RULES OF CIVIL PROCEDURE

RULE 1
Sec. 2. In what courts applicable. These Rules shall apply in all the courts, except as
otherwise provided by the Supreme Court.
Sec. 3. Cases governed. These Rules shall govern the procedure to be observed in actions,
civil or criminal, and special proceedings.
(a) A civil action is one by which a party sues another Ior the enIorcement or protection oI a
right, or the prevention or redress oI a wrong.
A civil action may either be ordinary or special. Both are governed by the rules Ior ordinary civil
actions, subject to the speciIic rules prescribed Ior a special civil action.
(b) A criminal action is one by which the State prosecutes a person Ior an act or omission
punishable by law.
(c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a
particular Iact.
Civil action one by which a party sues another Ior the enIorcement or protection oI a right, or
the prevention or redress oI a wrong
Criminal action one by which the State prosecutes a person Ior an act or omission punishable
by law.
Special proceeding a remedy by which a party seeks to establish a status, a right, or a particular
Iact
Special civil actions are called so because special rules govern.
Sec. 4. In what cases not applicable. These Rules shall not apply to election cases, land
registration, cadastral, naturalization and insolvency proceedings, and other cases not herein
provided Ior, except by analogy or in a suppletory character and whenever practicable and
convenient.
Cases where the Rules apply only by analogy or suppletorily
1. election cases
2. land registration
3. cadastral
4. naturalization and
5. insolvency proceedings, and
6. other cases not herein provided Ior
Sec. 5. Commencement of action. A civil action is commenced by the Iiling oI the original
complaint in court. II an additional deIendant is impleaded in a later pleading, the action is
commenced with regard to him on the date oI the Iiling oI such later pleading, irrespective oI
whether the motion Ior its admission, iI necessary, is denied by the court.
A. Ordinary Civil Actions (Rules 2-5)
Kinds of actions
Real action the subject matter oI the action is real property (e.g. Ioreclosure oI real mortgage)
Personal action the subject matter oI the action is personal property (e.g. Ioreclosure oI chattel
mortgage)
Action in personam the decision is enIorceable only against the parties
Action in rem the decision is enIorceable against the whole world
Action quasi in rem A real action may still be an action in personam.
Rule 2
Section 1. rdinary civil actions, basis of. Every ordinary civil action must be based on a
cause oI action.
Sec. 2. Cause of action, defined. A cause oI action is the act or omission by which a party
violates a right oI another.
CAUSE OF ACTION act or omission by which a party violates a right oI another.
Sec. 3. ne suit for a single cause of action. A party may not institute more than one suit Ior
a single cause oI action.
Sec. 4. $5litting a single cause of action; effect of. II two or more suits are instituted on the
basis oI the same cause oI action, the Iiling oI one or a judgment upon the merits in any one is
available as a ground Ior the dismissal oI the others.
A plaintiII can not split a single cause oI action, but he may join several causes oI action against
the same deIendant, subject to the Iollowing rules:
1. must comply with the rules on joinder oI parties
2. joinder shall not include special civil actions or actions governed by special rules (e.g.
summary procedure)
3. where the causes oI action are between the same parties but pertain to diIIerent venues or
jurisdictions, the joinder may be allowed in the RTC provided
a. one oI the causes oI action Ialls within the jurisdiction oI the RTC court and
b. the venue lies within such RTC
4. where the claims in all the causes oI action are principally Ior recovery oI money, the
aggregate amount claimed shall be the test oI jurisdiction.
RULE 3 - PARTIES TO CIVIL ACTIONS
Section 1. ho may be parties, plaintiff and defendant. Only natural or juridical persons, or
entities authorized by law may be parties in a civil action. The term 'plaintiII may reIer to the
claiming party, the counter-claimant, the cross-claimant, or the third (Iourth, etc.)-party plaintiII.
The term 'deIendant may reIer to the original deIending party, the deIendant in a counterclaim,
the cross-deIendant, or the third (Iourth, etc.)-party deIendant.
Sec. 2. Parties in interest. A real party in interest is the party who stands to be beneIited or
injured by the judgment in the suit, or the party entitled to the avails oI the suit. Unless otherwise
authorized by law or these Rules, every action must be prosecuted or deIended in the name oI the
real party in interest.
Sec. 3. Representatives as parties. Where the action is allowed to be prosecuted or deIended
by a representative or someone acting in a Iiduciary capacity, the beneIiciary shall be included in
the title oI the case and shall be deemed to be the real party in interest. A representative may be a
trustee oI an express trust, a guardian, an executor or administrator, or a party authorized by law
or these Rules. An agent acting in his own name and Ior the beneIit oI an undisclosed principal
may sue or be sued without joining the principal except when the contract involves things
belonging to the principal.
Sec. 4. Spouses as parties. Husband and wiIe shall sue or be sued jointly, except as provided
by law.
Sec. 5. Minor or incompetent persons. A minor or a person alleged to be incompetent, may
sue or be sued, with the assistance oI his Iather, mother, guardian, or iI he has none, a guardian
ad litem.
Rule on permissive joinder oI parties All persons in whom or against whom any right to relieI
in respect to or arising out oI the same transaction or series oI transactions is alleged to exist,
whether jointly, severally, or in the alternative, may join as plaintiIIs or be joined as deIendants
in one complaint, where any question oI law or Iact common to all such plaintiIIs or to all such
deIendants may arise in the action. Misjoinder oI causes oI action is not a ground to dismiss a
case. The proper remedy is to severe the other cause oI action and to try separately. |Rule 6|
Sec. 7. Compulsory foinder of indispensable parties. Parties in interest without whom no Iinal
determination can be had oI an action shall be joined either as plaintiIIs or deIendants.
Indispensable parties parties in interest without whom no Iinal determination can be had oI an
action. Failure to implead an indispensable party is ground to dismiss the case.
Necessary party one who is not indispensable but who ought to be joined as a party iI complete
relieI is to be accorded as to those already parties, or Ior a complete determination or settlement
oI the claim subject oI the action. Failure to implead a necessary party is a waiver oI the claim
against such party. It is not ground to dismiss the case. |Sec. 8|
Sec. 9. Non-foinder of necessary parties to be pleaded. Whenever in any pleading in which a
claim is asserted a necessary party is not joined, the pleader shall set Iorth his name, iI known,
and shall state why he is omitted. Should the court Iind the reason Ior the omission
unmeritorious, it may order the inclusion oI the omitted necessary party iI jurisdiction over his
person may be obtained.
The Iailure to comply with the order Ior his inclusion, without justiIiable cause, shall be deemed
a waiver oI the claim against such party.
The non-inclusion oI a necessary party does not prevent the court Irom proceeding in the action,
and the judgment rendered therein shall be without prejudice to the rights oI such necessary
party.
Sec. 10. Unwilling co-plaintiff. II the consent oI any party who should be joined as plaintiII
can not be obtained, he may be made a deIendant and the reason thereIor shall be stated in the
complaint.
Sec. 11. Misfoinder and non-foinder of parties. Neither misjoinder nor non-joinder oI parties
is ground Ior dismissal oI an action. Parties may be dropped or added by order oI the court on
motion oI any party or on its own initiative at any stage oI the action and on such terms as are
just. Any claim against a misjoined party may be severed and proceeded with separately.
The non-joinder oI a party which does not cause dismissal reIers to necessary parties. Non-
joinder oI an indispensable party is a ground to dismiss the action.
Sec. 12. Class suit. When the subject matter oI the controversy is one oI common or general
interest to many persons so numerous that it is impracticable to join all as parties, a number oI
them which the court Iinds to be suIIiciently numerous and representative as to Iully protect the
interests oI all concerned may sue or deIend Ior the beneIit oI all. Any party in interest shall have
the right to intervene to protect his individual interest.
Requisites oI a Class Suit
1. the subject matter oI the controversy is one oI common or general interest
2. to many persons so numerous it is impracticable to join all as parties
3. a number oI them which the court Iinds to be suIIiciently numerous and representative as
to Iully protect the interests oI all concerned sues or deIends Ior the beneIit oI all
4. Any party in interest shall have the right to intervene to protect his individual interest.

Sec. 13. lternative defendants. Where the plaintiII is uncertain against who oI several
persons he is entitled to relieI, he may join any or all oI them as deIendants in the alternative,
although a right to relieI against one may be inconsistent with a right oI relieI against the other.
Sec. 14. Unknown identity or name of defendant. Whenever the identity or name oI a
deIendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other
designation as the case may require; when his identity or true name is discovered, the pleading
must be amended accordingly.
Sec. 15. Entity without furidical personality as defendant. When two or more persons not
organized as an entity with juridical personality enter into a transaction, they may be sued under
the name by which they are generally or commonly known.
In the answer oI such deIendant, the names and addresses oI the persons composing said entity
must all be revealed.
II the deIendant dies beIore a case may be Iiled
1. Ior recovery oI sum oI money Iile a claim beIore the estate proceedings, where the
creditor will have to present evidence on the validity oI his claim; because the amount
sought to be collected is deIinite
2. Ior recovery oI property Iile a separate case against the executor/administrator; because
the amount oI the claim is unliquidated
3. Ior damages Ior injury Iile a separate case beIore the courts.
II the deIendant dies
1. beIore a case is Iiled
1. Ior recovery oI a sum oI money Iile a claim beIore the estate proceedings, where
the creditor will have to present evidence on the validity oI his claim
2. real action and action Ior damages Iile a separate case against the
executor/administrator
3. aIter a case is Iiled but beIore judgment
1. Ior recovery oI a sum oI money case shall not be dismissed but shall
instead be allowed to continue until entry oI Iinal judgment; the judgment
is then Iiled as a claim in the estate proceedings; decedent`s legal
representative should be substituted Ior the decedent.
2. real action and action Ior damages
1) heirs oI the deceased may be allowed to be substituted, without requiring the
appointment oI an executor or administrator and the court may appoint a guardian ad litem Ior
the minor heirs.
2) II no legal representative appears, the court may order the opposing party, within a
speciIied time, to procure the appointment oI an executor or administrator Ior the estate oI the
deceased and the latter shall immediately appear Ior and on behalI oI the deceased. Priority to in
the appointment to
a) Surviving spouse, or next oI kin
b) one or more oI the principal creditors, iI competent and willing to serve
c) other person as the court may select.
3) in case conIlict oI interest where a creditor being appointed administrator is to
appoint a special administrator where the creditor appointed will have to Iile his own claim
1. aIter judgment but beIore execution
1. Ior sum oI money present the writ oI execution as a claim beIore the probate
court
2. real action and action Ior damages substitute the deIendant with his
administrator or executor, and enIorce the writ against him without going to the
probate court
3. aIter levy on execution (applies only to recovery oI a sum oI money) continue
with the auction sale and the oIIicer making the sale shall deliver the proceeds to
the plaintiII, and account to the executor or administrator Ior any excess.

