order execution pending appeal in accordance
with Sec. 2, 70 Rule 39, and allow withdrawal of the appeal.
Perfection of Appeal
by Petition for Review Upon the timely filing of a petition for review and the payment of the corresponding
under Rule 42.71 docket and other lawful fees
66
if publication is required by law for its effectivity
67
Rule 40
68
Rule 41
69
In appeals by notice of appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed
in due time and the expiration of the time to appeal of the other parties.
70
(a) Execution of a judgment or final order pending appeal.— On motion of the prevailing party will notice to the adverse party filed in the trial
court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the
time of the filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the
period to appeal.
After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court.
Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.
(b) Execution of several, separate or partial judgments.— A several separate or partial judgment may be executed under the same terms and conditions
as execution of a judgment or final order pending appeal.
71
Sec.8

PARTICIPATION OF THE SOLICITOR Note: A record on appeal shall be required only in

GENERAL special proceedings and in other cases of multiple or
separate appeals.
The Office of the Solicitor General shall represent the
Government of the Philippines, its agencies and
CONTENTS OF NOTICE OF APPEAL. 
instrumentalities and its officials and agents in any
litigation, proceeding, investigation or matter The following shall be specified:
requiring the services of lawyers. (Section 35(1), (1) Parties to the appeal;
Chapter 12, Title III of Book IV of the 1987 (2) Judgment or final order or part thereof appealed
Administrative Code) from;
(3) The court to which the appeal is being taken; and
APPEAL FROM JUDGMENTS OR FINAL (4) The material dates showing the timeliness of the
ORDERS OF THE MTC appeal. (Sec. 5, Rule 41)
Where: May be taken to the RTC exercising CONTENTS OF RECORD ON APPEAL

jurisdiction over the area to which the former
pertains. (1) Full names of all the parties to the proceedings
shall be stated in the caption of the record;
Note: Where the MTC dismisses a case for lack of (2) Specify the judgment or final order from which
jurisdiction and such dismissal is appealed to the RTC, the appeal is taken;
should the latter affirm the dismissal and if it has (3) In chronological order, include copies of only
jurisdiction over the subject matter, the RTC is such pleadings, petitions, motions and all
obliged to try the case as if it were originally filed interlocutory orders as are related to the
with it. appealed judgment or final order.
(4) Data that will show that the appeal was
How: The appeal is taken by filing a notice of appeal perfected on time.
with the court that rendered the judgment or final (5) If an issue of fact is to be raised on appeal, the
order appealed from. record on appeal shall include by reference all
the evidence, testimonial and documentary,
The title of the case shall remain as it was in the court taken upon the issue involved.
of origin, but the party appealing the case shall be (6) Every record on appeal exceeding twenty (20)
further referred to as the appellant and the adverse pages must contain a subject index. (Sec. 6, Rule
party as the appellee. 41)
NOTICE OF APPEAL VS RECORD ON APPEAL

Distinction between
Notice of Appeal Record on Appeal
Appeal is Upon the approval of the record on appeal filed
Upon the filing of the notice of appeal in
deemed in due time with respect to the subject matter
due time
perfected thereof.
The Court loses jurisdiction over the case The Court loses jurisdiction only over the subject
Effect of a
upon the perfection of the appeal filed in matter thereof upon approval of the records on
perfected
due time and the expiration of the time to appeal filed in due time and the expiration of the
appeal
appeal of the other parties. time to appeal of the other parties.
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE RTC

How:
(1) Ordinary Appeal from the judgment or final order of the RTC in the exerciseof its original jurisdiction. (Rule 41)
(2) Petition for Review from the judgment or final order of the RTC to the CA in cases decided by the RTC in the
exercise of its appellate jurisdiction (Rule 42)
(3) Petition for Review on Certiorari. (Rule 45)
MODES OF APPEAL FROM CASES IN THE RTC

Ordinary appeal Petition for Review Petition for Review on Certiorari
Rule 41 42 45

Ordinary appeal Petition for Review Petition for Review on Certiorari

Petition for review with the
Where Appealed to the CA Appealed to the SC
CA
File a verified petition for review on
File a notice of appeal or File a verified petition for
certiorari with the SC. Pay the
a record on appeal with review with the CA. Pay the
How docket fees. Submit proof of service
the RTC and give a copy to docket fees. Give RTC and
of a copy to the lower court and
the adverse party. adverse party a copy of such.
adverse party.
15 days from notice of 5 days from notice of order,
Period to order (notice of appeal) 30 15 days from notice or from judgment, publication or denial of
file days from notice of order the denial of a MR or NT MR or NT
(record on appeal.
Verified No Yes Yes
1st Extension: 15 days (but
30 day extension
with payment of fees)
Motion to No extension for MNT/MR Note:
Extend only for justifiable reasons
2nd Extension: 15 days (for
compelling reasons only)
(1) Full name of parties 
(2) Material dates rule (1) Full name of parties
(1) Parties to the appeal. (3) Statement of matters (2) Material dates rule
(2)  judgment / order involving a question of (3) Statement of matters involving
appealed from law or fact, or both a question of law or fact, or
(3) material dates rule d. (4) duplicate original or true both
Contents
copies of relevant copies of the judgment/ (4) duplicate original or true copies
pleadings (record on order of the judgment/ order
appeal) (5) Certification against (5) Certification against forum-
forum- shopping shopping
(6) proof of service to
parties.
If the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant
a reversal or modification of the appealed decision, it may accordingly give due course to the petition.
APPEAL FROM JUDGMENTS OR FINAL

ORDERS OF THE CA REVIEW OF FINAL JUDGMENTS OR
FINAL ORDERS OF THE COA
Where: Shall be taken to the SC where the petition
shall raise only questions of law distinctly set forth. Where: May be brought to the SC on certiorari under
Rule 65 by filing the petition within 30 days from
APPEAL FROM JUDGMENTS OR FINAL notice.
ORDERS OF THE CTA
REVIEW OF FINAL JUDGMENTS OR
Where: If a party is adversely affected by a resolution
FINAL ORDERS OF THE COMELEC
of a Division of CTA on a motion for reconsideration
or new trial, he may file a petition for review with the Where: May be brought to the SC on certiorari under
CTA en banc.  Rule 45 by filing the petition within 30 days from
notice.
If a party is adversely affected by a decision or ruling
of the CTA en banc, he may file with the SC a verified Rule 64 covers review of judgments and final orders
petition for review on certiorari pursuant to Rule 45. or resolutions of the COMELEC and COA but the mode
of review is done following the rules on certiorari
Note: No civil proceeding involving matters arising under Rule 65. Rule 65 provides for the remedy when
under the NIRC, the TCC or the Local Government a tribunal, board or officer exercising judicial, quasi
Code shall be maintained, except as herein provided, judicial functions has acted without or in excess of its
until and unless an appeal has been previously filed jurisdiction and there is no appeal, nor any plain,
with the CTA and disposed of in accordance with the speedy and adequate remedy in the ordinary course
provisions of the Act (Sec. 11, R.A. 9282) of law.
ü Rule 64- 30 days from notice of the judgment,

