DEAN TAN NOTES (Repaired)

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

Notes by: Paul Lemuel E. Chavez
CIVIL PROCEDURE NOTES 2. BP 129 (Judiciary Reorganization Act of

1980) as amended by RA7691 (Act
PRELIMINARIES expanding the jurisdiction of MTCs, MuTCs,
MCTCs
Remedial Law
3. Rules of Court
Branch of law which prescribes the method 4. Supreme Court Administrative Matters and
of enforcing the rights or obtaining redress Circulars
for their invasions 5. Supreme Court decisions
6. New Civil Code
7. Family Code
8. Local Government Code (RA 7160),
Remedial Law vs Substantive Law
particularly the Katarungang Pambarangay
Substantive Law Remedial Law Law
9. Special Laws and amendments
Part of the law which Refers to the legislation 10. Rules of Procedure on Small Claims
creates, defines, or providing means or 11. Revised Manual of the Clerk of Court
regulates rights methods whereby
concerning life, liberty, causes of action may be
or property or the effectuated, wrongs
Differentiate: Civil Actions, Special Proceedings,
powers of agencies or redressed, and relief
Criminal Actions
instrumentalities for the obtained (adjective law)
administration of public Special Criminal Civil Action
affairs Proceedings Procedure
Makes vested rights Has no vested rights A remedy by The State A party sues
possible which a party prosecutes a another for
seeks to person for an the
Prospective in Governs rights and
establish a act or enforcement
application transactions which took
status, a right, omission or protection
place (retroactive)
or a particular punishable by of a right, or
fact (Rule 1 law (Rule 1 the
Cannot be enacted by SC SC is expressly
S3c) S3b) prevention or
empowered to
redress of a
promulgate procedural
wrong
rules
A proceeding
wherein a
person is A civil action
prosecuted by may be
the State for ordinary or
acts or special. (R1
omissions S3a)
committed in
violation of
4 Main Divisions of Remedial Law: penal laws,
and to impose
1. Civil Procedure (Rules 1-71) the
2. Special Proceedings (Rules 72-109) corresponding
3. Criminal Procedure (R110-R127) penalty
4. Rules on Evidence (Rules 128-134) provided for
by penal laws
Governed by Governed by Both are

What are the sources of Remedial Law? special rules, the Revised governed by
and in the Rules of the Rules for
1. 1987 Constitution absence of Criminal ordinary civil
1
special Procedure actions, Sandiganbayan

provisions, subject to Family Courts (RA 8369)
the rules specific rules Court of Tax Appeals
provided for prescribed for Sharia Court
in ordinary a special civil
civil actions action (R1
shall be, as far S3a)
A3 S1
as practicable,
apply No person shall be deprived of life, liberty, or
suppletory property without due process of law, nor shall any
(R72 S2) person be denied the equal protection of the laws.
May involve Involves the Involves 2 or

only one party State against more parties
the accused A3 S9—(Basis of Rule 67)
Initiated by Initiated by Initiated by Private property shall not be taken for public use
petition complaint complaint, or, without payment of just compensation
(but filed in in some
court by special civil
Information) actions, by A6 S30
petition
No law shall be passed increasing the appellate
Except Based on an Based on a jurisdiction of the SC as provided in this Constitution
Habeas act or cause of without its advice and concurrence.
Corpus, NOT omission action
based on a punishable by
cause of law
A8 S5 P1
action
The Supreme Court shall have the following powers:
- Exercise original jurisdiction over cases

affecting:
o Ambassadors
o Other public ministers and consuls
- Over petitions for
o Certiorari
CONSTITUTIONAL PROVISIONS Relating to CIVIL
o Prohibition
PROCEDURE
o Mandamus
A8 S1 o Quo warranto
o Habeas corpus
Judicial Power shall be vested in one Supreme Court
and in such lower courts as may be established by
law.
A7 S4
Judicial Power includes the duty of the courts of
The Supreme Court en banc shall be the sole judge
justice to settle actual controversies involving rights
of all contests relating to the election, returns, and
which are legally demandable and enforceable, and
qualification of the President or Vice President, and
to determine whether or not there is grave abuse of
may promulgate its rules for the purpose.
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
government.
A7 S18
The Supreme Court may review, in an appropriate

What are those other Courts as may be established proceeding filed by any citizen, the sufficiency of the
by Law? factual basis of the proclamation of martial law or
2
the suspension of the privilege of the writ or the 2. Pleading, practice, procedure in all courts
extension thereof, and must promulgate its decision 3. Admission to practice of law
thereon within 30 days from its filing. 4. Integrated Bar
5. Legal assistance to the underprivileged
Such rules shall (Limits to SC-rule making power):

A8 S5 P2—(Basis of Rule 56)
1. Provide simplified and inexpensive
- Review procedure for speedy disposition of cases
- Revise 2. Shall be uniform for all courts of the same
- Reverse grade
- Modify 3. Shall not diminish, increase, modify
- Affirm substantive rights.
o On appeal or certiorari, as the law
or the Rules of Court may provide, Rules of procedure of special court and quasi judicial
final judgments and orders of bodies shall remain effective unless disapproved by
lower courts in: the SC
1. All cases in which constitutionality or

validity of any
A8 S2
a. treaty,
b. international or executive The Congress shall have the power to define,
agreement prescribe, and apportion the jurisdiction of the
c. law various courts but may not deprive the SC of its
d. presidential decree jurisdiction over cases enumerated in S5 thereof.
e. proclamation
f. order No law shall be passed reorganizing the Judiciary
g. instruction when it undermines security of tenure of its
h. ordinance members.
i. regulation
i. is in question
A3 S16
2. all cases involving the legality of any
a. tax All persons shall have the right to speedy disposition
b. impost of cases before before all judicial, quasi judicial,
c. assessment administrative bodies.
d. toll
e. any penalty imposed in relation
thereto
A8 S14—(basis for Rule 36)
3. all cases in which the jurisdiction of any No decision shall be rendered by any court without
lower court is in issue expressing therein clearly and distinctly the facts and
the law on which it is based.
4. all criminal cases in which the penalty
imposed is reclusion perpetua or higher No petition for review or motion for reconsideration
of a decision of the court shall be refused due course
5. all cases in which only an error or question or denied without stating the legal basis therefor.
of law is involved
A9A S7 (basis of Rule 64)

A8 S5 P5 (basis of Rules of Court)
Each Commission shall decide by majority of all its
The SC shall have the power to promulgate rules Members in any case or matter brought before it
concerning: within 60 days from date of its submission for
decision or resolution. A case or matter is deemed
1. Protection and enforcement of submitted for decision or resolution upon the filing
constitutional rights of the last pleading, brief, or memorandum required
3
by the rules of the Commission or by the One which restricts the court’s jurisdiction
Commission itself. Unless otherwise provided by only to particular cases and subject to such
this Constitution or by law, any decision, order, or limitations as may be provided by the
ruling of each Commission may be brought to the SC governing law.
on certiorari by the aggrieved party within 30 days
from receipt of a copy thereof. It is confined to particular causes, or which
can be exercised only under the limitations
and circumstances prescribed by the statute
CIVIL PROCEDURE PROPER

Appellate Jurisdiction
Jurisdiction Power and authority conferred upon a
superior court to rehear and determine
Authority of the court to hear and decide a causes which have been tried in lower
case and to implement its decision courts, the cognizance which a superior
court takes of a case removed to it, by
appeal or writ of error, from the decision of
Rule 30 Rule 36 a lower court or the review by a superior
court of the final judgment or order of
some lower courts
Rule 39 Concurrent / Confluent / Coordinate

Jurisdiction
Power conferred upon different courts,
Venue Jurisdiction whether of the same or different ranks, to
take cognizance at the same stage of the
Place where action is Power of court to hear same case in the same or different judicial
instituted and decide a case territories
May be waived Jurisdiction over subject E.g. CA, SC, Sandiganbayan, RTC- in HC
matter and over nature cases, Writ of Amparo, Writ of Habeas Data
of action are conferred
by law and cannot be Original Jurisdiction
waived Power of the court to take judicial
cognizance of a case instituted for judicial
Procedural Substantive
action for the first time under conditions
May be changed by Cannot be subject of the provided by law and appellate jurisdiction,
written agreement of agreement of the parties or the authority of a court higher in rank to
the parties re-examine the final order or judgment of a
lower court which tried the case or elevated
Not a ground for motu A ground for motu for judicial review. It is jurisdiction
proprio dismissal, except proprio dismissal conferred upon or inherent in the first
in Summary Procedure instance
Jurisdiction conferred by law and filed at

the first instance (NOTE: all civil actions)
General Jurisdiction
Power to adjudicate all controversies except
Exclusive Jurisdiction
those expressly withheld from the plenary
Power to adjudicate a case or proceeding to
powers of the court.
the exclusion of all other courts at that
stage
It extends to all controversies which may be
brought before a court within the legal
Jurisdiction of the court to the exclusion of
bounds of rights and remedies.
all other courts
Special or Limited Jurisdiction
4
Exclusive Original Jurisdiction same case in the same or different judicial

Power of the court to take judicial territories
cognizance of a case instituted for judicial
action for the first time to the exclusion of
all other courts
Ancillary Jurisdiction
Power of the courts to settle issues which
Territorial Jurisdiction
are incidental to main issue
Refers to geographical area within which
the court’s powers can be exercised
In civil cases, assumes importance in case of
venue of real or mixed action
In criminal cases, consideration of territory
Appeal by Certiorari Petition for Certiorari
and locus of crime determine venue and
jurisdiction Rule 45 Rule 65
Territorial jurisdictions:
Petition is based on Petition is based on
SC and CA questions of law questions of jurisdiction,
National whether the lower court
RTC acted without
Regional jurisdiction jurisdiction or in excess
Inferior courts of jurisdiction or with
Territorial jurisdiction as defined by SC in grave abuse of discretion
BP129
Mode of appeal Mode of review /
*Power of tribunal considered with reference to the SPECIAL CIVIL ACTION
territory within which it is to be exercised.
Involves review of the Directed against
judgment award or final interlocutory order of
order on the merits the court or where there
Delegated Jurisdiction is no appeal or any plain,
The grant of authority to inferior courts to speedy, or adequate
hear and determine cadastral and land remedy
registration cases under certain conditions
Filed within 15 days from Filed not later than 60
notice of judgment, final days from notice of
order, or resolution judgment, order, or
Doctrine of Primary Jurisdiction appealed from resolution sought to be
courts will not resolve a controversy reviewed
involving a question which is within the
Stays judgment or final Unless a writ of
jurisdiction of an administrative tribunal,
order appealed from preliminary injunction or
especially where the question demands the
temporary restraining
exercise of sound administrative discretion
order is issued, the
requiring special knowledge and experience
petition does not stay
of said tribunal in determining technical and
the challenged
intricate matters of fact
proceeding
courts shall not take cognizance of a case

unless it has been decided at the
administrative level Appellant and appellee Judge, court, quasi
are original parties to judicial agency, tribunal,
the action, and the lower corporation, board or
court or quasi judicial officer or person are
Coordinate Jurisdiction
agency is not impleaded public respondents who
(same as Concurrent Jurisdiction)
are impleaded in the
Power conferred upon different courts,
action
whether of the same or different ranks, to
take cognizance at the same stage of the
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Motion for Motion for 2. All cases involving the legality of any tax,
reconsideration is not reconsideration or for impost, assessment or toll, or any penalty
required new trial is required; if a imposed in relation thereto
motion for
reconsideration or new 3. All cases in which the jurisdiction of any
trial is filed, the period lower court is in issue
shall not only be
interrupted but another 4. All criminal cases in which the penalty
60 days shall be given to imposed is reclusion perpetua or higher
petitioner (SC Admin (WITHIN THE SCOPE OF CRIMINAL
Matter 02-03) PROCEDURE- RULE 45)
Court is in exercise of its Court exercises original 5. All cases in which only an error or question
appellate jurisdiction jurisdiction of law is imposed
and power of review
1 and 2- PURE QUESTIONS OF LAW
Petition shall be filed Petition shall be filed
with the Supreme Court with the RTC, CA,
Sandiganbayan, Comelec
Administrative Supervision of the Supreme Court:
1. Over court personnel

JURISDICTION 2. Over Justices
3. Over Judges
SUPREME COURT 4. Practice of Law
5. Members of the Integrated Bar
Original Jurisdiction of the Supreme Court:
A8 S5 P1- (Rule 56)

CA decisions
The SC shall have exclusive original jurisdiction over
cases involving: - Appealable to SC under Rule 45
1. Ambassadors R45 S1- a party desiring to appeal by certiorari from

2. Other public ministers and consuls a judgment or final order or resolution of the Court
3. Over petitions for: of Appeals may file with the SC a verified petition for
a. Certiorari review on certiorari. The petition shall raise only
b. Prohibition questions of law which must be distinctly set forth.
c. Mandamus
d. Quo warranto
e. Habeas corpus
Note that questions of law can be raised before the
CA (BP129)
Appellate Jurisdiction of the Supreme Court:
A8 S5 P2 COURT OF APPEALS
The SC may review, revise, reverse, modify, or affirm Original jurisdiction / Original Concurrent
on appeal or certiorari, as the law or the Rules of Jurisdiction
Court may provide, final judgments and orders of
Original jurisdiction to issue writs of:
lower courts in:
- Mandamus
1. All cases in which the constitutionality or
- Prohibition
validity of any treaty, internation or
- Certiorari
executive agreement, law, presidential
- Habeas corpus
decree, proclamation, order, instruction,
- Quo warranto
ordinance, or regulation is in question
- Auxiliary writs and processes,
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o Whether or not in aid of its 5. In all matters of probate, testate or

appellate jurisdiction intestate, where gross value of estate
exceeds 300k OMM or exceeds 400k MM
Gross value- assessed value of property of deceased

Exclusive Original Jurisdiction: before deduction (NOT market value)
Exclusive original jurisdiction over the
actions for annulment of judgments of RTCs 6. In all actions involving the contract of
marriage and marital relations
Appellate Jurisdiction: 7. In all cases not within the exclusive

jurisdiction of any court, tribunal, person or
1. Rule 41- over RTC decisions in the exercise body exercising jurisdiction of any court,
of its ORIGINAL JURISDICTION (via Notice or tribunal, person or body exercising judicial
Record of Appeal) or quasi judicial functions
- RTC jurisdiction, first instance, including (refer to 902-A below)

Special Civil Actions
8. In all civil actions and special proceedings
2. Rule 42- over RTC decisions in the exercise falling within Exclusive original jurisdiction
of its APPELLATE JURISDICTION (via Petition of a Juvenile and Domestic Relations Court
for Review) and of the Court of Agrarian Relations as
now provided by law
3. Rule 43- Exclusive appellate jurisdiction
over all final judgments, resolution, orders, 9. In all other cases in which the demand,
or awards of quasi judicial agencies, exclusive of interest, damages of whatever
instrumentalities, boards, or commissions kind, attorney’s fees, litigation expenses,
(via Petition for Review) and costs or the value of property in
controversy exceeds 300k OMM or exceeds
400k MM
RTC
1996 Bar- Gross value is 200k, property located in
Exclusive Original Jurisdiction:
Pampanga. What is the jurisdiction and venue?
1. In all actions in which the subject of
MTC of the place of decedent’s actual residence at
litigation is incapable of pecuniary
the time of his death, if a resident of the Philippines.
estimation
If a non resident, then the MTC of the place where
his estate is located.
2. Actions which cannot be quantified into
monetary estimation
Subject matter (BP129)
(RA8799 S5.2 as amended by PD902-A)- exclusive
3. In all civil actions which involve title to or and original jurisdiction of the RTC to hear and
possession of real property or any interest decide following cases:
therein, where assessed value of property
involved exceeds 20k OMM or in MM, value
1. Cases involving devices or schemes
of property involved exceeds 50k
employed by or any acts of the
Except actions of FE and UD of lands and
 board of directors, business
buildings, original jurisdiction of which is
associates, its officers or
conferred with MTC, MuTC, MCTC
partnership, BBOP
4. In all actions in admiralty and maritime  amounting to fraud or
actions where demand or claim exceeds misrepresentation which may be
300k OMM or exceeds 400k MM detrimental to the interest of the
 public and/or of the stockholders,
partners, members of associations
7
or organizations registered with MTC

the Commission PSPM
(note: baligtarin ang RTC jurisdiction, below 20-50,
2. Controversies arising out of intracorporate 300-400)
or partnership relations,
Ordinary Civil Actions:
 between and among stockholders,
members or associates, 1. exclusive original jurisdiction over
 between any and all of them and civil actions and probate proceedings,
the corporation, partnership, or testate and intestate,
association of which they are including grant of provisional remedies in
stockholders, members or proper cases, where the value of the
associates respectively, personal property, estate or amount of the
 and between such corporation, demand does not exceed 300k OMM or
partnership or association and the 400k MM exclusive of interest, damages, of
state insofar as it concerns their whatever kind, AF, litigation expenses and
individual franchise or right to exist costs, the amount of which must be
as such entity specifically alleged. Provided, that interest,
damages of whatever kind, AF, litigation
3. Controversies in election or appointment of expenses, and costs shall be included in the
directors, trustees, officers or managers of determination of the filing fees.
such corporations, partnerships, or Totality Rule
associations DTOM Provided further that where there are
several claims or causes of actions between
4. Petitions of corporations, partnerships or the same or different parties, embodied in
associations to be declared in the state of the same complaint, the amount of demand
suspension of payments, shall be the totality of the claims in all the
in cases where the corporation, causes of action, irrespective of whether the
partnership or association cause of action arose out of same or
 possesses sufficient property to different transactions
cover all its debts but foresees the Rule 11. Application of the totality rule. —
impossibility of meeting them In actions where the jurisdiction of the
when they respectively fall due court is dependent on the amount involved,
the test of jurisdiction shall be the
or in cases where the corporation, aggregate sum of all the money demands,
partnership or association exclusive only of interest and costs,
 has no sufficient assets to cover its irrespective of whether or not the separate
liabilities, claims are owned by or due to different
but is under management of a parties. If any demand is for damages in a
rehabilitation receiver or civil action, the amount thereof must be
management committee specifically alleged.
*RTC acts as intra-corporate court hence,
remedy after judgment is petition for review 2. exclusive original jurisdiction over cases of
with CA via Rule 43 forcible entry or unlawful detainer,
provided that when, in such cases,
Concurrent Original Jurisdiction: defendant raises questions of ownership in
his pleadings and the question of
With SC, CA, -- over petitions for certiorari,
possession cannot be resolved without
mandamus, prohibition, quo warranto, habeas
deciding the issue of ownership, the issue of
corpus
ownership shall be resolved only to
Appellate Jurisdiction: determine the issue of possession
(issue of ownership is provisionally
Over all cases decided by MTCs, MuTCs, MCTCs in determined)
their respective territorial jurisdictions (see: Summary Procedure)
3. exclusive original jurisdiction in all civil

actions involving title to or possession of
8
property or any interest therein where In Civil Procedure, SC-CA-RTC-MTC

assessed value of property or interest
therein does not exceed 20k OMM or does In Criminal Procedure, SC-CA-SANDIGANBAYAN-RTC-
not exceed 50k MM exclusive of interest, MTC
damages of whatever kind, AF, litigation
expenses, costs.
Provided that in cases of land not declared Commencement of a Civil Action:
for taxation purposes, the value of such
property shall be determined by assessed R1 S5
value of adjacent lots
Civil action is commenced by the filing of the original
complaint in court and payment of the requisite
4. civil cases where the demand does not
docket fees. If an additional defendant is impleaded
exceed 300k or not more than 400k MM
in a later pleading, the action is commenced with
regard to him on the date of filing of such later
5. over actions involving personal property
pleading, irrespective of whether the motion for its
valued at not more than 300k OMM or not
admission, if necessary, is denied by the court.
more than 400k MM
6. admiralty and maritime cases where the

demand or claim does not exceed 300k DOCKET FEES- needed to acquire jurisdiction over
OMM or does not exceed 400k MM the case
Summary Procedure: Jurisdiction over plaintiff
1. All cases of FE and UD, irrespective of the By filing of original complaint in court plus
amount of damages or unpaid rentals payment of requisite docket fees
sought to be recovered. Where AF are
awarded, the same shall not exceed 20k
Jurisdiction over defendant

2. All other civil cases, except probate
proceedings, where the total amount of the By voluntary appearance or service of
plaintiff’s claim does not exceed 100k OMM summons
or 200k MM exclusive of interests and costs
(as amended by AM 2-11-9-SC)
Jurisdiction over subject matter

3. Civil cases not higher than 100k- Subject to
the Rule on Small Claims Conferred by law
What if, gumitna? 150k?

Jurisdiction over the issue
Higher than 100k OMM, then subject to Regular
Proceedings in MTC Determined by allegations in the complaint
BUT, below 200k MM, hence, in such case, subject to

Summary Procedure pa rin
Jurisdiction over the res
*Small claims as of 2016 is not exceeding 200k
By actual or constructive seizure of property
Why the need to discuss jurisdiction? by way of attachment or execution
To know whether subject to Motion to Dismiss (Rule

S1b), that the court has no jurisdiction over the
subject matter of the case Action, Cause of Action, Right of Action (Simplified
Version)
9
Action Cause of Action Right of Action Real Action
Suit to enforce Act or omission Remedial right - Actions affecting title to or possession of
one’s right or by which a to file a suit real property (A415 NCC in consideration)
for the party violates a based on cause - Venue: R4 S1
prevention or right of another of action
redress of a Personal Action
wrong
- Involves privity of contract/personal
property (A416-417 of NCC in
consideration)
Original Distinctions:
- Venue: R4 S2
Action Cause of Action Right of Action
Mixed Action
Suit filed in Act or omission Remdial right
court for by which a or right to relief - Action affecting title to or possession of real
enforcememt party violate a granted by law property + Privity of Contract
or protection of right of another to a party to - Venue: R4 S1
a right, or the (R2 S2) institute an
prevention or action against a
redress of a person who has
2ND GROUP: for purposes of determining
wrong (R1 S3) committed
jurisdiction/service of summons
delict or wrong
against him Action In Rem
Reason for the Remedy or - Action which binds the whole world
action means afforded Note: all Special Proceedings are in rem
or the actions
consequent - Summons/notification by PUBLICATION
relief
Formal Remedial right Action in Personam

statement of given to a
operative facts person because - Action which binds the parties
that give rise to of occurrence
a remedial right of the alleged
Action Quasi In Rem
facts
- Action which binds interests
Matter of A matter of
o Foreclosure of mortgage
procedure and right and
o Partition
depends on the depends on
o Attachment
pleadings filed substantive law
o Any interest or lien on real
by the parties
property
Not affected by Affected by
affirmative affirmative
defenses defenses Action in rem Action in Action Quasi in
(fraud, personam Rem
prescription,
estoppel, etc) Directed Directed Directed
against the against against
thing itself particular particular
persons persons
Jurisdiction Jurisdiction Jurisdiction

Kinds of actions:
over person of over person of over the person
1ST GROUP: for purposes of venue under Rule 4 defendant is defendant is of the
10
not required required defendant is estate contract both

not required as
long as Filed in the Filed in the Filed in the
jurisdiction court where court where court where
over the res is the property or the plaintiff or the property or
acquired any part any of the any part
thereof is plaintiffs thereof is
A proceeding to An action to A proceeding to situated (R4 S1) resides, where situated (R4 S1)
determine the impose a subject the defendant or
state or responsibility interest of a any of the
condition of a or liability upon named defendants
thing a person defendant over resides, or in
directly a particular case of non
property to an resident
obligation or defendant,
lien burdening where he may
it be found, at
election of
Judgment is Judgment is Judgment is plaintiff (R4 S2)
binding on the bonding only binding upon
whole world upon the particular Example: Example: Example:
parties persons
impleaded or
their successors
Accion Action for a Accion
in interest
reivindicatoria sum of money publiciana with
Examples: Examples: Examples: a claim for
damages
Probate Action for Action for

proceeding, specific partition Personal Action Action in personam
performance
Personal property is An action directed
sought to be recovered against particular
cadastral Action to or where damages for persons, may be real
proceeding, Action for foreclose real breach of contract are action, personal action,
breach of estate sought mixed action
contract mortgage
Founded on privity of Not necessarily; because
special
contract the action may also be
proceedings
real or mixed
Filed in court where R4 S1 or R4 S2 may

plaintiff or any of govern, depending on
Real Action Personal Mixed Action
defendants reside, at whether the action is
Action
option of plaintiff (R4 S2) real action or personal
Ownership or Personal Both real and action
possession of property is personal
real property is sought to be properties are
involved recovered or involved
Mixed Action Quasi In Rem Action
where damages
for breach of Both real and personal Both real and personal
contract are properties are involved properties may also be
sought involved
Founded on Founded on Founded on Founded on both privity Action directed against

privy of real privity of of real estate and privity particular persons, but
11
of contract jurisdiction over

defendant is not
required as long as RESPONSIVE PLEADING
jurisdiction over the res
A pleading that responds to allegations in
is acquired
the adverse party’s pleading
Rules on venue of real Rules on personal
actions shall govern (R4 actions govern (?)
S1) Initiatory Pleadings
Original complaint
Permissive counterclaim
Real Action In rem action Cross claim
Third party complaint
Ownership or possession Action directed against
4th party complaint
of real property is the thing itself
Complaint in intervention
involved
Petition
Filed in court where Not necessarily; depends In special civil actions
property or portion on whether the action is In special proceedings
thereof is situated real, personal, mixed Counter counter claim
Counter cross claim
A proceeding founded A proceeding to
on privity of real estate determine state or Counter Counter Claim Counter Cross Claim
condition of a thing
Any claim which Any claim which a
Judgment may bind Judgment is binding defending party in a defending party in a
whole world, or upon the whole world counterclaim may have cross claim may have
particular persons, against the original against the original cross
depending on whether in counterclaimant claimant
rem, in personam, quasi
COMPULSORY- Arises Can be an initiatory
in rem
out of or is necessarily pleading, if permissive
connected with the
transaction or
PLEADING (R6 S1) occurrence that is the
subject matter of the
Sworn written statements of the respective
opposing party’s claim
claims and defenses of the parties
submitted to the court for appropriate
judgment
PERMISSIVE- does not
arise of or is necessarily
connected with the
Complaint (R6 S3) transaction or
The complaint is the pleading alleging the occurrence that is the
subject matter of the
plaintiff’s cause or causes of action.
opposing party’s claim
Answer (R6 S4)
Pleading in which a defending party sets

forth his defenses
Responsive Pleadings
INITIATORY PLEADING
Answer to original complaint
A pleading that initiates an action Answer to permissive counterclaim
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Answer to third party complaint In special proceedings

Answer to fourth party complaint Reply
Answer to complaint in intervention
Comment or objection to petition Counter Answer to counter
Compulsory counterclaim counter claim counter claim
Reply
Answer to counter counter claim Counter cross Answer to counter
Answer to counter cross claim claim cross claim
A motion IS NOT A PLEADING Need to be verified, Except when otherwise

with certification provided by law or these
A position paper IS NOT A PLEADING against forum Rules, need not be verified
shopping, plus
A memorandum IS NOT A PLEADING
payment of docket
Why? fees
No need for certification
Motion is an application for relief other than by a against forum shopping,
and not need for payment
pleading (R15 S1)
of docket fees (Note:
Position Paper and Memorandum only narrate facts compulsory counterclaim,
of the case, issues, no cause of action, no defenses, docket fees are
but only contain discussions suspended)
Initiatory Pleading Responsive Pleading Instances when verification

is needed:
A pleading that A pleading that responds
initiates an action to allegations in the
adverse party’s pleading
Actionable
Original Answer to original document
complaint complaint
Allegations of
Permissive Answer to usury
counterclaim permissive
counterclaim Answer to
Cross claim permissive
Answer to third counterclaim
Third party party complaint
complaint Succeeding
Answer to fourth pleadings in
4th party party complaint special
complaint proceedings
Answer to
Complaint in complaint in
intervention intervention Complaint- a pleading alleging plaintiff’s cause and
causes of action
Petition Comment or
objection to
petition
FLOW OF CIVIL PROCEDURE
In special civil actions
I. BARANGAY CONCILIATION
Compulsory PROCEEDINGS
counterclaim
13
General Rule with respect to Barangay Conciliation

Proceedings: 10. where the person has otherwise been
deprived of personal liberty calling for
S412, LGC habeas corpus proceeding
No complaint, petition, action or proceedings
11. where the actions are coupled with
involving any matter within authority of the Lupon
provisional remedies such as preliminary
shall be filed or instituted directly or indirectly in
injunction, attachment, delivery of personal
court or in any other government office for
property, and support pendent lite
adjudication unless there has been a confrontation
between the parties before the Lupon Chairman or
12. where the action may otherwise be barred
the pangkat, and that no conciliation or settlement
by the statute of limitations
has been reacehed as certified by lupon or pangkat
chairman.
13. in case of labor disputes
14. action to annul a judgment upon a