RULE 5 - UNIFORM PROCEDURE IN TRIAL COURTS
Rules on summary procedure are applicable in the Iollowing cases beIore the MTCs
1. Civil cases
1. Iorcible entry and unlawIul detainer, regardless oI amount oI damages
(compensation Ior use oI property) or unpaid rentals
2. except probate proceedings, civil cases where the total amount oI the plaintiII`s
claim does not exceed P10,000 exclusive oI interest and costs.
3. Criminal cases
1. traIIic violations
2. rental law violations
3. municipal or city ordinances violations
4. damage to property through criminal negligence, where the imposable Iine
does not exceed P10,000
5. penalty not exceeding 6-month imprisonment, or a P1,000 Iine
Exceptions:
1. civil case where the plaintiII`s cause oI action is pleaded in the same complaint with
another cause oI action subject to the ordinary procedure
2. criminal case where the oIIense charged is necessarily related to another criminal case
subject to the ordinary procedure.
Recall that criminal cases that should undergo reconciliation proceedings under the Katarungang
Pambaranggay are oIIenses punishable by not more than 1 year or a Iine not over P5,000
ThereIore nearly all summary procedure criminal cases must go through the Katarungang
Pambaraggay.
Sec. 2. etermination of applicability
Upon Iiling oI the initiatory pleading, the court shall declare whether the case is governed by the
rule on summary procedure.
Civil Cases
Procedure in summary civil cases
1. complaint is Iiled
2. court declares it Ialls under summary procedure
3. may dismiss the case motu proprio; iI not, issue summons
4. deIendant Iiles his answer within 10 days (deIenses and claims not pleaded are waived,
except lack oI jurisdiction over subject matter)
5. answer to counterclaims or cross-claims within 10 days Irom service oI the answer
6. preliminary conIerence not later than 30 days aIter the last answer is Iiled; absence oI
1. plaintiII cause Ior the dismissal oI his complaint; deIendant entitled to judgment
on his counterclaim as iI plaintiII did not Iile an answer to the counterclaim; all
cross-claims dismissed
2. sole deIendant plaintiII shall be entitled to judgment as iI deIendant did not Iile
an answer
3. 1 or some oI many deIendants sued under a common cause oI action who had
pleaded a common deIense no adverse eIIect on the deIense
4. the court issues record oI preliminary conIerence, within 5 days aIter the
termination oI the preliminary conIerence, covering
1. terms oI any amicable settlement
2. stipulations or admissions entered into by the parties
3. Whether, on the basis oI the pleadings and the stipulations and admissions
made by the parties, judgment may be rendered without the need oI Iurther
proceedings, in which event the judgment shall be rendered within 30 days
Irom issuance oI the order
4. material Iacts which remain controverted
5. matters intended to expedite the disposition oI the case.
5. parties shall submit the aIIidavits oI their witnesses and other evidence on the
Iactual issues deIined in the order, together with their position papers, within 10
days issuance oI record oI preliminary conIerence
6. within 30 days aIter receipt oI the last aIIidavits and position papers, or the
expiration oI the period Ior Iiling the same, the court either
1. renders judgment
2. requires clariIication oI certain material Iacts, within 10 days Irom receipt
oI said order; then render judgment within 15 days Irom receipt oI the last
clariIicatory aIIidavits, or the expiration oI the period Ior Iiling the same
A. Pleadings allowed
Allowable pleadings (must all be veriIied)
1. complaint
2. compulsory counterclaims
3. cross-claims in the answer
4. answer
Note that permissive counterclaims and 3
rd
party complaints are not allowed.
Sec. 5. nswer. - Within ten (10) days Irom service oI summons, the deIendant shall Iile his
answer to the complaint and serve a copy thereoI on the plaintiII. AIIirmative and negative
deIenses not pleaded therein shall be deemed waived, except Ior lack oI jurisdiction over the
subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or cross-claims shall be Iiled and served within
ten (10) days Irom service oI the answer in which they are pleaded.
Sec. 6. Effect of failure to answer.
Failure oI the deIendant to answer the court shall render judgment as may be warranted by the
Iacts alleged in the complaint and limited to what is prayed Ior; the court may in its discretion
reduce the amount oI damages and attorney`s Iees claimed Ior being excessive or otherwise
unconscionable.
Note that when the deIendant Iails to answer in summary procedure, the court may motu propio
rule Ior the plaintiII. In ordinary civil actions, the court can do so only upon motion by the
plaintiII to declare the deIendant in deIault and aIter plaintiII supports his claim with evidence.
Sec. 7. Preliminary conference, appearance of parties. - Not later than thirty (30) days aIter the
last answer is Iiled, a preliminary conIerence shall be held. The rules on pre-trial in ordinary
cases shall be applicable to the preliminary conIerence unless inconsistent with the provisions oI
this Rule.
The Iailure oI the plaintiII to appear in the preliminary conIerence shall be a cause Ior the
dismissal oI his complaint. The deIendant who appears in the absence oI the plaintiII shall be
entitled to judgment on his counterclaim in accordance with Section 6 hereoI. All cross-claims
shall be dismissed.
II a sole deIendant shall Iail to appear, the plaintiII shall be entitled to judgment in accordance
with Section 6 hereoI. This Rule shall not apply where one oI two or more deIendants sued under
a common cause oI action who had pleaded a common deIense shall appear at the preliminary
conIerence.
* EIIect oI Iailure to appear at the preliminary conIerence by
1. the plaintiII cause Ior the dismissal oI his complaint; deIendant who appears entitled to
judgment on his counterclaim as may be warranted by the Iacts alleged. All cross-claims
shall be dismissed.
2. the sole deIendant plaintiII entitled to judgment as may be warranted by the Iacts
alleged in his complaint
3. one oI many deIendants sued under a common cause oI action who had pleaded a
common deIense case continues
Sec. 8. Record of preliminary conference. - Within Iive (5) days aIter the termination oI the
preliminary conIerence, the court shall issue an order stating the matters taken up therein,
including but not limited to:
a) Whether the parties have arrived at an amicable settlement, and iI so, the terms thereoI;
b) The stipulations or admissions entered into by the parties;.
c) Whether, on the basis oI the pleadings and the stipulations and admissions made by the
parties, judgment may be rendered without the need oI Iurther proceedings, in which event the
judgment shall be rendered within thirty (30) days Irom issuance oI the order;
d) A clear speciIication oI material Iacts which remain controverted; and
e) Such other matters intended to expedite the disposition oI the case.
Sec. 9. Submission of affidavits and position papers. - Within ten (10) days Irom receipt oI the
order mentioned in the next preceding section, the parties shall submit the aIIidavits oI their
witnesses and other evidence on the Iactual issues deIined in the order, together with their
position papers setting Iorth the law and the Iacts relied upon by them.
Sec. 10. Rendition of fudgment. - Within thirty (30) days aIter receipt oI the last aIIidavits and
position papers, or the expiration oI the period Ior Iiling the same, the court shall render
judgment.
However should the court Iind it necessary to clariIy certain material Iacts, it may, during the
said period, issue an order speciIying the matters to be clariIied, and require the parties to submit
aIIidavits or other evidence on the said matters within ten (10) days Irom receipt oI said order.
udgment shall be rendered within IiIteen (15) days aIter the receipt oI the last clariIicatory
aIIidavits, or the expiration oI the period Ior Iiling the same.
The court shall not resort to the clariIicatory procedure to gain time Ior the rendition oI the
judgment.
Criminal Cases
Summary Procedure in Criminal cases
1. Initiated either by complaint or inIormation (only by inIormation, in Metro Manila and