order or resolution. with the Court of Appeals on the judgments

ü Rule 65- 60 days from notice of the judgment, or final orders of the following:
order or resolution. (a) Court of Tax Appeal and quasi-judicial agencies
in exercise of their quasi-judicial functions:
REVIEW OF FINAL JUDGMENTS OR (b) Civil Service Commission
FINAL ORDERS OF THE CSC (c) Central Board of Assessment Appeals
(d) Securities and Exchange Commission
Where: May be taken to the CA under Rule 43. (e) Office of the President, Land Registration
Authority
REVIEW OF FINAL JUDGMENTS OR (f) Social Security Commission
FINAL ORDERS OF THE OMBUDSMAN (g) Civil Aeronautics Board,
(h) Bureau of Patents, Trademarks and Technology
Where: In administrative disciplinary actions, the
Transfer,
appeal should be brought to the CA under Rule 43.
(i) National Electrification Administration,
(j) Energy Regulatory Board,
But in cases in which it is alleged that the Ombudsman
(k) National Telecommunications Commission,
has acted with grave abuse of discretion amounting to
(l) Department of Agrarian Reform under Republic
lack or excess of jurisdiction, a special civil action of
Act No. 6657,
certiorari under Rule 65 may be filed with the SC to
(m) Government Service Insurance System,
set aside the Ombudsman’s order or resolution.
(n) Employees Compensation Commission,
Agricultural Invention Board, Insurance
In criminal or non-administrative case, the ruling of
Commission, Philippine Atomic Energy
the Ombudsman shall be elevated to the SC by way of
Commission, Board of Investments, Construction
Rule 65.
Industry Arbitration Commission, and voluntary
arbitrators authorized by law. (Sec. 1, Rule 43)
The SC‘s power to review over resolutions and orders
of the Office of the Ombudsman is restricted on to
Excluding: judgments or final order issued under the
determining whether grave abuse of discretion has
Labor Code of the Philippines such as the NLRC. In
been committed by it.
such cases, Rule 65 or petition for certiorari shall be
the remedy to elevate the case to the CA. (Sec. 2,
Note: The Court is not authorized to correct every
Rule 43) (St. Martin Case, Doctrine of judicial
error or mistake of the Office of the Ombudsman
hierarchy)
other than grave abuse of discretion.
DISMISSAL, REINSTATEMENT, AND
REVIEW OF FINAL JUDGMENTS OR
WITHDRAWAL OF APPEAL
FINAL ORDERS OF THE NLRC
An appeal may be dismissed by the Court of Appeals,
Where: Promptly move for the reconsideration of the
on its own motion or on that of the appellee, on the
decision and if denied, to timely file a special civil
following grounds: (Sec. 1, Rule 50)
action of certiorari under Rule 65 within 60 days from
(a) Failure of the record on appeal to show on its face
notice of the decision.
that the appeal was taken within the period fixed
by these Rules;
The petition for certiorari should be filed in the CA.
(b) Failure to file the notice of appeal or the record
on appeal within the period prescribed by these
REVIEW OF FINAL JUDGMENTS OR Rules;
FINAL ORDERS OF THE OP (c) Failure of the appellant to pay the docket and
Where: May be taken to the CA under Rule 43. other lawful fees as provided in section 5, Rule 40
and section 4 of Rule 41; (Bar Matter No. 803, 17
REVIEW OF FINAL JUDGMENTS OR February 1998)
(d) Unauthorized alterations, omissions or additions
FINAL ORDERS OF QUASI-JUDICIAL in the approved record on appeal as provided in
AGENCIES section 4 of Rule 44;
Where: Required to be brought to the CA under the (e) Failure of the appellant to serve and file the
requirements and conditions set forth in Rule 43. required number of copies of his brief or
memorandum within the time provided by these
Note: May be taken to the CA whether the appeal Rules;
involves a question of fact, a question of law, or (f) Absence of specific assignment of errors in the
mixed questions of fact and law. appellant's brief, or of page references to the
record as required in section 13, paragraphs (a),
HOW TO APPEAL (c), (d) and (f) of Rule 44;
Through a verified petition, appeal shall be taken (g) Failure of the appellant to take the necessary
steps for the correction or completion of the

record within the time limited by the court in its T.3. RELIEFS FROM JUDGMENT, ORDERS AND OTHER
order;
(h) Failure of the appellant to appear at the PROCEEDINGS
preliminary conference under Rule 48 or to comply RATIONALE
with orders, circulars, or directives of the court After the time for filing a motion for new trial or
without justifiable cause; and reconsideration and for appeal has lapsed, the
(i) The fact that the order or judgment appealed aggreived party still has one remedy left by which he
from is not appealable may have the issuing court modify or reverse its
judgment or final order and this is by a petition for
WHEN TO WITHDRAW relief under Rule 38.72
An appeal may be withdrawn as of right at any time
before the filing of the appellee's brief. Thereafter, Note: Petition for relief from judgment is not
the withdrawal may be allowed in the discretion of available remedy in the Court of Appeals and Supreme
the court. (Sec. 3, Rule 50) Court.73
DUAL FUNCTION OF APPELLATE COURTS PURPOSE

An appellate court serves a dual function. The first is It is a legal remedy whereby a party seeks to set aside
the review for correctness function, whereby the case a judgment rendered against him by a court whenever
is reviewed on appeal to assure that substantial he was unjustly deprived of a hearing or was
justice has been done. The second is the institutional prevented from taking an appeal, in either case,
function, which refers to the progressive because of FAME.74
development of the law for general application in the
judicial system. Note: When a party has another remedy available to
(A.M. No. CA-13-51-J) him, which may be either a motion for new trial or
appeal from an advrse decision of the trial court, and
THE “HARMLESS ERROR RULE” he was not prevented by FAME from filing such motion
or taking such appeal, he cannot avail himself of this
No error in either the admission or the exclusion of petition75.
evidence and no error or defect in any ruling or order
or in anything done or omitted by the trial court or by MNT/MR (Rule 37) Petition for Relief from
any of the parties is ground for granting a new trial or Judgment (Rule 38)
for setting aside, modifying, or otherwise disturbing a As to when available
judgment or order, unless refusal to take such action Available before Available after judgment
appears to the court inconsistent with substantial judgment becomes becomes final and
justice. The court at every stage of the proceeding final and executory. executory.
must disregard any error or defect which does not As to application
affect the substantial rights of the parties Applies to judgments Applies to judgments,
(Sec. 6, Rule 51) or final orders only. final orders and other
proceedings: land
registration, special
proceedings, order of
execution.
As to grounds
FAME and newly FAME
discovered evidence
When filed
Filed within the time Filed within sixty days
to appeal from knowledge of the
judgment and within six
months from entry of
judgment.
Effect of Denial
If denied, the order If denied, the order of
of denial is not denial is not appealable,
appealable, hence hence remedy is appeal
remedy is appeal from the judgment
from the judgment
Nature
72 74
P. 220. Basic Civil Procedure. Bautista (2009). Quelnan vs VHF Philippines
73 75
Mesina vs Meer (2002) Trust International Paper Corporation vs Pelaez

MNT/MR (Rule 37) Petition for Relief from

Judgment (Rule 38) Note: A person need not be a party to the judgment
Legal remedy Equitable remedy sought to be annulled, and it is only essential that he
Necessity of Verification can prove his allegation that the judgment was
Motion need not be Petition must be verified. obtained by the use of fraud and collusion and he
verified would be adversely affected thereby76.
GROUNDS FOR AVAILING OF THE GROUNDS FOR ANNULMENT

REMEDY Note: Grounds are exclusive.
(1) EXTRINSIC FRAUD
(1) When a judgment or final order is entered, or any
Extrinsic fraud exists when there is a fraudelent
other proceeding is thereafter taken against a
act committed by the prevailing party outside of
party in any court through FAME (Sec. 1, Rule 38)
the trial of the case, whereby the defeated party
(2) When the petitioner has been prevented from
was prevented from presenting fully his side of
taking an appeal by FAME (Sec. 2, Rule 38)
the case by deception practiced on him by the
prevailing party77. It is also known as Collateral
TIME TO FILE PETITION Fraud.
Within sixty (60) days after the petitioner learns of
the judgment, final order, or other proceeding to be Note: Extrinsic fraud must be employed against it
set aside; and by the adverse party, who because of some trick,
artifice, or device naturally prevails in the suit.
Not more than six (6) months after such judgment or It does not include fraud practiced by its own
final order was entered, or such proceeding was witness, in making false testimony.78
taken. (Sec. 3, Rule 38)
(2) LACK OF JURISDICTION
CONTENTS OF PETITION Lack of jurisdiction refers to either lack of
jurisdiction over the person of the defending
(1) The petition must be verified; party or over the subject matter of the claim. It
(2) Affidavits, showing the FAME relied upon; and means absence of or no jurisdiction, that is, the
(3) Affidavits showing the facts constituting the court should not have taken cognizance of the
petitioner’s good and substantial cause of action petition because the law does not vest it with
or defense, as the case may be. (Sec. 3, Rule 38) jurisdiction over the subject matter.
Note: Petitioner must show not merely an abuse
T.4. ANNULMENT OF JUDGMENTS OR FINAL ORDERS of jurisdictional discretion but an absolute lack of
AND RESOLUTIONS jurisdiction.79
Definiton: An action for annulment of judgment is a (3) LACK OF DUE PROCESS

remedy in law independent of the case where the
judgment sought to be annulled was rendered. PERIOD TO FILE ACTION
Purpose: The purpose of such action is to have the Extrinsic fraud - the action must be filed within four
final and executory judgment set aside so that there (4) years from its discovery. (Sec. 3, Rule 47)
will be a renewal of litigation.
Lack of jurisdiction – the action must be brought
Annulment of judgment is resorted to in cases where before the action is barred by laches or estoppel.
the ordinary remedies of new trial, appeal, petition (Sec. 3, Rule 47)
for relief from judgment, or other appropriate
remedies are no longer available through no fault of EFFECT OF JUDGMENT OF ANNULMENT
petitioner, and is based on only two grounds, extrinsic Extrinsic fraud – The court, upon motion, may order
fraud and lack of jurisdiction. (Alaban v. Court of the trial court to try the case as if a motion for new
Appeals, 470 SCRA 697) trial was granted. (Sec. 7, Rule 47)
Annulment of judgment does not apply to judgments As a general rule, the prescriptive period is deemed
rendered by quasi-judicial bodies. It does not also suspended. However, The prescriptive period shall
apply to decisions or orders of the Ombudsman in not be suspended where the extrinsic fraud is
administrative cases whose decisions or orders may be attributable to the plaintiff in the original action.
appealed to the Court of Appeals under Rule 43. (Sec. 8, Rule 47)
(Macalalag v. Ombudsman, G.R. No. 147995, 5 March
2004)
76 78
Lopez vs Esquivel (2009) p. 812, Remedial Law Vol. 2. Herrera
77 79
Alba vs Court of Appeals, 465 SCRA 495 Spouses Manila vs Spouses Manzo (2011)

