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CIVIL PROCEDURE
RULE 1 GENERAL PROVISIONS
1. Civil action one by which a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong; may be ordinary or special
Criminal action one by which the state prosecutes a person for an act or omission punishable
by law
Special proceeding remedy by which a party seeks to establish a status, a right, or a
particular fact
2. Rules of Court shall !" be applicable to the following, except by analogy or in a suppletory
character, and whenever practicable and convenient
a. #lection cases;
b. $and registration;
c. Cadastral proceedings;
d. aturali%ation proceedings; and
e. &nsolvency proceedings
RULE 2 CAUSE OF ACTION
1. Cause of action an act or omission by which a party violates the right of another
2. R#'(&)&"#) !* +!&,#R !* C-()#) !* -C"&!.
a. "he party /oining the causes of action shall comply with the rules on /oinder of parties;
b. "he /oinder shall !" include special civil action or actions governed by special rules;
c. 0here the causes of action are between the same parties but pertain to different venues or
/urisdiction, the /oinder may be allowed in the R"C provided one of the causes of action falls
within the /urisdiction of the R"C and the venue lies therein;
1. 0here the claims in all the causes of action are principally for recovery of money, the aggregate
amount claimed shall be the test of /urisdiction.
2. 3is/oinder of causes of action !" a ground for dismissal; the action may, on motion or motu
proprio, be severed and proceeded with separately.
RULE 3 PARTIES TO CIVIL ACTIONS
1. C$-&3) "4-" )(R5&5# "4# ,#-"4 !* - 6-R"7.
a. -ctions to recover real and personal property against the estate;
b. -ctions to enforce liens thereon;
c. -ctions to recover for in/ury to persons or property by reason of tort;
d. -ctions to recover money arising from contract, e8press or implied.
2. ,eath of defendant in action on contractual money claims before /udgment of R"C !" ground for
dismissal. -ction continues until entry of final /udgment. -ny /udgment against estate of
deceased will be enforced as money claim. 0rit of preliminary attachment, if any, not dissolved.
1. R#'(&)&"#) !* 6#R3&))&5# +!&,#R !* 6-R"&#).
a. Right to relief arises out of the same transaction or series of transactions, whether /ointly,
severally, or in the alternative;
b. "here is a 9uestion of law or fact common to all the plaintiffs and defendants;
c. )uch /oinder is not otherwise proscribed by the provisions of the Rules on /urisdiction and
venue.
2. R#'(&)&"#) !* - C$-)) )(&".
a. )ub/ect matter of the controversy is one of common or general interest to many persons;
b. 6arties affected are so numerous that it is impracticable to bring them all to the court;
c. 6arties bringing the class suit are sufficiently numerous or representative of the class and have
the legal capacity to file the action.
:. "R-)*#R !* &"#R#)"
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-ction may be continued by or against the original party, unless the court, on motion, directs
the transferee to be substituted in the action or /oined with the original party; however, if
transfer is made before commencement of the action, the transferee must necessarily be the
party, since only he is the real party in interest.
RULE 4 VENUE OF ACTIONS
* Uniform rule on venue in RTC and MTC
1. 5#(# !* R#-$ -C"&!) in the proper court which has /urisdiction over the area wherein
real property involved or a portion thereof is situated.
2. 5#(# *!R *!RC&;$# #"R7 -, ,#"-&#R -C"&!) in the 3"C of the municipality or city
wherein the real property or a portion thereof is situated.
1. 5#(# !* 6#R)!-$ -C"&!) where the plaintiff or any of the principal plaintiffs resides, or
where the defendant or any of the principal defendants resides, or in the case of a non<resident
defendant where he may be found, at the election of the plaintiff.
!T"# =residence> means place where party actually resides at time of action; does !" mean
permanent home or domicile.
2. -ction against non<resident not found in the 6hilippines
-. -C"&! -**#C") "4# 6$-&"&**?) 6#R)!-$ )"-"() < in the court of the place where the
plaintiff resides.
;. -C"&! -**#C") -7 6R!6#R"7 !* "4# ,#*#,-" & "4# 64&$&66&#) < where the
property or any portion thereof is situated or found.
:. Rules on 5enue shall !" apply.
a. &n those case where a specific rule or law provides otherwise @e.g.$ civil case for damages in
cases of libel, where -rticle 1AB of R6C provides specific rules on venueC; !R
b. 0here the parties have validly agreed & 0R&"&D before the filing of the action on the
#EC$()&5# venue thereof.
&n this instance, the action can only be filed in the place agreed upon even if the other
place is the place of residence of the parties or the location of the real property involved.
R ULE 5 UNIFORM PROCEDURE IN TRIAL COURTS
1. "he procedure in the 3"Cs shall be the same as that in the R"C.
2. (niform 6rocedure shall !" be applicable.
a. 0here a particular provision e8pressly or impliedly applies only to either of said courts.
b. &n civil cases governed by the Rule on )ummary 6rocedure.
RULE 6 KINDS OF PLEADINGS
1. egative %efense specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his cause of action.
2. &ffirmative defense an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him. &ncludes.
a. *raud
b. )tatute of limitations
c. Release
d. 6ayment
e. &llegality
f. )tatue of frauds
g. #stoppel
h. *ormer recovery
i. ,ischarge in bankruptcy
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/. -ny other matter by way of confession or avoidance.
1. Compulsory counterclaim R#'(&)&"#).
a. -rises out of or is necessarily connected with the transaction or occurrence which is the
sub/ect matter of the opposing party?s claim;
b. ,oes not re9uire for its ad/udication the presence of 1
rd
parties of whom the court cannot
ac9uire /urisdiction; and
c. 3ust be within the /urisdiction of the court both as to the nature and the amount, except that in
an !R&D&-$ action in the R"C, the counterclaim may be considered regardless of the
amount.
&gustin vs. 'acalang
- court @if 3"CC has no /urisdiction to hear and determine a set<off or counterclaim
in e8cess of its /urisdiction. - counterclaim beyond the court?s /urisdiction may only be
pleaded by way of defense, the purpose of which is to defeat or weaken the plaintiff?s claim,
but !" to obtain affirmative relief. 3!R#!5#R, the amount of /udgment obtained by the
defendant on appeal cannot e8ceed the /urisdiction of the court in which the action began.
)ince the trial court did not ac9uire /urisdiction over the counterclaim in e8cess of the
/urisdictional amount, the appellate court likewise did not have /urisdiction over the same. &n
such a case, the award in e8cess of the /urisdiction of the trial court is void.
Calo vs. &(ax
- counterclaim, even if otherwise compulsory, but amount e8ceeds the /urisdiction
of the inferior court, will only be considered permissive. 4ence, fact that it is not set<up in the
inferior court will not bar plaintiff from instituting a separate action to prosecute it.
RULE 7 PARTS OF A PLEADING
1. *!R3-$ R#'(&R#3#") !* 6$#-,&D).
a. Caption
b. "itle
c. ;ody divided into headings and paragraphs
d. ;ody divided into headings and paragraphs
e. )ignature and address
f. 5erification in some cases
2. )ignature of the lawyer constitutes a certification by him that.
a. 4e has read pleading
b. "o the best of his knowledge, information, and belief, there is good ground to support it
c. &t is not interposed for delay.
1. 4!0 - 6$#-,&D &) 5#R&*&#,. ;y an affidavit stating that
a. -ffiant @person verifyingC has read the pleading
b. -llegations therein are true and correct as of his personal )nowledge or based on authentic
records. @)C Circular 2F<2BBB, effective 3ay 1, 2BBBC
2. - pleading re9uired to be verified which.
a. Contains a verification based on =information and belief>, !R
b. Contains a verification based on =knowledge, information and belief,> !R
c. $acks a proper verification
)hall be treated as an unsigned pleading.
5. 0hat pleadings have to be verified.
a. 6etition for relief from /udgment @1F.1C
b. -ppeal by certiorari from C- to )C @2:.1C
c. Complaint with prayer for preliminary attachment @:G. 1C
d. Complaint for in/unction @:F.2C
e. Complaint for replevin @AB.2C
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f. 6etition for certiorari @A:.1C
g. 6etition for prohibition @A:.2C
h. 6etition for mandamus @A:.1C
i. Complaint for forcible entry or unlawful detainer @GB.2C
/. 6etition for appointment of general guardian @H1.2C
k. 6etition for leave to sell or encumber property of estate or guardian @H:.1C
l. 6etition for declaration of competency of the ward @HG.1C
m. 6etition for habeas corpus @1B2.1C
n. 6etition for change of name @1B1.2C
o. 6etition for voluntary dissolution of a corporation @1B2.1C
p. 6etition for cancellation or correction of entries in the civil registry @1BF.1C
9. 6etition to take deposition in perpetuam rei memoriam @before action or pending appealC
@22.2C
r. 3otion to set aside a default order of an inferior court
s. 3otion for dissolution of preliminary in/unction on the ground of irreparable damage to the
movant while the adverse party can be fully compensated
t. 6etition for appointment of receiver
u. 6etition for review of the decision of an R"C in cases within the e8clusive original
/urisdiction of the inferior court, by and elevated to the C-.
v. 6leadings that need not be verified but must be under oath.
w. ,enial of the genuineness and due e8ecution of an actionable document @F.FC
8. ,enial of allegations of usury @F.11C
y. -nswer to written interrogatories @2:.2C
%. -nswer to re9uest for admission @2A.2C
aa. otice of appeal from administrative tribunals to the C-
A. )upporting affidavits of merit re9uired.
a. 3otion to postpone for absence of evidence @1B.1C
b. 3otion to postpone for illness of a party or counsel @1B.2C
c. 3otion for summary /udgment or opposition thereto @1:.1,2,1,:C
d. 3otion for new trial on the ground of *-3# or opposition thereto @1G.2C
e. 6etition for relief from /udgment @1F.1C
f. "hird<party claim @1H.1AC
g. 6roof re9uired of a redemptioner @1H.1BC
h. 3otion for preliminary attachment @:G.1C
i. 3otion for dissolution of preliminary in/unction @:F.AC
/. -pplication for writ of replevin @AB.2C
k. Claim against the estate of the decedent @FA.HC
l. 3otion for new trial based on newly discovered evidence in criminal cases @121.2C
G. C#R"&*&C-"&! -D-&)" *!R(3<)4!66&D. 6laintiff or principal party shall certify under oath in
the complaint or other initiatory pleading or in a sworn certification anne8ed and filed therewith.
a. "hat he has not commenced any action or filed any claim involving the same issues in any
court, tribunal or 9uasi</udicial agency; to the best of his knowledge no such other claim or
action pending;
b. &f there is such other pending action, a complete statement of the present status thereof;
c. &f he should thereafter learn that same or similar action or claim is filed or pending, he shall
report the same within : days therefrom to the court where he filed his complaint.
!T"# *-&$(R# "! C!36$7 !" C(R-;$# ;7 3#R# -3#,3#" !* "4#
C!36$-&" !R 6$#-,&D ;(" )4-$$ ;# C-()# *!R ,&)3&))-$ !* "4# C-)#
0&"4!(" 6R#+(,&C#; &* "4# -C") !* 6-R"7 !R C!()#$ C$#-R$7 C!)"&"("#
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0&$$*($ I ,#$&;#R-"# *!R(3 )4!66&D, DR!(, *!R )(33-R7 ,&)3&))-$
0&"4 6R#+(,&C# -, C!)"&"("# ,&R#C" C!"#36".
*or *orum<)hopping to e8ist, there must be.
i. )ame transactions involved;
ii. )ame essential facts and circumstances; and
iii. -ctions raise identical cause of action, sub/ect matter, and issues
RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS
1. -llegations of capacity
a. Capacity of party to sue or be sued or the authority of a party to sue or be sued in a
representative capacity or the legal e8istence of an organi%ed association that is made a party
must be averred;
b. "o raise an issue as to the legal e8istence of a party or the capacity of a party in a
representative capacity, do so by specific denial, including such supporting particulars as are
peculiarly within the pleader?s knowledge.
2. -ction or defense based on document
a. )ubstance of such document set forth in the pleading;
b. !riginal or copy attached to the pleading as e8hibit and deemed to be part of the pleading; !R
c. Copy may be set forth in the pleading with like effect.
3. 4ow to contest actionable document. Denuineness and due e8ecution of instrument deemed
admitted unless adverse party.
a. )pecifically denies them under oath;
b. )ets forth what he claims to be the facts.
Re9uirement of an oath does !" apply.
i. 0hen diverse party does not appear to be a party to the instrument; or
ii. 0hen compliance with an order for an inspection of the original instrument is refused.
-dmission of genuineness and due e8ecution.
i. 6arty whose signature appears admits that he signed it, or that it was signed by another
with his authority
ii. 0as in words and figures as set out at the time it was signed
iii. ,ocument was delivered
iv. -ny formal re9uisites re9uired by law which it lacks are waived by him
"he following defenses are cut<off by admission of genuineness and due e8ecution of the
document.
i. )ignature is a forgery
ii. )ignature is unauthori%ed
iii. Corporation is not authori%ed under its charter to sign the instrument
iv. 6arty charged signed the instrument in some other capacity than that alleged in the
pleading setting it out
v. ,ocument was never delivered.
4. )6#C&*&C ,#&-$
a. ,efendant must specify each material allegation of fact the truth of which he does not admit;
b. ,efendant must set forth the substance of the matters upon which he relies to support his
denial, whenever practicable;
c. &f denying only part of an averment, he shall specify so much of it as is true and material and
shall deny the remainder;
d. &f defendant does not have knowledge or information sufficient to form a belief as to the truth
of a material averment, he shall so state and this has effect of denial.
egative pregnant a denial which at the same time involves an admission of the
substantial facts in the pleading responded to.
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:. -llegations not specifically denied, other than those as to amount of unli9uidated damages deemed
admitted.
RULE 9 EFFECT OF FAILURE TO PLEAD
1. Deneral Rule. ,efenses and ob/ections not pleaded in answer or motion to dismiss are deemed
waived @!mnibus 3otion RuleC.
"xception# Court shall dismiss the claim, even without allegation in answer or motion to dismiss,
if any of the following appear from the pleadings or the evidence on record.
a. $ack of /urisdiction over the sub/ect matter;
b. *itis pendentia between same parties for the same cause;
c. Res (udicata
d. -ction barred by statute of limitations.
2. ,#C$-R-"&! !* ,#*-($"
a. ,efendant entitled to notice of motion to declare him in default and of order of default;
b. 3otion to set aside order of default may be filed after notice and before /udgment;
c. 6arty may make motion, under oath, to set aside order of default upon proper showing that
failure to answer was due to *-3#;
d. #ffect of order of default party in default entitled to notice of subse9uent proceedings but
not to take part in trial;
e. 6artial default if several defending parties and not all in default, the court shall try the case
against all upon the answers thus filed and evidence presented;
f. -fter declaration of default, court may render /udgment on the basis of the complaint or
re9uire claimant to submit evidence;
g. +udgment against party in default shall not e8ceed the amount or differ in kind from that
prayed for nor award unli9uidated damages;
h. o defaults in action for annulment or declaration of nullity of marriage or for legal
separation.
RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS
1. -mendments of pleadings may be made once as a matter of right.
a. -t any time before responsive pleading is served
b. &n the case of a reply, anytime within 1B days after service.
6laintiff may amend complaint as a matter of right even after defendant files a 3otion to
,ismiss, since the same is not a =responsive pleading.>
2. )ubstantial amendments may be made only with leave of court, except as provided above.
3. -n amended pleading supersedes the pleading that it amends but admissions in superseded
pleadings may be received in evidence against the pleader. @!" /udicial admissions anymore;
thus, must be formally offeredC
4. Claims and defenses alleged in original but not incorporated in the amended pleading shall be
deemed waived.
:. -mended and )upplemental pleadings distinguished.
AMENDED SUPPLEMENTAL
Refers to facts e8isting at the time of the
commencement of the action
Refers to facts arising after the filing of the original
pleading
Results in the withdrawal of the original pleading 3erely an addition, and does !" result in the
withdrawal of, the original pleading
Can sometimes be made as a matter of right -lways filed with leave of court
RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS
1. -nswer to complaint 1: days from service, unless different period fi8ed by the courts;
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2. -nswer of defendant foreign private /uridical entity when service of summons is made on the
government official designated by law, answer to be filed within 1B days from receipt of summons
by such entity.
3. -nswer to amended complaint if amended as a matter of right, 1: days from being served with
copy thereof
&f amended not as a matter of right, 1B days from notice of order admitting the same
-nswer earlier filed may be answer to amended complaint, if no new answer is filed
-pplicable to amended counterclaim, cross, third, etc,
4. -nswer to counterclaim or cross<claim within 1B days from service.
5. -nswer to 1
rd
party complaint 1: days from service
6. Reply may be filed within 1B days from service of the pleading responded to
RULE 12 BILL OF PARTICULARS
1. ;ill of particulars
a. 6eriod of filing motion before responding to a pleading; if pleading is a reply, within 1B
days from service thereof;
b. !rder for bill must be complied with in 1B days from notice !R period fi8ed by court
c. -fter service of bill or denial of motion party has balance of time he was entitled to file
responsive pleading, but not less than : days
3otion for ;ill of 6articulars may !" call for matters which form part of the proof of the
complaint. "hus, motion should not be granted if the complaint, while not very definite,
nonetheless already states a sufficient cause of action.
RULE 13 FILING AND SERVICE OF PLEADINGS, 1UDGMENTS AND OTHER PAPERS
1. Jinds of service of pleadings.
a. 6ersonal service to be done whenever practicable @3ost preferred modeC
b. )ervice by mail @ordinary if no registered mailC
c. )ubstituted service @delivering copy to clerk of court with proof of failure of 1
st
2 modesC
"xcept with respect to papers emanating from the court, a resort to other modes must be
accompanied by a written e8planation why the service or filing was not done personally.
5iolation of rule may be cause to consider the paper as not filed.
2. Jinds of service of final orders.
a. 6ersonal
b. Registered mail
c. 6ublication @if summons by publicationC
1. 6roof of personal service
a. 0ritten admission of party served;
b. !fficial return of the server; or
c. -ffidavit of party serving, containing a full statement of the date, place and manner of service.
RULE 14 SUMMONS
1. Contents of summons
a. )igned by the clerk under the seal of the court
b. ame of the court and that parties to the action
c. ,irection that the defendant answer within the time fi8ed by these rules
d. otice that unless defendant so answers, plaintiff will take /udgment by default
2. Jinds of service of summons.
-. 6#R)!-$.
i. 4anding a copy to the defendant in person; !R
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ii. &f he refuses to receive and sign for it, by tendering it to him
;. )(;)"&"("#,.
i. $eave copies at his residence, with person of suitable age and discretion residing therein;
!R
ii. $eave copies at defendant?s officeKregular place of business, with competent person in
charge thereof.
c. ;y publication
3. ;y whom served.
a. )heriff
b. !ther proper court officer
c. -ny suitable person specially authori%ed by the /udge
4. 0hen e8traterritorial service allowed.
a. ,efendant is a non<resident and is not found in the 6hilippines and action affects plaintiff?s
personal status
b. )ub/ect of action is property within the 6hilippines in which the defendant has or claims a lien
or interest
c. 0here relief demanded consists in whole or in part in e8cluding the defendant from any
interest in such property
d. 0hen property of defendant has been attached within the 6hilippines
5. Jinds of e8tra territorial service
a. 6ersonal service
b. 6ublication and summons sent by registered mail to last known address
c. -ny other matter the court may deem sufficient
6. 0hen service by publication in a newspaper of general publication allowed.
a. &dentity of defendant unknown
b. 0hereabouts of defendant unknown and cannot be ascertained by diligent in9uiry
@aC and @bC, applies to -7 action, even actions in personam
c. ,efendant is non<resident and the suit is +uasi in rem
d. ,efendant is temporarily out of the country and the suit is +uasi in rem
7. )ervice upon private domestic /uridical entity refers to corporation, partnership, or association
organi%ed under 6hil. $aws with a /uridical personality.
a. 6resident
b. 3anaging partner
c. Deneral manager
d. Corporate secretary
e. "reasurer
f. &n<house counsel
8. )ervice upon private foreign /uridical entity transacting business in the 6hils.
a. Resident agent designated in accord with $aw
b. &f no such agent, on government official designated by law !R
c. !n any of its officers or agents within the 6hils
!T"# &* ! R#)&,#" -D#", )#R5&C# !* )(33!)#) -, 6R!C#))#) ! "4#
)#C.
9. ewspaper of general circulation @R- 2FF1, 6, 1BGHC
a. 6ublished for the dissemination of local news and general information
b. 4as a bona fide subscription list of subscribers
c. 6ublished at regular intervals
d. ot published for nor devoted to the interest of a particular group of persons
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e. 3ust have been regularly published for at least 2 years before the date of the publication in
9uestion.
3ere filing of an answer per se should not be automatically treated as a voluntary appearance
by the defendant for the purpose of sumons. &t should be noted that when the appearance of
the defendant is precisely to ob/ect to the /urisdiction of the court over his person, it cannot be
considered as an appearance in court.
RULE 15 MOTIONS
1. -ll motions must be in writing except.
a. "hose made in open court; !R
b. "hose made in the course of a hearing or trial.
2. "xceptions to the three<day notice rule.
a. "x parte motion
b. (rgent motion
c. 0hen court sets hearing on shorter notice for good cause
d. 3otion for summary /udgment @must be served at least 1B days before the hearingC
- prudent /udge would, in the absence of the opposing party in the hearing of a motion,
in9uire from the other party or in9uire from the records the proof of the service of notice
rather than proceed with the hearing. 4e should not rely on a party?s undertaking to notify the
adverse party of a scheduled hearing. "he /udge must demand what the rule re9uires, i.e.,
proof of such notice on the adverse party. !therwise, a contentious motion should be
considered a mere scrap of paper which should not have even been received for filing.
)ubse9uent service of the motion on the adverse party may be considered substantial
compliance with the Rule 1:, L A. *ailure to attach to the motion proof of service thereof to
the adverse party is not fatal when the adverse party had actually received a copy of the
motion and was in fact present in court when the motion was heard.
RULE 16 MOTION TO DISMISS
1. 3otion to ,ismiss must be filed within the time for and before the filing of an answer to
complaint.
2. Drounds for motion to dismiss.
a. Court has no /urisdiction over the person of the defendant< unlike old rule, inclusion in motion
to dismiss of other grounds aside from lack of /urisdiction over the person does !"
constitute a waiver of the said ground or voluntary appearance;
b. Court has no /urisdiction over the sub/ect matter of the claim;
c. 5enue is improperly laid;
d. 6laintiff has no legal capacity to sue;
e. "here is another action pending between the same parties for the same cause;
Re9uisites of litis pendentia.
i. &dentity of partiesKinterest
ii. &dentity of rights asserted and prayed forKrelief founded on the same facts;
iii. &dentity of the 2 cases @such that /udgment in one would amount to res /udicata in the
otherC
f. Cause of action is barred by a prior /udgment or by statute of limitations;
Re9uisites of res (udicata.
i. *inal /udgment or order
ii. Rendered by court of competent /urisdiction
iii. !n the merits @even without trial, such as cases decided by +udgment on the
6leadings, )ummary +udgment, or dismissed for failure to prosecute or for refusal to
obey an order of the courtC
iv. &dentity of the parties
g. 6leading asserting claim states no cause of action;
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h. Claim or demand in the plaintiff?s pleading has been paid, waived, abandoned, e8tinguished;
i. Claim on which action is founded is unenforceable under the statute of frauds;
/. Condition precedent for filing has not been complied with @this includes prior recourse to
barangay conciliation, or failure to make attempts to reach a compromise in cases between
members of the same familyC
"he court shall not defer the resolution of the motion for the reason that the ground relied
upon is not indubitable.
1. -ctions that court may take on a 3otion to ,ismiss.
a. Drant it remedy. appeal
b. ,eny !" appealable; but may avail of certiorari, prohibition and mandamus
c. !rder amendment of the pleading
2. &f denied, defendant must file answer within the balance of the 1:<day period, but not less than :
days from the time he received notice of the denial;
:. )ub/ect to the right to appeal, dismissal based on the following grounds will be bar to refiling.
a.Res (udicata
b.#8tinguishment of claim or demand
c.6rescription
d.(nenforceability under the )tatute of *rauds
A. "he dismissal of the complaint shall be without pre/udice to the prosecution in the same or
separate action of a counterclaim pleaded in the answer.
- motion to dismiss on the ground of failure to state a cause of action in the complaint must
hypothetically admit the truth of the facts alleged in the complaint. "he admission, however, is
limited only to all material and relevant facts which are well pleaded in the complaint. "he
demurrer does not admit the truth of mere epithets charging fraud; nor allegations of legal
conclusions; nor an erroneous statement of law; nor matters of evidence; nor to legally impossible
facts.
RULE 17 DISMISSAL OF ACTIONS
1. ,ismissal by the plaintiff
a. otice of dismissal any time before service of the answer or a motion for summary /udgment;
,ismissal is without pre/udice ",C"-T on 2
nd
notice of dismissal, which operates as
ad/udication on the merits when filed by same plaintiff who has once dismissed an action
based on or including said claim.
b. &f answer or motion for summary /udgment already served, dismissal by a 3otion for
,ismissal, which shall re9uire approval of the court; shall be without pre/udice unless
otherwise specified by the court
&f counterclaim has been pleaded by a defendant prior to the service upon him of
plaintiff?s motion to dismiss, dismissal is limited to the complaint; dismissal is without
pre/udice to defendant?s right to prosecute counterclaim in a separate action or, if he
makes a manifestation within 1: days from notice of the motion, to prosecute CC in same
action.
2. ,ismissal due to plaintiff?s fault < the following must be without /ustifiable cause
a. &f plaintiff fails to appear on the date of presentation of his evidence in chief;
b. 6laintiff fails to prosecute claim for an unreasonable length of time
c. 6laintiff fails to comply with the Rules of Court or any order of the court
Complaint may be dismissed upon defendant?s motion or motu proprio.
(nless otherwise declared by the court, dismissal has effect of ad/udication upon the merits.
RU*" ! S"."R&C" !/ C!M-U*S!R0 CC# ,ismissal of principal action upon plaintiff?s
motion or due to plaintiff?s fault does not necessarily carry with it the dismissal of the compulsory
CC; defendant is also given option to prosecute the same in same or separate action.
11
3. ,ismissal of counterclaim, cross<claim, or 1
rd
<party complaint must be made by claimant before
a responsive pleading or a motion for summary /udgment is served, or if there is none, before the
introduction of evidence.
RULE 18 PRE-TRIAL
1. 0hat to consider in pre<trial @with notice to counsel or party without counselC
a. 6ossibility of amicable settlement or arbitration
b. )implification of the issues
c. -mendments to the pleadings
d. )tipulations or admissions of facts and documents
e. $imitation of number of witnesses
f. 6reliminary reference of issues to a commissioner
g. 6ropriety of /udgment on the pleadings, summary /udgments, or dismissal of action
h. !ther matters for the prompt disposition of the action
2. &t is the duty of the plaintiff to move ex parte for the setting of the case for pre<trial. 4owever, if
plaintiff answers the defendant?s counterclaim, it will be the latter?s duty to set the pre<trial.
3. *ailure of plaintiff to appear shall be cause for dismissal of the action. on<appearance of
defendant is cause to allow plaintiff to present evidence ex parte and the court to render /udgment
on basis thereof.
4. on<appearance of party e8cused only if.
a. - valid cause is shown therefor !R
b. &f representative shall appear in his behalf fully authori%ed in writing to enter into an amicable
settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations
or admissions of facts and of documents,
5. 3ust file pre<trial brief so as to ensure that other party receives it at least 1 days before pre<trial.
*ailure to file brief has same effects as failure to appear at pre<trial.
6. 6roceedings recorded, and court shall issue an order reciting in detail matters taken up.
RULE 19 INTERVENTION
1. Drounds for intervention
a. $egal interest in the matter in litigation
b. &nterest in the success of either or both parties or interest against both
c. 6arty is so situated as to be adversely affected by the distribution of the court
d. ,isposition of property in the custody of the court or of an officer thereof.
2. 3otion may be filed at any time before rendition of /udgment.
3. -nswer to complaint<in<intervention must be filed within 1: days from notice of court admitting
the complaint.
4. 3otion for intervention will be granted if it will not unduly delay or pre/udice ad/udication of
rights or original parties and if the intervenor?s rights may be fully protected in separate
proceedings.
5. Complaint in intervention is merely collateral to the principal action. 4ence, it will be dismissed if
main action is dismissed.
6. - complaint in intervention that seeks affirmative relief prevents a plaintiff from taking a
voluntary dismissal of the main action. )uch a case is not sub/ect to dismissal upon intervenor?s
petition showing him to be entitled to affirmative relief. "he petition will be preserved and heard
regardless of the disposition of the main action.
RULE 20 CALENDAR OF CASES
1. Calendar of cases to be kept by clerk of court for cases set for pre<trial, trial, those whose trials
ad/ourned or postponed and those with motions set for hearings.
2. 6reference given to habeas corpus, election cases, special civil actions and those so re9uired by
law.
12
RULE 21 SUBPOENA
1. )ubpoena issued by.
a. "he court before whom witness is re9uired to attend;
b. "he court of the place where the deposition is to be taken;
c. "he officer or body authori%ed by law to do so in connection with its investigations;
d. -ny +ustice of the )C or C- in any case or investigation pending within the 6hils
2. o prisoner sentenced to death, reclusion perpetua, or life imprisonment and who is confined in any
penal institution shall be brought outside said institution for appearance or attendance in any court
unless authori%ed by the )C.
3. Drounds for 9uashing subpoena duces tecum
a. &t is unreasonable or oppressive
b. "he articles sought to be produced do not appear to be relevant
c. 6erson asking for subpoena does not advance cost of production
4. Dround for 9uashing subpoena ad testificandum
a. "he witness is not bound thereby if witness resides more than 1BB km from the place where
he is to travel by the ordinary course of travel, or if he is a detention prisoner and no
permission is obtained from the court in which his case is pending
"his is known as the =viatory right> of the witness; !T", however, that the right is
available only in C&5&$ cases
b. 0itness fees and kilometrage allowed by rules not tendered when subpoena served.
5. )ervice of subpoena made in the same manner as personal or substituted service of summons.
6. 6erson present in court before a /udicial officer may be re9uired to testify as if he were in
attendance upon a subpoena.
7. *ailure by any person without ade9uate cause to obey a subpoena served upon him shall be
deemed a contempt of the court from which subpoena issued.
RULE 22 COMPUTATION OF TIME
1. Computing for any period of time. day of the act or event from which designated period of time
begins to run is to be e8cluded and the date of performance included.
2. &f last day of period falls on )aturday, )unday or legal holiday in place where court sits, the time
shall not run until the ne8t working day.
3. &f there is effective interruption of period, it shall start to run on the day after notice of the
cessation of the cause of the interruption. "he day of the act that caused the interruption is
e8cluded in the computation of the period.
RULE 23 DEPOSITIONS PENDING ACTION
,#6!)&"&!) %" '"" "SS" 1 taken for purposes of pending action
1. ,epositions pending action
a. "aken by leave of court after court obtains /urisdiction over any defendant or property sub/ect
of the action
b. "aken without leave after an answer has been served
c. (pon the instance of any party
d. 3ay be deposition upon oral e8amination or written interrogatories
2. )cope of e8amination deponent may be e8amined regarding any matter not privileged relevant to
the sub/ect of the action
3. #8amination and cross<e8amination proceeds as in trials
4. ,epositions and -ffidavits distinguished
DEPOSITIONS AFFIDAVITS
0ritten testimony of witness in course of /udicial
proceedings, in advance of trial and hearing
3ere sworn written statements
13
!pportunity for cross<e8amination o cross<e8amination
Can be competent testimonial evidence $ittle probative value @hearsayC
5. (se of depositions
-ny part or all of a deposition which is admissible in evidence may be used against any party
who was present or represented during the taking of the deposition or who had notice thereof
as follows.
DEPOSITION OF MAY BE USED BY PURPOSE
- witness -ny party "o contradict or impeach the deponent?s
testimony as a witness
-ny party, or anyone who at the
time of taking the deposition was
an officer, director, or managing
agent of a public or private
corporation
-n adverse party *or any purpose
!f any witness, whether a party
or not
-ny party *or any purpose, &* court finds that.
a. 0itness is dead;
b. 0itness resides at a distance more than
1BB km from place of trial, ($#))
absence procured by party offering the
deposition
c. 0itness is unable to testify because of
age, sickness, infirmity, or
imprisonment;
d. 6arty offering the deposition has been
unable to procure the attendance of the
witness by subpoena; !R
e. !ther e8ceptional circumstances make
it desirable to allow deposition to be
used.
,eponent is made the witness of the party offering the deposition.
&f only part of the deposition is introduced, adverse party may re9uire that all of it which is
relevant to the part introduced be introduced.
A. 6ersons before whom depositions may be taken
a. 0ithin the 6hilippines
i. +udge
ii. otary public
iii. -ny person authori%ed to administer oaths if the parties so stipulate in writing
b. &n foreign countries
i. !n notice, before a secretary of any embassy or legation, consul<general, consul, vice<
consul, consular agent of the 6hils
ii. ;efore such person or officer as may be appointed by commission or under letters<
rogatories
iii. -ny person authori%ed to administer oaths if the parties so stipulate.
Commission addressed to any authority in a foreign country authori%ed therein to take down
depositions; the taking of such depositions is sub/ect to the rules laid down by the court issuing the
commission
*etters Rogatory addressed to /udicial authority in the foreign country; the taking of the
depositions is sub/ect to the rules laid down by such foreign /udicial authority.
G. 6ersons dis9ualified to take depositions
a. Relative within A
th
degree of consanguinity or affinity of any party
b. #mployee of any party
14
c. Counsel of any party
d. Relative within the same degree of party?s counsel
e. #mployee of party?s counsel
f. -nyone financially interested in the action
F. ,epositions upon written interrogatories
6arty desiring to take such deposition shall serve them upon every other party with a notice
stating the name and address of the person who is to answer them and the name and
descriptive title of the officer before whom the deposition is to be taken;
6arty so served may serve cross<interrogatories upon the proponent within 1B days thereafter
Re<direct interrogatories served within : days
Re<cross interrogatories served within 1 days
H. #ffects of errors and irregularities in the depositions
a. -s to notice waived unless written ob/ection is promptly served upon the party giving the
notice
b. -s to dis9ualification of officer waived unless made before the taking of the deposition
begins or as soon thereafter as the dis9ualification becomes known or could be discovered
with reasonable diligence
c. -s to competency or relevancy of evidence < !" waived by failure to make them before or
during the taking of the deposition, unless ground is one which might have been obviated or
removed if presented at that time
d. -s to oral e8am and other particulars < #rrors occurring at the oral e8am in the manner of
taking the deposition, in the form of 9uestions and answers, in oath or affirmation, or in
conduct of parties, and errors of any kind which might be obviated, removed, cured if
promptly prosecuted are waived unless reasonable ob/ection is made at the taking of the
deposition.
e. -s to form of written interrogatories < waived unless served in writing upon party
propounding them within the time allowed for serving succeeding cross or other
interrogatories and within 1 days after the service of the last interrogatories authori%ed.
f. -s to manner of preparation < errors as to manner in which the testimony is transcribed or the
deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed or otherwise dealt
with by the officer are waived unless a motion to suppress the deposition or some part of it is
made with reasonable promptness after such defect is, or with due diligence might have been,
ascertained.
- deposition, in keeping with its nature as a mode of discovery, should be taken before and
not during trial. & fact, the rules on criminal practice particularly on the defense of alibi
states that when a person intends to rely on such a defense, that person must move for the
taking of the deposition of his witness within the time provided for filing a pre<trial motion.
RULE 24 DEPOSITIONS PENDING ACTION
,#6!)&"&!) 2 -"R-"TU&M R"2 M"M!R2&M 1 taken to perpetuate evidence for purposes of an
anticipated action or further proceedings in a case or appeal.
1. ,epositions before action
- person desiring to perpetuate his own testimony or that of another person regarding any
matter that may be cogni%able in any court of the 6hils may file a verified petition in the court of
the place of the residence of any e8pected adverse party, which petition shall be entitled in the
name of the petitioner and shall show.
a. "hat petitioner e8pects to be a party to an action in a court of the 6hils but is presently unable
to bring it or cause it to be brought;
b. "he sub/ect matter of the e8pected action and his interest therein;
c. "he facts which he desires to establish by the proposed testimony and his reasons for desiring
to perpetuate it;
d. "he names or description of the persons he e8pects will be the adverse parties and their
addresses so far as known;
15
e. "he name and addresses of the persons to be e8amined and the substance of the testimony
which he e8pects to elicit from each.
2. (se of deposition
&f deposition to perpetuate testimony is taken under this rule or if not so taken is still
admissible in evidence may be used in any action involving the same sub/ect matter subse9uent
brought in accordance with the provisions of Rule 21.
RULE 25 INTERROGATORIES TO PARTIES
1. &nterrogatories and the answers thereto should be filed in court and served on adverse parties, so
that the answers may constitute /udicial admissions.
2. #ffect of failure to serve written interrogatories a party not served with such may !" be
compelled by the adverse party to give testimony in open court or deposition pending appeal.
RULE 26 ADMISSION BY ADVERSE PARTY
1. Re9uest for admission
- written re9uest for the admission of the other party of the genuineness of any material
or document or re9uest for the truth of any material and relevant matter of fact set forth in the
re9uest may be filed and served upon the other party at any time after issues have been /oined.
2. &mplied admission
#ach of the matter re9uested to be admitted shall be deemed admitted within a period
designated in the re9uest, which shall not be less than 1: days after service thereof or within such
further time as the court may allow on motion, ($#)), party re9uested serves upon the party
re9uesting a sworn statement either specifically denying or setting forth in detail the reasons why
he cannot truthfully either admit or deny those matters.
3. #ffect of admission
-dmission is only for the purpose of the pending action and shall !" constitute an
admission for any other person nor may it be used against him in any other proceeding.
4. - party who fails to file and serve a re9uest for admission on the adverse party of material facts
within the personal knowledge of the latter shall not be permitted to present evidence thereon,
RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
1. -ny party may move for the court in which the action is pending to order any party to.
a. 6roduce and permit the inspection and copying or photographing of any designated
documents, papers, books, accounts, letters, photographs, ob/ects or tangible things, not
privileged, which.
i. Constitute or contain evidence material to any matter involved in the action -,
ii. -re in his possession, custody or control.
b. 6ermit entry upon designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the property or any designated
relevant ob/ect or operation thereon.
2. "he order.
a. )hall specify the time, place and manner of making the inspection and taking copies -,
b. 3ay prescribe such terms and conditions which are /ust.
RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS
1. &f the mental or physical condition of a party is in controversy, the court may order him to submit
to a physical or mental e8amination by a physician.
2. "he party e8amined waives any privilege he may have in that action regarding the testimony of the
person who has e8amined or may e8amine him with respect to that same mental or physical
e8amination by.
a. Re9uesting and obtaining a report of the e8amination so ordered !R
b. "aking the deposition of the e8aminer.
RULE 29 REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY
16
1. &f a partyKdeponent refused to answer.
a. "he e8amination may be completed on other matters
b. "he e8amination may be ad/ourned
c. "he proponent may apply to the court for order to compel answer
"he court may then order.
i. "he refusing party or his counsel to pay the e8penses incurred in obtaining the order,
including the attorney?s fees @if it finds the refusal to answer without substantial
/ustificationC
ii. "he proponent or his counsel to pay the e8penses incurred in opposing the
application, including attorney?s fees @if it finds the application to be without
substantial /ustificationC
2. &f a partyKwitness refuses to be sworn or to answer after being directed to do so by the court, the
refusal may be considered a contempt of that court.
1. &f a partyKofficer or managing agent of a party refuses to obey an order re9uiring him.
a. "o answer designated 9uestions
b. "o produce a thing for inspection or to permit entry upon property
c. "o submit to a physical or mental e8amination
the court may order.
i. "hat the matters regarding which the 9uestions were asked, or the character of the land or
the thing, or the physical and mental condition of the party be taken to be established.
ii. "he disallowance of the disobedient party?s claims
iii. "he prohibition of the disobedient party to present evidence
iv. "he striking out of the pleadings or parts thereof
v. "he dismissal of the action or parts thereof
vi. Rendering /udgment by default against the disobedient party !R
vii. "he arrest of any party or agent ",C"-T in disobeying an order to submit to a physical
or mental e8amination.
2. &f a party refuses to attend or serve answers, the court may.
a. )trike out all or any part of any pleading of that party.
b. ,ismiss the action or any part thereof.
c. #nter a /udgment by default against that party, !RK-,
d. !rder that party to pay reasonable e8penses incurred, including attorney?s fees.
:. "he Republic of the 6hilippines cannot be re9uired to pay e8penses and attorney?s fees under this
Rule.
RULE 30 TRIAL
1. !rder of trial
"rial shall be limited to the issues stated in the pre<trial order and shall proceed as
follows.
a. "he plaintiff shall adduce evidence in support of his complaint;
b. "he defendant shall adduce evidence in support of his defense, counterclaim, cross<claim, and
third<party complaint;
c. "he 1
rd
<party defendant, if any, shall adduce evidence of his defense, counterclaim, cross<
claim, and 2
th
party complaint;
d. "he 2
th
party and so forth, if any, shall adduce evidence of the material facts pleaded by them;
e. "he parties against whom any counterclaim or cross<claim has been pleaded, shall adduce
evidence in support of their defense, in the order to be prescribed by the court;
f. "he parties may then respectively adduce rebutting evidence only, unless the court, for good
reasons and in the furtherance of /ustice, permits them to adduce evidence upon their original
case; and
17
g. (pon admission of the evidence, the case shall be deemed submitted for decision, unless the
court directs the parties to argue or to submit their respective memoranda or any further
pleadings.
2. +udge should personally receive evidence ",C"-T that in default or ex parte hearings and in any
case where the parties so agree in writing, the court may delegate the reception of evidence to its
clerk of court who is a member of the bar. "he clerk shall have no power to rule on ob/ections to
any 9uestion or to the admission of e8hibits, which ob/ections shall be resolved by the court upon
submission of his report and the transcripts within 1B days from the termination of the hearing.
RULE 31 CONSOLIDATION OR SEVERANCE
1. C!)!$&,-"&! the court may order a /oint hearing or trial of any or all matters in issue
when actions involving a common 9uestion of law or fact are pending before the court.
2. ;(" the court may order a separate trial of any claim, cross<claim, counterclaim, or third<party
complaint, in furtherance of convenience or in the interest of /ustice.
RULE 32 TRIAL BY COMMISSIONER
"rial by commissioner.
1. Reference by consent of both parties
2. Reference by motion of one of the parties or motu proprio.
a. "rial re9uires e8amination of a long account of either side
b. "aking of an account is necessary for the information of the court before /udgment or for
carrying a /udgment order into effect
c. 'uestion of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage
of the case.
RULE 33 DEMURRER TO EVIDENCE
,emurrer to evidence is made by the defendant after the plaintiff has completed the
presentation of his evidence where the defendant moves for dismissal on the ground that upon the facts
and the law the plaintiff has shown no right to relief.
1. &f motion denied defendant has the right to present evidence
2. &f motion granted, but reversed on appeal defendant deemed to have waived the right to
present evidence.
RULE 34 1UDGMENT ON THE PLEADINGS
1. +udgment on the 6leadings is proper.
a. &f answer fails to tender an issue; or
b. &f answer otherwise admits the material allegations of the adverse party?s pleading
"hen court may, on motion of that party, direct /udgment on the pleadings
2. 4owever, the material facts alleged in the complaint shall always be proved in actions for.
a. ,eclaration of nullity of marriage
b. -nnulment of marriage
c. $egal separation
R ULE 35 SUMMARY 1UDGMENTS
)ummary /udgment.
1. 6roper if no genuine issue as to any material fact @except as to damages recoverableC and if moving
party is entitled to a /udgment as a matter of law
2. ;ased not only on pleadings but also on affidavits, deposition, and admissions of the parties
showing that, except as to the amount of damages, there is no genuine issue.
3. 3otion shall be served at least 1B days before the time specified for the hearing.
4. 3ay be asked for by a party seeking to recover upon a claim, counterclaim, cross<claim or to
obtain a declaratory relief.