Exceptions to above rule: compromise
S408, LGC
15. CARL disputes
1. where one party is the government or any
subdivision or instrumentality thereof 16. Disputes involving traditions of an
indigenous cultural community
2. where one party is a public officer or
employee, and the dispute relates to
performance of his official functions
Does the Exclusive Original Jurisdiction of the RTC
on actions involving those incapable of pecuniary
3. offenses punishable by imprisonment
estimation include provisional remedies as falling
exceeding 1 year or a fine exceeding 5k
within the category?
pesos
No, because provisional remedies are merely
4. offenses where there is no private offended ancillary to the main action. The category of actions
party incapable of pecuniary estimation refers only to
main actions.
5. where the dispute involves real properties
located in different cities or municipalities
unless the parties thereto agree to submit
Purpose of Barangay Proceedings:
their differences to amicable settlement by
an appropriate lupon Reduce the number of litigations and prevent the
deterioration of the quality of justice which has been
6. disputes involving parties who actually brought about by indiscriminate filing of cases in the
reside in barangays of different cities or courts. (Zamora vs Heirs of Izquierdo)
municipalities, except where such barangay
units adjoin each other and the parties
thereto agree to submit their differences to
amicable settlement by an appropriate Venue of Barangay Conciliation Proceedings:
lupon
S409, LGC
7. such other classes of disputes which the Disputes between persons actually residing
President may determine in the interest of in the same barangay shall be brought for
justice amicable settlement before the lupon of
said barangay
8. where one of the parties is a juridical entity
Those involving actual residents of
9. where accused is under police custody or different barangays within the same city or
detention munipality shall be brought in the barangay
14
where the respondent or any of the S417, LGC

respondents actually resides, at the election
of the complainant The amicable settlement or arbitration award may
be enforced by execution by the lupon within 6
All disputes involving real property or any months from the date of the settlement. After the
interest therein shall be brought in the lapse of such time, the settlement may be enforced
barangay where the real property or the by action in the appropriate city or municipal court.
larger portion thereof is situated
Those arising at the workplace where the Remedies of the parties in case of failure of
contending parties are employed or at the amicable settlement before the lupon:
institution where such parties are enrolled
for study, shall be brought in the barangay 1. File the case before the proper court
where such workplace or institution is 2. Repudiate the agreement (S418, LGC)
located 3. File a petition before the MTC to nullify the
agreement (when it is entered thru force,
intimidation, undue influence, threats)
Rules on appearance before Barangay Proceedings:
S415, LGC
Remedy in case of failure to comply with Barangay
In all katarungang pambarangay proceedings, the Conciliation:
parties must appear in person without the assistance
of counsel or representative, except for minors and As defendant, file a motion to dismiss under R16 S1j
incompetents who may be assisted by their next of on the ground that a condition precedent has not
kin who are not lawyers. been complied with.
Effect of Amicable Settlement and Arbitration Motion to dismiss was granted, remedy of plaintiff?
Award:
Re file the case with the certification of having
S416, LGC undergone Barangay conciliation proceedings, as the
dismissal is without prejudice.
The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a
court upon the expiration of 10 days from the date
Motion to dismiss was denied, remedy of
thereof,
defendant?
Unless:
R16 S4 states that if the motion is denied, movant
1. repudiation of the settlement has been shall file his answer within the balance of the period
made or granted by Rule 11 to which he was entitled at the
time of serving his motion, but not less than 5 days
2. a petition to nullify the award has been filed in any event, computed from his receipt of the
before the proper city or municipal court. notice of the denial. Proceed with the trial, and
when the decision is adverse, file an appeal raising
However, this provision shall not apply to court
as error the ground for denial of the motion to
cases settled by the lupon under last paragraph of
dismiss. When the denial is tainted with grave abuse
S408 of this Code, in which case the compromise
of discretion amounting to lack or excess of
settlement agreed upon by the parties before the
jurisdiction, file petition for certiorari under Rule 65.
lupon shall be submitted to the court and upon
approval thereof, have the force and effect of a
judgment of said court.
** In between Barangay conciliation and filing of
complaint, if real property is involved, plaintiff can
file adverse claim over the property, or can file
Rules on execution of judgment in Barangay
notice of lis pendens
Proceedings:
15
Notice of Lis Pendens 3. Civil cases not higher than 100k- Subject to
the Rule on Small Claims
- “buyer beware”
- Notice to buyer of existence of an adverse
claim
o It is not a pleading GENERAL RULE on Summary Procedure: No Motion
o There is need to register it with the to Dismiss is allowed (Prohibited Pleading)
register of deeds
EXCEPT:
1. Lack of jurisdiction over the subject matter

II. COMPLAINT of the claim
Complaint (R6 S3) 2. Lack of jurisdiction over the person of the

defendant
The complaint is the pleading alleging the
plaintiff’s cause or causes of action. 3. Failure to comply with Barangay
Conciliation Proceedings
Undergone Barangay Conciliation
Proceedings
NOTE: If the case undergone Barangay conciliation HOWEVER, with respect to SMALL CLAIMS CASES,
proceedings first, there must be a specific allegation
in the complaint that there is compliance with ABSOLUTE RULE: motion to dismiss is not allowed
Barangay Conciliation proceedings
Reason: defeats the purpose of Small Claims
Pag wala, patay (?)- M2D S1j OR amend the Proceedings
complaint (?)
Venue
Jurisdiction
- Can be subject to stipulation of the parties
IF, court has no jurisdiction, M2D R16 S1b
State: Rules on venue
(importance of knowing BP129 as amended by
RA7691 Rules on Jurisdiction) R4 S1
Granted- Refile Actions affecting title to or possession of real

property or interest therein shall be commenced and
Denied- State R16 S4 (yung BUONG SAGOT na Gusto tried in the proper court which has jurisdiction over
ni Boss Atty Tan) the area wherein the real property involved or a
portion thereof is situated.
Forcible entry and unlawful detainer actions shall be

Summary Procedure: commenced and tried in the MTC of the municipality
or city wherein the real property involved or a
Cases covered:
portion thereof is situated.
1. All cases of FE and UD, irrespective of the
R4 S2
amount of damages or unpaid rentals
sought to be recovered. Where AF are All other actions may be commenced and tried
awarded, the same shall not exceed 20k where the plaintiff or any of the principal plaintiffs
resides, where the defendant or any of the
2. All other civil cases, except probate defendants resides, or in case of a non resident
proceedings, where the total amount of the defendant he may be found at the election of the
plaintiff’s claim does not exceed 100k OMM plaintiff.
or 200k MM exclusive of interests and costs
(as amended by AM 2-11-9-SC) R4 S3
16
If any of the defendants does not reside and is not The motion was granted (court issues not a
found in the Philippines, and the action affects the judgment but an ORDER). Counsel for plaintiff.
personal status of the plaintiff or any property of Remedy?
said defendant located in the Philippines, the action
may be commenced and tried in the court of the I will refile the case in the court of the proper venue,
place where the plaintiff resides, or where the because the order of dismissal is without prejudice
property or any portion thereof is situated or found (R16).
EXCEPT: if there exists grave abuse of discretion

amounting to lack or excess of jurisdiction, Certiorari
EXCLUSIVITY OF VENUE- NOTE: Rule 4 SHALL NOT Rule 65 is the proper remedy
APPLY... if
R4 S4
Motion to dismiss was denied. Remedy for
1. The parties have validly agreed in writing defendant?
2. The agreement in writing was made before
the filing of the action Rule 16 S4
3. Exclusive venue is stipulated
File an answer within the balance of the period
Atty Tan’s comment: prescribed by Rule 11 to which he was entitled at the
time of serving his motion but not less than 5 days in
Rule 4 of the Rules of Court did not provide for MAY, any event, computed from his receiving of notice of
but SHALL denial. Then, go to trial. When the decision is
adverse, file an appeal raising as error the denial of
Suppose, Real property is subject of dispute (real the motion to dismiss. If the denial of the motion is
action). A lives in Pasay, B lives in Manila, the real tainted with grave abuse of discretion amounting to
property is located in Davao. Following Rule 4 S1, lack or excess of jurisdiction, file petition for
the suit should be filed in Davao, being the place certiorari under Rule 65.
where the property or portion thereof is situated.
However, the parties can exclusively agree that the
venue can be filed in Baguio, provided that the
requisites of R4 S4 as to exclusivity of venue are Motion to dismiss on the ground of improper venue
complied with IS A PROHIBITED PLEADING under the Rules on
Summary Procedure, and more so in Small Claims
So, it means that Rule 4 S1 can be the subject of
agreement, and that the suit can be filed somewhere Remedy: raise the ground as an affirmative
else other than what S1 provides? (Parang ok lang defense
sana kung concern e personal action under R4 S2-
can be subject of agreement, pero venue of REAL
ACTION CAN BE SUBJECT OF AGREEMENT?! Labo Parties
ata...)
(R3 S1)
Seems there is a loophole in Rule 4
Only natural or juridical persons, or entities
authorized by law may be parties in a civil action.
The term plaintiff may refer to the claiming party,
If the venue is permissive,
the counterclaimant, cross claimant, or the 3rd 4th etc
Then the venue is in addition to the rules on party plaintiff. The term defendant may refer to the
venue original defending party, the defendant in the
counterclaim, the cross defendant, or the 3rd 4th etc
party defendant.
Action was filed in the wrong venue: Plaintiff includes:
I will file motion to dismiss under R16 S1c on the - Counter counterclaimant
ground that the venue is improperly laid - Counter cross claimant
Defendant includes:
17
- Defendant in counter counterclaim be had of an action who shall be joined

- Defendant in counter cross claim either as plaintiff or defendant (R3 S7)
- An unwilling co plaintiff or one who should
be joined as plaintiff but refuses to give
consent thereto (R3 S10)
Necessary Party
- A person necessary to a complete
determination or settlement of the A necessary party is a party who is not
questions involved therein indispensable but who ought to be joined as
a party if complete relief is to be accorded
Plaintiff
as to those already parties, or for a
A person having an interest in the matter of complete determination or settlement of
the action or in obtaining the relief the claim subject of the action (R3 S8)
demanded
Defendant
Who is a proper party?
A person claiming an interest in the
A proper Party is the same as a necessary party, a
controversy or the subject thereof adverse
party who is not indispensable but who is ought to
to the plaintiff
be joined as a party if complete relief is to be
accorded as to those already parties, or for a
complete determination or settlement of the claim
3rd party plaintiff subject of the action (R3 S8)
A defending party who may with leave of Party those presence is necessary to adjudicate the
court file against a third person not party to whole controversy, but those whose interests are so
the action called the 3rd 4th etc party far separable that final decree can be made in their
defendant a claim for contribution, absence without affecting them (Quisumbing vs CA
indemnity, subrogation, or any other relief GR 93335 9/13/1990)
in respect of his opponent’s claim (R6 S11)
Representative party
Cross Claimant
R3 S3
A party to an original action who has a claim
against a co party arising out of the Party acting in a fiduciary capacity. The beneficiary
transaction or occurrence that is the subject shall be included in the title of the case and shall be
matter either of the original action or of a deemed to be the real party in interest. It may be:
counterclaim therein (R6 S8)
- Trustee of an express trust
- Guardian
- Executor
Real Party In Interest - Administrator
- A party authorized by law or these rules
A real party in interest is the party who o (agent acting in his own name and
stands to be benefited or injured by the for the benefit of an undisclosed
judgment in the suit, or the party entitled to principal may sue or be sued
the avails of the suit. Unless otherwise without joining the principal
provided by law or these rules, every action except when the contract involves
must be prosecuted or defended in the things belonging to the principal)
name of the real party in interest(R3 S2)
Pro Forma Party

Indispensable Party
Parties who are required to be joined as co parties in
An indispensable party is a party in interest suits by or against another party as may be provided
without whom no final determination can by the applicable substantive law or procedural rule
18
EXAMPLE: Spouses- husband and wife shall sue or be any question of law or fact common to all such
sued jointly, except as provided by law (R3 S4) plaintiffs or to all such defendants may arise in the
action; but the court may make such orders as may
be just to prevent any plaintiff or defendant from
being embarrassed or put to expense in connection
Quasi Party
with any proceedings in which he may have no
Parties in whose behalf a class or representative suit interest.
is brought
Non joinder/Misjoinder of parties- not a ground for

Not a real party in interest: Remedy? motion to dismiss
MOTION TO DISMISS on the ground of failure to IF so, remedy:

state cause of action
Amendment of the pleading (Rule 3 in relation to
Granted- refile Rule 10
Denied:
I will file an answer within the balance of the period Cause of Action
prescribed by Rule 11 to which i am entitled at the
time of serving my motion, but not less than 5 days Act or omission by which a party violates a
in any event, computed from my receipt of notice of right of another (R2 S2)
denial. Then, proceed with the trial. In case of
adverse decision I will appeal the judgment and
assign as error the denial of the motion to dismiss.
What are the elements of a cause of action?
However, if the denial is tainted with GAD
1. Plaintiff exercises a legal right
amounting to lack or excess of jurisdiction, then I will
2. Correlative obligation the part of defendant
file petition for certiorari under Rule 65.
to respect plaintiff’s legal right
3. Defendant violates plaintiff’s legal right in a
manner contrary to law, morals, good
JOINDER OF PARTIES customs, public order, public policy
Requisites: *STATE ALL CAUSES OF ACTION in the PLEADING!
1. Right to relief arises out of the same IF NOT, remedy:

transaction or series of transactions
M2D R16 S1g- failure to state cause of action
2. Jurisdiction over plaintiffs and defendants
GRANTED: refile; amend pleading
can be obtained
Denied:
3. There is question of law or fact common to
all plaintiffs or defendants I will file an answer within the balance of the period
prescribed by Rule 11 to which i am entitled at the
4. Such joinder is not otherwise proscribed by time of serving my motion, but not less than 5 days
the provisions of the rules on jurisdiction in any event, computed from my receipt of notice of
and venue denial. Then, proceed with the trial. In case of
adverse decision I will appeal the judgment and
R3 S6 assign as error the denial of the motion to dismiss.
All persons in whom or against whom any right to However, if the denial is tainted with GAD
relief in respect to or arising out of the same or amounting to lack or excess of jurisdiction, then I will
series of transactions is alleged to exist, either file petition for certiorari under Rule 65.
jointly, severally, or in the alternative, may, except
as otherwise provided in these rules, join as plaintiffs
or be joined as defendants in one complaint, where
Joinder of Causes of Action (R2 S5)
19
A party may in one pleading assert, in the alternative File a motion to dismiss for failure to state the cause
or otherwise, as many causes of action as he may of action
have against an opposing party, subject to the
following conditions: Splitting a Single Cause of Action:
A. That the party joining the causes of action It is the act of dividing or indivisible cause of
shall comply with the rules on joinder of action into several causes of actions and
parties bringing several actions thereon
B. The joinder shall not include special civil

actions and actions governed by Special R2 S3
Rules
A party may not institute more than one suit for a
Special Civil Actions: single cause of action
1. Interpleader (R62)
2. Declaratory Relief (R63)
3. Review of Judgments and Final orders or R2 S4
resolutions of COMELEC, CoA (R64)
If 2 or more suits are instituted on the basis of the
4. Certiorari, Prohibition, Mandamus (R65)
same cause of action, the filing of one or a judgment
5. Quo Warranto (R66)
upon the merits in any one is available as a ground
6. Expropriation (R67)
for dismissal of the others.
7. Foreclosure of Real Estate Mortgage (R68)
8. Partition (R69)
9. Forcible Entry and Unlawful Detainer (R70)
10. Contempt (R71) Supposing, the plaintiff split a single cause of
action, remedy?
INCLUDES: SPECIAL PROCEEDINGS
(SEGTARHHCVJCDC +) As defendant, I will file a motion to dismiss on the
ground of litis pendencia or res judicata (R16 S1 e or
Sum of money + Foreclosure of Mortgage = CANNOT f)
BE JOINED! (latter is a special civil action)
GRANTED, remedy: APPEAL (dismissal is with
Hence, sue in alternative / either or prejudice)
C. Where the claims pertain to different DENIED:

venues or jurisdictions, the joinder shall be
allowed in the RTC provided that it falls I will file an answer within the balance of the period
within the jurisdiction of said court and the prescribed by Rule 11 to which i am entitled at the
venue lies therein time of serving my motion, but not less than 5 days
in any event, computed from my receipt of notice of
D. Where the claims in all causes of action are denial. Then, proceed with the trial. In case of
principally for recovery of money, the adverse decision I will appeal the judgment and
aggregate amount claimed shall be the test assign as error the denial of the motion to dismiss.
of jurisdiction
However, if the denial is tainted with GAD
amounting to lack or excess of jurisdiction, then I will
file petition for certiorari under Rule 65.
If you are counsel for plaintiff, and the causes of
action are not joined, remedy?
File a motion to amend the complaint (as a matter or PLEADING / PARTS OF A PLEADING
right before a responsive pleading is filed, or with
Rule 7 S1
leave of court after a responsive pleading is filed if
the amendment is substantial—Here, di ko alam The caption sets forth:
kung substantial to...) – R10 S2 and 3
a. Name of the court
If you are counsel for defendant, and the causes of b. Title of the action
action are not joined, remedy?
20
c. Docket number if assigned R7 S3
The title of the action indicates the names of the Every pleading must be signed by the party or
parties. They shall be named in the original counsel representing him stating in either case his
complaint or petition. But in subsequent pleadings, address which should not be a post office box. The
it shall be sufficient if the name of the first party on signature of counsel constitutes a certification by
each side be stated with an appropriate indication him that
when there are other parties. Their respective
participation in the case shall be indicated. 1. he has read the pleading,
2. that to the best of his knowledge,
information or belief there is good ground
to support it, and
R7 S2 3. that it is not interposed for delay
The body of the pleading shall set forth its: An unsigned pleading produces no legal effect
1. Designation However, the court may, in its discretion, allow such
2. Allegation of the claims or defenses deficiency to be remedied if it appear that the same
3. Relief prayed for was due to mere inadvertence and not intended for
4. Date of the pleading delay.
Paragraph 1. Counsel who deliberately files unsigned

pleading
The allegations in the body of a pleading shall be 2. Signs a pleading in violation of these rule,
divided into paragraphs so numbered as to be 3. or alleges scandalous or indecent matter
readily identified each of which shall contain a therein,
statement of a single act of circumstances so far as 4. Or fails to promptly report to the court a
can be done with convenience. change of his address, shall be subject to
appropriate disciplinary action
A paragraph may be referred to by its number in all
succeeding pleadings.
Headings R7 S4
When 2 or more causes of action are joined, the Except when otherwise specifically required by law
statement of the first shall be prefaced by the words or rule, pleadings need not be under oath, verified,
first cause of action, of the second by second cause or accompanied by affidavit.
of action and so on for the others.
A pleading is verified by an affidavit that
When one or more paragraphs in the answer are
addressed to one of several causes of action in the 1. the affiant has read the pleading
complaint, they shall be prefaced by the words 2. that the allegations therein are true and
answer to the first cause of action or answer to the correct of his personal knowledge or based
second cause of action and so on; and when one or on authentic records
more paragraphs are addressed to several causes of
action, they shall be prefaced by words to that A pleading required to be verified which contains a
effect. verification based
Relief 1. on information and belief or

2. upon knowledge, information and belief
The pleading shall specify the relief sought, but it 3. or lacks a proper verification
may add a general prayer for such further or other
relief as may be deemed just and equitable. shall be treated as an unsigned pleading
Date
Every pleading shall be dated Is a jurat a part of a pleading?
The general rule is that pleadings need not be

verified. However, if the law or the Rules require
21
that a pleading be verified, verification is done by Quo Warranto (R66)

way of affidavit. In an affidavit, there is a need for
jurat to be present. Hence, in a verified pleading, a Expropriation (R67)
jurat becomes part of a pleading.
Foreclosure of Real Estate Mortgage (Rule
68)
What are the pleadings that need to be verified?

Partition (R69)
Petition for relief from judgment or order
(R38 S3) Forcible Entry and Unlawful Detainer (R70)
Petition for review from RTC to CA (R42 S1) Contempt (R71)
(all Special Proceedings)

Petition for review from CTA and q-j
agencies to the CA (R43 S5) Settlement of Estate of Deceased (R73-90)
Appeal by certiorari from the CA to SC (R45
S4) Escheat (R91)
Petition for annulment of judgment or final Petition for guardianship of minors (AM __-
orders and resolutions (R47 S4) __-__-SC)
Complaint for injunction (R58 S4) Petition for guardianship of incompetents

(R92-97)
Application for appointment of receiver
(R59 S1) Petition for custody of minors in relation to
habeas corpus, AM __-__-__-SC)
Application for support pendent lite (Rule
61 S1) Trusteeship (R98)
(all initiatory pleadings)

Petition for Domestic Adoption (Domestic
Original Complaint Adoption Act, )
Permissive Counterclaim Petition for inter country adoption (Inter

Country Adoption Act, )
Cross Claim
Habeas Corpus (R102)
rd th
3 4 etc party complaint
Writ of Amparo ( )
Complaint in intervention
Writ of Habeas Data ( )
Petition
Change of Name (R103)
(all Special Civil Actions)
Clerical Error Act ( )
Interpleader (R62)
Cancellation or Correction of Entries in the

Declaratory Relief and Similar Remedies
Civil Registry (R108)
(R63)
Voluntary Dissolution of Corporations

Review of Judgments and Final Orders or
(Corporation Code )
Resolutions of COMELEC, CoA (R64)

Judicial Approval of Voluntary Recognition
of Minor Natural Children (Family Code,
Petitions for certiorari, prohibition,
)
mandamus (R65)
22
Constitution of the Family Home (Family Motion for dissolution of preliminary

Code, ) injunction (R58 S6)
Declaration of Absence and Presumptive Application for writ of replevin (R60 S2)
Death (R107 in relation to Civil and Family Claim against estate of a decedent (R86 9)
Code )
Motion for new trial on the ground of newly
Petition for declaration of Nullity and discovered evidence in criminal cases (R121
Annulment of Marriage ( ) S4)
Petition for legal separation ( )

Does the answer need to be verified?
Pleadings not required be verified in the manner As a general rule, answers need not be verified, save
and form prescribed by S4 of this Rule but the same for following instances:
must be under oath:
Answer to allegations of usury in a
Denial of genuineness and due execution of complaint to recover usurious interests (R8
actionable document (R8 S8) S11)
Denial of allegations of usury (R8 S11) When the answer is based on an actionable
document (R8 S8)
Motion to set aside default order (R9 S3b)
Answer under the Revised Rules on
Answer to written interrogatories (R25 S2) Summary Procedure
Answer to request for admission (R26 S2) Answer in Small Claims Cases
The following pleadings or motion with affidavit or If the pleading is not verified, as counsel for
affidavits of merit: plaintiff, remedy?
Motion to postpone for absence of File for judgment on the pleadings under Rule 34 S1,
evidence (R30 S3) on the ground of admission of material allegations of
the adverse party’s pleadings. Ground is based on
Motion to postpone for illness of a party or the fact that an answer is filed, but there is no
counsel (R30 S4) genuine issue because the allegations are deemed
Motion for summary judgment or admitted.
opposition thereto (R35 S1,2,3,5)
R34 S1
Motion for new trial on the ground of fraud, Grounds for judgment on the pleadings:
accident, mistake, or excusable negligence
or opposition thereto (r37 S2) Answer fails to tender an issue
Answer admits the material allegations of
Petition for relief from judgment or order the adverse party’s pleading
(R38 S3)
Third party claim (R39 S16) Who can verify a pleading?
Proof required of a redemptioner (R39 S30) A party need not sign the verification.
Motion for preliminary attachment (R57 S3) The following may sign verification:
Party
Party’s representative
23
Party’s Lawyer Forum shopping is an act of malpractice of filing

Any person who personally knows the truth multiple suits in different courts either
of the facts alleged in the pleading simultaneously or successively, involving the same
parties, and asking the courts to rule on the same or
related causes and/or to grant the same or
substantially the same relief
How about an authorized representative? Can he
verify?
Yes, if armed with proper authority from the party 3 ways of committing forum shopping:
(Through SPA?)
Filing multiple cases based on the same
cause of action and with the same prayer
the previous not having been resolved (litis
R7 S5- certification against forum shopping
pendencia)
Plaintiff or principal party shall certify under oath in
the complaint or other initiatory pleading assisting a Filing multiple cases based on the same
claim for relief, or in a sworn certification annexed cause of action and with the same prayer,
thereto and simultaneously filed therewith, the previous having been resolved with
finality (res judicata)
1. that he has not theretofore commenced
any action or filed any claim involving the Filing multiple cases based on same causes
same issues in any court, tribunal or quasi of action but with different prayers
judicial agency, and, to the best of his (splitting cause of action on the ground of
knowledge, no such other claim or action is litis pendencia or res judicata)
pending therein
2. if there is such other pending action or

Pleadings requiring certification against forum
claim, a complete statement of the present
shopping:
status thereof
Initiatory Pleadings
3. if he should thereafter learn that the same
or similar action or claim is filed or is Original complaint
pending, he shall report that fact within 5 Permissive counterclaim
days therefrom to the court where his Cross claim
aforesaid complaint or initiatory pleading 3rd 4th etc party complaint
has been filed Complaint in intervention
Petition
Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the
complaint or pleading but shall be cause for
dismissal of the case without prejudice, unless What is stated in certification against forum
otherwise provided, upon motion and after hearing. shopping:
Submission of a false certification or non R7 S5

compliance with any of the undertakings therein
The plaintiff or principal party shall certify under
shall constitute indirect contempt of court without
oath in the complaint or other initiatory pleading
prejudice to corresponding administrative and
asserting a claim for relief, or in a sworn certification
criminal actions.
annexed thereto and simultaneously filed therewith:
If acts of party or counsel clearly constitute wilful
1. That he has not theretofore commenced
and deliberate forum shopping, the same shall be
any action or filed any claim involving the
ground for summary dismissal with prejudice, direct
same issues in any court, tribunal or quasi
contempt, and cause for administrative sanctions.
judicial agency and, to the best of his
knowledge, no such other action or claim is
pending therein
Forum Shopping:
24
2. If there is such other pending claim or As counsel for defendant, file motion to dismiss
action, a complete statement of the present under Rule 16 S1j on the ground that a condition
status thereof precedent has not been complied with.
3. If he should thereafter learn that the same
or similar action or claim has been filed or is
pending, he shall report that fact within 5
Motion to dismiss was granted, remedy?
days therefrom to the court wherein his
aforeseaid complaint or initiatory pleading As plaintiff, refile the case, on the ground that the
has been filed dismissal is without prejudice.
States the effects of: (R7 S5) If the plaintiff committed wilful and deliberate
forum shopping, and the complaint was dismissed,
Failure to attach certification against
remedy?
forum shopping
As plaintiff, i will file notice of appeal under Rule 41,
Failure to comply with the foregoing requirements
because the dismissal is without prejudice, hence, in
shall not be curable by mere amendment of the
the nature of a final order.
complaint or pleading but shall be cause for
dismissal of the case without prejudice, unless
otherwise provided, upon motion and after hearing.
Define, enumerate, each pleadings:
Remedy is file motion to dismiss R16 S1j,
and if granted, plaintiff’s remedy is to refile Complaint (R6 S3)
the case with the required certification, The complaint is the pleading alleging the
unless if declared by the court as dismissal plaintiff’s cause or causes of action.
with prejudice, hence, remedy is appeal
Counterclaim (R6 S6)
Any claim which a defending party may
have against an opposing party
Submission of a falser certification or non
compliance of any of the undertakings
Compulsory Counterclaim (R6 S7)
therein
A counterclaim which being cognizable by
Submission of a false certification or non compliance the regular courts of justice arises out of or
of any of the undertakings therein shall constitute is connected with the transaction or
indirect contempt of court without prejudice to occurrence constituting the subject matter
corresponding administrative and criminal actions of the opposing party’s claim and does not
require for its adjudication the presence of
third parties of whom the court cannot
acquire jurisdiction
Willful and deliberate forum shopping
Permissive Counterclaim (R6 S7)
If the acts of party or counsel clearly constitute wilful
A counterclaim which being cognizable by
and deliberate forum shopping, the same shall be
the regular courts of justice does not arise
ground for summary dismissal with prejudice, direct
out of or is connected with the transaction
contempt, and cause for administrative sanctions.
or occurrence constituting the subject
Serves as FINAL ORDER, hence, appeal is the matter of the opposing party’s claim and
proper remedy if motion to dismiss under may require for its adjudication the
R16 S1j is granted presence of third parties of whom the court
cannot acquire jurisdiction
Remedies in case of failure to attach certification

against forum shopping: Cross claim (R6 S8)
Any claim by one party against a co party
arising out of the transaction or occurrence
25
that is the subject matter either of the

original action or of a counterclaim therein
Counter Cross Claim
3rd 4th etc party complaint (R6 S11)
A claim that a defending party may, with
leave of court, file against a person not a Third Party Complaint
party to the action, called a 3rd 4th etc party
defendant for contribution, indemnity, A vs B vs C (for CISA)
subrogation, or any other relief in respect of
C is impleaded for CISA
his opponent’s claim
Complaint in intervention (R19 S1)

Pleading filed by an intervenor if he Complaint In intervention
answers a claim against either or all of the
original parties A vs B
C (or)
Answer in intervention (R19 S3)
Filed by intervenor if he unites with the C wants to be impleaded in the action
defending party in resisting a claim against
the latter
Answer (R6 S4)

Pleading in which a defending party sets
forth his defenses
THIRD PARTY COMPLAINT IN
Counter counterclaim (R6 S9) COMPLAINT INTERVENTION
A counterclaim that may be asserted
against an original counterclaimant Rule 6 Rule 19
A claim that a defending Pleading filed by an

Counter crossclaim
party may, with leave of intervenor if he answers
A cross claim which may be filed against an
court, file against a a claim against either or
original cross claimant
person not a party to the all of the original parties
action, called a 3rd 4th etc
party defendant for
contribution, indemnity,
Intervenor is any person
subrogation, or any
Counterclaim who has a legal interest
other relief in respect of
in the matter in
Original complaint his opponent’s claim
ligitation, or in the
success of either of the
A vs B
parties, or who has an
interest against both
parties, or who is so
Counterclaim situated as to be
adversely affected by the
distribution or other
disposition of property
Counter Counter Claim
in the custody of the
court or of an officer
thereof
Cross Claim
A vs B and C
(Original Complaint)
Third party is impleaded Third party has legal
Cross Claim
26
in the suit for CISA interest and wants to be Pleading Affidavit

impleaded in the suit
Docket fees are required Not
Initiatory Pleadings to be paid
Requires payment of docket fees
Lis Pendens vs Litis Pendencia
Lis Pendens Litis Pendencia
Permissive Counterclaim vs Compulsory “buyer beware” Filing multiple suits in

Counterclaim (Simplified version) different courts involving
same parties, same
Permissive CC Compulsory CC causes of action, same
Notice to buyer of
facts, same relief, the
Does not arise out of or Arises out of or is existence of an adverse
identity of the 2 cases
is connected with the connected with the claim
such that any judgment
transaction or transaction or
that may be rendered in
occurrence that is the occurrence that is the
one case, regardless of
subject matter of the subject matter of the
which party is successful,
opposing party’s claim opposing party’s claim
would amount to res
Needs verification and Not judicata in the other
certification against case
forum shopping
Notice A ground for motion to
Docket fee is required to Docket fees are dismiss under Rule 16
be paid suspended
Failure to file answer not

results in declaration of
default Simultaneous or after filing of the original
complaint/pleading asserting a claim,
may require for its Does not require for its
adjudication the adjudication the PROVISIONAL REMEDIES may be availed of,
presence of third parties presence of third parties ancillary to the main action for protection and
over whom the court over whom the court preservation of rights while the main action is
cannot acquire cannot acquire pending
jurisdiction jurisdiction
PROVISIONAL REMEDIES
Not barred even if not Barred if not set up in
set up in the action the action - Temporary, auxiliary, ancillary remedies
available to a litigant for the protection and
Initiatory pleading Not an initiatory preservation of his rights while the main
pleading action is pending
The following are the provisional remedies:
3PC vs Third party claim 1. Preliminary Attachment (Rule 57)