Lack of jurisdiction – It shall have the effect of U.1. DIFFERENCE BETWEEN FINALITY OF JUDGMENT
setting aside the questioned judgment or final order
rendering the same null and void but the judgment of FOR PURPOSES OF APPEAL AND FOR EXECUTION
annulment is without prejudice to the the refiling of Final and Executory
the original action in the proper court. (Sec. 7, Rule Final Judgment
judgments
47) Dispose of, adjudicate, Becomes final and
or determine the rights executory by operation
The prescriptive action shall be deemed suspended of parties of law
from the filing of such original action until the finality After lapse of period to
of the judgment of annnulment. (Sec. 8, Rule 47) appeal and no appeal
Still subject to appeal
was perfected, no
further action ca be had
T.5. COLLATERAL ATTACK OF JUDGMENTS Execution of judgment Execution of judgment
When, in another action to obtain a different relief, not a matter of right a matter of right
an attack on the judgment is made as an incident in
said action. This is proper only when the judgment, MODES OF EXECUTION OF JUDGMENT
on its face, is null and void.80 There are two modes of executing final and executory
judgment:
DIRECT VS. COLLATERAL ü Execution by a motion if the enforcement of the
Direct Collateral judgment is sought within 5 years from the date
against a judgment is made when, in another of entry
ü Execution by independent action if the 5-year
made through an action to obtain a
period has elapsed and before it is barred by
action or proceeding different relief, an
statute of limitations.
the main object of attack on the judgment
which is to annul, set is made as an incident in
aside, or enjoin the said action. This is JUDGEMENTS NOT STAYED BY APPEAL
enforcement of such proper only when the (a) Judgements as of now declared to be
judgment, if not yet judgment, on its face, is immediately executory, shall be enforceable
carried into effect; or, null and void, as where it after their rendition, and shall shall not be
if the property has is patent that the court stayed unless otherwise ordered by the trial
been disposed of, the which rendered said court.
aggrieved party may judgment has no ü Judgements for Injuection
sue for recovery. jurisdiction. [Co vs. ü Judgements for Receivership
Court of Appeals, 196 ü Judgements for Accounting
SCRA 705(1991)] ü Judgements for Support
(b) Judgements that may thereafter be declared to
be immediately executory.
U. EXECUTION, SATISFACTION AND EFFECTS OF
GROUNDS FOR QUASHING A WRIT OF
JUDGMENT
EXECUTION:
EXECUTION
Execution is the remedy afforded for the satisfaction (1) Writ of execution varies the judgment
of a judgment. It is the fruit and end of the suit81. (2) Change in the situation of the parties making
execution inequitable or unjust
(3) Execution is sought to be enforced against
property exempt from execution
(4) It appears that the controversy has never been
submitted to the judgment of the court
(5) Terms of the judgment are not clear enough and
there remains room for interpretation thereof
(6) When it is improvidently issued
(7) When it is defective in substance.
80
as where it is patent that the court which rendered said judgment plaintiff has no legal capacity to use is a collateral attack on the
has no jurisdiction (Co vs. CA, 196 SCRA 705) corporation. A motion to dismiss is incidental to the main action
Examples: A petition for certiorari under Rule 65 is a direct for sum of money. It is not filed as an action intended to attack the
attack. It is filed primarily to have an order annulled. An action for legal existence of the plaintiff (Co vs. CA, 196 SCRA 705) (RIANO,
annulment of a judgment is likewise a direct attack on a judgment. 493)
81
A motion to dismiss a complaint for collection of a sum of money Ayo vs. Violago-Isnani, 303 SCRA 543
filed by a corporation against the defendant on the ground that the

U.2. WHEN EXECUTION SHALL ISSUE U.3. HOW JUDGMENT IS EXECUTED

AS A MATTER OF RIGHT Through a writ of execution, which is a court order
directing a sheriff or other officer to enforce a
Also known as Ministerial Execution
judgment, usually by seizing and selling the judgment
(a) On motion;
debtor’s property.
(b) Upon judgment or order that disposes of the
action or proceeding
A. BY MOTION OR BY INDEPENDENT
(c) Upon expiration of the period to appeal
therefrom and no appeal has been duly ACTION
perfected; There is a need to file a motion for the issuance of a
(d) When appeal has been duly perfected and writ of execution. Under SC Circular No. 24-94, a
resolved, by filing a motion with the court of motion for the issuance of a writ of execution must
origin submitting true copies of the final contain a notice to the adverse party.
judgment or final order sought to be enforced.
B. CONTENTS OF WRIT OF EXECUTION
Once a judgment becomes final and executory, the
prevailing party can have it executed as a matter of The writ of execution is issued in the name of the
right, and the issuance of a writ of execution becomes Republic of the Philippines and must contain:
a ministerial duty of the court82. (1) Name of the court that granted the motion
(2) Case number
Judgment and orders become final and executory by (3) Dispositive portion of the judgment or order
operation of law and not by judicial declaration. Its subject of the execution
finality becomes a fact when the reglementary period (4) Require the sheriff or other proper officer to
for appeal lapses, and no appeal is perfected within whom it is directed to enforce the writ according
such period. to the terms
DISCRETIONARY The writ of execution should conform to the

dispositive portion of the decision to be executed and
The concept of discretionary execution constitutes an the execution is void if it is in excess of and beyond
exception to the general rule that a judgment cannot the original judgment83.
be executed before the lapse of the period for appeal
or during the pendency of an appeal. 3. EXECUTION OF JUDGMENTS FOR
MONEY
REQUISITES:
(1) Motion filed by a prevailing party with notice to In executing a judgment for money, the sheriff shall:
adverse party (1) Demand from the judgment obligor the
(2) Hearing of the motion for discretionary execution immediate payment of the full amount
(3) Good reasons to justify the discretionary (2) If obligor cannot pay, the officer shall levy upon
execution the properties of the obligor
(4) Reasons must be stated in the special order
Levy by the sheriff may be done only if the judgment
A DISCRETIONARY EXECUTION LIKE AN obligor cannot pay all or part of the obligation in cash,
EXECUTION PENDING APPEAL certified bank check or other modes acceptable to the
A discretionary execution like an execution pending prevailing party.
appeal must be strictly construed because it is an
exception to the general rule. 4. EXECUTION OF JUDGMENTS OF
SPECIFIED ACTS
Good reasons as justification for the discretionary
execution is essential. Sec. 11. Execution of judgments for specific acts,
Rule 39
Examples: (a) Conveyance, delivery of deeds, or other
(1) Insolvency of judgment debtor specific acts; vesting title. — If a judgment
(2) Good subject of the judgment will perish directs a party to execute a conveyance of
(3) Frivolous appeal land or personal property, or to deliver deeds
or other documents, or to perform, any other
Mere posting of bond for discretionary execution is specific act in connection therewith, and the
NOT sufficient. party fails to comply within the time specified,
the court may direct the act to be done at the
cost of the disobedient party by some other
person appointed by the court and the act
82 83
Buaya vs. Stronghold Insurance Co, 342 SCRA 576 Ex- Bataan Veterans Security Agency vs. NLRC, 250 SCRA 418