18
:. -lthough Rule does not specifically provide, also unavailable in actions for annulment of and
declaration of nullity of marriage, and for legal separation since )ec. 1 refers to actions =to recover
upon a claim>, or to recover a debt or a li9uidated demand for money, or =to obtain declaratory
relief.>
A. +udgment on the pleadings and summary /udgment distinguished.
1udgment on the pleadings Summary judgment
6roper when there is no genuine issue between the
parties
6roper even if there is an issue as to the damages
recoverable
;ased e8clusively on the pleadings without
introduction of evidence
;ased not only on pleadings but also on affidavits,
depositions and admissions of the parties
-vailable in any action, except the 1 e8ceptions 6roper only in actions to recover a debt, or for a
li9uidated sum of money, or for declaratory relief
3otions for summary /udgment may be filed by the claimant or by the defending party. "he
defending party may file such motion, pursuant to Rule 1:, L2=at any time>, as distinguished from L1
where the claimant may file the motion at any time after the answer is filed.
RULE 36 1UDGMENTS, FINAL ORDERS AND ENTRY THEREOF
1. "he date of the finality of the /udgment or final order shall be deemed to be the date of its entry.
"he /udgment or final order shall be entered by the clerk in the book of entries of /udgments if no
appeal or motion for new trial or consideration is filed within 1: days
2. )everal +udgments
&n action against several defendants, the court may render /udgment against one or more
of them, leaving the action to proceed against the others.
3. )eparate /udgments
+udgment rendered to dispose of one of the several claims for relief presented in an
action, made at any stage, upon a determination of the issues material to a particular claim and all
counterclaims arising out of the transaction or occurrence which is the sub/ect matter of the claim,
which terminates such claim. -ction shall proceed as to other claims
RULE 37 NEW TRIAL OR RECONSIDERATION
1. 3otion for new trial or reconsideration filed within 1: days from notice of /udgment and resolved
by the court within 1B days from submission for resolution.
2. Drounds. 3otion for ew "rial
a. *raud, accident, mistake, or e8cusable negligence;
b. ewly discovered evidence
Re9uisites.
i. ,iscovered after trial
ii. Could not have been discovered and produced at trial despite the e8ercise of
reasonable diligence
iii. &f presented, could probably alter the result of the action
1. Drounds. 3otion for Reconsideration
a. ,amages awarded are e8cessive
b. #vidence is insufficient to /ustify the decision or final order
c. ,ecision is contrary to law
2. 3otion for new trial shall be in writing, and supported by affidavits of merit if the ground is
*-3#; for newly<discovered evidence, it must be supported by affidavits of witnesses by whom
such evidence is e8pected to be given, or by duly authenticated documents to be introduced.
3otion for reconsideration shall specifically point out the findings or conclusions of the
/udgment which are unsupported by evidence or contrary to law, with e8press reference to the
testimonial or documentary evidence or the provisions of law alleged to be contrary to such
findings.
:. -ro forma motion for new trial or reconsideration shall not toll the period for appeal.
19
A. o second motion for reconsideration allowed. )econd motion for new trial must be based on a
ground not e8isting or available when the first motion was made, which may be filed during the
remainder of the 1:<day period.
RULE 38 RELIEF FROM 1UDGMENTS, ORDERS, OR OTHER PROCEEDINGS
1. 6etition for relief from /udgment filed within AB days after learning of /udgment and not more than
A months after such /udgment
3ust be supported by affidavit showing the *-3# and the facts constituting the petitioner?s
good or substantial cause of action or defense
2. 6arty who has filed a timely motion for new trial cannot file a petition for relief after the former is
denied. "he two remedies are e8clusive of one another.
3. Drounds.
a. +udgment or final order entered against a party by *-3#; or
b. +udgment or final order is rendered and party has been prevented by *-3# from taking an
appeal
*or fraud to be e8trinsic, the losing party must never have had a chance to controvert the
adverse party?s evidence.
(niform procedure for relief from /udgments of 3"C and R"C
4. -fter petition is filed, court shall order adverse parties to answer within 1: days from receipt.
-fter answer is filed or e8piration of period therefor, court shall hear the petition.
5. &f granted, /udgment set aside and court shall proceed as if timely motion for new trial has been
granted; if granted against denial of appeal, court shall give due course to appeal.
RULE 39 EXECUTION, SATISFACTION AND EFFECT OF 1UDGMENTS
1. #8ecution as a matter of right
!n motion with notice, upon a /udgment or order that disposes of the action or proceeding
upon the e8piration of the period to appeal therefrom if no appeal has been duly perfected.
*or so long as there is a certificate of entry of /udgment, e8ecution may already be issued by
the court of origin or directed to do so by the C-.
2. ,iscretionary e8ecution pending period to appeal or during appeal; may issue only upon good
reasons to be stated in a special order after hearing.
a. ;y trial court even after the perfection of the appeal for so long as the motion for e8ecution
was filed while the "C has /urisdiction over the case and is in possession or the records, upon
motion of the prevailing party with notice to the adverse party
b. -ppellate court after the "C has lost /urisdiction
#8ample.
6 receives /udgment. +une 1
, receives /udgment. +une 1
, files notice of appeal. +une :
0hen does trial court lose /urisdictionM +une 1F
;(", if 6 also files a notice of appeal on +une 1B, trial court loses /urisdiction on that date.
#8ecution with respect to appealed cases< there is no need to await remand of the records.
#8ecution with respect to conse9uential and e8emplary damages should be postponed until
such time as the merits of the case have been finally determined in the regular appeal, as the
amounts remain uncertain and indefinite pending resolution.
1. a. 3otion for e8ecution of final and e8ecutory /udgment should be served on adverse party and
set for hearing;
b. &n case of appeal, motion is filed with court of origin supported by certified true copies of
final /udgment of appellate court.
c. -ppellate court may on motion order court of origin to issue writ of e8ecution @)C Circular
o. 22<H2, 2K1FKH2C
2. +udgments !" stayed by appeal @immediately e8ecutory, unless court provides otherwiseC
20
a. -ctions for in/unction
b. Receivership
c. -ccounting
d. )upport
e. +udgments declared immediately e8ecutory
:. - final and e8ecutory /udgment may be e8ecuted on motion within : years from entry. 3ay be
revived and enforced by action after lapse of : years but before 1B years from entry. Revived
/udgment may be enforced by motion within : years from entry and thereafter by action before
barred by statute of limitations file motion within 1B years from the finality of the revived
/udgment.
A. #8ecution in case of party?s death.
a. ,eath of /udgment obligee < application of his e8ecutor or administrator or successor<in<
interest
b. ,eath of /udgment obligor <
i. -gainst his e8ecutor, etc. if the /udgment be for recovery of real or personal property or
the enforcement of a lien thereon.
ii. &f death after e8ecution is actually levied upon his property, it may be sold for satisfaction
of the obligation.
&f the /udgment obligor dies after the entry but before levy, e8ecution will issue if it be for the
recovery of real or personal property. 4owever, if /udgment is for a sum of money, and the
/udgment obligor dies before levy, such /udgment cannot be enforced by writ of e8ecution but
must be filed as a claim against his estate.
G. 0rit of e8ecution.
a. )hall issue in the name of the Republic of the 6hils from court which granted the motion
b. )tate the name of the court, case number and title, dispositive portion of the /udgment order
c. Re9uire the sheriff or other proper officer to whom it is directed to enforce the writ according
to its terms
F. 3anner of e8ecuting writ.
a. &f /udgment against property of the /udgment obligor out of real or personal property with
interest
b. &f against his real or personal property in the hands of the personal representatives, heirs,
devisees, legatees, tenants, or trustees of the /udgment obligor out of that property, with
interest
c. &f for sale of real or personal property to sell property, describing it and apply the proceeds
in conformity with /udgment.
d. &f for delivery of possession of property deliver possession of the same to the party entitled
to it, describing it, and to satisfy any costs, damages, rents, or profits covered by the /udgment
out of the personal property of the person against whom it was rendered, and out of real
property if sufficient personal property cannot be found.
e. &n all cases, writ of e8ecution shall specifically state the amount of the interest, costs,
damages, rents, or profits due as of date of issuance of writ, aside from principal obligation.
+udgment obligor is given option to choose which property may be levied on sufficient to
satisfy the /udgment.
H. 6roperty e8empt from e8ecution
a. *amily home as provided by law, homestead in which he resides, and land necessarily used in
connection therewith;
b. "ools and implements used in trade, employment, or livelihood;
c. 1 horses, cows, or carabaos or other beasts of burden used in his ordinary occupation;
d. ecessary clothing and articles for ordinary personal use, e8cluding /ewelry;
e. 4ousehold furniture and utensils necessary for housekeeping not e8ceeding 61,BBB;
f. 6rofessional libraries and e9uipment of /udges, lawyers, physicians, etc. not e8ceeding
61BB,BBB;
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g. !ne fishing boat and accessories not more than 61BB,BBB owned by a fisherman and by which
he earns his living;
h. )alaries, wages, or earnings for personal services within the 2 months preceding the levy
which are necessary for the support of the family;
i. $ettered gravestones;
/. 3oney, benefits, annuities accruing or in any manner growing out of any life insurance;
k. Right to receive legal support or any pension or gratuity from the government;
l. 6roperties especially e8empted by law.
#8emption does not apply if e8ecution upon a /udgment for its purchase price or for
foreclosure of mortgage.
Right of #8emption is a personal right granted to the /udgment creditor. "he sheriff may thus
not claim it.
1B. "hird party claims.
a. 6urpose of bond filed by /udgment obligee or plaintiff is to indemnify third<party claimant,
not the sheriff or officer;
b. -mount of bond not less than value of property levied on;
c. )heriff not liable for damages if bond is filed;
d. +udgment obligee or plaintiff may claim damages against third<party claimant in the same or a
separate action.
e. 1
rd
6arty claimant may vindicate his claim to property levied in a separate action because
intervention is no longer allowed since /udgment already e8ecutory; in preliminary attachment
and replevin, 1
rd
party claimant may vindicate his claim to the property by intervention since
the action is still pending.
11. 0ho may redeem real property sold.
a. +udgment obligor or his successor in interest in the whole or any part of the property;
b. Creditor having lien by virtue of an attachment, /udgment, or mortgage on the property sold
subse9uent to the lien under which the property was sold. @Redeeming creditor is termed a
redemptionerC.
12. +udgment obligor has one year from the date of the registration of the certificate of sale to redeem
property sold by paying the purchaser the amount of his purchase, with 1N per month interest plus
any assessments or ta8es which he may have paid thereon after purchase with interest on said
amount at 1N per month.
Redemptioners have one year to redeem from the date of registration of the certificate of
sale. "hey may also redeem beyond one<year period within AB days after the last redemption, with
2 N interest on the sum to be paid on the last redemption. "he /udgment obligor?s right to redeem
within AB days from last redemption is limited to the one<year period, beyond which he can no
longer redeem.
6urchaser or redemptioner not entitled to receive rents and income of property sold inasmuch
as these belong to the /udgment obligor until the e8piration of the period of redemption.
11. #ffect of /udgment or final orders
a. &n case of /udgment against a specified thing, probate of will, or administration of estate or
legal condition or status, it is conclusive on the title or condition, status, relationship, will or
administration.
b. &n other casesKmatters directly ad/udged, or matters relating thereto that could have been
raised subse9uent to commencement of action, /udgment is conclusive between parties and
their successors in interest.
c. &n any other litigation, that only is deemed to have been ad/udged in a former /udgment or
which was actually and necessarily included therein.
12. #ffect of foreign /udgment
a. +udgment upon a specific thing, conclusive upon title to the thing;
b. &f against a person, /udgment is presumptive evidence of a right as between the parties and
their successors in interest;
22
1:. 0hen foreign /udgment may be repelled
a. #vidence of want of /urisdiction
b. 0ant of notice to party
c. Collusion
d. *raud
e. Clear mistake of law.
1A. Re9uisites for res (udicata
a. *inal former /udgment
b. +udgment is on the merits
c. Rendered by a court of competent /urisdiction
d. ;etween first and second actions, identity of sub/ect matter, parties and cause of action.
1G. 0hen 9uashal of writ of e8ecution proper
a. &mproperly issued
b. ,efective in substance
c. &ssued against the wrong party
d. +udgment was already satisfied
e. &ssued without authority
f. Change of the situation of the parties renders e8ecution ine9uitable
g. Controversy was never validly submitted to the court
h. 0rit varies the terms of the /udgment
i. 0rit sought to be enforced against property e8empt from e8ecution
/. -mbiguity in the terms of the /udgment
1F. )6#C&-$ +(,D3#" < re9uires the performance of any other act than the payment of money or
the sale or delivery of real or personal property.
1H. Remedies against e8ecutory /udgments or orders.
a. 6etition for relief
b. ,irect attack
c. Collateral attack < /udgment is null on its face or court had no /urisdiction
2B. 0hen court may order e8ecution even before an e8ecutory /udgment and pending an appeal
a. $apse of time would make the ultimate /udgment ineffective;
b. -ppeal is clearly dilatory;
c. +udgment is for support and the beneficiary is in need thereof;
d. -rticles sub/ect of the case are perishable;
e. ,efendants are e8hausting their income and have no other property aside from the proceeds
from the subdivision of lots sub/ect of the action;
f. 3ovants were in e8treme need of the premises sub/ect of the suit and the bond to answer for
damages in case of reversal on appeal @supersedeas bondC was posted by them;
g. +udgment debtor is in imminent danger of insolvency;
h. 6revailing party is of advanced age and in a precarious state of health and the right in the
/udgment is non<transmissible being for support;
i. 6revailing party posts sufficient bond to answer for damages in case of reversal of /udgment
;ut in most cases, the mere filing of a bond is not sufficient /ustification for discretionary
e8ecution.
21. !rder granting writ of e8ecution !$7 appealable when.
a. !rder varies terms of the /udgment
b. 0hen vague and court renders what is believed to be wrong interpretation.
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22. 3arnishment act of appropriation by the sheriff if the property involved is money, stocks, or
other incorporeal property in the hands of third persons; merely sets apart such funds but does not
constitute the creditor the owner of the garnished property.
21. 6ersons dis9ualified from participating in the e8ecution sale.
a. !fficer conducting the e8ecution sale or his deputy;
b. Duardian with respect to the property under his guardianship;
c. -gents, the property entrusted to them, unless with principal?s consent;
d. #8ecutors and administrators, the property of the estate under administration;
e. 6ublic officers and employees, the property of the )tate or any subdivision thereof, or any
D!CC, the administration of which has been entrusted to them;
f. +ustices, /udges, prosecuting attorneys, clerks of courts, and other officers and employees
connected with the administration of /ustice, the property and rights in litigation or levied
upon an e8ecution before the court within whose /urisdiction or territory they e8ercise their
respective functions;
g. $awyers, the property and rights which may be the sub/ect of litigation in which they take part
by virtue of their profession;
h. !thers specifically dis9ualified by law. @e.g. seller of goods who e8ercise right of resale of
goodsC.
RULE 40 APPEAL FROM MTC TO RTC
1. -ppeal from /udgment or final order of 3"C taken to R"C e8ercising /urisdiction over the area to
which 3"C pertains. *ile notice of appeal with the 3"C which rendered decision appealed from
within 1: days after notice of such /udgment.
2. Record on appeal is filed within 1B days and re9uired only for special proceedings
1. -ppellate docket fees paid to clerk of court of 3"C < payment not a condition precedent for
perfection of appeal but must nonetheless be paid within the period for taking appeal;
2. 6rocedure for appeal from cases dismissed without trial for lack of /urisdiction.
a. &f affirmed because the 3"C has no /urisdiction, R"C will try case on the merits as if it has
original /urisdiction;
b. &f reversed, the case shall be remanded to the 3"C;
c. &f the first level court tried the case on the merits without /urisdiction, the R"C should not
dismiss the case but shall decide it in the e8ercise of original /urisdiction.
RULE 41 APPEAL FROM THE RTC
1. -ppeal may be taken from a /udgment or final order that completely disposes of the case or of a
particular matter therein.
2. o appeal may be taken from.
a. !rder denying a motion for new trial or recon;
b. !rder denying a petition for relief or any similar motion seeking relief from /udgment;
c. &nterlocutory order;
d. !rder disallowing or dismissing an appeal;
e. !rder denying a motion to set aside a /udgment by consent, confession, compromise on the
ground of fraud, mistake, or duress, or any other ground vitiating consent;
f. !rder of e8ecution;
ot appealable because e8ecution is only the result of the /udgment. &f order of e8ecution
is not in accord with the dispositive portion, remedy is certiorari under Rule A:.
g. +udgment or final order for or against one or more of several parties or in separate claims,
while the main case is pending, unless the court allows an appeal therefrom;
h. !rder dismissing an action without pre/udice;
&n all these cases, aggrieved party may file an appropriate civil action under Rule A:.
24
1. !rdinary appeal from R"C @in the e8ercise of original /urisdictionC to C- is by filing notice of
appeal with the R"C within 1: days from notice of its /udgment. Record on appeal re9uired only
for special proceedings and where multiple appeals allowed filed within 1B days.
2. 3otion for e8tension of time to file a motion for new trial or reconsideration is prohibited.
:. Contents of otice on appeal.
a. ames of the parties to the appeal;
b. )pecify /udgment or final order or part thereof appealed from;
c. Court to which the appeal is being taken;
d. 3aterial dates showing timeliness of appeal;
A. Contents of Record on appeal.
a. *ull names of all parties to the proceedings shall be stated in the caption;
b. &nclude /udgment or final order from which appeal taken;
c. &n chronological order, copies of only such pleadings, petitions, etc. and all interlocutory
orders as are related to the appealed /udgment;
d. ,ata showing that appeal perfected in time < material data rule;
e. &f an issue of fact is to be raised, include by reference all the evidence, oral or documentary,
taken upon the issues involved.
G. -ppeal from decision of R"C in appellate /urisdiction is by petition for review filed with C-.
F. 0here only 9uestions of law are raised, by petition for review on certiorari with )C.
H. otice of -ppeal and Record of -ppeal distinguished.
Notice of Appeal Record of Appeal
6arty?s appeal by notice of appeal deemed perfected
as to him upon the filing of the notice of appeal in
due time
,eemed perfected as to appellant with respect to the
sub/ect matter upon the approval of the record on
appeal filed in due time
Court loses /urisdiction over case upon perfection of
the appeals filed in due time and e8piration of time
to appeal of other parties
Court loses /urisdiction only over sub/ect matter
upon approval of records on appeal filed in due time
and e8piration of the time to appeal of other parties.
1B. *ailure to pay appellate docket fees within the reglamentary period is ground for dismissal of
appeal.
11. Deneral Rule. -n ordinary appeal stays the e8ecution of a /udgment
"xceptions# a. ,ecisions of 9uasi</udicial body appealed to the C-
b. #8ecutions pending appeal
c. Cases covered by )ummary 6rocedure
RULE 42 PETITION FOR REVIEW FROM THE RTC TO THE CA
1. *orm and contents of petition for review @from R"C to C-C
&n G legible copies.
a. *ull names of parties to case, without impleading the lower courts or /udges thereof;
b. &ndicate specific material dates showing it was filed on time;
c. Concise statement of matters involved, issues raised, specification of errors of fact or law, or
both allegedly committed by the R"C, and the reasons or arguments relied upon for the
allowance of the appeal;
d. -ccompanied by clearly legible duplicate originals or true copies of the /udgments or final
order of both 3"C and R"C;
e. Certification under oath of non<forum shopping.
2. Contents of comment
&n G legible copies, accompanied by certified true copies of material portions of record and other
supporting papers.
a. )tate whether or not appellee accepts the statement of matters involved in the petition;
25
b. 6oint out such insufficiencies or inaccuracies as he believes e8ists in petitioner?s statement of
matters;
c. )tate reasons why petition should not be give due course.
1. C- may.
a. Re9uire respondent to file a comment; or
b. ,ismiss the petition if it finds.
i. 6atently without merit
ii. 6rosecuted manifestly for delay
iii. 'uestions raised are to insubstantial to re9uire consideration

RULE 43 APPEALS FROM THE CTA AND QUASI-1UDICIAL AGENCIES TO THE CA
1. -ppeals from /udgments and final orders of the Court of "a8 -ppeals and 9uasi</udicial agencies
in e8ercise of 9uasi</udicial functions @unless otherwise provided by law and the $abor Code
O$RC decisionsPC shall be by petition for review to the C-, to be taken within 1: days from
notice of award or /udgment or from notice of the denial of the motion for reconsideration. !nly 1
3otion for reconsideration allowed
2. 'uasi</udicial agencies covered.
a. Civil )ervice Commission;
b. Central ;oard of -ssessment -ppeals;
c. )ecurities and #8change Commission;
d. !ffice of the 6resident;
e. $and Registration -uthority;
f. )ocial )ecurity Commission;
g. Civil -eronautics ;oard;
h. ;ureau of 6atents, "rademarks and "echnology "ransfer;
i. ational #lectrification -dministration;
/. #nergy Regulatory ;oard;
k. ational "elecommunications Commission;
l. ,epartment of -grarian Reform under R- o. AA:G;
m. D)&);
n. #mployees Compensation Commission;
o. -gricultural &nventions ;oard;
p. &nsurance Commission;
9. Construction &ndustry -rbitration Commission;
r. 5oluntary arbitrators
St. Martin4s /uneral 5ome vs. *RC < ,#C&)&!) !* "4# $RC !R&D&-$ -C"&!
*!R C#R"&!R-R& (,#R R($# A: *&$#, 0&"4 "4# C-, !" )C
/abian vs. %esierto -ppeals from decisions of the !ffice of the !mbudsman in
administrative disciplinary cases should be taken to the C- under Rule 21.
-ccording to -.3. no. HH<2<B2<)C @promulgated *ebruary H, 1HHHC, any appeal by way
of petition for review from a decision, final resolution or order of the !mbudsman, or
special civil action relative to such decision, filed with the )C after 3arch 1:, 1HHH shall
no longer be referred to the C-, but shall be dismissed.
RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT
1. 'uestion of $aw e8ists when doubt or difference arises as to what the law is, based on a
certain state of facts
'uestion of *act e8ists when doubt or difference arises as to the truth or the falsehood of
alleged facts
2. *indings of fact of the C- may be reviewed by the )C on appeal by certiorari when.
26
a. "he conclusion is a finding grounded entirely on speculations, surmises, or con/ectures;
b. "he inference made is manifestly mistaken, absurd, or impossible;
c. "here is grave abuse of discretion;
d. "he /udgment is based on misapprehension of facts;
e. *indings of fact of trial court and C- are conflicting;
f. "he C-, in making its findings, went beyond the issues of the case and the same is contrary to
the admissions made;
g. C- manifestly overlooked certain relevant facts not disputed by the parties and which, if
properly considered, would /ustify a different conclusion.
1. Certiorari as mode of appeal.
*rom /udgment or final order of the C-, )andiganbayan, R"C on pure 9uestions of law,
or other courts whenever authori%ed by law, by filing a petition for review on certiorari with the
)C within 1: days from notice of /udgment.
2. Rule 2: and Rule A: distinguished.
Rule 45 Rule 65
o need for 3otion for Recon 3otion for Recon generally re9uired
Relates to final /udgments -pplies to interlocutory orders rendered in
e8cessKlack of /urisdiction
-n appeal ot an appeal in the strict sense
1: days from notice of /udgment AB days from notice of /udgment
6ho vs. Camacho. -n R"C /udge has no right to disapprove a notice of appeal on the ground
that the issues raised involve a pure 9uestion of law, and that the mode of appeal is erroneous.
"hat is the prerogative of the C-, not the R"C /udge. - notice of appeal need not be
approved by the /udge, unlike a record on appeal.
RULE 47 ANNULMENT OF 1UDGMENTS OR FINAL ORDERS AND RESOLUTIONS
1. Drounds for annulment of /udgment of R"C in civil cases.
a. #8trinsic fraud not available as a ground if availed of earlier in a motion for new trial or
petition for relief
b. $ack of /urisdiction.
2. 6etition for annulment available only if ordinary remedies of new trial, appeal, petition for relief or
other appropriate remedies no longer available through no fault of the 6etitioner.
1. 6eriods.
a. *or e8trinsic fraud four years from discovery;
b. $ack of /urisdiction must be filed before action barred by laches.
2. #ffects of /udgment of annulment gives the C- authority to order the trial court on motion to try
the case if the ground for annulment is e8trinsic fraud, but not if it is lack of /urisdiction.
6rescriptive period for refiling the original action is suspended unless the e8trinsic fraud is
attributable to the plaintiff in the original action.
RULE 50 DISMISSAL OF APPEAL
1. Drounds for dismissal of appeal by the C-.
a. *ailure of the record on appeal to show on its face that the appeal was taken within the
reglamentary period;
b. *ailure to file the notice of appeal or record on appeal within the period;
c. *ailure of the appellant to pay the docket and other lawful fees;
d. (nauthori%ed alterations, omissions, or additions in the approved record on appeal;
e. *ailure of the appellant to serve and file the re9uired number of copies of his brief or
memorandum within the time provided;
f. -bsence of specific assignment of errors in appellants brief or page references to the record;
27
g. *ailure of the appellant to take necessary steps for the completion or correction of the record
within the time limited by the order;
h. *ailure of appellant to appear at the preliminary conference or to comply with orders,
circulars, or directives of the court without /ustifiable cause
i. +udgment or order appealed from is not appealable.
RULE 51 1UDGMENT
1. 3emorandum decisions are permitted in the C-.
2. -fter /udgment or final resolution of the C- and dissenting or separate opinions if any, are signed
by the +ustices taking part, they shall be delivered for filing to the clerk who shall indicate thereon
the date of promulgation and cause true copies to be served upon parties or counsel.
1. ,ate when /udgment or final resolution becomes e8ecutory shall be deemed as date of entry.
RULE 56 PROCEDURE IN THE SUPREME COURT
1. !riginal cases cogni%able e8clusive list.
a. 6etitions for certiorari, prohibition, mandamus, +uo warranto$ habeas corpus;
b. ,isciplinary proceedings against /udges and attorneys;
c. Cases affecting ambassadors, other public ministers, and consuls.
2. -n appeal to )C can only be taken by petition for review on certiorari, except in criminal cases
where the penalty imposed is death, reclusion perpetua$ or life imprisonment.
1. Drounds for dismissal of appeal by )C
a. *ailure to take appeal within the reglementary period;
b. $ack of merit in the petition;
c. *ailure to pay the re9uisite docket fee and other lawful fees or to make deposit for costs;
d. *ailure to comply with the re9uirements regarding proof of service and contents of and the
documents which should accompany the petition;
e. *ailure to comply with any circular, directive or order of the )C without /ustifiable cause;
f. #rror in choice or mode of appeal
g. Case is not appealable to the )C.
2. ,iscretionary upon )C @and C-C to call for preliminary conference similar to pre<trial.
:. Deneral Rule. -ppeal to )C by notice of appeal shall be dismissed.
"xception# &n criminal cases where the penalty imposed is life imprisonment, or when a lesser
penalty is imposed but involving offenses committed on the same occasion or arising
out of the same occurrence which gave rise to the more serious offense for which the
penalty of death or life imprisonment is imposed @)ection 1, Rule 122C
A. -ppeal by certiorari from R"C to )C submitting issues of fact may be referred to the C- for
decision or appropriate action, without pre/udice to considerations on whether or not to give due
course to the appeal as provided in Rule 2:.
PROVISIONAL REMEDIES
6rovisional remedies @ancillaryKau8iliaryC
0rits and processes available during the pendency of the action which may be resorted to by a
litigant to preserve and protect rights and interests therein pending rendition, and for the purpose of
ultimately affecting a final /udgment in the case.
6R!5&)&!-$ < constituting temporary measures availed of during the pendency of the action.
-C&$$&-R7 < incidents in and dependent on the result of the main action.
RULE 57 PRELIMINARY ATTACHMENT
1. 6reliminary -ttachment
a. -vailable even if the recovery of personal property is only an incidental relief sought in the
action;
b. 3ay be resorted to even if the personal property is in the custody of a third person;
28
c. #8tends to all kinds of property, real or personal or incorporeal;
d. "o recover possession of personal property un/ustly detained, presupposes that the same is
being concealed, removed, or disposed of to prevent its being found or taken by the applicant;
e. Can still be resorted to even if the property is in custodia legis, as long as the property belongs
to the defendant, or is one in which he has proprietary interests, -, with permission of the
court
2. Drounds
a. Recovery of specified amount of money and damages, except moral or e8emplary, where
party is about to depart from the 6hils with intent to defraud creditors;
b. -ction for money or property embe%%led or for willful violation of duty by public officers,
officers of corporation, agent, or fiduciary;
c. Recovery of possession of property @both real and personalC un/ustly detained, when the
property is concealed or disposed of to prevent is being found or taken;
d. -ction against party guilty of fraud in contracting the debt or incurring the obligation or in the
performance thereof;
e. -ction against party who is concealing or disposing of property, or is about to do so, with
intent to defraud creditors;
f. -ction against party who is not a resident of the 6hils and cannot be found therein or upon
who service by publication can be made.
1. 6R&C&6$# !* 6R&!R !R C!"#36!R-R7 +(R&),&C"&!.
#nforcement of writ of preliminary attachment must be preceded by or simultaneously
accompanied by service of summons, copy of complaint, application and affidavits for the
attachment and the bond upon the adverse party; ;(" the re9uirement of prior or
contemporaneous service of summons shall not apply where the summons could not be served
despite diligent efforts, or the defendant is a resident of the 6hils temporarily absent therefrom, or
the defendant is a non<resident of the 6hils or the action is in rem or +uasi in rem.
4. 0hen preliminary attachment is discharged
a. ,ebtor posts a counterbond or makes re9uisite cash deposit< if attachment to be discharged is
with respect to particular property, counterbond or deposit shall be e9ual to the value of the
property as determined by the court; in all other cases, amount of counterbond should be e9ual
to the amount fi8ed in the order of attachment.
C-)4 ,#6!)&" !R C!("#R;!, )4-$$ )#C(R# "4# 6-73#" !* -7
+(,D3#" "4-" -""-C4&D 6-R"7 3-7 R#C!5#R
b. -pplicant?s bond is insufficient or sureties fail to /ustify;
c. -ttachment was improperly or irregularly issued;
d. 6roperty attached is e8empt from e8ecution;
e. +udgment is rendered against attaching party;
f. -ttachment is e8cessive discharge is with respect to the e8cess
:. -pplication for discharge may only be filed with the court where the action is pending and may be
filed even before enforcement of the writ so long as there has been an order of attachment.
A. 0hen to apply for damages against the attachment bond
a. ;efore trial;
b. ;efore appeal perfected;
c. ;efore /udgment becomes e8ecutory;
d. &n the appellate court for damages pending appeal, before /udgment becomes e8ecutory.
7. 0hen /udgment becomes e8ecutory, sureties on counterbond to lift attachment are charged and can
be held liable for the amount of /udgment and costs upon notice and summary hearing. "here is no
need to first e8ecute /udgment against the /udgment obligor before proceeding against sureties.
8. Claims for damages cannot be sub/ect of independent action except.
a. 0hen principal case is dismissed by the trial court for lack of /urisdiction without giving the
claiming party opportunity to prove claim for damages;
b. 0hen damages sustained by a third person not a party to the action.
29
RULE 58 PRELIMINARY IN1UNCTION
1. 6reliminary in/unction distinguished from 6rohibition
Preliminary Injunction Prohibition
Denerally directed against party to the action but
may be against any person
,irected against a court, tribunal, or person
e8ercising /udicial powers
,oes !" involve the /urisdiction of the court 3ay be on the ground that the court against whom
the writ is sought acted without or in e8cess of
/urisdiction;
3ay be main action itself or /ust a provisional
remedy in the main action
-lways a main action
2. Drounds for 6reliminary &n/unction
a. 6laintiff is entitled to relief sought which consists in restraining or re9uiring the performance
of acts @latter is preliminary mandatory in/unctionC;
b. "he commission of acts or non<performance during pendency of litigation would probably
work in/ustice to the plaintiff;
c. ,efendant is doing or about to do an act violating plaintiff?s rights respecting the sub/ect of
the action and tending to render /udgment ineffectual.
1. &n/unction may be refused or dissolved when.
a. Complaint is insufficient;
b. ,efendant is permitted to post a counterbond it appearing that he would sustain great and
irreparable in/ury if in/unction granted or continued while plaintiff can be fully compensated;
c. 6laintiff?s bond is insufficient or defective
2. o 6reliminary &n/unction or "R! may be issued without posting of bond and notice to adverse
party and hearing.
:. 6R&C&6$# !* 6R&!R !R C!"#36!R-R7 +(R&),&C"&!.
0hen an application for a writ of preliminary in/unction or a temporary restraining order is
included in a complaint or any initiatory pleading, the case, if filed in a multiple<sala court,
shall be raffled only after !"&C# to and & "4# 6R#)#C# of the adverse party or the
person to be en/oined. &n any event, such notice shall be preceded, or contemporaneously
accompanied by service of summons, together with a copy of the complaint and the
applicant?s affidavit and bond, upon the adverse party in the 6hils; ;(" the re9uirement of
prior or contemporaneous service of summons shall !" apply where the summons could not
be served despite diligent efforts, or the defendant is a resident of the 6hils temporarily absent
therefrom, or the defendant is a non<resident of the 6hils
%ifference with principle in preliminary attachment &n attachment, the principle applies only
in the implementation of the writ, while in applications for in/unction or "R!, this principle
applies before the raffle and issuance of the writs or "R!.
A. "R! good for only 2B days from service; AB days for C-; until further orders from )C.
G. "R! can be issued ex parte only if matter of grave urgency and plaintiff will suffer grave in/ustice
and irreparable in/ury. Dood for G2 hours from issuance, within which /udge must comply with
service of summons, complaint, affidavit and bond, and hold summary hearing to determine
whether "R! should be e8tended for 2B days. &n no case can "R! be longer than 2B days
including G2 hours.
F. o "R!, preliminary in/unction or preliminary mandatory in/unction may issue against the
government in cases involving implementation of government infrastructure pro/ects. @3arcia vs.
'urgos, reiterated in -dministrative Circular no. G<HH, promulgated +une 2:,1HHHC
RULE 59 RECEIVERSHIP
1. 0hen receiver may be appointed.
30
a. 6arty has an interest in the property or fund sub/ect of the action and such is in danger of
being lost, removed, or materially in/ured;
b. -ction by mortgagee for foreclosure of mortgage when the property is in danger of being
wasted or materially in/ured and that its value is probably insufficient to discharge the
mortgage debt, !R that the parties have stipulated in the contract of mortgage;
c. -fter /udgment, to preserve the property during the pendency of the appeal, or to dispose of it,
or to aid in e8ecution when e8ecution has been returned unsatisfied or the /udgment debtor
refuses to apply his property to satisfy /udgment, or to carry out the /udgment.
d. 0hen appointing one is the most convenient and feasible means to preserve, administer, or
dispose of the property in litigation.
2. 0hen receivership may be deniedKlifted
a. -ppointment sought is without sufficient cause;
b. -dverse party files sufficient bond for damages;
c. -pplicant or receiver?s bond is insufficient.
1. ;oth the applicant for the receivership and the receiver appointed must file separate bonds.
2. &n claims against the bond, it shall be filed, ascertained and granted under the same procedure as
)ection 2B, Rule :G, whether is be damages against the applicant?s bond for the unlawful
appointment of the receiver or for enforcing the liability of the sureties of the receiver?s bond by
reason of the receiver?s management @in the latter case, no longer need to file a separate actionC.
RULE 60 REPLEVIN
1. Replevin
a. -vailable only where the principal relief sought in the action is the recovery of possession of
personal property;
b. Can be sought only where the defendant is in the actual or constructive possession of the
personal property involved.
c. #8tends only to personal property capable of manual delivery;
d. -vailable to recover personal property even if the same is !" being concealed, removed, or
disposed of;
e. Cannot be availed of if property is in custodia legis, as where is it under attachment, or was
sei%ed under a search warrant or distrained for ta8 assessment.
2. ,efendant entitled to return of property taken under writ if.
a. 4e seasonably posts redelivery bond
b. 6laintiff?s bond is insufficient or defective
c. 6roperty is not delivered to plaintiff for any reason.
Replevin bond is only intended to indemnify defendant against any loss that he may suffer by
being compelled to surrender the possession of the disputed property pending trial of the
action. "hus, surety not liable for payment of /udgment for damages rendered against plaintiff
on a counterclaim for punitive damages for fraudulent or wrongful acts committed by the
plaintiffs which are unconnected with the defendant?s deprivation of possession by the
plaintiff.
SPECIAL CIVIL ACTIONS
1. "ypes of )pecial Civil -ctions
a. 3andamus
b. &nterpleader
c. Certiorari
d. Contempt
e. 6rohibition
f. #minent ,omain
g. ,eclaratory Relief
h. 'uo warranto
31
i. 6artition of real estate
/. *oreclosure of mortgage
k. (nlawful detainer
l. *orcible #ntry
RULE 62 INTERPLEADER
1. &nterpleader
a. !riginal action
b. 6resupposes that the plaintiff has no interest in the sub/ect matter of the action or has an
interest therein which, in whole or part, is not disputed by the other parties to the action;
c. Complaint in interpleader must be answered 1: days from service of summons
RULE 63 DECLARATORY RELIEF AND SIMILAR REMEDIES
1. Re9uisites for action for declaratory relief.
a. )ub/ect matter of controversy is a deed, will, contract, or other written instrument, statute,
e8ecutive order, or regulation, or ordinance;
Court may refuse to ad/udicate where decision would not terminate the uncertainty or
controversy which gave rise to the action !R where the declaration is not necessary and
proper at the time;
b. "erms and validity thereof are doubtful and re9uire /udicial construction;
c. o breach of the document, otherwise ordinary civil action is the remedy;
3ust be before breach is committed, as in the case where the petitioner paid under protest
the fees imposed by an ordinance. ,eclaratory relief still proper because the applicability
of the ordinance to future transactions still remains to be resolved, although the matter
could be threshed out in an ordinary suit for the recovery of the fees paid.
d. "here is an actual /usticiable controversy between persons whose interests are adverse;
e. "he same is ripe for ad/udication;
f. -de9uate relief is not available through other means or other forms of action or proceeding.
RULE 64 REVIEW OF 1UDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION
ON ELECTIONS AND THE COMMISSION ON AUDIT
*or petition for review of /udgments and final orders of the C!3#$#C and C!- period to file
is 1B days to be counted from notice of the /udgment or final order or resolution sought to be
reviewed and not from the receipt of the denial of the 3otion for Reconsideration; the period to
file petition is merely interrupted by the filing of the 3otion for Reconsideration and continues to
run again for the remaining period which shall not be less than 7 days from notice of denial.
RULE 65 CERTIORARI, PROHIBITION AND MANDAMUS
1. Certiorari
a. 6urpose to correct an act performed by respondent;
b. -ct sought to be controlled discretionary acts;
c. Respondent one who e8ercises /udicial functions and acted with grave abuse of discretion or
in lack or e8cess of /urisdiction.
d. Denerally directed against an interlocutory order of the court prior to appeal from the
/udgment in the main case;
e. eed merely be filed seasonably @within AB daysC, without undue delay and before the act,
order, or proceedings, sought to be reviewed or set aside has become fait accompli such that
any reversal thereof shall have become academic;
f. (nless a writ of preliminary in/unction shall have issued, does !" stay the challenged order;
g. 6arties are the aggrieved parties against the lower court or 9uasi</udicial agency and the
prevailing parties;
h. 3otion for reconsideration is a condition precedent, sub/ect to certain e8ceptions;
32
i. 4igher court e8ercises original /urisdiction under its power of control and supervision over the
orders of lower courts.
&f C- reverses the /udge, the latter may not go the )C via a petition for certiorari. 4e is
merely a nominal party, and he should not seek the reversal of a decision that is
unfavorable to the action taken by him.
-rofessional Regulation Commission vs. C& &t is well settled that the remedies of
ordinary appeal and certiorari are mutually e8clusive, not alternative or successive.
4owever, it has also been held that after a /udgment has been rendered and an appeal
therefrom had been perfected, a petition for certiorari relating to certain incidents therein
may prosper where the appeal does not appear to be a plain, speedy and ade9uate remedy.
&n this case, the )C noted that, while petitioners tried to /ustify their recourse to both an
appeal and to a petition for certiorari by claiming that their appeal would not constitute a
plain, speedy and ade9uate remedy, they did not see fit to withdraw or abandon said
appeal after filing the petition. "hus, both the C- and )C are reviewing the same
decision of the R"C at the same time. )uch a situation would lead to absurdity and
confusion in the ultimate disposition of the case.
2. 6rohibition
a. 6urpose to prevent the commission or carrying out of an act;
b. -ct sought to be controlled discretionary and ministerial acts;
c. Respondent one who e8ercises /udicial or non</udicial functions.
3. 3andamus
a. 6urpose to compel the performance of the act desired;
b. -ct sought to be controlled ministerial act;
c. Respondent one who performs /udicial or non</udicial functions.
4. 0hen )C allows the writ of certiorari even when appeal is available and proper.
a. -ppeal does not constitute a speedy and ade9uate remedy;
b. !rders were issued either in e8cess of or without /urisdiction;
c. *or certain special considerations, such as public welfare or policy;
d. 0here in criminal actions, the court re/ects rebuttal evidence for the prosecution, as in
ac9uittal;
e. 0here the order is a patent nullity;
f. 0here the decision in the certiorari case will avoid future litigation.
5. Cases where 3otion for Reconsideration is !" condition precedent for certiorari.
a. !rder is a patent nullity;
b. 'uestions raised in the certiorari proceeding were duly raised and passed upon by the lower
court, or are the same as those raised and passed upon in the lower court;
c. (rgent necessity for the resolution of the 9uestion and any further delay would pre/udice the
interests of the government;
d. (nder the circumstances, a motion for recon would be useless;
e. 6etitioner was deprived of due process and there is e8treme urgency for relief;
f. 0here in a criminal case, relief from order or arrest is urgent and the granting of such relief by
the trial court is improbable;
g. 6roceedings in the lower court are null for lack of due process;
h. 6roceeding was ex parte or in which petitioner had no opportunity to ob/ect;
i. &ssue raised is one purely of law or where public interest is involved.
6. "he period for filing any of the 1 actions is not later than AB days from notice of /udgment, order,
or resolution sought to be reviewed.
&n case a motion for reconsideration or new trial is timely filed, whether such motion is
re9uired or not, the AB<day period shall be counted from notice of the denial of said motion.
@)C Circular :A<2BBB, effective )eptember 1, 2BBBC
33
o e8tension of time to file the petition shall be granted except for compelling reason and in
no case e8ceeding 1: days. @)C Circular :A<2BBBC
RULE 66 QUO WARRANTO
1. 'uo 0arranto distinguished from #lection Contest.
Quo Warranto Election Contest
;asis is that occupant is dis9ualified from holding
office by reason of ineligibility or disloyalty
Challenge rights of a person to hold office on the
ground of irregularities in the conduct of the
election
&f successful, respondent is ousted but petitioner
shall not automatically assume the office vacated
)uccessful protestant will assume office if he had
obtained plurality of valid votes
RULE 67 EXPROPRIATION
1. &n e8propriation, the complaint must be verified.
2. "he defendant can only file an answer instead of a motion to dismiss
1. "he final order of e8propriation is appealable, but the lower court may determine the /ust
compensation to be paid.
"he power of eminent domain is e8ercised by the filing of a complaint which shall /oin as
defendants all persons owning or claiming to own, or occupying, any party of the e8propriated
land or interest therein. &f a known owner is not /oined as defendant, he is entitled to
intervene in the proceedings; or if he is /oined but not served with process and the proceeding
is already closed before he came to know of the condemnation, he may maintain an
independent suit for damages.
34
RULE 70 FORCIBLE ENTRY AND UNLAWFUL DETAINER
1. *orcible entry distinguished from (nlawful detainer
Forcible entry Unlawful detainer
6ossession of land is unlawful from the beginning
due to force, intimidation, threat, strategy or stealth
6ossession of defendant is inceptively lawful but
becomes illegal by reason of termination of right of
possession
o re9uirement of previous demand for defendant
to vacate premises
,emand is /urisdictional
6laintiff must prove that he was in prior physical
possession until he was deprived thereof by
defendant
6laintiff need not have been in prior physical
possession
1<year period counted from date of actual entry or
when plaintiff learned thereof.