2. Preliminary Injunction (Rule 58)
Third Party Complaint Third Party Claim 3. Receivership (Rule 59)
4. Replevin (Rule 60)
Initiated by way of By way of affidavit
5. Support Pendente Lite (Rule 61)
complaint
NOTE: Not Exclusive!
Filed before the court Filed before the sheriff
Protection orders
For CISA Terceria
Provisional orders
27
being found or taken by the applicant or an

Production orders authorized person
Witness protection orders d. In an action against a party who has been

guilty of fraud in contracting the debt or
See: RA 9262, Rules on Nullity/Annulment incurring the obligation upon which the
of Marriage/Legal Separation, Petition for action is brought, or in the performance
Custody of Minors, Writ of Amparo, Writ of thereof
Habeas Data
e. In an action against a party who has
NOTE ALSO: removed or disposed of his property, or is
about to do so with intent to defraud his
Injunction and replevin can be main actions
creditors
in themselves
f. In an action against a party who does not

reside and is not found in the Phils, or on
PROVISIONAL REMEDIES whom summons may be served by
publication
A. Preliminary Attachment (Rule 57)
When filed? (R57 S1)

Requirements: (Rule 57 S3)
At the commencement of the action or at any time
1. By way of motion or by way of complaint
before entry of judgment, a plaintiff or any proper
party may have the property of the adverse party
2. Verified application through Affidavit
attached as security for the satisfaction of judgment
attached to motion or complaint
that may be recovered in the following cases (See
grounds)
- Stating the grounds
- That there is no sufficient security
Grounds for preliminary attachment (NOTE: 3. Allegation of the ground necessitating the
TINATANONG SA BAR!) need for preliminary attachment
Rule 57 S1 4. Posting of bond in an amount to be

determined by the court
a. In an action for recovery of a specified
amount of money or damages, other than
moral and exemplary, on a cause of action
arising from law, contract, quasi contract, How is attachment applied for?
delict or quasi delict against a party who is
about to depart from the Phils with intent By way of motion? Or by way of complaint?
to defraud his creditors
EITHER
b. In an action for money or property

embezzled or fraudulently misapplied or
converted to his own use by a public HOW?
officer, or an officer of a corporation, or an
At the commencement of the complaint
attorney, factor, broker, agent, or clerk, in
the course of his employment as such, or by - By verified complaint
any other person in a fiduciary capacity, or
for a wilful violation of duty At any time before judgment
c. In an action to recover the possession of - By verified motion

property unjustly or fraudulently taken,
detained, or converted, when the property,
or any part thereof, has been concealed, Cany you apply for writ of attachment before the
removed, or disposed of to prevent its MTC?
28
YES. Order of denial of motion to quash:
In all instances? - INTERLOCUTORY, hence,

o M4R R65 S4
YES. Because under Summary Procedure, not a o Certiorari R65 S1, R41 S1b
prohibited pleading
FE/UD- No
Purpose of the bond:
Amount 200k MM- yes
- To answer for damages incurred by the
100k- no adverse party in case writ of attachment is
improperly or irregularly enforced
Ordinary Civil Actions- yes
Writ of Preliminary Writ of Replevin

When is it necessary to issue summons?
Attachment
In case of implementation of the preliminary Covers real or personal Covers only personal
property property
attachment (3rd stage)
At the commencement Commencement of the
of the action or at any action or at any time
time before entry of before answer
judgment
Stages:
Amount of the bond is Amount of the bond is
- Publication the value of the double the amount of
obligation (fixed by the the personal property
- Order/Execution
court)
o BOTH ARE EX PARTE May be resorted to even Can be sought only when
- Implementation if property is in the defendant is in actual
o With Summons possession of a third possession of the
person property
How attached? B. Preliminary Injunction (Rule 58)
- Garnishment Injunction
- Levy on attachment
o Annotated on back of title, warning - Judicial writ, process, or proceeding
on subsequent buyer subject to whereby a party is ordered to do or refrain
outcome of the case from doing a particular act
Preliminary Injunction
Remedy in case of issuance of writ of attachment: - An order granted at any stage of an action
or proceeding prior to the judgment
R57 S12 and S13 requiring a party or a court, agency, or a
person to refrain a particular act or acts
S12- Motion to discharge attachment upon giving of
counterbond Preliminary Mandatory Injunction
S13- Motion to quash the writ of attachment on the - An order requiring the performance of a
ff grounds: particular act or acts
- That the writ was improperly or irregularly

issued or enforced
- That the bond is insufficient Denial- interlocutory
If the attachment is excessive, the discharge shall be - Remedy: certiorari

limited to the excess
If FJ- appeal
29
Can preliminary injunction be issued ex parte? By way of MOTION or by way of VERIFIED

COMPLAINT
NO (?). TRO- yes
IF by verified complaint, at the commencement of
the action or before entry of judgment,
INCORPORATED IN THE BODY OF THE COMPLAINT
Writ of preliminary TRO
injunction
If by motion, then by an application for relief
A writ granted at any An order to restrain
complying with the Rules on Motion:
stage of action or particular act or acts of a
proceeding prior to the party for a limited period
1. In writing, [except those made upon in open
judgment or final order, of time
requiring a party or a court or in the course of a hearing or trial ]
court, agency or person (R15 S2)
from a particular act or
acts. It may also require 2. Must be verified and accompanied by an
performance of a affidavit of merit if the ground for the
particular act or acts, in
motion is FAME
which case it shall be
known as a preliminary
mandatory injunction 3. Shall state the following (R15 S3)
a. Relief sought to be obtained

GROUNDS for preliminary injunction (R58 S3): b. Grounds upon which it is based
and
a. That the applicant is entitled to the relief
c. If required by these Rules or
demanded, and the whole or part of such
necessary to prove facts alleged
relief consists in restraining the commission
therein, shall be supported by
or continuance of the act or acts
supporting affidavits and other
complained of, or in requiring the
papers
performance of an act or acts, either for a
limited period or perpetually
4. Motion is set for hearing by applicant (R15
S4)
b. That the commission, continuance, or non
performance of the act or acts complained
5. Notice of hearing addressed to all parties
of during the litigation would probably work
concerned, specifying the time and date of
injustice to the applicant, or
hearing which must not be later than 10
days after the filing of the motion (R15 S5)
c. That a party, court, agency, or a person is
doing, threatening, or is attempting to do,
6. Motion and notice of hearing must be
or is procuring or suffering to be done,
served at least 3 days before the date of
some act or acts probably in violation of the
hearing (3 day notice rule)
rights of the applicant respecting the
subject of the action or proceeding, and
7. Proof of service of the motion
tending to render the judgment ineffectual
R13 S13
Proof of personal service shall consist of:

Irreparable damage and injury
- Written admission of party served or
- Of such constant and frequent recurrence
- Official return of the server or
that no fair or reasonable redress can be
- Affidavit of the party serving containing a
had therefore in court of law or where
full statement of the date, place, and
there is no standard by which their amount
manner of service
can be measured with reasonable accuracy
If by service is by ordinary mail, proof thereof shall
consist of an affidavit of the person mailing of facts
How do you avail? showing compliance with S7 of this Rule.
30
If service is by registered mail, proof shall be made

by such affidavit and registry receipt issued by the Sec. 5. Preliminary injunction not granted without
mailing office notice; exception. No preliminary injunction shall be
granted without hearing and prior notice to the
The registry return card shall be filed immediately party or persons sought to be enjoined. If it shall
upon its receipt by the sender, or in lieu thereof, the appear from facts shown by affidavits or by the
unclaimed letter together with the certified or sworn verified application that great or irreparable injury
copy of the notice given by the postmaster to the would result to the applicant before the matter can
addressee. be heard on notice, the court to which the
application for preliminary injunction was made,
8. If the motion is not served to the other
may issue ex parte a temporary restraining order to
party by personal service, such mode
be effective only for a period of twenty (20) days
resorted to must be accompanied by a
from service on the party or person sought to be
written explanation why the service or filing
enjoined, except as herein provided. Within the
was not done personally. A violation of this
twenty-day period, the court must order said party
Rule may be cause to consider the paper as
or person to show cause at a specified time and
not filed (R13 S11)
place, why the injunction should not be granted.
The court shall also determine, within the same
period, whether or not the preliminary injunction
Effect of failure to comply with Sections, 4, 5, 6 of shall be granted, and accordingly issue the
Rule 15? corresponding order.
1. *the motion shall be treated as a worthless

However, subject to the provisions of the preceding
piece of paper which the clerk of court has
sections, if the matter is of extreme urgency and the
no right to receive and the court has no
applicant will suffer grave injustice and irreparable
authority to act upon (mere scrap of paper)
injury, the executive judge of a multiple-sala court or
2. It does not interrupt the running of the
the presiding judge of a single-sala court may issue
prescriptive/reglementary period for the
ex parte a temporary restraining order effective for
filing of the requisite pleading
only seventy-two (72) hours from issuance, but
3. It will be ground for denial of the motion
shall immediately comply with the provisions of the
4. The motion shall be considered as not filed
next preceding section as to service of summons
and the documents to be served therewith.
Thereafter, within the aforesaid seventy-two (72)
HOW? hours, the judge before whom the case is pending
shall conduct a summary hearing to determine
At the commencement of the complaint whether the temporary restraining order shall be
extended until the application for preliminary
- By verified complaint
injunction can be heard. In no case shall the total
At any time before judgment period of effectivity of the temporary restraining
order exceed twenty (20) days, including the
- By verified motion original seventy-two hours provided herein.
In the event that the application for preliminary

Status Quo Order injunction is denied or not resolved within the said
period, the temporary restraining order is deemed
- Order issued by the court to maintain the automatically vacated. The effectivity of a temporary
last, peaceable, actual, uncontested restraining order is not extendible without need of
condition of the parties before the action or any judicial declaration to that effect, and no court
proceeding shall have authority to extend or renew the same on
the same ground for which it was issued.
However, if issued by the Court of Appeals or a

TRO- order restraining particular act or acts of a
member thereof, the temporary restraining order
party for a limited period of time; can be issued ex
shall be effective for sixty (60) days from service on
parte
the party or person sought to be enjoined. A
(RULE 58- AM 7-7-12) restraining order issued by the Supreme Court or a
31
member thereof shall be effective until further TRO- order restraining acts of a party for a limited
orders. l period of time
The trial court, the Court of Appeals, the 20 days

Sandiganbyan or the Court of Tax Appeals that
72 hours (ex parte)- extreme urgency
issued a writ of preliminary injunction against a
lower court, board, officer, or quasi-judicial agency 20 days non extendible
shall decide the main case or petition within six (6)
months from the issuance of the writ.
Can the court issue injunction ex parte?
NO!- requires notice and hearing
“Lifetime” (R57 S5 in relation to AM 7-7-12) Can MTC issue TRO?
- Effective only for a period of 20 DAYS from Ordinary Civil Actions- Pwede
service on the party or person sought to be
Forcibly Entry / UnlawFul Detainer- YES
enjoined.
o Court to order said party or person R70 S15
to show cause at a specified time
and place why injunction should Court may grant preliminary injunction, in
not be granted, w/n P injunction accordance with the provisions of R58 thereof, to
should be granted, and accordingly prevent defendant from committing further acts of
issue the corresponding order dispossession against plaintiff.
A possessor deprived of possession through Fe or UD

- IF the matter is of EXTREME URGENCY,
may, within 5 days from filing of complaint, present
applicant will suffer grave injustice and
a motion in the action for FE UD for issuance of writ
irreparable injury, executive judge of multi
of preliminary mandatory injunction to restore him
sala court or presiding judge of single sala
in his possession. The court shall decide the motion
court may issue EX PARTE TRO
within 30 days from filing thereof
o Effective for only 72 HOURS from
issuance, R70 S20
 But shall immediately
comply with provisions of Upon motion of plaintiff, within 10 days from
the next preceding section perfection of appeal to the RTC, the latter may issue
as to service of summons a writ of preliminary mandatory injunction to restore
and documents to be plaintiff in possession if the court is satisfied that
served
- defendant’s appeal is frivolous or dilatory,
- Within the 72 hours, judge to conduct or
summary hearing to determine whether the - that the appeal of plaintiff is prima facie
TRO can be extended until application for meritorious
preliminary injunction can be heard,
o Total period of effectivity of TRO
shall NOT EXCEED 20 DAYS, REMEDIES IN CASE OF PRELIMINARY INJUNCTION:
including the original 72 hours
provided therein Granted: (Rule 57 S6)
CA issues: effective for 60 DAYS from service on the - quash the writ based on:
party or person sought to be enjoined
1. upon showing of insufficiency
SC or member issues: effective until further orders 2. on other grounds upon affidavits of the
party or person enjoined
3. if it appears after hearing that although
AGAIN... applicant is entitled to the injunction or
restraining order, the issuance or
32
continuance thereof, as a case may be, stage of an action or exercising J, QJ,

would cause irreparable damage to the proceeding prior to the Ministerial Function
party or person enjoined while applicant judgment requiring a acted without jur or with
party or a court, agency, GAD amounting to lack
can be fully compensated for such damages
or a person to refrain a or excess of jurisdiction,
he may suffer
particular act or acts for respondent to desist
from further
Other requirements for quashal of writ:
proceedings
1. filing of bond in amount fixed by court
conditioned that he will pay all damages Mandatory Injunction Mandamus
which applicant may suffer by the denial or Provisional Remedy Special Civil Action
dissolution of the injunction or restraining Rule 58 Rule 65
order An order requiring the Requires performance of
performance of a a ministerial act or to
Denied: particular act or acts desist from excluding
another from a right or
- M4R office (ministerial)
- Certiorari Rule 65 Directed against a party Directed against a
Judicial or quasi judicial
Can there be injunction in criminal cases? bodies exercising
ministerial functions
YES, in case of preliminary injunction with respect to Provisional remedy Original action
preliminary investigation (general rule, no, but the By way of motion By way of petition
enumerations are the exceptions)
1. When prejudicial to the rights of the

accused
C. Receivership (Rule 59)
2. When there is need for protecting the
- Provisional remedy to preserve a property
Constitutional rights of the accused
subject of litigation from further loss,
wastage, damage, dissipation for the
3. To Prevent the long arm of the law from
protection of another person
being vindictive
Where applied for?
4. When prejudicial question is involved in the
case 1. Court where action is pending
2. CA
5. In case of criminal prosecution under an 3. SC
invalid law
Grounds: (R59 S1)
a. When it appears from the verified

Can MTC issue preliminary injunction? application, and such other proof
as the court may require, that the
YES, except in: party applying for the appointment
of receiver has an interest in the
Case falling under Summary Procedure, if the claim
property or fund which is the
being 100k (Small Claims), EXCEPT:
subject of the action or
- FE and UD proceeding, and that such property
o R70- preliminary mandatory or fund is in danger of being lost,
injunction and preliminary removed, or materially injured
prohibitory injunction are allowed unless a receiver be appointed to
administer and preserve it
b. When it appears in an action by

Prohibitory Injunction Prohibition
the mortgagee for the foreclosure
Provisional remedy Special civil action
Rule 58 Rule 65 of mortgage that the property is in
An order granted at any Petition in case a person danger of being wasted or
33
dissipated or materially injured, - By way of motion

and that its value is probably
insufficient to discharge the NOTE: Receivership as provisional remedy applies to
mortgage debt, or that the parties all civil actions, while receivership of corporation is
have so stipulated in the contract an original action applicable only to corporations
of mortgage under the Corporation Code of the Philippines
c. After judgment, to preserve the

property during the pendency of Receivership with appointment of receiver: pwede
an appeal, or to dispose of it
according to the judgment, or to Receivership with MTC: pwede, except in Small
aid execution when execution has Claims
been returned unsatisfied or when
judgment obligor refuses to apply
his property in satisfaction of the General powers of receiver:
judgment or otherwise to carry the
judgment into effect R59 S6
d. Whenever in other cases it appears Subject to the control of the court in which the
that the appointment of a receiver action or proceeding is pending, a receiver shall have
is the most convenient and feasible the power to
means of preserving,
1. Bring and defend, in such capacity, actions
administering, or disposing of the
in his own name
property in litigation
During pendency of appeal, the appellate court may 2. Take and keep possession of the property in
allow an application for the appointment of a controversy
receiver to be filed in and decided by the court of
origin and the receiver appointed to be subject to 3. To receive rents
the control of said court.
4. To collect debts due to himself, as receiver
or to the fund, property, estate, person,
corporation to which he is the receiver
REQUIREMENTS:
5. To compound for and compromise the
1. Verified motion in a complaint / Verified
same
complaint at commencement of action (R59
S1)
6. To make transfers
2. Bond by applicant in an amount to be fixed

7. To pay outstanding debts
by the court to pay such person against
whom application is presented to pay such
8. To divide the money and other property
party all damages he may sustain by reason
that shall remain among the persons legally
of the appointment of such receiver in case
entitled to receive the same
the applicant shall have procured such
appointment without sufficient cause(R59
9. To do such acts respecting the property as
S2)
the court may authorize
3. Oath and Bond by receiver to faithfully However, funds in the hands of a receiver may be
discharge of his duties in an action or invested only by order of the court upon the written
proceeding and obey court orders consent of all the parties to the action.
IF pending appeal, No action may be filed by or against a receiver

without leave of the court which appointed him
- By verified complaint
IF after judgment,
34
Termination of receivership; compensation of c. That the property has not been distrained
receiver or taken for a tax assessment or a fine
pursuant to law, or seized under a writ of
R59 S8 execution or preliminary attachment, or
otherwise placed under custodia legis, or if
Whenever the court, motu proprio or on motion of
so seized, that it is exempt from such
either party, shall determine that the necessity for
seizure or custody
receiver no longer exists, it shall, after due notice to
all interested parties and hearing,
d. The actual market value of the property
1. settle the accounts of the receiver,
2. Posting of bond by applicant in double the
2. direct the delivery of the funds and other value of the property stated in the affidavit
property in his possession to the person mentioned, for return of the property to
adjudged to be entitled to receive them, adverse party if such return be adjudged,
and for payment to adverse party of such
3. and order the discharge of the receiver sum as he may recover from the applicant
from further duty as such in the action
The court shall allow the receiver such reasonable

compensation as the circumstances of the case
Denied, REMEDY:
warrant, to be taxed as costs against the defeated
party, or apportioned, as justice requires. Counterbond double the amount of property
D. REPLEVIN (Rule 60) E. SUPPORT PENDENTE LITE (Rule 61)
- A provisional remedy for recovery of - Amount of support provisionally fixed by

personal property / reacquisition of the court in favour of the person or persons
personal property subject of litigation entitled thereto during the pendency of an
action for support
Can be a provisional remedy or a main action
IMMEDIATELY EXECUTORY!
- If a main action, then it is an action for
recovery of unlawfully withheld personal Where filed?
property in the possession of another
FAMILY COURT
Jurisdiction/Venue:
Why not in MTC? Because action for support is
RTC or MTC (300k-400k OMM MM higher lower) incapable of pecuniary estimation
(Exception: Criminal cases falling under MTC

jurisdiction?)
REQUIREMENTS: (R60 S2)
When available?
1. Verified Application (by affidavit)/complaint
before service of answer - Action for support
- Relief sought is support for applicant
Facts:
- Nullity of marriage
a. That applicant is the owner of the property - Annulment of marriage
claimed, particularly describing it, or is - Legal separation
entitled to the possession thereof - Custody of minors in relation to habeas
corpus
b. That the property is wrongfully detained by - Criminal cases:
adverse party, alleging cause of detention o Rape
thereof according to the best of his o RA9262
knowledge, information, and belief
S1- Application
35
At - having due regard to the probable outcome

and such other circumstances as may aid in
- the commencement of the proper action or the proper resolution of the question
proceeding, involved.
- or at any time prior to the judgment or final
order, If the application is granted,
o a verified application for support
pendentee lite may be filed by any - the court shall fix
party o the amount of money to be
 stating the grounds for provisionally paid,
the claim and the financial o or such other forms of support as
conditions of both parties, should be provided,
and  taking into account the
 commenced by affidavits, necessities of the
depositions, or other applicant and the
authentic documents in  resources or means of the
support thereof adverse party, and
 terms of payment or
mode for providing the
support.
S2- Comment
If the application is denied, the principal case shall
A copy of the application and all supporting be tried and decided as early as possible.
documents
- shall be served upon adverse party,

o who shall have 5 days to comment S5- enforcement of order
thereon
 unless a different period is If the adverse party fails to comply with an order
fixed by the court upon granting support pendente lite, the court shall, motu
his motion. proprio or upon motion,
The comment shall be verified and shall be - issue an order of execution against him,
accompanied by affidavits, depositions, or other o without prejudice to his liability for
authentic documents in support thereof. contempt.
When the person ordered to give support pendente

lite refuses or fails to do so,
S3- Hearing
- any third person who furnished that
1. After the comment is filed, or support to the applicant may, after due
2. after the expiration of the period for its notice and hearing in the same case,
filing, o obtain a writ of execution to
a. the application shall be set for enforce his right of reimbursement
hearing not more than 3 days against the person ordered to
thereafter provide such support.
The facts in issue shall be proved in the same

manner as if proved for evidence on motions.
S6- Support in criminal cases
In criminal cases
S4- Order
1. where the civil liability includes support for
The court shall determine provisionally the offspring as a consequence of the crime
2. and civil aspect thereof has not been
1. the pertinent facts, and waived, reserved, or instituted prior to its
filing,
shall render such order as justice and equity may
require,
36
a. the accused may be ordered to (discussed in this stage because initiatory pleadings
provide support pendente lite to are filed, by complaint or by petition, as the case
the child born to the offended may be)
party allegedly because of the
crime. SCA initiated by SCA initiated by
complaint petition
The application therefore may be filed successively - Interpleader (62) - declaratory
by the - Foreclosure of relief (62)
mortgage (68) - review of
- offending party, - Forcible entry / adjudication of
UD (70) comelec, coa
- her parents,
- Partition (69) (64)
- grandparents, - Expropriation - c, m, p (65)
- or guardian (67) - qw (66)
- and the state in the corresponding criminal - contempt (71)
case during its pendency,
o in accordance with the procedure
established in this Rule. 1. Interpleader (62)
2. Declaratory Relief and other similar
remediesv (63)
3. Review of judgments, final orders,
S7- Restitution resolutions of CoA, COMELEC (64)
4. Certiorari, Prohibition, Mandamus (65)
When the judgment or final order of the court finds
5. Quo Warranto (66)
that the person who has been providing support
6. Expropriation (67)
pendente lite is not liable therefor,
7. Foreclosure of Real Estate Mortgage (68)
- it shall order the recipient thereof to return 8. Partition (69)
to the former the amounts already paid 9. Forcible Entry/Unlawful Detainer (70)
with legal interest from the dates of actual 10. Contempt (71)
payment,
Governed by Special Rules, Rules on ordinary civil
o without prejudice to the right of
actions apply in a suppletory manner (OR is it the
recipient to obtain reimbursement
other way? R1 states governed by rules on ordinary
in a separate action from the
civil actions, subject to specific rules prescribed in a
person legally obliged to give the
special civil action)
support.
Examples:
Should recipient fail to reimburse said amounts, the
VENUE
- person who provided the same may
likewise MOTION TO DISMISS
o seek reimbursement thereof in a
separate action from the person DEMURRER TO EVIDENCE
legally obliged to give such
support. PARTS OF A PLEADING
Failure of action for support pendente lite, REMEDY: INTERPLEADER (Rule 62)
- move for motion for execution

- Initiated by way of complaint
DENIED,
S1- When proper
- file petition for indirect contempt, for
disobedience to lawful order of the court Whenever
- conflicting claims upon the same subject

matter
SPECIAL CIVIL ACTIONS
37
o are or may be made against a

person who claims no interest
whatever in the subject matter or S4- Motion to dismiss
o an interest in which in whole or in
Within the time for filing an answer, each claimant
part is not disputed by claimants,
may
 he may bring an action
against conflicting - file motion to dismiss on the ground of
litigants to compel them impropriety of the interpleader action or
to interplead and litigate - on other appropriate grounds specified in
their several claims Rule 16.
among themselves
The period to file the answer shall be tolled and
NOTE: Person in possession has no legal interest if the motion is denied, the movant may file his
answer within the remaining period, which shall
not be less than 5 days in any event, reckoned
Interpleader Intervention from the notice of denial. (See Rule 16 S4)
Rule 61 Rule 19
Without leave of court With leave of court
Original / Special Civil Ancillary to main action
S5- Answer and other pleadings
action
Filed by complaint for If for plaintiff- complaint Each claimant shall file his answer setting forth his
interpleader in intervention
claim within 15 days from service of the summons
If for defendant- answer upon him,
in intervention
At any time Before judgment - serving a copy thereof upon each of the
other conflicting claimants,
o who may file their reply thereto as
JURISDICTION: provided in these Rules.
RTC or MTC 20-50 real 300-400 personal higher If any claimant fails to plead within the time therein
lower fixed, the court may, on motion,
VENUE: - declare him in default and

- thereafter render judgment barring him
Real- R4 S1 from any claim in respect to the subject
matter.
Personal- R4 S2
The parties in an interpleader action may file
counterclaims, cross claims, 3rd party complaints and
S2- Order responsive pleading thereto, as provided in these
Rules.
Upon filing of the complaint, the court shall
- issue an order requiring the conflicting

claimants to interplead with one another. S6- Determination
If the interests of justice so require, After the pleadings of the conflicting claimants have
been filed, and pre trial has been conducted in
- the court may direct in such order accordance with these Rules,
o that the subject matter be paid or
delivered to the court. - the court shall proceed to determine their
respective rights and adjudicate their
several claims.
S3- Summons
Summons shall be served upon the conflicting In case of adverse Resolution,

claimants, together with a copy of the complaint and
order. Appeal pursuant to R40-42
38
- RTC- incapable of pecuniary estimation
DECLARATORY RELIEF AND OTHER SIMILAR

REMEDIES (R63)
Can the SC entertain petition for declaratory relief?
Objective: (R63 S1)
NO. BP129- RTC EO Jur, actions incapable of
Interpretation/Construction of: pecuniary estimation
o deed,
o will,
o contract, or Requirements:
o other written instrument, or
S2- Parties
determining validity of:
All persons who have or claim any interest which
o statute, would be affected by the declaration shall be made
o executive order, parties, and
o regulation,
- no declaration shall, except as provided in
o ordinance, or
these Rules,
o any other governmental regulation
o prejudice the rights of persons not
OTHER SIMILAR REMEDIES CONTEMPLATED which parties to the action.
applies the provisions of this Rule:
S3- Notice on Sol Gen
- reformation of an instrument
In any action which involves validity of
NOTE: INSTRUMENT, not the elements of the
- statute,
instrument—if such, e subject of another proceeding
- EO, or
to, annulment of contract
- regulation, or
- quiet title to real property or remove clouds - any other governmental regulation,
therefrom o The Sol Gen shall be notified by the
party assailing the same and
- consolidate ownership  shall be entitled to be
heard upon such question
In case of pacto de retro sale or foreclosure of
mortgage, not necessarily owner agad, hence, file for
consolidation of ownership under this Rule
S4- Local government ordinances
(EXCLUSIVE) hence, if not, then not subject here
In any action involving the validity of a local
NOTE: DECLARATORY RELIEF is the only civil action government ordinance,
(special vis a vis ordinary) that can be filed even
- the corresponding prosecutor or attorney
before breach or violation thereof
of the LGU involves shall be similarly
JURISDICTION/VENUE: notified and entitled to be heard.
Declaratory Relief: If such ordinance is alleged to be unconstitutional,

the Sol Gen shall also be notified and entitled to be
- RTC- incapable of pecuniary estimation heard.
Queting of title:
- MTC or RTC 20-50 OMM MM lower higher In case of adverse resolution
Consolidation of ownership: - APPEAL R41

o (R40 to RTC if Quieting in MTC)
- RTC- incapable of pecuniary estimation
Reformation of contracts:
39
REVIEW OF JUDGMENTS AND FINAL ORDERS OR 2. Respondent is Comelec or CoA, person

RESOLUTIONS OF THE COMELEC AND COMMISSION interested in sustaining
ON AUDIT (Rule 64 [but applying Rule 65]) 3. Finding of fact supported by substantial
evidence, final and non reviewable
Constitutional Basis: 4. State specific material dates showing it was
filed on time
A9A S7 (basis of Rule 64)
5. Accompanied by sworn certification against
Each Commission shall decide by majority of all its forum shopping
Members in any case or matter brought before it 6. Proof of service of its copy on commission
within 60 days from date of its submission for and adverse party, and of payment of
decision or resolution. A case or matter is deemed docket and other lawful fees
submitted for decision or resolution upon the filing
of the last pleading, brief, or memorandum required
by the rules of the Commission or by the S6- order to comment
Commission itself. Unless otherwise provided by
this Constitution or by law, any decision, order, or - Within 10 days from notice of order or
ruling of each Commission may be brought to the SC judgment, by respondent, or else, dismissed
on certiorari by the aggrieved party within 30 days
from receipt of a copy thereof. Grounds for dismissal
COVERAGE: (R64 S1) 1. Non compliance with form and contents

2. Non payment of docket and 500 for costs
Judgments, final orders, resolutions of COMELEC, 3. Filed manifestly for delay
CoA 4. Questions are too unsubstantial to warrant
further proceedings
S1- Scope
S7- Comments of respondents
Final orders or judgments of COA and COMELEC
- 18 copies
- No other pleading may be filed unless
required or allowed by court
S2- Mode
SC- petition for certiorari under Rule 65