Chartered cities, except when the oIIense cannot be prosecuted de oIicio)
2. As many copies oI the inIormation or complaint, with aIIidavits oI complainant and his
witnesses, as there are accused plus 2, within 5 days Irom Iiling; otherwise the case may
be dismissed
3. Court declares iI the case is covered by the rule on summary procedure
4. II commenced by complaint and patently without basis or merit, court may dismiss the
case; otherwise, court requires accused to submit his counter-aIIidavit and the aIIidavits
oI his witnesses and any evidence in his behalI
5. Filing and service on prosecution oI deIense`s evidence within 10 days Irom receipt oI
the order
6. prosecution may Iile reply aIIidavits within 10 days aIter receipt oI the counter-aIIidavits
oI the deIense.
7. Court either dismisses the case, or set arraignment and trial
8. II the accused is in custody Ior the crime charged, he shall be immediately arraigned and
iI he enters a plea oI guilty, he shall Iorthwith be sentenced.
9. Preliminary conIerence
1. no admission by the accused shall be used against him unless reduced to writing
and signed by the accused and his counsel
2. parties must maniIest intention to present additional aIIidavits or counter-
aIIidavits as part oI his direct evidence, and it should be allowed by the court;
Iiled and served within 3 days aIter the termination oI the preliminary conIerence;
accused may Iile and serve his counter-aIIidavits within 3 days Irom such service.
3. Trial the aIIidavits submitted by the parties shall constitute the direct
testimonies, subject to cross-examination, redirect or re-cross examination; Iailure
oI aIIiant to testiIy will render his aIIidavit incompetent Ior the oIIeror, but
admissible Ior the opposing party; witnesses must submit aIIidavits beIore
testiIying, except on rebuttal or surrebuttal
4. Accused shall not be arrested, except Ior Iailure to appear when required;
Accused may be released either on bail or recognizance
5. the court renders judgment within 30 days aIter the termination oI trial.
Note that preliminary conIerence is required in both civil and criminal cases.
In criminal cases, there is hearing and actual trial. In civil cases, only the pleadings, aIIidavit,
evidence, and position papers are considered. There is no hearing or trial in summary civil cases.
Only those who have executed aIIidavits may testiIy on the stand, except rebuttal and sur-
rebuttal witnesses.
Sec. 11. ow commenced. - The Iiling oI criminal cases Ialling within the scope oI this Rule
shall be either by complaint or by inIormation: Provided, however, that in Metropolitan Manila
and in Chartered Cities. such cases shall be commenced only by inIormation, except when the
oIIense cannot be prosecuted de oIicio.
The complaint or inIormation shall be accompanied by the aIIidavits oI the complainant and oI
his witnesses in such number oI copies as there are accused plus two (2) copies Ior the court`s
Iiles. II this requirement is not complied with within Iive (5) days Irom date oI Iiling, the case
may be dismissed.
Sec. 12. uty of court. -
(a) If commenced by compliant. - On the basis oI the compliant and the aIIidavits and other
evidence accompanying the same, the court may dismiss the case outright Ior being patently
without basis or merit and order the release oI the accused iI in custody.
(b) If commenced by information. - When the case is commenced by inIormation, or is not
dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together
with copies oI the aIIidavits and other evidence submitted by the prosecution, shall require the
accused to submit his counter-aIIidavit and the aIIidavits oI his witnesses as well as any evidence
in his behalI, serving copies thereoI on the complainant or prosecutor not later than ten (10) days
Irom receipt oI said order. The prosecution may Iile reply aIIidavits within ten (10) days aIter
receipt oI the counter-aIIidavits oI the deIense.
* Ground for motu propio dismissal of criminal case covered by summary procedure initiated by
complaint patently without basis or merit. The court can not dismiss a criminal case outright if
it is commenced by information.
Sec. 13. rraignment and trial. - Should the court, upon a consideration oI the complaint or
inIormation and the aIIidavits submitted by both parties, Iind no cause or ground to hold the
accused Ior trial, it shall order the dismissal oI the case; otherwise, the court shall set the case Ior
arraignment and trial.
II the accused is in custody Ior the crime charged, he shall be immediately arraigned and iI he
enters a plea oI guilty, he shall Iorthwith be sentenced.
Sec. 14. Preliminary conference. - BeIore conducting the trial, the court shall call the parties to a
preliminary conIerence during which a stipulation oI Iacts may be entered into, or the propriety
oI allowing the accused to enter a plea oI guilty to a lesser oIIense may be considered, or such
other matters may be taken up to clariIy the issues and to ensure a speedy disposition oI the
case. However, no admission by the accused shall be used against him unless reduced to writing
and signed by the accused and his counsel. A reIusal or Iailure to stipulate shall not prejudice
the accused.
Sec. 15. Procedure of trial. - At the trial, the aIIidavits submitted by the parties shall constitute
the direct testimonies oI the witnesses who executed the same. Witnesses who testiIied may be
subjected to cross-examination, redirect or re-cross examination. Should the aIIiant Iail to testiIy,
his aIIidavit shall not be considered as competent evidence Ior the party presenting the aIIidavit,
but the adverse party may utilize the same Ior any admissible purpose.
Except on rebuttal or surrebuttal, no witness shall be allowed to testiIy unless his aIIidavit was
previously submitted to the court in accordance with Section 12 hereoI.
However, should a party desire to present additional aIIidavits or counter-aIIidavits as part oI his
direct evidence, he shall so maniIest during the preliminary conIerence, stating the purpose
thereoI. II allowed by the court, the additional aIIidavits oI the prosecution or the counter-
aIIidavits oI the deIense shall be submitted to the court and served on the adverse party not later
than three (3) days aIter the termination oI the preliminary conIerence. II the additional aIIidavits
are presented by the prosecution, the accused may Iile his counter-aIIidavits and serve the same
on the prosecution within three (3) days Irom such service.
Sec. 16. rrest of accused. - The court shall not order the arrest oI the accused except Ior Iailure
to appear whenever required. Release oI the person arrested shall either be on bail or on
recognizance by a responsible citizen acceptable to the court.
Sec. 17. Judgment. - Where a trial has been conducted, the court shall promulgate the judgment
not later than thirty (30) days aIter the termination oI trial.
Sec. 18. Referral to Lupon. - Cases requiring reIerral to the Lupon Ior conciliation under the
provisions oI Presidential Decree No. 1508 where there is no showing oI compliance with such
requirement, shall be dismissed without prejudice and may be revived only aIter such
requirement shall have been complied with. This provision shall not apply to criminal cases
where the accused was arrested without a warrant.
Failure to comply with Katarungang Pambaranggay when required is ground Ior dismissal oI the
complaint, unless the accused was arrested without a warrant.
* !rohibited 5leadings and motions ($ection 19):
1. Motion to dismiss the complaint or to quash the complaint or inIormation, except on the
ground oI lack oI jurisdiction over the subject matter, or Iailure to comply with the
Katarungang Pambaranggay
2. Motion Ior a bill oI particulars
3. MNT, or MIR, or motion Ior opening oI trial
4. Petition Ior relieI Irom judgment
5. Motion Ior extension oI time to Iile pleadings, aIIidavits or any other paper
6. Memoranda
7. Petition Ior certiorari, mandamus, or prohibition against any interlocutory order issued by
the court
8. Motion to declare the deIendant in deIault
9. Dilatory motions Ior postponement
10.Reply
11.Third party complaints
12.Interventions.