when so done shall have like effect as if done execution and shall be served by the officer upon
by the party. If real or personal property is the party against whom the same is rendered, or
situated within the Philippines, the court in upon any other person required thereby, or by law,
lieu of directing a conveyance thereof may by to obey the same, and such party or person may be
an order divest the title of any party and vest punished for contempt if he disobeys such
it in others, which shall have the force and judgment.
effect of a conveyance executed in due form
of law. (10a) 6. EFFECT OF LEVY ON THIRD PERSONS
(b) Sale of real or personal property. — If the Sec. 12. Effect of levy on execution as to third
judgment be for the sale of real or personal persons, Rule 39
property, to sell such property, describing it, The levy on execution shall create a lien in favor
and apply the proceeds in conformity with the of the judgment obligee over the right, title and
judgment. (8[c] interest of the judgment obligor in such property
at the time of the levy, subject to liens and
(c) Delivery or restitution of real property. — encumbrances then existing.
The officer shall demand of the person against
whom the judgment for the delivery or NECESSITY OF LEVY
restitution of real property is rendered and all It is an essential act by which the property is set apart
persons claiming rights under him to for the satisfaction of the judgment and taken into
peaceably vacate the property within three (3) coustory of law, and that, after it has been taken from
working days, and restore possession thereof the defendant, his interest is limited to its application
to the judgment obligee, otherwise, the to the judgment, irrespective of the time when it may
officer shall oust all such persons therefrom be sold84.
with the assistance, if necessary, of
appropriate peace officers, and employing EXECUTION IF THE JUDGMENT OBLIGEE/OBLIGOR
such means as may be reasonably necessary to DIES
retake possession, and place the judgment Effect of death to Execution
obligee in possession of such property. Any Execution will issue in any case.
Death of
costs, damages, rents or profits awarded by Upon application of his executor,
obligee
the judgment shall be satisfied in the same administrator, or successor-in-interest
manner as a judgment for money. (13a) Death before levy:
(a) Action for recovery of real or
(d) Removal of improvements on property personal property or any lien –
subject of execution. — When the property execution will issue
subject of the execution contains (b) Action for a sum of money –
improvements constructed or planted by the execution will not issue. In this
judgment obligor or his agent, the officer shall case, the judgment obligee should
not destroy, demolish or remove said Death of file claim against the estate of the
improvements except upon special order of obligor judgment obligor under rule 86
the court, issued upon motion of the judgment
obligee after the hearing and after the former Death after levy: execution will issue
has failed to remove the same within a since the property is already separated
reasonable time fixed by the court. (14a) from the estate of the deceased and is
deemd in cusodia legis
(e) Delivery of personal property. — In Against his executor, administrator, or
judgment for the delivery of personal successor-in-interest
property, the officer shall take possession of
the same and forthwith deliver it to the party WHERE THE APPLICATION IS MADE
entitled thereto and satisfy any judgment for (a) Execution shall be applied for in the court of
money as therein provided. (8a) origin.
(b) If an appeal has been duly perfected and finally
resolved, the execution may be applied for also
5. EXECUTION OF SPECIAL JUDGMENTS in the court of origin on the motion of the
judgment obligee.
Sec. 11. Execution of special judgments, Rule 39 (c) There is no need to wait for the records of the
When a judgment requires the performance of any case to be remanded to the court of origin.
act other than those mentioned in the two (d) All that is required is for the appeal to have been
preceding sections, a certified copy of the duly perfected and finally resolved before the
judgment shall be attached to the writ of execution may be applied for.
84
Bayer Philippine, Inc. vs Agana, 63 SCRA 355

property. Such affidavit must state the grounds of

U.4. PROPERTIES EXEMPT such right or title.
Sec. 13. Property exempt from execution, Rule 39

U.6. RULES ON REDEMPTION
Except as otherwise expressly provided by law, the
following property, and no other, shall be exempt The real property sold may be redeemed from the
from execution: purchaser, at any time within 1 year from the date of
(a) The judgment obligor's family home as the registration of the certificate of sale. If there are
provided by law, or the homestead in which he other creditors having lien on the property so
resides, and land necessarily used in redeemed may again be redeemed within 60 days
connection therewith; from the last redemption (Sec.28, Rule 39, ROC).
(b) Ordinary tools and implements personally used
by him in his trade, employment, or If no redemption is made within 1 year from the date
livelihood; of registration of the certificate of sale, the purchaser
(c) Three horses, or three cows, or three is entitled to a conveyance and possession of the
carabaos, or other beasts of burden, such as property.
the judgment obligor may select necessarily
used by him in his ordinary occupation; U.7. EXAMINATION OF JUDGMENT OBLIGOR WHEN
(d) His necessary clothing and articles for ordinary
personal use, excluding jewelry; JUDGMENT IS UNSATISFIED
(e) Household furniture and utensils necessary for
housekeeping, and used for that purpose by Sec. 36. Examination of judgment obligor when
the judgment obligor and his family, such as judgment is unsatisfied, Rule 39
the judgment obligor may select, of a value When the return of a writ of execution issued
not exceeding one hundred thousand pesos; against property of a judgment obligor, or any one
(f) Provisions for individual or family use of several obligors in the same judgment, shows
sufficient for four months; that the judgment remains unsatisfied, in whole or
(g) The professional libraries and equipment of in part, the judgment obligee, at any time after
judges, lawyers, physicians, pharmacists, such return is made, shall be entitled to an order
dentists, engineers, surveyors, clergymen, from the court which rendered the said judgment,
teachers, and other professionals, not requiring such judgment obligor to appear and be
exceeding three hundred thousand pesos in examined concerning his property and income
value; before such court or before a commissioner
(h) One fishing boat and accessories not exceeding appointed by it, at a specified time and place; and
the total value of one hundred thousand pesos proceedings may thereupon be had for the
owned by a fisherman and by the lawful use of application of the property and income of the
which he earns his livelihood; judgment. But no judgment obligor shall be so
(i) So much of the salaries, wages, or earnings of required to appear before a court or commissioner
the judgment obligor for his personal services outside the province or city in which such obligor
within the four months preceding the levy as resides or is found.
are necessary for the support of his family;
(j) Lettered gravestones; LIMITATIONS ON EXAMINATION
(k) Monies, benefits, privileges, or annuities
accruing or in any manner growing out of any (1) Judgment debtor cannot be made to appear
life insurance; before a judge or commissioner outside the
(l) The right to receive legal support, or money or province where the debtor resides.
property obtained as such support, or any (2) A judgment debtor may no longer be examined
pension or gratuity from the Government; after the lapse of five years within which a
(m) Properties specially exempted by law. judgment may be enforced by motion for
execution.85
But no article or species of property mentioned in
this section shall be exempt from execution issued U.8. EXAMINATION OF OBLIGOR OF JUDGMENT
upon a judgment recovered for its price or upon a
judgment of foreclosure of a mortgage thereon. OBLIGOR
(12a) Sec. 37. Examination of obligor of judgment
obligor, Rule 39
U.5. IF PROPERTY IS CLAIMED BY THIRD PERSON When the return of a writ of execution against the
property of a judgment obligor shows that the
A person claiming a property levied upon may execute judgment remain unsatisfied, in whole or in part,
an affidavit of his title or right of possession over the and upon proof to the satisfaction of the court
85
Umali vs Coquia, 161 SCRA 159

which issued the writ, that a person, corporation, missed in relation thereto, conclusive
or other juridical entity has property of such between the parties and their successors in
judgment obligor or is indebted to him, the court interest, by title subsequent to the
may, by an order, require such person, commencement of the action or special
corporation, or other juridical entity, or any proceeding, litigating for the same thing and
officer, or member thereof, to appear before the under the same title and in the same capacity;
court or a commissioner appointed by it, at a time and
and place within the province or city where such (3) In any other litigation between the same
debtor resides or is found, and be examined parties or their successors in interest, that
concerning the same. The service of the order shall only is deemed to have been adjudged in a
bind all credits due the judgment obligor and all former judgment or final order which appears
money and property of the judgment obligor in the upon its face to have been so adjudged, or
possession or in the control of such person which was actually and necessarily included
corporation, or juridical entity from the time of therein or necessary thereto.
service; and the court may also require notice of
such proceedings to be given to any party to the
action in such manner as it may deem proper. U.10. ENFORCEMENT AND EFFECT OF FOREIGN
REQUISITES JUDGMENTS OR FINAL ORDERS
(1) Write must be returned unsatisfied; and EFFECT OF FOREIGN JUDGMENT
(2) Proof that person, corporation or other legal
entity has property of such judgment debtor or (1) In case of a judgment or final order upon a
indebted to him86. specific thing, the judgment or final order is
conclusive upon the title to the thing, and
EFFECT (2) In case of a judgment or final order against a
Service of order binds all credits due to judgment person, the judgment or final order is
debtor and all money and property87. presumptive evidence of a right as between the
parties and their successors-in-interest by a
Note: This rule is not applicable where there is no subsequent title.
issue concerning the indebtedness and there is no
denial of the existence of the deposit with the bank ENFORCEMENT OF A FOREIGN JUDGMENT
which is considered a credit in favor of the depositor
The foreign tribunal must have jurisdiction to render
bank88.
the judgment or final order.89
U.9. EFFECT OF JUDGMENT OR FINAL ORDERS WAYS OF ENFORCING A FOREIGN