S8- Effect of filing
Filing of certiorari will not stay execution of

S3- Time
judgment, FO, resolution sought to be reviewed,
Within 30 days from notice of judgment unless SC shall direct otherwise upon such terms as
may be just
IF M4r denied, filed within remaining period and not
less than any event reckoned from notice of the Petitioner may apply for TRO or preliminary
denial injunction to stay execution
NO FRESH PERIOD RULE, only in 40 41 42 43 45
Rule 65 Rule 64
Applies to orders of Applies to judgments,
S4- Docket, lawful fees judicial, quasi judicial final orders, resolutions
court or tribunals of CoA and COMELEC
Pay, + 500 for costs 60 days from denial of 30 days from notice of
motion for judgment or final order
reconsideration (AM 7-7- or resolution sought to
12-SC) be reviewed
S5- Form/Contents Motion for NOT
reconsideration is
1. Verified petition, 18 copies, with certified required
true copy of judgment Petition filed before RTC, Petition filed before SC
40
CA, SC c. assessment
d. toll
e. any penalty imposed in relation
Rule 43 Rule 64 thereto
Appeal/Petition for Petition for review of
review of decisions of judgments and final
Quasi Judicial Bodies orders or resolutions of 8. all cases in which the jurisdiction of any
COMELEC and CoA lower court is in issue
15 days from notice of 30 days from notice of
award, final judgment, judgment or final order 9. all criminal cases in which the penalty
resolution sought to be reviewed imposed is reclusion perpetua or higher
With the CA With the SC
10. all cases in which only an error or question
of law is involved
CERTIORARI, PROHIBITION, MANDAMUS (Rule 65)
Constitutional Basis:
What is the MATERIAL DATES RULE?
A8 S1 P2
As far as Rule 65 is concerned, the following material
Judicial Power includes the duty of the courts of
dates must be stated in the verified petition or else,
justice to settle actual controversies involving rights
the petition would be denied:
which are legally demandable and enforceable, and
to determine whether or not there is grave abuse of 1. Notice of the order or judgment
discretion amounting to lack or excess of jurisdiction 2. Date of the filing of the motion for
on the part of any branch or instrumentality of the reconsideration
government. 3. Date of the denial of the motion for
reconsideration
A8 S5 P2
- Review
- Revise Certiorari
- Reverse
- Modify - Special civil action directed to an inferior
- Affirm court, tribunal, board or officer directing
o On appeal or certiorari, as the law judicial or quasi judicial functions, to annul
or the Rules of Court may provide, or modify proceedings of such court,
final judgments and orders of tribunal, board or officer in the event that
lower courts in: the same has acted with grave abuse of
discretion amounting to lack or excess of
6. All cases in which constitutionality or jurisdiction
validity of any o Seeks to correct errors of
a. treaty, jurisdiction
b. international or executive
agreement Prohibition
c. law
- Special civil action directed against any
d. presidential decree
tribunal, board, officer or person exercising
e. proclamation
judicial, quasi judicial, or ministerial
f. order
functions, to desist from further
g. instruction
proceedings in the event that the same
h. ordinance
acted with grave abuse of discretion
i. regulation
amounting to lack or excess of jurisdiction
i. is in question
Mandamus
7. all cases involving the legality of any
a. tax - Special civil action directed against any
b. impost tribunal, corporation, board, officer or
41
person, to do the act required to be done to same as those raised and passed upon by
protect the rights of petitioner and to pay the lower court
damages sustained by petitioner by reason
of the respondent’s wrongful act, in the 3. where there is an urgent necessity for the
event that the same unlawfully neglected in resolution of the question and any further
the performance of ministerial duty or delay would prejudice the interest of the
unlawfully excluded another from use and government or the petitioner or the subject
enjoyment of a right or office to which such of the action is perishable
other is entitled
4. where under the circumstances, a motion
QUALIFICATIONS in ALL 3: for reconsideration would be useless
- that there is no plain, speedy, or adequate

5. where petitioner was deprived of due
remedy in the ordinary course of law
process, and there is extreme urgency for
relief
Certiorari Mandamus Prohibition 6. where, in a criminal case, relief from an

discretionary Ministerial Discretionary and
ministerial order of arrest is urgent and the granting of
To annul order To order To restrain such relief by the trial court is improbable
performance performance
60 days from receipt of final judgment or order or from denial of
motion for reconsideration 7. where the proceedings in the lower court
Against entity or Against entity or Against entity or are a nullity for lack of due process
person exercising j person exercising person exercising j,
or ej function ministerial function ej, ministerial
function 8. where the proceeding were ex parte or in
Without or GAD Unlawful neglect of Without or GAD
ministerial duty or which the petitioner had no opportunity to
excluded another object
from a right or
office
Correct errors of Performance of act To restrain or 9. where the issue raised is one purely of law
jurisdiction or desist from prevent usurpation or where public interest is involved
excluding another of jurisdiction
from a right or
office
REQUIREMENTS:
1. verified petition in 7 legible copies
2. it should be filed not later than 60 days

from notice of judgment, order or
resolution sought to be assailed or from
Errors of Jurisdiction Errors of Judgment
Court acted with GAD Misapprehension of law denial of M4R
amounting to lack or or facts by the court
excess of jurisdiction 3. contain full names and addresses of
Action of the court Valid proceeding petitioners and respondents, concise
Correctible by certiorari Correctible by appeal statement of matters involved, factual
Rule 65 Rules 40-43, 45 background of the case, grounds relied
upon for the relief prayed for
General Rule: M4R is required to allow the court to
4. accompanied by clearly legible duplicate
correct its errors
originals or certified true copies of award,
Exception: judgment, order, resolution, ruling subject
1. where the order is a patent nullity, as 5. certification against forum shopping

where the court has no jurisdiction
6. pay docket and lawful fees, 500 for costs
2. where question raised in the certiorari
proceedings have been duly raised and 7. serve copy upon adverse party or parties
passed upon by the lower court, or are the and the court
42
Rule 65 as amended by Am 7-7-12:

8. service and filing to be done personally,
with explanation if not done personally
Sec. 4. When and where to file the petition.
General rule: The petition shall be filed not later than sixty (60)
days from notice of the judgment, order or
Certiorari is not a substitute for lost appeal resolution. In case a motion for reconsideration or
new trial is timely filed, whether such motion is
Except: required or not, the petition shall be filed not later
than sixty (60) days counted from the notice of the
- denial of due process
denial of the motion.
- appeal is not a remedy

If the petition relates to an act or an omission of a
o no appeal or no plain, speedy,
municipal trial court or of a corporation, a board,
adequate remedy
an officer or a person, it shall be filed with the
Regional Trial Court exercising jurisdiction over the
- court without jurisdiction
territorial area as defined by the Supreme Court. It
may also be filed with the Court of Appeals or with
- when deprived of substantial rights
the Sandiganbayan, whether or not the same is in
aid of the courts appellate jurisdiction. If the petition
involves an act or an omission of a quasi-judicial
Note: in the cases, in event of denial of petition, and agency, unless otherwise provided by law or these
in exercise of original jurisdiction, remedy is APPEAL rules, the petition shall be filed with and be
cognizable only by the Court of Appeals.
MTC to RTC- Rule 40
In election cases involving an act or an omission of a
RTC to CA- Rule 41 (original), Rule 42 (appellate)
municipal or a regional trial court, the petition shall
CA to SC- Rule 45 be filed exclusively with the Commission on
Elections, in aid of its appellate jurisdiction.
The above-stated is the PRINCIPLE OF HIERARCHY OF
COURTS
- superior courts would not take cognizance NO MORE EXTENSION OF TIME IS GIVEN TO FILE
of a case brought before it unless the case CERTIORARI!
has been decided by the lower courts in the
exercise of its jurisdiction
Same principle in certiorari:

M4R based on Rule 65 M4R based on Rule 37
MTC to RTC- 60 days
Of interlocutory order, Of final judgment or final
as preparation to file order, not including
RTC to CA- 60 days
certiorari interlocutory orders
CA to SC- 60 days
QUO WARRANTO (Rule 66)
- proceeding or writ issued by the court to

65 vs 45 (simplified)
determine the right to the use or exercise of
Rule 65 Rule 45 an office, position or franchise and to oust
60 days 15 Days the person holding or exercising such office,
Motion for Not position or franchise if his right is
reconsideration required unfounded or if he had forfeited his right to
Questions of jurisdiction Questions of law enjoy the privilege
SC, CA, RTC SC
Special civil action Mode of appeal/petition
for review
2 kinds of quo warranto:
43
1. usurpation of public office Not Subject to BP129

Can be filed with MTC Cannot be filed with
2. dissolution of a de facto corporation MTC
Contest right of elected Show title to public
public officer to hold office or exercise public
Rule 66 S1 public office franchise
Ineligibility or Usurpation, forfeiture,
An action for usurpation of a public office, position, disqualification of illegal association
or franchise may be commenced by a verified person elected to hold
the office
petition brought in the name of the Republic of the
Within 10 days after Within 1 year from
Philippines against: proclamation of usurpation of office
candidate
a. a person who usurps, intrudes into, or
Filed by any voter Filed by government or
unlawfully holds or exercises a public office, person entitled to the
position, or franchise office
b. a public officer who does or suffers an act

which by provision of law constitutes a
ground for the forfeiture of his office
Expropriation (Rule 67)
c. an association which acts as a corporation Eminent Domain- right and authority of the State to
within the Phils without being legally acquire private property for public use upon
incorporated or without lawful authority to observance of due process and payment of just
act compensation
*Sol Gen commences action (S2, S3) Expropriation- procedure to be observed in the
exercise of the right of eminent domain
Period: (S11)
Within 1 YEAR
Constitutional Basis:
- after cause of ouster or right of petitioner
to hold such office, or position arose A3 S9
Within 1 YEAR (action for damages) Private property shall not be taken for public use
without payment of just compensation
- after entry of judgment establishing
petitioner’s right to the office in question
in short... Jurisdiction: RTC, incapable of pecuniary estimation

(BP129)
within 1 YEAR from usurpation of public office
Venue: Where the property is located
REMEDY IF DENIED: Appeal
Basis: (action involving title to or real property under
R4 S1)
Jurisdiction and Venue:
CANNOT BE FILED WITH SC, because under EO jur of
RTC, CA, SC RTC
If Solicitor General files- RTC, CA, SC
If other person files- R4 S1 R4 S2 NOTE: Expropriation is an instance where multiple

appeals are filed (30 day record on appeal in case of
multiple appeal)
Quo Warranto Election Quo Warranto Rule 66 Why? 3 orders issued under Rule 67:
Code
Election Code Rules of Court 1. order of compensation
COMELEC, RTC. MTC RTC, CA, SC 2. order of expropriation
Omnibus Election Code Basis: A8 Consti, R66
44
3. final order of just compensation Nature of Action:
- QUASI IN REM
- Service of summons by publication
Remedy of person after expropriation, no payment
made: Jurisdiciton/Venue:
- recover property from expropriator within 5 MTC-RTC 20-50 OMM MM lower higher
years after non payment
Where real property or portion thereof is situated
(R4 S1)
FORECLOSURE OF MORTGAGE (Rule 68)
(Tan, Handbook on Civil Procedure and pleadings, pp Classification of Foreclosure of Mortgage:

142-145)
1. JUDICIAL FORECLOSURE
Foreclosure
To have the property seized and sold by the court
- action by which a mortgagee or pledge or order to the end that the proceeds thereof be
any other lien holder cuts off the right of applied to payment of plaintiff’s claim
debtor whose property is pledged, because
of default in meeting the obligation 2. EJ FORECLOSURE
Foreclosure of Mortgage Possession of property sold may be given to

purchaser by sheriff after the period of redemption
- termination of all the rights of the had expired, unless there is a third person actually
mortgagor in the property covered by the holding the property adversely to the mortgagor
mortgage
Remedies of Mortgagee in case of default of

Manner of foreclosure of mortgage: mortgagor/waiver of right to foreclose:
Rule 68 S1 a. Judicial or extrajudicial foreclosure of

mortgage
Contents of action:
b. Filing of ordinary action to collect debt
1. date and due execution of mortgage
- Here, under b, deemed to have waived his

2. assignments, if any
right to proceed against the property in a
foreclosure proceeding
3. names and residences of mortgagor and
mortgagee
4. description of mortgaged property Right of Redemption Equity of Redemption

Exists in EJ foreclosure Exists in J foreclosure
5. statement of date of the note or other By mortgagee within 1 By mortgagor during not
documentary evidence of the obligation year from registration of less than 90 days nor
the sale in the Office of more than 120 days
secured by the mortgage
the Registry of Deeds from entry of judgment
or foreclosure or even
6. amount claimed to be unpaid thereon after foreclosure sale but
before judicial
7. names and residences of all persons having confirmation of the
of claiming interest in the property same
subordinate in right to that of the holder of
the mortgage, all of whom shall be made
J Foreclosure, no right of redemption, except only if
defendants in the action
morgagee is a bank
45
PARTITION (Rule 69) R4 S1 R4 S2
(Tan, Handbook on Civil Procedure and pleadings, pp

148-149)
In case of adverse resolution:
- Separation, division, assignment of a thing
held in common among those to whom it MULTIPLE APPEALS- 30 day record on appeal (R69
may belong S2)
Classes of partition: Why? (tingin ko lang)
1. Voluntary- division of property by the act of Orders under Rule 69:

the parties themselves
1. Order of partition
2. Order of accounting
2. Compulsory- partition by judicial
proceedings at the instance of one or more
of the co tenants without regard to the
wishes of the other co tenants NOTE: Partition is one mode of settlement of estate
of the deceased (relate to R75-77)
Kinds of Partition
1. Total- all the things are divided among the FORCIBLE ENTRY AND UNLAWFUL DETAINER (Rule
participants 70 in relation to Rules on Summary Procedure)
(issue is that of possession)

2. Partial- when some of the things are
divided, the rest remaining in community (Tan, Handbook on Civil Procedure and pleadings, pp
ownership 153-158)
3. Provisional- when it is temporary or Real Action + Action in personam- involves

conditional, until a final or definite division possession of real property, binding upon the parties
is made
NOTE: 3 kinds of recovery of real property
4. Definite- when the resulting division is
1. Accion interdictal- summary action for
permanent, final, and absolute
recovery of physical possession of the
property where dispossession has lasted for
5. Judicial- takes place when court intervenes
more than 1 year; FE or UD
and approves the petition
2. Accion publiciana- plenary action for
6. Extrajudicial- division may be made by
recovery of real right of POSSESSION
testator himself or by some person named
by deceased or amicably by interested heirs
3. Accion reivindicatoria- action for recovery
by common agreement (Rule 74 S1)
of OWNERSHIP
R69 S1
Ejectment- form of action by which possessory titles
A person having the right to compel partition of real to corporeal hereditariments may be tried and
estate may do so as provided in this Rule, setting possession obtained which lies to regain possession
forth in his complaint the nature and extent of his of real property, with damages for illegal detention
title and an adequate description of the real estate
2 kinds: FE and UD
of which partition is demanded and joining as
defendants all other persons interested in the Forcible Entry Unlawful Detainer
property Person in physical Withholding by a person
possession of land was of possession of land or
Covers: REAL or PERSONAL PROPERTY deprived of possession building
through FISTS
Jurisdiction/Venue: Unlawful ab initio Legal but becomes illegal
Not require demand to Pay AND vacate;
MTC RTC 20-50 300-400 OMM MM lower higher vacate jurisdictional
46
Prove prior possession No need to prove prior cross claims shall be filed and served within 10 days
until deprived physical possession from service of the answer in which they are
1 y from date of actual 1 year from date of last pleaded.
entry on land demand
- Within 10 DAYS from service of summons

Filed by: R70 S1 o Rule 70
o Summ Pro
Person deprived of possession of land or building by
S6- Effect of Failure to answer
FISTS, or lessor, vendor, vendee, other person
Should the defendant fail to answer the complaint
against whom possession of any land or building is
within the period above provided, the court, motu
unlawfully withheld proprio or on motion of the plaintiff, shall render
judgment as may be warranted by the facts alleged
in the complaint and limited to what is prayed for
therein. Provided, however, that the court may in its
Jurisdiction/Venue: discretion reduce the amount of damages and AF
claimed for being excessive or otherwise
MTC of the place where property or portion thereof unconscionable. This is without prejudice to
is situated (R4 S1) applicability of R15 S4 of the Rules of Court, if there
are 2 or more defendants.
Proceedings SUMMARY IN NATURE! (Rules on
Summary Procedure)
S7- Preliminary conference; appearance of parties
Not later than 30 days after the last answer is filed, a
preliminary conference shall be held. The rules on
Pertinent Provisions of the Rules on Summary pre trial in ordinary cases shall be applicable to the
Procedure: preliminary conference unless inconsistent with the
provisions of this Rule.
(note the same... applies to all cases subject to Rules
on Summary Procedure, ESPECIALLY PROHIBITED The failure of the plaintiff to appear in the
preliminary conference shall be cause for dismissal
PLEADINGS AND MOTIONS)
of the complaint. The defendant who appears in the
S3- Pleadings absence of plaintiff shall be entitled to judgment on
his counterclaim in accordance with S6 hereof. All
The only pleadings allowed to be filed are the: cross claims shall be dismissed.
1. Complaints If a sole defendant shall fail to appear, the plaintiff

2. Compulsory counterclaims shall be entitled to judgment in accordance with S6
3. Cross claims pleaded in the answer hereof. This Rule shall not apply where one of 2 or
4. Answers thereto more defendants sued under a common cause of
action who had pleaded a common defense shall
appear at the preliminary conference.
VERIFIED!
S4- Duty of the Court S8- Record of Preliminary Conference

After the court determines that the case falls under Within 5 days after the termination of the
summary procedure, it may, from an examination of preliminary conference, the court shall issue an
the allegations therein and such evidence as may be order stating the matters taken up therein, including
attached thereto, dismiss the case outright on any of but not limited to:
the grounds apparent therefrom for the dismissal of
a civil action. If no ground for dismissal is found it a. Whether the parties have arrived at an
shall forthwith issue summons which shall state that amicable settlement, and if so, the terms
the summary procedure under this Rule shall apply. thereof
b. The stipulations or admissions entered into

S5- Answer by the parties
Within 10 days from service of summons, the
defendant shall file his answer to the complaint and c. Whether, on the basis of the pleadings and
serve a copy thereof on the plaintiff. Affirmative and the stipulations and admissions made by
negative defenses not pleaded therein shall be the parties, judgment may be rendered
deemed waived, except for lack of jurisdiction over without the need of further proceedings, in
the subject matter. Cross claims and compulsory which effect the judgment shall be
counterclaims not asserted in the answer shall be rendered within 30 days from issuance of
considered barred. The answer to counterclaims or the order
47
e. Motion for extension of time to file

d. A clear specification of material facts which pleadings, affidavits, or any other paper
remain controverted
f. Memoranda
e. Such other matters intended to expedite
the disposition of the case g. Petition for certiorari, mandamus, or
prohibition against any interlocutory order
issued by the court
S9- Submission of affidavits and position papers
Within 10 days from receipt of the order mentioned h. Motion to declare defendant in default
in the next preceding section, the parties shall
submit the affidavits of their witnesses and other i. Dilatory motions for postponement
evidence on the factual issues defined in the order,
together with their position papers setting forth the j. Reply
law and the facts relied upon by them.
k. Third party complaints
S10- Rendition of judgment l. Interventions

Within 30 days after receipt of the last affidavits and
position papers, or the expiration of the period for
filing the same, the court shall render judgment.
S20- Affidavits
However, should the court find it necessary to clarify The affidavits required to be submitted under this
certain material facts, it may, during the said period, Rule shall state only facts of direct personal
issue an order specifying the matter to be clarified, knowledge of the affiants which are admissible in
and require the parties to submit affidavits or other evidence, and shall show their competence to testify
evidence on the said matters within 10 days from to the matters stated therein.
receipt of said order. Judgment shall be rendered
within 15 days after the receipt of the last A violation of this requirement may subject the party
clarificatory affidavits, or the expiration of the period or the counsel who submits the same to disciplinary
for filing the same. action, and shall be cause to expunge the
inadmissible affidavit or portion thereof from the
The court shall not resort to the clarificatory record.
procedure to gain time for the rendition of the
judgment. S21- Appeal
The judgment or final order shall be appealable to
the appropriate RTC which shall decide the same in
S18- Referral to Lupon accordance with S22 of BP129. The decision of the
Cases requiring referral to the Lupon under the RTC in civil cases governed by this Rule including
provisions of PD1508 where there is no showing of forcible entry and unlawful detainer, shall be
compliance with such requirement, shall be immediately executor, without prejudice to a further
dismissed without prejudice and may be revived only appeal that may be taken therefrom. S10 of Rule 70
shall be deemed repealed.
after such requirement shall have been complied
with.
- 15 DAYS from notice of judgment or final
order, notice of appeal + bond to RTC
S19- Prohibited pleadings and motions o NO M4R (prohibited pleading)
The following pleadings, motions, or petitions shall
However, if RTC decision adverse, (in exercise of
not be allowed in the cases covered by this Rule:
appellate jurisdiction), M4R pwede na
a. Motion to dismiss the complaint or to
quash the complaint or information except - MTC Summary Procedure, only up to MTC
on the ground of lack of jurisdiction over level lang
the subject matter, or failure to comply o Once the case was elevated to RTC,
with the preceding section it is no longer summary, but is
governed by rules on Ordinary Civil
b. Motion for a bill of particulars
Actions
c. Motion for new trial, or for reconsideration
of a judgment, or for opening of trial
Injunction in FE and UD:
d. Petition for relief from judgment
Forcibly Entry / UnlawFul Detainer- YES
48
R70 S15
- A remedy
Court may grant preliminary injunction, in
accordance with the provisions of R58 thereof, to Acts covered:
prevent defendant from committing further acts of
dispossession against plaintiff. - Misbehaviour in presence of or so near the
court as to obstruct or interrupt
A possessor deprived of possession through Fe or UD proceedings before the same
may, within 5 days from filing of complaint, present
a motion in the action for FE UD for issuance of writ - Disrespect toward the court
of preliminary mandatory injunction to restore him
in his possession. The court shall decide the motion - Offensive personalities towards people in
within 30 days from filing thereof court
R70 S20 - Refusal to be sworn or to answer as a

witness
Upon motion of plaintiff, within 10 days from
perfection of appeal to the RTC, the latter may issue
- Refusal to subscribe an affidavit or
a writ of preliminary mandatory injunction to restore
deposition when lawfully required to do so
plaintiff in possession if the court is satisfied that
Punishment:
- defendant’s appeal is frivolous or dilatory,
or (RTC/of equivalent or higher rank)
- that the appeal of plaintiff is prima facie
meritorious F: not exceeding 2k OR
I: not exceeding 10 days, OR BOTH
CONTEMPT (Rule 71) (lower court)

(Tan, Handbook on Civil Procedure and pleadings, pp F: not exceeding 200
162-166)
I: not exceeding 1 day, OR BOTH
Contempt
Remedy: CERTIORARI or PROHIBITION (R71 S2)
- wilful disregard or disobedience to court,
acting in opposition to authority, justice,
dignity
2. INDIRECT CONTEMPT (S3)
Contempt of Court
- Main / Original action
- conduct which tends to bring authority and o Can be filed in RTC or MTC
administration of law into disrespect or to
interfere with or prejudice parties litigant or Actions covered:
their witnesses during litigation
a. Misbehaviour of an officer of a
court in the performance of his
official duties or in his official
2 classifications of contempt: transactions
1. Direct Contempt (R71 S1)

b. Disobedience of or resistance to a
2. Indirect Contempt (R71 S2)
lawful writ, process, order,
judgment of a court, including act
of person who, after being
DISCUSSION: dispossessed or ejected from any
real property by the judgment or
1. DIRECT CONTEMPT (S1)
49
process of any court of competent Upon filing of complaint, plaintiff may opt to file
jurisdiction, enters or attempts or notice of lis pendens with the register of deeds
induces another to enter into or
upon such real property, for the
purpose of executing acts of
Notice of Lis Pendens
ownership or possession, or in any
manner disturbs possession given “buyer beware”
to the person adjudged to be Notice to buyer of existence of an adverse
entitled thereof claim
It is not a pleading
Note highlighted: case in MTC where case is There is need to register it with the register
pending of deeds
- If after ejectment, re entered the property,
indirect contempt (relate to Rule 70)
Rule 13
c. Any abuse of or any unlawful
interference with the processes or Section 14
proceedings of the court not
constituting direct contempt as In an action affecting the title or the right of
under S1 possession of real property, the plaintiff and the
defendant, when affirmative relief is claimed in his
d. Improper conduct tending, directly answer, may record in the office of the registry of
or indirectly, to impede, obstruct, deeds of the province in which the property is
degrade administration of justice situated
e. Assuming to be an attorney or a notice of the pendency of the action

officer of the court and acting as
Said notice shall contain the names of the parties
such without authority
and the object of the action or defense, and a
description of the property in that province affected
f. Failure to obey subpoena duly
thereby
served
Only from the time of filing such notice for record
g. The rescue, or attempted rescue, shall
of a person or property in the
custody of an officer by virtue of a purchaser,
an order or process of a court held
or encumbrancer
by him
of the property affected thereby,
Remedy: (R71 S11)
be deemed to have constructive notice of the
Appeal to proper court as in criminal cases
pendency of the action, and
only its pendency against the parties designated by

Direct Contempt Indirect Contempt their real names
In presence of a judge,
motu proprio or upon
motion
Cant initiate Initiate The notice of the lis pendens hereinabove
In presence or so near Not in presence of judge, mentioned may be cancelled in two ways:
judge disobey court order
Rem: certiorari Rem: appeal 1. upon order of the court, after proper
remedy Original action showing that:
a. the notice is for the purpose of molesting

the adverse party, or
50
b. that it is not necessary to protect the rights Pleading subsequent to the complaint
of the party who caused it to be recorded Appearance
Written Motion
2. notice of lis pendens is deemed cancelled Notice
only upon registration of a certificate of Order
the clerk of court in which the action was Judgment
pending stating: Demand
Offer of judgment
a) the manner of disposal thereof if there
Resolution
was a final judgment in favor of the
Similar papers
defendant or
b) the action was disposed terminating

finally the rigths of the plaintiff over What are the modes of service of pleading? (R13
the property in litigation S5)
Personal Service (R13 S6)

Service by Registered Mail (R13 S7)
Remedy in case of denial of registration of lis
Substituted Service (R 13 S8)
pendens by the Register of Deeds
By Register of Deeds- Submit question to the

Commission of Land Registration How is it done?
By the party in interest - Submit question to the Personal Service
Commission of Land Registration thru RD
R13 S6
Action by the RD:
Service of papers may be made
a. RD shall notify the interested party
b. In writing By delivering personally a copy to the party
c. Setting forth the defects of the instrument or his counsel or
d. Legal grounds relied upon By leaving it in his office with the clerk or a
e. Advise him that if he is not agreeable with person having charge thereof
the ruling he may elevate the matter by
consulta, within 5 days from receipt of If no person is found in his office or his office is not
denial of registration, to the CLR known or he has no office, then,
By leaving the copy between the hours of 8

CLR Resoultion or Ruling in Consultas may be
in the morning and 6 in the evening at the
appealed to the CA via Rule 43
party’s or counsel’s residence, if known,
with a person of sufficient age and
discretion then residing therein
FILING AND SERVICE of the pleading
NOTE: NO TENDERING under Rule 13 S6!
Differentiate: Filing from service
Sa summons lang yon, when defendant
R13 S2 refuses to accept the same
Filing is the act of presenting the pleading or paper Service by mail

to the clerk of court.
R13 S7
Service is the act of providing a party with a copy of
the pleading or paper concerned. Service by registered mail shall be made by
depositing the copy in the post office,

in a sealed envelope
What are the papers required to be filed and served plainly addressed to the party or his counsel
under Rule 13? at his office, if known,
otherwise, at his residence, if known,
(PAMNOJDORS)
51
with postage fully prepaid and with 2. The pleading/paper would not be
instructions to the postmaster to return the admissible in court
mail to the sender after 10 days if 3. Would not toll the running of the
undelivered reglementary period
4. In case of defendant, it will NOT RESULT in
If no registry service is available in the locality of defendant being declared in default
either in the sender or the addressee, service may be 5. Rather, the pleading produces no legal
done by ordinary mail. effect
IF defendant refuses both modes of service, resort When is service deemed completed?
to:
Personal Service (R13 S10)
Substituted Service
Personal service is complete upon actual delivery or
R13 S8 by handling a copy to defendant
If service of pleadings, motions, notices, resolutions, Service by mail (R13 S10)
orders, or other papers cannot be made under the 2
preceding section, the office and place of residence Service by ordinary mail is complete upon the
of the party or his counsel being unknown, service expiration of 10 days after mailing, unless the court
may be made by: otherwise provides.
Delivering the copy to the clerk of court, Service by registered mail is complete upon actual
with proof of failure of both personal receipt by the addressee or after 5 days from the
service and service by mail date he received the first notice of the postmaster,
whichever date is earlier.
The service is complete at the time of such delivery.
Substituted Service (R13 S8)
Substituted service is complete at the time of

Note: Wag ipaghalo ang provisions ng Rule 13 and delivery of the copy to the clerk of court, with proof
Rule 14!!! of failure of both personal service or service by
mail.
Effect of non compliance with personal service?

What is constructive service of pleading?
Note: Service other than personal service
R13 S10
Service by registered mail is complete..