1<year period from date of last demand
2. 0hen prior demand in unlawful detainer actions not re9uired;
a. 0hen purpose of action is to terminate lease because of e8piry of term and not because of
failure to pay rental or to comply with terms of lease contract;
b. 6urpose of suit is not for e/ectment but for enforcement of terms of contract;
c. 0hen defendant is not a tenant but a pure intruder
&n all other cases, there must be a demand.
i. "o pay or to comply with the conditions of the lease; -,
ii. "o vacate by written notice on the person in the premises or by posting such notice on the
premises if no person is found thereon and this is a condition precedent to the filing of the
case; !R-$ demand is not permitted.
iii. &f demand is in the alternative @pay !R vacateC, this is !" the demand contemplated by
the Rules.
1. 0hen the defendant raises the issue of ownership in his pleadings and the 9uestion of possession
cannot be resolved without deciding the issue of ownership, the latter issue shall be resolved only
to determine the issue of possession.
- forcible entryKunlawful detainer action has an entirely different sub/ect matter from that of
an action for reconveyance. "he former involves material possession, and the latter,
ownership. "hus, the pendency of an action for reconveyance does not divest the 3"C of its
/urisdiction over an action for *#K(,, nor will it preclude e8ecution of /udgment in the
e/ectment case where the only issue involved is material possession.
RULE 71 CONTEMPT
1. Criminal contempt
a. 6urpose is to vindicate public authority;
b. Conduct directed against the dignity or authority of the court.
2. Civil Contempt
a. 6urpose is to protect and enforce civil rights and remedies for the litigants;
b. *ailure to do something ordered by the court for the benefit of a party.
3. ,irect Contempt @contempt in facie curiaeC
a. Commit in the presence of or so near a court or /udge;
b. 6unished summarily without hearing;
c. o appeal may be taken but the party ad/udged in contempt may avail himself of actions of
certiorari or prohibition which shall stay the e8ecution of the /udgment, provided a bond fi8ed
by the court is filed.
4. &ndirect Contempt
a. ot committed in the presence of the court;
b. 6unished only after hearing complaint in writing or motion or party or order of court
re9uiring person to appear and e8plain, opportunity to appear and show cause.
35
1URISDICTION OF THE COURTS
1URISDICTION OF THE SUPREME COURT
1. !R&D&-$ /urisdiction over cases involving ambassadors, other public ministers and consuls;
petitions for certiorari, prohibition, mandamus, +uo warranto and habeas corpus @concurrent with
R"CC.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, final /udgments of lower courts in.
a. Cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, decree, proclamation, order, instruction, ordinance or regulation is in
question;
b. Cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed
thereto;
c. Cases involving the jurisdiction of lower courts;
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher;
e. All cases in which only an error or question of law is involved.
1URISDICTION OF THE COURT OF APPEALS
1. !R&D&-$ /urisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and
+uo warranto, and au8iliary writs or processes, whether or not in aid of its appellate /urisdiction
@concurrent with )C and R"CsC
2. #EC$()&5# original /urisdiction over actions for annulment of /udgments of R"Cs.
1. #EC$()&5# appellate /urisdiction over all final /udgments, decisions, resolutions, orders or
awards of R"Cs and 9uasi</udicial agencies, bodies, or commissions, ",C"-T those which fall
within the appellate /urisdiction of the )C, namely.
a. C!3#$#C;
b. Commission on -udit;
c. )andiganbayan.
1URISDICTION OF THE REGIONAL TRIAL COURTS
&. !R&D&-$
-. C&5&$ C-)#)
1. Cases where the sub/ect of the litigation is incapable of pecuniary estimation;
2. &nvolving the title to, or possession of, real property, or any interest therein, where the
assessed value of the property involved e8ceeds 62B,BBBK 6:B,BBB, ",C"-T actions for
forcible entry and unlawful detainer.
1. -ll actions in admiralty and maritime /urisdiction where the demand or claim e8ceeds
62BB,BBBK62BB,BBB;
2. 6robate proceedings, both testate and intestate, where the gross value of the estate
62BB,BBBK62BB,BBB;
:. &n all actions involving the contract of marriage and marital relations;
A. &n all cases not within the e8clusive /urisdiction of any court, tribunal, person or body
e8ercising /urisdiction;
G. &n all civil actions and special proceedings falling within the e8clusive original
/urisdiction of a +uvenile and ,omestic Relations Court and of the Court of -grarian
Relations as now provided by law; and
F. &n all other cases in which the demand, e8clusive of interest, damages of whatever kind,
attorneyQs fees, litigation e8penses, and costs or the value of the property in controversy
e8ceeds 62BB,BBBK62BB,BBB;
;. CR&3&-$ C-)#)
-ll criminal cases not within the e8clusive /urisdiction of any court, tribunal, or body
",C"-T those within the /urisdiction of the )andiganbayan, where the penalty e8ceeds A
years imprisonment irrespective of fine, or if only a fine is imposable, e8ceeds 6A,BBB,
regardless of the amount of civil liability.
36
Man8ano vs. .alera
R.-. GAH1 places /urisdiction over criminal cases where the penalty is A years or
less with the 3"Cs. $ibel is punishable by prision correcional in its minimum and
medium periods and prision correcional has a range from si8 months and one day to si8
years. ! the other hand, -rt. 1AB of the R6C gives /urisdiction over libel cases to the
C*& @now R"CC. "he latter is a special law which must prevail over general laws.
3oreover, from the provisions of R.-. GAH1, there seems to be no manifest intent to
repeal or alter the /urisdiction in libel cases. "hus, R"Cs still have /urisdiction over libel
cases.
&&. -66#$$-"#
-ll cases decided by the lower courts @3"CsC in their respective territorial /urisdictions.
!T"# no trial de novo; case is decided on the basis of decision and supporting affidavits.
1URISDICTION OF THE FAMILY COURTS (R.A. 8369)
*amily Courts shall have e8clusive original /urisdiction to hear and decide the following cases.
1. Criminal cases where.
a. !ne or more of the accused is below eighteen @1FC years of age but not less than nine @HC years
of age, !R
b. !ne or more of the victims is a minor at the time of the commission of the offense.
-rovided$ "hat if the minor is found guilty, the court shall promulgate sentence and ascertain any
civil liability which the accused may have incurred. "he sentence, however, shall be suspended
without need of application pursuant to the RChild and 7outh 0elfare CodeR;
2. 6etitions for guardianship, custody of children, habeas corpus in relation to the latter;
1. 6etitions for adoption of children and the revocation thereof;
2. Complaints OforP.
a. -nnulment of marriage
b. ,eclaration of nullity of marriage
c. "hose relating to marital status and property relations of.
i. 4usband and wife !R
ii. "hose living together under different status and agreements, -,
d. 6etitions for dissolution of con/ugal partnership of gains;
:. 6etitions for support andKor acknowledgment;
A. )ummary /udicial proceedings brought under the provisions of the R*amily Code of the
6hilippinesR;
G. 6etitions for.
a. ,eclaration of status of children as
i. -bandoned
ii. ,ependent !R
iii. eglected children
b. 5oluntary or involuntary commitment of children;
c. "he suspension, termination, or restoration of parental authority and other cases cogni%able
under RChild and 7outh 0elfare CodeR, #8ecutive !rder o. :A, @)eries of 1HFAC, and other
related laws;
F. 6etitions for the constitution of the family home;
H. Cases against minors cogni%able under the ,angerous ,rugs -ct, as amended;
1B. 5iolations of Republic -ct o. GA1B, otherwise known as the R)pecial 6rotection of Children
-gainst Child -buse, #8ploitation and ,iscrimination -ct,R as amended by Republic -ct o.
GA:F; and
11. Cases of domestic violence against.
a. 0omen
37
0hich are acts of gender based violence that results, or are likely to result in physical,
se8ual or psychological harm or suffering to women; and other forms of physical abuse
such as battering or threats and coercion which violate a womanQs personhood, integrity
and freedom of movement; -,
b. Children
0hich include the commission of all forms of abuse, neglect, cruelty, e8ploitation,
violence, and discrimination and all other conditions pre/udicial to their development.
&f an act constitutes a criminal offense, the accused or batterer shall be sub/ect to criminal
proceedings and the corresponding penalties.
&f any 9uestion involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
,ecisions and orders of the court shall be appealed in the same manner and sub/ect to the
same conditions as appeals from the ordinary Regional "rial Courts.
1URISDICTION OF THE MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL COURTS AND THE
MUNICIPAL CIRCUIT TRIAL COURTS
-. C&5&$ C-)#)
1. Civil actions and probate proceedings, testate and intestate, including the grant of provisional
remedies where the demand, e8clusive of interest, damages, attorney?s fees and costs, does not
e8ceed 61BB,BBBK2BB,BBB.
2. #8clusive original /urisdiction over cases of forcible entry and unlawful detainer; issue of
ownership resolved only to determine issue of possession.
-fter lapse of 1 year, 3"C loses /urisdiction, and case becomes one for recovery of
possession de (ure @accion publicicanaC, although 3"C may still have /urisdiction if
value of property does not e8ceed 62B,BBBK:B,BBB.
3. -ctions involving personal property valued at not more than 61BB,BBBK2BB,BBB.
4. -ctions involving title or possession of real property where the assessed value doe not e8ceed
62B,BBBK:B,BBB.
5. &nclusionKe8clusion of voters.
;. CR&3&-$ +(R&),&C"&!
1. 5iolations of city or municipal ordinances.
2. -ll offenses punishable with not more than A years imprisonment, irrespective of fine, or a
fine of not more than 6A,BBB, regardless of civil liabilities and accessory penalties.
SUMMARY PROCEDURE
&. C-)#) -66$&C-;$#
-. C&5&$ C-)#)
1. -ll cases of forcible entry and unlawful detainer irrespective of amount of damages or
unpaid rentals; without 9uestion of ownership; attorney?s fees not e8ceeding 62B,BBB if
9uieting of ownership; resolved to determine 9uestion of possession.
2. !ther civil cases ",C"-T probate proceedings, where the total amount of the claim does
not e8ceed 61B,BBB, e8clusive of interest and cost.
;. CR&3&-$ C-)#)
1. 5iolation of traffic laws, rules, regulations
2. 5iolation of rental laws
1. 5iolations of city or municipality ordinances
2. -ll other criminal cases where the penalty does not e8ceed A months or a fine of 61BBB or
both
:. ,amage to property through criminal negligence where the fine does not e8ceed 61B,BBB.
&&. 6R!4&;&"#, 6$#-,&D) -, 3!"&!)
38
1. 3otion to dismiss or 9uash ",C"-T for lack of /urisdiction over sub/ect matter or failure to
comply with 6atarungang -ambarangay @$DCC re9uirements
2. 3otion for bill of particulars
1. 3otions for new trial, reconsideration, re<opening
2. 6etition for relief from /udgment
:. 3otion for e8tension of time to file pleadings, affidavits
A. 3emoranda
G. 6etition for certiorari, mandamus, and prohibition against any interlocutory order issued by
the court
F. 3otion to declare defendant in default
H. ,ilatory motion for postponement
1B. Reply
11. "hird<party complaints
12. 3otion for intervention
1URISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB)
#EC$()&5# /urisdiction over
1. (nsound real estate business practices
2. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer
against the pro/ect owner, developer, dealer, broker, or salesman
3. Cases involving specific performance of contractual and statutory obligations filed by buyers of
subdivision lots or condominium units against the owner, developer, dealer, broker, or salesman
1URISDICTION OF THE KAA!"#$A#$ %A&'A!A#$A( (UNDER THE LOCAL GOVERNMENT CODE OF
1991)
1. o complaint, petition, action or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government office for ad/udication, unless.
a. "here has been a confrontation between the parties before the lupon chairman or pang)at,
-,
b. "hat no conciliation or settlement has been reached as certified by the lupon9pang)at secretary
as attested to by lupon chairman or pang)at chairman, or unless such settlement has been
repudiated by the parties thereto
2. %isputes sub(ect to Conciliation Re+uirement# -ll disputes between parties actually residing in the
same city or municipality
4!0#5#R, the court in which non<criminal cases not falling within the authority of the
$upon may, at any time before trial, refer the case to the lupon for amicable settlement.
1. #EC#6"&!) "! C!C&$&-"&! R#'(&R#3#" @)C Circular 12<H1C
a. 0here one party is the government, or any subdivision or instrumentality thereof;
b. 0here one party is a public officer or employee, and the dispute relates to the performance of
his official functions;
c. 0here the dispute involves real properties located in different cities and municipalities, unless
the parties thereto agree to submit their difference to amicable settlement by an appropriate
*upon;
d. -ny complaint by or against corporations, partnerships or /uridical entities, since only
individuals shall be parties to 'arangay conciliation proceedings either as complainants or
respondents @)ec. 1, Rule 5&, 6atarungang -ambarangay RulesC;
e. ,isputes involving parties who actually reside in barangays of different cities or
municipalities, ",C"-T.
i. 0here such barangay units ad/oin each other, -,
ii. "he parties thereto agree to submit their differences to amicable settlement by an
appropriate *upon;
39
f. !ffenses for which the law prescribes a ma8imum penalty of imprisonment e8ceeding one @1C
year or a fine over five thousand pesos @6:,BBB.BBC;
g. !ffenses where there is no private offended party;
h. ,isputes where urgent legal action is necessary to prevent in/ustice from being committed or
further continued, specifically the following.
i. Criminal cases where accused is under police custody or detention;
ii. 6etitions for habeas corpus by a person illegally deprived of his rightful custody over
another or a person illegally deprived of his liberty or one acting in his behalf;
iii. -ctions coupled with provisional remedies such as preliminary in/unction, attachment,
delivery of personal property and support during the pendency of the action; -,
iv. -ctions which may be barred by the )tatute of $imitations.
i. -ny class of disputes which the 6resident may determine in the interest of /ustice or upon the
recommendation of the )ecretary of +ustice;
/. 0here the dispute arises from the Comprehensive -grarian Reform $aw @C-R$C @)ections.
2A I 2G, R.-. AA:GC;
k. $abor disputes or controversies arising from employer<employee relations @Montoya vs.
"scayo$ et al., 1G1 )CR- 222; -rt. 22A, $abor Code, as amended, which grants original and
e8clusive /urisdiction over conciliation and mediation of disputes, grievances or problems to
certain offices of the ,epartment of $abor and #mploymentC;
l. -ctions to annul /udgment upon a compromise, which may be filed directly in court.
2. 5#(# !* 6R!C##,&D).
Situation Venue
6arties reside in same barangay "hat barangay
6arties reside in different barangays 'arangay where respondent, or any of the
respondents, actually resides, at the option of the
complainant
,isputes involving real property or interest therein 'arangay where property is situated
,isputes arising at the workplace where the
contending parties are employed, or at the
institution where such parties are enrolled for study
'arangay where such workplace or institution is
located
!b/ections to venue shall be raised in the mediation proceedings before the punong barangay;
otherwise, they are deemed waived. $egal 9uestions confronting the punong barangay which
might arise in resolving such ob/ections are to be submitted to the )ecretary of the ,!+, whose
ruling shall be binding.
:. #**#C" !* !<C!36$&-C#.
a. ,ismissal upon motion of defendants for failure to state cause of action or prematurity; !R
b. )uspension of proceedings upon petition and referral of case motu proprio to appropriate
barangay authority.
A. 6R!C#,(R# *!R -3&C-;$# )#""$#3#".
a. Complainant pays appropriate filing fees, and shall complain, orally or in writing, to the lupon
chairman of the barangay;
b. *upon chairman shall make attempts at mediation; if he fails within 1: days from date of first
meeting, he shall set a date for the constitution of a pang)at ng tagapagsundo @1 members;
chosen by the parties from the list of the members of the luponC
c. -ang)at shall have power to issue summons, and shall hear both parties and their witnesses,
and attempt to arrive at an amicable settlement. &t shall arrive at said settlement or resolution
of the dispute within 1: days from the day it convenes.
,uring the period while the dispute is under mediation, the prescriptive periods for offenses,
and for causes of action shall be interrupted upon filing of the complaint with the punong
barangay. )aid interruption shall not e8ceed AB days from said filing.
40
&n all proceedings, parties must appear in person without the assistance of counsel or
representatives, ",C"-T for minors and incompetents who may be assisted by their ne8t<of<
kin who are not lawyers.
G. -micable settlement shall have the force and effect of a final /udgment upon the e8piration of 1B
days from its date, unless.
a. &t is repudiated, or
Repudiation must be done within 1B days, by filing a sworn statement with the lupon
chairman;
"he grounds for repudiation are vitiation of consent by fraud, violence or intimidation;
)uch repudiation is a sufficient basis for the issuance of a certification for filing a
complaint with the court.
b. - petition to nullify the settlement is filed in the proper city or municipal court
"he above does not apply to cases not within /urisdiction of the lupon but submitted to it.
&n this case, the compromise agreed upon by the parties before the luponKpangkat chair
shall be submitted to the court and upon approval thereof, shall have the force and effect
of a /udgment of said court.
F. #E#C("&! !* -3&C-;$# )#""$#3#".
a. 0ithin A months from date of settlement. by the lupon.
b. "hereafter, by action in the appropriate city of municipal court
H. C#R"&*&C-"&! !* '&R&3&0 -("4!R&"&#) @for filing a complaint in courtC shall be issued only
upon complying with the following re9uirements.
a. &ssued by lupon secretary and attested by lupon chairmanK punong barangay, that
confrontation took place and conciliation settlement was reached, but subse9uently
repudiated.
b. &ssued by pang)at secretary and attested by pang)at chairman, that.
i. "here was a confrontation but no settlement; !R
ii. "here was no personal confrontation without any fault on the part of the complainant.
c. &ssued by the -unong 'arangay, as re9uested by the proper party, on the ground of failure of
settlement, where the dispute involves members of the same indigenous cultural community,
which shall be settled in accordance with the customs and traditions of that particular cultural
community, or where one or more of the parties to the aforesaid dispute belong to the minority
and the parties mutually agreed to submit their dispute to the indigenous system of amicable
settlement, and there has been no settlement as certified by the datu or tribal leader or elder, to
the -unong 'arangay of the place of settlement
&f mediation or conciliation proved unsuccessful before punong barangay there having been
no agreement to conciliate, !R respondent failed to appear before punong barangay, -unong
'arangay shall not issue the certification @because now mandatory for him to constitute the
-ang)at before whom mediation, conciliation, or arbitration proceedings shall be held.C
1URISDICTION OF THE SANDIGANBAYAN
-. !R&D&-$
1. 5iolations of.
a. =-nti<Draft and Corrupt 6ractices -ct>;
b. R.-. 11GH @=-n -ct ,eclaring *orfeiture in *avor of the )tate of -ny 6roperty *ound to
4ave ;een (nlawfully -c9uired ;y -ny 6ublic !fficer or #mployee and 6roviding for
the 6roceedings "herefor>C; or
c. "itle 5&&, Chapter &&, L 2 of the R6C @i.e.$ -rticles 21B<212 of R6CC
0here one or more of the principal accused are officials occupying the following
positions in the government, whether in a permanent, acting or interim capacity, at the
time of the commission of the offense.
i. !fficials of e8ecutive branch occupying positions classified as Drade 2G or higher
ii. 3embers of Congress and officials thereof classified as Drade 2G or higher
41
iii. 3embers of the +udiciary, without pre/udice to the provisions of the Constitution @on
impeachmentC
iv. Chairmen and members of the Constitutional Commissions, without pre/udice to the
provisions of the Constitution
v. -ll other national and local officials classified as Drade 2G or higher; or
2. !ther offenses or felonies, committed by public officials and employees mentioned in S1, in
relation to their office, whether simple or comple8ed with other crimes
1. Civil and criminal cases filed pursuant to and in connection with #8ecutive !rder os. 1, 2,
12 and 12<-.
;. -66#$$-"#
&f none of the principal accused are occupying positions of grade 2G or higher, original /urisdiction
will be with either the 3"C or R"C; ); will e8ercise e8clusive appellate /urisdiction on said
cases.
"he procedure prescribed in ;6 ;lg. 12H, as well as the implementing rules that the )upreme
Court has promulgated and may hereafter promulgate, relative to appealsKpetitions for review
to the Court of -ppeals shall apply to appeals and petitions for review filed with the
)andiganbayan.
C. !"#).
1. 6rivate individuals charged as co<principals, accomplices or accessories with the public
officers or employees shall be tried /ointly with said public officers and employees in the
proper courts
2. -ny provisions of law or Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and /ointly determined in, the
same proceeding by the )andiganbayan or the appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall be recogni%ed.
1. ,ecisions of the )andiganbayan.
a. -ppealable to the )C by petition for review on certiorari raising pure 9uestions of law in
accordance with Rule 2: of the Rules of Court;
b. &f ); imposes penalty of reclusion perpetua or higher, the decision shall be appealable to
the )C by otice of -ppeal;
c. &f penalty imposed is death, review by the )upreme Court shall be automatic, whether or
not the accused filed an appeal.
REMEDIAL LAW DEFINITIONS/CONCEPTS
1URISDICTION AND VENUE DIFFERENTIATED
1URISDICTION VENUE
-uthority to hear and determine a case CourtKplace where the case is to be tried and heard
- matter of substantive law - matter of procedural law
*i8ed by law and cannot be conferred by the parties 3ay be conferred by the act or agreement of the
parties
#stablishes a relation between the court and sub/ect
matter
#stablishes a relation between plaintiff and
defendant, or petitioner and respondent
CLASSIFICATIONS OF 1URISDICTION
1. 3eneral vs. Specific9*imited.
3eneral < power to ad/udicate all controversies ",C"-T those e8pressly withheld from the plenary
powers of the court
42
Specific/Limited - restricted to particular cases and subject to such limitations as may be provided
by the governing law
2. !riginal vs. &ppellate
!riginal power of the court to take /udicial cogni%ance of a case instituted for /udicial action for
the first time
&ppellate authority of a court higher in rank to ree8amine the final order or /udgment of a lower court
which tried the case now elevated for /udicial review
1. "xclusive vs. Concurrent
"xclusive power to ad/udicate a case or proceeding to the e8clusion of all other courts at that stage
Concurrent also known as confluent or coordinate /urisdiction; power conferred upon different
courts, whether of the same or different ranks, to take cogni%ance at the same state of
the same case
!T"#
Deneral Rule. +urisdiction, once ac9uired, continues until the case is finally terminated.
"xceptions#
1. 0hen a subse9uent law provides a prohibition for the continued e8ercise of /urisdiction;
2. 0here the law penali%ing an act is punishable is repealed by a subse9uent law;
1. 0hen accused is deprived of his constitutional right such as where the court fails to
provide counsel for the accused who is unable to obtain one and does not intelligently
waive his constitutional right;
2. 0here the statute e8pressly provides, or is construed to the effect that it intended to
operate as to actions pending before its enactment;
:. 0hen the proceedings in the court ac9uiring /urisdiction is terminated, abandoned or
declared void;
A. !nce appeal has been perfected.
CLASSIFICATION OF ACTIONS
1. Real$ personal and mixed
Real brought for the protection of real rights, land, tenements, or one founded on privity of estate
only
-ersonal not founded upon the privity of real rights or real property
Mixed brought for protection or recovery of real property and also for an award for damages
sustained
2. 2n rem$ in personam$ and +uasi in rem
2n rem not directed against particular persons but against the thing itself; ob/ect is to bar indifferently
all who might be minded to make ob/ection against the right sought to be enforced; hence,
/udgment is binding upon the whole world @e.g.$ land registration; special proceedingsC
2n personam directed against particular persons on the basis of their personal liability to establish a
claim against them; /udgment is binding only upon the parties impleaded and their
successors in interest @e.g., action for breach of contractC
:uasi in rem directed against particular persons, but the purpose of which is to bar and bind not only
said persons but any other person who claims any interest in the property or right
sub/ect of the suit @e.g. action for /udicial foreclosure of mortgageC
1. Transitory vs. local
Transitory one the venue of which depends generally upon the residence of the parties, regardless of
where the cause of action arose @e.g., personal actionsC
*ocal one re9uired by the Rules to be instituted in a particular place in the absence of an agreement
to the contrary @e.g.$ real actionsC
K)#*+ ,- %A!).+
1. Real party in interest 1 person having an interest in the sub/ect of the action and in obtaining the
relief demanded.
43
2. 2ndispensable party 1 a person without whom no final determination can be had of an action.
1. -roper party 1 a person who is not indispensable but should be included if complete relief is to
be accorded as between those already parties.
2. -ro forma party 1 a husband or wife who is re9uired to be /oined in suits by or against his spouse
:. :uasi;parties 1 those in whose behalf a class or representative suit is brought; parties not
initiallyK formally impleaded as original parties but later bind themselves to
comply with the terms of a /udgment or compromise rendered therein.
PLEADINGS
-leading written allegation of the parties of their respective claims and defenses submitted to the
court for trial and /udgment.
KINDS OF PLEADINGS
1. C!36$-&" concise statement of the ultimate facts constituting the plaintiff?s cause or causes of
action.
2. -)0#R pleading where an adverse party sets forth negative and affirmative defenses upon
which he relies.
a. egative %efense specific denial of a fact alleged.
b. &ffirmative %efense an allegation of new matter which, though admits the material
allegations of the complaint, nevertheless prevents recovery.
1. C!("#RC$-&3 any claim for money or other relief which a party may have against an
opposing party.
a. Compulsory Counterclaim one arising out of or is necessarily connected with the sub/ect
matter of the claim @e.g.$ recoupmentC.
b. -ermissive Counterclaim does not arise or is not connected with the sub/ect matter of the
claim @e.g.$ set<offC.
2. CR!)) C$-&3 claim by one party against a co<party arising out of a transaction or occurrence
which is the sub/ect matter of the action or counterclaim.
:. R#6$7 a pleading that denies or alleges facts in denial of new matters alleged by way of defense
in the answer with the purpose of /oining the issues as to such new matters.
A. "4&R,<6-R"7 C!36$-&" a claim which a defending party may file against a person not a
party to the action for contribution, indemnity, subrogation or
any other relief.
OTHER DEFINITIONS
Specific %enial 1 specific allegation of the fact the truth of which he does not admit and setting
forth the substance of the matter relied upon to support the denial !R allegation
of lack of knowledge or information sufficient to form a belief as the truth of the
averment.
egative -regnant 1 a form of denial where only the 9ualification or modification of the fact
alleged is denied while the fact itself is admitted.
Summons 1 an order directed to a defendant in the name of the court and under its seal directing that
the defendant answer the complaint upon failure of which /udgment will be taken.
Motion application for an order not included in the /udgment.
Subpoena process directed to a person re9uiring him to attend and to testify at a hearing or the
trial or to bring with him any book or thing under his control.
%emurrer to "vidence a motion to dismiss based on insufficiency of evidence of the
prosecution.
-reliminary &ttachment an order of the court granted at the commencement of the action or at
any time before entry of /udgment to sei%e the property of the debtor in
advance of final /udgment to hold it for the purpose of satisfying the
/udgment.
-reliminary 2n(unction 1 an order granted at any stage of an action prior to the /udgment or final
order re9uiring a person to refrain from a particular act.
44
-reliminary Mandatory 2n(unction 1 an order re9uiring the performance of a particular act.
Criminal Complaint 1 sworn written statement charging a person with an offense subscribed by
an offended party, peace officer, or other public officer.
2nformation 1 an accusation in writing charging a person with an offense subscribed by the fiscal
and filed with court.
-reliminary 2nvestigation an in9uiry or proceeding for the purpose of determining whether
there is sufficient ground to engender a well<founded belief that a
crime has been committed and that the respondent is probably guilty
thereof.
&rrest 1 taking a person into custody in order that he may be bound to answer for the commission of an
offense.
'ail the security for the release of a person in custody of the law furnished by him or a bondsman
conditioned upon his appearing before any court as re9uired under the condition hereinafter
specified.
-roperty 'ond 1 an undertaking constituted as lien on the real property given as security for the
amount of bail.
45
C&5&$ 6R!C#,(RE
$#"Q) )"-R" -" "4# 5#R7 ;#D&&D
-ngel of Dod, my Duardian dear
"o 0hom 4is $ove entrusts 3e here
#ver this day, be at my side
"o $ight and Duide, to Rule and Duard
-men
%2SC*&2M"R# This is not authoritative since this
is based solely on the lecture notes$ hence the
fre+uent <2Ts =what is this>? !T"# all <!R%
3&M"S are not formal definitions but word for
word transcriptions of *@s mind maps. 5ence$
these are practical definitions (ust to (uggle your
memory according to S2r@s mental outline
D&$$&-, & - ,&**#R#" 5!&C#.
+ake. Rule ;ased on 6rinciple ;ased
Resolution. -pply the law, and make allowances
for mistakes in the law. )ituation does not create
the rule.
-my. Relational K Consensual K
6rocessional ;ased Resolution
C-$&*!R&- *#,#R-$ )-5&D) -,
$!- 5. D(#RR-. &ssue. Re. 1HGF California
legislation re. )tate mandated employee benefits
but not for other temporary disabilities. )ingle
mother lost her /ob as a receptionist after her
maternity leave, and as a result of her
unemployment, lost custody of her daughter.
3other filed case to enforce maternity
benefits. employer challenged statute as
inconsistent with *ederal 6regnancy
,iscrimination -ct @6,-C which treats pregnancy
as similar with other temporary disabilities for
employment purposes.
-C$( ;R&#*.
#limination of pregnancy<based
distinctions valid re. employment purposes since
protectionist laws tend to promote stereotype of
female childbearers and caregivers, and deter
employers from hiring them or putting them in
more responsible positions; they make women
appear as more e8pensive, less reliable employees.
;y making pregnancy comparable to other
temporary physical conditions, Congress directs
attention away from debilitating stereotypes and
focus attention on workersQ need for disability leave
itself. ;enefits should be provided on a gender<
neutral basis.
C!-$&"&! *!R R#6R!,(C"&5#
#'(-$&"7 ;R&#*.
"hough leave policies that are gender<neutral may
affect the employment interests of both se8es, such
policies place an additional burden on females with
the fundamental non<employment right of
procreative choice.
"he law in 9uestion reduces the discriminatory
impact of inade9uate leave policies on womenQs
procreative rights, while conferring no special
benefit on any group of employees, and imposing
no special burden on others.
"here is no inconsistency between the federal lawQs
goal of removing artificial barriers to e9ual
employment opportunity between the se8es, and
the California statuteQs effect of e9uali%ing male
and female employeesQ ability to e8ercise
procreative choice wKo /eopardi%ing their /obs.
3#J#$. 6!R"&- & - ,&**#R#" 5!&C#.
Re. DillianQs observations about 3K*
differences in moral reasoning re. structure of
legal system, practice of law, creation of laws, legal
reasoning and law as part of the decision<making
process; 2 9uestions.
1. 4ow has the e8clusion, or at least the
devaluation of womenQs voices affected the choices
made in the values underlying our current legal
structuresM @5alue systemC
2. &s there another set of values within
e8isting legal structuresM
(sually, tendency for one set of characteristics to
mitigate the e8cesses of the other, therefore the
harshness of law produced the fle8ibility of e9uity,
and the abuse of fle8ibility gave rise to rules of law
to limit discretion. )till, the tendency for male<
dominated or male<created forms and values to
control.
RULE 1
Purpose of Rules
Alonzo v. Villamor, 1A 6hil 11:, 121<122
Facts. ,efendant members of the 3unicipal ;oard
took over certain church I personal properties on
the ground that the buildings were erected on the
land owned by the municipality I therefore the
municipality can administer I collect the revenues.
"he C*& granted recovery of the properties. !ne of
the arguments posed by the defendants was that *r.
-lonso, the parish priest, was not the real party<in<
interest but rather the ;ishop of the diocese.
Held. "he property in 9uestion at the time it was
taken was Church property. &t is undoubted that the
;ishop is the real party. ;ut by Code of Civil
46
6rocedure L1B, cts. are authori%ed I directed to
allow a party to amend any pleading or proceeding
at any stage of the action, in furtherance of /ustice.
L :B1 prohibits the reversal of any /udgment on
merely formal or technical grounds or for such
error as has not pre/udiced the rights of the
e8cepting party, "he error in C-; is purely
technical. "he plaintiff has asserted all throughout
that he is prosecuting the case not for himself but
for the ;ishop. )ubstantially, no one is deceived.
)ubstitution is not substantial but formal I mere
defect in form cannot possibly pre/udice so long as
the substantial is clearly evident.
-$!T! 5 5&$$-3!R. mis/oinderKnon<
/oinder of parties not ground for dismissal. 3ust
allege lack of cause of action
-mendment allowed for matters of form;
therefore, if parties ac9uiesce during trial, there
may be no need for formal lesson.
$esson in -$!T!. &f rules are clear, apply; if
there is ambiguity, constr:uct so that there is
/ustice for all
1urisdiction
;6 ;lg. 12F
R- o. GAH1
R- o. F1AH
1avier v. CA, 214 SCRA 572 (1992)
Facts. +avier filed a case vs. +ebsens 3aritime, &nc.
in R"C 3akati to avail of death benefits when her
husband drowned off the coast of )pain. +3&?s new
counsel instead of continuing the trial filed a
3otion to ,ismiss @3",C on the ground that it is
the 6!#- that has /urisdiction. R"C denied. +3&
failed to appear at the hearing I R"C declared
them as having waived right to cross<e8amine.
3otion for Reconsideration was denied. +3&
successfully appealed to C-. +avier?s 3*R was
denied.
Held. #! 22G L1 @dC provides that the 6!#- shall
have e8clusive I original /urisdiction to hear I
decide all claims arising out of an ##<#R relation
or by virtue of any law or contract involving
*ilipino workers for overseas employment.
+avier?s? contention that +3& is estopped fr.
assailing the /urisdiction of the R"C considering
that the latter had actively participated in the
proceedings before said ct. is unavailing since +3&
had raised the 9uestion of /urisdiction in the R"C.
"he doctrine of estoppel cannot be properly
invoked by +avier despite the participation of +3&
at the initial stages of the trial proceedings as the
issue of /urisdiction may be raised at any time I at
any stage of the action.
+-5&#R 5 C-. ,octrine of 6rimary
-dministrative +urisdiction. file original and
e8clusive /urisdiction of administrative tribunal,
even if possible to lead /urisdiction in both.
#8haustion of administrative remedies is to give a
chance for administrative functions to work.
Santos v. NW, 210 SCRA 256 (1992)
Facts. )antos was bumped off his flight back to
the ()- despite confirmation. 4e sued in the
3akati R"C for damages. 0!- filed a 3", for
on the ground of lack of /urisdiction citing the
0arsaw Convention -rt. 2F@1C wKc states that the
complaint could be instituted only in the territory
of one of the 4igh Contracting 6arties, before. @1C
the ct. of the domicile of the carrier; @2C the ct. of
the principal place of business; @1C the ct. where it
has a place of business thru wKc the contract had
been made; I @2C the ct. of the place of destination.
"he suit was not filed in any of these places.
Held: "he 0arsaw Convention applies to all
international transportation cases. - number of
reasons tends to support the characteri%ation of -rt.
2F @1C as a /urisdiction I not a venue provision.
*irst, the wording of -rt. 12, wKc indicate the
places where the actin for damages must be
brought underscores the mandatory nature of -rt.
2F @1C. )econd, this characteri%ation is consistent
wit one of the ob/ectives of the Convention wKc is
to regulate in a uniform manner the condition of
international transportation by air. "hird, the
Convention does not contain any provision
prescribing rules on /urisdiction other than -rt. 2F
@1C wKc means that the phrase =rules of /urisdiction>
used in -rt. 12 must refer only to -rt. 2F @1C. &n
fact, the last sentence of -rt. 12 specifically deals
wK the e8clusive enumeration in -rt. 2F @1C as
/urisdictions wKc as such cannot be left to the will
of the parties regardless of the time when the
damage occurred. "he Constitutional right on free
access to cts. refers to cts. wK /urisdiction over the
suit. "he place of destination as determined by the
contract is the ultimate destination wKc is )an
*rancisco, not 3anila. ,omicile is where 0!-
is incorporated. &mportant is the distinction
between the country where the principal place of
business is located I the country in wKc it has a
place of business thru wKc the particular contract in
9uestion was made.
)-"!) 5 !R"40#)".
+urisdiction. 2 meanings. aC place of filing and bC
level of court. CanQt be changed, set by law.
5enue. 6lace of filing. Can be changed by consent
of parties sub/ect to pertinent rules.
&n the case at bar, the source of law is treaty, not
contract. "herefore, /urisdiction set by law.
5enue prescribed by process or Rules of Court
@what does this meanMC
"he difference between /urisdiction and venue.
$ook at aC conse9uence and bC source of law
Lopez v. NW, 223 SCRA 469
Facts. $ope% was bumped off her flight to ew
7ork by orthwest. )he filed a complaint for
breach of contract of carriage wK damages, alleging
bad faith on the part of the airline. 0 filed 3",
on the ground that the R"C had no /urisdiction
under the 0arsaw Convention. R"C I C- denied.
-rt. 2F @1C prescribes venue for actions under -rts.
1G<1H I does not cover carrier?s bad faith in
absolutely refusing to comply wK contract of
carriage; off<loading, I bumping off is not covered
under the 0arsaw Convention. -ppeal in the )C
failed. -fter trial on the merits, R"C directed
parties to submit their respective memoranda for
decision 1B days I it e8pired *eb. 12, 1HH2. !n
+uly, 0 filed 3", after )C ruling on Santos vs.
<. R"C granted.
47
Held. R"C had /urisdiction. &t is not clear whether
the complaint contains the allegation wKc may fall
wKin -rt. 2F @1C. 0hat is clear is that 0 did not
ob/ect to R"C?s order to submit evidence I declare
case submitted for decision pursuant to 1HFG
Consti, -rt. F, )ec. 1:, os. 1 I 2. "C had HB days
fr. *eb. 1: to decide wKc was the only thing left for
it to do. ;7 virtue of the )C?s resolution, R"C had
prima facie /urisdiction. &t was also not established
that the facts in Santos were substantially the same.
;esides, posterior changes in )C doctrines cannot
be retroactively applied to nullify a prior )C ruling.
+urisdiction continues until termination. 0hile
/urisdiction over sub/ect matter may be raised at
any time, party may be barred on ground of
lachesKestoppel.
Bulao v. CA, 218 SCRA 321 (1992)
Facts. )antiago ;elle%a sued 4onorio ;ulao for
damages in 3u"C for having built a dam on an
irrigation canal, causing the waterflow to divert to
;elle%a?s land, resulting into crop damage. ;ulao
filed a 3", on the ground that R"C had
/urisdiction < denied. 4e then argued that it was the
ational 0ater Resources Council that had
/urisdiction < denied. 3u"C declared ;ulao in
default I ruled for ;elle%a. ;ulao appealed to the
R"C <denied.
Held: 3u"C had /urisdiction. ;ut to resolve this,
determine first the nature of the action. "his can be
ascertained fr. the ultimate facts averred in the
complaint constituting the C!-. -llegations in the
complaint determine the nature of the action I
conse9uently the /urisdiction of the cts.. &t is clear
fr. a reading of the complaint that it is an action for
damages predicated on 9uasi<delict -lthough the
title of the complaint @=,amages>C is not
necessarily determinative of the nature of the
action, it would nevertheless indicate that what was
contemplated was an action for damages.
-llegations of the facts set forth in the complaint I
not the prayer for relief determine the nature of the
action.
;($-! 5 C-. "he wonderful thing about the
servientQs estateQs complaint was the allegation that
the dominant estate Rmaliciously put a damR and
this phrase placed it within the courtQs /urisdiction.
"o place the case within the ational 0ater
Resources Council @0RCCQs /urisdiction, allege
that dominant estate set up dam without a permit in
violation of 6, 1BAG and took control of the water,
in effect appropriated water illegally.
ame game. +urisdiction is prescribed by law and
ac9uired by court.
Tijam v. Sibonghanoy, 23 SCRA
Facts. "he "i/ams filed a civil case against the
)ibonghanoys for recovery of 61,HBB U interest.
"he )ibonghanoys filed an answer wK
counterclaim, to wKc the "i/ams filed a reply. "he
C*& Cebu ruled in the "i/am?s favor. - writ of
e8ecution was returned unsatisfied so the "i/ams
filed a motion for e8ecution against the 3anila
)urety I *idelity Co., wKc was denied due to lack
of demand. - demand later made was unsatisfied,
so the ct., upon motion, issued a writ of e8ecution.
-ppeal wK the C- failed. 3*R filed, alleging that
the C*& had no /urisdiction bec. 1 month before the
case was filed, R- H2A, or the +udicial
Reorgani%ation -ct of 1H2F, took effect, )ec. FF of
wKc places original I e8clusive /urisdiction in
inferior cts. over all civil actions where the value of
the sub/ect matter is 62". C- set aside decision
by certifying the case to the )C, wKc has e8clusive
appellate /urisdiction over all cases in wKc the
/urisdiction of inferior cts. is at issue.
Held: -lthough ob/ections to /urisdiction may be
raised at any stage of the proceedings, in the C-;,
it took almost 1: years before the )urety filed its
3", @1HA1C, raising lack of /urisdiction for the
first time. &t is now barred by laches. *rom the time
it became a 9uasi<party upon filing of a counter
bond in 1H2F, it could have raised the ob/ection.
&nstead, at several stages of the action, it invoked
the /urisdiction of said cts. to obtain an affirmative
relief. &t was only when the C- ruled adversely that
it finally raised the 9uestion of /urisdiction. )C
frowns upon the undesirable practice of a party
submitting his case for decision I then accepting
the /udgment only if it is favorable I attacking it
for lack of /urisdiction when adverse.
"&+-3 5 )&;!D4-!7. "he trial court, after
1: years, can act motu proprio and dismiss the case
for lack of /urisdiction. #stoppel by laches does
not apply to /udge.
Abalos v. CA, 30 April 1991
Facts. -balos spouses sued to recover possession
of a lot in 'ue%on City registered in their name.
"he s9uatters, against whom the action was filed,
lost the case in the 'C R"C so they appealed to the
C- on the ground that the R"C erred in not
dismissing the case for failure to comply wK the
Jatarungang ;arangay conciliation procedure. C-
granted.
Held: R"C had /urisdiction. 0hen the -balos
spouses filed their complaint, they placed 'C as
their address. ;ut they were able to change it to
Caloocan upon leave of ct. wKo the respondents
ob/ecting. "he re9uirement of conciliation cannot
be enforced since the property is in 'C, where the
respondents reside, while the -balos spouses live
in Caloocan @6, 1:BF )ec. 2BC. Respondents
effectively waived their right when they failed to
ob/ect to the correction of the -balos? residence fr.
'C to Caloocan participated in the trial on the
merits. "he fact that they argued their case I
adduced their evidence amounts to a waiver of this
defense. !nce a party submits to the /urisdiction of
the ct. I participates in the trial on the merits, he
cannot thereafter, after an unfavorable /udgment,
take a total turnabout I say that compliance wK 6,
1:BF was not made.
-;-$!) 5 C-. Ruling @acc. to $C. -mendment
already happens implicitly when parties ac9uiesce
'. &s failure to undergo Jatarunggang
6ambaranggay a ground for dismissal for failure to
comply with condition precedentM
$. -balos fails to clarify this. *ormerly,
grounds for 3", in R!C Rule 1A provided
Rfailure to state a cause of actionR. ow clarified
48
by Revised R!C Rule 1A @/C which now states
Rfailure to comply with condition precedentR
!"#. &n this class, $ is synonymous with - in
' I -; but more often, he prefers to be '. -ll 's
are $s unless otherwise indicated
Galuba v. Laureta, 157 SCRA 627
LECTURE ON 1URISDICTION
R- F1AH. Changes /urisdiction for cases
+urisdiction, remedy, relief, cause of action, sub/ect
matter @what is thisMC
6lace. Rules prescribing place to file may not
necessarily refer to venue but to /urisdiction as well
62B"K6:B" << sub/ect matter
61BB"K62BB" << relief
&f allegations not co3plete, vulnerable to 3",
+udicial power. sum total of all courts comprising
the /udiciary power of /udicary of make decisions
on actual controversies.
+urisdiction. a particular court e8ercising power
over a specific controversy
Flores v. Mallare Philipps, 144 SCRA
Facts. -balos spouses sued to recover possession
of a lot in 'ue%on City registered in their name.