Sec. 20. ffidavits. - The aIIidavits required to be submitted under this Rule shall state only Iacts
oI direct personal knowledge oI the aIIiants which are admissible in evidence, and shall show
their competence to testiIy to the matters stated therein.
A violation oI this requirement may subject the party or the counsel who submits the same to
disciplinary action, and shall be cause to expunge the inadmissible aIIidavit or portion thereoI
Irom the record.
* Special requirement Ior aIIidavits under summary procedure: must state only admissible
evidence and show their competence to testiIy on such matters. Otherwise, the oIIering party or
counsel may be subject to disciplinary action and the inadmissible portion is expunged.
Sec. 21. ppeal. - The judgment or Iinal order shall be appealable to the appropriate regional
trial court which shall decide the same in accordance with Section 22 oI Batas Pambansa Blg.
129. The decision oI the regional trial court in civil cases governed by this Rule, including
Iorcible entry and unlawIul detainer, shall be immediately executory, without prejudice to a
Iurther appeal that may be taken thereIrom. Section 10 oI Rule 70 (oI the 1964 Rules oI Court)
shall be deemed repealed.
O Summary decisions are appealable to the RTC. RTC decision in ejectment cases are
immediately executory.

RULES 6 - 11: KINDS OF PLEADINGS
Pleadings are the written statements oI the respective claims and deIenses oI the parties
submitted to the court Ior appropriate judgment.
The complaint is the pleading alleging the plaintiII`s cause or causes oI action. The names and
residences oI the plaintiII and deIendant must be stated in the complaint.
An answer is a pleading in which a deIending party sets Iorth his deIenses.
Defenses
(a) A negative deIense is the speciIic denial oI the material Iact or Iacts alleged in the pleading oI
the claimant essential to his cause or causes oI action.
(b) An affirmative defense is an allegation oI a new matter which, while hypothetically
admitting the material allegations in the pleading oI the claimant, would nevertheless prevent or
bar recovery by him. The aIIirmative deIenses include Iraud, statute oI limitations, release,
payment, illegality, statute oI Irauds, estoppel, Iormer recovery, discharge in bankruptcy, and any
other matter by way oI conIession and avoidance.
A counterclaim is any claim which a deIending party may have against an opposing party.
A compulsory counterclaim is one which, being cognizable by the regular courts oI justice, arises
out oI or is connected with the transaction or occurrence constituting the subject matter oI the
opposing party`s claim and does not require Ior its adjudication the presence oI third parties oI
whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction
oI the court both as to the amount and the nature thereoI, except that in an original action beIore
the Regional Trial Court, the counterclaim may be considered compulsory regardless oI the
amount.
A cross-claim is any claim by one party against a co-party arising out oI the transaction or
occurrence that is the subject matter either oI the original action or oI a counterclaim therein.
Such cross-claim may include a claim that the party against whom it is asserted is or may be
liable to the cross-claimant Ior all or part oI a claim asserted in the action against the cross-
claimant.
Counterclaim is any claim which a deIending party may have against an opposing party
Requirements Ior a compulsory counterclaim:
1. arises out oI or is connected with the transaction or occurrence constituting the subject
matter oI the opposing party`s claim
2. does not require Ior its adjudication the presence oI third parties oI whom the court
cannot acquire jurisdiction.
3. must be within the jurisdiction oI the court both as to the amount and the nature
In an original action beIore the RTC, a counterclaim may be considered compulsory regardless
oI the amount. A permissive counterclaim must also be within the jurisdiction oI the court, and
must not require the presence oI 3
rd
parties over whom the court can not acquire jurisdiction. It
must not be connected with the transaction or occurrence constituting the subject matter oI the
opposing party`s claim, otherwise, it would be a compulsory counterclaim.
Cross-claim is any claim by one party against a co-party arising out oI the transaction or
occurrence that is the subject matter either oI the original action or oI a counterclaim therein.
A reply is a pleading, the oIIice or Iunction oI which is to deny, or allege Iacts in denial or
avoidance oI new matters alleged by way oI deIense in the answer and thereby join or make
issue as to such new matters. II a party does not Iile such reply, all the new matters alleged in the
answer are deemed controverted. II the plaintiII wishes to interpose any claims arising out oI the
new matters so alleged, such claims shall be set Iorth in an amended or supplemental complaint.
A third (Iourth, etc.)-party complaint is a claim that a deIending party may, with leave oI court,
Iile against a person not a party to the action, called the third (Iourth, etc.)-party deIendant, Ior
contribution, indemnity, subrogation or any other relieI, in respect oI his opponent`s claim.
Necessary parties When the presence oI parties other than those to the original action is
required Ior the granting oI complete relieI in the determination oI a counterclaim or cross-claim,
the court shall order them to be brought in as deIendants, iI jurisdiction over them can be
obtained.
RULE 7 - PARTS OF A PLEADING
Significance of counsel`s signature
1. The signature oI counsel constitutes a certiIicate by him that he has read the pleading;
that to the best oI his knowledge, inIormation, and belieI there is good ground to support
it; and that it is not interposed Ior delay.
2. An unsigned pleading produces no legal eIIect. However, the court may, in its discretion,
allow such deIiciency to be remedied iI it shall appear that the same was due to mere
inadvertence and not intended Ior delay.
3. Counsel who deliberately Iiles an unsigned pleading, or signs a pleading in violation oI
this Rule, or alleges scandalous or indecent matter therein, or Iails to promptly report to
the court a change oI his address, shall be subject to appropriate disciplinary action.
Verification aIIidavit by an aIIiant that he has read the pleading and that the allegations therein
are true and correct oI his personal knowledge or based on authentic records.
Note that 'belieI as basis Ior veriIication has been deleted by a 1 May 2000 amendment.
based on 'inIormation and belieI, or upon 'knowledge, inIormation and belieI is not suIIicient
veriIication.
Not all pleadings need to be veriIied.
Certification against forum shopping (applies to initiatory pleadings; de Leon: and also to
petitions Ior review, and petition Ior review on certiorari)
1. that he has not theretoIore commenced any action or Iiled any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best oI his knowledge, no
such other action or claim is pending therein
2. iI there is such other pending action or claim, a complete statement oI the present status
thereoI; and
3. iI he should thereaIter learn that the same or similar action or claim has been Iiled or is
pending, he shall report that Iact within 5 days to the court wherein his aIoresaid
complaint or initiatory pleading has been Iiled
II dismissal oI a case on the ground oI lack oI certiIicate against Iorum shopping is silent, it is
deemed to be without prejudice. II Iorum shopping was willIul and deliberate, dismissal shall be
with prejudice.
RULE 8 - MANNER OF MAKING ALLEGATIONS IN PLEADING
Manner oI making averments oI
1. Fraud or mistake particular
2. malice, intent, knowledge, or other condition oI the mind general
II allegation oI Iraud or mistake is not particular, the remedy is to Iile a bill oI particulars.
Where an action or deIense is based on a document, the substance oI such document be set Iorth
in the pleading and a copy thereoI attached as an exhibit. The opposing party must speciIically
deny such document under oath, otherwise, the genuineness and due execution oI the instrument
shall be deemed admitted.
The rule applies only to 'pleadings, not motions. Hence, an actionable document in a MTD
need not be denied under oath.
Note that even documents on which a deIense is based must be denied under oath. This is an
exception to the rule that all new matters in the answer are deemed controverted by Iailure to Iile
a reply.
When denial under oath oI an actionable document not required
1. the adverse party is not a party to the instrument
2. compliance with an order Ior an inspection oI the original is reIused
Allegations that may be general
1. ultimate Iact, no evidentiary Iacts
2. pertinent provisions oI law on which a deIense relies on
3. conditions precedent
4. capacity or authority to sue and be sued, or legal existence must be averred
5. Malice, intent, knowledge or other condition oI the mind
6. judgment oI another court or tribunal, domestic or Ioreign
7. oIIicial document or oIIicial act
8. denial oI unliquidated damages

Allegations that must be speciIic
1. Questions as to legal existence or capacity to sue and be sued
2. circumstances constituting Iraud or mistake must be stated with particularity
3. substance oI an document on which an action or deIense is based
4. contest oI an actionable document (under oath)
5. denial oI plaintiII`s allegations
6. denial oI usurious interest (under oath)
For an allegation that deIendant is 'without knowledge or inIormation suIIicient to Iorm a belieI
as to the truth oI a material averment made in the complaint to constitute denial, it must be
shown that the deIendant indeed was in no position to know the truth oI the averment in the
complaint. But iI it can be demonstrated that he in Iact was in a position to know, then the denial
is ineIIective and the averment is deemed admitted.
Matters that may be stricken out Irom a pleading
1. sham or Ialse
2. redundant
3. immaterial
4. impertinent
5. scandalous

RULE 9 - EFFECT OF FAILURE TO PLEAD
DeIenses appearing on the complaint which are not waived by Iailure to plead, on which the
court may dismiss the claim:
1. lack oI jurisdiction over the subject matter
2. another action pending between the same parties Ior the same cause (lis pendentia)
3. action is barred by a prior judgment (res adjudicata)
4. Statute oI limitations
Procedure for declaring a defending party in default
1. Iailure to answer within the time allowed
2. motion oI the claiming party
3. notice to the deIending party
4. court declares the deIending party in deIault
5. Court either
1. requires the claimant to submit evidence (may be delegated to the clerk oI court),
or
2. renders judgment granting the claimant such relieI as his pleading may warrant,
which shall not
1) exceed the amount prayed Ior or
2) be diIIerent in kind Irom that prayed Ior nor
3) award unliquidated damages
The court has no authority to motu proprio declare a deIendant in deIault. II the plaintiII does not
move to declare the deIendant in deIault, the court may motu proprio dismiss with prejudice the
action on the ground oI Iailure to prosecute under Rule 17 Sec. 3.
Effects of default
1. deIaulting party still entitled to notice oI subsequent proceedings, but not to take part in
the trial
2. deIaulting party may move to set aside the order oI deIault, provided
1. Iiled at any time aIter notice oI deIault and beIore judgment
2. motion must be under oath
3. proper showing that
1) his Iailure to answer was due to Iraud, accident, mistake or excusable negligence
(FAME), and
2) he has a meritorious deIense
1. When some oI several deIending parties answer and the others Iail to do so, the court
shall try the case against all upon the answers thus Iiled and render judgment upon the
evidence presented.
II Rule 38 is no longer available, then use Rule 47 (Annulment oI udgments or Final Orders and
Resolutions)
Actions where no defaults allowed
1. annulment
2. declaration oI nullity
3. legal separation

RULE 11 - WHEN TO FILE RESPONSIVE PLEADINGS
When response to the following pleadings must be filed
1. main complaint, third or Iourth party complaint within 15 days aIter service oI
summons, unless a diIIerent period is Iixed by the court
2. iI deIendant is a Ioreign private juridical entity and service oI summons is made on the
government oIIicial so designated by law within 30 days aIter receipt oI summons by
the Ioreign entity
3. amended claims
1. 15 days Irom service oI amended complaint, iI amended as a matter oI right
2. 10 days Irom notice oI admission oI amended complaint, iI amended with leave oI
court (An answer earlier Iiled may serve as the answer to the amended complaint
iI no new answer is Iiled)
3. answer, counterclaim or cross-claim within 10 days Irom service
4. supplemental complaint within 10 days Irom notice oI the admitting court order,
unless a diIIerent period is Iixed by the court (answer to the complaint shall serve
as the answer to the supplemental complaint iI no new or supplemental answer is
Iiled).

Grounds to admit an omitted counterclaim or cross-claim by amendment(beIore judgment)
1. oversight
2. inadvertence
3. excusable neglect
4. justice requires

RULE 12 - BILL OF PARTICULARS
Bill oI particulars deIinite statement oI any matter which is not averred with suIIicient
deIiniteness or particularity to enable the adverse party properly to prepare his responsive
pleading.
Procedure in bill of particulars
1. application by an adverse party beIore responding to a pleading, or within 10 days Irom
service oI the reply
2. clerk oI court brings it to the attention oI the court
3. (no hearing necessary) the court either
1. deny it outright
2. grant it outright
3. allow the parties the opportunity to be heard
4. II the motion is granted, the compliance therewith must be eIIected within 10 days
Irom notice oI the order, unless a diIIerent period is Iixed by the court.
5. The bill oI particulars may be Iiled either in a separate or in an amended pleading,
serving a copy thereoI on the adverse party
6. AIter service oI the bill oI particulars or oI a more deIinite pleading, or aIter
notice oI denial oI his motion, the moving party may Iile his responsive pleading
within the period to which he was entitled at the time oI Iiling his motion, which
shall not be less than 5 days in any event.
7. II the order is not obeyed, or in case oI insuIIicient compliance, the court may
order the striking out oI the pleading or the portions thereoI to which the order
was directed or make such other order as it deems just.
8. A bill oI particulars becomes part oI the pleading Ior which it is intended.