R13 S11
..after 5 days from the date he received the notice of
Whenever practicable, the service and filing of
the postmaster, whichever date is earlier
pleadings and other papers shall be done personally.
Except with respect to papers emanating from the

court, a resort to other modes must be accompanied FILING- Rule 13 S1- with the office with the clerk of
by a written explanation why the service or filing court
was not done personally.
Required in ALL INITIATORY PLEADINGS
A violation of this rule may be cause to consider the
paper as not filed. + PAYMENT OF THE REQUISITE DOCKET FEES (See
Rule 1 Section 5)
Pag kulang, court to order correct payment

State in detail: Effects NOTE: Docket fees are suspended in
compulsory counterclaims (SC Resolution 9-
1. A violation of this rule may be cause to
21-04)
consider the paper as not filed (R13 S11)
52
After filing of the complaint and the payment of the

requisite legal fees,
IF you cannot pay docket fees, REMEDY?
File a motion to be declared as pauper III. SERVICE OF SUMMONS

litigant (R3 S21)
Summons
R3 S21- A party may be authorized to litigate his
action, claim, or defense as an indigent if the court, Writ or process in the name of the RP,
upon an ex parte application and hearing, is satisfied issued by the Branch clerk of court
that the party is the one who has no money or informing the defendant of the filing of the
property sufficient and available for food, shelter, case against him, to file an answer within
and basic necessities for himself and his family the reglementary period, or else, be
declared in default
Office of the Clerk of Branch Clerk of Court

Such authority shall include Court
an exemption from payment of Office Person
- docket and
Receives complaint and Serves summons upon
- other lawful fees, and
payment of the docket the defending party
- of transcript of stenographic notes
fees
which the court may order to be furnished him
The amount of docket and other lawful fees which

2 kinds of summons:
the indigent was exempted from paying
1. Original Summons- issued by the branch
- shall be a lien on any judgment rendered in
clerk of court to the defendants upon the
the case favorable to the indigent,
filing of the complaint and the payment of
o unless the court otherwise
the requisite docket fees
provides
2. Alias Summons- issued by the branch clerk

of court upon motion of the plaintiff in case
Any adverse party the summons are LDID
may contest the grant of such authority lost, destroyed, improperly served, or there
is defect in the manner or form of service
at any time before the judgment is rendered by the
trial court
Summons Subpoena
If the court should determine after hearing that the
party declared as an indigent is in fact a person with
a writ or a process issued (R21 S1)
sufficient income or property,
to a defending party by
the clerk of court, A process directed to a
the proper docket and other lawful fees shall be person requiring him to
delivered by a sheriff, his
deputy, or proper court attend and to testify at
assessed and collected by the clerk of court
office, or any suitable the hearing or trial of an
If payment is not made within the time fixed by the person authorized by the action, or at any
court, court issuing the investigation conducted
summons, with the by competent authority
execution shall issue or the payment thereof, or for the taking of his
purpose of obtaining
jurisdiction over the deposition. (Subpoena
without prejudice to such other sanctions as the
person of the defendant ad testificandum)
court may impose
and giving him notice
that an action has been
commenced against him A process directed to a
53
person requiring him to Publication

bring with him any Extraterritorial Service
books, documents, or
other things under his QUASI IN REM
control (Subpoena duces
Service in person
tecum)
Substituted service
Purpose is to obtain Order for a person to Publication
jurisdiction over person appear and to testify at a
of defendant, and to give hearing, action,
notice to defendant that investigation, or for Can you serve summons by mail?
an action has been taking of his deposition
commenced against him, OR to produce books, NO
ordering defendant to documents, or other
answer the complaint things under his control
within the time fixed by (R21 S1) How to serve summons?
these Rules, and unless
defendant answers, Service in person on defendant (R14 S6)
plaintiff will take
The summons shall be served by handing a copy
judgment by default and
thereof to the defendant in person.
may be granted the
relief applied for (R14
S2)
Tendering summons to defendant (R14 S6)
Served on the defendant May be served to a non-
party In case defendant refuses to receive or sign for it, by
tendering it to him, done through:
Does not need tender of Needs tender of
kilometrage and other kilometrage, attendance 1. Leaving copy of the summons to the
fees fee, and reasonable cost defendant who refuses to receive it
of production fee
2. The officer serving the summons shall make
Original or alias Ad testificandum or an affidavit addressed to the court stating
duces tecum that the time, place, manner of service of
summons, and that despite efforts to try
Upon filing of the During trial or
and serve the summons in person on
complaint and payment investigation
defendant, the same refused to receive it,
of requisite docket fees
as well as the manner of non-receipt
Note: significant to know whether the action is in

Substituted Service of Summons on
personam, in rem, or quasi in rem—for purpose of
defendant (R14 S7)
service of summons
Requisites;
Impossibility of the personal service of

FE and UD- in personam actions
summons within a reasonable time
The efforts exerted to locate the person to
be served
IN PERSONAM
To whom served / how?
Service in person
Substituted service By leaving copies of the summons at:
IN REM 1. Defendant’s residence with some person of

suitable age and discretion then residing
Service in person therein or
Substituted Service
54
2. By leaving the copies at defendant’s office

or regular place of business with some
competent person in charge thereof Can there be personal service of summons in in rem
actions?
Through process server or upon motion- by service
of summons by substituted service Yes. R14 S15 states that when defendant does not
reside and is not found in the Philippines, and the
How is a person deemed of suitable age and action affects the personal status of the plaintiff or
discretion? relates to, or the subject of which, is property within
the Philippines in which defendant has or claims a
1. Of legal age lien or interest, actual or contingent, or in which the
2. With sufficient knowledge and relief demanded consists, wholly or in part, in
comprehension that what he is receiving on excluding defendant from any interest therein, or
behalf of defendant are summons notifying the property of defendant has been attached within
defendant that a suit was brought against the Philippines, service may, by leave of court, be
the same, AND PREFERABLY KNOWS HOW effected out of the Philippines by:
TO SPEAK ENGLISH
1. Personal service as under S6**
2. By publication in a newspaper of general

Service by publication in a newspaper of
circulation in such places and for such time
general circulation
as the court may order, in which case a
R14 S15 copy of the summons and order of the
court shall be sent by registered mail to the
Service by leave of court by publication in a last known address of defendant, or
newspaper of general circulation in such place and
for such time as the court may order, in which case a 3. In any other manner the court may deem
copy of the summons and order of the court shall be sufficient
sent by registered mail to the last known address of
the defendant.
Substituted Service vs Extraterritorial Service of

Summons
Suffices under the following instances:
Substituted Service Extraterritorial Service
1. Upon defendant designated as unknown
owner or the like, or whenever his Requisites; Arises in case defendant
whereabouts are unknown and cannot be is non resident, in
Impossibility of the abroad, action in rem, by
ascertained by diligent inquiry (R14 S14)
personal service of
way of personal service
summons within a
2. When defendant does not reside and is not reasonable time outside of Phils, by
found in the Philippines, and the action: publication in a
(AREA—R14 S15) The efforts exerted to newspaper of general
locate the person to be circulation, or in any
- Affects personal status of the plaintiff or served other manner the court
- Relates to, or the subject of which, is may deem sufficient
property within the Philippines in which To whom served / how?
defendant has or claims a lien or interest,
actual or contingent, or By leaving copies of the
- In which the relief demanded consists, summons at:
wholly or in part, in Excluding the
defendant from any interest therein or Defendant’s residence
with some person of
- The property of the defendant has been
suitable age and
Attached within the Philippines discretion then residing
therein or
3. When defendant ordinarily resides in the
Philippines but who is temporarily out of it By leaving the copies at
(R14 S16) defendant’s office or
55
regular place of business

with some competent
person in charge thereof 3. ISSUANCE OF ALIAS SUMMONS
Through process server

or upon motion- by Can Rule 16 S1a be a ground for Motion to dismiss
service of summons by under Rules on Summary Procedure?
substituted service
YES. General rule, motion to dismiss not allowed,
except #1 instance, lack of jurisdiction over the
person of the defending party (RULES ON SUMMARY
PROCEDURE)
R14 S14 Reason: the court cannot proceed with the case
without jurisdiction over the person of the defending
In any action where the defendant is designated as party
an unknown owner, or the like, or whenever his
whereabouts are unknown and cannot be Exception to exception: SMALL CLAIMS
ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a
newspaper of general circulation and in such places
To whom summons are made?
and for such time as the court may order.
- Instance where in personam, yet

publication is allowed (exception to the 1. Ordinary defendant
general rule)
o Identity is unknown or Upon an entity without juridical
whereabouts are unknown personality
R14 S8
Defective service of summons, remedy: When persons associated as an entity without a

juridical personality are sued under the name by
M2D Rule 16 S1a, that the court has no jurisdiction
which they are generally or commonly known,
over the person of the defending party
service may be effected upon all the defendants by
serving upon any one of them, or upon the person
in charge of the office or place of business
3 options of the court: maintained in such name. But such service shall not
bind individually any person whose connection with
1. GRANT M2D- as plaintiff, refile the case, the entity has, upon due notice, been severed before
unless tainted with grave abuse of the action was brought.
discretion
2. DENY M2D Upon Prisoners
As defendant, following Rule 16 S4, I will file an R14 S9

answer within the balance of the period prescribed
by Rule 11 to which I am entitled at the time of When defendant is a prisoner confined in a jail or
serving my motion, but not less than 5 days in any institution, service may be effected upon him by the
event, computed from my receipt of notice of denial. officer having the management of such jail or
Then proceed with the trial, and when the decision is institution who is deputized as a special sheriff for
adverse against me, I will file an appeal assigning as said purpose.
error the denial of the motion to dismiss. And when
the denial is tainted with grave abuse of discretion
amounting to lack or excess of jurisdiction on the Upon Minors and Incompetents
part of the court, I will file for certiorari under Rule
65. R14 S10
56
When defendant is a minor, insane, or otherwise an

incompetent, service shall be made upon him
personally or on his legal guardian if he has one, or Service upon public corporations
if none, upon his guardian ad litem whose
R14 S13
appointment shall be applied for by the plaintiff. In
case of a minor, service shall be made on his father When the defendant is the Republic of the
or mother. Philippines, service shall be made on the Solicitor
General; in case of a province, city or municipality,
or like public corporations, service may be effected
Upon domestic private juridical entity on its executive head, or on such other officer or
officers as the law or the court may direct.
R14 S11
When the defendant is a corporation, partnership, or

association organized under the laws of the Service upon defendant whose identity or
Philippines without a juridical personality, service whereabouts are unknown
may be made on the President, Managing Partner,
General Manager, Corporate Secretary, Treasurer,
or In House Counsel R14 S14
NOTE: the LIST IS EXCLUSIVE!!!!! In any action where the defendant is designated as
an unknown owner, or the like, or whenever his
Service upon foreign private juridical entity
whereabouts are unknown and cannot be
R14 S12 ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a
When the defendant is a foreign private juridical newspaper of general circulation and in such places
entity which has transacted business in the and for such time as the court may order.
Philippines, service may be made on its resident
agent designated in accordance with law for that Extraterritorial Service
purpose, or, if there be no such agent, on the
R14 S15
government official designated by law to that effect,
or on any of its officers or agents within the When the defendant does not reside and is not
Philippines. found in the Philippines, and the action affects the
personal status of plaintiff or relates to, or the
Sec 12 Rule 14 Amendment (A.M. 11-3-6-SC)
subject of which, is property within the Philippines,
If the foreign private juridical entity is not registered in which the defendant has or claims a lien or
in the Philippines or has no resident agent, service interest, actual or contingent, or in which the relief
may, with leave of court, be effected out of the demanded consists, wholly or in party, in excluding
Philippines through any of the following means: defendant from any interest therein, or the property
of the defendant has been attached within the
a) B y personal service coursed through the Philippines, service may, by leave of court, be
appropriate court in the foreign country with the effected out of the Philippines by personal service
assistance of the Department of Foreign Affairs; as under S6; or by publication in a newspaper of
general circulation in such places and for such time
b) By publication once in a newspaper of general as the court may order, in which case a copy of the
circulation in the country where the defendant may summons and order of the court shall be sent by
be found and by serving a copy of the summons and registered mail to the last known address of the
the court order by-registered mail at the last known defendant, or in any other manner the court may
address of the defendant; deem sufficient. Any order granting such leave
shall specify a reasonable time, which shall not be
c) B y facsimile or any recognized electronic less than 60 days after notice, within which the
means that could generate proof of service; or defendant must answer.
d) B y such other means as the court may in its

discretion direct."
57
Upon residents temporarily out of the original complaint was already taken from
Philippines the start
R14 S16 3. In case of formal not substantial

amendments
When any action is commenced against a defendant
who ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by leave of
court, be also effected out of the Philippines, as May bayad ba summons?
under the preceding section.
WALA!
Pag pinaserve mo sa process server, meron, but not

If summons cannot be served because non resident, required (abutan mo na lang para hindi kawawa, sige
unknown, or out of the Phils, as plantiff, what is your ka, baka hindi i serve)
remedy?
Convert action in personam to quasi in rem

Relate Rule 14 to Rule 57
A vs B Corporation, action for sum of money.
Amend the complaint, action for sum of money Order of attachment, writ of attachment,
WITH ATTACHMENT OF PROPERTY. Hence, issued ex parte
summons by publication can already be made.
To implement, serve summons
Court acquires jurisdiction over the RES
Because nature of the case has become
quasi in rem Relate Rule 14 to Rule 58
Ex parte issuance of preliminary injunction

To implement, serve summons
(relate to Rule 10)
As far as amendment of the pleading, is summons

required to be served? Court not to issue injunction unless there is invalid
service of summons
YES, in the following instances:
Notice and hearing
1. Substantial not merely formal amendment
2. Other parties are impleaded

EXCEPTION TO SERVICE OF SUMMONS:
3. With respect to third party complaint, serve
Voluntary appearance
upon third party defendant (relate to R6
S11) 1. Filed responsive pleading
2. Submitted to jurisdiction of the court,
4. With respect to fourth party complaint,
serve upon 4th party defendant (relate to R6 EXCEPT:
S11)
When questioning the jurisdiction of the
court
NOT in:
Rule 14 S20
1. Complaint in intervention- because third
person submitted to jurisdiction of the S20- Voluntary appearance
court
The defendant’s voluntary appearance shall be
2. Not in permissive counterclaim- because equivalent to service of summons. The inclusion in a
defendant aka original plaintiff is already a motion to dismiss of other grounds aside from lack
party to the action, jurisdiction over him in of jurisdiction over the person of the defendant shall
not be deemed a voluntary appearance.
58
time for but before filing the answer to the

complaint or pleading asserting a claim
Can the court dismiss a case motu proprio for lack After service of summons, before filing of a
of jurisdiction over the person of the defending responsive pleading
party for defective service of summons?
NOTE: Motion to dismiss is not a pleading! It is not a
NO! responsive pleading! Hence, if there is motion to
dismiss, the complaint may still be amended as a
Dismissal shall only be by MOTION!
matter of right even if there is a motion to dismiss!
Motion to dismiss
Rule 9 S1 (relate to Rule 16) provides for the

following instances when the court may dismiss a Grounds for motion to dismiss:
case motu proprio:
Rule 16 S1 states that within the time for but before
Lack of jurisdiction over the subject matter filing the answer to the complaint or pleading
Litis pendencia asserting a claim, a motion to dismiss may be made
Res judicata on basis of the following grounds:
Prescription
a. That the court has no jurisdiction over the
DOES NOT INCLUDE: lack of jurisdiction over the person of the defending party
person of the defending party (Wala to!)
Relate to R14
Jurisdiction over defendant may be acquired by:

After service of summons, voluntary appearance or by valid service of
summons, except if appearance is to question the
IV. REFER TO THE FOLLOWING:
jurisdiction of the court
Motion to Dismiss (Rule 16)
Motion for Bill of Particulars (Rule 12) GRANTED:
Motion to amend the pleading (Rule 10) Refile

Move for alias summons
Motion for Extension of Time to File
DENIED:
Responsive Pleading (Rule 11)
Motion for Summary Judgment (Rule 35) prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
Order of Default/Judgment by Default (Rule Then proceed with the trial, and when the decision is
9) adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court,
ONE-AT-A-TIME,
file for certiorari under Rule 65.
A. MOTION TO DISMISS (Rule 16)
b. That the court has no jurisdiction over the

Motion to dismiss subject matter of the claim
A motion to dismiss in an application for NOTE:

relief filed by an original defendant, a
Subject matter (BP129- conferred by law)
defendant in a permissive counterclaim,
Exclusive original jurisdiction of courts, if
cross claim, 3rd 4th etc party complaint,
not within, then M2D is proper
complaint in intervention, filed within the
GRANTED:
59
- Refile + docket fees OR lack or excess of jurisdiction on the part of the court,
- Amend complaint to confer jurisdiction (no file for certiorari under Rule 65.
need for docket fees)
DENIED:
e. That there is another action pending
File an answer within the balance of the period between parties for the same cause
prescribed by Rule 11 to which entitled at the time
aka LITIS PENDENCIA
Then proceed with the trial, and when the decision is
adverse, file an appeal assigning as error the denial Elements:
tainted with grave abuse of discretion amounting to 1. Identity of parties or at least such parties
lack or excess of jurisdiction on the part of the court, representing the same interests in both
file for certiorari under Rule 65. actions
2. That there is substantial identity in the

cause of action and in the relief sought, the
relief being founded on the same facts
c. That venue is improperly laid
Note: Rule 4 3. Identity in the two cases would be such that

any judgment that may be rendered in one,
GRANTED: regardless of which party is successful,
would amount to res judicata in the other
Refile, except if GAD, then certiorari Rule 65 case
DENIED:
Which should be dismissed in case of litis
pendencia? The 1st, 2nd, 3rd, 4th action?
of serving motion, but not less than 5 days in any The later case(s) would be dismissed.
adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is GRANTED:
Appeal
file for certiorari under Rule 65. DENIED:

d. That plaintiff has no legal capacity to sue
GRANTED: event, computed from receipt of notice of denial.
Refile adverse, file an appeal assigning as error the denial
DENIED: tainted with grave abuse of discretion amounting to
of the motion to dismiss. And when the denial is f. That the action is barred by prior judgment
tainted with grave abuse of discretion amounting to or by the statute of limitations
Aka RES JUDICATA
60
Elements: tainted with grave abuse of discretion amounting to

1. There is previous final judgment or order file for certiorari under Rule 65.
2. The previous final judgment is a judgment

upon the merits
3. Jurisdiction over the subject matter and h. That the claim or demand set forth in the
the parties by the court rendering it plaintiff’s pleading has been paid, waived,
abandoned, or otherwise extinguished
4. There must be identity of the parties, of
GRANTED:
subject matter, and of cause of action
between the first and second actions Appeal
DENIED:

Aka PRESCRIPTION
GRANTED: adverse, file an appeal assigning as error the denial
Appeal tainted with grave abuse of discretion amounting to
DENIED:
of serving motion, but not less than 5 days in any i. That the claim on which the action is
event, computed from receipt of notice of denial. founded is unenforceable under the
Then proceed with the trial, and when the decision is Statute of Frauds
of the motion to dismiss. And when the denial is (note: 1403, NCC)
lack or excess of jurisdiction on the part of the court, GRANTED:
Appeal
DENIED:
g. That the pleading asserting the claim
states no cause of action
Aka FAILURE TO STATE CAUSE OF ACTION of serving motion, but not less than 5 days in any
GRANTED: Then proceed with the trial, and when the decision is
Refile of the motion to dismiss. And when the denial is
Amend the pleading tainted with grave abuse of discretion amounting to
DENIED:
of serving motion, but not less than 5 days in any j. That a condition precedent for filing the
event, computed from receipt of notice of denial. claim has not been complied with
adverse, file an appeal assigning as error the denial GRANTED:
61
General Rule: refile plus comply with

condition precedent, EXCEPT:
NOTE ALSO: Rule 7 S5
In case of wilful and deliberate forum
Hence, summing up Rule 16,
shopping, which operates as dismissal with
prejudice, hence, WITH PREJUDICE- e, f, h, i of Rule 16
In the latter case, Appeal WITHOUT PREJUDICE- the rest of Rule 16
In case of non exhaustion of administrative

remedies,
Rule 50 S1- Motion to dismiss appeal
Exhaust then refile
An appeal may be dismissed by the CA on its own
DENIED: motion or on that of appellee, on the following
grounds:
prescribed by Rule 11 to which entitled at the time 1. Failure of the record on appeal to show on
of serving motion, but not less than 5 days in any its face that the appeal was taken within
event, computed from receipt of notice of denial. the period prescribed by these Rules
adverse, file an appeal assigning as error the denial 2. Failure to file notice of appeal or the record
of the motion to dismiss. And when the denial is on appeal within the period prescribed by
tainted with grave abuse of discretion amounting to these Rules
file for certiorari under Rule 65. 3. Failure of appellant to pay the docket and
other lawful fees prescribed in S5 of R40
and S4 Rule 41
MOTU PROPRIO DISMISSAL: (see underlined below)

4. Unauthorized alterations, omissions, or
Rule 9 S1 additions in the approved record on appeal
as provided in S4 of Rule 44
Defenses and objections not pleaded
5. Failure of appellant to serve and file the
either in a motion to dismiss or required number of copies of his brief or
memorandum within the time provided by
in the answer
these Rules
are deemed waived
6. Absence of specific assignment of errors in
the appellant’s brief, or of page references
to the record as required in S13 par a, c, d, f
However, when it appears from the pleadings or the
of Rule 44
evidence on record that
7. Failure of appellant to take necessary steps
for the correction or completion of the
record within the time limited by the court
1. the court has no jurisdiction over the in its order
subject matter,
8. Failure of appellant to appear at the
2. that there is another action pending preliminary conference under R48 or to
between the parties for the same cause, or comply with orders, circulars, or directive of
the court without justifiable cause, and
3. that the action is barred by prior judgment
or by statute of limitations, 9. The fact that the order or judgment
appealed from is not appealable
the court shall dismiss the claim

Side note: RULES ON MOTION
62
Note requirements of written motion: hearing
1. Notice of hearing (Due process)- 3 daay

notice rule
What is a motion?
2. Set hearing 10 days after filing of the
R15 S1
motion
A motion is an application for relief other than by a
3. Proof of service (different from proof of pleading
mailing, only as far as filing)
- To see whether the adverse party was able

What are the kinds of motions?
to receive the motion
Motion ex parte / Non Litigated Motion
4. IF by registered mail, accompanied by proof Made without the presence of or
of service, explanation why not done via notification to the other party because the
personal service (R13 S11) question generally presented is not
Other party files comment or objection debatable
5. File reply to comment Motion of course

Movant is entitled to the relief or remedy
sought as a matter of discretion on the part
of the court
IF requisites are not complied with,
1. *the motion shall be treated as a worthless Litigated Motion

piece of paper which the clerk of court has Motion made with notice to the adverse
no right to receive and the court has no party to give him an opportunity to oppose
authority to act upon (mere scrap of paper) it
2. It does not interrupt the running of the Special Motion

prescriptive/reglementary period for the A motion addressed to the discretion of the
filing of the requisite pleading court
3. It will be ground for denial of the motion

Examples of Litigated Motions:
4. The motion shall be considered as not filed
Execution of the act subject of the motion, Motion to dismiss
because it would be deemed as a final order
Motion to declare defendant in default
If act is adversely ruled due to non compliance with
the Rules on Motion, file M4R within 15 days (Rule Motion for summary judgment
37)
Motion for judgment on the pleadings
LITIGATED MOTION NON LITIGATED Motion for new trial

MOTION
Motion for reconsideration
Comply with requisites No need to comply with
for written motion all the requirements, but Motion to dismiss complaint upon plaintiff’s
with need to hear on the motion
motion
If not, would affect the Motion to lift order of default
right of parties
IF not, then not set for Motion to declare a party in direct
contempt
63
Motion for demurrer to evidence Amendment as a matter of right if a motion to

dismiss is filed- PWEDE! Because motion to dismiss
Motion for consolidation or severance of is NOT a responsive pleading
case
Motion to dismiss- not a pleading
Motion for trial by commissioner
Position paper- not a pleading
Motion to strike out evidence or testimony Memorandum- not a pleading

off the record
Amendment if order granting motion to dismiss,
pwede, for as long as the motion is final and
executory
Examples of non-litigated motions:
Motion to reset pre trial

OF the 10 grounds,
Motion to postpone pre trial
Motion to dismiss after a responsive
Motion to extend time for filing pleadings pleading,
PWEDE, raise as affirmative defense, then set the

Motion to set case for pre trial
motion to dismiss for hearing
Motions that need to be verified:

B. MOTION FOR BILL OF PARTICULARS (R12)
Motion for relief from judgment
(Note: Different from motion for bill of particulars in
Criminal Procedure)
Motion to lift order of default
Motion for Bill of Motion for Bill of
Motion to postpone trial Particulars in Civ Pro Particulars in Crim Pro
Motion for new trial on ground of FAME Rule 12 R116 S9
May be filed before May be filed before

All motions for provisional remedies: responding to a pleading arraignment
Address any matter in Address alleged defects

Motion for preliminary attachment the pleading not averred in the criminal complaint
with sufficient or information
Motion for dissolution of preliminary definiteness or
injunction particularity
Motion for writ of replevin Purpose is to prepare Purpose is to enable

responsive pleading properly to plead and
Motion in support pendent lite prepare for trial
Motion to postpone for absence of

evidence Note: the motion is a LITIGATED MOTION
Motion to postpone for illness of a party or To clarify ambiguities

counsel
Done before filing of a responsive pleading
What is a bill of particulars?

Rule 16- relate to Rule 10
R12 S1 states that a bill of particulars is a more
definite statement of any matter which is not
averred with sufficient definiteness or particularity,
64
with the purpose of aiding in the preparation of a

responsive pleading.
Effect of order of failure to comply to file Bill of
Particulars
When do you file bill of particulars? R12 S4
R12 S1 states that a bill of particulars is filed before If the order is not obeyed, or in case of insufficient
responding to a pleading, following the reglementary compliance therewith, the court may order the
periods provided for under R11. (If the pleading is a striking out of the pleading or the portions thereof
reply, the motion must be filed within 10 days from to which the order was directed, or make such order
service thereof) as it deems just.
(File a motion to strike out the pleading)
Requirements for filing Bill of Particulars:
(R12 S1 in relation to R15) Motion for Bill of Particulars:
1. A written motion by the defending party Granted: Clarify, file bill of particulars
before the court for a bill of particulars
Denied, answer within the plenary period
2. If the pleading is a reply, the motion must
be filed within 10 days from service
IS bill of particulars part of a pleading?
3. The motion shall point out the defects
complained of, the paragraphs wherein YES!
they are contained, and the details desired
R12 S6 provides that a bill of particulars becomes
part of the pleading for which it is intended.
4. The motion is to be filed before the filing of
responsive pleading
5. In writing C. MOTION TO AMEND THE PLEADING (Rule

10)
6. Hearing of motion set by applicant
Amendment, as provided under R10 S1, is the
7. Notice of hearing shall be addressed to all process of:
the parties concerned not later than 10
1. Adding or striking out an allegation or name
days from the filing of the motion
of any party or
2. Correcting a mistake in the name of a party
8. Motion and notice of hearing must be
or a written or inadequate allegation or
served at least 3 days before the date of
description in any other respect,
hearing
a. So that the actual merits of the
controversy may speedily be
9. Proof of service
determined,
b. Without regard to technicalities,
c. And in the most expeditious and
The motion for bill of particulars is denied. inexpensive manner
Remedy?
IN SHORT:
R12 S5
Amendment is the process of adding or
After service of the Bill of Particulars or of a more striking out or correcting a name or
definite pleading, or after notice of denial of his allegation
motion, the moving party may file his responsive
pleading within the period to which he was entitled Amendment as a matter of right
at the time of filing his motion which shall not
exceed 5 days in any event
65
- To correct alterations in a PLEADING (not in 5. Substantial amendments

a motion)
Amendment of the pleading which would change the
original cause of action
Kinds of amendments:
1. Amendment as a matter of right: (R10 S2) 6. Amendment to confer jurisdiction
A party may amend his pleading once as a matter of Amendment as a matter of right, so far as no
right at any time before a responsive pleading is responsive pleading is served
served or in the case of a reply, at any time within 10
days after it is served.
- Once the pleading is amended, the old Question: Amendment as a matter of right, there is
pleading is no more, EXCEPT, admissions second motion to amend (not once as a matter of
made in the old pleading right), is the second motion to amend a matter of
right or a matter of discretion?
(Question unanswered yet)

2. Amendment by leave of court: (R10 S3)
Except as provided in the next preceding section,

substantial amendments may be made only upon If there is no responsive pleading yet- amendment as
leave of court a matter of right
- Amendment is substantial Once- matter of discretion

- A responsive pleading had already been
served
Amendment as a matter of right
DENIED: remedy- MANDAMUS

3. Formal Amendments (R10 S4)
A defect in the designation of the parties or other

clearly clerical or typographical errors may be Amendment with leave of court (after the filing of a
summarily corrected by the court at any stage of the responsive pleading)
action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party. DENIED: Remedy?
Certiorari Rule 65 in relation to Rule 41 S1

Order is interlocutory
4. Amendments to conform or to authorize
presentation of evidence (R10 S5)
When issues not raised in the pleadings are tried Relate Rule 10 to Provisional Remedies
with the express or implied consent of parties, they
If the original complaint or verified
shall be treated as if raised in the pleadings,
complaint has provisional remedies, and the
pleadings may be amended to conform to the
original is superseded by amendment, any
evidence, and failure to amend does not affect the
provisional remedy is affected by
result of the trial of these issues
amendment
- With already presentation of evidence, but
Amendment of complaint, which includes prayer for
as far as allegations are concerned, there is
writ of attachment, the provisional remedy shall be
discrepancy, so, amendment is allowed to
DISSOLVED.
conform to evidence
o NOTE: meron din to sa criminal
procedure
Relate Rule 10 to Rule 6
66
- When the answer does not allege cross When amended pleading A substantial pleading
claim, counterclaim, is filed, a new copy of does not require the
o Remedy: AMENDMENT of the the entire pleading must filing of a new copy of
pleading be filed the entire pleading
- Answer omitted counterclaim or cross
claim, Amendment as a matter A supplemental pleading
o Remedy is to AMEND the answer of right is to be may be answered within
answered before the 10 days from notice of
filing of the responsive the order admitting the
pleading, (within 15 days same, unless a different
Relate to Rule 2 after being served with a period is fixed by the
copy thereof)—(R11 S3) court. The answer to the
- In case of non joinder of causes of action,
complaint shall serve as
o AMEND the pleading
answer to the
supplemental complaint
Amendment by leave of
if no new or
court is to be answered
Relate to Rule 3 supplemental answer is
within 10 days from
filed (R11 S7)
- Related to joinder of parties, notice of the order
o AMEND the complaint admitting the same. An
answer earlier filed may
serve as the answer to
the amended complaint
Related to Rule 14 and Rule 57
if no new answer is filed
- In personam to quasi in rem, publication is (R11 S3)
allowed
Supersedes original Supplements original
- Substantial amendment
pleading pleading
o Service of summons required
- Amendment of complaint to join another With or without leave of With leave of court
party, court
o Need to serve summons
*Filing of supplemental complaint which increases
the amount of claim does not affect the jurisdiction
of the court
Amendment of the answer? 3PC? 4PC? Complaint
in intervention? Relate to Rule 16
PWEDE!- amendment of the pleadings naman ang The court may either deny the motion to
tinutukoy eh dismiss, grant the motion to dismiss, or
ORDER THE AMENDMENT OF THE
PLEADING
Amended Pleading Supplemental Pleading