"he s9uatters, against whom the action was filed,
lost the case in the 'C R"C so they appealed to the
C- on the ground that the R"C erred in not
dismissing the case for failure to comply wK the
Jatarungang ;arangay conciliation procedure. C-
granted.
Held: R"C had /urisdiction. 0hen the -balos
spouses filed their complaint, they placed 'C as
their address. ;ut they were able to change it to
Caloocan upon leave of ct. wKo the respondents
ob/ecting. "he re9uirement of conciliation cannot
be enforced since the property is in 'C, where the
respondents reside, while the -balos spouses live
in Caloocan @6, 1:BF )ec. 2BC. Respondents
effectively waived their right when they failed to
ob/ect to the correction of the -balos? residence fr.
'C to Caloocan participated in the trial on the
merits. "he fact that they argued their case I
adduced their evidence amounts to a waiver of this
defense. !nce a party submits to the /urisdiction of
the ct. I participates in the trial on the merits, he
cannot thereafter, after an unfavorable /udgment,
take a total turnabout I say that compliance wK 6,
1:BF was not made.
*$!R#) 5 3-$$-R#<64&$&66). #8ample
where it is possible to allege facts in pleading that
gives rise to 2 causes of action. mis/oinder of
parties
$. lack cause of action a separate case @0&"MC
)trategy. file answer for 1st cause of action; file
3", for 2nd cause of action
C-$&3$&3 5 R-3&R#T. Res /udicata. bar by
prior /udgment @diff. *rom estoppelC
$. Deneral Rule. +urisdiction is conferred by law
and thus it can be raised at any point in the
proceedings even on appeal
"&+-3 rule. #stoppel by laches occurs when 2
re9uisites concur
a. passage of an unreasonable length of time
a. party sleep on its rights to make other party
believe that the former has abandoned his rights
"herefore, party canQt raise 9uestion of /urisdiction
if he is guilty of estoppel by laches
C-$&3$&3 rule. 0K party asked for affirmative
relief irrelevant; what matters is whether party was
led to believe that the other party slept on his
rights. - rule on e9uity.
Deneral Rule. Court can dismiss case for lack of
/urisdiction motu proprio
Ortigas & Co. v. CA 106 SCRA
Facts: !rtigas I Co. sold to 3a8imo ;elmonte a
piece of land. "erms. ;elmonte would be
considered a lessee until full payment I in case of
default he would be e/ected as trespasser or
unlawful detainer. ;elmonte failed to pay so an
action for unlawful detainer was field in the )an
+uan 3u"C, where !rtigas prayed that the
residential building constructed by ;elmonte be
forfeited in its favor. ;elmonte lost so he appealed
to the C*& Ri%al by filing an 3", under R!C 2B
)ec. 11 wKc, if granted, would in effect dismiss the
case I render /udgment by 3u"C invalid for lack
of /urisdiction. &t was denied but an appeal to the
C- set aside the 3u"C I C*& rulings. !n appeal,
the )C ruled that the issues were purely legal I
should have been brought directly to the )C, but it
proceeded to ad/udicate the case anyway as if
brought for the first time.
Held. 3u"C had /urisdiction according to the
ruling in /uentes A 3oter vs. MuBo8;-alma. -n
action for unlawful detainer, wKc is a summary
proceeding to wrest possession fr. one who has no
right thereto, is applicable only when the issue is
that of possession. -ccording to the +udiciary -ct
)ec. 22 @bC, the C*& has original /urisdiction in all
civil actions wKc involve title to or possession of
real property, e8cept actions of forcible entry I
detainer over lands or buildings where original
/urisdiction is conferred upon city or municipal cts..
"his case involves not merely right of possession
but also rights of ownership over the improvements
as indicated in the prayer. C*& should have
dismissed the case when its was brought on appeal
bec. it could only have entertained the same if the
parties did not ob/ect to nor raised the 9uestion of
/urisdiction.
Dy v. CA, 195 SCRA
Facts: Ramon Ro8as filed an e/ectment suit in the
3e"C 3akati vs. -ndres I Dloria ,y where he
won. ,ys appealed to the R"C, but failed. 3e"C
granted immediate e8ecution, so the ne8t day, the
)heriff I some policemen e/ected the ,ys by
throwing their belongings to the street. "hey filed a
motion to 9uashKrecall of the writ of e8ecution on
49
the ground that they had not received a copy of the
R"C decision. 3e"C denied. C- appeal failed.
Held: "here must first be copy of the R"C decision
served on the losing party before /udgment is
e8ecuted. Refer to R!C 1H )ec. 1, Rules on
)ummary 6rocedure )ec. 12 I ;6 12H )ec. 22.
6roof of service of copy of /udgment determines
whether or not the appeal period has lapsed. &f no
appeal was filed after the copy is served, then the
decision is immediately e8ecutory as a matter of
right. - petition for review by C- of R"C
/udgment may be filed only after notice of R"C
/udgment has been served on the losing party. &f no
notice was served, the losing party has no legal
remedy against an illegal /udgment nor does the
C- have the power to prevent the e8ecution of an
illegal order. 4owever, the ,ys cannot have the
relief prayed for since they failed to appeal after
they were served notice. othing is more settled
than the rule that in every litigation, the parties
thereto are entitled to due process, I if there is a
denial thereof, then the validity of the proceedings
is open to 9uestion.
Manchester Dev. Co. v. CA, 149 SCRA
Facts: 3,C filed a complaint for damages I
specific performance against City $and to compel
the latter to push through wK the sale of the land.
"he amount of damages was not specified in the
prayer but was alleged in the body of the
complaint. "hus, a docket fee of only 621B was
paid on the presumption that the amount involved
was not capable of pecuniary estimation, when in
fact it was. 3,C?s second counsel deleted all
mention of damages. )C ordered the reassessment
of docket fees. Reduced damages were still not
specified in the prayer. C- ruled that docket fees
should be based on the orig. comp.
Held: - case is deemed filed only upon payment of
docket fees regardless of the actual date of filing in
ct.. "hus, the "C did not ac9uire /urisdiction wK the
payment of the 621B docket fee. -n amendment of
the complaint or similar pleading will not vest
/urisdiction, much less payment of the docket fee,
based on the amount averred in the amended
pleading. "he design to avoid payment is obvious
since it misled the docket clerk. -ll complaints,
petitions, answers, I similar pleadings should
specify the amount of damages being prayed for
not only in the pleading but also in the prayer I
said damages should be considered in the
assessment of the filing of fees in any case. -ny
pleading that fails to comply wK this re9uirement
shall not be accepted nor admitted, I shall be
e8punged fr. the record.
Sun Insurance v. Asuncion, 170 SCRA
Facts: )un &nsurance filed a complaint in the R"C
for consignation of a premium fund on a private
fire insurance policy against 3anuel (y 6o "iong.
3anuel filed for a refund of the premium but the
amount of damages was not specified in the prayer,
although it could be inferred in the body. "hus,
only 621B docket fee was paid. )C ordered
reassessment of the docket fees. "he amended
complaint stated a claim of not less than 61B3 in
the prayer but a second amendment raised the
amount to 6223U wKc was admitted in ct.. )un
9uestions this order.
Held: 6etition dismissed for lack of merit. "he
contention that Manchester ruling cannot apply
retroactively to this case is untenable. )tatutes
regulating the procedure of the cts. will be
construed to apply to actions pending I
undetermined at the time of their passage.
6rocedural laws are retrospective in that sense I to
that e8tent. &t is not simply the filing of the
complaint or pleading but the payment of the
prescribed docket fee that vests the trial ct. wK
/urisdiction over the sub/ect matter or nature of the
action. 0here the "C ac9uires /urisdiction over a
claim wK the filing of the appropriate pleading I
payment of the prescribed filing fee, but
subse9uently the an award of an amount not
specified in the pleading, or if specified, the same
has been left for determination by the ct., the
additional filing fee shall constitute a lien on the
/udgment. &t shall be the responsibility of the Clerk
of Court or his duly authori%ed deputy to enforce
said lien I assess the additional fee.
Katarungang Pambarangay
)ee R- G1AB provisions
3orata v. Do, 12: )CR- 222
Facts: "his was a case for the recovery of a sum
of money plus damages V 62H,2BB.BB. -- 3",
was filed bec. of failure to undergo conciliation
proceeding in the brgy. "he 3", was opposed on
the ground that the law on J6 covers only to those
cases falling wKin the e8clusive /uris. of the 3"Cs.
Held. "here is no distinction whatsoever wK
respect to the classes of civil dispute that should be
compromised at the brgy level as
contradistinguished wK that of the criminal cases.
Royales v. &-C, 12G )CR- 2GB
Facts. "his is an e/ectment case again in the 3"C.
R, the lessee, participated in the trial I even cross<
e8amined the petitioner. R, then, filed a certiorari
I prohibition wK preliminary in/unction when the
decision was adverse to him.
Held. 6etition denied. - party who has affirmed I
invoked the /urisdiction of a ct. in a particular
matter to secure an affirmative relief cannot,
afterwards, deny the same /urisdiction to escape a
penalty.
$#C"(R# ! J-"-R(D-D
6-3;-R-D-7
Deneral Rule. -ll civil actions, regardless of
amount of relief, between parties of the same
baranggay, should undergo Jatarunggang
6ambaranggay
Remedy. aC ,onQt arrive at a settlement
bC *ile case v. $upon to compel them to
dismiss ob/ectinable $upon member
@"his case need not undergo J6 re sec. 2BF @bC and
sec. 2BA @aCC @0&"MC
50
3-C4#)"#R rule. full payment of docket fees
necessary for court to ac9uire /urisdiction
-ll prayers must be in the complaint, not
/ust in the body
!verruled $#D-)6& re. installment
payments no longer allowed
)( &)(R-C#. bar problem. &f there is an
honest difference of opinion as to amount of docket
fees and 6 is in good faith, court can grant period
of time to allow payment. 'ualifies
3-C4#)"#R only to that e8tent
3-C4#)"#R. if award to /udgment creditor is
greater than the amount prayed form, difference in
docket fees constitutes first lien.
!"#. but no payback of e8cess fees even if
awarded less
$. Remember to bill your client for RincidentalR or
Rout of pocketR costs for sheriffQs transportation,
food and vitamins
1URISDICTION (power to hear, try and decide
cases)
Conferred by law. $aw can only be changed by
passing through Congress. 6arty canQt amend rules
on /urisdiction by agreement or voluntary act
+urisdiction can be raised at any time even on
appeal, after termination of case of decision
becomes final and e8ecutory, sub/ect to rules on
prescription. Raise issues of /urisdiction via a
3", @Rule 1AC but court can act motu proprio.
Rule on place not necessarily a rule on venue.
"&+-3. ;ar problem. 'ualifies who can raise
matters of /urisdiction. &f estopped by laches, canQt
file 3", in e9uity
+(R&),&C"&!. 3ay be sub/ect to nature of
1. Cause of action < eg. -dmiralty cases, domestic
violence
1. Relief
1. )ub/ect matter @thing over which the rights and
duties occur < eg. rights or title to real property W
6:B "; claims incapable of pecuniary estimation
1. Remedy < eg. forcible entry and unlawful
detainer, review by certiorari; ;($-! v C-
+urisdiction, once ac9uired, is never lost.
#8ception. ,7 5 C-. Court violates constitution;
ousted from /urisdiction.
!"#. /udgment still valid, no /urisdiction only for
purposes of issuing writ of e8ecution due to lack of
notice to party
0!R, D-3#.
Conferment of +urisdiction. law prescribes
/urisdiction
-c9uisition of +urisdiction. Rule 1 )ection :.
*iling of complaint vests court with /urisdiction
over res. )ummons vests court with /urisdiction
over the corpus.
!"#. filing of complaint happens upon full
payment of docket fees
C!,&"&!) 6R#C#,#"
!"#. *ailure to undergo Jatarunggang
6ambarangay not issue of /urisdiction )ec. 212
$oc. Dovernment Code; neither a defect in
/urisdiction but vulnerable to a 3", @Rule 1A sec.
+C for failure to undergo condition precedent.
*ailure to undergo condition precedent
can only be raised in a 3", or as an affirmative
defense
Summary Procedure
Rules on )ummary 6rocedure @!ct. QH1C
Del Rosario v. CA, 241 SCRA 519 ('95)
Held. "he presence of an action for 9uieting of
title does not divest the 3e"C of original
/urisdiction over the e/ectment case. -n e/ectment
case @possession de factoC is independent of any
claim of ownership @possession de /ureC. (nder the
revised )ummary 6rocedure @ov. 1:, 1HH1C all
types of e/ectment cases are now covered by it
regardless of whether or not the issue of ownership
of sub/ect property is pleaded by a party. o
hearings are re9uired in this procedure. "he
ad/udication of cases here are done on the basis of
affidavits I position papers.
)(33-R7 6R!C#,(R#
Remedy for forcible entry, unlawful detainer, X
61B,BBB
Jatarunggang 6ambaranggay condition precedent
before parties can obtain /udicial relief
ot apply to ordinary civil actions in R"C
)ummary 6rocedure
!rdinary Civil -ction
6leadings -llowed
5erified complaint
Compulsory counterclaim
-nswer to complaint
Crossclaim v e8isting defendant
Complaint
Counterclaim
a. Compulsory@relates to transactionC
a. 6ermissive @not relatedC
Crossclaim
"hird party claim
&ntervention
-nswer
Reply
-nswer
*ile answer wKin 1B days of service of summons
*ile answer wKin 1: days of service of summons
Can court act motu proprio in dismissing the caseM
51
7#). Court can act motu proprio and dismiss
!. Court cannot dismiss action motu proprio but
must wait for 3",
#ffect of other partyQs failure to file an answer
Det /udgment. o need for motion for default or
order for default
*ile a motion to declare the other party in default
6reliminary Conference not later than 1B days
#ffect of 6Qs failure to appear
Cause for dismissal
Counterclaim barred
3ain -ction dismissed but Compulsory
Counterclaim not dismissed. , gets /udgment
Cause for dismissal with pre/udice
3ain action dismissed and Compulsory
counterclaim also dismissed
6rocess
)ubmit position papers and affidavits 1B days from
receipt of pre<trail order
$. on those affidavits hinge your entire case so
pray @-ngel of Dod, hindi motionC that the court
ask for clarificatory affidavits @motu proprioC
#8tension of time not allowed
7ou figure it out.
Contents of -ffidavits
)tate facts
)how competence to testify
)how admissibility of witness
-bsent these. affidavits e8cluded and lawyer may
be sub/ect to disciplinary action
6rohibited 3otions
3", on sec. 1A e8cept lack of /urisdiction
;ill of particulars
ew /udgment
6eriods
o time period from beginning to end but
mandatory periods in between
Rule 2
Actions in General
)ection 1. !rdinary civil actions, basis of. < #very
ordinary civil action must be based on a cause of
action.
)ection 2. Cause of action, defined. < - cause of
action is the act or omission by which a party
violates a right of another.
)ection 1. !ne suit for a single cause of action. < -
party may not institute more than one suit for a
single cause of action.
)ection 2. )plitting a single cause of action; effect
of. < &f two or more suits are instituted on the basis
of the same cause of action, the filing of one or a
/udgment upon the merits in any one is available as
a ground for the dismissal of the others.
)ection :. +oinder of causes of action. < - party
may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have
against an opposing party, sub/ect to the following
conditions.
@aC "he party /oining the causes of action
shall comply with the rules on /oinder of parties;
@bC "he /oinder shall not include special
civil actions or actions governed by special rules;
@cC 0here the causes of action are
between the same parties but pertain to different
venues or /urisdictions, the /oinder may be allowed
in the Regional "rial Court provided one of the
causes of action falls within the /urisdiction of said
court and the venue lies therein; and
@dC 0here the claims in all the causes of
action are principally for recovery of money, the
aggregate amount claimed shall be the test of
/urisdiction.
)ection A. 3is/oinder of causes of action. <
3is/oinder of causes of action is not a ground for
dismissal of an action. - mis/oined cause of action
may, on motion of a party or on the initiative of the
court, be severed and proceeded with separately.
1oseph v. Bautista, 170 SCRA 540 ('89)
FACTS. +oseph was a paying passenger in a cargo
truck. "he cargo truck tried to overtake a tricycle
proceeding in the same direction. -t the same time,
a pick<up truck tried to overtake the cargo truck,
thus the cargo truck was forced to veer towards the
shoulder of the road I rammed a mango tree in the
process. +oseph sustained a bone fracture in one of
his legs. +oseph sued the owner of the cargo truck
for breach of the contract of carriage I the owner
of the pick<up for 9uasi<delict for in/uries he
sustained. "he owner of the pick<up paid +oseph
the amount he was claiming thru a settlement
agreement. +oseph still wants to maintain the action
vs. the truck owner claiming that he still has
another cause of action vs. the latter, for breach of
contract of carriage.
HELD. 0hen there is only one delict or wrong
@i.e. one in/uryC, there is only one cause of action
regardless of the number of rights that may have
been violated belonging to one person @violation of
contract of carriage I 9uasi<delictC.
"he singleness of a cause of action lies in
the singleness of the delict or wrong violating the
rights of one person. evertheless, if only one
in/ury resulted fr. several acts, only 1 cause of
action arises. &n this case, the petitioner sustained a
single in/ury on his person. "hat vested in him a
single cause of action, albeit wK the correlative
rights of action vs. the different respondents thru
appropriate remedies allowed by law.
52
"he resps. having been found to be
solidarily liable to the pet., the full payment made
by some of the solidary debtors I their subse9uent
release fr. any I all liability to pet. inevitably
resulted in the e8tinguishment I release fr. liability
of other solidary debtors.
+!)#64 5 ;-("&)"-. CC 21GG. ;ar v double
recovery
City of Bacolod v. SM Brewery 29 SCRA
FACTS. "he City of ;C, passed an ordinance
imposing a bottling ta8 for every case of soft drinks
sold. *or delin9uency in paying said ta8, a
surcharge was to be imposed. *or failure to pay
said ta8es on time, City of ;C, sued )3;. "he
)C ruled in favor of the City I ordered )3; to
pay ta8es. $ater, the City of ;C, filed a second
complaint vs. )3; to recover the surcharges it
forgot to claim in the first case.
HELD: )3;?s failure to pay the ta8es violated
the City?s right to be paid. "hus, there was a
single cause of action. 4owever, under the
ordinance, the City became entitled to 2 reliefs.
payment of ta8es I the corresponding surcharges.
"he act of the City of filing separate complaints
for each of the two reliefs related to the same
single cause of action resulted in the splitting of
the cause of action. (nder the rule that a party may
not institute more than 1 suit for a single cause of
action, the City?s 2
nd
complaint is barred by res
/udicata.
Bayang v. CA, 148 SCRA 91 ('87)
FACTS. ;ayang sued ;iong for 'uieting of "itle
wK damages in 1HAH, wKc resulted in a ruling in his
favor in 1HGF. &n 1HGF, ;ayang sued ;iong again
but this time for the income earned fr. the land
while it was still in the latter?s possession fr. 1HGB
to 1HGF.
HELD. "he sub/ect matter in the 2 cases are
essentially the same as the income is only a
conse9uence or accessory of the disputed property.
"he claim for income fr. the land is incidental to,
I should have been raised by ;ayang in his earlier
claim for ownership of the land. -s the filing of the
2 cases constitute splitting of the cause of action,
the 2
nd
case is barred by the 1
st
. -lso, for about G
years, the petitioner made no move at all to amend
his complaint to include a claim for the income
supposedly received by private resp. during that
period. 4e did not make the proper claim at the
proper time I in the proper proceeding. 0hatever
right he might have had is now deemed waived
bec. of his negligence.
Enriquez v. Ramos, 7 SCRA 265 ('63)
FACTS. #nri9ue% sold to Ramos 11 parcels of
land for 61B1,BBB. Ramos paid :,BBB as down
payment.@ 2,:BB<cash, 2,:BB<checkC. "o secure the
HA,BBB balance, Ramos mortgaged the land to the
vendors. #nri9ue% filed a complaint vs. Ramos for
stopping the ;payment of the check. #nri9ue% filed
another case for foreclosure of the mortgage due to
Ramos? failure to comply wK it?s conditions. Ramos
now moves to dismiss the 2
nd
case on grounds that
#nri9ue% split the cause of action.
HELD. -n e8amination of the 1
st
complaint shows
it was based on appellant?s having unlawfully
stopped payment of the check for 62,:BB she had
issued in favor of appellees; while the complaint in
the first action is for the non<payment of the
balance of HA,BBB guaranteed by the mortgage. "he
claim for 2,:BB was therefore a distinct debt not
covered by security; the security was for the
balance of the purchase price amounting to HA,BBB.
"herefore, there is no splitting of C of - in this
case.
Cuevas v. Pineda, 143 SCRA 674 ('86)
FACTS. 6riv. Resps. filed a complaint in the C*&
for 9uieting of title alleging that they are the heirs
of &gaya I, as such, are the rightful owners of the
parcels of land. "hey came to know that petitioners
have caused the preparation of a table<survey plan
of the lots in the name of Cancio @prepared by
Ro8as for CuevasC. 6etitioners then filed an
-pplication for *ree 6atent for the lots, wKc was
granted. 6riv. resps. filed an administrative protest
wK the ;ureau of $ands I Register of ,eeds,
seeking the recall I cancellation of the free
patents. "hey then prayed for the issuance of writ
of preliminary in/unction to declare null I void the
free patents I be declared as the absolute owners.
"his was granted upon the posting of a bond.
3eanwhile, a hearing on the protest did not
materiali%e as the ct. had already issued the writ of
preliminary in/unction. ,id the ct. actually ac9uire
/urisdiction over the complaintM
HELD: Resps. have assumed inconsistent
positions. -fter filing an administrative protest wK
the ;o$, claiming the lands belong to them, they
9uestioned the /urisdiction wKc they invoked of
that same agency, claiming that it is the cts. I not
the administrative tribunal that should settle the
issue. -t this time, both parties had already
invoked the /urisd8n. of ;o$, alleging that since
the ;o$, wKc had /urisdiction over the case, had
already issued the free patents, the land had
become private. !rderly procedure re9uires that
;o$, on a matter wKin its competence I e8pertise,
should first resolve the issues before it.
C(#5-) 5 6&#,-. 6etition for Certiorari was
dismissed on the ground of non<e8haustion of
administrative remedies, not for lack of cause of
action. was dismissed due to primary
administrative /urisdiction V failure to undergo
condition precedent
$. 0e are concerned with law, not with /ustice,
which is why weQre not called the College of
+ustice but the College of $aw. "echni9ue lang
lahat iyan.
$#C"(R# ! -C"&!)
-ction . Remedy K
6rocess
Cause of -ction . ;asis to file an
action Rule 2 sec. 2
53
6rohibition against splitting a single cause of
action.
1. 6revent multiplicity of suits
1. 6revent indirect violation K avoidance of res
/udicata rule
Remedy. &nstead, file cause of action and ask for
different reliefs
;-7-D. *ile supplemental pleading for new
relief or file amendment to pleading to introduce
new facts which arose after filing
0!R, D-3#.
R#3#,7. 6rocedure
R#$&#*. )pecific things asked from court or right
granted by a specific court due to violation of
another right
Rule 3
Parties
)ection 1. 0ho may be parties; plaintiff and
defendant. < !nly natural or /uridical persons, or
entities authori%ed by law may be parties in a civil
action. "he term =plaintiff? may refer to the
claiming party, the counter<claimant, the cross<
claimant, or the third @fourth etc.C<party plaintiff.
"he term =defendant> may refer to the original
defending party, the defendant in a counterclaim,
the cross<defendant, or the third @fourth, etc.C<party
defendant.
)ection 2. 6arties in interest. < - real party in
interest is the party who stands to be benefited or
in/ured by the /udgment in the suit, or the party
entitled to the avails of the suit. (nless otherwise
authori%ed by law or these Rules, every action must
be prosecuted or defended in the name of the real
party in interest.
)ection 1. Representatives as parties. < 0here the
action is allowed to be prosecuted or defended by a
representative or someone acting in a fiduciary
capacity, the beneficiary shall be included in the
title of the case and shall be deemed to be the real
party in interest. - representative may be a trustee
of an e8press trust, a guardian, an e8ecutor or
administrator, or a party authori%ed by law or these
Rules. -n agent acting in his own name and for
the benefit of an undisclosed principal may sue or
be sued without /oining the principal e8cept when
the contract involves things belonging to the
principal.
)ection 2. )pouses as parties. < 4usband and wife
shall sue or be sued /ointly, e8cept as provided by
law.
)ection :. 3inor or incompetent persons. < -
minor or a person alleged to be incompetent, may
sue or be sued, with the assistance of his father,
mother, guardian, or if he has none, a guardian ad
litem.
)ection A. 6ermissive /oinder of parties. < -ll
persons in whom or against whom any right to
relief in respect to or arising out of the same
transaction or series of transactions is alleged to
e8ist, whether /ointly, severally, or in the
alternative, may, e8cept as otherwise provided in
these Rules, /oin as plaintiffs or be /oined as
defendants, in one complaint, where any 9uestion
of law or fact common to all such plaintiffs or to all
such defendants, may arise in the action; but the
court may make such orders as may be /ust to
prevent any plaintiff or defendant from being
embarrassed or put to e8pense in connection with
any proceedings in which he may have no interest.
)ection G. Compulsory /oinder of indispensable
parties. < 6arties in interest without whom no final
determination can be had of an action shall be
/oined either as plaintiffs or defendants.
)ection F. ecessary party. < - necessary party is
one who is not indispensable but who ought to be
/oined 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 sub/ect of
the action.
)ection H. on</oinder of necessary parties to be
pleaded. < 0henever in any pleading in which a
claim is asserted a necessary party is not /oined, the
pleader shall set forth his name, if known, and shall
state why he is omitted. )hould the court find the
reason for the omission unmeritorious, it may order
the inclusion of the omitted necessary party if
/urisdiction over his person may be obtained.
"he failure to comply with the order for
his inclusion, without /ustifiable cause shall be
deemed a waiver of the claim against such party.
"he non<inclusion of a necessary party
does not prevent the court from proceeding in the
action, and the /udgment rendered therein shall be
without pre/udice to the rights of such necessary
party.
section 1B. (nwilling co<plaintiff. < &f the consent
of nay party who should be /oined as plaintiff can
not be obtained, he may be made a defendant and
the reason therefor shall be stated in the complaint.
)ection 11. 3is/oinder and non</oinder of parties.
< either mis/oinder or non</oinder of parties is
ground for dismissal of an action. 6arties may be
54
dropped or added by order of the court on motion
of any party or on its own initiative at any stage of
the action and on such terms as are /ust. -ny claim
against a mis/oined party may be severed and
proceeded with separately.
)ection 12. Class suit. < 0hen the sub/ect matter
of the controversy is one of common or general
interest to many persons so numerous that it is
impracticable to /oin all as parties, a number of
them which the court finds to be sufficiently
numerous and representative as to fully protect the
interest of all concerned may sue or defend for the
benefit of all. -ny party in interest shall have the
right to intervene to protect his individual interest.
)ection 11. -lternative defendants. < 0here the
plaintiff is uncertain against who of several persons
he is entitled to relief, he may /oin any or all of
them as defendants in the alternative, although a
right to relief against one may be inconsistent with
a right of relief against the other.
)ection 12. (nknown identity or name of
defendant. < 0henever the identity or name of a
defendant is unknown, he may be sued as the
unknown owner, heir, devisee, or by such other
designation as the case may re9uire; when his
identity or true name is discovered, the pleading
must be amended accordingly.
)ection 1:. #ntity without /uridical personality as
defendant. < 0hen two or more persons not
organi%ed as an entity with /uridical personality
enter into a transaction, they may be sued under the
name by which they are generally or commonly
known.
&n the answer of such defendant the names
and addresses or persons composing said entity
must all be revealed.
)ection 1A. ,eath of party, duty of counsel. <
0henever a party to a pending action dies, and the
claim is not thereby e8tinguished, it shall be the
duty of his counsel to inform the court within thirty
@1C days after such death of the fact thereof, and to
give the name and address of his legal
representative or representatives. *ailure of
counsel to comply with this duty shall be a ground
for disciplinary action.
"he heirs of the deceased may be allowed
to be substituted for the deceased, without
re9uiring the appointment of an e8ecutor or
administrator and the court may appoint a guardian
ad litem for the minor heirs.
"he court shall forthwith order said legal
representative or representatives to appear and be
substituted within a period of thirty @1BC days from
notice.
&f no legal representative is named by the
counsel for the deceased party, or if the one s
named shall fail to appear within the specified
period, the court may order the opposing party
within a specified time, to procure the appointment
of an e8ecutor or administrator for the estate of the
deceased and the latter shall immediately appear
for and on behalf of the deceased. "he court
charges in procuring such appointment, if defrayed
by the opposing party, may be recovered as costs.
)ection 1G. ,eath or separation of a party who is a
public officer. < 0hen a public officer is a party in
an action in his official capacity and during its
pendency dies, resigns, or otherwise ceased to hold
office, the action may be continued and maintained
by or against his successor if, within thirty @1BC
days after the successor takes office or such time as
may be granted by the court, it is satisfactorily
shown to the court by any party that there is a
substantial need for continuing or maintaining it
and that the successor adopts or continues or
threatens to adopt or continue the action of his
predecessor. ;efore a substitution is made, the
party or officer to be affected, unless e8pressly
assenting thereto, shall be given reasonable notice
of the application therefor and accorded an
opportunity to be heard.
)ection 1F. &ncompetency or incapacity. < &f a
party becomes incompetent or incapacitated, the
court, upon motion with notice, may allow the
action to be continued by or against the
incompetent or incapacitated person assisted by his
legal guardian or guardian ad litem.
)ection 1H. "ransfer of interest. < &n case of any
transfer of interest, the actin may be continued by
or against the original party, unless the court upon
motion directs the person to whom the interest is
transferred to be substituted in the action or /oined
with the original party.
)ection 2B. -ction on contractual money claims. <
0hen the action is for recovery of money arising
from contract, e8press or implied , and the
defendant dies before entry of final /udgment in the
court in which the action was pending at the time
of such death, it shall not be dismissed but shall
instead be allowed to continue until entry or final
/udgment. - favorable /udgment obtained by the
plaintiff therein shall be enforced in the manner
especially provided in these Rules for prosecuting
claims against the estate of a deceased person.
)ection 21. &ndigent party. < - party may be
authori%ed to litigate his action, claim or defense as
an indigent if the court, upon an e8 parte
application and hearing, is satisfied that the party is
one who has no money or property sufficient and
available for food, shelter and basic necessities for
himself and his family.
)uch authority shall include an e8emption
from payment of docket and other lawful fees, and
of transcripts of stenographic notes which the court
55
may order to be furnished him "he amount of the
docket and other lawful fees which the indigent
was e8empted from paying shall be alien on any
/udgment rendered in the case favorable to the
indigent, unless the court otherwise provides.
-ny adverse party may contest the grant
of such authority at any time before /udgment is
rendered by the trial court. &f the court should
determine after hearing that the party declared as
an indigent is in fact a person with sufficient
income or property, the proper docket and other
lawful fees shall be assessed and collected by the
clerk of court. &f payment is not made within the
time fi8ed by the court, e8ecution shall issue or the
payment thereof; without pre/udice to such other
sanctions as the court may impose.
)ection 22. otice to the )olicitor Deneral. < &n
any action involving the validity of any treaty, law,
ordinance, e8ecutive, order, presidential decree,
rules or regulations, the court in its discretion, may
re9uire the appearance of the )olicitor Deneral who
may be heard in person or through a representative
duly designated by him.
Filipinas Industrial Corp. v. Sn. Diego, 23
SCRA 706 ('68)
FACTS: 6astor -go filed a complaint vs.
petitioner in his name as atty. in fact of $ai%.
6etitioner filed a 3", on the ground that action
was not brought in the name of the real party in
interest.
HELD. (nder the RoC, every action must be
brought in the name of the real party in interest.
"his provision is mandatory. "he real party in
interest is the party who would be benefited or
in/ured by the /udgment or is the party entitled to
the avails of the suit. -n atty.<in<fact is !" a real
party in interest; there is no law permitting an
action to be brought by an atty.<in<fact I hence, an
action brought by him cannot be maintained. #ven
if the principal authori%es his agent to commence
actions in a ct. for I in behalf of the principal,
such action must still be filed in the name of the
principal who is the real party in interest.
*&$&6&-). Case dismissed due to lack of cause
of action; not due to non</oinder of parties. -tty<in<
fact canQt represent principal in the case since atty<
in<fact was not the one in/ured
R#6R#)#"-"&5# 6-R"&#). ot the real
parties but are allowed by law or the Rules to sue
on behalf of the principal
#8ample of representative party authori%ed by the
Rules. Class suit
6laintiffs sue in 2 capacities. 1C themselves; 2C on
behalf of the parties of the class or those with an
interest in the sub/ect matter of the suit but are too
numerous to be brought in the suit @!6!)- 5
*-C"!R-C

$. 0hat if defendant is a volleyball player of a
sportsfest and the plaintiff wants to sue all
participants of the sportsfestM
-. &dentify all and do not apply sec. 1: since
identifiable and also a volleyball team is not a
proper /uridical entity
+!&,#R !* 6-R"&#) @)ec. AC not necessary
that parties be indispensable or necessary parties
a. ecessary or proper party @)ec. FC Case may
proceed, only plaintiff may not be able to obtain
complete relief
Aranico-Rabino v. Aquino, 80 SCRA 254 ('77)
Facts. 6etitioners filed a complaint for recovery of
a lot wKc priv. resp. claims to be owned by one
3eimban I his successors<in<interest. "he ct.
ordered the complaint be amended to include all
the heirs of the late 3eimban in order that there
will be a final ad/udication of the rights of the
parties in the case. Counsel for petners. refused.
Held: "he heirs of 3eimban are indispensable
parties who should be included in the complaint in
order that there will be a final ad/udication of the
rights of the parties in their case.
-R-&C!. ,ismissal not due to failure to
implead a party but due to contumacious refusal to
comply with the order of the court; mis/oiner or
non</oinder is not basis for the dismissal of case
Laperal Dev. Co. v. CA, 223 SCRA 261 ('93)
Facts: Counsel sought recovery of atty.?s fees fr.
)unbeams *oods referred to in the complaint as
=3r. $aperal?s Corporation> but wKc was not
/oined by name as a party<defendant.
Held: )unbeams should have been /oined as a
party<deft. in order that the /udgment of the lower
ct. could legally affect it. ;ut even if it was not
impleaded, the ct. could still validly proceed wK the
case bec. )unbeams was not an indispensable party
but only a proper party. - proper party is one wKc
ought to be a party if complete relief is to be
accorded as between those already parties. - party
is indispensable if no final determination can be
had of an action unless it is /oined either as plff. or
deft.
*&$&6&-) &,()"R&-$ < &ndispensable
$-6#R-$ ,#5" 5 C- < 6roper party. )unbeam
only a necessary party and therefore not a party to
the compromise agreement. ;ut atty canQt collect
attyQs fees since there was a udicial admission as to
waiver of all claims
Barfel Dev. Co. v. CA, 223 SCRA 268 ('93)
Facts: ;arfel @sellerC I Reginas @sellerC concluded
an agreement to buyKsell 2 parcels of land wKc the
former warranted to be free fr. liens I
encumbrances e8cept for the ;6& mortgage.
Reginas found out later that there was a second
mortgage in favor of 6&)! ;ank. "hings went sour
56
I Reginas found out that ;arfel was selling the
land to other parties. Reginas brought suit. Reginas
filed an amended complaint impleading 6&)! as
additional party.
Held. "he reason for the amendment impleading
6&)! is to compel the latter to accept payment I
release the 2
nd
mortgage thereby enabling ;arfel to
deliver to Reginas the titles free fr. all liens I
encumbrances. ;ut, 6&)! is !" a party to the
contracts wKc are the sub/ect of the action for
specific performance I damages between ;arfel I
Reginas. 6&)! is not a party to the transactions I
is thus not an indispensable party. 6&)! is a 2
nd

mortgagee, whatever the outcome of the litigation
between Reginas I ;arfel. - =real interest> means
a present substantial interest, as distinguished fr. a
mere e8pectancy or a future, contingent,
subordinate or conse9uential interest. Complete
relief by Reginas vs. ;arfel can be had even if
6&)! was not impleaded as a party deft in the
original case.
-lso, amendment sought is a substantial
one. 6riv. resp. will have to present additional
evidence on 6&)!. #ffect would be to start trial
anew wK parties recasting theories of the case.
;-R*#$. disclosure, not e8istence of 2nd
mortgage is the issue. "he 2nd mortgagee is liable
to plaintiff in Contract to 6urchase. ot a proper
party. 3ortgages follow property wherever it goes,
thus, 6&)! canQt become a party since there is no
cause of action against it.
b. &ndispensable @)ec. GC &f not impleaded, case
cannot proceed since there can be no final
determination
Oposa v. Factoran, 224 SCRA 792 ('93)
Facts: 6laintiffs<minors duly represented I /oined
by their parents instituted this ta8payers? class suit
vs. the )ecretary of ,#R to order the latter to
cancel of timber license agreements @"$-C I to
cease I desist fr. renewing I granting new "$-s.
"he suit was filed for themselves I others who are
e9ually concerned about the preservation of natural
resources but are so numerous that it is
impracticable to bring them all before the ct.. "he
minors also asseverate that they represent their
generation as well as the generations yet unborn.
Held. "he case is a class suit. the sub/ect matter of
the complaint is of common I general interest not
/ust several but to all citi%ens of the 6hils. 6arties
are so numerous that it is impracticable, if not
totally impossible, to bring them all before the ct..
6laintiffs are so numerous I representative enough
to insure full protection of all concerned interests.
6etitioner<minors can, for themselves, for
others of their generation, I for the succeeding
generation, file a class suit. "heir personality to
sue in behalf of succeeding generations can only be
based on the concept of intergenerational
responsibility insofar as the right to a balanced I
healthful ecology is concerned. #very generation
has a responsibility to preserve the rhythm I
harmony for the full en/oyment of a balanced I
healthful ecology. "he minor?s assertion of their
right to a sound environment constitutes, at the
same time, the performance of their obligation to
ensure the protection of that right for the
generations to come.
!6!)- 5 *-C"!R-. -re unborn children wK
capacity to be party to a suitM o, but purposes of
this class suit, )C used intergenerational
responsibility argument. $imit Consti -rt 11 sec.
1A to ecological suits. $Qs note. no legal basis,
natural law only. -lso, other -rt. 11 provisions
hortatory and not basis for a class action suit. ot
all ta8payersQ suits are class suits
$. &s the environment propertyM ote. not need to
be property to be sub/ect of a suit.
Mathay v. Consolidated Bank, 58 SCRA 559
('74)
Facts. "he stockholders of Consolidated 3ines
filed a class suit vs. the ;oard of !rgani%ers of
Consolidated ;ank of alleged anomalies in the
incorporation of the latter to wKc the stockholders
were subscribers.
Held: "he necessary elements for the maintenance
of a class suit are. @1C the sub/ect matter of the
controversy be one of common or general interest
to many persons; I @2C such persons be so
numerous as to make it impracticable to bring them
all in ct.. -n action does not become a class suit
bec. it is designated as such in the pleadings. it
depends upon the attending facts I the complaint,
or other pleading initiating the class action should
allege the e8istence of the necessary facts.
-s to the 1
st
element. the interest that
appellants<plff. I intervenors I the C3&
stockholders had in the sub/ect matter was several,
not common or general in the sense re9uired by
law. #ach one had a determinable interest, each
had a right, if any, only to his respective portion of
the stocks one of them had an interest, or a right
to, the stock to wKc another was entitled.
-s to the 2
nd
element, the number of said
C3& subscribing stockholder was not stated in the
complaint. "hus, the ct. could not infer or make
sure that the parties before it were sufficiently
numerous I representative.
Veterans Manpower & Protective Services v,
CA, 214 SCRA 286 ('92)
FACTS. 6etitioner filed a complaint vs. the 6C
Chief I 6C<)()&-, government agencies
regulating security services, to compel said
agencies to issue licenses to petitioner.
HELD. "he )tate may not be sued wKo its consent.
&nvoking this rule, the 6C Chief I 6C< )()&-,
being instrumentalities of the national gov?t.
e8ercising a primarily governmental function may
not be sued wKo the Dov?t?s consent. "his doctrine
is also applicable to complaints filed vs. officials of
the state for acts allegedly performed by them in
the discharge of their duties.
- public official may sometimes be held in his
personal or private capacity if he acts in bad faith
57
or beyond his authority or /urisdiction. &n this case,
however, the acts were performed as part of official
duties wKo malice, gross negligence or bad faith.
"hus, no recovery may be had vs. them in their
private capacity as well.
$#C"(R# ! 6-R"&#). Remedies available for
certain situations. $ at his most practical.
1. 6 not the real party in interest but act as a
plaintiff
Counsel for ,. 3", since no cause of action. o
in/ury v his person
1. E an &ndispensable party but 6 refuses to bring
him in as an indispensable party
#g. Co<owner sues for partition of property owned
in common; thus, he must implead all co<owners in
order that final determination might be made.
0hat if 6 sues only 1 co<ownerM @-R-&C!<
R-;&!C
Counsel for ,. 6lan -C 3otion to implead the
other co<owners
6lan ;C &f court refuses to implead the other co<
owners, file 3", for lack of due process for
failure to implead an indispensable party
6lan CC Do to C- for certiorari on grounds of
grave abuse of discretion on part of trial court
/udge for refusing to iplead indispensable party wKo
whom there can be no final determination of the
case.
"o determine whether or not a party is
indispensable.
6roper /oinder of parties. 6arties necessary
6ermissive /oinder of parties. not necessarily
imply that parties indispensable or necessary
Rule 1 sec. A same transaction or common 9uestion
of law or fact is involved
1. 6arty becomes insane
Counsel for ,. Rule 1 sec. 1F file motion to bring
guardian of insane party brought in as a
representative. &f insane W 1F years old, ask for
guardian ad litem
1. 6arty dies. 4is counsel duty bound to inform
court of such fact and of his legal representative
&f there is no rep, court will order Counsel for , to
procure appointment of e8ecutor or administrator
!"#. 6ersonal action. remedy filed where cause
of action involves personal property or right.
)ub/ect matter involves personal property and
others. ot a real action which involves title to or
possession of real property. &mportant for proper
venue
Rule 4
Venue
)ection 1. 5enue of real actions. < -ctions
affecting title to or possession of real property, or
interest therein, shall be commenced and tried in
the proper court which has /urisdiction over the
area wherein the real property involved, or a
portion thereof, is situated.
*orcible entry and detainer actions shall
be commenced and tried in the municipal trial court
of the municipality or city wherein the real
property involved, or a portion thereof, is situated.
)ection 2. 5enue of personal actions. < -ll other
actions may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or
where the defendant or any of the principal
defendants resides, or in the case of a non<resident
defendant where he may be found, at the election
of the plaintiff.
)ection 1. 5enue of actions against nonresidents. <
&f any of the defendants does not reside and ins not
found in the 6hilippines, and the action affects the
personal status of the plaintiff, or any property of
said defendant located in the 6hilippines, the action
may be commenced and tried in the court of the
place where the plaintiff resides, or where the
property of any portion thereof is situated or found.
)ection 2. 0hen Rule not applicable. < "his Rule
shall not apply <
@aC &n those cases where a specific rule or
law provides otherwise; or
@bC 0here the parties have validly agreed
in writing before the filing of the action on the
e8clusive venue thereof.
Diaz v. Adiong, 219 SCRA 631 ('93)
Facts. Certain public officers instituted separate
criminal I civil complaints arising fr. libel vs. the
publisher I editor of the 3indanao Jris, a
newspaper of general circulation in Cotabato City
in the R"C of 3arawi City. ,ia% claims it should
not be in 3arawi since the resps. didn?t hold office
there; nor was the article published there.
Held. -n offended party who is at the same time a
public official can only institute an action arising
fr. libel in 2 venues. the place where he holds office
I the place where the alleged libelous articles were
printed I first published. &n this case, although it
is indubitable that venue was improperly laid,
unless I until the deft. ob/ects to the venue in a
3", prior to a responsive pleading, the venue
cannot truly be said to have been improperly laid
since, for all practical intents I purposes, the
venue through technically wrong may yet be
considered acceptable to the parties for whose
convenience the rules on venue had been devised.
"he laying of venue is procedural rather
than substantive, relating as it does to /urisdiction
of the ct. over the person rather than the sub/ect
matter. 5enue relates to trial not to /urisdiction.