RULE 13 - FILING AND SERVICE OF PLEADINGS, 1UDGMENTS AND OTHER
PAPERS
Filing the act oI presenting the pleading or other paper to the clerk oI court.
Service the act oI providing a party with a copy oI the pleading or paper concerned.
1. II any party has appeared by counsel, service should be upon his counsel, unless service
upon the party himselI is ordered by the court.
2. Where one counsel appears Ior several parties, he shall only be entitled to one copy oI
any paper served upon him by the opposite side.
Papers required to be filed and served
1. judgment
2. resolution
3. order
4. pleading subsequent to the complaint
5. written motion
6. notice
7. appearance
8. demand
9. oIIer oI judgment
10.or similar papers
Except court papers, resort to modes other than personal service must be accompanied by a
written explanation why the service or Iiling was not done personally, otherwise it is ground to
consider the paper as not Iiled.
Two ways of filing
1. personally presenting the original copies to the clerk oI court, who shall endorse on the
pleading the date and hour oI Iiling
2. sending the original copies by registered mail, the date oI the mailing as shown by the
post oIIice stamp on the envelope or the registry receipt, shall be considered as the date
oI their Iiling
Note that Iiling may not be by ordinary mail or substituted service. These methods are available
only on service oI papers, not Iiling.
Proof of filing
1. its existence in the record oI the case
2. II it is not in the record, but is claimed to have been Iiled
1. Personally written or stamped acknowledgment oI its Iiling by the clerk oI court
on a copy
2. registered mail by the
1) registry receipt, and
2) aIIidavit oI the person who did the mailing, containing a Iull statement oI
a) the date and place oI depositing the mail in the post oIIice
b) in a sealed envelope
c) addressed to the court
d) with postage Iully prepaid
e) with instructions to the postmaster to return the mail to the sender aIter 10 days iI not
delivered
Four modes of service of papers
1. personal complete upon delivery
2. Registered mail complete upon actual receipt, or aIter 5 days receipt oI Iirst notice oI
the postmaster, whichever is earlier
3. ordinary mail complete upon expiration oI 10 days aIter mailing, unless the court
otherwise provides
4. substituted service complete upon delivery to the clerk oI court
Priorities in personal service of papers
1. leaving it in his oIIice with his clerk or with a person having charge thereoI
2. iI not possible, then by leaving the copy, between 8 a.m. to 6 p.m. at his residence, with a
person oI suIIicient age and discretion then residing therein
Priorities in service by mail of papers
1. registered mail to oIIice, iI known
2. otherwise registered mail to residence, iI known
3. II no registry service is available in the locality oI either the sender or the addressee,
service may be done by ordinary mail.

Requisites for substituted service of papers
1. service can not be made personally or by mail
2. the oIIice and residence oI the party or his counsel being unknown
3. deliver a copy to the clerk oI court
4. with prooI oI Iailure oI both personal service and service by mail (certiIied or sworn copy
oI the notice given by the postmaster to the addressee)
Sec. 13. Proof of service. ProoI oI personal service shall consist oI a written admission oI the
party served, or the oIIicial return oI the server, or the aIIidavit oI the party serving, containing a
Iull statement oI the date, place and manner oI service. II the service is by ordinary mail, prooI
thereoI shall consist oI an aIIidavit oI the person mailing oI Iacts showing compliance with
section 7 oI this Rule. II service is made by registered mail, prooI shall be made by such aIIidavit
and the registry receipt issued by the mailing oIIice. The registry return card shall be Iiled
immediately upon its receipt by the sender, or in lieu thereoI the unclaimed letter together with
the certiIied or sworn copy oI the notice given by the postmaster to the addressee.
RULE 14 - SUMMONS
Contents of a summons
1. names oI the court and parties to the action
2. a direction that the deIendant answer within the time Iixed by these Rules
3. a notice that unless the deIendant so answers, plaintiII will take judgment by deIault and
may be granted the relieI applied Ior.
4. copy oI the complaint and order Ior appointment oI guardian ad litem, iI any
Procedure in summons
1. Iiling oI the complaint and the payment oI the requisite legal Iees
2. the clerk oI court issues the corresponding summons to the deIendants
3. summons served by
1. the sheriII
2. his deputy
3. other proper court oIIicer, or
4. any suitable person authorized by the court issuing the summons, Ior justiIiable
reasons
5. II
1. service has been completed within 5 days Irom service, the server shall
1) serve a copy oI the return, personally or by registered mail, to the plaintiII`s counsel
and
2) return the summons to the clerk who issued it, accompanied by prooI oI service
1. II a summons is returned without being served on any or all oI the deIendants
1) server shall serve a copy oI the return on the plaintiII`s counsel, stating the reasons
Ior the Iailure oI service within 5 days thereIrom
2) the clerk, on demand oI the plaintiII, may issue an alias summons (also iI summons
has been lost)
the rules on summons on defendant who is a
1. resident
1. Present in the Philippines
1) Personal service (Rule 14, Sec. 6)
2) Substituted service (Rule 14, Sec. 7)
3) Publication, but only iI
a) his identity or whereabouts is unknown (Rule 14, Sec. 14), AND
b) the action is in rem or quasi in rem |Citi:en Surety v. Melencio-errera, 38 SCRA
369 (1971)|
1. Absent Irom the Philippines
1) Substituted service (Rule 14, Sec. 7)
2) Extraterritorial service Rule 14, Sec. 16 and 15; action need not be in rem or quasi
in rem |'almonte v. C, 252 SCRA 92 (1996)|}
1. non-resident
1. Present in the Philippines
1) Personal service (Rule 14, Sec. 6)
2) Substituted service (Rule 14, Sec. 7)
1. Absent Irom the Philippines
1) Action in rem or quasi in rem only Extraterritorial service (Rule 14, Sec. 15)
2) Action in personam, and judgment can not be secured by attachment (e.g. action Ior
injunction)
a) wait Ior the deIendant to come to the Philippines and to serve summons then
b) bait the deIendant to voluntarily appear in court (Rule 14, Sec. 20)
c) plaintiII can NOT resort to extraterritorial service oI summons |awasaki Port
Services v. mores, 199 SCRA 230 (1991), and ial Corporation v. Soriano, 161 SCRA 737
(1988)|.
Requisites for service by publication
1. the action is in rem or quasi in rem
2. deIendant`s identity or whereabouts
1. are unknown and
2. cannot be ascertained by diligent inquiry
3. with leave oI court

Requisites for extraterritorial service
1. Either
1. deIendant does not reside and is not Iound in the Philippines, or
2. deIendant ordinarily resides within the Philippines, but who is temporarily out oI
it
3. action either
1. aIIects the personal status oI the plaintiII or
2. relates to, or the subject oI which is, property within the Philippines
1) in which the deIendant has or claims a lien or interest, or
2) in which the relieI demanded consists, wholly or in part, in excluding the deIendant
Irom any interest therein, or
3) belongs to the deIendant and has been attached
1. leave oI court
2. the order shall speciIy a reasonable time, which shall not be less than 60 days aIter notice,
within which the deIendant must answer
Actions in rem or quasi in rem
1. aIIects the personal status oI the plaintiII or
2. relates to, or the subject oI which is, property within the Philippines
1. in which the deIendant has or claims a lien or interest, actual or contingent, or
2. in which the relieI demanded consists, wholly or in part, in excluding the
deIendant Irom any interest therein, or
3. belonging to the deIendant and has been attached
How extraterritorial service oI summons eIIected with leave oI court
1. by personal service out oI the Philippines
2. by publication with copy oI the summons and order oI the court shall be sent by
registered mail to the last known address oI the deIendant, or
3. in any other manner the court may deem suIIicient
1. e.g. service by registered mail where registry return shows actual receipt
|Carriaga, Jr. v. Malaya, 143 SCRA 441 (1986)|
2. must be made outside the Philippines |'almonte v. C, 252 SCRA 92 (1996)|

RULE 16 - MOTION TO DISMISS
Section 1. Grounds. Within the time Ior but beIore Iiling the answer to the complaint or
pleading asserting a claim, a motion to dismiss may be made on any oI the Iollowing grounds:
(a) That the court has no jurisdiction over the person oI the deIending party;
(b) That the court has no jurisdiction over the subject matter oI the claim;
(c) That venue is improperly laid;
(d) That the plaintiII has no legal capacity to sue;
(e) That there is another action pending between the same parties Ior the same cause;
(I) That the cause oI action is barred by a prior judgment or by the statute oI limitations;
(g) That the pleading asserting the claim states no cause oI action;
(h) That the claim or demand set Iorth in the plaintiII`s pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i) That the claim on which the action is Iounded is unenIorceable under the provisions oI the
statute oI Irauds; and
(j) That a condition precedent Ior Iiling the claim has not been complied with.
RULE 17 - DISMISSAL OF ACTIONS
Grounds for dismissal that bar refiling
1. cause oI action is barred by a prior judgment
2. cause oI action is barred by the statute oI limitations
3. claim or demand set Iorth in the plaintiII`s pleading has been paid, waived, abandoned, or
otherwise extinguished
4. claim is unenIorceable under the statute oI Irauds

Grounds to dismiss that the court may invoke motu proprio
1. the action is barred by a prior judgment
2. the action is barred by statute oI limitations
3. no jurisdiction over the subject matter
4. there is another action pending between the same parties Ior the same cause

RULE 18 - PRE-TRIAL
Section 1. hen conducted. AIter the last pleading has been served and Iiled, it shall be the
duty oI the plaintiII to promptly move ex parte that the case be set Ior pre-trial. (5a, R20)
It is now the plaintiII who moves ex parte that the case be set Ior pre-trial.
Sec. 2. Nature and purpose. The pre-trial is mandatory. The court shall consider:
(a) The possibility oI an amicable settlement or oI a submission to alternative modes oI dispute
resolution;
(b) The simpliIication oI the issues;
(c) The necessity or desirability oI amendments to the pleadings;
(d) The possibility oI obtaining stipulations or admissions oI Iacts and oI documents to avoid
unnecessary prooI;
(e) The limitation oI the number oI witnesses;
(I) The advisability oI a preliminary reIerence oI issues to a commissioner;
(g) The propriety oI rendering judgment on the pleadings, or summary judgment, or oI
dismissing the action should a valid ground thereIor be Iound to exist;
(h) The advisability or necessity oI suspending the proceedings; and
(i) Such other matters as may aid in the prompt disposition oI the action.
Grounds for excused absence of a party at the pre-trial
1. valid cause is shown, or
2. a representative appears in his behalI Iully authorized in writing to
1. enter into an amicable settlement
2. submit to alternative modes oI dispute resolution, and
3. enter into stipulations or admissions oI Iacts and oI documents