Is there amendment of the pleading in summary
Refers to facts existing at Refers to facts arising procedure?
the time of the after the filing of the
YES
commencement of the original pleading
action - As a matter of right
- As a matter of discretion
Takes the place of the Taken together with the
o NO PROHIBITION under the Rules
original pleading original pleading
on Summary Procedure
Can be made as matter Always with leave of
of right when no court
responsive pleading has D. MOTION FOR EXTENSION OF TIME TO FILE
yet been filed RESPONSIVE PLEADING (Rule 11)
67
Rule 11 S11
Section 11 E. SUMMARY JUDGMENT (Rule 35)
Summary judgment
Upon motion and on such terms as may be just, - judgment rendered by the court without
trial if it clearly appears that there exists no
the court may extend the time to plead provided in genuine issue or controversy as to any
these Rules material fact, except as to the amount of
damages
S1 and 2- PLAINTIFF or DEFENDANT Files

The court may also, upon like terms,
Plaintiff- at any time after the pleading in answer
allow an answer or
thereto has been served
other pleading to be filed
Defendant- at any time
after the time fixed by these Rules
NOTE: LITIGATED MOTION
GRANTED:
Extend, BASED ON CAUSE
- remedy is APPEAL
o final judgment on the merits
Not a litigated motion DENIED:
no need for hearing, notice, and filing - plead

o there is issue, but there is no
genuine issue
3 day notice rule- further motion 3 days before

hearing
ORDER OF DEFAULT / JUDGMENT BY
10 days- motion set for hearing at least 10 days DEFAULT (Rule 9)
Order of Default Judgment by Default
Is bill of particulars allowed in Summary Procedure? Order issued by the Decision or judgment by
court where defendant the court after order of
NO (Prohibited pleading)
failed to file answer default and presentation
of evidence ex parte by
plaintiff
Motion to dismiss in Summary Procedure?
NO (prohibited pleading)
EXCEPT: ORDER OF DEFAULT
1. lack of jurisdiction over the person of the Rule 9 S3 provides that a defending party who fails
defending party to file an answer to an initiatory pleading within the
2. lack of jurisdiction over the person of the time allowed therefor may be declared in default.
defendant
3. failure to comply with the Barangay
Conciliation Proceedings
DEFENDING PARTY INCLUDES:
EXCEPTION TO EXCEPTION:
In a permissive counterclaim- original
Small Claims Cases- motion to dismiss absolutely plaintiff
hindi pwede In a 3PC- 3rd party defendant
In a cross claim- co defendant
68
Requirements for declaration of default: (R9 S3) NOTE: umaakyat to hanggang SC- Ordinary and
Special Civil actions (from MTC), [not Spec Pro]
1. The court must have validly acquired
jurisdiction over the person of the
defendant either by service of summons or
voluntary appearance MTC
(all special civil actions, original actions in exercise of

2. Proof of service of summons on the
original jurisdiction, final judgment)
defendant
ORDINARY CIVIL ACTION
3. The defendant fails to answer within the
time allowed therefore Order of default
DENIED,
4. Written motion by claiming party to declare
defendant in default (NOT oral motion!) Motion for reconsideration
(state R15 requirements)
DENIED,
Certiorari Rule 65 RTC with TRO (S7 R9 amended by

AM 7-7-12)
Plaintiff failed to file answer, be declared in default DENIED,
(R9 in relation to Rule 6) Motion for reconsideration Rule 37 with RTC
DENIED,
NATURE OF ORDER OF DEFAULT: interlocutory Notice of appeal with CA Rule 41 (original

(making reference to R41) jurisdiction of RTC ang certiorari Rule 65)—apply
Neypes, doctrine of hierarchy of courts
DENIED,
REMEDY:
CA M4R Rule 52
MOTION TO LIFT ORDER OF DEFAULT
DENIED,
Verified, FAME, Affidavit of Merit (note
what it is, and in what instances required SC R45 Petition for Review on Certiorari apply
[all FAME]) Neypes, Hierarchy of courts
Granted: File answer DENIED,
Denied, SC M4R Rule 52
FILE MOTION FOR RECONSIDERATION
- S4 R65 DOCTRINE OF HIERARCHY OF COURTS

- Interlocutory
o NOT Rule 37 as basis (because Rule Higher courts will not entertain any case
37 applies only to Final orders) brought before it unless the same is
decided before the lower courts
Denied,
CERTIORARI RULE 65 with TRO or injunction

Effect of order of default:
- Dahil pag wala, at may order of default,
tuloy tuloy na + judgment of default - Lose standing
- Not to participate at the trial but shall be
entitled to notices
- Entitled to 2 copies of decision, resolution,
substantially amended pleadings
69
R9 S3 in relation to Rule 10 JUDGMENT BY DEFAULT
- Order of default issued by court, there is Nature: Final Judgment

amendment of the pleading, order of
default is dissolved R9 in relation to R11
Based on presentation of evidence ex parte
R9 in relation to Modes of Discovery
- R29 BEFORE JUDGMENT BECOMES FINAL AND

o Due to refusal to comply with the EXECUTORY:
modes of discovery, the refusing
REMEDY:
party may be declared in default
Motion to set aside judgment or final order due to
FAME
In case of motion to declare defendant in default,
Denied,
there is one more remedy:
Motion for reconsideration
- File motion to admit answer
o Mawawala ang motion to declare Denied,
defendant in default dahil may
answer na eh CERTIORARI Rule 65 with TRO/injunction-
PREFERRED over appeal
- Because appeal is not the adequate, speedy

Summary Proceedings remedy
o Judgment kasi is based on
Motion to declare defendant in default is a
evidence ex parte- no evidence to
PROHIBITED PLEADING
review because no evidence in the
As plaintiff in such a case, file MOTION TO RENDER first place is presented by
JUDGMENT defendant
As defendant, don’t file motion to admit answer GENERAL RULE: certiorari is not a substitute for lost
appeal;
- It is equal to motion for extension of time
to file pleadings EXCEPTION: when appeal is not a speedy, adequate
o PROHIBITED PLEADING remedy
ETO DISKARTE MO, ikaw ang defendant Denied. Remedy?
- Go to office of the clerk of court, file your File a motion for reconsideration of the judgment or
answer, at pag ayaw tanggapin, file it by final resolution within 15 days from service thereof
registered mail before the CA, with proof of service on the adverse
o Pag nag argue ang kalaban, motion party.
to strike out answer, WEH!
Basis: R52 S1
 R1 S6- Liberal application
of the rules, HENCE, you
can file answer
Denied. Remedy?
File a petition for review on certiorari before the SC

Summary Procedure raising only questions of law which must be distinctly
set forth, within 15 days from notice of the denial of
Given 10 days to answer from receipt of
petitioner’s motion for reconsideration filed in due
service of summons
time after notice of the judgment.
70
Basis: R45 S2 and R45 S1-- CA judgment,

final order, or resolution can be elevated to Answer to 3rd 4th etc party complaint
the SC raising only questions of law
Answer to complaint in intervention
Reply
Denied. Remedy?
File a motion for reconsideration of the judgment or Answer to amended complaint

final resolution within 15 days from service thereof
before the SC, with proof of service on the adverse
party. Answer to amended counterclaim
Basis: R52 S1 Answer to amended cross claim
Answer to amended 3rd 4th etc party

AFTER FINALITY OF JUDGMENT: complaint
Any of the following remedies: Answer to amended complaint in

intervention
Answer to supplemental complaint

1. File petition for relief from judgment, order,
or other proceeding on the ground of entry
Rejoinder
of such judgment or final order, or any
other proceeding is thereafter taken against
Answer to counter counterclaim
a party in a court through FAME (Rule 38
S1)
Answer to counter cross claim
2. File petition for annulment of judgment or
Answer to amended counter counterclaim
final order or resolution on the ground of
extrinsic fraud (R47 S1 and 2)
Answer to amended counter cross claim
3. File petition for certiorari (Rule 65)
4. Collateral Attack Discuss the periods to answer to responsive

pleadings under Rule 11 of the Rules of Court:
V. FILING OF ANSWER 1. Answer to the original complaint
Answer- the pleading setting forth the defending R13 S1

party’s defenses
Defendant shall file answer to the complaint within
(Bears the same parts of a pleading) 15 days after service of summons, unless a different
period is fixed by the court
WITHIN WHEN?
R13 S2
What are the responsive pleadings?
Where the defendant is a foreign private juridical
Rule 6 of the Rules of Court in relation to Rule 11 entity and service of summons is made:
provides for the following responsive pleadings:
- to a resident agent, answer shall be filed
Answer to the original complaint within 15 days from service of summons to
him
Compulsory counterclaim
- when it has no resident agent but has an
Answer to the permissive counterclaim agent or officer in the Philippines, answer
shall be filed within 15 days after service of
Answer to cross claim summons to said agent or officer
71
6. Answer to complaint in intervention

- if it has no resident agent nor an agent or
officer, and summons is made on the R19 S4
proper government office designated by
The answer to the complaint in intervention shall be
law to receive the same (SEC), which will
filed within 15 days from notice of the order
then send a copy thereof by registered mail
admitting the same, unless a different period is fixed
within 10 days to the home office of the
by the court
foreign private corporation, answer shall be
filed within 30 days after receipt of
summons by the home office of the foreign
private entity 7. Reply
R14 S15 R11 S6
In case of summons by publication, answer shall be A reply may be filed within 10 days from service of
filed within the time specified in the order granting the pleading responded to
leave to serve summons by publication which shall
not be less than 60 days after notice, within which
the defendant must answer. 8. Answer to amended complaint
In case of a non resident defendant in whom R11 S3

extraterritorial service of summons is made, the
period to answer should be at least 60 days. Where plaintiff files amended complaint as a matter
of right, the defendant shall answer the same within
15 days after being served with a copy thereof
2. Compulsory counterclaim Where its filing is not a matter of right, the

defendant shall answer the amended complaint
(note above periods?)
within 10 days from notice of the order admitting
the same
3. Answer to permissive counterclaim
R11 S4 9. Amended CC, Amended 34etc PC,

Amended CII
A permissive counterclaim must be answered within
10 days from service R11 S3 (note the period) shall apply to the answer to
an amended counter claim, amended cross claim,
amended 3rd 4th etc party complaint, amended
complaint in intervention
4. Answer to cross claim
R11 S4
10. Answer to supplemental complaint
A cross claim must be answered within 10 days from
service R11 S7
A supplemental complaint may be answered within

10 days of the order admitting the same, unless a
5. Answer to 3rd 4th etc party complaint
different period is fixed by the court. The answer to
R11 S5 the complaint shall serve as answer to the
supplemental complaint if no new or supplemental
Time to answer a 3rd 4th etc party complaint shall be answer is filed.
governed by the same rule as the answer to the
complaint (hence, follow R11 S1, 2 plus
amendments)
11. Rejoinder
(?)
72
the action set up in the action
R11 S4 (?) Need not be answered, Must be answered or

not result in default else defendant can be
Answer within 10 days from service
declared in default
Not an initiatory Initiatory pleading

17-18. pleading
R11 S3 (?)—note the periods Docket fees are With docket fees
suspended
Answer may raise counterclaim or cross claim
Answer in third party complaint- Can you raise Omitted counterclaim or cross claim
Counterclaim or cross claim?
REMEDY: amend the answer
YES!
But, if counterclaim against counterclaim, counter

Motion to dismiss with counterclaim
counterclaim
If permissive counterclaim, PWEDE
IF cross claim against cross claim, then counter cross
Kasi, independent sa main action
claim
Counterclaim with respect to Rule 17

Counterclaim Cross Claim
Pwede, proceed after service of answer
Any claim which a Any claim by one party
(Rule 17 S1 and 2)
defending party may against a co party arising
have against the out of the transaction or
opposing party occurrence that is the
subject matter either of Counterclaim with respect to Rule 18
the original action or of a
Plaintiff failed to appear in pre trial, case is
counterclaim therein
dismissed with prejudice, without prejudice
to counterclaim
Compulsory Permissive Counterclaim DEFENSES and DENIALS

Counterclaim
What are the types of defenses?
Arises out of or is Does not arise out of nor
1. Negative defense
necessarily connected is necessarily connected
with the transaction or with the subject matter R6 S5
occurrence that is the of the opposing party’s
subject matter of the claim Negative defense is the specific denial of the
opposing party’s claim material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action.
Does not require for its It may require for its
adjudication the adjudication the 2. Affirmative defense
presence of third parties presence of third parties
R6 S5
over whom the court over which the court
cannot acquire cannot acquire An affirmative defense is an allegation of new
jurisdiction jurisdiction matter which, while hypothetically admitting the
material allegations in the pleading of the claimant,
Barred if not set up in Not barred even if not
73
would nevertheless prevent or bar recovery by him. - By specifically denying the averment and
The affirmative defenses include: whenever practicable, setting forth the
substance of the matters relied upon for
FIRSSPEFDA such denial
a. Fraud
With support dapat
b. Statute of limitations
c. Release Specifically deny par 2 __ for being untrue, the truth
d. Payment of the matter is that...
e. Illegality
f. Statute of frauds
g. Estoppel 2. Partial specific denial
h. Former recovery
i. Discharge in bankruptcy - Part admission and part denial
j. Any other matter by way of confession and
avoidance With support dapat
Ground for motion to dismiss (if M2D not filed or

M2D denied), may be pleaded as an affirmative 3. Disavowal of knowledge
defense in the answer
- By an allegation of lack of knowledge or
Motion to set affirmative defense for hearing,
information sufficient to form a belief as to
- Equivalent to motion to dismiss the truth or falsity of the averment in the
o During hearing, defending party to opposing party’s pleading
present evidence first
 INVERTED TRIAL In good faith, or else, deemed an admission
Specific denial in par __ __ __ for lack of knowledge

to truth or belief of the same
Affirmative defense is granted, case is dismissed.
Remedy?
APPEAL (Because trial is on the merits) Specific not necessarily Specific Denial
Answer- no need to verify
EXCEPT:
With respect to negative defenses, note SPECIFIC 1. Actionable Document

DENIALS
- Document which creates rights, which
serves as basis for filing of the complaint
What is a negative pregnant?

2. Usury in a complaint
- General denials are deemed admissions
3. Summary procedure
4. Answer with permissive counterclaim

Plaintiff’s remedy in such a case?
- JUDGMENT ON THE PLEADINGS (Rule 34)
Not denied under oath an actionable document such

as deed of sale or mortgage,
Kinds of Denials:
Failure to verify = deemed admitted
1. Specific Absolute Denial
HENCE, judgment on the pleadings
Except:
74
1. Fraud/forgery 1. Matter which is relevant to the subject of

2. Not a party to the actionable document the pending action
3. Failure to produce document after 2. Not privileged
reasonable notice 3. Not restricted by a protective order
2. Depositions before action or pending

appeal (Rule 24)
After jurisdiction is acquired by court, parties may
resort to: Aka perpetuam rei memoriam
VI. MODES OF DISCOVERY - Objective is to perpetuate testimony of a

witness for future use
Rules 23-28
o Taken conditionally, to be used at
- Depositions pending action (under R23) the trial only in case deponent is
- Depositions before action or pending not available
appeal (R24) - Do not prove existence of any right and the
- Interrogatories to parties under R25 testimony perpetuated is not in itself
- Admission by adverse party (R26) conclusive proof,
- Production or inspection of documents or either of the existence of any right nor
things under (Rule 27) even of the facts to which they relate,
- Physical and mental examination of persons as it can be controverted at the trial in the
under (Rule 28) same manner as though no perpetuation of
testimony was ever had
BUT, in the absence of any objection to its
taking, and even if the deponent did not
Discussing each:
testify at the hearing, the perpetuated
1. Depositions pending action (R23) testimony constitutes prima facie proof of
facts referred to in the deposition
Deposition-
1. a written testimony of a witness 3. Interrogatories to parties (R25)

2. given in the course of a judicial proceeding
- Purpose is to elicit facts from any adverse
3. in advance of the trial or hearing party
- Answers may also be used as admissions of
4. upon oral examination or in response to the adverse party
written interrogatories - Written interrogatories and the answers
thereto must be both filed and served,
5. and where an opportunity is given for cross
hence, the answers may constitute as
examination
judicial admissions
Aka depositions de bene esse
May be taken with leave of court when:

4. Admission by Adverse Party under Rule 26
1. After jurisdiction has been obtained over
any defendant or over the property which is - Purpose is to expedite trial and relieve
the subject of the action but before an parties of the costs of proving facts which
answer has been filed will not be disputed on trial and the truth of
2. Deposition of a person confined in prison which can be ascertained by reasonable
inquiry
May be taken without leave of court: - An admission made is for the purpose of
the pending action only and cannot be used
1. After answer and deponent is not confined in other proceedings
in prison
Scope of examinations:
75
5. Production or inspection of documents or 1. File answer or comment, or else, the facts

things under Rule 27 are deemed admitted, no issue, hence,
judgment on the pleadings
- Applies only to a pending action and the
documents or things subject of the motion
must only be those within the possession,
Production/Inspection of documents or things
control, or custody of a party
For photographing, copying, inspecting
The documents to be produced must have the
following requisites: Production or Inspection Subpoena
of Documents or Things
1. Should not be privileged
2. Should constitute or contain evidence Mode of discovery Process
material to any matter involved in the
action and which are in the party’s By motion By request
possession, custody, or control
3. In a petition for production of papers and
documents, they must be sufficiently
Production or Inspection Original of Evidence in
described and identified, or else, the
of Documents or Things Custody of Adverse
petition will not prosper
Party
This mode of discovery does not authorize the
Mode of discovery Exception to the best
opposing party or clerk or other functionaries of the
evidence rule
court to distrain the articles or deprive the person
who produced the same of their possession, even By motion By notice
temporarily
If there is no original
6. Physical and Mental Examination of document, because such
Persons under Rule 28 is in the presence of
adverse party, the
- This mode of discovery is available in an requesting party can ask
action in which the mental or physical for production of the
condition of a party is in controversy, original by way of notice
usually arising in controversy in proceedings
for guardianship over an imbecile or insane Without prior knowledge With prior knowledge of
person, while the physical condition of the as to contents contents of the
party is generally involved in physical document, because the
injuries cases requesting party has the
secondary evidence
- Since the results of the examination are
intended to be made public, the same are
not covered by physician-patient privilege
Mental and Physical examination of Persons vs
Hospitalization of Insane Persons
Use of depositions: Hospitalization of Physical and Mental

Insane Persons examination of persons
1. Impeach adverse party’s witness (relate to
evidence) Governed by Rule 101 Governed by Rule 28
2. Residing 100 km away, sick or infirm
Special proceeding Mode of discovery
File a petition File a motion

R23 R24- Relate to R134 (Deposition)
Filed by Regional Any party may avail of
Director of DOH
Interrogatories/Admission by adverse party
76
1. First complaint filed by plaintiff before court

of competent jurisdiction
Another remedy which may be availed of: 2. At any time before service of answer or of
motion for summary judgment, plaintiff
MOTION TO DISMISS BY PLAINTIFF (Rule
filed notice of dismissal of the first
17)
complaint, which the court granted (effect
What are the grounds for dismissal under Rule 17? without prejudice)
3. Second complaint filed by plaintiff involving
1. Dismissal upon notice by plaintiff (R17 S1) an action based on or including the same
claim before court of competent jurisdiction
- At any time before service of the answer or 4. At any time before service of answer or of
of a motion for summary judgment motion for summary judgment, plaintiff
filed notice of dismissal of the second
Before filing responsive pleading or motion for
complaint based on or including the same
summary judgment
claim as the first complaint
Effect of 2 dismissal rule (R17 S1):

2. Dismissal upon motion by plaintiff (R17 S2)
The second notice of dismissal shall operate as an
Upon approval of the court and adjudication upon the merits.
Upon such terms and conditions as the
court deems proper
Exceptions to 2 Dismissal Rule:

With answer, by way of motion without
prejudice to counterclaim 1. 1st action is not related to the second action
May be filed independently or separately 2. Court dismissing the second action is a

court not of competent jurisdiction
3. Dismissal due to fault of plaintiff, when for

justifiable cause, Nature of Dismissal of actions under Rule 17:
Plaintiff fails to appear on the date of the (S1), upon notice by plaintiff
presentation of his evidence in chief on the
complaint Unless otherwise stated in the notice, the
dismissal is without prejudice,
Plaintiff fails to prosecute his action for an
unreasonable length of time (*2 dismissal rule) ..except that a notice
operates as an adjudication upon the merits
Plaintiff fails to comply with these Rules or when filed by a plaintiff who has once
any order of the court dismissed in a competent court an action
based on or including the same claim
What is the 2 dismissal rule? What are its (S2), upon motion of plaintiff
elements?
The dismissal shall be without prejudice,
(R17 S1) -..the notice of dismissal by plaintiff unless otherwise specified in the order
operates as an adjudication upon the merits when
filed by a plaintiff who has once dismissed in a
competent court an action based on or including the (S3), due to fault of plaintiff
same claim
The dismissal shall have the effect of an
adjudication upon the merits unless
otherwise declared by the court
Elements of 2 dismissal rule: (R17 S1)
77
What are your remedies, as plaintiff, in such cases? Allegations not deemed admitted by filing of
judgment on the pleadings:
S1- dismissal upon notice by plaintiff
- irrelevant allegations
refile the case (unless the 2-dismissal rule - immaterial allegations
applies [?]) - allegations of damages in the complaint
or if so declared with prejudice, appeal the

dismissal
Judgment on the Summary Judgment
Pleadings
S2- dismissal upon motion of plaintiff 3 day notice rule 10 day notice rule
Refile the case Filed by plaintiff Filed by claimant/

defendant
If the court declares that the dismissal is
with prejudice, appeal the dismissal Based solely on the Based on pleadings,
pleadings depositions, admissions,
affidavits
S3- dismissal due to fault of plaintiff
Answer fails to tender an No genuine issue
Appeal the dismissal issue or there is an between the parties
admission of material
If the court declares that the dismissal is allegations
without prejudice, refile the case
On the merits Interlocutory or on the
merits
Another: There is answer filed If filed by plaintiff, filed

at any time after the
JUDGMENT ON THE PLEADINGS (Rule 34)
answer is served
S1
Where the answer

If filed by defendant,
- fails to tender an issue or may be filed at any time
- otherwise admits the material allegations of even before answer
the adverse party’s pleading,
the court may, on motion of that party, direct

VII. REPLY (R6 S10)
judgment on such pleading
A pleading, the office or function of which is to deny
However, in an action for declaration of
or allege facts in denial or avoidance of new matters
- nullity or alleged by way of defense in the answer and thereby
- annulment of marriage or join or make issue as to such new matters.
- for legal separation,
If a party does not file such reply, all the new
the material facts alleged in the complaint shall matters alleged in the answer are deemed
always be proved controverted.
R11- may be filed within 10 days from service of the

pleading responded to
Exception that JoP be on motion:
- if at pre trial court finds that judgment on

the pleadings is proper, it can render such VIII. REJOINDER
judgment motu proprio
78
Second pleading on the party on the part of Hence, if plaintiff failed to file motion ex parte that
defendant being his answer to the plaintiff’s the case be set for pre trial, the clerk of court shall
replication issue notice of pre trial conference
Another form of responsive pleading
Pre Trial in Criminal Pre Trial in Civil Cases

IX. PRE TRIAL (Rule 18) Cases
Rule 18 S1 COMPLETE: Mandatory requirement
AFTER the LAST PLEADING ASSERTING A CLAIM has After arraignment, After the last pleading
been served and filed, or AFTER the EXPIRATION OF within 30 days from the asserting a claim has
THE TIME FOR FILING THE LAST PLEADING date the court acquires been served and filed
ASSERTING A CLAIM, a pre trial is to be conducted jurisdiction over the
upon motion ex parte by plaintiff that the case be accused
set for pre trial
Rule 118 Rule 18
No pre trial brief Pre trial brief is required

Pre Trial Conference- yes to be filed and served
Counsel of accused and Parties and counsel are

prosecutor are required required to appear
Answer
to appear
Answer to permissive counterclaim

Non appearance may be
Answer to cross claim excused only if valid
cause is shown, or
Answer to third party complaint representative shall
Answer to complaint in intervention appear in behalf duly
authorized in writing to
Reply to answer enter into amicable
settlement, submit to
Reply to answer to permissive counterclaim ADR, enter into
stipulations of facts and
Reply to answer to cross claim of document
Reply to answer to third party complaint Failure of counsel of Failure of plaintiff to

accused or prosecutor to appear, dismissal of the
Reply to answer to complaint in appear, and without case with prejudice,
intervention acceptable excuse for unless otherwise
lack of cooperation, ordered by the court
Rejoinder court may impose
proper sanctions or
penalties
Failure of defendant to
By MOTION appear, plaintiff to
present evidence ex
If the motion is not filed, is the case dismissed for Presence of private parte
failure to prosecute? offended party is not
required (as only
- Techinically, yes, but ff R1 S6 (liberal required to appear at
construction, arraignment)
o It is not dismissed
Prê trial agreement is in Signed by parties and
79
writing, signed by counsel (?) therefor be

accused and counsel, or found to exist
else, cannot be used
against accused Advisability or
necessity of
Considerations in pre Considerations in pre suspending the
trial conference: trial: PSNPLAPAS proceedings
Such other
Plea bargaining Possibility of matters as may
Stipulation of amicable aid in the
facts settlement or prompt
submission to disposition of
Marking of alternative the action
identification of modes of
evidence of the dispute
parties resolution (simplified)
Waiver of Simplification of Pre Trial In Criminal Pre Trial in Civil

objections to the issues
admissibility of After arraignment After last pleading
evidence Necessity or asserting a claim has
desirability of been served and filed
Modification of amendments to
No pre trial brief With pre trial brief
order of trial if the pleadings
accused admits Order of pre trial signed
the charge but Possibility of by accused and counsel
interposes a obtaining so admissions are
lawful defense stipulations or binding
admissions of
Such matters as facts and of Failure to appear, Failure to appear by
will promote a documents to sanctions against plaintiff, dismissal of
fair and avoid counsel and prosecutor case with prejudice
expeditious trial unnecessary
of the criminal proof
and civil aspects
Failure to appear by
of the case Limitation on
defendant, plaintiff to
the number of
present evidence ex
witnesses
parte
Advisability of
preliminary
conference of What are the purposes of pre-trial?
issues to
(Rule 18 S2)
commissioner
The court shall consider:
Propriety of
rendering a. The possibility of an amicable settlement or
judgment on of a submission to alternative modes of
the pleadings, dispute resolution
summary
judgment, b. The simplification of the issues
dismissing the
action should a c. The necessity or desirability of amendments
valid ground to the pleadings
80
d. The possibility of obtaining stipulations of

admissions of facts and of documents to PRE TRIAL BRIEF
avoid necessary proof
Required to be filed at least 3 days before
the Pre Trial Conference
e. The limitation of the number of witnesses
Ensure na really good, for filing memoranda
f. The advisability of a preliminary conference
of issues to a commissioner (all remedies, may bayad, bawat pleading)—
pagkakitaan
g. The propriety of rendering judgment on the
pleadings or summary judgment or of
dismissing the action should a valid ground Failure to file at pre trial brief = failure to appear at
therefore the found to exist pre trial, same effect
h. The advisability or necessity of suspending

the pleadings
Requisites for appearance at the pre trial:
i. Such other matters as may aid in the
(R18 S4)
prompt disposition of the action
1. Duty of the parties and their counsel to
appear at the pre trial
S6- Pre trial brief
2. The non-appearance of a party may be
The parties shall file with the court and serve on the excused only if a valid cause is shown
adverse party, in such manner as shall ensure their therefor or IF A REPRENTATIVE SHALL
receipt thereof at least 3 days before the date of the APPEAR IN HIS BEHALF FULLY AUTHORIZED
pre trial, their respective pre trial briefs which shall IN WRITING
contain, among others:
If party a NATURAL PERSON- representative is armed

with SPECIAL POWER OF ATTORNEY
a. A statement of their willingness to enter
into amicable settlement or alternative If party is a JURIDICAL PERSON (corporations or
modes of dispute resolution, indicating the partnerships)- representative is armed with BOARD
desired terms thereof RESOLUTION (Board resolution is binding upon the
entire corporation, because the Board of Directors
b. A summary of stipulated facts and proposed [in case of stock corporations] or the Board of
stipulation of facts Trustees [in case of non stock corporations] are the
ones who make the decisions of the corporation
c. The issues to be tried or resolved through Board Resolution-- note that Board
Resolution prevails over SPA)
d. The documents or exhibits to be presented,
stating the purpose thereof
e. A manifestation of their having availed or

their intention to avail themselves of Effects of failure to appear at the pre trial:
discovery procedures or referral to
commissioners Plaintiff fails to appear
R18 S5
f. The number and names of the witnesses,
and the substance of their respective The failure of plaintiff to appear at the pre trial
testimonies conference when so required shall be cause for the
dismissal of the action. The dismissal shall be with
Failure to file the pre trial brief shall have the same
prejudice, unless otherwise ordered by the court.
effect as failure to appear at the pre trial.
81
order, hence, no appeal may be taken from

it
Defendant fails to appear
R18 S5 If M4R denied, file petition for certiorari under Rule

65
The failure of defendant to appear at the pre trial
conference shall be cause to allow the plaintiff to - R41 (1)- the order allowing ex parte
present his evidence ex parte and the court to presentation of evidence is an interlocutory
render judgment on the basis thereof. order, no appeal may be taken from it,
hence, aggrieved party may file the
appropriate special civil action under Rule
Remedies in case of failure to appear by plaintiff / 65, which includes certiorari
defendant:
Plaintiff fails to appear