Sec. 47. Effect of judgment or final orders, Rule 39 JUDGMENT
The effect of a judgment or final order rendered (1) An action may be filed in court
by a court of the Philippines, having jurisdiction to (2) It may be pleaded in an answer or a motion to
pronounce the judgment or final order, may be as dismiss
follows:
(1) In case of a judgment or final order against a Note: A foreign judgment may be barred from
specific thing, or in respect to the probate of recognition if it runs counter to public policy90.
a will, or the administration of the estate of a
deceased person, or in respect to the
personal, political, or legal condition or status
of a particular person or his relationship to
another, the judgment or final order is
conclusive upon the title to the thing, the will
or administration or the condition, status or
relationship of the person, however, the
probate of a will or granting of letters of
administration shall only be prima
facieevidence of the death of the testator or
intestate;
(2) In other cases, the judgment or final order is,
with respect to the matter directly adjudged
or as to any other matter that could have been
86 89
P. 453, Remedial Law. Vol. 2. Herrera Asiavest Limited vs Court of Appeals, 296 SCRA 529
87 90
P. 454, Remedial Law. Vol. 2. Herrera Republic vs. Gingoyon 2006
88
PCIB vs Court of Appeals, 193 SCRA 452

PROVISIONAL REMEDIES 81 REMEDIAL LAW
IV. Provisional JURISDICTION OVER PROVISIONAL REMEDIES

The court which grants or issues a provisional remedy
Remedies is the court which has jurisdiction over the main
action. Even an inferior court may grant a provisional
Temporary, auxiliary, and ancillary remedies remedy in an action pending with it and within its
available to a litigant for the protection and jurisdiction.
preservation of his rights while the main action is
pending. They are writs and processes which are not A. PRELIMINARY ATTACHMENT
main actions and they presuppose the existence of a
PRELIMINARY ATTACHMENT
principal action
Preliminary Attachment is a provisional remedy issued
upon order of the court where an action is pending to
NATURE OF PROVISIONAL REMEDIES
be levied upon the property of the defendant so the
It is an inherent power of the court concomitant to its
property may be held by the sheriff as security for the
very existence to issue provisional remedies, like
satisfaction of whatever judgment may be rendered
injunction, to protect the rights and interest of
in the case.93
parties pending litigation.91
Since attachment is harsh, extraordinary, and
Provisional remedies are temporary, auxiliary, and
summary in nature, the rules on the application of a
ancillary remedies available to a litigant for the
writ of attachment must be strictly construed in favor
protection and preservation of his rights while the
of the defendant.94
main action is pending. They are writs and processes
which are not main actions and they presuppose the
TWO-FOLD PURPOSE
existence of a principal action. (Buyco v. Baraquia,
(1) To seize the property of the debtor in advance of
G.R. No. 177486)
final judgment and to hold it for purposes of
satisfying said judgment
PURPOSE OF PROVISIONAL REMEDIES:
(2) To acquire jurisdiction over the action by actual
(1) To preserve or protect their rights or interests
or constructive seizure of the property in those
while the main action is pending;
instances where personal or substituted service
(2) To secure the judgment;
of summons on the defendant cannot be effected
(3) To preserve the status quo; or
(PCIB v. Alejandro, 533 SCRA 738)
(4) To preserve the subject matter of the action
KINDS OF PROVISIONAL REMEDIES: A.1. GROUNDS FOR THE ISSUANCE OF WRIT OF

(1) Preliminary attachment (Rule 57); ATTACHMENT (SEC. 1, RULE 57)
(2) Preliminary injunction (Rule 58);
(3) Receivership (Rule 59); (1) Recovery of specified amount of money and
(4) Replevin (Rule 60); and damages except moral or exemplary
(5) Support pendente lite (Rule 61). (a) on a cause of action arising from law
contract, quasi-contract, delict or quasi-
The enumeration is not exclusive. For example, in the delict
special proceeding of custody of minors, the court (b) where party is about to depart from the
may grant a parent visitation rights and or temporary Philippines with intent to defraud creditors;
custody of the child92
(2) Actions for money or property embezzled or
OTHER PROVISIONAL REMEDIES fraudulently misapplied or converted to his own
Issued by a family court use by:
(1) Temporary Custody of Minor Children (a) a public officer
(2) Order allowing Visitation Rights of Parents (b) an officer of a corporation,
(c) an attorney, factor, broker, agent, or clerk,
Provisional remedies in a petition for a writ of in the course of his employment as such
amparo (d) by any other person in a fiduciary capacity,
(1) Temporary Protection Order or for a willful violation of duty;
(2) Witness Protection Order
(3) Inspection Order (3) Action to recover of possession of property (both
(4) Production Order real and personal) unjustly taken, detained or
converted, when the property, or any part
thereof, is concealed or disposed of to prevent
its being found or taken;
91
Far East Bank and Trust Company vs. Shemberg 94
92
Tan vsAdre, 450 SCRA 145 Watercraft vs. Wolfe, G.R. No. 181721 
93
Davao Light and Power, Inc. vs. Court of Appeals, 204 SCRA 343

the main action neither changes the nature nor

(4) Actions against a party guilty of fraud in determines the validity of the attachment.
contracting the debt (dolo causante) or incurring
the obligation or in the performance thereof TYPES OF ATTACHMENT
(dolo incidente);
(A) PRELIMINARY ATTACHMENT
Issued at the commencement of the action or at
(5) In an action against a party who has removed or
anytime before entry of the judgment as security
disposed of his property, or is about to do so, with
for the satisfaction of any judgment that may be
intent to defraud his creditors;
recovered in the cases provided for by the rules.
(6) In an action against a party who does not reside
(B) GARNISHMENT
and is not found in the Philippines, or on whom
Kind of attachment in which the plaintiff seeks to
summons may be served by publication.
subject either the property of the defendant in
Note: The grounds are exclusive.
the hands of a third person called the garnishee,
to his claim or the money which said third person
A.2. REQUISITES owes the defendant.
(1) The case must be any of those where preliminary
attachment is proper (Sec. 1, Rule 57); (C) LEVY ON EXECUTION
(2) The applicant must file a motion, whether ex The writ issued by the court after judgment by
parte or with notice and hearing; which the property of the judgment obligor is
(3) The applicant must show by affidavit that: taken into the custody of the court before the
(a) A sufficient cause of action exists; sale of the property on execution for the
(b) The case is one of those mentioned in Sec. 1, satisfaction of a final judgment.
(c) There is no other sufficient security for the
claim sought to be enforced by action; and A.3. ISSUANCE AND CONTENTS OF ORDER OF
(d) The amount due to applicant or possession of
which he is entitled to recover is as much as
ATTACHMENT; AFFIDAVIT AND BOND
the sum for which the order is granted above Issuance and Contents of Order (Sec. 2, Rule 57)
all legal counterclaims An order of attachment may be issued either ex parte
(4) The applicant must post a bond executed to the or upon motion with notice and hearing by the court
adverse party. in which the action is pending, or by the Court of
(a) Amount is fixed by the court in its order Appeals or the Supreme Court, and must require the
granting the issuance of the writ sheriff of the court to attach so much of the property
(b) Conditioned that, if the court shall finally in the Philippines of the party against whom it is
adjudge that applicant was not entitled to issued, not exempt from execution, as may be
the writ, the bond will pay: sufficient to satisfy the applicant's demand, unless
ü All costs which may be adjudged to such party makes deposit or gives a bond as
adverse party and hereinafter provided in an amount equal to that fixed
ü All damages which he may sustain by in the order, which may be the amount sufficient to
reason of attachment satisfy the applicant's demand or the value of the
(5) Being provisional in character, attachment property to be attached as stated by the applicant,
depends for its existence and effectivity upon the exclusive of costs.
pendency of a principal action in court
Several writs may be issued at the same time to the
Attachment places the property under the custody of sheriffs of the courts of different judicial regions.
the court (in custodia legis). It is in the nature of
proceeding quasi in rem95 although sometimes AFFIDAVIT AND BOND (SEC. 3, RULE 57)
referred to as an action in rem 96 An order of attachment shall be granted only when it
appears by the affidavit of the applicant, or of some
Whether in rem or quasi in rem, the legal effects are other person who personally knows the facts:
identical because in both cases, jurisdiction over the (a) that a sufficient cause of action exists
person of the defendant is not required as long as the (b) that the case is one of the grounds enumerated
court acquires jurisdiction over the res.6 (c) that there is no other sufficient security for the
claim sought to be enforced by the action, and
It does not affect the decision on the merits; the right (d) that the amount due to the applicant, or the value
to recover judgment on the alleged indebtedness and of the property the possession of which he is
the right to attach the property of the debtor are entitled to recover, is as much as the sum for
entirely separate and distinct, and the judgment in which the order is granted above all legal
95
Banco-Español Filipino vs. Palanca 37 Phil. 921
96
Valdemieso vs. Damalerio, 451 SCRA 638, February 18, 2005

counterclaims. contemporaneously accompanied by:

(a) Service of summons, except in instances when
The affidavit, and the bond required by the next contemporaneous service is not required;
succeeding section, must be duly filed with the court (b) Copy of the complaint
before the order issues. (c) Application for attachment
(d) Affidavit and bond of the applicant; and
A.4. RULE ON PRIOR OR CONTEMPORANEOUS (e) Order and writ of attachment.
SERVICE OF SUMMONS ATTACHMENT OF SPECIFIC KINDS OF

General Rule: Enforcement of the writ or preliminary PROPERTY
attachment must be preceded or contemporaneously
(Sec. 7, Rule 57)
accompanied by the service of summons, copy of the
(1) Real property, or growing crops thereon, or any
complaint, application and affidavit of the
interest therein
attachment and the bond in favor of the adverse
(a) By filing with the registry of deeds: (i) copy
party.
of the order, together with a description of
the property attached, and (ii) a notice that
Otherwise, the implementation is null and void.
the property is attached.
(b) The registrar of deeds must index
Exceptions to Contemporaneous Service of
attachments filed under this section in the
Summons:
names of the applicant, the adverse party,
(a) Where the summons could not be served
or the person by whom the property is held
personally or by substituted service despite
or in whose name it stands in the records.
diligent efforts;
(c) If the attachment is not claimed on the
(b) The defendant is a resident of the Philippines
entire area of the land covered by the
who is temporarirly out of the country;
certificate of title, a description sufficiently
(c) The defendant is a non-resident; or
accurate for the identification of the land or
(d) The action is one in rem or quasi in rem (Sec. 5,
interest to be affected shall be included in
Rule 57)
the registration of such attachment.
(2) Personal property capable of manual delivery
CLASSES OF ATTACHMENT ü Sheriff issues corresponding receipt
Preliminary Attachment Final Attachment ü Then takes and safely keeps it in his custody
(Rule 57) (Rule 39) (3) Stocks or shares, or an interest in stocks or
It is an auxiliary remedy to It is a means for the shares, of any corporation or company
give security for a execution of a final ü Leave with the president or managing agent
judgment still to be judgment thereof, a copy of the writ, and a notice
rendered. stating that the stock or interest of the
There is no sale because a It should always be party against whom the attachment is
decision has not yet been accompanied by a issued is attached in pursuance of such writ
rendered. sale at public (4) Debts and credits, including bank deposits,
auction. financial interest, royalties, commissions and
Resorted to at the Available after the other personal property not capable of manual
commencement of the judgment in the main delivery
action or at any time action had become (a) Leave with the person owing such debts, or
before entry of judgment, executory, and for having in his possession or under his control,
for the temporary seizure the satisfaction of such credits or other personal property, or
of property of the adverse said judgment. with his agent
party (b) The following: a copy of the writ, and notice
The proceeds of the sale The proceeds of the that the debts owing by him to the party
are in custodia legis sale are turned over against whom attachment is issued, and the
to the attaching credits and other personal property in his
creditor possession, or under his control, belonging to
Intervention is a remedy Intervention is NOT said party, are attached in pursuance of such
to a stranger whose available as a remedy writ
property has been because there is an (5) The interest of the party against whom
attached assumption of final attachment is issued in property belonging to
judgment in Rule 39 the estate of the decedent, whether as heir,
legatee, or devisee
(1) Service made to the the executor or
administrator or other personal
A.5. MANNER OR ATTACHING (REAL OR PERSONAL) representative of the decedent with a copy
Levy shall not be made unless preceded or of the writ and notice that said interest is

attached (3) File motion for intervention (available only

(2) A copy of said writ of attachment and of said before judgment is rendered)
notice shall also be filed in the office of the
clerk of the court in which said estate is A.6. DISCHARGE OF ATTACHMENT AND COUNTER-
being settled and served upon the heir,
legatee or devisee concerned. BOND
(6) If the property sought to be attached is in After a writ of attachment has been enforced, the
custodia legis party whose property has been attached, or the
(a) A copy of the writ of attachment shall be person appearing on his behalf, may move for the
filed with the proper court or quasi-judicial discharge of the attachment wholly or in part on the
agency, and security given.
(b) Notice of the attachment served upon the
custodian of such property. Ways of Discharging Attachment
(1) Movant makes a cash deposit, or files a counter-
Note: All properties exempt from execution are bond executed to the attaching party with the
likewise exempt from attachment (Sec. 2, Rule 57; clerk of the court where the application is made,
Sec 13, Rule 39) in an amount equal to that fixed by the court in
the order of attachment, exclusive of costs.
When Applied For (2) Movant may file for an order on the ground that
(1) At the commencement of the action; or the same was improperly or irregularly issued or
(2) At any time before the entry of judgment. enforced, or that the bond is insufficient.
Who may apply If the attachment is excessive, the discharge shall be

It may be applied for by the plaintiff or any proper limited to the excess.
party (including a defendant who filed a
counterclaim, cross-claim, or a third party Note: There is a difference between the bond for
complaint). issuance of writ and bond for lifting the writ
STAGES IN THE MANNER OF THE

ISSUANCE OF WRIT OF PRELIMINARY A.7. SATISFACTION OF JUDGMENT OUT OF PROPERTY
ATTACHMENT
ATTACHED
The grant of provisional remedy of attachment
The sheriff may cause the judgment to be satisfied
involves 3 stages:
out of the property attached in the following manner:
(1) Issuance of the order granting the application
(1) By paying to the judgment obligee the proceeds
(2) Issuance of the writ proper
of all sales of perishable or other property sold in
(3) Implementation of the writ
pursuance of the order of the court, or so much
as shall be necessary to satisfy the judgment;
For the initial two stages, it is not necessary that
(2) If any balance remains due, by selling so much of
jurisdiction over the person of the defendant be first
the property, real or personal, as may be
obtained, but once the implementation of the writ
necessary to satisfy the balance, if enough for
commences, the court must have acquired
that purpose remain in the sheriff's hands, or in
jurisdiction over the defendant.14
those of the clerk of the court;
(3) By collecting from all persons having in their
PROCEEDINGS WHERE ATTACHED PROPERTY IS
possession credits belonging to the judgment
CLAIMED BY THIRD PERSON
obligor, or owing debts to the latter at the time
A third person who has a claim to the property
of the attachment of such credits or debts, the
attached may avail of the following remedies:
amounts of such credits and debts as determined
(1) File terceria or third-party claim (Rule 57, Sec.
by the court in the action, and stated in the
14)
judgment, and paying the proceeds of such
A third-party claim may be filed with the sheriff
collection over to the judgment obligee. (Sec 15,
while he has possession of the properties levied
Rule 57)
upon, this being the only time fixed for the
purpose
(a) The claimant makes an affidavit of his title B. PRELIMINARY INJUNCTION
or right to possession, stating the grounds of
such right or title. The affidavit must be B.1. DEFINITIONS AND DIFFERENCES
served upon the sheriff INJUNCTION
(b) Substantial identical procedure as in terceria A judicial writ, process or proceeding whereby a party
in Rule 39 is ordered to do or refrain form doing a particular act
(2) File independent action to recover property (Uy
v. CA, 191 SCRA 275); or

PRELIMINARY INJUNCTION, DEFINITION AND (2) That the act against which the injunction is
NATURE. sought violates such right;
A preliminary Injunction (PI) is an order granted at (3) Paramount necessity to restrain the
any stage of an action prior to judgment of final commission or continuance of the acts
order, requiring a party, court, agency, or person to complained of and if not enjoined would
refrain from a particular act or acts. work injustice to him; (Sec. 3, Rule 58)
(c) A bond must be posted, unless otherwise
It is an ancillary or preventive remedy where a court exempted by the court; (Sec. 4, Rule 58); and
requires a person, party or even a court or tribunal (d) Notce and hearing (Sec. 5, Rule 58);
either to REFRAIN (prohibitory) from or to PERFORM
(mandatory) particular acts during the pendency of an B.3. KINDS OF INJUNCTION
action.
Preliminary Preliminary Mandatory
It is merely a temporary remedy subject to the final Prohibitory Injunction
disposition of the principal action.26 Injunction
Purpose: prevent a Purpose: to require a
INJUNCTION AS MAIN PRELIMINARY person from the person to perform a
ACTION INJUNCTION performance of a particular act or acts
Independent action Ancillary particular act or acts
Seeks a judgment This is an extreme remedy
Seeks to preserve which will be granted only
embodying a final
status quo upon a showing that:
injunction
Assailed by petition (a) The invasion of the
Assailed by timely appeal right is material and
for certiorari
substantial
Purpose: To preserve the status quo or to prevent (b) Right of complainant
future wrongs in order to preserve and protect certain is clear and
interests or rights during the pendency of the unmistakable
action.27 (c) There is an urgent and
paramount necessity
Status quo - The last actual, peaceable and (Almeida v. CA, G.R. No.
uncontested situation which precedes a controversy. 159124)
It is the situation existing at the time of the filing of The act has not yet The act has already been
the case. been performed performed and this act has
violated the rights of
PRELIMINARY INJUNCTION TRO another.
Status Quo is Status Quo is restored.
An order granted at any stage
Issued to preserved.
of an action or proceeding
preserve the
prior to the judgment or final
status quo until
order, requiring a party or a
the hearing of B.4. ISSUANCE OF WRIT
court, agency or a person to
the application
either refrain from or to It may be issued at any stage prior to the judgment or
for preliminary
perform a particular act or final order by the court where the action or
injunction.
acts during the pendency of proceeding is pending.
the action. à If the action or proceeding is pending in the Court
RTC: Does not of Appeals or in the Supreme Court, it may be issued
exceed 20 days by said court or any member thereof.
May exceed 20 days
CA: Does not
exceed 60 days If after the trial of the action it appear that the
SC: Indefinite applicant is entitled to have the act or acts
Restrains or requires the complained of permanently enjoined
Maintains the
performance of particular
status quo
acts Preliminary
Final Injunction
Injunction
(Sec 9 Rule 58)
B.2. REQUISITES: (Sec 1 Rule 58)
granted at any stage issued in the judgment in
(a) There must be a verified application (Sec. 4, Rule
of an action prior to the case permanently
58);
the judgment or restraining the defendant
(b) The applicant must establish:
final order therein. or making the preliminary
(1) That he has a right to relief or a right to be
injunction permanent.
protected