"he rule, therefore, is that ob/ections to improper
58
venue must be made in a 3", before any
responsive pleading is filed @)ec. 1 Rule 1AC.
!therwise, it may be deemed waived.
$#C"(R# ! 5#(#.
#8ceptions.
1. non<resident
aC where 6 resides or
aC bC where property or portAion thereof is situated
or found
1. when a specific Rule or $aw provides otherwise
1. when parties validly agreed in writing before
filing of action in the e8clusive venue thereof
$. state in agreement Rshall e8clusively beR or
Rshall only beR; if not phrased this way, can still
sue elsewhere
6erson dies @governed by Rule FGC action
dismissed in cases where decedent is re9uired to
personally perform his obligation, where his estate
or his heirsQ defense is that the relief cannot be
complied with. &f action is for a sum of money, file
it as a creditor in the settlement of estate
proceedings
6auper litigant. one who has no money or property
sufficient and available for food, shelter and basic
necessities is e8empted from payment of fees.
Counsel for ,. contest indigent status of party by
filing a motion to reverse order declaring party as
pauper litigant
"4# C$-&3<-)0#R<C!("#RC$-&3<
R#6$7<CR!))C$-&3<$-;7R&"4
6 files Complaint )o ,
files answer
, files
counterclaim
)o 6 files -nswer to counterclaim
6 then files -mended Complaint due to new
matters raised
)o ,
files an amended answer called a reply
- third guy files a CR!))C$-&3 against
,
)o ,
files an answer to the crossclaim
-nd
he files his own crossclaim against "hird
0hile 6 files his -nswer to the 1rd 6arty
Complaint
"4# !D,# C-)#
!D,#<;#C"#$
*&$&6&! $-,!0#R)
Cause of action
E breach of contract
RULE 5
VENUE
)ection 1. (niform procedure. < "he procedure in
the 3unicipal "rial Courts shall be the same as in
the Regional "rial Courts, e8cept @aC where a
particular provision e8pressly or impliedy applies
only to either of said courts, or @bC in civil cases
governed by the Rule on )ummary 6rocedure.
)ection 2. 3eaning of terms. < "he term
=3unicipal "rial Courts> as used in these rules
shall include 3etropolitan "rial Courts, 3unicipal
"rial Courts in Cities, 3unicipal "rial Courts, and
3unicipal Circuit "rial Courts.
Rule 6
Pleadings
@)ubstantial Re9uirementsC
!"#) !* -T&#<D&R$.
6$#-,&D)
Definition
Rule A, )ec. 1.
6leadings are the written statements of the
respective claims and defenses of the parties
submitted to the court for appropriate /udgment
Allowed Pleadings
Rule A, )ec. 2
"he claims of a party are asserted in a
complaint, counter<claim, cross<claim, third
@fourth, etc.C party complaint, or complaint < in <
intervention.
"he defenses of a party are alleged in the
answer to the pleading asserting a claim against
him.
-n answer may be responded to by a
reply.
Liberal construction
Gerales v. CA, 218 SCRA 638
('93)
Facts. Counsel for petitioner. )ir $uigi, este,
Camacho palaC - vehicular accident occurred
resulting in respondent filing a case for damage to
property. "wo cases were filed, criminal I civil.
"he crim. case was dismissed beech. the parties
entered into an amicable settlement. "he civil case
continued but resp. was declared in default for
failure to file an answer. 0hat respondent did was
merely to send a letter to the Clerk of Court
informing the ct. about the amicable settlement.
Held. "he trial ct. should have considered the
letter as a responsive pleading even if it lacks the
formalities re9uired by law. "he letter contains an
affirmative defense, i.e. mutual settlement wKc, if
proven in preliminary hearing would constitute a
meritorious defense barring pet. fr. recovery.
6leadings as well as remedial laws should be
liberally construed in order that the litigant may
59
have ample opportunity to prove their respective
claims I to prevent possible denial of substantive
due process. $itigations should be decided on the
merits not merely on technicality.
How allegations made
In General
Rule F, )ec. 1
#very pleading shall contain in a
methodical and logical form, a plain, concise and
direct statement of the ultimate facts on which the
party pleading relies for his claim or defense, as the
case may be, omitting the statement of mere
evidentiary facts.
&f a defense relied on is based on law, the
pertinent provisions thereof and their applicability
to him shall be clearly and concisely stated.
Capacity
Rule F, )ec. 2
*acts showing the capacity of a party to
sue or be sued or the authority of a prty to sue or be
sued in a representative capacity or the legal
e8istence of an organi%ed association of persons
that is made a party, must be averred. - prty
desiring to raise an issue as to the legal e8istence of
any party or the capacity of any party to sue or be
sued in a representative capacity, shall do so by
specific denial, which shall include such supporting
particulars as are peculiarly within the pleaderQs
knowledge.
Alternative claims and defenses
Rule F, )ec. 2
- party may set forth two or more
statements of a claim or defense alternatively or
hypothetically, either in one cause of action or
defense or in separate causes of action or defenses.
0hen two or more statements are made in the
alternative and one of them if made independently
would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of
the alternative statements.
Conditions precedent
Rule F, )ec. 1
&n any pleading a general averment of the
performance or occurrence of all conditions
precedent shall be sufficient.
Fraud and Mistake
Rule F, )ec. :
&n all averments of fraud or mistake, the
circumstances constituting the fraud or mistake
must be stated with particularity. 3alice, intent,
knowledge or other condition of the mind of a
person may be averred generally.
Condition of mind
Rule F, )ec. : supra.
1udgments
Rule F, )ec. A
&n pleading a /udgment or decision of a
domestic or foreign court, /udicial or 9uasi</udicial
tribunal, or of a board or officer, it is sufficient to
aver the /udgment or decision without setting forth
the matter showing /urisdiction to render it.
Official Documents
Rule F, )ec. H
&n pleading an official document or
official act, it is sufficient to aver that the document
was issued or the act done in compliance with law.
Complaint
Defined and in general
Rule A, )ec. 1
"he complaint is the pleading alleging the
plaintiffQs cause or causes of action. "he names
and residences of the plaintiff and defendant must
be stated in the complaint.
Tantuico v. Republic, 204 SCRA 428 ('91)
Facts. - case was filed by the 6CDD vs. the
3arcoses I "antuico, the latter on the theory that
he collaborated I aided the 3arcoses in concealing
the ill<gotten wealth. "antuico filed a motion for a
bill of particulars. "he )olDen opposed the motion
saying that the matters sought by "antuico are
evidentiary in nature I that the complaint was
sufficient as it contains the essential elements of a
cause of action.
Held. - complaint is defined as a concise
statement of the ultimate facts constituting the
plaintiff?s cause or causes of action. &ts office or
purpose is to inform the defendant clearly I
definitely of the claims made vs. him so that he
may be prepared to meet the issues at trial. "he
complaint should inform the defendant all the
material facts on wKc the plaintiffs rely to support
his demand "he complaint should inform the
defendant of all the material facts on wKc the
plaintiff relies to support his demand; it should
state the theory of a cause of action wKc forms the
bases of the plaintiffs claim of liability. "he rules
on pleading speak of two @2C kinds of facts. the
first, the Rultimate factsR, I the second, the
Revidentiary facts.R "he term Rultimate factsR as
used in )ec. 1, Rule 1 of the Rules of Court, means
the essential facts constituting the plaintiffs cause
of action.
"#)". - fact is essential if it cannot be stricken out
wKo leaving the statement of the cause of action
insufficient....
(ltimate facts are important I substantial facts
wKc either directly form the basis of the primary
right I duty, or wKc directly make up the wrongful
acts or omissions of the defendant. "he term does
not refer to the details of probative matter or
particulars of evidence by wKc these material
elements are to be established. &t refers to
principal, determinate, constitutive facts, upon the
60
e8istence of wKc, the entire cause of action rests.
R#videntiary factsR are those facts wKc are
necessary for determination of the ultimate facts;
they are the premises upon wKc conclusions of
ultimate facts are based.
0here the complaint states ultimate facts that
constitute the three @1C essential elements of a
cause of action, namely. @1C the legal right of the
plaintiff, @2C the correlative obligation of the
defendant, I @1C the act or omission of the
defendant in violation of said legal right, the
complaint states a cause of action, otherwise, the
complaint must succumb to a motion to dismiss on
that ground of failure to state a cause of action.
4owever, where the allegations of the complaint
are vague, indefinite, or in the form of conclusions,
the proper recourse would be, not a motion to
dismiss, but a motion for a bill of particulars.
Allegations
In general
Rule F, )ec. 1
#very pleading shall contain in a
methodical and logical form, a plain, concise and
direct statement of the ultimate facts on which the
party pleading relies for his claim or defense, as the
case may be, omitting the statement of mere
evidentiary facts.
&f a defense relied on is based on law, the
pertinent provisions thereof and their applicability
to him shall be clearly and concisely stated.
Metropolitan Bank v. Quilts, 222 SCRA 486
('93)
Facts. "he property of 'uilts was mortgaged to
3etrobank to secure a personal loan of its pres.
,i%on. 'uilts asked for the cancellation of the
mortgage on the ground that ,i%on had no
authority to mortgage the property. 3etrobank
refused. 'uilts filed an action vs. 3etrobank for
the annulment I cancellation of the mortgage.
3etrobank moved to dismiss the complaint for
failure to state a cause of action as the complaint
merely contained a single par. alleging that
3etrobank committed illegal acts vs. 'uilts.
Held. "he complaint filed vs. 3etrobank does not
contain sufficient C!-. "he complaint e8presses
legal conclusions I not averments or allegations of
ultimate facts. "he ultimate facts upon wKc such
conclusions rest must be alleged. &n C-;, the bare
allegations neither establishes any right or C!- on
part of the plaintiff.
Mathay v. Consolidated Bank, 58 SCRA
Facts. "his is the classic case of the class suit filed
by 3athay vs. Consolidated ;ank. 3athay I Co.
averred in the complaint that they were denied the
right to subscribe shares in the ;ank. -ll in all, the
complaint filed by 3athay contained A C!-?s .
Held. ;are allegations that one is entitled to
something is an allegation of a conclusion. )uch
kind of allegation adds nothing to the complaint it
being necessary to plead specifically the facts upon
wKc such conclusion is founded. &n C-;, the pet.
did not show their 9ualifications to being
stockholders nor their right to subscribe the shares.
,id not show how they ac9uired the right, the
e8tent of its e8ercise I amount of shareholdings
that they are entitled to.
Capacity of parties
Rule F, )ec. 2
*acts showing the capacity of a party to
sue or be sued or the authority of a prty to sue or be
sued in a representative capacity or the legal
e8istence of an organi%ed association of persons
that is made a party, must be averred. - prty
desiring to raise an issue as to the legal e8istence of
any party or the capacity of any party to sue or be
sued in a representative capacity, shall do so by
specific denial, which shall include such supporting
particulars as are peculiarly within the pleaderQs
knowledge.
Actions based upon a document
Rule F, )ec. G
0henever an action or defense is based
upon a written instrument or document, the
substance of such instrument or document shall be
set forth in the pleading and the original or a copy
thereof shall be attached to the pleading as an
e8hibit, which shall be deemed to be a part of the
pleading, or said copy may with like effect be set
forth in the pleading.
Answer
Defined and in general
Rule A, )ec. 2
-n answer is a pleading in which a
defending party sets forth his defenses.
Types of Defenses
Negative
Rule A, )ec. :@aC
,efenses may either be negative or
affirmative.
@aC - negative defense is the specific
denial of the material fact or facts alleged in the
pleading of the claimant essential to his cause or
causes of action.
How alleged, generally
Rule F, )ec. 1B
- defendant must specify each material
allegation of fact the truth of which he does not
admit and, whenever practicable, shall set forth that
substance of the matters upon which he relies to
support his denial. 0here a defendant desires to
deny only a part of an averment, he shall specify so
much of it as is true and material and shall deny
only the remainder. 0here a defendant is without
61
knowledge or information sufficient to form a
belief as to the truth of a material averment made in
the complaint, he shall so state, and this shall have
the effect of a denial.
Capacity of parties
Rule F, )ec. 2
*acts showing the capacity of a party to sue or be
sued or the authority of a party to sue or be sued in
a representative capacity or the legal e8istence of
an organi%ed association of persons that is made a
party, must be averred. - prty desiring to raise an
issue as to the legal e8istence of any party or the
capacity of any party to sue or be sued in a
representative capacity, shall do so by specific
denial, which shall include such supporting
particulars as are peculiarly within the pleaderQs
knowledge.
Genuineness of document
Rule F, )ec. F
0hen an action or defense is founded
upon a written instrument, copied in or attached t o
the corresponding pleading as provided in the
preceding section, the genuineness and due
e8ecution of the instrument shall be deemed unless
the adverse party, under oath specifically denies
them, and sets forth what he claims to be the facts;
but the re9uirement of an oath does not apply when
the adverse party does not appear to be party to the
instrument or when compliance with an order for
an inspection of the original instrument is refused.
Donato v. CA
Controversy over a parcel of land
allegedly sold to defendants by Rarang by virtue of
special power of attorney e8ecuted the by the
mother @deceasedC of plaintiffs. "rial court held in
favor of plaintiffs on the ground that defendants
failed to present evidence to prove genuineness of
the power of attorney. C- -ffirmed.
)upreme Court held that while R.F, )ec. F
provides for rule on implied admission of the
genuineness and due e8ecution of a document
sub/ect of an actionKdefense, one e8ception is
when the adverse party does not appear to be a
party to the instrument. &n this case, their plaintiffs
were mere witnesses to the power of attorney in
9uestion. ;esides, the document should not be
afforded presumption of genuineness and due
e8ecution in view of the discrepancies in its
e8ecution.
Negative pregnant
PHILAMGEN v. Sweet Lines
Controversy over several shipments of
chemicals aboard the vessel owned by )weet $ines
which were delivered damaged and lacking in
number to plaintiff 64&$-3D#. )weet $ines
argued that the action has prescribed since the
claim for damages were not presented within the
period stipulated in the bills of lading.
64&$-3D# contended that the bills of lading
were not presented in evidence, therefore, since the
tenor and e8istence of the stipulations were not
established, it was inconceivable how they can
comply therewith. "rial court held in favor of
64&$-3D# but C- reversed.
)upreme Court held that the action has
already prescribed. ;esides, plaintiffQs failure to
specifically deny the e8istence, genuineness and
due e8ecution of the instruments amounted too an
admission.
64&$-3D#Qs denial has procedural
earmarks of a Rnegative pregnantR which is a denial
pregnant with the admission of the substantial facts
in the pleading responded to which are not s9uarely
denied. )uch defense is in effect an admission of
the averment. "hus, while they ob/ected to the
stipulation in the bills of lading as being contrary to
policy, e8istence of the bills were nevertheless
impliedly admitted.
Affirmative
Rule A, )ec. :@bC
@bC -n affirmative defense is an allegation
of a new matter which, while hypothetically
admitting the material allegations in the pleading of
the claimant, would nevertheless prevent or bar
recovery by him. "he affirmative defenses include
fraud, statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former
recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance.
Periods to plead
Rule 11, )ec. 1
"he defendant shall file his answer to the
complaint within 1: days after service of summons,
unless a different period is fi8ed by the court.
Rule 11, )ec. 2
0here the defendant is a foreign private
/uridical entity and service of summons is made on
the government official designated by law to
receive the same, the answer shall be filed within
1B days after receipt of summons by such entity.
Rule 11, )ec. 1
0here the plaintiff files an amended
complaint as a matter of right, the defendant shall
answer the same within 1: days after being served
with a copy thereof.
0here its filing is not a matter of right,
the defendant shall answer the amended complaint
within 1B days from notice of the order admitting
the same. -n answer earlier filed may serve as the
answer to the amended complaint if no new answer
is filed.
62
"his Rule shall apply to the answer to an
amended counterclaim, amended cross<claim,
amended third @fourth, etcC party complaint, and
amended complaint<in<intervention.
Waiver of defenses
Rule H, )ec. 2
- compulsory counterclaim, or a cross<
claim, not set up shall be barred.
Director of Lands v. CA, 106 SCRA 426 ('81)
Facts: Resp. filed an application for confirmation
of imperfect title. "he ,ir. of $ands opposed. "he
trial ct. ruled in favor of resp. !n appeal, the ,ir.
raised the argument that the award to resp. is
erroneous on ground of res /udicata. "he lots were
already declared public lots in a cadastral
proceeding, it cannot be awarded to the private
resp.
Held: "he failure of the ,ir. to raise in the
proceedings before the trial ct. to interpose his
ob/ection nor set up the defense of res /udicata
constitutes procedural infirmity wKc cannot be
cured on appeal. -ll defenses not interposed in a
motion to dismiss or in an answer are deemed
waived. &t cannot be pleaded for the first time or
on appeal.
Counterclaims
$#C"(R# ! C$-&3) -,
C!("#RC$-&3).
$. are all counterclaims that are not compulsory
permissiveM
-. o; permissive counterclaims need not arise
from same transaction or occurrence constituting
the sub/ect matter of the opposing partyQs claim
Compulsory counterclaim. need not pay docket
fees since ancillary to main case
6ermissive counterclaim. need to pay docket fees
since has lfe independent of transaction in main
case
-pply $ogical Relationship "est. arising out of
same transaction
&f there is duplication of effort and time, then
compulsory counterclaim
R!C. if counterclaim only for sum of money less
/uridical limit, within R"C /urisdiction via
compulsoryKpermissive counterclaim
Crossclaims always compulsory since arise from
same transaction or occurrence that is the sub/ect
matter of the complaint. 3andatory to raise it or
else barred forever
D! 5 C-
$. Do did not sue $im since business partners or
didnQt want to spend more, etc.
)C wanted Do to sue $im, wondered whyM
$. see that )C not ac9uainted with business
practices
"est. if 6 chose to sue only one 6, then
the other 6 can be /oined as party
$im could have been necessary
party thus Clover v Do
Do can file 1rd party complaint v.
$im
$. ,o all 1rd party complaints arise from the same
transaction or 9uestion of lawM
-. o eg. &nsurance and torts
"est. if 1rd party , can be subrogated for , and ,
can raise same defense @Rule 12C
6-)C(-$ 5 ;-("&)"-
$. )C did not rule on 0K 1rd party complaint
propert since not put in issue. 4ere, 1rd<party
complaint, since ancillary, then left behind, not
carried with main cause of action on appeal
@,ifferentiate from R#6(;$&C 5 C#"R-$
)(R#"7 where C- ac9uired /urisdiction since
Central )urety appealedC )ince *lores did not
appeal, C- did not ac9uire appellate /urisdiction
over him
Defined and in general
Rule A, )ec. A
- counterclaim is any claim which a
defending party may have against an opposing
party.
Rule A, )ec. G
- compulsory counterclaim is one which,
being cogni%able by the regular courts of /ustice,
arises out of or is connected with the transaction or
occurrence constituting the sub/ect matter of the
opposing partyQs claim and does not re9uire for its
ad/udication the presence of third parties of whom
the court cannot ac9uire /urisdiction. )uch a
counterclaim must be within the /urisdiction of the
court both as the amount and the nature thereof,
e8cept that in an original action before the R"C,
the counterclaim may be considered compulsory
regardless of the amount.
BA Finance v. Co, 224 SCRA 163 ('93)
Facts. ,oes the dismissal of the complaint for
non<appearance of plaintiff at pre<trial upon motion
of the defendant carry wK it the dismissal of
compulsory counterclaimM &n C-;, the plaintiff
did not appear at pre<trial, the defendant moved for
the dismissal of the complaint. "he same was
granted. ow, the defendant moves for an
ad/udication of his compulsory counterclaim.
Held. 7#). Compulsory counterclaim is also
dismissed. "here are several re9uirements of a
compulsory counterclaim.
63
&t arises out or is necessarily. connected wK the
transaction or occurrence that is the sub/. matter of
the opposing parties claim.
&t does not re9uire the presence of third parties of
whom the ct. cannot ac9uire /urisdiction.
"he trial ct. has /urisdiction to entertain the
same. "he test of compulsoriness is . 0! the
same evidence to sustain it would refute the
plaintiff?s cause of action.
&n C-;, the compulsory counterclaim
cannot remain pending for independent
ad/udication. "he CC is au8iliary to the proceeding
in the original suit I merely derives its
/urisdictional support fr. the orig. case. &f the ct.
has no or loses /urisdiction over the main case, it
has no /urisd8n over the comp. counterclaim. &n
C-;, the ct. has lost /urisd8n. over the main case
by virtue of its dismissal upon motion by the
defendant.
Reyes v. CA, 38 SCRA 138 ('71)
Facts. Reyes were lessees of a bldg. owned by
Jalaw. Jalaw sought the e/ectment of Reyes.
Reyes filed an action wK City Court for prel.
in/unction I Jalaw filed a counterclaim for
damages. "he C- ultimately awarded temperate
damages in favor of Jalaw.
Held. "he award of temp. damages is in error. the
damages contemplated in a forcible entry I
detainer cases like the one at bar means rents I
reasonable compensation or for use of the property
e8cluding profits wKc might be received. "he issue
in this kind of suit is merely possession. &n C-;,
while the damages arose out of the same
transaction, these are not CC?s bec. they e8ceed the
/urisdiction of the inferior ct.. "he rule on bars to
cc, meaning the counterclaim cannot be set up in a
difference. case if not set up in the main case,
applies only when the inferior ct. involved has
/urisdiction over the claim.
"he reason for barring cc not set up in an
orig. case is to avoid multiplicity of suits I to
dispose of the whole matter in controversy in one
action I ad/ustments of defendants demand by
counterclaim.
Maceda v. CA, 176 SCRA 440 ('89)
Facts. "hree e/ectment cases were filed in the
3"C vs. 3aceda. 3aceda set up a counterclaim
amounting to 22B,BBB. "he R"C granted 3aceda?s
counterclaim. "he C- denied the grant on appeal.
Held. "he C- correctly ruled that the 3"C did
not have original /urisdiction over the counterclaim
as it e8ceeds 2B,BBB, correspondingly, the R"C
could not have appellate /urisdiction over the
claim. "hus, the award to 3aceda is invalid for
lack of /urisdiction. "he /urisdiction of the 3"C in
a civil action is limited to a demand that does not
e8ceed 2B,BBB e8clusive of interests I costs but
inclusive of damages of whatever kind. -
counterclaim in a municipal or city ct. beyond that
/urisdictional limit may be pleaded only by way
defense to weaken the plaintiff?s claim but not to
obtain affirmative relief.
How raised
Included in answer
Rule A, )ec. H
- counterclaim may be asserted against an
original counterclaimant.
- cross<claim may also be filed against an
original cross<claimant.
Rule 11, )ec. F
- compulsory counterclaim or a cross<
claim that a defending party has at the time he filed
his answer shall be contained therein.
After answer
Rule A, )ec. H supra.
Rule 11, sec. H
- counterclaim or a cross<claim which
either matured or was ac9uired by a party after
serving his pleading may, with the permission of
the court, be presented as a counterclaim or a cross<
claim by supplemental pleading before /udgment.
Rule 11, )ec. 1B
0hen a pleader fails to set up a
counterclaim or a cross<claim through oversight,
inadvertence, or e8cusable neglect, or when /ustice
re9uires, he may, by leave of court, set up the
counterclaim or cross<claim by amendment before
/udgment.
In criminal actions
Rule 111, )ec. 1
Rule 11H, )ec. 1
Shafer v. RTC 1udge, 167 SCRA 386 ('88)
Facts. )hafer is the owner of a car involved in an
accident. - case was filed vs. him for reckless
imprudence. )hafer filed a third party complaint
impleading his insurer. "he "6C was dismissed
upon motion by the ins. co. on the ground that
)hafer has to pay first I found liable before the
insurer could be made to pay the claim. )hafer
alleges that the dismissal of the "6C amounts to a
denial or curtailment of his right to defend himself
in the civil aspect of the case.
Held. "he lower ct. erred in dismissing the "6C
on the ground that there is no C!- vs. the ins. co.
"here is no need on the part of the insured to wait
for the decision of the trial ct. finding him guilty of
reckless imprudence. "he occurrence of the in/ury
to third party immediately gave rise to the liability
of the insurer. - third party complaint is a device
allowed by the R!C by wKc the defendant can
bring into the original suit a party vs. whom he
will have a claim for indemnity or remuneration as
a result of a liability established vs. him in an
original suit. "6C?s are allowed to minimi%e the
number of lawsuits established vs. him to avoid the
necessity. of two or more lawsuits involving the
same sub/. matter.
1avier v. IAC, 171 SCRA 605 ('89)
Facts. - case for violation of ;6 22 was filed vs.
resp. Resp. on his part filed a separate civil action
64
in another ct. for damages alleging that the check
was issued through fraud I deception practiced
upon him by the pet. the pet. filed a motion to
dismiss the second case on grounds of lack of
/urisdiction I litis pendentia. "he same was
denied.
Held. "he lower ct. should dismiss the second case
for damages. -s the civil action was not reserved
by the pet. in the orig. case, it is deemed impliedly
instituted wK the crim. case in the R"C in
accordance. wK Rule 111 )ec. 1. &t was before the
R"C where resp. could have e8plained why he had
issued the check. "he civil action filed by resp.
based on the same act should be deemed filed in
the same R"C too. 4e could have done this by
way of a counterclaim for damages for the alleged
deception of the pet. &n fact, the counterclaim is
compulsory I could have been also set up as an
affirmative defense.
Kinds of counterclaims
Compulsory
Rule A, )ec. G, supra.
Rule H, )ec. 2, supra.
Meliton v. CA, 216 SCRA 485 ('92)
Facts. Tiga filed a complaint ad/acent 3eliton for
rescission of a contract of lease. 3eliton answered
wK counterclaims. Tiga filed an 3", I the same
was granted. "he CC of 3eliton was dismissed
wKo pre/udice on the ground that the docket fees
were not paid, the ct. did not ac9uire /urisdiction
over the counterclaim. 3eliton instituted a
separate. civil action for his counterclaim but the
same was dismissed on the ground that his claims
are compulsory I should have been set up in the
case filed vs. him by Tiga. 3eliton?s failure to do
so amounted to a bar to a filing of a subse9uent
case based on the same ground.
Held: 0hile it is true that the counterclaim of
3eliton satisfies the re9uisites of a compulsory
counterclaim, in C-;, the )C allowed 3eliton to
file a separate. civil action on the counterclaim.
"he )C held that )ec. 2 of Rule H is not applicable
beech. 1C 3eliton set up the CC in the prior case
but the same was dismissed. 2C "he prior case was
ad/udicated not on the merits so that res /udicata
would not lie. 1C the first counterclaim was
dismissed by the R"C on the ground of $!+. 2C &n
the R"C order, there was a reservation for the
filing of a separate. case based on the counterclaim.
"he lower ct. in the prior case erred in
dismissing the counterclaim for non<payment of
docket fees. "he lesson of 3anchester provides
that payment of docket fees for purposes of
assuming /urisdiction over the claim is necessary
only for permissive counterclaims I does not apply
for compulsory counterclaims like the one at bar.
TEST OF COMPULSORINESS.
#8istence of a logical relationship
between the claim in the complaint I the
counterclaim. 0here conducting separate trials of
the respective claims would entail substantial
duplication of effort I time I involves many of
the same factual I legal issues.
Lim Tanhu v. Ramolete, 66 SCRA 425 ('75)
Facts. "his is the 1BUU page case wKc was so
diligently digested by 3iss )ecretary $ourie but
was not discussed in class @-ng bitterYC. (pon
motion of the plaintiff, 2 of the A defendants were
declared in default while the case vs. the remaining
two were dismissed upon motion by the plaintiff.
Held. "he respondent /udge erred in dismissing
the 2 defendants fr. the case. "he respondent
/udge disregarded the e8istence of a counterclaim
wKc the /udge earlier declared to be compulsory in
nature. - counterclaim is compulsory nature if it
arose out of or is necessarily connected wK the
occurrence that is the sub/ect matter of the
plaintiff?s claim. &t is compulsory not only bec. the
same evidence to sustain it will also refute the
cause of action alleged in plaintiff?s complaint but
also bec. fr. its very nature it is obvious that the
counterclaim cannot remain pending for
independent ad/udication of the ct.. @ see Rule 1G
)ec. 2 C
Permissive
Remedies
*or failure to raise
Rule H, )ec. 2, supra.
Visayan Packing v. Reparations Commission,
155 SCRA 542 ('87)
Facts. R#6-C!3 sought to collect vs. 5isayan.
5isayan instituted an action for declaratory relief
alleging that the contract bet. them is ambiguous wK
respect to its failure to define clearly the terms of
payment. R#6-C!3 then filed an ordinary civil
action for collection. 5isayan moved to dismiss
the collection suit on the ground of $C!-.
Held. "he separate. collection suit should have
been dismissed I set up as a CC in the declaratory
relief suit filed by 5isayan packing by way of an
amended answer. &n C-;, the actions proceeded
independently I were decided on the merits.
4owever, under the circ. where the length of time
the case has been pending, it would be violative to
subs. /ustice to pronounce the proceedings in the
collection suit totally defective for breach of the
rule on compulsory counterclaim. Rules of
6rocedure are after all laid down to attain /ustice I
technicalities cannot prevail over substance.
!versight, inadvertence, e8cusable
neglect, et al
Rule 11, )ec. 1B, supra.
BA Finance v. Co, 224 SCRA 163 ('93)
Facts. ,oes the dismissal of the complaint for
non<appearance of plaintiff at pre<trial upon motion
of the defendant carry wK it the dismissal of
compulsory counterclaimM &n C-;, the plaintiff
did not appear at pre<trial, the defendant moved for
the dismissal of the complaint. "he same was
65
granted. ow, the defendant moves for an
ad/udication of his compulsory counterclaim.
Held. 7#). Compulsory counterclaim is also
dismissed. "here are several re9uirements of a
compulsory counterclaim.
&t arises out or is necessarily. connected wK the
transaction or occurrence that is the sub/. matter of
the opposing parties claim.
&t does not re9uire the presence of third parties of
whom the ct. cannot ac9uire /urisdiction.
"he trial ct. has /urisdiction to entertain the
same. "he test of compulsoriness is . 0! the
same evidence to sustain it would refute the
plaintiff?s cause of action.
&n C-;, the compulsory counterclaim
cannot remain pending for independent
ad/udication. "he CC is au8iliary to the proceeding
in the original suit I merely derives its
/urisdictional support fr. the orig. case. &f the ct.
has no or loses /urisdiction over the main case, it
has no /urisd8n over the comp. counterclaim. &n
C-;, the ct. has lost /urisd8n. over the main case
by virtue of its dismissal upon motion by the
defendant.
&n case main action fails
*or failure to raise permissive
counterclaims
Answer to counterclaim
In general
Rule A, )ec. 2, supra.
Period to plead
Rule 11, )ec. 2
-n counterclaim or cross<claim must be
answered within 1B days from service.
Reply
Defined and in general
Rule A, )ec. 1B
- reply is a pleading, the office of which
is to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the
answer and thereby /oin or make issue as to such
new matters. &f a party does not file such reply, all
the new matters alleged in the answer are deemed
controverted.
&f a plaintiff wishes to interpose any
claims arising out of the new matters so alleged,
such claims shall be set forth in an amended or
supplemental complaint.
When required
Rule A, sec. 1B, supra.
Challenge due authenticity of documents
Rule F, )ec. F, supra.
Usury
Rule H, sec. 1
Period to plead
Rule 11, )ec. A
- reply may be filed within 1B days from
service of the pleading responded to.
Third/Fourth Party Complaint
Defined
Rule A, sec. 11
- third @fourth,etc.C<party complaint is a
claim that a defending party may, with leave of
court, file against a person not a party to the action,
called the third @fourth, etcC<party defendant, for
contribution, indemnity, subrogation or any other
relief, in respect of his opponentQs claim.
Go v. CA, 224 SCRA 143 ('93)
Facts. Clover delivered denim garments to Do but
the latter refused to pay on the ground that he
received the goods fr. $im to whom he already
made payments. $im was made a witness for Do
instead of being impleaded as a third party def.
Held. $im should have been impleaded as a third
party def. Do should still pay. - third party
complaint is a claim that a def. may wK leave of ct.
file vs. a third person not party to the action called
third party def. for cont. indemnity, subrogation or
any other relief in respect to opponent?s claim. &n
C-;, if payments to $im were true, then Do could
have impleaded him as a "6, for relief vs.
Clover?s claim vs. him.
Pascual v. Bautista, 33 SCRA 301 ('70)
Facts. "he issue involved in this case is the nature
of a third party complaint. &s a third party
complaint arising fr. the same transaction or
occurrence a separate action fr. the main
complaintM
Held. - "6C is similar to a cross<claim in that a
"6C plaintiff seeks to recover fr. another person
some relief wK respect to the opposing party?s claim
but it differs fr. a cross<claim in that in cross<
claims, the third party is already impleaded in the
main action while in "6C, the def. seeks to implead
a third party not yet include in the main action. -
counterclaim does not depend upon the main claim
but rests on 0! the claim is based or related to
the same transaction. - "6C, the relation must be
to the claim, to the C!- I not to the transaction fr.
wKc the claim arises.
Balbastro v. CA, 48 SCRA 232 ('72)
Facts. "here are two persons contesting the right
to receive rental payments of ;albastro. the $atter
filed an action for interpleader I consignation vs.
the two claimants. !ne claimant, *ernande% then
filed a third Oparty complaint vs. ;albastro for
refusing to pay the rents to him. ;albastro moved
to dismiss the "6C but the R"C I C- denied the
motion.
Held. - "6C has the following re9uisites.
66
"he complaint should assert a derivativeK
secondary claim for relief fr. the third party
defendant.
"he third party should not be a party to the
action, otherwise, the claim should be a
counterclaim or cross<claim
Claim vs. the third party def. must be based on
the pltf. claim vs. the orig. def.
"hus, citing the case of Capayas, = the
test to determine 0! to allow a "6C is 0! it
arises out of the same transaction on wKc pltf?s
claim is based o retired party?s claim, though
arising out of a different transaction or contract is
connected wK pltf?s claim. -bsent a ne8us between
third party def. I third party pltf. showing strong
evidence of a secondary or derivative liability of
former in favor of the latter, no third party
complaint may be allowed.
4owever, in the C-;, in lieu wK the
policy of avoiding multiplicity of suits, the )C
allowed the "6C of *ernande%.
Republic v. Central Surety, 25 SCRA 641 ('68)
Facts. Rep. filed an action vs. Central )urety for
forfeiture of the bond it issued when 6o Jee Jam,
a def. in C&, proceedings failed to appear . "he
)urety filed a "6C vs. 6o Jee Jam on ground that
the latter e8ecuted an indemnity agreement in favor
of the surety. "he "C dismissed the "6C on the
ground that the 1rd party claim is only A,BBB.
Held. - "6C is an ancillary suit wKc depends on
the /urisdiction of the ct. over the main action.
+urisdiction over the main action embraces all the
incidental matters arising therefr. or connected
therewK, otherwise there would be split /urisdiction.
"he "6C is a continuation of the main action the
purpose of wKc is to seek contribution or any other
relief in resp. to opponents claim. "hus, regardless
of $!+ over the amount in "6C, when ct. has
/urisd8n. over main action, it has /urisd8n. over the
"6C.
&n "6C, the defendant sue in capacity he
is being sued wK resp. to pltf. claim in the main
action. the def. cannot compel the pltf. to implead
the third party def. "here must also be privity of
contract in relation to the property in litigation.
TEST. there must be a showing that such
third party is or might be liable to the def. or pltf.
for all or part of the claim vs. the def.
< 0! it arises out of the same
transaction on wKc pltf?s claim is based.
@ C-5#-"C
"he ct. must wait before the 1rd party def.
files his answer before proceeding to trial since
before the answer, the case is not yet ready for
trials as issues have not yet been /oined.
Remedies when denied
-ppeal, De Dios v. Balagot, 20 SCRA 950
Facts. "his is an action for recovery of possession
of land filed by ,e ,ios v. ;alagot. the latter filed
a third party complaint fr. his alleged seller of the
lot. "he "6C was denied.
Held. "he remedy for an order denying motion to
file "6C is -66#-$. -n order disallowing "6C is
appealable to enforce the vendor?s warranty vs.
eviction since it leaves no other alternative to
enforce such warranty. Remember )ales, where
the vendee must file an action vs. the vendor to
make him liable for breach of warranty vs.
eviction. @ -rt. 1::H CC< the vendee may do this in
two ways. 1C -s a co<defendant. 2C -s a third party
def.C
"he appeal would finally dispose of
;alagot?s rights to enforce the warranty.
Answer to third/fourth party complaint
In general
Rule A, )ec. 11
- third @fourth, etc.C<party defendant may
allege in his answer his defenses, counterclaims or
cross<claims, including such defenses that the third
@fourth, etcC<party plaintiff may have against the
original plaintiffQs claim. &n proper cases, he may
also assert a counterclaim against the original
plaintiff in respect of the latterQs claim against the
third<party plaintiff.
Time to plead
Rule 11, )ec. :
"he time to answer a third @fourth, etc.C<
party complaint shall be governed by the same rule
as the answer to the complaint.
Extension of time to plead
Rule 11, )ec. 11
(pon motion and on such terms as may be
/ust, the court may e8tend the time to plead as
provided in these Rules.
"he court may also, upon like terms, allow
an answer or other pleading to be filed after the
time fi8ed by these Rules.
Formal Requirements
Rule G
)ec. 1 Caption
"he caption sets forth the name of the
court, the title of the action, and the docket number
if assigned.
"he title of the action indicates the names
of the parties. "hey shall be named in the original
complaint or petition; but in subse9uent pleadings,
it shall be sufficient if the name of the first party in
each side be stated with an appropriate indication
when there are other parties.
"heir respective participation in the case
shall be indicated.
)ec. 2 The body
"he body of the pleading sets forth its
designation, the allegations of the partyQs claims or
defenses, the relief prayed for, and the date of the
pleading.
@aC Paragraphs < "he allegations in the
body of a pleading shall be divided into paragraphs
so numbered as to be readily identified, each of
which shall contain a statement of a single set of
circumstances so far as that can be done with
67
convenience. - paragraph may be referred to by
its number in all succeeding pleadings.
@bC Headings < when 2 or more causes of
action are /oined, the statement of the first shall be
prefaced by the words RRfirst cause of actionR of
the second by
Rsecond cause of actionR, and so on for the others.
0hen one or more paragraphs in the
answer are addressed to one of several causes of
action in the complaint, they shall be prefaced by
the words Ranswer to the first cause of actionR, or
Ranswer to the second cause of actionR and so on;
and when one or more paragraphs of the answer
are addressed to several causes of action, they shall
be prefaced by the words to that effect.
@cC Relief < "he pleading shall specify the
relief sought, but it may add a general prayer for
such further or other relief as may be deemed /ust
or e9uitable.
dC Date < #very pleading shall be dated.
)ec. 1 Signature and address
#very pleading must be signed by the
party or counsel representing him, stating in either
case his address which should not be a post office
bo8.
"he signature of counsel constitutes a
certificate by him that he has read the pleading;
that to the best of his knowledge, information and
belief there is good ground to support it; and that it
is not interposed for delay.
-n unsigned pleading produces no legal
effect. 4owever, the court may, in its discretion,
allow such deficiency to be remedied if it shall
appear that the same was due to mere inadvertence
and not intended for delay. Counsel who
deliberately files an unsigned pleading, or signs a
pleading in violation of this Rule, or alleges
scandalous or indecent matter therein, or fails to
promptly report to the court a change of his
address, shall be sub/ect to appropriate disciplinary
action.
)ec. 2 Verification
#8cept when otherwise specifically
re9uired by law or rule, pleadings need not be
under oath, verified or accompanied by affidavit.
- pleading is verified by an affidavit that
the affiant has read the pleading and that the
allegations therein are true and correct of his
knowledge and belief.
- pleading re9uired to be verified which
contains a verification based on Rinformation and
beliefR, or upon Rknowledge, information and
beliefR, or lacks proper verification shall be treated
as an unsigned pleading.
)ec. : Certification against forum shopping
"he plaintiff or principal party shall
certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or in
a sworn certification anne8ed thereto and
simultaneously filed therewith. @aC that he has not
theretofore commenced any action or filed any
claim involving the same issues in any court,
tribunal or 9uasi</udicial agency and, to the best of
his knowledge, no such other action or claim is
pending therein; @bC if there is such other pending
action or claim, a complete statement of the present
status thereof; and @cC 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 :
days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed.
*ailure to comply with the foregoing
instruments shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of the
case without pre/udice, unless otherwise provided,
upon motion and after hearing. "he submission of
a false certification or non<compliance with any of
the undertakings therein shall constitute indirect
contempt of court, without pre/udice to the
corresponding administrative and criminal actions.
&f the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping,
the same shall be ground for summary dismissal
with pre/udice and shall constitute direct contempt,
as well as a cause for administrative sanctions
$#C"(R# ! )"-D#) !* "R&-$.
0!R, D-3#.
3otion. re9uest for interlocutory order related to
relief prayed for in pleading
6leading. sets forth ultimate facts and defenses
Complaint. pleading that starts off civil action
-nswer. defense against claims in complaint and
present issues in case
&ssue. allegation denied
-llegation. ultimate fact
$. ,istinguish between. Conclusion of $aw;
(ltimate *acts; and #videntiary *acts
on<issue if aC not alleged therefore not need
to be denied
bC acceptance of allegation
,efense. tends to defeat claim as alleged in
complaint
$. prayer would be to dismiss for fact of merit
Counterclaim. if answer with affirmative relief
egative defenses. which factual allegations in
complaint alleged as issues
&ssues. allegations and denials /oined
68
Deneral denial. accept everything. admission of
everything. it specifically denies each and every
allegation made by the plaintiff. therefore, no
factual issues anymore and so no more need to go
through trial or pre<trial
$. Counsel for 6. file motion for /udgment on the
pleading
)pecific denial proper. 9ualified, under oath and
allege lack of knowledge or information sufficient
to support a belief @0&"C
-ffirmative defense. defeats allegations contained
in complaint
#ffect. if able to prove during hearing,
then entire pleading of the other party is defeated
#g. ,efense of $ack of /urisdiction or failure to
undergo a condition precedent. &t is a new matter.
4ypothetical admission but still avoidance. Relief
prayed for is dismissal of complaint
(nlike Counterclaim. raises a relief other than
dismissal of complaint; always allege a new matter
will have specific and general denials.
Compulsory counterclaim. arises from the same
transaction or relation. &f not set up immediately,
deemed barred
"est. the logical relationship test < if there is
substantial duplication of efforts or that the same
set of evidences will be used to prove the complaint
and the counterclaim
Reply. if no reply, matters raised in counterclaim
deemed incontroverted
&f with reply, all new matters raised in
answer deemed controverted
Reply necessary when need to challenge new
matters raised by affirmative defense. CanQt rely on
implied setting up of specific denial
,ocument. res ipsa lo9uitur. thing speaks for
itself
,eny under oath. aC genuineness and due
e8ecution of the document
bC usury charges
$. -mended and )upplemental 6leadings
+oinder of 6arties. arises from the same transaction
or common 9uestion of fact or law
+oinder of Causes of -ction. so long as the court
has /urisdiction, party can raise all causes of action
between the original 6 and ,
6 can raise all causes of action against , arising
from different sources but if court has no + over the
cause of action, canQt /oin cause of action
;ut if complaint filed with the R"C* for a sum of
money, if the sum is within R"CQs /urisdiction, then
can raise
&f you want to bring in a new ,, need to find
commonality in cause of action originally raised,
not commonality of parties
Counsel for ,. Remedies when a complaint is
filed.