PRESENTATION OF EVIDENCE EX PARTE
Plaintiff can file an appeal, unless the Conducted by Court of CLERK OF COURT
dismissal is ruled to be without prejudice,
which in such a case, defendant would be - Clerk of court, a LAWYER
avail of the remedy of refiling the case or o Hence, if judge delegated to clerk
filing a petition for certiorari under Rule 65 of court who is not a lawyer,
BAWAL
Defendant fails to appear
Can clerk of court charge Commissioner’s Fee?
NOTE: Defendant WILL NOT BE DECLARED IN
DEFAULT! Likewise, there is no such thing under the BAWAL accdg sa Manual of Clerk of Court (ugat ng
1997 Rules on Civil Procedure AS IN DEFAULT (sa corruption)
luma to)
The only time na pwede is when he is not
When defendant fails to appear, 4 SCENARIOS ARE an employee of a court
CONTEMPLATED:
REMEDIES:
- Issuance of order allowing ex parte
File a motion for reconsideration + Set aside the
presentation of evidence/before
Evidence Ex parte
presentation of evidence
- Order allowing ex parte presentation of - on the ground that the order is contrary to
evidence was issued, plaintiff presents ex law [R37]? OR,
parte evidence - that, the order allowing ex parte
- Before judgment becomes final and presentation of evidence is an interlocutory
executory order)
- After judgment becomes final and if you fail this, the evidence shall form part
executory of the records of the case – kawawa ka cge
If the motion for reconsideration + motion to set

ORDER ALLOWING PLAINTIFF’S aside is denied, file a petition for certiorari under
PRESENTATION OF EVIDENCE EX PARTE Rule 65
REMEDIES: The order is interlocutory, hence, R41 (1)- the order allowing ex parte
presentation of evidence is an interlocutory
File motion for reconsideration, based on order, no appeal may be taken from it,
R65 S4 and R41 S1 hence, aggrieved party may file the
- R65 (4)- ..whether such m4r is required or appropriate special civil action under Rule
not.. 65, which includes certiorari
- R41 (1)- the order allowing ex parte
presentation of evidence is an interlocutory
82
Before judgment becomes final and Pre Trial conference- relates to judicial admissions
executory under Rule 129
REMEDIES: Adverse party admits your proposals/stipulations
- Appeal the judgment (Rule 41) or - Deemed admitted
- File motion for reconsideration (Rule 37) or Cause of action admitted by defendant,
Ground: that the evidence is insufficient to justify - Rule 18 in relation to Rule 34

the decision or final order  JUDGMENT ON THE
PLEADINGS
Conclusive on part of admitter, for purposes
- File a motion for new trial (Rule 37) of substantial justice
Ground: FAME which ordinary prudence could not Pre Trial

have guarded against and by reason of which such
aggrieved party has been impaired in his right - May be delegated to clerk of court who is a
lawyer
After PRE TRIAL,

After judgment becomes final and
executory X. TRIAL
REMEDIES: The best part of law practice
- File Relief from judgment, order, or other

proceedings under Rule 38 or
o GROUND: any proceeding is
thereafter taken against the party (Rule 30 in relation to Rule 132 S4, 5, 6, 7, 8)
in any court through FAME
A proceeding where parties present
- File for annulment of judgment, final evidence and ends in oral argument
order, or resolution under Rule 47 or
With respect to examination of witnesses
o GROUND: extrinsic fraud
Pre trial brief (see above) presented in trial
- File petition for certiorari under Rule 65 or
o GROUND: GAD amounting to lack
or excess of jurisdiction on the part
of the tribunal exercising judicial All witnesses in pre trial brief to be presented
functions, and there is no appeal
Before witness is presented, offer of testimony, in
nor any plain, speedy and
accordance with purpose in pre trial brief
adequate remedy in the ordinary
course of law
- Make a collateral attack on the judgment 1. PROPONENT’S / PLAINTIFF’S TESTIMONIES

AND EVIDENCE IN CHIEF as well as that of
Pre Trial Order witnesses
- Order issued by the court stating what With respect to Rule 7 (parts of a pleading) stating
transpired during the pre trial conference the cause of action in the body of the pleading
o Can be amended accordingly
o By filing motion to amend or Ultimate facts to be proven during the trial of the
correct the pre trial order, within 5 case
days after receipt of the pre trial
ORDER:
order
o NO NEED for counsel to sign the Direct Examination
pre trial order
83
- Transform allegations of the complaint in  TSN is best evidence of

the body of the pleading what transpired during
- Cause of action trial
- Direct testimony  To impleach
- Show sinumpaang salaysay testimony of
witness
HOW, WHEN, WHERE, WHAT, WHY
 To refresh
memory of the
CONSIDER violations and exceptions:
witness
Leading Questions  Ididiscuss din to
isa isa sa
- Avoid except in preliminary matters memorandum
- Propound answers which proponent desires
NOTE EXCEPTIONS: hostile witnesses, minors,

adverse party, preliminaries Re Direct Examination
Is your name Ms X? Leading Re establish what was destroyed during the

cross examination
Is your age 27? Leading
Re Cross Examination
Misleading questions Destroy what was re established in the re

direct examination
NOTE: Identify all witnesses
Offer of Testimony Offer of Evidence
Made at the time the After termination of

Cross Examination
witness is presented on presentation of evidence
Requires knowledge of: the witness stand of prosecution
- Facts
- Evidence
- Defenses
Leading questions are allowed Evidence in chief
Totoo bang ikaw ay maganda? Leading Evidence supporting allegations in the

complaint
Obtain affirmative answers- GOOD
Line of questioning:
After presentation of all witnesses,
Is it not a fact you are 1 of... YES
Offer of evidence
Executed sometime, etc... YES
NOTE: Lead mo papunta sayo

Then,
- Test credibility of witness, test credibility of
testimony Comment or objection
- Not from the mouth of credible witness, but
- Secondary
from credible testimony
- Not identical
o WHY? Asa TSN- pag may mali, ipa
correct
Then,
84
Order of admission/Exclusion of evidence required court
Admitted; Exh A, Exh B
Excluded: Exh C, etc If with leave of court,

accused could present
TENDER OF EXCLUDED EVIDENCE evidence if demurrer is
Considered by CA in appeal denied
After PLAINTIFF RESTS ITS CASE, If without leave of court,

accused could not
(defendant may file) DEMURRER TO
present evidence if
EVIDENCE (Rule 33)
demurrer is denied
D2E vs M2D (simplified)
If court finds that If court finds that
D2E M2D evidence is insufficient prosecution’s evidence is
(plaintiff has shown no insufficient, demurrer
Rule 33 Rule 16 right to relief), complaint granted, accused is
dismissed as demurrer is acquitted
After plaintiff rests its Before filing of
granted
case responsive pleading
That plaintiff has shown 10 grounds Judgment of acquittal

no right of relief not appealable, hence,
DJ sets in
If granted, case If granted, case
dismissed dismissed, remedy Judgment of dismissal is Judgment of acquittal is
depends: appealable not appealable; DJ sets
in
If granted but on appeal
order of dismissal is With prejudice- appeal If demurrer is granted
reversed, defendant is but on appeal, order of
deemed to have waived Without prejudice- refile
dismissal is reversed,
the right to present defendant is deemed to
evidence have waived the right to
present evidence
Both by way of motion
(NO res judicata in

NOTE: in summary proceedings, no trial, no dismissal due to
demurrer to evidence demurrer)
In Criminal Cases, Plaintiff files motion to Court may motu proprio
deny motion due to deny motion
There is demurrer to evidence in Summary
demurrer to evidence
Procedure
- Constitutional Right to Due process If court denies demurrer, If court denies demurrer,
defendant will present
evidence
With LoC- accused may
Demurrer to evidence in Demurrer to evidence in
present evidence
Civil Procedure Criminal Procedure
Rule 33 Rule 119 S23

W/O LoC- accused can
No leave of court With or without leave of
no longer present
85
evidence and submits 3. REBUTTAL EVIDENCE

case for decision based
on prosecution’s Purpose is to rebut defendant’s evidence in
evidence chief
Order: (same as previously stated)
(simplified version)
4. SUR REBUTTAL EVIDENCE
D2E Civil D2E Criminal Purpose is to rebut the rebuttal
Rule 33 Rule 119 S23 Order: (Same as previously stated)
With or without leave of With LoC- if denied,

court accused presents
evidence 5. MEMORANDUM
Narration of facts of the case, issues, no

If granted, but on appeal
cause of action, no defenses, but only
is reversed, defendant Without LoC- if denied,
contain discussions
loses the right to present defendant cannot
evidence, case present evidence
submitted for decision
After trial,
XI. JUDGMENT (Rule 36)

After plaintiff rests its case, no D2E or D2E denied no
appeal, Declares rights/reliefs of parties
Final consideration and determination of a
2. DEFENDANT’S EVIDENCE IN CHIEF
court of competent jurisdiction upon the
matters submitted to it in an action or
Prove allegations in the body of the answer
proceeding
(R7 S1)
S1- Rendition of judgments and final orders:
Order:
A judgment or final order determines the merits of a
Direct Examination
case, shall be
Cross Examination - in writing,
- personally and directly prepared by the
Re Direct Examination
judge,
Re Cross Examination - stating clearly and distinctly the facts and
the law on which it is based,
Formal offer of evidence - must contain a dispositive part,
- signed by him, and
Comment
- filed with the clerk of court
Objection
Offer
CONSTITUTIONAL BASIS:
Tender of excluded evidence
A8 S14—(basis for Rule 36)
DEFENDANT RESTS ITS CASE
No decision shall be rendered by any court without
Note: No more D2E- Rule 33- after PLAINTIFF rests expressing therein clearly and distinctly the facts and
its case... the law on which it is based.
86
No petition for review or motion for reconsideration plaintiff’s cause of action was just and
of a decision of the court shall be refused due course rightful
or denied without starting the legal basis therefor.
Judgment by Confession Relicta

Kinds of Judgments: Verificatione
JUDGMENT UPON A COMPROMISE After pleading and before trial, defendant

both confesses the plaintiff’s cause of
- Judgment rendered by the court on the action and withdrew or abandoned his plea
basis of compromise agreement entered or other allegations, whereupon judgment
into by the parties was entered against him without
- Immediately executory upon signing of proceeding to trial
compromise agreement in absence of
motion to set aside on the ground of FAME
- Has effect of res judicata
- Compromise agreement May be submitted Remedies to judgment by consent, confession,
to by parties at any stage of a case, even compromise:
after F and E, even without court approval
File motion to set aside
(A2028-2046, NCC)
If denied, file petition for certiorari under
Rule 65 (R41 S1)
Court could render judgment upon a compromise,

and, in case of breach of any of the conditions, the
party may ask the court for execution of judgment. JUDGMENT UPON THE MERITS
Judgment that is rendered after

consideration of the evidence submitted by
JUDGMENT UPON CONFESSION the parties during the trial of the case
Judgment rendered by court when a party

expressly agrees to the other party’s claim
or acknowledges validity of the claim CLARIFICATORY JUDGMENT
against him
Judgment rendered to clarify an ambiguous
judgment or one difficult to comply with
Judgment upon Judgment by confession

compromise
JUDGMENT NON PRO TUNC
Provisions and terms are An affirmative and
settled and agreed upon voluntary act of Now for then
by the parties to the defendant himself. The Judgment intended to enter into the record
action and which is court exercises a certain the acts which had already been done, but
entered by the consent amount of supervision which do not appear in the records
of the court over the entry of
judgment
JUDGMENT SIN PERJUICIO
2 kinds of judgment by confession: Without prejudice

Refers to dismissal of a case without
Judgment by Cognovit actionem prejudice to its being refiled
Defendant after service instead of entering

a plea, acknowledged and confessed that
JUDGMENT BY DEFAULT (R9 S3)
87
R39 S11
Judgment rendered by the court following
an order of default, granting the claiming Judgment requiring performance of an act
party the relief prayed for on the basis of other than execution of judgments for
his evidence presented ex parte by plaintiff money execution of judgments for a specific
act,
a certified copy of the judgment shall be
attached to the writ of execution and shall
JUDGMENT ON THE PLEADINGS (R34) be served by the officer upon the party
against whom the same is rendered, or
Judgment rendered by the court upon motion by
upon any other person required thereby, or
plaintiff where the answer of defendant
by law, to obey the same, and such party or
fails to tender an issue or person can be held liable for contempt for
otherwise admits the material allegations of disobedience of such special judgment
the adverse party’s pleading
JUDGMENT FOR SPECIFIC ACTS

SUMMARY JUDGMENT (R35)
R39 S10
Judgment rendered by the court if the Judgment of a court directing a party to
pleadings, supporting affidavits, depositions execute a conveyance of land or personal
and admissions of plaintiff or defendant property or to deliver deeds or other
show that: documents, or to perform any other specific
act in connection therewith
except as to the amount of damages, there
is no genuine issue as to any material fact
and that the moving party is entitled to
judgment as a matter of law JUDGMENT ON DEMURRER TO EVIDENCE
R33
SEVERAL JUDGMENT judgment rendered by court dismissing case

upon motion of defendant, made after
R36 S4 plaintiff rested his case, on the ground that
upon the facts presented by plaintiff and
Judgment rendered by the court where in the law on the matter, plaintiff has not
an action against several defendants, the shown any right to relief
court renders judgment against one or
more of them, leaving the action to proceed
against the others CONDITIONAL JUDGMENT
Judgment wherein effectivity of such

SEPARATE JUDGMENT depends upon occurrence or non
occurrence of an event
R36 S5
Judgment rendered disposing of a claim FINAL JUDGMENT

among several others presented in a case
after a determination of issues material to a Judgment which disposes of the whole
particular claim and all counterclaims subject matter or terminates the particular
arising out of the transaction or occurrence proceedings or action, leaving nothing to be
which is the subject matter of said claim done by the court but to enforce in
execution what has been determined
SPECIAL JUDGMENT
88
AMENDED JUDGMENT Identity of parties and causes of action-barred by

prior judgment
Aka clarified judgment; it is an entirely new
judgment, which supersedes an original Stare Decisis
judgment rendered by the court
When a court has laid down a principle of law as
applicable to a certain set of facts, it will adhere to
that principle and apply it to all future cases in which
SUPPLEMENTAL JUDGMENT the facts are substantially the same
Judgment of the court which serves to Obiter Dictum

bolster or add to the original judgment, and
an expression of opinion on a matter of law, given
does not take place nor extinguish the
by a judge in court, but not essential to his decision,
original judgment
and therefore not of binding authority
Doctrine of immutability of Judgment
Law of the Case
Once a judgment has become final and executory it
A question of law that have been previously raised
can no longer be disturbed, altered or modified
and disposed of in the proceedings shall be
Exceptions: controlling in succeeding instances where the same
legal question is raised, provided that the facts on
1. Correction of clerical errors which the legal issue was predicated continue to be
the facts before the court.
2. Nunc pro tunc entries
If after judgment is promulgated, the judgment is
3. Void Judgments ambiguous and difficult to comply,
4. Whenever circumstances transpire after
MOTION FOR CLARIFICATORY JUDGMENT
finality of decision rendering its execution
unjust and inequitable
Res Judicata XII. REMEDIES BEFORE JUDGMENT

BECOMES FINAL AND EXECUTORY:
‘A matter adjudged; a thing judicially acted upon and
decided; a thing or matter settled by judgment’ Motion for reconsideration (Rule 37)
2 concepts:
Motion for New Trial (Rule 37)
1. Barred by prior judgment
Reopening of Trial (Rule 119)
Requisites:
Appeal (Rules 40-43, 45)
a. Former judgment or order must be
final
b. It must be judgment on the merits
c. Rendered by court having jurisdiction 1. Motion for Reconsideration (Rule 37)
over the subject matter and parties
d. Identity of parties, subject matter R37 S1
and causes of action
Within the period for taking an appeal, a motion for
2. Conclusiveness of judgment
reconsideration may move for reconsideration on
Where there is identity of the parties in the first and the grounds that:
second cases, but no identity of causes of action, the
a. Damages awarded are excessive
first judgment is conclusive only as to those matters
actually and directly controverted and determined
b. Evidence is insufficient to justify the
and not as to matters merely involved therein.
decision or final order
Identity of parties but no identity of causes of
action-COJ c. That the decision or order is contrary to law
89
NOTE: M4R here is directed against judgment or 15 days- ordinary appeal

final order, not an interlocutory order which
preceded petition for certiorari (R41 S1 in relation to 30 days- record on appeal (Spec Pro, Multiple
R65 yon) Appeals- Expropriation, Partition)
NOTE: Interlocutory orders are non appealable (AM Neypes vs CA

7-7-12-SC)
Fresh Period to Appeal:
Under Summary Procedure, BAWAL ang M4R and
MNT R37 (General Rule) 15 days from denial of M4R/MNT
Exception: If against interlocutory order 30 days from denial of M4R/MNT
2. Motion for New Trial (Rule 37)
- Motion to Rehear a case already decided by

court but before judgment thereon
becomes final and executory,
filed within the period for taking an appeal, to

set aside the judgment or final order order and MTC decisions
grant a new trial based on the ff grounds
materially affecting substantial rights of a party: MTC
M4R
(R37 S1) Under
Rule 37
RTC
1. FAME which ordinary prudence could not
Notice /
have guarded against and by reason of Petition for M4R
Record
which such aggrieved party has probably on Review Under
Appeal under Rule CA Rule 52
been impaired in his right or
under 42
R40
2. Newly discovered evidence which he could (from RTC
decisions in
not, with reasonable diligence, have exercise of
Petition 4
review on
discovered and produced at the trial and appellate
certiorari SC
jurisdiction)
which if presented would probably alter the under
Rule 45
result
SC
3. Reopening of Trial (civil in relation to M4R
criminal procedure- R119 S24) Rule
52
Reopening of the proceedings to avoid miscarriage
of justice
Civil- for reasons of EQUITY
For criminal cases- for reason of admission of

RTC decisions in exercise of original jurisdiction
additional evidence
RTC
4. APPEAL (Rules 40-43, 45)
- from the judgment, order of denial, M4R Notice or CA

Under Record
assignment of errors Rule 37 on appeal
o FINAL ORDER- decision or the under
Rule 41 M4R
denial of M4R or MNT Under
Rule 52 SC
Petition 4
90
review on
certiorari
under
Rule 45
8. When findings of fact are conclusions

without citation of specific evidence on
Notice/Record on Appeal which they are based
In case of Record on Appeal, appellant’s Brief 45
9. When facts set forth in the petition as well
days to file record on appeal
as in the petitioner’s main and reply briefs
are not disputed by respondents
Rule 40 Rule 41 Rule 42 Rule 43 Rule 45

10. when findings of fact of the CA is premised
Memorandu Appellant’ Petition Petition Petition for on supposed evidence and is contradicted
m of appeal s Brief for Review For Review on by evidence on record
Review Certiorari
Notice or Notice or Petition Petition Petition for 11. when certain material facts and
Record on record on for Review for Review on
circumstances which have been overlooked
appeal appeal Review Certiorari
(Appeal?) by the trial court which, if taken into
account, would alter the result of the case
Of MTC Of RTC Of RTC Of quasi Of CA,
decisions Decisions decisions judicial Sandiganbayan in that they would entitle accused to
original appellate bodies , CTA, RTC acquittal
jurisdictio jurisdictio decisions
n n
Questions of Questions Questions Question Questions of REMEDIES AFTER JUDGMENT BECOMES FINAL AND
fact law or of fact law of fact s of fact law EXECUTORY:
both or both law, or law or
both both
1. Petition for relief from Judgment (Rule 38)
To RTC To CA To CA To CA To SC
S1- Petition for relief from judgment, orders, other
proceedings
General Rule: When a judgment or final order is entered, or any

other proceeding is thereafter taken against a party
Finding of fact of CA are final and conclusive and
in any court through FAME, he may file a petition in
cannot be reviewed on appeal to SC:
such court and in the same case praying that the
EXCEPTIONS: SIJGFWVENCO judgment, order, or proceeding be set aside
1. When finding is grounded entirely on - OTHER PROCEEDING INCLUDES:

speculations, surmise, conjecture o Order or writ of execution
o Order dismissing appeal
2. When inference is manifestly absurd,
S2- Petition for relief from denial of appeal
mistaken, or impossible
When judgment or final order is rendered by court in
3. When judgment is premised on a any case, and a party thereto, by FAME, has been
misrepresentation of facts prevented from taking an appeal, he may file a
petition in such court and in the same case and
4. When there is GAD in appreciation of facts praying that the appeal be given due course.
5. When findings of fact are conflicting

6. When CA in making its findings went
Filed within 60 days from knowledge of judgment
beyond the issues of the case and the same
and within 6 months from entry of judgment
is contrary to both the admissions of
appellants and appellees
7. When findings of fact of CA are at variance - Relate to appeal

with those of the trial court, the SC has to o Failure to appeal due to FAME
review the evidence in order to arrive at the
correct findings based on record
91
2. Petition for Annulment of judgment (Rule - remedy afforded by law for the
47) enforcement of a judgment
- object is to obtain satisfaction of the
RTC exclusive original jurisdiction to CA judgment on which the writ is issued
MTC exclusive original jurisdiction to RTC BY MOTION- 5 years
Ground: extrinsic fraud AFTER 5 years
Revival of Judgment- 10 YEARS, by MOTION
Annulment of judgment Execution as a matter of right (R39 S1)

- Remedy in law independent of the case Execution shall issue as a matter of right, on motion,
where the judgment sought to be annulled
was rendered and may be availed of though 1. upon judgment or order that disposes of
the judgment has been executed the action or proceeding
a. upon expiration of period to
appeal therfrom if no appeal has
been duly perfected
Important condition:
NOTE: (rules on motion)
- Petitioner failed to move for MNT, appeal
from, file petition for relief against, or take - ministerial on the part of the court
other appropriate remedies assailing
questioned judgment or final order or IF DENIED, mandamus or appeal is the proper
resolution through no fault attributable to remedy
him
Nature of writ of execution:
R39 S8
S2- Grounds
The writ of execution is issued in the name of RP and
1. Extrinsic or collateral fraud shall state:
2. Lack of jurisdiction over subject matter and
over the person a. Name of court which granted the
motion
b. Case number
3. Certiorari under Rule 65
c. Dispositive portion of the
judgment or order subject of the
execution
4. Collateral Attack d. Shall require the sheriff or other

proper officer to whom it is
directed to enforce the writ
according to its terms
EXECUTION OF JUDGMENT
- Nothing left for the court but to enforce its

decision
Rule: Matter of right on part of winning party
(execution), and court cannot refuse
Execution Except:
92
1. When judgment turns out to be incomplete whether there is good no supervening events
or conditional reason for execution
2. Judgment is novated by parties

S2- Discretionary execution
3. Equitable grounds like change in situation

of the parties which makes execution a. Execution of a judgment or a final order
inequitable pending appeal
On motion of the prevailing party with notice to the

4. Execution is enjoined adverse party filed in the trial court
5. Judgment has become dormant - 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,
6. Execution is unjust or impossible
o at the time of the filing of such
motion, said court may, in its
discretion,
 order execution of a
judgment or final order
When proper to Quash Writ of Execution:
even before the
expiration of the period to
1. Change in situation of parties renders
appeal
execution inequitable
2. Issued against the wrong party After the trial court has lost jurisdiction, the motion
for execution pending appeal may be filed in the
appellate court.
3. Issued without authority
Discretionary execution may only issue upon good
4. Improvidently issued reasons to be stated in a special order after due
hearing.
5. Defective in substance
a. Execution of several, separate, or partial

6. Judgment is already satisfied
judgments
7. Controversy was never submitted to the A several, separate, or partial judgment may be
court executed under the same terms and conditions as
execution of a judgment or final order pending
appeal.
Rule: Dispositive portion of decision is the part that
becomes subject of execution
Except:
Grounds:
1. When there is ambiguity in the dispositive
1. Insolvency of judgment debtor
portion
2. Wastage of asset by judgment debtor
2. Where extensive and explicit discussion and

settlement of the issue is found in the body
of the decision Court may, in its discretion, order an execution
before expiration of the time within which to appeal,
provided,
S2- Discretionary Execution
1. There is motion for execution filed by
Discretionary Execution Execution as a matter of winning party
right
May issue before lapse Period to appeal has
2. There is notice of said motion to the
of period to appeal, and already lapsed, no
even during appeal appeal is perfected adverse party
Discretionary upon the Ministerial duty of the
court; there is inquiry on court provided there are
93
3. There are good reasons stated in a special assignee, or his is the highest bidder in
order after due hearing successor in intereest the public auction
Filed due to lapse of 5 Filed because movant is
year period deprived of property
Supersedeas Bond purchased
- Bond filed by petitioner and approved by

court before the judgment becomes final
and executory and conditioned upon
S6 N/A to:
performance of the judgment appealed
from, in case it be affirmed wholly or in part 1. Judgments for support
2. Contempt orders in unauthorized re-entry
on land by ejected defendant
Remedy in case of execution as matter of discretion, 3. Issuance of writs of possession and
4. Special proceedings and land registration
- CERTIORARI cases
o Interlocutory, without prejudice to
the outcome of appeal
S9- Award of judgments of money, how enforced
S4- Judgments not stayed by appeal 1. Immediate payment on demand

2. Satisfaction by levy
(Exception to general rule) 3. Garnishment of debts and credits
In the following cases: IRASO
1. Injunction Levy
2. Receivership
3. Accounting - Act by which officer sets apart or
4. Support appropriates part of whole property of
5. Other judgments declared to be judgment debtor for purposes of execution
immediately executory unless otherwise sale
ordered by trial court
Garnishment
S6- Execution by motion or independent action
- Act of appropriation by the court when
Modes of enforcement: property of debtor is in the hands of a third
person
1. By motion within 5 years from date of entry
2. By independent action for revival of

Attachment Garnishment
judgment after 5 years from entry and
Refers to corporate Refers to money, stocks,
before it is barred by statute of limitations property in possession of credits, other
which is 10 years from entry under 1144, judgment debtor incorporeal property
NCC which belong to
judgment debtor but is
in the possession or
Revival of judgment S6 Revival of judgment S34 under control of a third
Independent action Carried out through person
filing of a motion in
court
Assumes there is no Assumes that judgment
execution within first 5 is executed within first 5
years years S10- Execution of judgments for specific act
Party who files the Party who files such
action is the judgment motion is not the original 1. Conveyance, delivery of deeds, other
creditor himself, or his judgment creditor but he specific acts vesting title
94
2. Sale of real or personal property 11. Monies, benefits, privileges, annuities

3. Delivery or restitution of real property accruing or in any manner growing out of
4. Removal of improvements on property any life insurance
subject of execution
5. Delivery of personal property 12. Right to receive legal support, or money or
property obtained as such support, or any
pension or gratuity from government
S13- Property Exempt from Execution:

13. Persons specially exempted by law
1. Judgment obligor’s family home as provided
BUT not article or species of articles of property
by law, or the homestead in which he
mentioned in this section shall be exempt from
resides, and the land necessarily used in
execution issued upon a judgment recovered for its
connection therewith
price or upon a judgment of foreclosure of a
mortgage thereon.
2. Ordinary tools and implements personally
used by him in his trade, employment, or
livelihood
S16- Proceedings where property claimed by third
3. 3 horses, 3 cows, 3 carabaos, other beasts person
of burden such as judgment obligor may
select necessarily used by him in his Remedies of 3rd party claimant:
ordinary occupation
1. Summary hearing before court of
competent jurisdiction
4. Necessary clothing and articles for ordinary
personal use, including jewelry
2. Terceria or third party claim filed with
sheriff
5. Household furniture and utensils necessary
for housekeeping, and used for that
3. Action for damages on the bond posted by
purpose by the judgment obligor and his
judgment creditors
family, such as the judgment obligor may
select, of a value not exceeding 100k pesos
4. Independent reivindicatory action
6. Provisions for individual or family use

sufficient for 4 months Terceria
7. Professional libraries and equipment of - A person claiming property levied upon may
judges, lawyers, physicians, pharmacists, execute affidavit of title or right of
dentists, engineers, surveyors, clergymen, possession over the property
teachers, other professionals, not exceeding o Such affidavit must state the
300k pesos in value grounds of such right or title
o The affidavit shall be served upon
8. One fishing boat and accessories not officer making a levy and a copy
exceeding total value of 100k pesos owned thereof must also be served upon
by a fisherman and by the lawful use of the judgment oblige
which he earns his livelihood
Note: Cumulative remedies
9. So much of the salaries, wages, or earnings

of the judgment obligor for his personal
services within the 4 months preceding the Ordinary sale on Sale in judicial
levy as are necessary for support of his execution foreclosure of mortgage
family Need not be confirmed Must be confirmed by
by court court in order to divest
rights in the property of
10. Lettered gravestones
the parties and to vest
the rights in the
purchaser
Right of redemption No right of redemption
95
exists except when mortgagee S35- Remedies of judgment creditor in aid of

is a bank or a banking execution
institution
Title is acquired after Title is acquired upon 1. If execution is returned unsatisfied, he may
expiration of redemption confirmation and cause examination of judgment debtor as to
period when final deed registration of the his property and income
of conveyance is foreclosure sale
executed
2. He may cause examination of debtor of the
judgment debtor as to any debt owed by
him or to any property of the judgment
debtor in his possession
S30- Proof required of redemption
3. If after examination, the court finds
Redemptioner must produce to officer, or person
property of the judgment debtor, either in
from whom he seeks to redeem, and serve with his
his own hands or that of any person, the
notice to the officer:
court may order the property applied to the
1. A copy of the judgment or final order satisfaction of the judgment
certified by the clerk of court wherein the
judgment or final order is entered
A party or other person may be compelled, by order
or subpoena, to attend before the court or
2. If he redeems upon a mortgage or other
commissioner to testify as provided by S36 and S37
lien, a memorandum of the record thereof,
certified by RD, or
4. If court finds the earnings of the judgment
3. An original or certified copy of any debtor are more than sufficient for his
assignment necessary to establish his claim, family’s needs, it may order payment in
or instalments
4. An affidavit executed by him or his agent 5. Court may appoint a receiver for the
showing the amount then actually due on property of the judgment debtor not
the lien exempt from execution or forbid a transfer
or disposition or interference with such
property
S32- Rents, Earnings, Income of property pending
redemption
6. If court finds that the judgment debtor has
Rights of judgment debtor: an ascertainable interest in real property
either as mortgagor, mortgagee or
1. Remain in possession of property otherwise, and his interest can be
ascertained without controversy, the court
2. Cannot be ejected may order the sale of such interest
3. Use the property in the same manner it was 7. If the person alleged to have the property
previously used of the judgment debtor or be indebted to
him, claims an adverse interest in the
4. Make necessary repairs to buildings property or denies the debt, the court may
thereon while he occupies the property authorize judgment creditor to institute an
action to recover the property, forbid is
5. Use it in the ordinary course of business transfer and may punish disobedience for
contempt
6. Collect rents, earnings, and income derived
from the property until expiration of the
period of redemption
S47- Effect of judgment or final order
Res judicata
96
- Bar by former judgment/direct estoppel by

judgment
S48- Effect of foreign judgment or final orders
Conclusiveness of judgment
Public policy principle
- Estoppel by verdict, estoppel by record,
collateral estoppel by judgment or - Judgment by a court is enforceable only
preclusion of issues or rule of auter accion within its territorial jurisdiction
pendent, covers par c
Effect of foreign judgments
- Provided that the tribunal has jurisdiction