B.5. GROUNDS FOR ISSUANCE OF PRELIMINARY accordingly issue the corresponding order.
(Bar Matter No. 803, 17 February 1998)
INJUNCTION
(1) The applicant is entitled to the relief demanded, (2) If the matter is of extreme urgency and the
and the whole or part of such relief consists in applicant will suffer grave injustice and
restraining the commission or continuance of the irreparable injury
act or acts complained of, or in requiring the (a) The executive judge of a multi-sala court or
performance of an act or acts either for a limited the presiding judge of a single-sala court may
period or perpetually; or issue ex parte a TRO effective for only 72
(2) The commission, continuance or non- hours from issuance, not service. (Sec. 5,
performance of the act or acts complained of Rule 58)
during the litigation would probably work Note: But he shall immediately comply
injustice to the applicant; or with the provisions of the next
(3) A party, court, agency or a person is doing, preceding section as to service of
threatening or is attempting to do, or is procuring summons and the documents to be
or suffering to be done, some act or acts probably served therewith.
in violation of the rights of the applicant (b) The 72 hours may be extended to 20 days
respecting the subject of the action or after conducting a summary hearing. The 72
proceeding, and tending to render the judgment hours is included in the maximum 20 day
ineffectual. (Sec 3, Rule 58) period.
(c) Thereafter, within the aforesaid seventy-two
(72) hours, the judge before whom the case
B.6. GROUNDS FOR OBJECTION TO, OR FOR THE is pending shall conduct a summary hearing
DISSOLUTION OF INJUNCTION OR RESTRAINING to determine whether the temporary
ORDER restraining order shall be extended until the
application for preliminary injunction can be
(Sec. 6, Rule 58) heard.
(1) Upon a showing of its insufficiency.
(2) On other grounds upon affidavits of the party or EFFECTIVITY OF TRO
person enjoined, which may be opposed by the
applicant also by affidavits. (1) The 20-day period of effectivity of a TRO is non-
(3) If it appears after hearing that although the extendible; the restraining order automatically
applicant is entitled to the injunction or terminates at the end of such period without the
restraining order, the issuance or continuance need of any judicial declaration to that effect.
thereof, as the case may be, would cause (Aquino v. Luntok, G.R. No. 84324)
irreparable damage to the party or person (2) If a TRO was issued by the Court of Appeals, it
enjoined while the applicant can be fully shall be effective for 60 days from service on
compensated for such damages as he may suffer. the party sought to be enjoined.
(3) If a TRO was issued by the Supreme Court, it shall
be effective until further orders. (Sec. 5, Rule
B.7. TEMPORARY RESTRAINING ORDER 58)
PROCEDURE
(1) If it shall appear from facts shown by affidavits B.8. IN RELATION TO R.A. 8975, BAN ON ISSUANCE
or by the verified petition that great or OF TRO OR WRIT OF INJUNCTION IN CASES
irreperable injury would result to the applicant
before the matter can be heard on notice
INVOLVING GOVERNMENT INFRASTRUCTURE
(a) Summary hearing on the application of the PROJECTS
TRO within 24 hours after sheriff’s return of General Rule: No court, except the Supreme Court,
service and/or records are received by the shall issue any temporary restraining order,
branch selected by raffle preliminary injunction or preliminary mandatory
(b) The court may issue a TRO ex parte for a injunction against the government or any of its
period not exceeding 20 days from service to subdivisions, officials or any person or entity, whether
the party sought to be enjoined. (Sec. 5, public or private acting under the government
Rule 58) direction, to restrain, prohibit or compel the
following acts:
Within the said twenty-day period, the court (1) Acquisition, clearance and development of the
must order said party or person to show right-of-way and/or site or location or location of
cause, at a specified time and place, why the any government project;
injunction should not be granted, determine (2) Bidding or awarding of contract/project of the
within the same period whether or not the national government;
preliminary injunction shall be granted, and (3) Commencement , prosecution, execution,

implementation, operation of any such contract

or project; A receiver is not a representative party under Rule 3
(4) Termination or recission of any such but a real party in interest, BUT he cannot file a case
contract/project; and without the consent of the receivership court.
(5) The undertaking or authorization of any other
lawful activity necessary for such C.1. CASES WHERE RECEIVERSHIP IS APPOINTED
contract/project97.
UPON VERIFIED APPLICATION, one or more receivers
Exception of the property which is the subject if the action may
(1) When the mattier is of extreme urgency; be appointed by the court where the action is pending
(2) If it involes a constitutional issue; in the following cases:
(3) A grave injustice and irreparable injury will arise (1) Applicant has an interest in the property or fund
unless a TRO is issued. subject of the proceeding and such property is in
danger of being lost, removed, or materially
Note: In this case, the application shall file a bond in injured unless a receiver is appointed;
an amount to be fixed by the court and which bond (2) In foreclosure of mortgage, when the property is
shall accrue in favor of the government if the court in danger of being wasted, dissipated or
should finally decide that the applicant was not materially injured, and that its value is probably
entitled to the relief sought. (Sec. 3, RA 8975) insufficient to discharge the mortgage debt or
that it has been agreed upon by the parties;
(3) After judgment, to preserve the property during
B.9. RULE ON PRIOR OR CONTEMPORANEOUS the pendency of an appeal or to dispose of it
SERVICE OF SUMMONS IN RELATION TO according to the judgment or to aid execution.
ATTACHMENT (4) When appointment of receiver is the most
convenient and feasible means of preserving,
When an application for a writ of preliminary administering or disposing of the property in
injunction or TRO is made in a complaint or other litigation.
initiatory pleading, the case, if filed in a multi-sala
court, shall be raffled only after notice to and in the The property must be under litigation
presence of the adverse party. In any event, such
notice shall be preceded or contemporaneously
C.2. REQUISITES
accompanied by a service of summons, together with
a copy of the complaint or initiatory pleading and the (1) Verified application;
applicant’s affidavit and bond, upon the adverse (2) Applicant must have an interest in the property
party in the Philippines. or funds subject of the action;
(3) Application must show that the property or funds
However, it is not available where the summons could is in danger of being lost, wasted, or dissipitated
not be served personally or by substituted service (4) Appointed by the court where the action is
despite diligent efforts or where the adverse party is pending, or by the CA or by the SC, or a member
a resident of the Philippines temporarily absent thereof;
therefrom or is a non-resident thereof. (Sec. 4(c), (5) Applicant‘s bond conditioned on paying the
Rule 58) adverse party all damages he may sustain by the
appointment of the receiver in case the
C. RECEIVERSHIP appointment is without sufficient cause;
(6) Receiver takes his oath and files his bond.
Purpose: For the preservation of, and at making more
secure existing rights; to protect and preserve the The court may, in its discretion, at any time after the
rights of the parties during the pendency of the main appointment, require an additional bond as further
action, during the pendency of an appeal or as an aid security for such damages. (Sec. 2, Rule 59)
in the execution of a judgment when the writ of
execution has been returned unsatisfied (Riano, 2009,
p, 590)
C.3. REQUIREMENTS BEFORE ISSUANCE OF AN
ORDER
RECEIVER
WHO MAY GRANT RECEIVERSHIP
A person appointed by the court in behalf of all the
parties to an action for the purpose of preserving the (1) Court, in which the action is pending
property involved in the suit and to protect the rights (2) Court of Appeals
of all the parties under the direction of the court.33 (3) Supreme Court, or any member thereof
He is an officer of the court who is indifferent to the
litigants and neutral.
97
Sec. 3, RA 8975