@note. , must wait until court ac9uires /urisdiction
and serves him with summons @service, not
summons, if court sends him other pleadingsC or he
can voluntarily appear and let the court ac9uire
/urisdiction over him
file bill of particulars; file motion for e8tension of
time for filing a pleading and file an amended
pleading K supplemental pleading
*inal !rderK,ismissal
1. 3", @filed by ,C
1. ,ismissal of action by notice or motion @filed by
6C
1. ,efault @, not actC
1. on<sut @6 acts maliciously and not do what is
re9uired of him Rule 1G sec. 1
!r 6 acts passivelyC
$. the trial is not about /ustice, itQs about what you
can prove
Rule 13
Service of Pleadings
Coverage, Rule 11, )ecs. 1, 2
*iling
,efined, Rule 11, )ec. 2
4ow, Rule 11, )ec. 12
6roof of *iling, Rule 11, )ec. 12
)ervice
,efined, Rule 11, )ec. 12
3odes of )ervice
Denerally, Rule 11, )ec. :, )ec. 11
6ersonal, Rule 11, )ec. A
Registered 3ail, Rule 11, )ec. G
)ubstituted )ervice, Rule 11, )ec. F
Echaus v. CA
Facts: )pouses Don%ales file action for collection
of debt vs. #chaus. Ct. orders # to pay. # files wK
)C certiorari to set aside decision, denied; then
mandamus to allow appeal, granted. # files wK "C
(rgent 3otion to "ransmit Record on -ppeal to
C-. -t the hearing, +udge verbally approves the
record on appeal in abeyance, until resolution of
Dps 3otion for #8ecution of the "C /udgment. #
asks C- to order +udge to comply wK )C decision,
denied. C- says no willful refusal on part of +udge
to comply wK order. # goes to )C, says her appeal
had been perfected when the +udge verbally
approved the record on appeal.
Held. "he oral order approving the record on
appeal had no /uridical e8istence; to give it that
e8istence it had to be reduced to writing I
promulgated @filed wK clerk of ct.C. ;ut even if it
had been written I promulgated, even if it had
already been properly served on the parties, it still
was wKin the power of the +udge to recall it I set it
69
aside. *or every ct. has the inherent power to
amend its process I orders so as to make them
conform to law I /ustice.
o /udgment, or order whether final or
interlocutory, has /uridical e8istence until I unless
it is set down in writing, signed I promulgated,
i.e., delivered by +udge to clerk of ct. for filing,
release to the parties I implementation I even
after this, it does not bind the parties unless I until
notice thereof is duly served on them by any of the
modes prescribed by law.
)ervice of +udgments, *inal !rders or
Resolutions, Rule 11, )ec. H
Completeness of )ervice, Rule 11, )ec. 1B
6roof of )ervice, Rule 11, )ec. 12, 11
)ee also )C Circular o. 1H<H1
Rule 14
Summons
,efinition and purpose
,uty to issue, Rule 12, )ec 1, :
*orm
Content, Rule 12, )ec 2
&f with leave of court, Rule 12, )ec. 1G
0ho serves, Rule 12, )ec 1
!n 0hom,
&n general, Rule 12, )ec 1, A
#ntity without /uridical personality, Rule
12, )ec F
-ssociations, Rule 12, )ec H
,omestic, Rule 12, )ec 11
Rebolido v. CA, 170 SCRA 800 (1989)
Facts. 6epsi Cola was served summons, in
connection wK a case for damages arising fr.
vehicle<collision, through )ison who represented
herself as a person authori%ed to received ct.
process as she was a secretary of the legal dept. of
6epsi Cola. $ater, 6epsi Cola was dissolved, I all
its debts I liabilities were assumed by 6#6)&C!.
3eanwhile, 6epsi Cola was declared in default in
the aforementioned case, I writ of e8ecution was
served on 6#6)&C!. "he latter now moves to
vacate /udgment, alleging lack of /urisdiction of the
ct. as the summons was served on the legal
secretary of 6epsi Cola, not 6#6)&C!.
Held. "here was valid service of summons.
1. -lthough 6epsi Cola was already dissolved
when summons was served, the same may be
served upon the same person upon whom the
process could be served before the dissolution.
"herefore, service to any of the persons in R 12
)ec. 11 is allowed.
2. 6urpose of )ummons. "o render it reasonably
certain that corporation will receive prompt I
proper notice in an action vs. it.
1. $iberal &nterpretation of )ec. 11. "hat there is
Substantial Compliance wK the re9uirement of )ec.
11 if the purpose for the service of summons is
attained$ A the person served )new what to do w9
the legal papers served upon him.
Summit Trading v. Avendano, 146 SCRA 197
(1986)
Facts. &n connection wK a case for redemption of
lots filed vs. )" @"ypeYC, summons were served on
the )ecretary of the 6resident of )ummit "rading.
)" was later held in default. +udgment was
rendered vs. it. )" filed 3*R contending that ct. in
the first place did not ac9uire /urisdiction over the
company when it served summons on the )ec of
the 6res. who is not an agent of the company.
Held. )ince the )ecretary did not e8plain what she
did to the summons, the logical assumption is that
she gave it to her boss. @)C here considered the
fact that a copy of the default /udgment held vs. )"
was also served on the )ec. I the same reached the
6res., I conse9uently, )" was able to file a 3*R.C
0hile )ummit "rading is technically
correct in contending that there was no strict
compliance wK )ec. 11, under the facts of this case$
where the -resident contact the outside world
normally through his Secretary$ the latter may be
regarded as an CagentD w9in the meaning of Sec.
EF.
ote. Remember that )C did not rule
that service upon )ecretaries is always proper. &t
was only under the facts of the C-; that )ec. may
be considered as an agent of the corporation.
*oreign, Rule 12, )ec 12
6ublic corporation, Rule 12, )ec
11
3inors, Ru$e 12, )ec 1B
&nsane, incompetents, Rule 12, )ec 1B
6risoners, Rule 12, )ec H
(nknown defendant, Rule 12, )ec 12
Residents temporarily out, Rule 12, )ec
1F, 1A
Venturanza v. CA, 156 SCRA 305 (1987)
Facts: 5enturan%a was sued for collection of a
sum of money. )ummons for 5 was served upon
her father at his residence in "ondo. 5 was later
held in default. 5 filed 3otion to )et -side
,efault +udgment on the ground that there was no
proper service of summons when it was served not
in her residence wKc was in 6asay City.
Held: "here was no proper service of summons.
1. &t is only when defendant cannot be served wKin
reasonable time that a substituted service may be
availed of under )ec. F @6ls. see 6art 5&C. "he law
re9uires an effort or attempt to personally serve the
defendant, I only after this has failed that a
substituted service may be availed of. 0hyM ;ec.
Substituted Service is in derogation of the usual
method of service. 2t is a method extraordinary in
character A hence may be used only as prescribed
in the circumstances authori8ed by statute.
2. )ubstituted service is valid only if served at
defendant?s residence, !" former residence.
CResidenceD means where he is living at the time
service was made$ even though temporarily out of
the country.
on<resident, Rule 12, )ec 1:
3odes of service
6ersonal, Rule 12, )ec A
70
)ubstituted, Rule 12, )ec G
Laus v. CA, 219 SCRA 688 (1993)
Facts: "his is the 1B<minute case. "orres filed a
complaint for Collection vs. $aus. ,eputy )heriff
went to $aus? residence to serve summons, but
found that there was no one in the house. 4e
waited for 1B minutes. "hen a three<wheeled
vehicle @tricykolC came wK the savior who claimed
to be the maid in the house. "he )heriff served
summons upon the latter. $aus was declared in
default. ;efore he received the final /udgment,
$aus filed an 3", on the ground that there was
ineffective service of summons bec. there was no
indication that ) first e8erted efforts to serve the
same personally before resorting to substituted
service.
Held: "here was an ineffective service of
summons.
3eneral Rule. 3ust serve personally.
"xception. &f cannot serve personally wKin
reasonable period of time, may resort to )ubstituted
)ervice.
5ow can 2mpossibility of Service be shownM ;y
stating efforts made to find defendant personally I
the fact that such efforts failed.
Mapa v. CA, 214 SCRA 417 (1993)
Facts. - complaint for Recovery of sum of money
was filed vs. 4igh 6eak 3ining. )ummons was
issued to be served upon 3apa, the chairperson, I
upon other officers of the corporation. 4owever,
said summons was served upon an employee of
said corp. ,efendants were declared in default.
,efs. filed 3", I )et -side ,efault +udgment on
the ground of lack of /urisdiction of the ct. over
their person as the service of summons was
improper, i.e., served upon an ## who may not be
considered as an =agent> of the corporation;
moreover, )heriff did not indicate in his Return his
efforts at serving summons personally before
resorting to substituted service.
Held. Court lacked /urisdiction.
1. General Rule. )heriff?s Return must show that
prior attempts at personal service were made by the
)heriff I that such attempts had failed, prompting
him to resort to )ubstituted service. 4!0#5#R,
it must be emphasi%ed that &bsence in the Sheriff4s
Return of a statement about the impossibility of
personal service %!"S !T conclusively prove
that the service is invalid. -roof of such prior
attempts may be submitted by the plaintiff during
the hearing of any incident assailing the validity of
the substituted service. 0hile )heriff? Return
carries wK it the presumption of regularity, that
entries therein are deemed correct, it does not
necessarily follow that an act done in relation to the
official duty for wKc the return is made was not
simply done bec. it is not disclosed therein.
;esides, the sheriff?s neglect in making such a
disclosure should not unduly pre/udice the plaintiff
if what was undisclosed was in fact done.
2. "he ## may be considered as an CagentD for
the purpose of Sec. EF$ A there was a substantial
compliance under the said sec. bec. in the C-;,
petitioner failed to deny the statement in )heriff?s
Return that the ## is =authori%ed to receive process
of this nature>, said Return en/oying the
presumption of regularity, I the logical conclusion
is that she delivered the summons to the
corporation.
1. &n an action in personam as in the C-;,
personal service of summons wKin the forum is
essential to the ac9uisition of /urisdiction over the
person of the defendant who does not voluntarily
submit himself to the authority of the ct..
#8traterritorial, Rule 12, )ec 1:
Dial Co. v. Soriano, 161 SCRA 737 (1988)
,&-$ C!. 5. )!R&-!
Facts. ,ial is a foreign corporation organi%ed I
e8isting under the laws of (J, () I 3alaysia. &t
has ! agents, officers or office in the 6hilippines.
&mperial 5egetable !il, a 6hil. corp., entered,
through its -resident, into several contracts wK ,ial
for the delivery of coco oil by the former to the
latter. $ater, &5! repudiated said contracts on the
ground that they are =mere paper trading in
futures> as no actual delivery of coco oil was really
intended. &5! also filed complaint for ,amages
vs. ,ial. R"C, upon motion of &5!, authori%ed the
latter to effect #8traterritorial )ervice of )ummons
to ,ial through ,4$. ,ial, wKo submitting itself to
court?s /urisdiction, filed 3", on the ground that
#8traterritorial )ervice was improper, hence R"C
ac9uired no /urisdiction.
Held. "here was an &mproper service of summons.
1. "here are 2 instances when #8traterritorial
service of summons can be properly done.
aC -ction affects status of the plaintiff
bC -ction relates to, or the sub/ect of wKc is,
property wKin the 6hils., in wKc defendant has or
claims a lien or interest, actual or contingent
cC 0hen relief demanded consists in whole or in
part, in e8cluding the def. fr. any interest in the
property located in the 6hils.
dC ,efendant non<resident?s property has been
attached wKin the 6hils.
2. "he C-; is purely an action for &n/unction, not
any of the 2. "his is only an action in personam.
2n any of the G instances$ Court has
(urisdiction over the R"S$ i.e. personal status or
property$ so (urisdiction over the person is !T
essential.
2n -ersonam < an action vs. a person on
the basis of his personal liability;
2n Rem < action vs. the thing itself instead
of vs. the person.
1. &n C-;, Court cannot sub(ect %ial A Co. to
processes of RTC w9c are powerless to reach them
outside the region over w9c they exercise their
authority.
Sievert v. CA, 168 SCRA 692 (1988)
Facts: )ievert, a citi%en I resident of the 6hils.
received by mail a 6etition for &ssuance of
6reliminary -ttachment wKo previously receiving
any summons I copy of the complaint filed vs.
him. 4is counsel entered a special appearance for
a limited purpose of ob/ecting to the /urisdiction of
the ct..
Held. R"C has no /urisdiction over )ievert.
1. Rule :G )ec. 1. << 0rit of 6reliminary
-ttachment may be applied for by a plaintiff =at
the commencement of the action or at anytime
thereafter...> 4owever, what should be identified is
not the time when the action may be regarded as
having commenced, as this is not necessarily fi8ed
nor identical. The Critical Time to be identified is
71
when the trial ct. ac+uires authority under the law
to act coercively vs. the defendant or his property
in a proceeding in attachment. &nswer# the time
of the vesting of (urisdiction in the ct. over the
person of the defendant in the main case.
2. !;R"S2%"T %"/"%&T. -ttachment
of property may be sought in order to bring R#)
wKin the /urisdiction of the ct., in substitution, as it
were, of the body of the defendant. +urisdiction
over the res I the person of the defendant is, in
such case, ac9uired by service of summons by
publication, though that /urisdiction may be made
effective only in respect of the res attached.
R"S2%"T %"/"%&T. - ct. wKc has not
ac9uired /urisdiction over the person of the
defendant cannot bind that def. whether in the main
case or in an ancillary proceeding such as
attachment proceedings. "he service of a 6etition
for 6relim -ttachment wKo the prior or
simultaneous service of summons I a copy of the
complaint in the main case does not confer
/urisdiction upon the issuing ct. over the person of
the defendant.
Citizen's Surety v. Herrera, 38 SCRA 369 (1972)
Facts. Citi%en?s )urety filed complaint for
reimbursement of money vs. ,acanay. )ince
,acanay?s address was unknown, C) petitioned the
Court that summons be made by publication.
6etition was granted, but still no ,acanay
appeared. @Jung kayo ba s?ya lalabas kayoMC C)
asked the ct. that ,acanay be held in ,efault. "rial
ct. denied since this is an action in personam, I
dismissed the case.
Held. "he /udge was correct that the Court could
not validly ac9uire /urisdiction on a non<appearing
defendant, absent a personal service of summons
wKin the forum. !therwise, there would be a
violation of ,ue 6rocess.
"he proper recourse for the creditor is to
locate properties, real or personal, of the resident
defendant debtor wK unknown address I cause
them to be attached under R:G )ec. 1@fC, in wKc
case, the attachment converts the action into a
proceeding in rem or 9uasi in rem, I the summons
by publication may then accordingly be deemed
valid I effective.
Consolidated Plywood v. Breve,
166 SCRA 589 (1988)
Facts. Consolidated 6lywood I 3indanao 4emp
#8port are co<owners of real property. land I
building. Consolidated undertook to repair I
improve the property, sub/ect to reimbursement fr.
3indanao of 1K2 of costs. -fter 3indanao refused
to pay, a suit for collection was filed by
Consolidated. 0hen summons was issued, it was
found out that 3indanao was no longer doing
business at its former address. Can summons be
served by publicationM
Held. o. )uit is for the collection of an amount
of money<<a personal action, ct. cannot ac9uire
/urisdiction over the person by serving summons by
publication. "he proper recourse for a creditor is to
locate properties, real or personal, of the resident
defendant debtor wK unknown address I cause
them to be attached under R:G )ec. 1@fC, in wKc
case, the attachment converts the action into a
proceeding in rem or 9uasi in rem, I the summons
by publication may then accordingly be deemed
valid I effective.
0aiver of service, Rule 12, )ec 2B
Delos Santos v. Montesa, 221 SCRA 15
(1993)
Facts. &n connection wK a complaint for #/ectment
filed vs. ,e los )antos, summons was served upon
the latter through her mother as the process server
failed to locate the defendant. ,$) filed an 3*R
of 3C decision, alleging, inter alia, that the
summons was improperly served.
Held. 0hile it may appear that there is no proof
that it was impossible to personally serve the
summons, I the statutory norms on service of
summons were not strictly complied wK, by the acts
of the petitioner?s counsel, such defects are deemed
erased. @Counsel filed 3*R C -ppearance of
counsel is e9uivalent to summons unless such is
made to protest the /urisdiction of the ct. over the
person of the defendant. "he 3*R filed cannot be
treated as a special appearance as it raised other
grounds than the invalid service of summons, i.e.
failure to state C!-, no Jatarungang
6ambarangayC.
Return of service, Rule 12, )ec 2
6roof of service, Rule 12, )ec 1F
6ublication, Rule 12, )ec 1H
Registered mail, Rule 12, )ec 1H
!"#) ! )(33!).
5enturan%a < residence means Ractual residenceR
0hat make time reasonable is the efforts e8erted
by the sheriff in serving the summons personally to
the defendants.
Remedies in default /udgment.
1. 3otion for ew "rial
2. -ppeal
1. 3otion for Relief from +udgment
2. 3otion to )et -side +udgment
- /udgment rendered without /urisdiction never
prescribes, passage of time can never correct the
/udgment of a court which has never ac9uired
/urisdiction.
6ersonal and real actions are important in
determining venue of actions.
-ctions in personam and in rem are important for
service of summons.
-ctions affecting personal actions are actions in
rem and therefore e8traterritorial service by
publication may be made.
!ptions for service of summons.
1. 6ersonal service
2. )ubstituted service
1. #8traterritorial service. not a mode of service,
principally
@aC personal
@bC service by publication @always accompanied by
registered mailC
72
)ervice of other 6leadings. Rule 11 )ervice of
)ummons. Rule 12
1. 6ersonal ,elivery
1. 6ersonal )ervice
"o partyKcounsel "o the
defendant only
Residence, to person of suitable no
such thing as service by registered
-ge and ,iscretion
mail
6urpose. ac9uisition of /urisdiction
2. )ubstituted )ervice
2. )ubstituted )ervice
1. #8traterritorial )ervice
#ither personally or by publication
*ile a motion for leave of court inorder to be able
to serve e8traterritorially
#8traterritorial )ervice by publication < may be
made only in four @2C instances as enumerated in
L1: of Rule 12 and ,ial Co. v. )oriano.
&n rem for publication.
Resident temporarily out may be served
e8traterritorially, personally
Can apply to a foreigner having residence in the
6hilippines
Rule 15
Motions
Municipality of Binan v. CA, 219 SCRA
FACTS: 6 filed a civil case for unlawful detainer
vs. D. -fter filing an answer, D filed a 3otion for
6reliminary 4earing as if a 3otion to ,ismiss has
been *iled on the ground that the complaint states
no cause of action. "he 3"C, instead of
conducting a hearing, rendered a /udgment order in
D to vacate the premises.
HELD. - motion for 6reliminary 4earing is
merely 6#R3&))&5#. )ec. : Rule 1A is not
mandatory even when prayed for. &t rests largely
on the sound discretion of the "C I is not a matter
of right demandable. - prelim hearing on an
affirmative defense of lack of cause of action is not
necessary since the 9uestion submitted is the
sufficiency of allegation in the complaint itself.
International Container Terminal Services v,
CA, 214 SCRA
Facts# &C")& adopted its co<respondent 66-?s
3", the complaint vs. them filed by )harp. 0hen
such 3", was granted, &C")& moved for a
reconsideration of said order insofar as it dismissed
&C")&?s counterclaim.
Held:
1. ,ismissal of complaint on defendant?s own
motion operated to also dismiss the counterclaim
9uestioning the complaint.
2. ,efendant himself /oined 66- in moving for
dismissal of complaint; it did not ob/ect to the
dismissal. )econdly, compulsory claim was so
intertwined wK complaint that it could not remain
pending for independent ad/udication.
Calalang v. CA, 217 SCRA 462
Facts: "he G<year delay in the prosecution of the
bank?s case was due to the several 3",?s wKc
re9uired oppositions I replies, pre<trial was reset
several times, I the /udges handling the case were
constantly being replaced.
Held:
1. "hough it is wKin the discretion of the "C to
declare a party non<suited for non<appearance in
pre<trial conference, such discretion must not be
abused.
2. "o constitute sufficient ground for dismissal,
delay must not only be lengthy but also
unnecessary I dilatory resulting in the trifling of
/udicial process.
Rule 16
Motion to Dismiss
Lagutan v. Icao, 224 SCRA 9
FACTS. "he heirs of $ filed a complaint vs. & for
specific performance. &, in his answer, raised the
ff. defenses. lack of cause of action, prescription,
non<compliance wK the )tatute of *rauds.
-fterwards, & filed a motion to dismiss. C*&
granted the 3",.
HELD: (nder R. 1A, a 3", must be filed wKin
the time for pleading @period to answerC. "hus, the
ct. erred in granting the 3", considering that it
was filed 1 mo. after the amended answer was
filed.
"he sufficiency of a motion to dismiss
should be tested on the strength of the allegations
of facts contained in the complain I no other. "he
ct. cannot in9uire into the truth of the allegations I
declare them to be false. !therwise, there would
be a denial of procedural due process.
Laus v. CA, 219 SCRA
HELD. &f a defendant had not been properly
summoned, the period to file a 3", for lack of
/urisdiction over his person does not commence to
run until he voluntarily submits to the /urisdiction
of the ct..
&n this case, , did not voluntarily submit.
"hus, the period to file a responsive pleading did
not even commence to run.
-s a general rule. an order denying a
3", being interlocutory cannot be the sub/ect of
certiorari.
#EC#6"&!. 0hen "C clearly acted
outside of its /urisd8n or wK grave abuse of
discretion in denying 3",.
;ar by prior /udgment
DBP v. Pondugar, 218 SCRA 118
FACTS: C*& dismissed the in/unction suit filed
by &&)3& vs. the government, ,;6 C; ;!& I
)heriff of $anao del orte wK pre/udice for &&)3&?s
failure to appear during the pre<trial. *ourteen
years later, &&)3&, *ernando +acinto I +acinto
73
)teel filed a complaint vs. ,;6, ,C I )C
before the R"C &ligan praying that the
e8tra/udicial foreclosure conducted in accordance
wK the decision in the first case be annulled.
HELD:
1. -s a general rule, certiorari is not
available since a motion to dismiss is merely
interlocutory. 4owever, when the ct., in denying
the 3",, acts wKo or in e8cess of /urisdiction or wK
grave abuse of discretion, certiorari becomes
available to relieve the defendant of the trouble of
undergoing the ordeal I e8pense of a useless trial.
2. 2nd Case should be dismissed bec. of
res /udicata.
R#) +(,&C-"- < #$#3#")
a. *ormer /udgment must be
final. C*& order has attained finality
since there was no motion for recon or
appeal.
b. "he ct. wKc rendered it had
/urisdiction over the sub/ect matter
I the parties.
c. 3ust be a /udgment on the
3#R&"). "he first case was an ad/udication
on the merits since the C*& considered the
evidence presented during the hearing;
dismissed wK pre/udice due to failure to
appear during pre<trial despite due notice.
d. "here must be, between the
1st I 2nd actions, identity of parties, sub/ect
matter I cause of action.
-bsolute identity of parties is not
re9uired. )ubstantial identity is sufficient.
&nclusion of add?l parties will not affect the
application of R+.
"est !f &dentity of C!- does not
lie in the form of the action but on whether
the same evidence would support I
establish the former I present C!-
1. R"C has committed grave abuse of
discretion in taking /urisdiction . -lthough it is not
prayed that the C*& orders be annulled, the effect is
to annul the findings of mismanagement I to
relitigate the same claims. -ction for
reconveyance is misleading since it is but the
inevitable conse9uence if the C*& orders are
annulled.
2. - finding that the complaint states a
C!- does not imply that the complainant is
assured of a ruling in his favor. 0hile a 3",
based on failure of the complainant to state a C!-
necessarily carries wK it the admission, for purposes
of the motion, of the truth of all material facts
pleaded in the complaint, what is submitted for
determination therein is the sufficiency of the
allegations in the complaint.
:. - 3", may be granted even if only 1
ground is present.
$itis pendencia
Vitrionics Computers v. RTC, 217 SCRA 1
FACTS. 6 filed wK the R"C 3akati ;r. A1 a
complaint for a sum of money I damages vs. 6R
@Z1st case < Civil Case S H1<2BAHC "he following
day, the 6R filed a complaint for the nullification
of the contract on the ground of fraud. "his was
docketed as Civil Case S H1<21H2 Z 2nd case.
6R filed a 3", I or to suspend
proceedings 1st case. R"C 3akati ;r. A1
dismissed the 1st case on the ground of litis
pendentia
HELD. "he 2nd case should be the one dismissed
I not the 1st case.
R#'(&)&"#) !* $&"&) 6#,#"&-
1. &dentity of parties or at least such as
representing the same interests in both actions;
2. &dentity of rights asserted I relief
prayed for; the relief being founded on the same
facts;
1. &dentity in the 2 cases should be such
that the /udgment that may be rendered in the
pending case would, regardless of wKc party is
successful, amount to res /udicata in the other.
&n our /urisdiction, the R!C simply
re9uires that there is a 6#,&D action, !" a
6R&!R 6#,&D -C"&!. "herefore, the
priority in time rule is not applicable.
ZZZCR&"#R&- & ,#"#R3&&D
04&C4 !* "4# C-)#) )4!($, ;# -;-"#,
1. "he more appropriate action shall be
maintained @"eodoro vs. 3irasolC
2. &nterest of /ustice test, taking into
account aC the nature of controversy; bC
comparative accessibility of the ct. to the parties; cC
other similar factors @Roa<3agsaysay vs.
3agsaysayC
ZZ&n both tests, the bona fides or the good
faith of the parties shall be taken into consideration
Res /udicata
Abalos v. CA, 223 SCRA
FACTS: "he R"C, acting as a $and Registration
Court, granted the application for registration of
title filed by -. -fter this, 6R filed a complaint vs.
- for the annulment of the document of sale I or
redemption of ownership plus damages. - filed a
3", on the ground of res /udicata.
HELD. 3", granted on the ground of res
/udicata. "he general rule is that the land
registration ct. has limited /urisdiction.
#EC#6"&!). 1. "he parties have agreed or
have ac9uiesced in submitting the issues for
determination by the ct. in the proceedings; 2. the
parties were accorded opportunity in presenting
their respective arguments of the issues litigated I
of the evidence in support thereof; 1. the ct. has
already considered the evidence on record I is
convinced that the same is sufficient I ade9uate
for rendering a decision upon the issues
controverted. &n the C-;, the issue of ownership
was fully ventilated.
0hile the /urisdiction of the $RC is
limited, the power to determine the validity of the
documents pertaining to sale of lands is necessarily
wKin its /urisdiction.
Res /udicata v. conclusiveness of /udgment
Nabus v. CA, 190 SCRA
FACTS: abus brought an action for
reconveyance of land vs. $im. "his was based on
the 6ublic $and $aw. (pon failure of to comply
wK the ct. order @C*& ordered him to deposit the
repurchase priceC, the ct., upon $?s filing of a
3",, dismissed the case wK pre/udice.
74
filed a 2nd case for the rescission of the contract
0as the complaint for rescission I damages
barred by prior /udgment of dismissal.
HELD: !.
-. Res Hudicata has I concepts#
1. ;ar by *ormer +udgment. "here is
identity of parties, sub/ect matter I C!-. "he
/udgment on the merits rendered on the 1st case
constitutes an absolute bar to the subse9uent action
not only as to every matter wKc was offered but as
to any admissible matter wKc might have been
offered for that purpose.
#$#3#") !* ;-R ;7 *!R3#R
+(,D3#"
a. presence of a final former
order
b. former /udgment rendered by
a ct. having /urisdiction over
the sub/ect matter I the parties
c. former /udgment is a
/udgment on the merits.
d. identity of parties, sub/ect
matter I cause of action.
+udgment on the 3erits
0hen it determines the rights I liabilities of
the parties based on disclosed facts, irrespective of
formal, technical or dilatory ob/ections.
0here complaint is dismissed for failure of 6
to comply wK a lawful order of the ct., this has the
effect of an ad/udication upon the merits.
&n the C-;, there is o identity of Cause
of -ction since the evidence that was presented in
the 1st case is not the same evidence that is needed
to sustain the 2nd case.
2. Conclusiveness of +udgment < "here is
identity of parties but no identity of cause of action.
&n this case, /udgment is conclusive only as to
matters actually I directly controverted I
determined I not as to matters merely involved.
"his is not applicable bec. the unpaid balance was
never put in issue.
;. evertheless, the action was dismissed
bec. it had has already prescribed.
UP v. CA, 218 SCRA 72
FACTS. #li%alde I the "asaday
representatives filed a case vs. ; I ) based on
torts. (6 filed a motion to intervene wKc was
granted. -fter (6 has filed an answer in
intervention, ; I ) filed a 3", on the ground of
lack of C!-. Court denied ; I )?s 3",. (p
also filed a 3", but this was denied bec. (6 has
already filed an answer.
HELD. Res +udicata does not apply bec. there is
no identity of sub/ect matter. "he ct. denied ; I
)?s 3", on the ground that there is a C!- while
it denied (6?s 3", bec. it had already filed an
answer.
"he argument that ; I ) are protected by
academic freedom is a valid defense that must be
raised during trial.
&t is not wKin the competence of the ct. to
declare the "asadays a distinct ethnic community.
"his is akin to a prayer for a /udicial declaration of
citi%enship wKc may not be granted in a petition for
declaratory relief.
$#C"(R# ! ,&)3&))-$)
3", should contain.
aC relief sought to be obtained
aC grounds on which it is based
aC supporting affidavits and other papers as
re9uired by the Rules or to prove the facts alleged
aC notice of hearing since 3", canQt be heard e8
parte
6rocedure. 3ovant. one who files motions. sets
date for hearing. clerk of court to calendar it after
getting proof of service. oppositor should have
actual receipt of notice 1 days before hearing and
hearing should not be W 1B days from filing of the
motion. periods depend on how the filing is done
whether personal delivery or registered mail. if the
latter, e8plainwhy not personal delivery and with
proof of service
#8ecptions to motions must be in writing.
aC made in open court or made in the course of a
hearing or trial
eg. #8clude public; hold other counsel in
contempt; admissibility of evidence; motion to
leave the court
aC motions which do not substantially pre/udice the
rights of the other party
eg. 3otions for suspension of the trial
&f no 3", filed, any of the grounds for an 3",
can be raised as an affirmative defense
#8cept lack of /urisdiction over the person
-ffirmative defense since it means that , made an
answer and sub/ected himself to the /urisdiction of
the court
,efenses !" waived when not set up in an 3",
or affirmative defense Rule H sec 1
aC /urisdiction over sub/ect matter
aC res /udicata or statute of limitations
aC litis pendencia
if , files 3", for failure to state a cause of action,
6Qs remedy is to file an amended pleading
ature of 3",. hypothetically admits allegations
in complaint as true. affirmative defense
3", confusion and avoidance @0&"C.
hypothetical admission and denial
6ossible defenses when served with a complaint.
$ine by line.
R"C < lack of /urisdiction
CR, 'C < wrong venue
6 < lack of capacity to sue
)ummons < lack of + over ,
6leading < no cause of action
;ody < litis pendentia, res /udicata,
paidKwaivedKunenforceable
75
-llegations of conditions precedent <
failure to undergo conditions precedent
*ailure to include certification against
forum shopping under oath
Court after proper hearing on 3", can.
aC sustain 3", and dismiss the complaint
bC deny the 3", and compel , to file an answer
cC order that the complaint be amended
Court will rule on face of document. no need to
receive evidence but should give other party the
opportunity to be heard. !ther party to file his
opposition to the 3",
4earing not necessary if there is no need to present
evident
eg. improper venue, no /urisdiction over sub/ect
matter or person < /ust study complaint or return of
summons
0hen hearing necessary, movant has the burden of
proving his opposition. , to present evidence first.
#vidence presented during hearing on 3",
automatically reproduced during trial
4earing on motion. receive evidence in support of
motion
"rial . receive evidence on ultimate
causes
3", not a responsive pleading but a motion
-fter filing 3", can no longer file ;ill of
6articulars since 3", means that , is presumed to
have understood the complaint. 3ust file ; of 6
before 3", then motion for e8tension of time to
plead then pleading with counterclaim
!"# Rule 1A sec A makes it discretionary on the
trial court to rule on affirmative defense raising any
of the grounds of 3", as long as 3", not filed
$. res /udicata already raised as 3",, 3", denied
during hearing, then canQt raise affirmative defense
on same ground since already settled that not res
/udicata @0&"C
$&- 5 C-. Remedies for default /udgment
aC motion to set aside order of default
bC motion for new trial
cC appeal
dC petition for review of /udgment
$-(). no default since , did not receive
summons. 6eriod for filing answer has not yet
started to run. Remedy. 3",. Remedy if 3",
denied. certiorari for arbitrary ruling
!"#) ! 3!"&! "! ,&)3&))
;ar by prior /udgment
conclusiveness of /udgment
+(,D3#" *ormer /udgment
*
5alid court with /urisdiction
5
3erits
3
&,#"&"7 Cause of action
)ub/ect matter
6arties
Certiorari )pecial civil action
3ay be related to main cause of
action
0! court a 9uo committed
grave abuse of discretion
(. 6. case < certiorari by ;ailen and )ala%ar in )C
first civil action
Certiorari < as a mode of appeal
Certiorari < special civil action, grave abuse of
discretion
,istinguish between petition for review by
certiorari and original special civil action for
certiorari
(6 <orders of 3", contained two @2C different
things
)pecial civil action is a different thing
Certiorari is an e8traordinary remedy
-nswer<in<intervention. grounds for dismissal may
be raised in an affirmative defense inspite of prior
dismissal of a 3", by the original defendant.
6rocedure to intervene.
1. 3otion for leave of court to intervene
2. -fter granting by the court, intervenor may file
3",.
,enial of 3", is only a denial of the hypothetical
admission mode by the defendant but may still be
controverted in the trial. !nce a 3", has been
filed and denied, grounds raised can no longer be
set up as affirmative defenses.
$ack of +urisdiction over the person cannot be
raised in an affirmative defense.
,efault < remedy of the complainant
Rule 1G L1G < plaintiff declared non<suited.
&f answer filed after reglementary period
and default @motionC filed thereafter, court should
not render an order of default since default are
generally frowned upon.
Remedies for a default /udgment.
1. 3otion under oath to set aside order of default
2. 3otion for new trial < /udgment not final I
e8ecutory
76
1. 6etition for relief from /udgment < /udgment
final I e8ecutory
2. -ppeal < no way that defendant can present
evidence.
Rule 1H L : < failure of defendant to appear,
presentation of evidence shall be proved.
o more Ras in defaultR
o opportunity to /ump to /udgment, only that
plaintiff may present evidence e8<parte.
$esaca < 0hat /udgment can be rendered
Rule 12. +udgment on the 6leadings
&f no material issue is contested @e.g. only amount
of damagesC, /udgment on the pleadings may be
issued.
3", < confessionKavoidance
3otion for )ummary +udgment < remedy so as not
to go through the entire trial.
3otion for )ummary +udgment may be substituted
by an -nswer.
+udgment after "rial P
)ummary +udgment P
+udgment on the merits;
+udgement on the 6leadings P ways
of terminating trial
+udgment by ,efault P
3", < /udgment which do not look at the merits
*inal orders
+udgment P 0ays of terminating
trial
!rder P
Rule 17
Dismissal of Actions
Meliton v. CA, supra
Facts# 0hen the complaint vs. 3eliton was
dismissed, her counterclaims were also dismissed,
wK the trial ct. ruling that it ac9uired no /urisdiction
over such counterclaims due to non<payment of
docket fees. $ater, 3eliton sued on these
counterclaims. "he defendants therein raised the
defense of res /udicata.
Held# 0here a counterclaim is made the sub/ect of
a separate suit, it may be abated upon a plea of
auter action pendentia or litis pendentia, IKor
dismissal on the ground of res /udicata. Res
/udicata, however, is not applicable since
counterclaim was dismissed wKo pre/udice since the
ct. held that it did not ac9uire /urisdiction due to
non<payment of docket fees. either is there litis
pendentia. ,ismissal on the ground of lack of
/urisdiction does not constitute res /udicata, there
having been no consideration I ad/udication of the
case on the merits.
DBP v. Pondugar, supra
Facts: &&)3& instituted an in/unction suit to stop
foreclosure on its property. 6& was issued. 0hile
case was pending in 1HG2, 3artial $aw was
declared. 1HG2 $C dissolved the writ I held there
was mismanagement b &&)3&. $C said applicant
for preliminary in/unction should establish a clear
case I must come to ct. wK clean hands. 6& being
an e9uitable remedy. $C dismissed the case. 12
years later, complaint was filed to set aside the
foreclosure.
Held: Complaint should be dismissed. "here is res
/udicata as the former /udgment was final, ct. had
/urisdiction over sub/ect matter I parties, there was
/udgment on the merits, I there was identity of
parties, sub/ect matter I C!-?s. 3artial $aw
doesn?t 9ualify as a force ma/eure wKc would
suspend the running of the period. "hat the +acintos
were abroad I couldn?t come home as 3arcos
canceled their passports is not a bar to the filing of
the in/unction case. 0hen they lost, they should
have filed an appeal or separate action to annul the
same through their consuls based here.
Rule 9, Sec. 3
Default
Lim Tan Hu v. Ramolete, supra
Facts: supra.
Held# 6arties declared in default waive their right
to be heard I present evidence I are not entitled to
receive notice of other proceedings I to service of
papers e8cept when the latter consist of
substantially amended pleadings I final orders. &f
the parties in default file a 3otion to $ift !rder of
,efault, they shall not lose their right to the
notices.
Malanyaon v. Sunga, 208 SCRA
Facts# 6etitioner got sick I asked the /udge to
defer the schedule of his appearance at the pre<trial
hearings. -s 6 did not appear at the hearings, the
/udge declared 6 in default I ordered his arrest.
Held: 0here the failure to appear at the pre<trial
hearing was uncontrovertedly due to illness, the
default order may be set aside on the ground of
accident over wKc petitioner had no control. -lso,
the order of arrest was illegal as there is nothing in
the Rules of Court wKc authori%es such as a
conse9uence of a default order.
Lesaca v. CA, 215 SCRA
Facts# ,efendant failed to appear at the scheduled
preliminary conference for a complaint for
e/ectment I as such was declared in default. "he
ct. then considered the case submitted for decision.
Held: "he Rules on )ummary 6rocedure was
applied in this case. )ec. A thereof states that in
case of failure of parties to appear at the pre<trial
conf., the ct. should have issued a Rpreliminary
conference orderR defining the issues of the case.
"hereafter the parties should have submitted their
affidavits I other evidence. )ec. : states that it is
only when defendants fail to file a responsive
77
pleading wKin the reglementary period may the ct.
proceed to render /udgment. &n the C-;, resp. did
not file an answer. "C may not declare him in
default bec. a motion to declare defendant in
default is a prohibited pleading under )ec. 1: @hC of
the Rules on )um6ro.
Datu v. CA, 215 SCRA
Facts# ,efendant 4abaluyas was declared in
default. ,ecision was rendered in favor of
3angelen awarding him e8emplary damages wKc
was not included in his prayer for specific
performance.
Held: &n a /udgment based on evidence presented
e8<parte, /udgment should not e8ceed the amount
or be different in kind fr. that prayed for "hus,
3angelen is not entitled to e8emplary damages.
!n the other hand, in a /udgment where an answer
was filed but def. did not appear at the hearing, the
award may e8ceed the amount or be different in
kind fr. that prayed for.
Dulos v. CA, 188 SCRA
Facts: ,ulos spouses were declared as in default
for failure to appear at the pre<trial conference. &n
their action for certiorari wK the )C, they contend
that they were not able to move to set aside the
order of default since they were not furnished wK
copies of the order declaring them in default.
Held: 6arty in default is not entitled to notice of
subse9uent proceedings under the Rules of Court.
Ramnami v. CA, 221 SCRA
Facts: - complaint for collection of a sum of
money was filed vs. the Ramnanis, who failed to
appear at pre<trial. "hey were declared in default.
- motion to lift the order of default was filed wKc
was denied. "C decision rendered vs. them. "hey
filed wK the C- a petition for certiorari wKc was
dismissed since it was not the proper remedy.
4ence this petition.
Held: 3otion to set aside default order could not
be issued since there was ine8cusable non<
appearance @remember *-3#MC. "he appropriate
remedy was an ordinary appeal under )ec. 2, Rule
21 of the Rules of Court. Certiorari is proper only
if party was illegally declared in default. &n C-;,
no irregularities in the pre<trial have been alleged.
&t is w/in the sound discretion of the ct. to set
aside an order of default but it is not error, or abuse
of discretion to refuse to set aside order of default
I to refuse to accept the answer where it finds no
/usticiable reason for the delay of the filing of an
answer.
Gerales v. CA, 218 SCRA 68
Facts. supra.
Held# 6leadings, as well as remedial laws, should
be liberally construed in order that litigants may
have ample opportunity to prove their respective
claims, I possible denial of substantial /ustice, due
to technicalities may be avoided. ,efault /udgment
is frowned upon, I unless it clearly appears that
reopening of the case is intended for delay, it is
best to give parties a chance to fight their case.
Rule 34
1udgment on the Pleadings
Rule 35
Summary 1udgments
Rule 18
Pre-Trial
)ec. 1. When conducted. -fter the last pleading
has been served and filed, it shall be the duty of the
plaintiff to promptly move e8 parte that the case be
set for pre<trial.
)ec. 2. Nature and purpose. "he pre<trial is
mandatory. "he court shall consider.
@aC "he possibility of an amicable settlement or of
a submission to alternative modes of dispute
resolution;
@bC "he simplification of the issues;
@cC "he necessity or desirability of amendments to
the pleadings;
@dC "he possibility of obtaining stipulations or
admissions of facts and of documents to avoid
unnecessary proof;
@eC "he limitation of the number of witnesses;
@fC "he advisability of a preliminary reference of
issues to a commissioner;
@gC "he propriety of rendering /udgement on the
pleadings, or summary /udgement, or of dismissing
the action should a valid ground therefor be found
to e8ist;
@hC "he advisability or necessity of suspending the
proceedings; and
@iC )uch other matters as may aid in the prompt
disposition of the action.
)ec. 1. Notice of pre-trial. "he notice of pre<
trial shall be served on counsel, or on the party who
has no counsel. "he counsel served with such
notice is charged with the duty of notifying the
party represented by him.
)ec. 2. Appearance of parties. &t shall be the
duty of the parties and their counsel to appear at the
pre<trail. "he non<appearance of a party may be
e8cused only if a valid cause is shown therefor or if
a representative shall appear in his behalf fully
authori%ed in writing to enter into an amicable
settlement, to submit to alternative modes of
dispute resolution, and to enter into stipulations or
admissions of facts and of documents.
)ec. :. Effect of failure to appear. "he failure of
the plaintiff to appear when so re9uired pursuant to
the ne8t preceding section shall be cause for
dismissal of the action. "he dismissal shall be with
pre/udice, unless otherwise ordered by the court. -
similar failure on the part of the defendant shall be
cause to allow the plaintiff to present his evidence
78
e8 parte and the court to render /udgement on the
basis thereof.
)ec. A. Pre-trial brief. "he parties shall file with
the court and serve on the adverse party, in such
manner as shall ensure their receipt thereof at least
three @1C days before the date of the pre<trial, their
respective pre<trial briefs which shall contain,
among others.
@aC - statement of their willingness to enter into
amicable settlement or alternative modes of dispute
resolution, indicating the desired terms thereof.
@bC - summary of admitted facts and proposed
stipulation of facts;
@cC "he issues to be tried or resolved;
@dC "he documents or e8hibits to be presented,
stating the purpose thereof;
@eC - manifestation of their having availed or their
intention to avail themselves of discovery
procedures or referral to commissioners; and
@fC "he number and names of the witnesses, and
the substance of their respective testimonies.
*ailure to file the pre<trial brief shall have the same
effect as failure to appear at the pre<trial.
)ec. G. Record of pre-trial. "he proceedings in
the pre<trial shall be recorded. (pon the
termination thereof, the court shall issue an order
which shall recite in detail the matters taken up in
the conference, the action taken thereon, the
amendments allowed to the pleadings, and the
agreements or admissions made by the parties as to
any of the matters considered. )hould the action
proceed to trial, the order shall e8plicitly define and
limit the issues to be tried. "he contents of the
order shall control the subse9uent course of the
action, unless modified before trial to prevent
manifest in/ustice.
Citibank v, Chua, 220 SCRA
Facts. 6re<"rial was set. Counsel of Citibank
appeared wK an )6!- e8ecuted by Citibank officer
"arriela in favor of the counsel to represent I bind
6et at the 6" conference. 5ele%es, the private resps,
moved to have Citibank declared =as in default>
since )6!- was not e8ecuted by the ;oard of
,irectors. "C declared the bank =as in default.>
Held. "C should have accepted the first )6!- as
sufficient for 6". )C admonished Courts vs.
precipitate orders of default as they have the effect
of denying the litigant the chance to be heard.