Distinctions between pre-trial in civil and criminal cases
Civil Pre-trial Criminal Pre-trial
Mandatory Mandatory
Presence oI deIendant and counsel
mandatory
Accused need not be present, but his counsel
must be present, otherwise he may be
sanctioned
Amicable settlement is discussed Amicable settlement is not discussed, unless
the criminal case is covered by summary
procedure
Agreement included in pre-trial order need
not be in writing
Agreements or admissions must be written
and signed by the accused and counsel to be
admissible against him.
Can have proIIer oI evidence ProIIer oI evidence only aIter trial

RULE 21 - SUBPOENA
Subpoena is a process directed to a person requiring him to attend and to testiIy at the hearing or
the trial oI an action, or at any investigation conducted by competent authority, or Ior the taking
oI his deposition. It may also require him to bring with him any books, documents, or other
things under his control, in which case it is called a subpoena duces tecum.
Grounds for quashing a subpoena duces tecum
1. unreasonable and oppressive, or
2. relevancy oI the object does not appear, or
3. the person in whose behalI the subpoena is issued Iails to advance the reasonable cost oI
the production oI the object
4. witness Iees and kilometrage allowed by these Rules were not tendered when the
subpoena was served
Grounds for quashing a subpoena ad testificandum
1. the witness is not bound thereby
2. witness Iees and kilometrage allowed by these Rules were not tendered when the
subpoena was served

RULES 23 - 29: MODES OF DISCOVERY
Kinds of depositions
1. Depositions Pending Actions
2. Depositions BeIore Action or Pending Appeal
3. Interrogatories to Parties
4. Admission by Adverse Party
5. Production or Inspection oI Documents oI Things
6. Physical and Mental Examination oI Persons
The deponent may be examined regarding any matter
1. not privileged, and
2. is relevant to the subject oI the pending action
AIter notice is served Ior taking a deposition by oral examination, upon motion seasonably made
by any party or by the person to be examined and Ior good cause shown, the court in which the
action is pending may make an order that
1. deposition shall not be taken
2. it may be taken only at some designated place other than that stated in the notice
3. it may be taken only on written interrogatories
4. certain matters shall not be inquired into
5. the scope oI the examination shall be held with no one present except the parties to the
action and their oIIicers or counsel
6. aIter being sealed the deposition shall be opened only by order oI the court
7. secret processes, developments, or research need not be disclosed
8. the parties shall simultaneously Iile speciIied documents or inIormation enclosed in
sealed envelopes to be opened as directed by the court
9. any other order which justice requires to protect the party or witness Irom annoyance,
embarrassment, or oppression.
Requisites for a court order to terminate or limit the scope and manner of taking of the
deposition
1. motion or petition oI any party or oI the deponent
2. At any time during the taking oI the deposition
3. showing that the examination is being conducted in bad Iaith or to unreasonably to
annoy, embarrass, or oppress the deponent or party
4. issued by the court in which the action is pending or the RTC oI the place where the
deposition is being taken
II the order made terminates the examination, it shall be resumed thereaIter only upon the order
oI the court in which the action is pending.
Upon demand oI the objecting party or deponent, the taking oI the deposition shall be suspended
Ior the time necessary to make a notice Ior an order.
In granting or reIusing such order, the court may impose upon either party or upon the witness
the requirement to pay such costs or expenses as the court may deem reasonable.
The deposition may be used against any party who
1. was present or represented at the taking oI the deposition, or
2. who had due notice
When deposition may be used
1. At the trial or
2. upon the hearing oI
1. a motion or
2. an interlocutory proceeding
Any deposition may be used by any party Ior the purpose oI contradicting or impeaching the
testimony oI deponent as a witness.
Instances when the deposition of any witness may be used by the adverse party for any
purpose
1. the deponent is a party
2. the deponent, at the time oI taking the deposition, was an oIIicer, director, or managing
agent oI a public or private corporation, partnership, or association which is a party
Instances when the deposition of any witness may be used by any party for any purpose
1. the witness is dead; or
2. the witness resides at a distance more than 100 kilometers Irom the place oI trial or
hearing
3. the witness is out oI the Philippines, unless it appears that his absence was procured by
the oIIeror
4. the witness is unable to attend or testiIy because oI age, sickness, inIirmity, or
imprisonment
5. oIIeror has been unable to procure the attendance oI the witness by subpoena; or
6. upon application and notice, that such exceptional circumstances exist as to make it
desirable, in the interest oI justice and with due regard to the importance oI presenting the
testimony oI witnesses orally in open court, to allow the deposition to be used;
7. iI only part oI a deposition is oIIered in evidence by a party
RULES 30-32: TRIAL
Order of trial the trial shall be limited to the issues stated in the pre-trial order and shall
proceed as Iollows
1. plaintiII shall adduce evidence in support oI his complaint
2. deIendant shall then adduce evidence in support oI his deIense, counterclaim, cross-claim
and third-party complaint
3. third-party deIendant, iI any, shall adduce evidence oI his deIense, counterclaim, cross-
claim and Iourth-party complaint;
4. Iourth-party, and so Iorth, iI any, shall adduce evidence oI the material Iacts pleaded by
them;
5. parties against whom any counterclaim or cross-claim has been pleaded, shall adduce
evidence in support oI their deIense, in the order to be prescribed by the court;
6. The parties may then respectively adduce rebutting evidence only, unless the court, Ior
good reasons and in the Iurtherance oI justice, permits them to adduce evidence upon
their original case; and
7. Upon admission oI the evidence, the case shall be deemed submitted Ior decision, unless
the court directs the parties to argue or to submit their respective memoranda or any
Iurther pleadings.
Exceptions to the order of trial
1. when separate trial oI any claim or issue is ordered
2. court otherwise directs Ior special reasons
3. as determined by the court in case oI several deIendants or third-party deIendants, and so
Iorth, having separate deIenses who appear by diIIerent counsel

RULE 33 - DEMURRER TO EVIDENCE
Distinguish demurrer to evidence in civil and criminal cases
Demurrer to Evidence in Civil Cases Demurrer to Evidence in Criminal Cases
Ground is: Facts and law show no right to
relieI
ground is: InsuIIicient evidence
On motion On motion or motu proprio
II denied he has right to present evidence,
no prior leave oI court required; II granted
but reversed on appeal it is a waiver oI the
right to present evidence
II denied and MTD was Iiled without leave oI
court waiver oI right to present evidence; II
denied and MTD was Iiled with leave oI court
the accused may adduce evidence in his
deIense


RULE 35 - SUMMARY 1UDGMENT
Procedure in summary judgments
1. motion served at least 10 days beIore the time speciIied Ior the hearing
2. any opposing aIIidavits, depositions, or admissions must be served by the adverse party
at least 3 days beIore the hearing
3. hearing
4. judgment sought shall be rendered Iorthwith iI the pleadings, supporting aIIidavits,
depositions, and admissions on Iile, show that
1. except as to the amount oI damages, there is no genuine issue as to any material
Iact and
2. the moving party is entitled to a judgment as a matter oI law.
3. iI judgment is not rendered upon the whole case or Ior all the relieIs sought and a
trial is necessary, the court ascertains what material Iacts
1. exist without substantial controversy, and
2. are actually and in good Iaith controverted
4. Court makes an order speciIying the Iacts that appear without substantial
controversy, including the extent to which the amount oI damages or other relieI
is not in controversy, and directing such Iurther proceedings in the action as are
just.
5. The Iacts speciIied as without substantial controversy shall be deemed
established, and the trial shall be conducted only on the controverted Iacts.

Distinguish between judgment on the pleadings and summary judgment
udgment on the Pleadings Summary udgment
Available only a claimant Available to both claimant and deIending
parties
There is no tender oI issue There is no genuine issue
udgment based on pleadings only udgment based on pleadings, aIIidavits,
depositions, admissions
Motion Ior judgment on the pleadings must
be served at least 3 days prior to the
scheduled hearing
Motion Ior summary judgment must be
served at least 10 days prior to the
scheduled hearing
RULES 37-39 - POST 1UDGMENT
Grounds for new trial Within the period Ior taking an appeal when the Iollowing causes
materially aIIects the substantial rights oI the aggrieved party
1. FAME which ordinary prudence could not have guarded against and by reason oI which
such aggrieved party has probably been impaired in his rights; or
2. Newly discovered evidence, which he could not, with reasonable diligence, have
discovered and produced at the trial, and which iI presented would probably alter the
result.
Grounds for reconsideration Within the same period
1. the damages awarded are excessive
2. the evidence is insuIIicient to justiIy the decision or Iinal order, or
3. the decision or Iinal order is contrary to law

RULES 40-43 - APPEALS
There are 7 modes oI appeal under the Civil Procedure
1. to the RTC Irom the MTC notice oI appeal (Rule 40)
2. to the CA Irom
1. the RTC in its original jurisdiction notice oI appeal (Rule 41)
2. the RTC in its appellate jurisdiction petition Ior review (Rule 42)
3. quasi-judicial agencies petition Ior review (Rule 43)
4. to the SC petition Ior review on certiorari (Rule 45)
5. Annulment oI udgments or Final Orders and Resolutions (Rule 47)
Period to appeal interrupted by MNT or MIR
1. by notice oI appeal within 15 days aIter notice to appellant oI judgment
2. by record on appeal within 30 days aIter notice to appellant oI judgment
No extension oI time to Iile MIR or MNT shall be allowed
Contents oI the notice oI appeal Irom MTC
1. the parties to the appeal
2. the judgment or Iinal order or part thereoI appealed Irom, and
3. the material dates showing the timeliness oI the appeal.
Note that in notice appeal Irom MTC, the court to which the appeal is taken need not be stated.
In notice oI appeal Irom the RTC, the court to which the appeal is taken is required to be stated.
A record on appeal shall be required only in
1. in special proceedings and
2. other cases oI multiple or separate appeals.
Contents oI the record on appeal (same as in appeals Irom RTC)
1. Iull names oI all the parties stated in the caption
2. include the judgment or Iinal order Irom which the appeal is taken
3. in chronological order, copies oI only such related pleadings, petitions, motions and all
interlocutory orders
4. such data as will show that the appeal was perIected on time.
5. II an issue oI Iact is to be raised on appeal, the record on appeal shall include by
reIerence all the related evidence, testimonial and documentary
6. Subject index when the record on appeal exceeds 20 pages

In ejectment judgments, execution is stayed only iI an appeal is made to the RTC, supersedeas
bond is Iiled and rentals continues to be paid pending appeal. Failure to pay rentals means
execution ensues. The amount oI supersedeas bond should be the amount oI back rentals. But
Iurther appeal Irom the RTC to the CA, execution can no longer be stayed.
Cases that go to the SC are by petition Ior review on certiorari. The only instance when a case
can go to the SC on notice oI appeal is in criminal cases where the penalty imposed is reclusion
perpetua, or liIe imprisonment.
From quasi-judicial agencies to the CA, the appeal is by petition Ior review. Appeal by itselI
does not stay execution oI the decision. It is stayed only iI the CA issues a preliminary
injunction.
On pure questions oI law decided by RTC in its original jurisdiction, the appeal is directly to the
SC by petition Ior review on certiorari. Pure questions oI law decided by RTC in its appellate
jurisdiction, the appeal is still to the CA.