WHO MAY BE APPOINTED

The general rule is that neither to a litigation should D. REPLEVIN
be appointed receiver without the other's consent Replevin is a provisional remedy seeking for the
because "a receiver ought to be an indifferent person possession of the property prior to the determination
between the parties" and "should be impartial and of the main action for replevin
disinterested"
(Alcantara v. Abas, G.R. No. L-14890) It may also be a main action with the ultimate goal of
recovering personal property capable of manual
C.4. GENERAL POWERS OF A RECEIVER delivery wrongfully detained by a person. In this
sense, it is a suit in itself
(1) Bring and defend, in such capacity, actions in his
own name.
(2) Take and keep possession of the property in D.1. WHEN WRIT MAY BE ISSUED
controversy; (1) At the commencement of the action
(3) Receive rents; (2) At any time before the defendant files his answer
(4) Collect debts due to himself as receiver or to the
fund, property, estate, person, or corporation of Note: for which reason there can be no replevin
which he is the receiver; before the appellate courts.
(5) Compound for and compromise the same;
(6) Make transfers; WHO MAY AVAIL
(7) Pay outstanding debts;
(8) Divide the money and other property that shall It is available to any party praying for the recovery of
remain among the persons legally entitled to possession of personal property unjustly detained
receive the same. (Sec. 1, Rule 60)
(9) Generally to do such acts representing the
property as the court may authorize; and D.2. REQUISITES
(10) Invest fund in his hands, only by order of the
court upon the written consent of all the parties. (a) That the applicant is the owner of the property
claimed;
No action may be brought by or against a receiver (b) That the property is wrongfully detained by the
without leave of the court which appointed him. adverse party;
(c) That the property has not been distrained or
A receiver may not invest funds without an order from taken for a tax assessment or a fine pursuant to
the court and without the written consent of the law, or seized under a writ of execution or
parties to the action. preliminary attachment, or otherwise placed
under custodia legis, or if so seized, that it is
exempt from such seizure or custody; (Sec. 2,
C.5. TWO KINDS OF BONDS Rule 60) and
Applicant‘s Bond – to pay the damages the adverse (d) Primary purpose is to allow the plaintiff to retain
party may sustain by reason of appointment of the thing during the pendency of the action and
receiver; and to hold it pendente lite. (Rivera v. Vargas, G.R.
Receiver‘s Bond – to answer for receiver’s faithful No. 165895)
discharge of his duties.
D.3. AFFIDAVIT AND BOND
C.6. TERMINATION Procedure for the application for Replevin:
(1) The Court shall determinine that the necessity (1) File an APPLICATION at the commencement of
for a receiver no longer exists the action or at any time before defendant
(2) On motion of either party or motu proprio, answers.
(3) Due notice shall be given to all parties (2) Application must contain an AFFIDAVIT
(4) A hearing shall be conducted
(5) The court shall then settle the accounts of the THE AFFIDAVIT MUST SHOW THAT
receiver (1) Applicant is the owner of the property claimed
(6) The court shall direct delivery of the funds or particularly describing it, or is entitled to the
property in his possession to the person adjudged possession thereof;
entitled thereto, and then (2) Property is wrongfully detained by the adverse
(7) Shall order the discharge of the receiver. party;
(3) Property has not been taken for tax assessment
The receiver shall be entitled to a reasonable or a fine pursuant to law, or seized under a writ
compensation which is to be taxed as costs upon the of execution or under custodia legis; and
defeated party or apportioned as justice requires. (4) Actual market value of the property.

Applicant must give a BOND, executed to the adverse

party and double the value of the property.
(Sec. 2, Rule 60)
REDELIVERY BOND
Value: in double of the value of the property as stated
in the affidavit aforementioned
Purpose: for the return of the property to the

defendant of such sum as he may recover from the
plaintiff in the action.
(Sec. 2, Rule 60)
D.4. SHERIFF’S DUTY

(1) Serve a copy of the order together with a copy of
the application, affidavit and bond to the adverse
party;
(2) Take the property, if it be in the possession of
the adverse party, or his agent, and retain it in
his custody;
(3) Demand delivery of the property if the property
is concealed in a building or enclosure, and if be
not delivered, cause the building or enclosure to
be broken open and take the property into his
possession;
(4) After taking possession, keep the property in a
secure place and shall be responsible for its
delivery to the party entitled thereto.
E. SUPPORT PENDENTE LITE

It is an amount of support provisionally fixed by the
court in favor of the person or persons entitled
thereto during the pendency of an action for support.
Here the main action is for support and support
pendente lite is the provisional remedy.
Under Sec.4 Rule 39, the judgment in an action for

support is immediately executory.
This provisional remedy is available ONLY in Action for

Support or where one of the reliefs sought is Support
for the Applicant.36
WHERE FILED
General rule: It is exclusively cognizable by a Family
Court.
Exception: In criminal actions, where right to support
arises by reason of crime and as long as the civil
aspect is tried together with it, the RTC and MTC
having jurisdiction may also issue this remedy.

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TABLE OF CONTENTS i CIVIL PROCEDURE - REMEDIAL LAW

Rule on Lack of Jurisdiction: ............ 11

LA SALLIAN COMMISION ON BAR OPERATIONS

Compulsory joinder of parties, defined 19 Relief from order of default ............. 26

LA SALLIAN COMMISION ON BAR OPERATIONS

Service upon minors and incompetents J.4. Dismissal of counterclaim, cross-claim

LA SALLIAN COMMISION ON BAR OPERATIONS

TERMINATION OF TAKING OF DEPOSITION Form of judgment ......................... 61

LA SALLIAN COMMISION ON BAR OPERATIONS

Matters not appealable ................... 68 FOR EXECUTION .............................. 76

LA SALLIAN COMMISION ON BAR OPERATIONS

B.3. Kinds of INJUNCTION .................. 85

LA SALLIAN COMMISION ON BAR OPERATIONS

I. General C.1. LIMITATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

II. Jurisdiction A. JURISDICTION OF COURTS

Jurisdiction, defined SUPREME COURT

LA SALLIAN COMMISION ON BAR OPERATIONS

of facts; NLRC, and writ of kalikasan;

LA SALLIAN COMMISION ON BAR OPERATIONS

assessment and taxation of real property (1) Civil jurisdiction

LA SALLIAN COMMISION ON BAR OPERATIONS

C. CONCURRENT AND ORIGINAL JURISDICTION:

LA SALLIAN COMMISION ON BAR OPERATIONS

Jurisdiction over the person of the defendant is

LA SALLIAN COMMISION ON BAR OPERATIONS

Error of Jurisdiction Error of Judgment

LA SALLIAN COMMISION ON BAR OPERATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

the issue of jurisdiction only in cases which the

Heirs of Bertuldo Hinog v. Melicor: A party who

RULE ON LACK OF JURISDICTION:

LA SALLIAN COMMISION ON BAR OPERATIONS

Note: In Civil Actions, jurisdicition over the res and

An issue is a disputed point or question to which

Generally, jurisdiction over the issues is conferred EQUITY JURISDICTION, DEFINED

LA SALLIAN COMMISION ON BAR OPERATIONS

the proceeding notwithstanding several (a) Fault or negligence;

LA SALLIAN COMMISION ON BAR OPERATIONS

(10) Where the dispute arises from the

Note: Rule does not apply to a civil case where the

LA SALLIAN COMMISION ON BAR OPERATIONS

III. Civil property plus damages.

Procedure SIGNIFICANCE OF THE DISTINCTION BETWEEN

A.3CRIMINAL ACTIONS, DEFINED

LA SALLIAN COMMISION ON BAR OPERATIONS

B.1. CAUSE OF ACTION, DEFINED FAILURE TO STATE A CAUSE OF ACTION AND

LA SALLIAN COMMISION ON BAR OPERATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

In the answer of such defendant, the name and

LA SALLIAN COMMISION ON BAR OPERATIONS

C.9. DEATH OF A PARTY LITIGANT REAL PARTY IN LOCUS STANDI

LA SALLIAN COMMISION ON BAR OPERATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

LA SALLIAN COMMISION ON BAR OPERATIONS

multiplicity of suits. VII. REPLY

TEST OF PROPRIETY: E.3. PLEADINGS ALLOWED IN SMALL CLAIM CASES

Note: The title of the action indicates the name of

LA SALLIAN COMMISION ON BAR OPERATIONS

thereto and simultaneously filed therewith:

CERTIFICATION AGAINST FORUM SHOPPING REQUIREMENTS OF A CORPORATION EXECUTING