"here are instances when parties may properly be
defaulted, but such is the #EC rather than the rule
I should be allowed only in clear cases of
obstinate refusal or inordinate neglect to comply wK
ct. orders.
Municipality of Binan v. Garcia, 180 SCRA
Facts. - special civil action for eminent domainK
e8propriation. ,efendant, instead of filing answer
filed =3",> on grounds not specified under Rule
1A @refer to Rule 1AC. 4er 3", was filed pursuant
to RAG, )1 of the R!C . =0ithin the time specified
in the summons, each defendant , in lieu of an
answer, shall present in a single motion to dismiss
of for other appropriate relief, all his ob/ections I
defenses to the right of the plaintiff to take his
property for the use specified in the complaint.>
The TC :
> reversed the order of trial allowing defendant
to present her evidence before the plaintiff I
> subse9uently rendered order sustaining
defendant?s defense I dismissing the action as to
her, solely on her evidence
Rule. - 3", under #minent ,omain @RAGC is
really an answer. "hus if such 3", is filed @under
RAGC, the order of trial remains under R1B.
CAB. "here was no valid cause to reverse the
order of trial. 3", here partakes the nature of a
pleading. 6laintiff should thus go first. 0hat the
trial ct. have in mind was the provision of )ec. :,
R1A allowing =any of the grounds for dismissal in
R1A to =be pleaded as an affirmative defense> I
authori%ing the holding of a preliminary hearing 8
8 thereon as if a 3", has been filed. ,efendants
defense however was not a ground for dismissal
under R1A. )he meant to prove plaintiff?s lack of
cause of action wKc is not the same as failure to
state a cause of action. "here is also nothing in the
record to prove the 3unicipality?s waiver of right
to present contrary proof.
Rule 20
Calendar of Cases
Rule 30
Trial
Rule 31
Consolidation or Severance
Rule 32
Trial by Commissioner
Laluan v. Malpaya, 64 SCRA
Lim Tan Hu v. Ramolete, supra
Pagkatipunan v. Bautista, 108 SCRA
!"#) ! "R&-$ ;7 C!33&))&!#R
Rule 1F. 6re<"rial
$aying down the issues < allegations and what are
being denied.
)tipulation of facts < evidentiary facts
Compromise /udgment < final I e8ecutory;
immediately e8ecutory.
79
1. "rial by assessors < 6agkatipunan v. ;autista,
mandatory
Rarely invoked; tend to earn the ire of the /udge
)it only for the trial
2. "rial by commissioners
1. ,elegation of reception of evidence by the Clerk
of Court
'ualifications of -ssessors -ct 1HB <
Rule 33
Demurrer to Evidence
Rule 21
Subpoena
)ection 1. )ubpoena and subpoena duces tecum. <
)ubpoena is a process directed to a person
re9uiring him to attend and to testify at the hearing
or the trial of an action, or at any investigation
conducted by competent authority, or for the taking
of his deposition. &t may also re9uire him to bring
with him any books, documents, or other things
under his control in which case it is called a
subpoena duces tecum.
)ection 2. ;y whom issued. < the subpoena may be
issued by <
@aC the court before whom the witness is
re9uired to attend;
@bC the court of the place where the
deposition is to be taken;
@cC the officer or body authori%ed by law
to do so in connection with investigations
conducted by said officer or body or
@dC any +ustice of the )upreme Court or of
the Court of -ppeals in any case or investigation
pending within the 6hilippines.
0hen the application for a subpoena to a
prisoner is made, the /udge or officer shall e8amine
and study carefully such application to determine
whether the same is made for a valid purpose.
o prisoner sentenced to death, reclusion
perpetua or life imprisonment and who is confined
in any penal institution for appearance or
attendance in any court unless authori%ed by the
)upreme court.
)ection 1. *orm and Contents. < - subpoena shall
state the name of the court and the title of the
action or investigation, shall be directed to the
person whose attendance is re9uired, and in the
case of a subpoena duces tecum, it shall also
contain a reasonable description of the books,
documents or things demanded which must appear
to the court prima facie relevant.
)ection 2. 'uashing a subpoena. < "he court may
9uash a subpoena duces tecum upon motion
promptly made and, in any event, at or before the
time specified therein if it is unreasonable and
oppressive, or the relevancy of the books,
documents or things does not appear, or if the
person in whose behalf the subpoena is issued fails
to advance the reasonable cost of production
thereof.
"he court may 9uash the subpoena ad
testificandum on the ground that the witness is not
bound thereby. &n either case, the subpoena may be
9uashed on the ground that the witness fees and
kilometrage allowed by these Rules were not
tendered when the subpoena was served.
)ection :. )ubpoena for depositions. < 6roof of
service of a notice to take a deposition, as provided
in sections 1: and 2: of Rule 21, shall constitute
sufficient authori%ation for the issuance of
subpoenas for the persons named in said notice by
the clerk of the court of the place in which the
deposition is to be taken. "he clerk shall not,
however, issue a subpoena duces tecum to any such
person without an order of the court.
)ection A. )ervice. < )ervice of a subpoena shall be
made in the same manner as personal or substituted
service of summons. "he original shall be
e8hibited and a copy thereof delivered to the
person on whom it is served, tendering to him the
fees for one day?s attendance and the kilometrage
allowed by these rules, e8cept that, when a
subpoena is issued by or on behalf of the Republic
of the 6hilippines or an officer or agency thereof,
the tender need not be made. "he service must be
made so as to allow the witness a reasonable time
for preparation and travel of the place of
attendance. &f the subpoena is duces tecum, the
reasonable cost of producing the books, documents
or things demanded shall also be tendered.
)ection G. 6ersonal appearance in court. < - person
present in court before a /udicial officer may be
re9uired to testify as if he were in attendance upon
a subpoena issued by such court or officer.
)ection F. Compelling attendance. < &n case of
failure of a witness to attend, the court or /udge
issuing the subpoena, upon proof of the service
thereof and of the failure of the witness, may issue
a warrant to the sheriff of the province, or his
deputy, to arrest the witness and bring him before
the court or officer where his attendance is
re9uired, and the cost of such warrant and sei%ure
of such witness shall be paid by the witness if the
court issuing it shall determine that his failure to
answer the subpoena was willful; and without /ust
e8cuse.
)ection H. Contempt. < *ailure by any person
without ade9uate cause to obey a subpoena served
80
upon him shall be deemed a contempt of the court
from which the subpoena is issued. &f the subpoena
was not issued by a court, the disobedience thereto
shall be punished in accordance with the applicable
law or Rule.
)ection 1B. #8ceptions. < "he provisions of
sections F and H of this Rule shall not apply to a
witness who resides more than one hundred @1BBC
kilometers from his residence to the place where he
is to testify by the ordinary course of travel, or to a
detention prisoner if no permission of the court in
which his case is pending was obtained.
Discovery
3odes of ,iscovery
R($# 21
,#6!)&"&!) 6#,&D -C"&!
)ection 1. ,epositions pending actin, when may
be taken. < ;y leave of court after /urisdiction has
been obtained over any defendant or over property
which is the sub/ect of the action, or without such
leave after an answer has been served, the
testimony of any person, whether a party or not,
may be taken, at the instance of any party, by
deposition upon oral e8amination or written
interrogatories. "he attendance of witnesses may
be compelled by the use of a subpoena as provided
in Rule 21. ,epositions shall be taken only in
accordance with these Rules. "he deposition of a
person confined in prison may be taken only by
leave of court on such terms as the court prescribes.
)ection 2. )cope of e8amination. < (nless
otherwise ordered by the court as provided by
section 1A or 1F or this Rule, the deponent may be
e8amined regarding any matter, not privileged,
which is relevant to the sub/ect of the pending
action, whether relating to the claim or defense of
any other party, including the e8istence,
description, nature, custody, condition, and location
of any books, documents, or other tangible things
and the identity and location of persons having
knowledge of relevant facts.
)ection 1. #8amination and cross<e8amination. <
#8amination and cross<e8amination of deponents
may proceed as permitted at the trial under sections
1 to 1F of Rule 112.
)ection 2. (se of depositions. < -t the trial or upon
the hearing of a motion or an interlocutory
proceeding, any part or all of a deposition, so far as
admissible under the rules of evidence, may be
used against any party who was present or
represented at the taking of the deposition or who
had due notice thereof, in accordance with any one
of the following provisions.
@aC -ny deposition may be used by any
party for the purpose of contradicting or
impeaching the testimony of deponent as a witness;
@bC "he deposition of a party or of any one
who at the time of taking the deposition was an
officer, director, or managing agent of a public or
private corporation, partnership, or association
which is a party may be used by an adverse party
for any purpose;
@cC "he deposition of a witness, whether
of not a party may be used by any party for any
purpose if the court finds. @1C that the witness is
dead; or @2C that the witness resides at a distance
more than one hundred @1BBC kilometers from the
place of trial or hearing, or is out of the 6hilippines,
unless it appears that his absence was procured by
the party offering the deposition; or @1C that the
witness is unable to attend or testify because of
age, sickness, infirmity, or imprisonment; or @2C
that the party offering the deposition has been
unable to procure the attendance of the witness by
subpoena; or @:C upon application and notice, that
such e8ceptional circumstances e8ist as to make it
desirable, in the interest of /ustice and with due
regard to the importance of presenting the
testimony of witnesses orally in open court, to
allow the deposition to be used; and
@dC &f only part of a deposition is offered
in evidence by a party; the adverse party may
re9uire him to introduce all of it which is relevant
to the part introduced, and any party may introduce
any other parts.
)ection :. #ffect of substitution of parties. <
)ubstitution of parties does not affect the right to
use depositions previously taken, and, when an
action has been dismissed and another action
involving the same sub/ect is afterward brought
between the same parties or their representatives or
successors in interest, all depositions lawfully taken
and duly filed in the former action may be used in
the latter as if originally taken therefor;
section A. !b/ections to admissibility. < )ub/ect to
the provisions of section 2H of this Rule, ob/ection
may be made at the trial or hearing to receiving in
evidence any deposition or part thereof for any
reason which would re9uire the e8clusion of the
evidence if the witness were then present and
testifying.
)ection G. effect of taking depositions. < - party
shall not be deemed to make a person his own
witness for nay purpose by taking his deposition.
)ection F. #ffect of using depositions. < "he
introduction in evidence of the deposition or any
part thereof for any purpose other than that of
contradicting or impeaching the deponent makes
81
the deponent the witness of the party introducing
the deposition, but this shall not apply to the use by
an adverse party of a deposition as described in
paragraph @bC of section 2 of this rule.
)ection H. Rebutting deposition. < -t the trial or
hearing any party may rebut any relevant evidence
contained in a deposition whether introduced by
him or by any other party,
)ection 1B. 6ersons before whom depositions may
be taken within the 6hilippines. < 0ithin the
6hilippines, depositions may be taken before any
/udge, notary public, or the person referred to in
section 12 hereof.
)ection 11. 6ersons before whom depositions may
be taken in foreign countries. < &n a foreign state or
country, depositions may be taken @aC on notice
before a secretary of embassy or legation, consul
general, consul, vice<consul, or consular agent of
the Republic of the 6hilippines; @bC before such
person or officer as may be appointed by
commission or under letters rogatory; or @cC the
person referred to in section 12 hereof.
)ection 12. Commission or letters rogatory. < -
commission or letters rogatory shall be issued only
when necessary or convenient, on application and
notice, and on such terms and with such direction
as are /ust appropriate. !fficers may be designated
in notices or commissions either by name or
descriptive title and letters rogatory may be
addressed to the appropriate /udicial authority in
the foreign country.
)ection 11. ,is9ualification by interest. < o
deposition shall be taken before a person who is a
relative within the si8th degree of consanguinity or
affinity, or employee or counsel of any of the
parties; or who is a relative within the same degree,
or employee of such counsel; or who is financially
interested in the action.
)ection 12. )tipulations regarding taking of
depositions. < &f the parties so stipulate in writing,
depositions may be taken before any person
authori%ed to administer oaths, at any time or place,
in accordance with these Rules, and when so taken
may be used like other depositions.
)ection 1:. ,eposition upon oral e8amination;
notice, time and place. < - party desiring to take
the deposition of any person upon oral e8amination
shall give reasonable notice in writing to every
other party to the action. "he notice shall state the
time and place for taking the deposition and the
name and address of each person to be e8amined, if
known, and if the name is not known, a general
description sufficient to identify him or the
particular class or group to which he belongs. !n
motion of any party upon whom the notice is
served, the court may for cause shown enlarge or
shorten the time.
)ection 1A. !rders for the protection of parties and
deponents. < -fter notice is served for taking a
deposition by oral e8amination upon motion
seasonably made by any party or by the person to
be e8amined and for good cause shown, the court
in which the action is pending may make an order
that the deposition shall not be taken, or that it may
be taken only at some designated place other than
that stated in the notice or that it may be taken only
in written interrogatories, or that certain matters
shall not be in9uired into, or that the scope of the
e8amination shall be held with no one present
e8cept the parties to the action and their officers or
counsel, or that after being sealed the deposition
shall be opened only by order of the court or that
secret processes, developments, or research need
not be disclosed, or that the parties shall
simultaneously file specified documents or
informatin enclosed in sealed envelope to be
opened as directed by the court, or the court may
make any other order which /ustice re9uires to
protect the party or witness from annoyance,
embarrassment or oppression.
)ection 1G. Record of e8amination; oath;
ob/ections. < "he officer before whom the
deposition is to be taken shall put the witness on
oath and shall personally, or by some one acting
under his direction and in his presence, record the
testimony of the witness. "he testimony shall be
taken stenographically unless the parties agree
otherwise. -ll ob/ectins made at the time of the
e8amination to the 9ualifications of the officer
taking the deposition, or to the manner of taking it,
or to the evidence presented, or to the conduct of
any party and any other ob/ection to the
proceedings, shall be noted by the officer upon the
deposition. #vidence ob/ected to shall be taken
sub/ect to the ob/ections. &n lieu of participating in
the oral e8amination, parties served with notice of
taking a deposition may transmit wrtieen
interrogatories to the officers, who shall propound
them to the witness and record the answers
verbatim.
)ection 1F. 3otion to terminate or limit
e8amination. < -t any time during the taking of the
depositin, on motion or petition of any party or of
the deponent and upon a shwing that the
e8amination is being conducted in bad faith or in
such manner, as unreasonably to annoy, embarrass,
or oppress the deponent or party, the court in which
the action is pending or the Regional "rial Court of
the place where the deposition is being taken may
order the officer conducting the e8aminatin to
cease forthwith from taking the deposition , or may
limit the scope and manner of the taking of the
deposition, as provided in section 1A of this Rule.
&f the order made terminates the e8amination, it
82
shall be resumed thereafter only upon the order of
the court in which the action is pending. (pon
demand of the ob/ecting party or deponent, the
taking of the deposition shall be suspended for the
time necessary to make a notice for an order. &n
granting or refusing such order, the court may
impose upon either party or upon the witness the
re9uirement to pay such costs or e8penses as the
court may deem reasonable.
)ection 1H. )ubmission to witness; changes;
signing. < 0hen the testimony is fully transcribed,
the deposition shall be submitted to the witness for
e8amination and sahll be read to or by him, unless
such e8amination and reading are waived by the
witness and by the parties. -ny changes in form or
substance which the wirness desires to make shall
be entered upon the deposition by the officer with a
statement of the reasons given by the witness for
making them. "he deposition shall then be signed
by the witness, unless the parties by stiplation
waive the signing or the witness is ill or cannot be
found or refuses to sign. &f the deposition is not
signed by the witness, the officer shall sign it and
state on the record the fact of the waiver or of the
illness or absence of the witness or the fact of the
refusal to sign together with the reason given
therfor, if any, and the deposition may then be used
as fully as though signed, unless on a motion to
suppress under section 2H@fC of this Rule, the court
hold that the reasons given for the refusla to sign
re9uire re/ection of the deposition in whole or in
part.
)ection 2B. Certification and filing by officer. <
"he officer shall certify on the deposition that the
witness was duly sworn to by him and that the
deposition is a true record of the testimony given
by the witness. 4e shall then securely seal the
deposition in an envelope indorsed with the title of
the action and marked =,eposition of @here insert
the name of witnessC> and shall promptly file it
with the court in which the action is pending or
send it by registered mail to the clerk thereof for
filing.
)ection 21. otice of filing. < "he officer taking
the deposition shall give prompt notice of its filing
to all the parties.
)ection 22. *urnishing copies. < (pon payment of
reasonable charges therefor, the officer shall
furnish a copy of the deposition to any party or to
the deponent.
)ection 21. *ailure to attend of party giving notice.
< &f the party giving the notice of the taking of a
deposition fails to attend and proceed therewith and
another attends in person or by counsel pusuant to
the notice, the court may order the party giving the
notice to pay such other party the amount of the
reasonably e8penses incurred by him and his
counsel in so attensing, including reasonable
attorney?s fees.
)ection 21. *ailure of party giving notice to serve
subpoena. < &f the party giving the notice of the
taking of a deposition of a witness fails to serve a
subpoena upon him and the witness because of
such failure does not attend, and if another party
attends in person or by counsel because he e8pects
the deposition of that witness to be taken, the court
may order the party giving the notice to pay to such
other party the amount of the reasonable e8penses
incurred by him andhis counsel in so attending,
including reasonable attorney?s fees.
)ection 2:. ,eposition ypon written
interrogatories; service of notice and of
interrogatories. < - party desiring to take the
deposition of any person ypon written
interrogatories shall serve them upon every other
party with a notice stating the name and address of
the person who is to answer them and the name or
descriptive title and address of the officer before
whom the deposition is to be taken. 0ithin ten
@1BC days thereafter, a party so served may serve
cross<interrogatories upon the party proposing to
take the deposition. 0ithin five @:C days thereafter,
the latter may serve re<direct interrogatories upon a
party who has served cross<interrogatories. 0ithin
three @1C days after being served with a re<direct
interrogatories, a party may serve recross<
interrogatories upon the party proposing to take the
deposition.
)ection 2A. !fficers to take responses and prepare
record. < - copy of the notice and copies of all
interrogatories served shall be delivered by the
party taking the deposition to the officer designated
in the notice, who shall proceed promptly in the
manner provided by sections 1G, 1H and 2B of this
Rule, to take the testimony of the witness in
response to the interrogatories and to prepare,
certify, and file or mail the deposition; attaching
thereto the copy of the notice and the
interrogatories received by him.
)ection 2G. otice of filing and furnishing copies.
< 0hen a deposition uon interrogatories is filed, the
officer taking it shall promptly give notice thereof
to all the parties, and may furnish copies to them or
to the deponent upon payment of reasonable
charges therefor.
)ection 2F. !rders for the protectin of parties and
deponents. V -fter the service of the interrogatories
and prior to the taking of the testimony of the
deponent, the court in which the action is pending,
on motin promptly made by a party or a deponent,
and for good cause shown, may make any order
specified in sections 1:, 1A and 1F of this Rule
which is appropriate and /ust or an order that the
deposition shall not be taken before the officer
83
designated in the notice or that it shall not be taken
e8cept upon oral e8amination.
)ection 2H. #ffect of errors and irregularities in
depositions. <
@aC -s to notice. < -ll errors and
irregularities in the notice for taking a deposition
are waived unless writeen ob/ection is promptly
served upon the party giving the notice.
@bC -s to dis9ualification of officer. <
!b/ection to taking a deposition because of
dis9ualification of the officer before whom it is to
be taken is waived unless made before the taking of
the deposition begins or as soon thereafter as the
dis9ualificatin becomes known or could be
discovered with reasonable diligence.
@cC -s to competency or relevancy of
evidence. < !b/ections to the competency of a
witness or the competency, relevancy, or
materiality of testimony are not waived by failure
to make them bofore or during the taking of the
deposition, unless the ground of the ob/ection is
one which might have been obviated or removed if
presented at that time.
@dC -s to oral e8aminatin and other
particulars. < #rrors and irregularities occurring at
the oral e8amination in the manner of taking the
deposition , in the form of the 9uestions or
answers; in the oath or affirmation, or in the
conduct of the parties and errors of any kind which
might be obviated, removed, or cured if promptly
prosectued, are waived unless reasonable ob/ection
thereto is made at the taking of the deposition.
@eC -s to form of written interrogatories. <
!b/ections to the form of written interrogatories
submitted under sections 2: and 2A of this Rule are
waived unless served in writing upon the party
propounding them within the time allowed for
serving succeeding cross or other interrogatories
and within three @1C days after service of the last
interrogatories authori%ed.
@fC -s to manner of preparation. < #rrors
and irregularities in the manner in which the
testimony is transcribed or the deposition is
parepared, signed, certified, selaed, indorsed,
transmitted, filed, or otherwise dealt with by the
officer under sections 1G, 1H, 2B and 2A of this
Rule are waived unless a motion to suppress the
deposition or some part thereof is made with
reasonable promptness after such defect is, or with
due diligence might have been, ascertained.
RULE 24
DEPOSITIONS BEFORE ACTION OR
PENDING APPEAL
)ection 1. ,epositions before action; petition. < -
person who desires to perpetuate his own testimony
or taht of another person regarding any matter that
may be cogni%able in any court of the 6hilippines,
may file a verified petition in the court of the place
of the residence of any e8pected adverse party.
)ection 2. Contents of petition. < "he petition shall
be entitled in the name of the petitioner and shall
show. @aC that the petitioner e8pects to be a party to
an action in a court of the 6hilippines but is
presently unable to bring it or cause it to be
brought; @bC the sub/ect matter of the e8pected
action and his interest therein; @cC the facts which
he desires to establish by the proposed testimony
and his reasons for desiring to perpetuate it; @dC the
names or a description of the persons he e8pects
will be adverse parties and them addresses so far as
known; and @eC the names and addresses of the
persons to be e8amined and the substance of the
testimony which he e8pects to elicit from each, and
shall ask for an order authori%ing the petitioner to
take the depositions of the persons to be e8amined
named in the petition for the purpose of
perpetuating their testimony.
)ection 1. otice and service. < "he petitioner
shall serve a notice upon each person named in the
petition as an e8pected adverse party, together with
a copy of the petition; stating that the petitioner
will apply to the court, at a time and place named
therein, for the order described in the petition. -t
least twenty @2BC days before the date of the
hearing, the court shall casue notice thereof to be
served on the parties and prospective deponenets
int he manner provided for service of summons.
)ection 2. !rder and e8amination. < &f the court is
satisfied that the perpetuation of the testimony may
prevent a failure or delay of /ustice, it shall make
an order designating or describing the persons
whose depostion may be takne and specifying the
sub/ect matter of the e8amination and wherher the
depositions shall be taken upon oral e8amination or
written interrogatories. "he depositions may then
be taken in accordance with Rule 21 before the
hearing.
)ection :. Reference to court. < *or the purpose of
applying Rule 21 to depositions for perpetuating
testimony, each reference therein to the court in
which the action is pending shall be deemed to
refer to the court in which the petition for such
deposition was filed.
)ection A. (se of deposition. < &f a deposition to
perpetuate testimony is taken under this Rule,or if,
although not so taken, it would be admissible in
evidence, it may be used in any action involving
the smae sub/ect matter subse9uently brought in
accordance with the provisions of sections 2 and :
of Rule 21.
)ection 2G. ,epositions pending appeal. < &f an
appeal has been taken from a /udgment of a court,
including the Court of -ppeals in proper cases, or
84
before the taking of an appeal if the time therefor
has not e8pired, the court in which the /udgment
was rendered may allow the taking of depositions
of witnesses to perpetuate their testimony for use in
the event of further proceedings in the said court.
&n such case the party who desires to perpetuate the
testimony may make a motion in the said court for
leave to take the depositions, upon the smae notice
and service thereof as if the action was pending
therein.. "he motion shall state aC the names and
addresses of the persons to be e8amined and the
substance of the testimony which he e8pects to
elicit from each; and @bC the reason for perpetuating
their testimony. &f the court finds that the
perpetuation of the testimony is proper to avoid a
failure or delay of /ustice, it may make an order
allowing the depositions so be taken, and thereupon
the depositions may be takne and used in the same
manner and under the smae conditions as are
prescribed in these Rules for depositions taken in
pending actions.
RULE 25
INTERROGATORIES TO PARTIES
)ection 1. &nterrogatories to parties; service
thereof. < (nder the same conditions specified in
section 1 of Rule 21, any party desiring to elicit
material and relevant facts from any adverse parties
shall file and serve upon the latter written
interrogatories to be answered by the party served
or, fi the party served is a public or private
corporation or a partnership or association, by any
officer thereof competent to testify in its behalf.
)ection 2. -nswer to interogatories. < "he
interrogatories shall be answered fully in writing
and shall be signed and sworn t by the person
making them. "he party upon whom the
interrogatories have been sserved shall file and
serve a copy of the answers on the party submitting
the interrogatories within fifteen @1:C days after
service thereof, unless the court on motino and for
good cause shown, e8tends or shortens the time.
)ection 1. !b/ections to interrogatories. <
!b/ections to any interrogatories may be presented
to the court within ten @1BC days after service
thereof, with notice as in case of a motion; and
answers shall be deferred until the ob/ections are
resolved., which shall be at as early a time as is
practicable.
)ection 2. umber of interrogatoties. < o party
may, without leave of court, serve more than one
set of interrogatories to be answered by the same
party.
)ection :. )cope and use of interrogatories. <
&nterrogatories may relate to any matters that can
be in9uired into under section 2 of Rule 21, and the
answers may be used for the same purposes
provided in section 2 of the same Rule.
)ection A. #ffect of failure to serve written
interrogatories. < (nless thereafter allowed by the
court for good cause shown and to prevent a failure
of /ustice; a party not served with written
interrogatories may now be compelled by the
adverse party to give testimony in open court; or to
give a deposition pending appeal.
RULE 26
ADMISSION BY ADVERSE PARTY
)ection1. Re9uest for admission. < -t any time
after issues have been /oined, a party may file and
serve upon any party a written re9uest for the
admission by the latter of the genuineness of any
material and releant document described in and
e8hibited with the re9uest or of the truth of any
meterial and relevant matter of fact set forth in the
re9uest. Copies of the documents shall be
delivered with the re9uest unless copies have
already been furnished.
)ection 2. &mplied admission. <B #ach of the
matters of which an admission is re9uested shall be
deemed admitted unless, within a period designated
in the re9uest, which shall not be less than fifteen
@1:C days after service thereof, or within such
further time as the court may allow on motion, the
party to whom the re9uest directed files and serves
upon the party re9uesting the admission a sworn
statement either denying specifically the matters of
which an admission si re9uested or setting forth in
detail the reasons why he cannot truthfully either
admit or deny those matters.
!b/ections to any re9uest for admission
shall be submitted to the court by the party
re9uested within the period for and prior to the
filinf of his sworn statement as contemplated in the
preceding paragraph and his compliance therewith
shall be deferred until such obligatins are resolved,
which resolution shall be made as early as
practicable.
)ection 1. #ffect of admission < -ny admission
made by a party pursuant to such re9uest is for the
purpose of the pending actin only and shall not
consitute an admission by him for any other
purpose nor may the same be used against him in
any other proceeding.
)ection 2. 0ithdrawal. < "he court may allow the
party making an admissin under this Rule, whether
e8press or implied, to withdraw or amend it upon
such terms as may be /ust.
)ection :. #ffect of failure to file and serve re9uest
for admission. < (nless otherwise allowed by the
court for good cause shown and to prevent a failure
of /ustice, a party who fails to file and serve aw
85
re9uest for admission on the adverse party of
material and relevant facts at issue which, or ought
to be within the personal knowledge of the latter,
shall not be permitted to present evidence on such
facts.
RULE 27
PRODUCTION OR INSPECTION OF
DOCUMENT OR THINGS
)ection 1. 3otion for productio or inspection;
order. < (pon motion of any party showing good
cause therefor, the court in which an action is
pending may @aC order any party to produce and
permit the inspection and dopying or
photographing, by or on behalf of the moving
party, of any designated documents, papers, books,
accounts, loetters, photographs, ob/ects or tangible
things, not privileged, which constitute or contain
evidence material to any matter involved in the
action and which are in his possessin, custody or
control; or @bC order any party or permit entry upon
designated land or other porpoerty in his possession
or control for the puropse of inspecting, measuring,
surveying, or photogrpahing the property or any
designated relevant ob/ect or operation thereon.
"he order shall specify the time, place and manner
of making the inspection and taking ciopies and
photogrpahs, and may prescribe such terms and
conditions as are /ust.
RULE 28
PHYSICAL AND MENTAL EXAMINATION
OF PERSONS
)ection 1. 0hen e8amination may be ordered. < &n
an action on which the mental or physical condition
of a party is ain controversy, the court in which the
acito is pending may in its discretion order him to
submit to a physical or mental e8amination by a
physician.
)ection 2. !der for e8amination. < "he orer for
e8amination may be made only on motion for good
cause shown and upon notice to the party to be
e8amined and to all other parties, and shall specify
the time, place, manner, conditions and scope of
the esmination and the person or persons by whom
it is to be made.
)ection 1. Report of findings. < &f re9uested by the
party e8amined, the party causeing the esamination
to be madee shall deliver to him a copy of a
detailed written report of the e8amining physician
setting out his findings and conclusions. -fter such
re9uest and delivery, the party causing the
e8amination to be made shall be entitled upon
re9uest to receive from the party e8amined a like
report of any e8amination, previously or thereafter
made, of the same metnal or physical condition. &f
the party e8amined refuses to deliver such report,
the court on motion and notice may make an order
re9uiring delivery on such terms as are /ust, and if a
physician fails or refuses to make such a report the
court may e8lude his testimony if offered at the
trial.
)ection 2. 0aiver of 6rivilege. < ;y re9uesting and
obtaining a report of the e8amination so ordered or
by taking the deposition of the e8aminer , the party
e8amined waives any privilege he may have in that
action or any other involving the same controversy,
regarding the testimony of every other person who
has e8amined or may thereafter e8amine him in
respect of the mental or physical e8amination.
RULE 29
REFUSAL TO COMPLY WITH MODES OF
DISCOVERY
)ection 1. Refusal to answer. < &f a party or other
deponent refuses to answer any 9uestion upon oral
e8amination, the e8amination may be completed
on other matters or ad/ourned as the proponent of
the 9uestion may prefer. "he proponent may
thereafter apply to the proper court of the place
where the deposition is being taken, for an order to
compel an answer. "he same procedure may be
availed of when a party or a witness refuses to
answer any interrogatory submitted under Rules 21
or 2:.
&f the application is granted, the court
shall re9uire the refusing party or deponent to
answer the 9uestion or interrogatory and if it also
finds that the refusal to answer was without
substantial /ustification, it may re9uire the refusing
party or deponent or the counsel advising the
refusal, or both of them, to pay the proponent the
amount of the reasonable e8penses incurred in
obtaining the order, including attorney?s fees.
&f the application is denied and the court
finds that it was filed without substantial
/ustification, the court may re9uire the proponent or
the counsel advising the filing of the application, or
both of them, to pay to the refusing party or
deponent the amount of the reasonable e8penses
incurred in opposing the application, including
attorney?s fees.
)ec. 2. Contempt of court. < &f the party or other
witness refuses to be sworn to answer any 9uestion
after being directed to do so by the court of the
place in which the deposition is being taken, the
refusal may be considered a contempt of that court.
)ec. 1. !ther conse9uences < &f any party or an
officer or managing agent of a party refuses to obey
an order made under section 1 of this Rule
re9uiring him to answer designated 9uestions, or an
order under Rule 2G to produce any document or
other thing for inspection copying or
photographing or to permit it to be done, or to
permit entry upon land or other property, or an
order made under Rule 2F re9uiring him to submit
86
to a physical or mental e8amination, the court may
make such orders in regard to the refusal as are
/ust, and among others the following.
@aC -n order that the matters regarding
which the 9uestions were asked, or the character or
description of the thing or land, or the contents of
the paper , or physical or mental condition of the
party, or any other designated facts shall be taken
to be established for the purposes of the action in
accordance with the claim of the party obtaining
the order;
@bC -n order refusing to allow the
disobedient party to support or oppose designated
claims or defenses or prohibiting him from
introducing in evidence designated document or
things or items of testimony, or from introducing
evidence of physical or mental condition;
@cC -n order striking out pleadings or parts
thereof, or staying further proceedings until the
order is obeyed, or dismissing the action or
proceeding or any part thereof, or rendering a
/udgment by default against the disobedient party;
and
@dC &n lieu of any of the foregoing orders
or in addition thereto, an order directing the arrest
of any party or agent of a party for disobeying any
such orders e8cept an order to submit to a physical
or mental e8amination.
)ec. 2. #8penses on refusal to admit. < &f a party
after being served with a re9uest under Rule 2A to
admit the genuineness of any document or the truth
of any matter of fact, serves a sworn denial thereof
and if the party re9uesting the admissions thereafter
proves the genuineness of such document or the
truth of any such matter of fact, he may apply to
the court for an order re9uiring the other party to
pay him the reasonable e8penses incurred in
making such proof, including attorney?s fees.
(nless the court finds that there were good reasons
for the denial or that admissions sought were of no
substantial importance, such order shall be issued.
)ec. :. *ailure of party to attend or serve answers. <
&f a party or an officer or managing agent of a party
willfully fails to appear before the officer who is to
take his deposition, after being served with a proper
notice, or fails to serve answers to interrogatories
submitted under Rule 2: after proper service of
such interrogatories, the court on motion and
notice, may strike out all or any part of any
pleading of the party, or dismiss the action or
proceeding or any part thereof, or enter a /udgment
by default against the party, and in its discretion,
order him to pay reasonable e8penses incurred by
the other, including attorney?s fees.
)ec. A. #8penses against the Republic of the
6hilippines. < #8penses and attorney?s fees are not
to be imposed upon the Republic of the 6hilippines
under this Rule.

Republic v. Sandiganbayan, 204 SCRA 212
"he various modes or instruments of
discovery are meant to serve @1C as a device, along
with the pre<trial hearing, to narrow and clarify the
basic issues between the parties, and @2C as a device
for ascertaining the facts relative to those issues.
"he evident purpose is, to repeat, to enable the
parties, consistent with recogni%ed privileges, to
obtain fullest possible knowledge of the issues and
facts before civil trails and thus prevent that said
trials are carried on in the dark. "o this end, the
field of in9uiry that may be covered by depositions
or interrogatories is as broad as when the
interrogated party is called as a witness to testify
orally at trial. "he in9uiry e8tends to all facts
which are relevant, whether they be ultimate or
evidentiary, e8cepting only those matters which are
privileged. "he ob/ective is as much to give every
party the fullest possible information of all relevant
facts before the trial as to obtain evidence for use
upon said trial.
&n line with the principle of according
liberal treatment to the deposition<discovery
mechanism, such modes of discovery as aC
depositions @whether by oral e8amination or
written interrogatoriesC, @bC interrogatories to
parties, and @cC re9uests for admissions, may be
availed of without leave of court, and generally,
without court intervention. "he Rules of Court
e8plicitly provide that leave of court is not
necessary to avail of said modes of discovery after
an answer to the complaint has been served. &t is
only when an answer has not yet been filed @but
after /urisdiction has been obtained over the
defendant or property sub/ect of the actionC that
prior leave of court is needed to avail of these
modes of discovery, the reason being that at that
time the issues are not yet /oined and the disputed
facts are not clear.
!n the other hand, leave of court is
re9uired as regards discovery by @aC production or
inspection of documents or things in accordance
with Rule 2G, or @bC physical and mental
e8amination of persons under Rule 2F, which may
be granted upon due application and a showing of
due course.
Po v. CA, 164 SCRA 668
- party should not be compelled to admit
matters of fact already admitted by his pleading
and concerning which there is no issue, nor should
he be re9uired to make a second denial of those
already denied in his answer to the complaint. -
re9uest for admission is not intended to merely
87
reproduce or reiterate the allegations of the
re9uesting party?s pleading but should set forth
relevant evidentiary matters of fact, or documents
described in and e8hibited with the re9uest, whose
purpose is to establish said party?s cause of action
or defense.
Bribonera v. CA, 216 SCRA 607
@)ame ruling as in 6o v. C-.C
"he re9uest for admission should be
served upon the party himself and not upon
counsel.
Revilla v. CA, 217 SCRA 583
#vidence is negative when the witness
states that he did not see or know the occurrence of
a fact, and positive when the witness affirms that a
fact did or did not occur. ,on Cayetano?s
declaration that he did not e8ecute a second will,
constitutes positive evidence of a fact personally
known to himself. that he did not make a second
will.
!"#) ! ,&)C!5#R7.
3odes of ,iscovery allowed by the Rules.
1. ,epositions
2. 0ritten interrogatories of the parties
1. -dmissions of the adverse party
2. 6roduction or inspection of document or things
:. 3otion for physical and mental e8amination of
persons
"wo Jinds of ,epositions.
1. !ral e8amination
2. 0ritten &nterrogatories < different from two
above
3otions. ,onQt forget.
otice, signatures
Re9uest for admission, 9uestions are
answerable by yes or no
-ttach receipt of registered mail in the
pleading to be sent to the court.
6urpose for suppression of evidence < based on
form.
6urpose of provisional remedies < to prevent
/udgment from being useless, /udgment can be
satisfied
,&)C!5#R7
6R!5&)&!-$
6(R6!)# to discover evidence
prevent /udgment from being
ineffective
-"(R# ancilliary
ancilliary
<may be e8tra/udicial <should be
applied for before the court where the action is
pending
3!,#)1. ,eposition
1. 6reliminary attachment; pending appeal
2. 0ritten
&nterrogatories 2. 6reliminary
in/unction
1. -dmission of adverse party
1. Receivership < pending appeal
2. 6roductionK&nspection of ,oc.
2. Replevin
:. 6hysical I mental e8amination
:. )upport pendente lite < pending appeal
PROVISIONAL REMEDIES
Preliminary Attachment
Rule 57
+ec. /. $rounds upon which attachment may
issue. ; &t the commencement of the action or at
any time before entry of (udgment$ a plaintiff or
any proper party may have the property of the
adverse party attached as security for the
satisfaction of any (udgment that may be recovered
in the following cases#
=a? 2n an action for the recovery of a
specified amount of money or damages$ other than
moral and exemplary$ on a cause of action arising
from law$ contract$ +uasi;contract$ delict or +uasi;
delict against a party who is about to depart from
the -hilippines with intent to defraud his creditorsJ
=b? 2n an action for money or property
embe88led or fraudulently misapplied or converted
to his own use by a public officer$ or an officer of a
corporation$ or an attorney$ factor$ bro)er$ agent$
or cler)$ in the course of his employment as such$
or by any other person in a fiduciary capacity$ or
for a willful violation of dutyJ
=c? 2n an action to recover the possession
of property un(ustly or fraudulently ta)en$ detained
or converted$ when the property$ or any part
thereof$ has been concealed$ removed$ or disposed
of to prevent its being found or ta)en by the
applicant or an authori8ed personJ
=d? 2n an action against a party who has
been guilty of a fraud in contracting the debt or
incurring the obligation upon which the action is
brought$ or in the performance thereofJ
=e? 2n an action against a party who has
removed or disposed of his property$ or is about to
do so$ with intent to defraud his creditorsJ or
=f? 2n an action against a party who does
not reside and is not found in the -hilippines$ or on
whom summons may be served by publication.
88
&f prayer for writ of attachment is included in a
Complaint, verification in the Complaint is
sufficient, separate affidavit is not necessary.
+ec. 0. )ssuance and contents of order. ; &n order
of attachment may be issued either ex;parte or
upon motion with notice and hearing by the court
in which the action is pending$ or by the Court of
&ppeals or the Supreme Court$ and must re+uire
the sheriff of the court to attach so much of the
property in the -hilippines of the party against
whom it is issued$ not exempt from execution$ as
may be sufficient to satisfy the applicant4s demand$
unless such party ma)es deposit or gives a bond as
hereinafter provided in an amount e+ual to that
fixed in the order$ which may be the amount
sufficient to satisfy the applicant4s demand or the
value of the property to be attached as stated by
the applicant$ exclusive of costs. Several writs may
be issued at the same time to the sheriffs of the
courts of different (udicial regions.
Consolidated ;ank and "rust Company v. Court of
-ppeals
1HG )CR-
0here the basis for the application of a writ of
attachment is embe%%lement of money or property
committed by a defendant who is an officer of a
corporation, a public officer, or an atorney, factor,
broker or agent or clerk of the plaintiff, it is not
necessary to establish his fiduciary capacity before
the writ is granted as such fiduciary capacity is
assumed from the nature of his position. it is only
when the misappropriation was committed by any
other person that his fiduciary relationship with the
plaintiff will have to be established. )uch
relationship does not have to be shown because it
suffices that the 9uestioned acts of employing
illegal machinations in obtaining enormous credit
facilities for the corporation were committed by the
officers of (6$*C in the course of their duties and
not by =any other person in a fiduciary capacity.>
+ec. 1. Affidavit and bond required. ; &n order of
attachment shall be granted only when it appears
by the affidavit of the applicant$ or some other
person who personally )nows the facts$ that a
sufficient cause of action exists$ that the case is one
of those mentioned in section E hereof$ that there is
no other sufficient security for the claim sought to
be enforced by the action$ and that the amount due
to the applicant$ or the value of the property the
possession of which he is entitled to recover$ is as
much as the sum for which the order is granted
above all legal counterclaims. The affidavit$ and
the bond re+uired by the next succeeding section$
must be duly filed with the court before the order
issues.
J.!. Dlass Const. Co., &nc. v. 5alen%uela
11A )CR-
*acts.
4eld. &n pleading for attachment against a
foreigner, allegation must not be merely that
defendant is a foreigner; there must also be a
showing that defendant is about to leave the
6hilippines with intent to defraud their creditor, or
that he is a non<resident alien.
Re9uisites for issuance of writ of attachment.
1. a sufficient cause of action e8ists;
2. case is one of those mentioned in )ec 1@aC of
Rule :G;
1. there is no other sufficient security for the claim
sought to be enforced by the action;
2. the amount due to the applicant for attachment or
the value of the property of which he is entitled to
recover is as much as the sum for which the order
is granted above all legal counterclaims.
!nce defendant files a counter<bond, the writ of
attachment should be dissolved.
+ec. 2. 3 Condition of applicant4s bond. ; The
party applying for the order must thereafter give a
bond executed to the adverse party in the amount
fixed by the court in its order granting the issuance
of the writ$ conditioned that the latter will pay all
the costs which may be ad(udged to the adverse
party and all damages which he may sustain by
reason of the attachment$ if the court shall finally
ad(udge that the applicant was not entitled thereto.
;ond < undertaking done by the surety that it will
pay the damages in case the party guaranteed does
not comply with the orders of the court.
+ec. 5. &anner of attaching property. ; The sheriff
enforcing the writ shall without delay and with all
reasonable diligence attach$ to await (udgment and
execution in the action$ only so much of the
property in the -hilippines of the party against
whom the writ is issued$ not exempt from
execution$ as may be sufficient to satisfy the
applicant4s demand$ unless the former ma)es a
deposit with the court from which the writ is
issued$ or gives a counter;bond executed to the
applicant$ in an amount e+ual to the bond fixed by
the court in the order of attachment or to the value
of the property to be attached$ exclusive of costs.
o levy on attachment pursuant to the writ issued
under section I hereof shall be enforced unless it is
preceded$ or contemporaneously accompanied$ by
service of summons$ together with a copy of the
complaint$ the application for attachment$ the
applicant4s affidavit and bond$ and the order and
writ of attachment$ on the defendant within the
-hilippines.
The re+uirement of prior
contemporaneous service of summons shall not
89
apply where the summons could not be served
personally or by substituted service despite diligent
efforts$ or the defendant is a resident of the
-hilippines temporarily absent therefrom$ or the
defendant is a non;resident of the -hilippines$ or
the action is one in rem or +uasi in rem.
![ate v. -brogar
21B )CR- 1F1
*acts.
4eld. 0rit of preliminary attachment may be
validly applied for and granted even before the
defendant is summoned or is heard from.
#nforcement of the preliminary attachment is valid
even if it preceded the actual service of summons
where a previous attempt to serve the summons and
the writ of attachment failed due to factors beyond
the control of either the plaintiff or the process
server.
Reasons.
1. ,efendant may put his property beyond the
reach of the plaintiff while the latter is trying to
serve the summons and the writ anew.
2. Court eventually ac9uired /urisdiction over the
plaintiffs @A days laterC.