Appeal from the RTC (Rule 41)

An appeal may be taken Irom a judgment or Iinal order that completely disposes oI the case, or
oI a particular matter therein when declared by these Rules to be appealable.
No appeal may be taken Irom:
(a) An order denying a motion Ior new trial or reconsideration;
(b) An order denying a petition Ior relieI or any similar motion seeking relieI Irom judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by consent, conIession or compromise on
the ground oI Iraud, mistake or duress, or any other ground vitiating consent;
(I) An order oI execution;
(g) A judgment or Iinal order Ior or against one or more oI several parties or in separate claims,
counterclaims, cross-claims and third-party complaints, while the main case is pending, unless
the court allows an appeal thereIrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or Iinal order is not appealable, the aggrieved
party may Iile an appropriate special civil action under Rule 65.

Period of ordinary appeal
1. within 15 days Irom notice oI the judgment or Iinal order appealed Irom
2. where a record on appeal is required, within 30 days Irom notice oI the judgment or Iinal
order.
The period oI appeal shall be interrupted by a timely motion Ior new trial or reconsideration.
No motion Ior extension oI time to Iile a motion Ior new trial or reconsideration shall be allowed.

Petition for Review from the RTC to the CA (Rule 42
Period to Iile and serve petition Ior review Irom RTC to CA 15 days Irom notice oI the
decision sought to be reviewed or oI the denial oI petitioner`s MNT or MIR; extendible by
another 15 days; Iurther extension oI 15 days only with compelling reason
A party has a Iresh 15 days to Iile a petition Ior review Irom denial oI the MFR or MNT, but
only the remaining period to Iile a notice oI appeal.
The period to Iile a petition Ior review may be extended by the appellate court, but the period to
Iile a notice oI appeal may not be extended by the court a quo.
The period to Iile MNT or MIR is always non-extendible. The period to Iile a notice oI appeal is
also not extendible.|abaluyas v. Jabson, 138 SCRA 46 (1985)| However, a period to Iile a
petition Ior review may be extended by 15 days, and Ior the most compelling reason, another 15
days.
Grounds for motu propio dismissal of the petition for review
1. patently without merit
2. prosecuted maniIestly Ior delay, or
3. the questions raised therein are too unsubstantial to require consideration

Petitions Ior review, whether Irom quasi-
judicial agencies or Irom the RTC
Ordinary appeals
Petitioner has Iresh 15 days Irom notice oI
denial oI MNT or MIR to petition Ior review
Petitioner has only the remainder oI the
original 15 days Irom notice oI denial oI
MNT or MIR to appeal
Period may be extended Non-extendible
Requires certiIicate oI non-Iorum shopping Does not require certiIicate oI non-Iorum
shopping
CA may dismiss motu propio CA has to entertain the appeal


RULE 45 - APPEAL BY CERTIORARI TO THE SUPREME COURT

Findings oI the CA may be reviewed by the SC when:
(a) the conclusion is a Iining grounded entirely on speculations, surmises or conjectures;
(b) the inIerence made is maniIestly mistaken, absurd, or impossible;
(c) there is grave abuse oI discretioin;
(d) the judgment is based on misapprehension oI Iacts;
(e) Iinding oI Iacts are conIlicting;
(I) the CA, in making the Iindings, went beyond the issues oI the case and the same is
contrary to the admissions made;
(g) CA maniIestly overlooked certain relevant Iacts not disputed by the parties and which iI
properly considered would justiIy a diIIerent conclusion


Distinctions between Rule 45 and Rule 65
Rule 45 - Appeal by Certiorari Rule 65 - Special Civil Action for
Certiorari
Only questions oI law may be raised The only question that may be raised is
whether or not the respondent has acted with
grave abuse oI discretion, or acted without or
in excess oI jurisdiction
Required to be Iiled within 15 days Irom
notice oI the judgment or Iinal order or
resolution appealed Irom or oI denial oI
motion Ior new trial or consideration
Must be Iiled not later than 60 days Irom
notice oI the judgment or order or resolution
The parties are the appellants and the
appellees as petitioners and respondents,
respectively
The parties are the aggrieved party and the
respondent, the tribunal exercising judicial
Iunction
Requirements Ior petitions Iiled with the Supreme Court and the Court oI Appeals
1. Petitioner has not commenced any other action or proceeding involving the same issues in the
SC, CA or other tribunal or agency;
2. To the best oI his knowledge, no such action or proceeding is pending beIore the SC, CA or
other tribunal or agency;
3. II there is such other action or proceeding pending, he must state the status oI the same;
4. II he should thereaIter learn that a similar action or proceeding has been Iiled or is pending
beIore the SC, etc., he undertakes to promptly inIorm said courts and such other tribunal or
agency within 5 days thereIrom.
Cases where multiple appeals are allowed:
1. Actions Ior recovery oI property with accounting
2. Eminent domain
3. Foreclosure mortgage
RULE 48 - PRELIMINARY CONFERENCE
Section 1. At any time during the pendency oI a case, the court may call the parties and their
counsel to a preliminary conIerence:
(a) To consider the possibility oI an amicable settlement, except when the case is not allowed by
law to be compromised;
(b) To deIine, simpliIy and clariIy the issues Ior determination;
(c) To Iormulate stipulations oI Iacts and admissions oI documentary exhibits, limit the number
oI witnesses to be presented in cases Ialling within the original jurisdiction oI the court, or those
within its appellate jurisdiction where a motion Ior new trial is granted on the ground oI newly
discovered evidence; and
(d) To take up such other matters which may aid the court in the prompt disposition oI the case.
GROUNDS FOR DISMISSAL OF APPEAL (RULE 50):
(a) Failure oI the record on appeal to show on its Iace that the appeal was taken within the
period Iixed by these Rules;
(b) Failure to Iile the notice oI appeal or the record on appeal within the period prescribed by
these Rules;
(c) Failure oI the appellant to pay the docket and other lawIul Iees as provided in section 4 oI
Rule 41;
(d) Unauthorized alterations, omissions or additions in the approved record on appeal as
provided in section 4 oI Rule 44;
(e) Failure oI the appellant to serve and Iile the required number oI copies oI his brieI or
memorandum within the time provided by these Rules;
(I) Absence oI speciIic assignment oI errors in the appellant`s brieI, or oI page reIerences to the
record as required in section 13, paragraphs (a), (c), (d) and (I) oI Rule 44;
(g) Failure oI the appellant to take the necessary steps Ior the correction or completion oI the
record within the time limited by the court in its order;
(h) Failure oI the appellant to appear at the preliminary conIerence under Rule 48 or to comply
with orders, circulars, or directives oI the court without justiIiable cause; and
(i) The Iact that the order or judgment appealed Irom is not appealable.
Requisites for Motion for New Trial before the CA (Rule 53):
1. Iiled aIter appeal has been perIected and beIore the CA loses jurisdiction.
2. Ground is newly discovered evidence which
1. could not have been discovered prior to the trial in the court below by the exercise
oI due diligence and
2. is oI such a character as would probably change the result.
3. accompanied by aIIidavits showing
1. the Iacts constituting the grounds thereIore; and
2. the newly discovered evidence.
Original cases cognizable before the SC (Rule 56):
1. petitions Ior
1. certiorari
2. prohibition
3. mandamus
4. quo warranto
5. habeas corpus
6. disciplinary proceeding against members oI the judiciary and attorneys, and
7. cases aIIecting ambassadors, other public ministers and consuls
An appeal to the Supreme Court may be taken only by a petition Ior review on certiorari, except
in criminal cases where the penalty imposed is death, reclusion perpetua or liIe imprisonment.
Hence Ior any civil decision by the CA to go to the SC, it must be by pettion Ior review on
certiorari.
Grounds for dismissal of appeal before the SC
1. Failure to take the appeal within the reglementary period;
2. Lack oI merit in the petition;
3. Failure to pay the requisite docket Iee and other lawIul Iees or to make a deposit Ior
costs;
4. Failure to comply with the reauirements regarding prooI oI service and contents oI and
the documents which should accompany the petition;
5. Failure to comply with any circular, directive or order oI the Supreme Court without
justiIiable cause;
6. Error in the choice or mode oI appeal; and
7. The Iact that the case is not appealable to the Supreme court.