Public Policy Principle
- Inalterability of final and executory

1. In case of judgment against a specific thing,
judgment
a. Judgment is conclusive upon title
Decisions of court must be immutable at some to the thing
definite period of time
2. In case of judgment against a person,
a. Judgment is presumptive evidence
of a right as between the parties
Conclusiveness of judgment and their successors in interest by
a subsequent title
- Issues actually and directly resolved in a
former suit cannot again be raised in any
future case between the same parties
involving a different cause of action 2 ways of giving effect to a foreign judgment:
1. Ordinary action to enforce the foreign

judgment may be filed in court or
Bar by former judgment Conclusiveness of
judgment
2. It may be pleaded in an answer or motion
Identity of parties, Identity of parties and
to dismiss
subject matter, causes of subject matter
action
First judgment First judgment is
constitutes absolute bar conclusive only as to In both instances, judgment may be repelled by
to all matters directly matters directly evidence of:
adjudged and those that adjudged and actually
might have been litigated in the first 1. Want of jurisdiction
adjudged action. Second action 2. Want of notice
can be prosecuted 3. Collusion
Has the effect of Has the effect of 4. Fraud
preclusion of claims preclusion only to issues
Effect of foreign judgment:
Law of the case R39 S8
- Refers to the legal conclusions announced The effect of a foreign judgment or final order of a
on a first appeal, whether on the general tribunal of a foreign country, having jurisdiction to
law or the law as applied to the concrete render judgment or final order is as follows:
facts, not only prescribe the duty and limit
the power of the trial court to conduct a. In case of a judgment or final order upon a
obedience and conformity thereto, but they specific thing, the judgment or final order is
become and remain the law of the case in conclusive upon the title to the thing and
all other steps, whether in the lower court
or in the appellate court on a subsequent b. In case of a judgment or final order against
appeal a person, the judgment or final order is
presumptive evidence of a right as between
97
the parties and their successors in interest from exhibiting fully his case by fraud or deception
by a subsequent title practiced on him by his opponent.
In either case, a judgment or final order may be

repelled by evidence of:
Accident
1. Want of jurisdiction
2. Want of notice to a party An event that takes place without one’s foresight or
3. Collusion expectation
4. Fraud
Mistake
5. Clear mistake of law or fact
An incorrect belief held by some concerned about a
LAST NOTES ON CIVIL PROCEDURE
fact involved in a transaction or proceeding, or an
Note latest Rules on ADR (2009) in relation to Rule incorrect opinion about the law which governs the
18 transaction of proceedings
Failure to state a cause Lack of cause of

of action (Rule 16) action(Rule 33)
Excusable negligence
MTD Demurrer to evidence When negligence is caused by failure to receive
notice of the action or trial by a genuine and
Determined on the Based on appreciation of
excusable mistake or miscalculation, by reliance
allegations in the evidence
upon assurance given by those upon whom the party
complaint
had a right to defend, etc.
Curable by amendment Not curable by
amendment
Remedies
plaintiff may ask for
admission of Accion interdictal
supplemental pleading
or amendment to Accion publiciana
conform to evidence
Accion reinvidicatoria
If MTD denied, movant If D2E denied, defendant
shall file answer shall present evidence 3 kinds of recovery of real property
1. Accion interdictal- summary action for

If MTD granted, If D2E granted, dismissal
recovery of physical possession of the
dismissal is without is with prejudice, hence
property where dispossession has lasted for
prejudice, hence refile appeal
more than 1 year; FE or UD
May be invoked in a May be invoked in a D2E
MTD or as an affirmative or MR or appeal 2. Accion publiciana- plenary action for
defense in the answer memorandum recovery of real right of POSSESSION
3. Accion reivindicatoria- action for recovery

of OWNERSHIP
Final Order Interlocutory Order
Berry rule refers to a legal doctrine that was
developed from the case, Berry v. United States, 130
S. Ct. 1139 (U.S. 2010). It is also known as a four-part
test. Under this rule, a defendant seeking a new trial
on newly discovered evidence must show the
following:
Extrinsic Fraud
1.the evidence was newly discovered and unknown
Fraudulent act of the prevailing party in a litigation to a defendant at the time of the trial;
which is committed outside of the trial of the case,
whereby the unsuccessful party has been prevented
98
A motion attacking a pleading or a proceeding shall include all objections

2.the failure to detect the evidence was not a result
then available, and all objections not so included shall be deemed waived.
of lack of due diligence by the defendants;
Single motion rule
3.the evidence is material, not merely cumulative or
impeaching; and "no more than one such motion shall be permitted."
This single motion rule prohibits parties from making
4.the evidence will probably produce an acquittal. successive motions to dismiss a pleading. The rule
bars both repetitive motions to dismiss a pleading ,
However, if the defendant fails to meet one of the
as well as subsequent motions to dismiss that
four factors, the motion for new trial will be denied.
pleading that are based on alternative grounds.
Strategic lawsuit against public participation
This rule is designed to protect a plaintiff from
(SLAPP) refers to an action whether civil, criminal or
repeated, or piece-meal motions.
administrative, brought against any person,
institution or any government agency or local
government unit or its officials and employees, with
the intent to harass, vex, exert undue pressure or Doctrine of non-suited
stifle any legal recourse that such person, institution
or government agency has taken or may take in the Plaintiff failed to appear at pre-trial, Defendant may
enforcement of environmental laws, protection of move to declare the plaintiffs to be non-suited on
the environment or assertion of environmental their complaint and as in default on their
compulsory counterclaim, instead of moving for the
rights.
dismissal of the complaint
Continuing mandamus is a writ issued by a court in
an environmental case directing any agency or
instrumentality of the government or officer thereof
MULTIPLE APPEALS:
to perform an act or series of acts decreed by final
judgment which shall remain effective until THE RATIONALE BEHIND ALLOWING MORE THAN
judgment is fully satisfied. ONE APPEAL IN THE SAME CASE IS TO ENABLE THE
REST OF THE CASE TO PROCEED IN THE EVENT THAT
A SEPARATE AND DISTINCT ISSUE IS RESOLVED BY
Prohibited pleadings or motions in environmental THE COURT AND HELD TO BE FINAL. In this multi-
appeal mode, the probate court loses jurisdiction
cases
only over the subject matter of the appeal but
(a) Motion to dismiss the complaint; retains jurisdiction over the special proceeding from
which the appeal was taken for purposes of further
(b) Motion for a bill of particulars; remedies the parties may avail of. (ATTY. BRIONES
VS. HENSON-CRUZ [2008]).
(c) Motion for extension of time to file pleadings,
except to file answer, the extension not to exceed
fifteen (15) days;
EQUITY OF REDEMPTION VS. RIGHT OF
(d) Motion to declare the defendant in default; REDEMPTION:
(e) Reply and rejoinder; and In relation to mortgage, the right of redemption
exists in extra-judicial foreclosure; while equity of
(f) Third party complaint.
redemption exists only in judicial foreclosure. In
Most Important Witness Rule - limiting the number of witnesses, determining extrajudicial foreclosure, the mortgagor may
the facts to be proved by each witness and fixing the approximate number of
hours per witness; exercise his right of redemption within 1 year from
ONE-DAY EXAMINATION OF WITNESS RULE:
the registration of the sale in the Office of the
Registry of Deeds; while in judicial foreclosure, the
Par. 5(i) of Supreme Court A.M. No. 03-1-09-SC requires that a witness has to
be fully examined in one (1) day only. This rule shall be strictly adhered to mortgagor may exercise his equity of redemption
subject to the courts’ discretion during trial on whether or not to extend the direct
and/or cross-examination for justifiable reasons. On the last hearing day allotted
during the period of not less than 90 days nor more
for each party, he is required to make his formal offer of evidence after the than 120 days from entry of judgment of foreclosure
presentation of his last witness and the opposing party is required to immediately
interpose his objection thereto. Thereafter, the judge shall make the ruling on the or even after the foreclosure sale but before the
offer of evidence in open court. However, the judge has the discretion to allow
the offer of evidence in writing in conformity with Section 35, Rule 132. judicial confirmation of the sale. There is no right of
redemption in judicial foreclosure of mortgage,
The omnibus motion rule embodied in Rule 15, Section 8, of
the Rules of Court reads as follows: Sec. 8. Omnibus motion. — except only if the mortgagee is the Philippine
99
National Bank or any banking institution. Thus, in DISTINCTION BETWEEN

judicial foreclosure of mortgage where the JUDGMENT ON THE PLEADINGS
mortgagee is the Philippine National Bank or any AND SUMMARY JUDGMENT:
Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is
banking institution, there exist both equity of the presence of issues in the Answer to the Complaint. When the Answer fails to tender any issue, that
is, if it does not deny the material allegations in the complaint or admits said material allegations of the
redemption and right of redemption. (HUERTA ALBA adverse party’s pleadings by admitting the truthfulness thereof and/or omitting to deal with them at all,
a judgment on the pleadings is appropriate. On the other hand, when the Answer specifically denies
RESORT V. CA, GR [2000]). the material averments of the complaint or asserts affirmative defenses, or in other words raises an
issue, a summary judgment is proper provided that the issue raised is not genuine.
“A ‘genuine issue’ means an issue of fact

which calls for the presentation of evidence, as
PETITION FOR RELIEF FROM distinguished from an issue which is fictitious or
JUDGMENT: contrived or which does not constitute a
A PETITION FOR RELIEF FROM genuine issue for trial.” (BASBAS VS. SAYSON
JUDGMENT IS NOT AN AVAILABLE [2011]).
REMEDY IN THE COURT OF APPEALS HYPOTHETICAL ADMISSION RULE:
OR THE SUPREME COURT.(PURCON, HYPOTHETICAL ADMISSION RULE:
JR. VS. MRM PHILIPPINES [2008]).
PETITION FOR DECLARATORY WHEN A MOTION TO DISMISS IS FILED,
RELIEF MAY BE TREATED AS A THE MATERIAL ALLEGATIONS OF THE
PETITION FOR PROHIBITION: COMPLAINT ARE DEEMED TO BE
There are precedents for treating a HYPOTHETICALLY ADMITTED. THIS
petition for declaratory relief as one for HYPOTHETICAL ADMISSION, EXTENDS
prohibition if the case has far-reaching NOT ONLY TO THE RELEVANT AND
implications and raises questions that need MATERIAL FACTS WELL PLEADED IN
to be resolved for the public good. The THE COMPLAINT, BUT ALSO TO
Supreme Court has also held that a petition INFERENCES THAT MAY BE FAIRLY
for prohibition is a proper remedy to prohibit DEDUCED FROM THEM. (THE
or nullify acts of executive officials that MUNICIPALITY OF HAGONOY, BULACAN
amount to usurpation of legislative VS. HON. DUMDUM, JR., [2010]).
authority. (DIAZ VS. SEC. OF FINANCE THREE DAY NOTICE RULE:
[2011]). BY THE VERY WORDS OF RULE 15,
A SECOND MOTION FOR NEW SECTION 4 OF THE RULES OF COURT,
THE MOVING PARTY IS REQUIRED TO
TRIAL MAY BE FILED:
SERVE MOTIONS IN SUCH A MANNER
A SECOND MOTION FOR NEW TRIAL
AS TO ENSURE THE RECEIPT THEREOF
BASED ON A GROUND NOT EXISTING
BY THE OTHER PARTY AT LEAST
NOR AVAILABLE WHEN THE FIRST
THREE DAYS BEFORE THE DATE OF
MOTION FOR NEW TRIAL WAS FILED IS
HEARING. The purpose of the rule is to
ALLOWED (Section 5, Rule
prevent a surprise and to afford the adverse
37) (Neypes vs. Court of Appeals,
party a chance to be heard before the
September 14, 2005).
motion is resolved by the trial court. Plainly,
DISTINCTION BETWEEN FINAL the rule does not require that the court
AND INTERLOCUTORY ORDER: receive the notice three days prior to the
The first disposes of the subject matter in hearing date. (Republic vs. Diaz-Enriquez
its entirety or terminates a particular [2013]).
proceeding or action, leaving nothing more THERE IS NO NEED TO FILE A
to be done except to enforce by execution
MOTION FOR EXECUTION FOR AN
what the court has determined, but
the latter does not completely dispose of AMPARO OR HABEAS CORPUS
the case but leaves something else to be DECISION:
decided upon. An interlocutory Since the right to life, liberty and security
order deals with preliminary matters and of a person is at stake, the proceedings
the trial on the merits is yet to be held and should not be delayed and execution of any
the judgment rendered. The test to decision thereon must be expedited as soon
ascertain whether or not an order or a as possible since any form of delay, even
judgment is interlocutory or final is: does for a day, may jeopardize the very rights
the order or judgment leave something to be that these writs seek to immediately protect.
done in the trial court with respect to the The Solicitor General’s argument that the
merits of the case? If it does, the order or Rules of Court supplement the Rule on the
judgment is interlocutory; otherwise, it is Writ of Amparo is misplaced. The Rules of
final. (PAHILA-GARRIDO VS. TORTOGO Court only find suppletory application in
[2011]). an amparo proceeding if the Rules
strengthen, rather than weaken, the
100
procedural efficacy of the writ. As it is, the RELIEF SOUGHT BY THE

Rule dispenses with dilatory motions in view INJUNCTION.
of the urgency in securing the life, liberty or VICARIOUS APPEAL:
security of the aggrieved party. Suffice it to A PARTY'S APPEAL FROM A
state that a motion for execution is
JUDGMENT WILL NOT INURE TO
inconsistent with the extraordinary and
expeditious remedy being offered by
THE BENEFIT OF A CO-PARTY WHO
an amparo proceeding. In fine, the FAILED TO APPEAL; AND AS
appellate court erred in ruling that its AGAINST THE LATTER, THE
directive to immediately release Sherlyn, JUDGMENT WILL CONTINUE TO RUN
Karen and Merino was not automatically ITS COURSE UNTIL IT BECOMES
executory. For that would defeat the very FINAL AND EXECUTORY. TO THIS
purpose of having summary proceedings GENERAL RULE, HOWEVER, ONE
in amparo petitions. Summary EXCEPTION STANDS OUT: WHERE
proceedings, it bears emphasis, are BOTH PARTIES HAVE A
immediately executory without prejudice COMMONALITY OF INTERESTS, THE
to further appeals that may be taken
APPEAL OF ONE IS DEEMED TO BE
therefrom. (BOAC VS. CADAPAN [2011]).
THE VICARIOUS APPEAL OF THE
STIPULATION ON VENUE:
THE EXCLUSIVE VENUE OF MAKATI
OTHER.
CITY, AS STIPULATED BY THE PARTIES DEPOSITION:
AND SANCTIONED BY SECTION 4, RULE THERE IS REALLY NOTHING
4 OF THE RULES OF COURT, CANNOT OBJECTIONABLE, PER SE, WITH A
BE MADE TO APPLY TO THE PETITION PARTY AVAILING OF THE MODES
FOR EXTRAJUDICIAL OF DISCOVERY AFTER OPPOSING
FORECLOSURE FILED BY PARTY HAS RESTED HIS CASE AND
RESPONDENT BANK BECAUSE THE PRIOR TO THE FORMER’S
PROVISIONS OF RULE 4 PERTAIN TO PRESENTATION OF EVIDENCE. TO
VENUE OF ACTIONS, WHICH AN SET THE RECORDS STRAIGHT,
EXTRAJUDICIAL FORECLOSURE IS
DEPOSITIONS MAY BE TAKEN AT
NOT.
ANY TIME AFTER THE INSTITUTION
RES JUDICATA:
OF ANY ACTION, WHENEVER
THE PREVIOUS FINAL
NECESSARY OR CONVENIENT.
JUDGMENT DENYING A PETITION
INDISPENSABLE PARTIES:
FOR DECLARATION OF NULLITY
WHERE THE EJECTMENT SUIT IS
OF THE MARRIAGE ON THE
BROUGHT BY A CO-OWNER,
GROUND OF PSYCHOLOGICAL WITHOUT REPUDIATING THE CO-
INCAPACITY BARS A SUBSEQUENT OWNERSHIP, THEN THE SUIT IS
PETITION FOR DECLARATION OF PRESUMED TO BE FILED FOR THE
NULLITY OF MARRIAGE ON THE BENEFIT OF THE OTHER CO-
GROUND OF LACK OF MARRIAGE OWNERS AND MAY PROCEED
LICENSE. BOTH PETITIONS WITHOUT IMPLEADING THE OTHER
ACTUALLY HAVE THE SAME CO-OWNERS. THE OTHER CO-
CAUSE OF ACTION ALTHOUGH OWNERS ARE NOT CONSIDERED AS
FOUNDED MERELY ON INDISPENSABLE PARTIES TO THE
DIFFERENT GROUNDS. HENCE, A RESOLUTION OF THE CASE. ON THE
PARTY CANNOT EVADE OR AVOID OTHER HAND, WHERE THE CO-
THE APPLICATION OF RES OWNER REPUDIATES THE CO-
JUDICATA BY SIMPLY VARYING OWNERSHIP BY CLAIMING SOLE
THE FORM OF HIS ACTION OR OWNERSHIP OF THE PROPERTY OR
ADOPTING A DIFFERENT METHOD WHERE THE SUIT IS BROUGHT
OF PRESENTING HIS CASE. AGAINST A CO-OWNER, HIS CO-
DOCTRINE OF JUDICIAL OWNERS ARE INDISPENSABLE
STABILITY: PARTIES AND MUST BE
NO COURT CAN INTERFERE BY IMPLEADED AS PARTY-
INJUNCTION WITH THE JUDGMENTS DEFENDANTS, AS THE SUIT
OR ORDERS OF ANOTHER COURT AFFECTS THE RIGHTS AND
OF CONCURRENT JURISDICTION
HAVING THE POWER TO GRANT THE
101
INTERESTS OF THESE OTHER CO- FORCE OR EFFICACY FOR ANY

OWNERS. PURPOSE:
GRAVE ABUSE OF DISCRETION: In contemplation of law, it is non-
is defined as capricious or whimsical existent. Such judgment or order may
exercise of judgment as is equivalent to be resisted in any action or proceeding
lack of jurisdiction. The abuse of whenever it is involved. It is not even
discretion must be patent and gross as to necessary to take any steps to vacate or
amount to an evasion of a positive duty avoid a void judgment or final order; it
or a virtual refusal to perform a duty may simply be ignored. Accordingly, a
enjoined by law, or to act at all in void judgment is no judgment at all. It
contemplation of law, as where the cannot be the source of any right nor of
power is exercised in an arbitrary and any obligation. All acts performed
despotic manner by reason of passion pursuant to it and all claims emanating
and hostility. from it have no legal effect. Hence, it
AMENDMENTS AFTER THE FILING can never become final, and any writ of
OF A RESPONSIVE PLEADING: execution based on it is void: “x x x it
The granting of leave to file may be said to be a lawless thing which
amended pleading is a matter can be treated as an outlaw and slain at
particularly addressed to the sound sight, or ignored wherever and
discretion of the trial court; and that whenever it exhibits its head.”
discretion is broad, subject only to the NEGATIVE PREGNANT:
limitations that theamendments should "If an allegation is not specifically
not substantially change the cause of denied or the denial is a negative
action or alter the theory of the case, or pregnant, the allegation is deemed
that it was not made to delay the admitted." "Where a fact is alleged with
action. Nevertheless, as enunciated some qualifying or modifying language,
in Valenzuela v. Court of Appeals, 416 and the denial is conjunctive, a ‘negative
Phil. 289 (2001) even if the amendment pregnant’ exists, and only the
substantially alters the cause of action qualification or modification is denied,
or defense, such amendment could still while the fact itself is admitted." "A
be allowed when it is sought to serve denial in the form of a negative pregnant
the higher interest of substantial justice; is an ambiguous pleading, since it
prevent delay; and secure a just, speedy cannot be ascertained whether it is the
and inexpensive disposition of actions fact or only the qualification that is
and proceedings. intended to be denied." "Profession of
THE GENERAL RULE IS THAT ALL ignorance about a fact which is patently
THE PETITIONERS OR PLAINTIFFS and necessarily within the pleader's
IN A CASE SHOULD SIGN THE knowledge, or means of knowing as
CERTIFICATE OF NON-FORUM ineffectual, is no denial at all.
SHOPPING. FAILURE TO STATE A CAUSE OF
However, the signature of any of ACTION VS. LACK OF CAUSE OF
the principal petitioners or principal ACTION:
parties,, would constitute a substantial Failure to state a cause of
compliance with the rule on verification action refers to the insufficiency of the
and certification of non-forum shopping pleading, and is a ground for dismissal
should there exist a commonality of under Rule 16 of the Rules of Court. On
interest among the parties, or where the the other hand, lack of cause
parties filed the case as a collective, action refers to a situation where the
raising only one common cause of evidence does not prove the cause of
action or presenting a common defense, action alleged in the pleading. x x x If
then the signature of one of the the allegations of the complaint do not
petitioners or complainants, acting as aver the concurrence of the elements of
representative, is sufficient compliance. cause of action, the complaint becomes
A VOID JUDGMENT OR ORDER HAS vulnerable to a motion to dismiss on the
NO LEGAL AND BINDING EFFECT, ground of failure to state a cause of
action. Evidently, it is not the lack or
102
absence of a cause of action that is a raised in the certiorari proceedings have

ground for the dismissal of the complaint been duly raised and passed upon by the
but the fact that the complaint states no lower court, or are the same as those raised
cause of action. Failure to state a and passed upon in the lower court; (3)
cause of action may be raised at the where there is an urgent necessity for the
earliest stages of an actionthrough a resolution of the question and any further
motion to dismiss, but lack of cause of delay will prejudice the interests of the
action may be raised at any time after Government or of the petitioner, or the
the questions of fact have been resolved subject matter of the action is perishable;
on the basis of the stipulations, (4) where, under the circumstances, a
admissions, or evidence presented.
motion for reconsideration will be useless;
DISMISSALS:
(5) where petitioner was deprived of due
The Court has consistently held that
process and there is extreme urgency for
the affirmative defense of prescription
does not automatically warrant the relief; (6) where, in a criminal case, relief
dismissal of a complaint under Rule 16 from an order of arrest is urgent and the
of the Rules of Civil Procedure. An granting of such relief by the trial court is
allegation of prescription can effectively improbable;(7) where the proceedings in the
be used in a motion to dismiss only lower court are a nullity for lack of due
when the complaint on its face shows process; (8) where the proceedings was ex
that indeed the action has already parte or in which the petitioner had no
prescribed. If the issue of prescription is opportunity to object; and (9) where the
one involving evidentiary matters issue raised is one purely of law or public
requiring a full-blown trial on the merits, interest is involved. (i) where the issue
it cannot be determined in a motion to raised is one purely of law or where public
dismiss. Those issues must be resolved interest is involved. (TANG vs. SUBIC BAY
at the trial of the case on the merits DISTRIBUTION [2010], PERALTA, J).
wherein both parties will be given ample
opportunity to prove their respective EXECUTION OF THE CERTIFICATION
claims and defenses AGAINST FORUM SHOPPING BY
JURISDICTION OVER THE ATTORNEY-IN-FACT IS NOT A
PROVISIONAL REMEDIES: VIOLATION OF THE REQUIREMENT
The Court which grants or issues a THAT THE PARTIES MUST
provisional remedy is the court which PERSONALLY SIGN THE
has jurisdiction over the main action. SAME: (MONASTERIO-PE VS.
This includes an inferior court which TONG, PERALTA, J.).
may grant a provisional remedy in an
action pending within its jurisdiction. The WHEN A COMPLAINT IS DISMISSED
provisional remedy is applied for and WITHOUT PREJUDICE AT THE
granted by the court which has INSTANCE OF THE PLAINTIFF,
jurisdiction over the principal action. PURSUANT TO SECTION 1, RULE 17 OF
A MOTION FOR RECONSIDERATION IS
THE 1997 RULES OF CIVIL PROCEDURE,
A CONDITION SINE QUA NON FOR THE
THERE IS NO NEED TO STATE IN THE
FIULING OF A PETITION FOR
CERTIFICATE OF NON-FORUM
CERTIORARI: Concededly, the settled rule
SHOPPING IN A SUBSEQUENT RE-
is that a motion for reconsideration is a
FILED COMPLAINT THE FACT OF THE
condition sine qua non for the filing of a
PRIOR FILING AND DISMISSAL OF THE
petition for certiorari. Its purpose is to grant
FORMER COMPLAINT. (BENEDICTO VS.
an opportunity for the court to correct any
LACSON [2010], PERALTA, J.).
actual or perceived error attributed to it by
the re-examination of the legal and factual
circumstances of the case. The rule is,
however, circumscribed by well-defined IN CRIMINAL CASES, THE GRANT OF
exceptions, such as (1) where theorder is a DEMURRER IS TANTAMOUNT TO AN
patent nullity, as where the court a quo has ACQUITTAL AND THE DISMISSAL
no jurisdiction; (2) where the questions ORDER MAY NOT BE APPEALED
103
BECAUSE THIS WOULD PLACE THE

ACCUSED IN DOUBLE JEOPARDY.
ALTHOUGH THE DISMISSAL ORDER IS
NOT SUBJECT TO APPEAL, IT IS STILL
REVIEWABLE BUT ONLY
THROUGH CERTIORARI UNDER RULE
65 OF THE RULES OF COURT. (PEOPLE
VS. ATIENZA, 2012, PERALTA, J.).
JURISDICTION OVER THE SUBJECT

MATTER: It is a settled rule that
jurisdiction over the subject matter is
determined by the allegations in the
complaint. It is not affected by the pleas
or the theories set up by the defendant in
an answer or a motion to dismiss.
Otherwise, jurisdiction would become
dependent almost entirely upon the
whims of the defendant. (MEDICAL
PLAZA MAKATI CONDOMINIUM VS.
CULLEN [2013], PERALTA, J.)
INSTANCES WHERE A WRIT OF

EXECUTION MAY BE APPEALED:
1) the writ of execution varies the
judgment; 2) there has been a 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 subject to the
judgment of the court; 5) the terms of the
judgment are not clear enough and there
remains room for interpretation thereof; or
6) it appears that the writ of execution has
been improvidently issued, or that it is
defective in substance, or is issued against
the wrong party, or that the judgment debt
has been paid or otherwise satisfied, or the
writ was issued without
authority. (GENERAL MILLING
CORPORATION-INDEPENDENT LABOR
UNION VS. GENERAL MILLING
CORPORATION, G.R. NO. 183122, JUNE
15, 2011, PEREZ, J.)
104

DEAN TAN NOTES (Repaired)

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Remedial Law Review Notes under Atty Ferdinand Tan

CONSOLIDATED NOTES in CIVIL PROCEDURE

CIVIL PROCEDURE NOTES 2. BP 129 (Judiciary Reorganization Act of

Governed by Governed by Both are

special Procedure actions, Sandiganbayan

May involve Involves the Involves 2 or

- Exercise original jurisdiction over cases

The Supreme Court may review, in an appropriate

Such rules shall (Limits to SC-rule making power):

1. All cases in which constitutionality or

A9A S7 (basis of Rule 64)

CIVIL PROCEDURE PROPER

Rule 39 Concurrent / Confluent / Coordinate

Jurisdiction conferred by law and filed at

Exclusive Original Jurisdiction same case in the same or different judicial

courts shall not take cognizance of a case

1. Over court personnel

A8 S5 P1- (Rule 56)

1. Ambassadors R45 S1- a party desiring to appeal by certiorari from

Appellate Jurisdiction of the Supreme Court:

o Whether or not in aid of its 5. In all matters of probate, testate or

Gross value- assessed value of property of deceased

Appellate Jurisdiction: 7. In all cases not within the exclusive

- RTC jurisdiction, first instance, including (refer to 902-A below)

or organizations registered with MTC

3. exclusive original jurisdiction in all civil

property or any interest therein where In Civil Procedure, SC-CA-RTC-MTC

6. admiralty and maritime cases where the

Summary Procedure: Jurisdiction over plaintiff

Jurisdiction over defendant

Jurisdiction over subject matter

What if, gumitna? 150k?

BUT, below 200k MM, hence, in such case, subject to

To know whether subject to Motion to Dismiss (Rule

Action Cause of Action Right of Action Real Action

Formal Remedial right Action in Personam

Jurisdiction Jurisdiction Jurisdiction

not required required defendant is estate contract both

Probate Action for Action for

Filed in court where R4 S1 or R4 S2 may

Founded on Founded on Founded on Founded on both privity Action directed against

of contract jurisdiction over

Answer (R6 S4)

Pleading in which a defending party sets

Answer to third party complaint In special proceedings

A motion IS NOT A PLEADING Need to be verified, Except when otherwise

Initiatory Pleading Responsive Pleading Instances when verification

General Rule with respect to Barangay Conciliation

14. action to annul a judgment upon a

where the respondent or any of the S417, LGC

1. Lack of jurisdiction over the subject matter

Complaint (R6 S3) 2. Lack of jurisdiction over the person of the

Granted- Refile Actions affecting title to or possession of real

Forcible entry and unlawful detainer actions shall be

EXCEPT: if there exists grave abuse of discretion

Action was filed in the wrong venue: Plaintiff includes:

- Defendant in counter counterclaim be had of an action who shall be joined

Pro Forma Party

Non joinder/Misjoinder of parties- not a ground for

MOTION TO DISMISS on the ground of failure to IF so, remedy:

Requisites: *STATE ALL CAUSES OF ACTION in the PLEADING!

1. Right to relief arises out of the same IF NOT, remedy:

B. The joinder shall not include special civil