PROVISIONAL REMEDIES (RULES 57-61):
1. Preliminary Attachment
Preliminary Attachment a provisional remedy, incidental and ancillary to a principal action or
proceeding, by which the property oI an adverse party is taken into legal custody as a security Ior
the satisIaction oI any judgment that may be recovered by the plaintiII or any proper party, the
granting oI which lies within the sound discretion oI the judge taking cognizance oI the principal
case upon whose existence it depends.
Purpose oI attachment to secure a contingent lien on deIendant`s property until plaintiII can
obtain a judgment and have such property applied to its satisIaction or to make provision Ior
unsecured debts in cases where the means oI satisIaction thereoI are liable to be removed beyond
the jurisdiction or improperly disposed oI or concealed or placed beyond the reach oI creditors.
Kinds of attachment
1. Preliminary attachment given at the beginning or during the pendency oI the action, or
beIore judgment becomes Iinal
2. Final attachment given upon termination oI the case to enIorce or satisIy a Iinal and
executory judgment
Attachment generally reIers to corporeal property in the possession oI a party. Garnishment is a
Iorm oI attachment which reIers to money, stocks, credits or other ncorporeal property which
belongs to the party but is in the possession or under the control oI 3
rd
persons.
Attachment property is attached at any time beIore entry oI judgment. Execution property is
levied aIter entry oI judgment.
Instances upon which attachment may issue
1. In an action Ior the recovery oI a speciIied amount oI money or damages, other than
moral and exemplary, on a cause oI action arising Irom law, contract, quasi-contract,
delict or quasi-delict against a party who is about to depart Irom the Philippines with
intent to deIraud his creditors;
2. In an action Ior money or property embezzled or Iraudulently misapplied or converted to
his own use by a public oIIicer, or an oIIicer or a corporation, or an attorney, Iactor,
broker, agent, or clerk, in the course oI his employment as such, or by any other person in
a Iiduciary capacity, or Ior a willIul violation oI duty;
3. In an action to recover the possession oI property unjustly or Iraudulently taken, detained
or converted, when the property, or any part thereoI, has been concealed, removed, or
disposed oI to prevent its being Iound or taken by the applicant or an authorized person;
4. In an action against a party who has been guilty oI a Iraud in contracting the debt or
incurring the obligation upon which the action is brought, or in the perIormance thereoI;
5. In an action against a party who has removed or disposed oI his property, or is about to
do so, with intent to deIraud his creditors; or
6. In an action against a party who does not reside and is not Iound in the Philippines, or on
whom summons may be served by publication.
2. Preliminary Injunction (Rule 58)
Kinds oI injunction
1. Prohibitory
1. preliminary
2. Iinal
3. Mandatory an order which requires the perIormance oI a particular act or acts
1. Preliminary
2. Iinal
Preliminary Injunction an order granted at any stage oI an action or proceeding prior to the
judgment or Iinal order, requiring a party or a court, agency or a person to reIrain Irom a
particular act or acts. It may also require the perIormance oI a particular act or acts, in which
case it shall be known as a preliminary mandatory injunction.
Grounds for issuance of preliminary injunction
1. the applicant is entitled to the relieI demanded, and the whole or part oI such relieI
consists in restraining the commission or continuance oI the act or acts complained oI, or
in requiring the perIormance oI an act or acts either Ior a limited period or perpetually;
2. the commission, continuance or non-perIormance oI the act or acts complained oI during
the litigation would probably work injustice to the applicant; or
3. a party, court, agency or a person is doing, threatening or is attempting to do, or is
procuring or suIIering to be done, some act or acts probably in violation oI the rights oI
the applicant respecting the subject oI the action or proceeding, and tending to render the
judgment ineIIectual.
Requisites for preliminary injunction or temporary restraining order
1. veriIied application showing Iacts entitling the applicant to the relieI demanded
2. bond conditioned on paying the party enjoined all damages which he may sustain by
reason oI the injunction or temporary restraining order iI the court should Iinally decide
that the applicant was not entitled thereto
3. GR: hearing. Exception: court may issue TRO iI plaintiII may suIIer grave or irreparable
injury
When prior or contemporaneous service of summons is not required
1. summons could not be served personally or by substituted service despite diligent eIIorts
2. the adverse party is a resident oI the Philippines temporarily absent
3. the adverse party is a nonresident oI the Philippines
Stages of injunction
72 hour TRO
1. iI the matter is oI extreme urgency and the applicant will suIIer grave injustice and
irreparable injury
2. issued by executive judge oI a multiple-sala court or the presiding judge oI a single-sala
court
3. issued ex parte, without hearing
4. thereaIter must
1) serve summons and other documents
2) conduct summary hearing to determine whether the TRO shall be extended to 20
days until the application Ior preliminary injunction can be heard
20-day TRO
1. II it shall appear Irom the Iacts shown by aIIidavits or by the veriIied application that
great or irreparable injury would result to the applicant beIore the matter can be heard on
notice
2. II application is included in initiatory pleading
1) Notice oI raIIle shall be preceded, or contemporaneously accompanied, by service
oI summons, together with a copy oI the complaint or initiatory pleading and the applicant`s
aIIidavit and bond, upon the adverse party in the Philippines.
2) RaIIled only aIter notice to and in the presence oI the adverse party or the person to
be enjoined
1. issued with summary hearing (to determine whether the applicant will suIIer great or
irreparable injury) within 24 hours aIter sheriII`s return oI service and/or records are
received by the branch selected by raIIle
2. Within 20-day period court must
- order said party or person to show cause why the injunction should not be granted
- determine whether or not the preliminary injunction shall be granted, and accordingly issue the
corresponding order.
1. including the original 72 hours, total eIIectivity oI TRO shall
1) not exceed 20 days, iI issued by a RTC or MTC
2) not exceed 60 days, iI issued by the CA or a member thereoI
3) until Iuther orders, iI issued by the SC
1. TRO is automatically vacated upon expiration oI the period and without granting oI
preliminary injunction
2. eIIectivity is not extendible without need oI any judicial declaration to that eIIect
3. no court shall have authority to extend or renew the same on the same ground Ior which it
was issued.
4. Preliminary injunction
1. Hearing and prior notice to the party sought to be enjoined
2. II application is included in initiatory pleading
1) Notice oI raIIle shall be preceded, or contemporaneously accompanied, by service
oI summons, together with a copy oI the complaint or initiatory pleading and the applicant`s
aIIidavit and bond, upon the adverse party in the Philippines.
2) RaIIled only aIter notice to and in the presence oI the adverse party or the person to
be enjoined
1. Applicant posts a bond
2. Final injunction
Note that a bond is required only in preliminary injunctions, but is not required in TROs.
AIter lapse oI the 20 day TRO, the court can still grant a preliminary injunction.
Note that irreparable injury is always a requisite in TROs. But in the 72 hour TRO, grave
injustice must also be shown. In the 20 day TRO, the ground is great or irreparable injury.
Paras v. Roura, 163 SCRA 1 (1988) Without a preliminary injunction, a TRO issued by the CA
expires without necessity oI court action.
* Note that TROs issued by the SC are eIIected until Iurther orders.
Grounds for objection to, or for motion of dissolution of, injunction or restraining order
1. upon showing oI insuIIiciency oI the application
2. other grounds upon aIIidavit oI the party or person enjoined
3. appears aIter hearing that irreparable damage to the party or person enjoined will be
caused while the applicant can be Iully compensated Ior such damages as he may suIIer,
and the party enjoined Iiles a counterbond
4. insuIIiciency oI the bond
5. insuIIiciency oI the surety or sureties
1. Receivership (Rule 59)
Receiver an indiIIerent person between the parties to a case, appointed by the court to receive
and preserve the property or Iund in litigation pendente lite, when it does not seem reasonable to
the court that either party should hold it
Purpose oI receivership to preserve, administer, or dispose oI property in litigation, pendente
lite
Instances when receivership may be granted
1. the party applying Ior the appointment oI a receiver has an interest in the property or Iund
which is the subject oI the action or proceeding, and that such property or Iund is in
danger oI being lost, or materially injured unless a receiver be appointed to administer
and preserve it
2. in an action by the mortgagee Ior the Ioreclosure oI a mortgage that the property is in
danger oI being wasted or dissipated or materially injured, and that its value is probably
insuIIicient to discharge the mortgage debt, or that the parties have so stipulated in the
contract oI mortgage;
3. AIter judgment, to preserve the property during the pendency oI an appeal, or to dispose
oI it according to the judgment, or to aid execution when the execution has been returned
unsatisIied or the judgment obligor reIuses to apply his property in satisIaction oI the
judgment, or otherwise to carry the judgment into eIIect;
4. Whenever in other cases it appears that the appointment oI a receiver is the most
convenient and Ieasible means oI preserving, administering, or disposing oI the property
in litigation.
General powers of receiver
1. to bring and deIend, in such capacity, actions in his own name
2. to take and keep possession oI the property in controversy
3. to receive rents
4. to collect debts due to himselI as receiver or to the Iund, property, estate, person, or
corporation oI which he is the receiver
5. to compound Ior and compromise the same
6. to make transIer
7. to pay outstanding debts
8. to divide the money and other property that shall remain among the persons legally
entitled to receive the same
9. to do such acts respecting the property as the court may authorize.
However, Iunds in the hands oI a receiver may be invested only by order oI the court upon the
written consent oI all the parties to the action.
No action may be Iiled by or against a receiver without leave oI the court which appointed him.
2. Replevin (Rule 60)
A party praying Ior the recovery oI possession oI personal property may, at the commencement
oI the action or at any time beIore answer, apply Ior an order Ior the delivery oI such property to
him, in the manner hereinaIter provided
Support Pendente Lite (Rule 61)
Provisions oI the Family Code:
Art. 194. Support comprises everything indispensable Ior sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the Iinancial capacity oI the Iamily.
The education oI the person entitled to be supported reIerred to in the preceding paragraph shall
include his schooling or training Ior some proIession, trade or vocation, even beyond the age oI
majority. Transportation shall include expenses in going to and Irom school, or to and Irom place
oI work. (290a)
Art. 195. Subject to the provisions oI the succeeding articles, the Iollowing are obliged to support
each other to the whole extent set Iorth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children oI the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children oI the
latter; and
(5) Legitimate brothers and sisters, whether oI Iull or halI-blood
Art. 196. Brothers and sisters not legitimately related, whether oI the Iull or halI-blood, are
likewise bound to support each other to the Iull extent set Iorth in Article 194, except only when
the need Ior support oI the brother or sister, being oI age, is due to a cause imputable to the
claimant`s Iault or negligence.