1. #ase by which a writ of attachment can be
obtained is counter<balanced by the ease with
which the same can be discharged. "o discharge
writ of preliminary attachment, defendant simply
has to make a cash deposit or post a counter<bond
e9uivalent to the value of the property attached.
+ec. 6. +heriff4s return. ; &fter enforcing the writ$
the sheriff must li)ewise without delay ma)e a
return thereon to the court from which the writ
issued$ with a full statement of his proceedings
under the writ$ and a complete inventory of the
property attached$ together with any counter;bond
given by the party against whom attachment is
issued$ and serve copies thereof on the applicant.
+ec. 7. Attachment of real and personal property;
recording thereof. ; Real and personal property
shall be attached by the sheriff executing the writ
in the following manner#
=a? Real property$ or growing crops
thereon$ or any interest therein$ standing upon the
records of the registry of deeds of the province in
the name of the party against whom attachment is
issued$ or not appearing at all upon such records$
or belonging to the party against whom attachment
is issued and held by any other person$ or standing
on the records of the registry of deeds in the name
of any other person$ by filing with the registry of
deeds a copy of the order$ together with a
description of the property attached$ and a notice
that it is attached$ or that such real property and
any interest therein held by or standing in the
name of such other person are attached$ and by
leaving a copy of such order$ description$ and
notice with the occupant of the property$ if any$ or
with such other person or his agent if found within
the province. <here the *and Registration &ct or
the -roperty Registration %ecree$ the notice shall
contain a reference to the number of the certificate
of title$ the volume and page in the registration
boo) where the certificate is registered$ and the
registered owner or owners thereof.
The registrar of deeds must index
attachments filed under this section in the names of
the applicant$ the adverse party$ or the person by
whom the property is held or in whose name it
stands in the records. 2f the attachment is not
claimed on the entire area of the land covered by
the certificate of title$ a description sufficiently
accurate for the identification of the land or
interest to be affected shall be included in the
registration of such attachmentJ
=b? -ersonal property capable of manual
delivery$ by ta)ing and safely )eeping it in his
custody$ after issuing the corresponding receipt
thereforJ
=c? Stoc)s or shares$ or an interest in
stoc)s or shares$ of any corporation or company$
by leaving with the president or managing agent
thereof$ a copy of the writ$ and a notice stating that
the stoc) or interest of the party against whom the
attachment is issued is attached in pursuance of
such writJ
=d? %ebts and credits$ including ban)
deposits$ financial interest$ royalties$ commissions
and other personal property not capable of manual
delivery$ by leaving with the person owing such
debts$ or having in his possession or under his
control$ such credits or other personal property$ or
with his agent$ a copy of the writ$ and notice that
the debts owing by him to the party against whom
attachment is issued$ and the credits and other
personal property in his possession or under his
control$ belonging to said party$ are attached in
pursuance of such writJ
=e? The interest of the party against whom
attachment is issued in the property belonging to
the estate of the decedent$ whether as heir$ legatee$
or devisee$ by serving the executor or
administrator or other personal representative of
the decedent with a copy of the writ and notice that
said interest is attached. & copy of said writ of
attachment and of said notice shall also be filed in
the office of the cler) of court in which said estate
is being settled and served upon the heir$ legatee
or devisee concerned.
2f the property sought to be attached is in
custodia legis$ a copy of the writ of attachment
shall be filed with the proper court or +uasi;
(udicial agency$ and notice of the attachment
served upon the custodian of such property.
6roperties sub/ect to
attachment
3anner of attachment
90
Real property, growing
crops thereon, any
interest in such real
property
*ile with register of
deeds a copy of the
order of attachment
with notice that it is
attached and a
description of the
property being
attached
$eave copy of
attachment order,
description and notice
with the occupant of
the property
6ersonal property
capable of manual
delivery
)erve attachment
order, issue receipt for
the property being
attached and take
property in his custody
)tocks or shares,
interest in such stocks
or shares
$eave with president
or managing agent
copy of the writ and
notice that said stocks
or shares or any
interest therein is
attached
,ebts and credits
@bank deposits,
financial interest,
royalties,commissionsC
!ther personal
property not capable of
manual delivery
$eave with person
owing such debts or
credits a copy of the
writ and a notice that
such debts or credits
are attached
&nterest of an heir,
legatee or devisee in
the property of a
decedent
)erve e8ecutor or
administrator with a
copy of the writ and a
notice that said interest
is attached.
*ile copy of the writ
and notice of
attachment with clerk
of court where estate is
being settled.
+ec. 8. .ffect of attachment of debts, credits and
all other similar personal property. ; &ll persons
having in their possession or under their control
any credits or other similar personal property
belonging to the party against whom attachment is
issued$ or owing any debts to him$ at the time of
service upon them of the copy of the writ of
attachment and notice as provided in the last
preceding section$ shall be liable to the applicant
for the amount of such credits$ debts or other
similar personal property$ until the attachment is
discharged$ or any (udgment recovered by him is
satisfied$ unless such property is delivered or
transferred$ or such debts are paid$ to the cler)$
sheriff$ or other proper officer of the court issuing
the attachment.
Darnishment < is a species of attachment for
reaching any property or credits pertaining or
payable to a /udgment debtor. &t is a forced
novation by the substitution of creditors. the
/udgment debtor, who is the original creditor of the
garnishee, is, through the service of the writ of
garnishment, substituted by the /udgment creditor
who thereby becomes creditor of the garnishee. &t
serves as a warning to a person having in his
possession property or credits of the /udgment
debtor, not to pay the money or deliver the property
to the latter, but rather to appear and answer the
plaintiff?s suit.
6erla Compania de )eguros, &nc. v. Ramolete
2B1 )CR-
*acts.
4eld. )ervice of summons upon the person of the
garnishee is not necessary to ac9uire /urisdiction
over his person, all that is necessary is the service
of the writ of garnishment. "hrough the service of
the writ of garnishment, the person who has in his
possession credits belonging to the /udgment
debtor becomes a =virtual party> to or a =forced
intervenor> in, the case and the trial court thereby
ac9uires /urisdiction over his person. )uch person
is, therefore, bound to comply with all orders and
processes of the trial court with a view to the
complete satisfaction of the /udgment of the court.
Darnishment of third party liability insurance
contract may be effected from the moment the
insured became liable to the third person for it is
also at that moment that the insured ac9uired an
interest in the insurance contract. )uch interest may
be garnished like any other credit. &t is not
necessary that the insured has effected payment to
the in/ured third person in order that the obligation
of the insurer may arise.
+ec. 9. .ffect of attachment of interest in property
belonging to the estate of a decedent. ; The
attachment of the interest of an heir$ legatee$ or
devisee in the property belonging to the estate of a
decedent shall not impair the powers of the
executor$ administrator$ or other personal
representative of the decedent over such property
for the purpose of administration. Such personal
representative$ however$ shall report the
attachment to the court when any petition for
distribution is filed$ and in the order made upon
such petition$ distribution may be awarded to such
heir$ legatee$ or devisee$ but the property attached
shall be ordered delivered to the sheriff ma)ing the
levy$ sub(ect to the claim of such heir$ legatee$ or
devisee$ or any person claiming under him.
+ec. /:. .xamination of party whose property is
attached and persons indebted to him or
controlling his property; delivery of property to
91
sheriff. ; &ny person owing debts to the party
whose property is attached or having in his
possession or under his control any credit or other
personal property belonging to such party$ may be
re+uired to attend before the court in which the
action is pending$ or before a commissioner
appointed by the court$ and be examined on oath
respecting the same. The party whose property is
attached may also be re+uired to attend for the
purpose of giving information respecting his
property$ and may be examined on oath. The court
may$ after such examination$ order personal
property capable of manual delivery belonging to
him$ in the possession of the person so re+uired to
attend before the court$ to be delivered to the cler)
of court of sheriff on such terms as may be (ust$
having reference to any lien thereon or claim
against the same$ to await the (udgment in the
action.
+ec. //. ;hen attached property may be sold after
levy on attachment and before entry of judgment.
; <henever it shall be made to appear to the court
in which the action is pending$ upon hearing with
notice to both parties$ that the property attached is
perishable$ or that the interests of all the parties to
the action will be subserved by the sale thereof$ the
court may order such property to be sold at public
auction in such manner as it may direct and the
proceeds of such sale to be deposited in court to
abide the (udgment in the action.
+ec. /0. *ischarge of attachment upon giving
counter3bond. ; &fter a writ of attachment has
been enforced$ the party whose property has been
attached or the person appearing on his behalf$
may move for the discharge of the attachment
wholly or in part on the security given. The court
shall$ after due notice and hearing$ order the
discharge of the attachment if the movant ma)es a
cash deposit$ or files a counter;bond executed to
the attaching party with the cler) of the court
where the application is made an amount e+ual to
that fixed by the court in the order of attachment$
exclusive of costs. 'ut if the attachment is sought to
be discharged with respect to a particular
property$ the counter;bond shall be e+ual to the
value of that property as determined by the court.
2n either case$ the cash deposit or the counter;
bond shall secure the payment of any (udgment that
the attaching party may recover in the action. &
notice of the deposit shall forthwith be served on
the attaching party. Upon the discharge of the
attachment in accordance with the provisions of
this section$ the property attached$ or the proceeds
of any sale thereof$ shall be delivered to the party
ma)ing the deposit or giving the counter;bond$ or
to the person appearing on his behalf$ the deposit
or counter;bond aforesaid standing in place of the
property so released. Should such counter;bond for
any reason be found to be or become insufficient$
and the party furnishing the same fail to file an
additional counter;bond$ the attaching party may
apply for a new order of attachment.
3otion to ,ischarge cannot be acted upon e8<parte
< must be accompanied by hearing.
+ec. /1. *ischarge of attachment on other
grounds. ; The party whose property has been
ordered attached may file a motion with the court
in which the action is pending$ before or after levy
or even after the release of the attached property$
for an order to set aside or discharge the
attachment on the ground that the same was
improperly or irregularly issued or enforced$ or
that the bond is insufficient. 2f the attachment is
excessive$ the discharge shall be limited to the
excess. 2f the motion be made on affidavits on the
part of the movant but not otherwise$ the attaching
party may oppose the motion by counter;affidavits
or other evidence in addition to that on which the
attachment was made. &fter due notice and
hearing$ the court shall order the setting aside or
the corresponding discharge of the attachment if it
appears that it was improperly or irregularly
issued or enforced$ or that the bond is insufficient$
or that the attachment is excessive and the defect is
not cured forthwith.
6ero8ide 6hilippines Corp. v. Court of -ppeals
1HH )CR-
0here the order lifting of the writ of attachment
was improperly issued as the attaching creditor was
not allowed to oppose the application for the
discharge of the attachment by counter<affidavit or
other evidence, such order is void and does not
have any effect at all to the writ of attachment. "he
writ continued to be valid from its issuance since
the /udgment had not been satisfied , nor has there
been a valid discharge thereof either by the filing of
a counter<bond or for improper or irregular
issuance.
+ec. /2. %roceedings where property claimed by
third person. ; 2f the property attached is claimed
by any person other than the party against whom
attachment had been issued or his agent$ and such
person ma)es an affidavit of his title thereto$ or
right to the possession thereof$ stating the grounds
of such right or title$ and serves such affidavit upon
the sheriff while the latter has possession of the
attached property$ and a copy thereof upon the
attaching party$ the sheriff shall not be bound to
)eep the property under attachment$ unless the
attaching party or his agent$ on demand of the
sheriff$ shall file a bond approved by the court to
indemnify the third;party claimant in a sum not
less than the value of the property levied upon. 2n
case of disagreement as to such value$ the same
shall be decided by the court issuing the writ of
attachment. o claim for damages for the ta)ing or
)eeping of the property may be enforced against
92
the bond unless the action therefor is filed within
one hundred twenty =EIK? days from the date of the
filing of the bond.
The sheriff shall not be liable for damages
for the ta)ing or )eeping of such property$ to any
such third;party claimant$ if such bond shall be
filed. othing herein contained shall prevent such
claimant or any third person from vindicating his
claim to the property$ or prevent the attaching
party from claiming damages against a third;party
claimant who filed a frivolous or plainly spurious
claim$ in the same or separate action.
<hen the writ of attachment is issued in
favor of the Republic of the -hilippines$ or any
officer duly representing it$ the filing of such bond
shall not be re+uired$ and in case the sheriff is
sued for damages as a result of the attachment$ he
shall be represented by the Solicitor 3eneral$ and
if held liable therefor$ the actual damages
ad(udged by the court shall be paid by the ational
Treasurer out of the funds to be appropriated for
the purpose.
+ec. /5. +atisfaction of judgment out of property
attached; return of sheriff. ; 2f (udgment be
recovered by the attaching party and execution
issue thereon$ the sheriff may cause the (udgment
to be satisfied out of the property attached$ if it be
sufficient for that purpose in the following manner#
=a? 'y paying to the (udgment obligee the
proceeds of all sales of perishable or other
property sold in pursuance of the order of the court
or so much as shall be necessary to satisfy the
(udgmentJ
=b? 2f any balance remains due$ by selling
so much of the property$ real or personal$ as may
be necessary to satisfy the balance$ if enough for
that purpose remain in the sheriff4s hands$ or in
those of the cler) of the courtJ
=c? 'y collecting from all persons having
in their possession credits belonging to the
(udgment obligor$ or owing debts to the latter at
the time of the attachment of such credits or debts$
the amount of such credits and debts as determined
by the court in the action$ and stated in the
(udgment$ and paying the proceeds of such
collection over to the (udgment obligee.
The sheriff shall forthwith ma)e a return
in writing to the court of his proceedings under this
section and furnish the parties with copies thereof.
+ec. /6. 'alance due collected upon execution;
excess delivered to judgment obligor. ; 2f after
reali8ing upon all the property attached$ including
the proceeds of any debts or credits collected$ and
applying the proceeds of any debts or credits
collected$ and applying the proceeds to the
satisfaction of the (udgment$ less the expenses of
proceedings upon the (udgment$ less the expenses
of proceedings upon the (udgment$ any balance
shall remain due$ the sheriff must proceed to
collect such balance as upon ordinary execution.
<henever the (udgment shall have been paid$ the
sheriff$ upon reasonable demand$ must return to
the (udgment obligor the attached property
remaining in his hands$ and any proceeds of the
sale of the property attached not applied to the
(udgment.
+ec. /7. !ecovery upon the counter3bond. ; <hen
the (udgment has become executory$ the surety or
sureties on any counter;bond given pursuant to the
provisions of this Rule to secure the payment of the
(udgment shall become charged on such counter;
bond and bound to pay the (udgment obligee upon
demand the amount due under the (udgment$ which
amount may be recovered from such surety or
sureties after notice and summary hearing in the
same action.
"owers -ssurance Co. v. !rorama )upermart
FB )CR-
&n order that the /udgment creditor might recover
from the surety on the counterbond, it is necessary
@1C that e8ecution be first issued against the
principal debtor and that such e8ecution was
returned unsatisfied in whole or in part; @2C that the
creditor made a demand upon the surety for the
satisfaction of the /udgment; and @1C that the surety
be given notice and a summary hearing in the same
action as to his liability for the /udgment under his
counterbond.
+ec. /8. *isposition of money deposited. ; <here
the party against whom attachment had been
issued has deposited money instead of giving
counter;bond$ it shall be applied under the
direction of the court to the satisfaction of any
(udgment rendered in favor of the attaching party$
and after satisfying the (udgment the balance shall
be refunded to the depositor or his assignee. 2f the
(udgment is in favor of the party against whom
attachment was issued$ the whole sum deposited
must be refunded to him or his assignee.
+ec. /9, *isposition of attached property where
judgment is for party against whom attachment
was issued. ; 2f (udgment be rendered against the
attaching party$ all the proceeds of sales and
money collected or received by the sheriff$ under
the order of attachment$ and all property attached
remaining in any such officer4s hands$ shall be
delivered to the party against whom attachment
was issued$ and the order of attachment
discharged.
+ec. 0:. Claim for damages on account of
improper, irregular or excessive attachment. ; &n
application for damages on account of improper$
irregular$ or excessive attachment must be filed
before the trial or before appeal is perfected or
before the (udgment becomes executory$ with due
notice to the attaching party and his surety or
93
sureties$ setting forth the facts showing his right to
damages and the amount thereof. Such damages
may be awarded only after proper hearing and
shall be included in the (udgment on the main case.
2f the (udgment of the appellate court be
favorable to the party against whom attachment
was issued$ he must claim damages sustained
during the pendency of the appeal by filing an
application in the appellate court$ with notice to
the party in whose favor the attachment was issued
or his surety or sureties$ before (udgment of the
appellate court becomes executory. The appellate
court may allow the application to be heard and
decided by the trial court.
othing herein contained shall prevent
the party against whom the attachment was issued
from recovering in the same action the damages
awarded to him from any property of the attaching
party not exempt from execution should the bond
or deposit given by the latter be insufficient or fail
to fully satisfy the award.
)antos v. Court of -ppeals
H: 6hil 1AB
0here a writ of attachment was issued and levied
upon a property belonging to a third person not
party to the main action, said third person may file
a separate action for damages. "he rule that
recovery of damages on account of the issuance of
a writ of attachment cannot be sub/ect of a separate
action, is not applicable where damages are sought
not because the writ of attachment was illegally or
wrongfully issued by the court, but because said
writ was caused to levied upon the property of the
plaintiff which was not a party in the case where
the attachment was issued.
Rule on "hird party Claim I L2B, Rule :G,
important.
)tatus 9uo ante < refers to a legal situtation
6reliminary writ of in/unction < status 9uo
*inal in/unction < change in legal relationship,
;acolod 3illing
Drave I irreparable in/ury < no fair or reasonable
orders can be granted by the court
Right in esse and clear for a writ of preliminary
mandatory in/unction
Preliminary Injunction
Rule :F
+ec. /. %reliminary injunction defined; classes. ;
& preliminary in(unction is an order granted at any
stage of an action or proceeding prior to the
(udgment or final order$ re+uiring a party or a
court $ agency or a person to refrain from a
particular act or acts. 2t may also re+uire the
performance of a particular act or acts$ in which
case it shall be )nown as a preliminary mandatory
in(unction.
"he primary purpose of in/unction is to preserve
the status 9uo by restraining action or interference
or by furnishing preventive relief. "he status 9uo is
the last actual, peaceable, uncontested status which
precedes the pending controversy.
- mandatory in/unction is an e8treme remedy and
will be granted only on a showing that @aC the
invasion of the right is material and substantial, @bC
the right of the complainant is clear and
unmistakable, and @cC there is an urgent and
paramount necessity for the writ to prevent serious
damage.
,istinctions between in/unction and prohibition.
a. &n/unction is generally directed against a party
in the action while prohibition is directed
against a court, tribunal or person e8ercising
/udicial powers;
b. &n/unction does not involve the /urisdiction of
the court, whereas prohibition may be on the
ground that the court against whom the writ is
sought acted without or in e8cess of
/urisdiction;
c. &n/unction may be the main action itself, or
/ust a provisional remedy in the main action,
whereas prohibition is always a main action.
4ence, for temporary restraint in a proceeding
for prohibition, preliminary in/unction must be
sought therein.
;ataclan v. Court of -ppeals
1G: )CR-
- writ of preliminary in/unction is primarily
intended to maintain the status 9uo between the
parties e8isting prior to the filing of the case. -s an
ancillary or preventive remedy, it may only be
resorted to by a litigant to protect or preserve his
rights or interests and for no other purpose during
the pendency of the principal action.
Courts should not /ust summarily issue an order of
denial without an ade9uate hearing and /udicious
evaluation of the merits of the application as the
same would be a denial of procedural due process
and could result in irreparable pre/udice to a party.
+ec. 0. ;ho may grant preliminary injunction. ; &
preliminary in(unction may be granted by the court
where the action or proceeding is pending. 2f the
action or proceeding is pending in the Court of
&ppeals or in the Supreme Court$ it may be issued
by said court or any member thereof.
94
+ec. 1. $rounds for issuance of preliminary
injunction. ; & preliminary in(unction may be
granted when it is established#
=a? That the applicant is entitled to the
relief demanded$ and the whole or part of such
relief consists in restraining the commission or
continuance of the act or acts complained of$ or in
re+uiring the performance of an act or acts$ either
for a limited period or perpetuallyJ
=b? That the commission$ continuance or
non;performance of the act or acts complained of
during the litigation would probably wor) in(ustice
to the applicantJ or
=c? That a party$ court$ agency or a
person is doing$ threatening$ or is attempting to do$
or is procuring or suffering to be done$ some act or
acts probable in violation of the rights of the
applicant respecting the sub(ect of the action or
proceeding$ and tending to render the (udgment
ineffectual.
;acolod 3urcia 3illing v. Capitol
1G )CR-
*or the writ of preliminary in/unction to issue,
there must be a showing based on facts that the
party availing of the remedy is entitled to the relief
demanded.
-n in/unction will not issue to protect a right not in
esse and which may never arise or to restrain an
act, which does not give rise to a cause of action
"he function of an in/unction is the maintenance of
the status 9uo as of the time of its issuance. &n the
case at bar, the right of the Central in using the
railway has already e8pired. there being no right to
be protected anymore, the writ of preliminary
in/unction cannot be had.
3erville 6ark 4omeowners -ssociation &nc. v.
5ele%
1HA )CR-
0here the village association seeks to take
possession and control of the waterworks system
from the )alandanan who failed to undertake
certain contractual obligations necessary to assure
the homeowners of a steady water supply, a writ of
preliminary mandatory in/unction will not be
granted absent a showing that the severe water
shortage had not been remedied and that a clear and
present danger of the same or similar default on
)alandanan?s part, threatening the same severe
conse9uences for the subdivision residents.
- preliminary mandatory in/unction is not a proper
remedy to take property out of the possession and
control of one party and to deliver the same to the
other party where possession of such property is
being disputed. &t may issue pendente lite only in
cases of e8treme urgency, where the right to the
possession, during the pendency of the main case,
of the property involved is very clear; where the
considerations of relative inconvenience bear
strongly in favor of the complainant seeking the
possession of pendente lite; where there was willful
and unlawful invasion of plaintiff?s rights, over his
protest and remonstrance the in/ury being a
continuing one; where the effect of the preliminary
mandatory in/unction is to re<establish and
maintain a pre<e8isting and continuing relationship
between the parties, recently and arbitrarily
interrupted by the defendant, rather than to
establish a new relationship during the pendency of
the principal case. &t is for the party re9uesting the
writ to demonstrate clearly the presence of one or
more of the above grounds.
+ec. 2. <erified application and bond for
preliminary injunction or temporary restraining
order. ; & preliminary in(unction or temporary
restraining order may be granted only when#
=a? The application in the action or
proceeding is verified and shows facts entitling the
applicant to the relief demandedJ and
=b? Unless exempted by the court$ the
applicant files with the court where the action or
proceeding is pending a bond executed to the party
or person en(oined$ in an amount to be fixed by the
court$ to the effect that the applicant will pay to
such party or person all damages which he may
sustain by reason of the in(unction or temporary
restraining order if the court should finally decide
that the applicant was not entitled thereto. Upon
approval of the re+uisite bond$ a writ of
preliminary in(unction shall be issued.
=c? <hen an application for a writ of
preliminary in(unction or a temporary restraining
order is included in a complaint or any initiatory
pleading$ the case$ if filed in a multiple;sala court$
shall be raffled only after notice to and in the
presence of the adverse party or the person to be
en(oined. 2n any event$ such notice shall be
preceded$ or contemporaneously accompanied by
service of summons$ together with a copy of the
complaint or initiatory pleading and the
applicant4s affidavit and bond$ upon the adverse
party in the -hilippines.
5owever$ where the summons could not
be served personally or by substituted service
despite diligent efforts$ or the adverse party is a
resident of the -hilippines temporarily absent
therefrom or is a nonresident thereof$ the
re+uirement of prior or contemporaneous service
of summons shall not apply.
=d? The application for a temporary
restraining order shall thereafter be acted upon
only after all parties are heard in a summary
hearing which shall be conducted within twenty;
four =IG? hours after the sheriff4s return of service
and9or the records are received by the branch
selected by raffle and to which the records shall be
transmitted immediately.
95
+ec. 5. %reliminary injunction not granted
without notice; exception. ; o preliminary
in(unction shall be granted without hearing and
prior notice to the party or person sought to be
en(oined. 2f it shall appear from facts shown by
affidavits or by verified application that great or
irreparable in(ury would result to the applicant
before the matter can be heard on notice$ the court
to which the application for preliminary in(unction
was made$ nay issue ex parte a temporary
restraining order to be effective only for a period
of twenty =IK? days from service on the party or
person sought to be en(oined$ except as herein
provided. <ithin the said twenty;day period$ the
court must order said party or person to show
cause$ at a specified time and place$ why the
in(unction should not be granted$ determine within
the same period whether or not the preliminary
in(unction shall be granted$ and accordingly issue
the corresponding order.
5owever$ and sub(ect to the provisions of
the preceding sections$ if the matter is of extreme
urgency and the applicant will suffer grave
in(ustice and irreparable in(ury$ the executive
(udge of a multiple;sala court or the presiding
(udge of a single;sala court may issue ex parte a
temporary restraining order effective for only
seventy;two =LI? hours from issuance but he shall
immediately comply with the provisions of the next
preceding section as to service of summons and the
documents to be served therewith. Thereafter$
within the aforesaid seventy;two =LI? hours$ the
(udge before whom the case is pending shall
conduct a summary hearing to determine whether
the temporary restraining order shall be extended
until the application for preliminary in(unction can
be heard. 2n no case shall the total period of
effectivity of the temporary restraining order
exceed twenty =IK days$ including the original
seventy;two hours provided herein.
2n the event that the application for
preliminary in(unction is denied or not resolved
within the said period$ the temporary restraining
order is deemed automatically vacated. The
effectivity of a temporary restraining order is not
extendible without need of any (udicial declaration
to that effect and no court shall have authority to
extend or renew the same on the same ground for
which it was issued.
4owever, if issued by the Court of
-ppeals or a member thereof, the temporary
restraining order shall be effective for si8ty @ABC
days from service on the party or person sought to
be en/oined. - restraining order issued by the
)upreme Court or a member thereof shall be
effective until further orders.
"emporary restraining order, when issued
1. 0hen great or irreparable in/ury would result
to the applicant even before the application is
heard on notice; 2B<day temporary restraining
order is issued.
2. &f the matter is of e8treme urgency and the
applicant will suffer grave in/ustice and
irreparable in/ury, the court may issue e8 parte
a G2<hour temporary restraining order; can
only be issued by the e8ecutive /udge of a
multiple<sala court or by the presiding /udge of
a single<sala court.
"he /udge issuing a G2<hour "R! is obliged to
conduct a summary hearing within the effectivity
of the G2<hour "R! to determine whether the "R!
shall be e8tended in which case, the same is
converted into a 2B<day "R!. 0ithin the 2B<day
period of effectivity of the "R! the court shall
determine in a hearing whether or not the
preliminary in/unction is to be granted. "his 2B<day
period is ine8tendible.
"hus, a "R! may be converted to a preliminary
in/unction, which in turn may be converted into a
final in/unction. "R! and preliminary in/unction
are issued to maintain the status 9uo ante, that is,
prior to the institution of the main action. - final
in/unction confirms a preliminary in/unction and
perpetually en/oins a party or person from doing
the actKs complained of.
#ffectivity of "R!s.
"R! issued by trail court may either be for G2
hours or 2B days; if issued by the C- or a member
thereof, it shall be effective for si8ty @ABC days;
"R!sB issued by the )C shall be effective until
further notice.

)ocial )ecurity Commission v. ;ayona
: )CR-
,amages are irreparable within the meaning of the
rule relative to the issuance of in/unction when
there is no standard by which their amount can be
measured with reasonable accuracy. -n irreparable
in/ury which a court of e9uity will en/oin includes
that degree of wrong of a repeated and continuing
kind which produce hurt, inconvenience, or
damage that can be estimated only by con/ecture
and not by any accurate standard of measurement.
-n irreparable in/ury to authori%e an in/unction
consists of =a serious charge of, or is destructive to,
the property it affects, either physically or in the
character in which it has been held and en/oined, or
when the property has some peculiar 9uality or use,
so that its pecuniary value will not fairly
recompense the owner of the loss thereof.>
96
*or an in/ury to be irreparable, it does not have to
refer to the amount of damages that may be caused
but rather to the difficulty of measuring the
damages inflicted. &f full compensation can be
obtained by way of damages, e9uity will not apply
the remedy of in/unction.
+ec. 6. $rounds for objection to, or for motion of
dissolution of, injunction or restraining order. ;
The application for in(unction or restraining order
may be denied$ upon a showing of its insufficiency.
The in(unction or restraining order may also be
denied$ or$ if granted$ may be dissolved$ on other
grounds upon affidavits of the party or person
en(oined$ which may be opposed by the applicant
also by affidavits. 2t may further be denied or
granted$ may be dissolved$ if it appears after
hearing that although the applicant is entitled to
the in(unction or restraining order$ the issuance or
continuance thereof$ as the case may be$ would
cause irreparable damage to the party or person
en(oined while the applicant can be fully
compensated for such damages as he may suffer$
and the former files a bond in an amount fixed by
the court conditioned that he will pay all damages
which the applicant may suffer by the denial or the
dissolution of the in(unction or restraining order. 2f
it appears that the extent of the preliminary
in(unction or restraining order granted is too
great$ it may be modified.
+ec. 7. +ervice of copies of bonds; effect of
disapproval of same. ; The party filing a bond in
accordance with the provisions of this Rule shall
forthwith serve a copy of such bond on the other
party$ who may except to the sufficiency of the
bond$ or of the surety or sureties thereon. 2f the
applicant4s bond is found to be insufficient in
amount$ or if the surety or sureties thereon fail to
(ustify$ and a bond sufficient in amount with
sufficient sureties approved after (ustification is not
filed forthwith$ the in(unction shall be dissolved. 2f
the bond of the adverse party is found to be
insufficient in amount$ or the surety or sureties
thereon fail to (ustify a bond sufficient in amount
with sufficient sureties approved after (ustification
is not filed forthwith$ the in(unction shall be
granted or restored$ as the case may be.
+ec. 8. =udgment to include damages against
party and sureties. ; &T the trial$ the amount of
damages to be awarded to either party$ upon the
bond of the adverse party$ shall be claimed$
ascertained$ and awarded under the same
procedure prescribed in section IK of Rule 7L.
+ec. 9. ;hen final injunction granted. ; 2f after
the trial of the action it appears that the applicant
is entitled to have the act or acts complained of
permanently en(oined$ the court shall grant a final
in(unction perpetually restraining the party or
person en(oined from the commission or
continuance of the act or acts or confirming the
preliminary mandatory in(unction.
Dilchrist v. Cuddy
2H 6hil :22
Receivership
Rule 59
+ec. /. Appointment of receiver. ; Upon a verified
application $ one or more receivers of the property
sub(ect of the actin or proceeding may be
appointed by the court where the action is pending$
or by the Court of &ppeals or by the Supreme
Court$ or a member thereof$ in the following cases#
=a? <hen it appears from the verified
application$ and such other proof as the court may
re+uire$ that the party applying for the
appointment of a receiver has an interest in the
property or fund which is the sub(ect of the action
or proceeding$ and that such property or fund is in
danger of being lost$ removed$ or materially
in(ured unless a receiver be appointed to
administer and preserve itJ
=b? <hen it appears in an action by the
mortgagee for the foreclosure of a mortgage that
the property is in danger of being wasted or
dissipated or materially in(ured$ and that its value
is probable insufficient to discharge the mortgage
debt$ or that the parties have so stipulated in the
contract of mortgageJ
=c? &fter (udgment$ to preserve the
property during the pendency of an appeal$ or to
dispose of it according to the (udgment$ or to aid
execution when the execution has been returned
unsatisfied or the (udgment obligor refuses to
apply his property in satisfaction of the (udgment$
or otherwise to carry the (udgment into effectJ
=d? <henever in other cases it appears
that the appointment of a receiver is the most
convenient and feasible means of preserving$
administering$ or disposing of the property in
litigation.
%uring the pendency of an appeal$ the
appellate court may allow an application for the
appointment of a receiver to be filed in and
decided by the court of origin and the receiver
appointed to be sub(ect to the control of said court.
Commodities )torage v. Court of -ppeals
D.R. o. 12:BBF
- petition for receivership re9uires that the
property or fund which is the sub/ect of the action
must be in danger of loss, removal or material
in/ury which necessitates protection or
preservation. &n the instant case, there is no
sufficient showing that the ice plant is in danger of
97
disappearing or being wated and reduced to a
\scrap heap.> -t the time the trial court issued the
order for receivership of the property, the problem
had been remedied and there was no imminent
danger of any leakage.
either party to a litigation should be appointed as
receiver without the consent of the other because a
receiver should be a person indifferent to the
parties and should be impartial and disinterested.
"he receiver is not the representative of any of the
parties but of all of them to the end that their
interests may be e9ually protected with the least
possible inconvenience and e8pense.
+ec. 0. 'ond on appointment of receiver. ; 'efore
issuing the order appointing a receiver the court
shall re+uire the applicant to file a bond executed
to the party against whom the application is
presented$ in an amount to be fixed by the court$ to
the effect that the applicant will pay such party all
damages he may sustain by reason of the
appointment of such receiver in case the applicant
shall have procured such appointment without
sufficient causeJ and the court may$ 2 its discretion$
at any time after the appointment$ re+uire an
additional bond as further security for such
damages.
+ec. 1. *enial of application or discharge of
receiver. ; The application may be denied$ or the
receiver discharged$ when the adverse party files a
bond executed to the applicant$ in an amount to be
fixed b the court$ to the effect that such party will
pay the applicant all damages he may suffer by
reason of the acts$ omissions$ or other matters
specified in the application as ground for such
appointment. The receiver may also be discharged
if it is shown that his appointment was obtained
without sufficient cause.
+ec. 2. ,ath and bond of receiver. ; 'efore
entering upon his duties$ the receiver shall be
sworn to perform them faithfully$ and shall file a
bond$ executed to such person and in such sum as
the court may direct$ to the effect that he will
faithfully discharge his duties in the action or
proceeding and obey the orders of the court.
+ec. 5. +ervice of copies of bonds; effect of
disapproval of same. ; The person filing a bond in
accordance with the provisions of this Rule shall
forthwith serve a copy thereof on each interested
party$ who may except to its sufficiency or of the
surety or sureties thereon. 2f either the applicant4s
of the receiver4s bond is found to be insufficient in
amount$ or if the surety or sureties thereon fail to
(ustify$ and a bond sufficient in amount with
sufficient sureties approved after (ustification is not
filed forthwith$ the application shall be denied or
the receiver discharged$ as the case may be. 2f the
bond of the adverse party is found to be insufficient
in amount or the surety or sureties thereon fail to
(ustify$ and a bond sufficient in amount with
sufficient sureties approved after (ustification is not
filed forthwith$ the receiver shall be appointed and
re;appointed$ as the case may be.
+ec. 6. $eneral powers of receiver. ; Sub(ect to the
control of the court in which the action or
proceeding is pending$ a receiver shall have the
power to bring and defend$ in such capacity$
actions in his own nameJ to ta)e and )eep
possession of the property in controversyJ to
receive rentsJ o collect debts due to himself as
receiver or to the fund$ property$ estate$ person$ or
corporation of which he is the receiverJ to
compound and compromise the sameJ to ma)e
transfersJ to pay outstanding debtsJ to divide the
money and other property that shall remain among
the persons legally entitled to receive the sameJ
and generally to do such acts respecting the
property as the court may authori8e. 5owever$
funds in the hands of a receiver may be invested
only by order of the court upon the written consent
of all the parties to the action.
o action may be filed by or against a
receiver without leave of the court which
appointed him.
+ec. 7. >iability for refusal or neglect to deliver
property to receiver. ; & person who refuses or
neglects$ upon reasonable demand$ to deliver to
the receiver all the property$ money$ boo)s$ deeds$
notes$ bills$ documents and papers within his
power of control sub(ect of or involved in the
action or proceeding$ or in case of disagreement$
as determined and ordered by the court$ may be
punished for contempt and shall be liable to the
receiver for the money or the value of the property
and other things so refused or neglected to be
surrendered$ together with all damages that may
have been sustained by the party or parties entitled
thereto as a conse+uence of such refusal or
neglect.
+ec. 8. ermination of receivership;
compensation of receiver. ; <henever the court$
motu propio or on motion of either party$ shall
determine that the necessity for a receiver n longer
exists$ it shall$ after due notice to all interested
parties and hearing$ settle the accounts of the
receiver$ direct the delivery of the funds and other
property in his possession to the person ad(udged
to be entitled to receive them$ and order the
discharge of thereceiver from further duty as such.
The court shall allow the receiver such reasonable
compensation as the circumstances of the case
warrant$ to be taxed as costs against the defeated
party$ or apportioned$ as (ustice re+uires.
+ec. 9. =udgment to include recovery against
sureties. ; The amount$ if any$ to be awarded to
any party upon any bond filed in accordance with
98
the provisions of this Rule$ shall be claimed$
ascertained$ and granted under the same
procedure prescribed in section IK of Rule 7L.
Replevin
Rule 60
+ec. /. Application ; & party praying for the
recovery of possession of personal property may$
at the commencement of the action or at any time
before answer$ apply for an order for the delivery
of such property to him$ in the manner hereinafter
provided.
+ec. 0. Affidavit and bond. ; The applicant must
show by his own affidavit or that of some other
person who personally )nows the facts#
=a? That the applicant is the owner of the
property claimed$ particularly describing it$ or is
entitled to the possession thereofJ
=b? That the property is wrongfully
detained by the adverse party$ alleging the cause of
detention thereof according to the best of his
)nowledge$ information$ and beliefJ
=c? That the property has not been
distrained or ta)en for a tax assessment or a fine
pursuant to law$ or sei8ed under a writ of execution
or preliminary attachment$ or otherwise placed
under custodia legis$ or if so sei8ed$ that it is
exempt from such sei8ure or custodyJ and
=d? The actual mar)et value of the
property.
The applicant must also give a bond$
executed to the adverse party in double the value of
the property as stated in the affidavit
aforementioned$ for the return of the property to
the adverse party if such return be ad(udged$ and
for the payment to the adverse party of such sum as
he may recover from the application in the action.
+ec. 1. ,rder. ; Upon the filing of such affidavit
and approval of the bond$ the court shall issue an
order and the corresponding writ of replevin
describing the personal property alleged to be
wrongfully detained and re+uiring the sheriff
forthwith to ta)e such property into his custody.
+ec. 2. *uty of the sheriff. ; Upon receiving such
order$ the sheriff must serve a copy thereof on the
adverse party$ together with a copy of the
application$ affidavit and bond$ and must forthwith
ta)e the property$ if it be in the possession of the
adverse party$ or his agent$ and retain it in his
custody. 2f the property or any part thereof be
concealed in a building or enclosure$ the sheriff
must demand its delivery$ and if it be not delivered$
he must cause the building or enclosure to be
bro)en open and ta)e the property as herein
provided$ he must )eep it in a secure place and
shall be responsible for its delivery to the party
entitled thereto upon receiving his fees and
necessary expenses for ta)ing and )eeping the
same.
+ec. 5. !eturn of property. 1 2f the adverse party
ob(ects of the sufficiency of the applicant4s bond$
or of the surety or sureties thereon$ he cannot
immediately re+uire the return of the property$ but
if he does not so ob(ect$ he may$ at any time before
the delivery of the property to the applicant$
re+uire the return thereof$ by filing with the court
where the action is pending a bond executed to the
applicant$ in double the value of the property as
stated in the applicant4s affidavit for the delivery
thereof to the applicant$ if such delivery be
ad(udged$ and for the payment of such sum to him
as may be recovered against the adverse party$ and
by serving a copy of such bond on the applicant.
+ec. 6. *isposition of property by sheriff. 1 2f
within five =7? days after ta)ing the property by the
sheriff$ the adverse party does not ob(ect to the
sufficiency of the bond$ or the surety or sureties
thereonJ or if the adverse party so ob(ects and the
court affirms its approval of the applicant4s bond
or approves a new bond$ or if the adverse party
re+uires the return of the property but his bond is
ob(ected to and found insufficient and he does not
forthwith file an approved bond$ the property shall
be delivered to the applicant. 2f for any reason the
property is not delivered to the applicant$ the
sheriff must return it to the adverse party.
+ec. 7. %roceedings where property claimed by
third person. 1 2f the property ta)en is claimed by
any third person other than the party against
whom the writ of replevin had been issued or his
agent$ and such person ma)es an affidavit of his
title thereto$ or right to the possession thereof$
stating the grounds therefor$ and serves such
affidavit upon the sheriff while the latter has
possession of the property and a copy thereof upon
the applicant$ the sheriff shall not be bound to )eep
the property under replevin or deliver it to the
applicant unless the applicant or his agent$ on
demand of said sheriff shall file a bond approved
by the court to indemnify the third;party claimant
in a sum not less than the value of the property
under replevin as provided in section I hereof. 2n
case of disagreement as to such value$ the court
shall determine the same. o claim for damages
for the ta)ing or )eeping of the property may be
enforced against the bond unless the action
therefor is filed within one hundred twenty =EIK?
days from the date of the filing of the bond.
The sheriff shall not be liable for
damages$ for the ta)ing or )eeping of such
property$ to any such third;party claimant if such
bond shall be filed. othing herein contained shall
99
prevent such claimant or any third person from
vindicating his claim to the property$ or prevent
the applicant from claiming damages against a
third;party claimant who filed a frivolous or
plainly spurious claim$ in the same or a separate
action.
<hen the writ of replevin is issued in
favor of the Republic of the -hilippines$ or any
officer duly representing it$ the filing of such bond
shall not be re+uired$ and in case the sheriff is
sued for damages as a result of the replevin$ he
shall be represented by the Solicitor 3eneral$ and
if held liable therefor$ the actual damages
ad(udged by the court shall be paid by the ational
Treasurer out of the funds to be appropriated for
the purpose.
+ec. 8. !eturn of papers. 1 The sheriff must file the
order$ with his proceedings indorsed thereon$ with
the court within ten =EK? days after ta)ing the
property mentioned therein.
+ec. 9. =udgment. 1 &fter trial of the issues$ the
court shall determine who has the right to the
possession to and the value of the property and
shall render (udgment in the alternative for the
delivery thereof to the party entitled to the same$ or
for its value in case delivery cannot be made$ and
also for such damages as either party may prove$
with costs.
+ec. /:. =udgment to include recovery against
sureties. 1 The amount$ if any$ to be awarded to
any party upon any bond filed in accordance with
the provisions of this Rule$ shall be claimed$
ascertained$ and granted under the same
procedure as prescribed in section IK of Rule 7L.
Support Pendente Lite
Rule 61
+ec. /. Application. ; &t the commencement of the
proper action or proceeding$ or at any time prior
to the (udgment or final order$ a verified
application of support pendente lite may be filed by
any party stating the grounds for the claim and the
financial conditions of both parties$ and
accompanied by affidavits$ depositions or other
authentic documents in support thereof.
0hat is support pendente liteM
&t is a provisional remedy which grants a person
entitled to support an amount enough for his
=sustenance, dwelling, clothing, medical
attendance, education and transportation> @-rt.
1H2, *amily CodeC while the action is pending in
court. &t may be availed of by any of the parties in
the action for support or in a proceeding where one
of the reliefs sought is support for the applicant.
"he capacity of the person who will provide the
support and the needs of the one entitled to be
supported are taken into consideration in setting the
amount of support to be granted.
)upport pendente lite can be availed of at the
commencement of the action or at any time before
the /udgment or final order is rendered in the action
or proceeding.
"he one claiming for support must establish before
the court the relationship between the parties as to
entitle one to receive support from the other.
"he following are obliged to support each other.
1. "he spouses;
2. $egitimate ascendants and descendants;
1. 6arents and their legitimate children and the
legitimate and illegitimate children of the latter;
2. 6arents and their illegitimate children and the
legitimate and illegitimate children of the latter;
and
:. $egitimate brothers and sisters, whether of the
full or half<blood. @ -rt. 1H:, *amily CodeC
+ec. 0. Comment. ; & copy of the application and
all supporting documents shall be served upon the
adverse party$ who shall have five =7? days to
comment thereon unless a different period is fixed
by the court upon his motion. The comment shall
be verified and shall be accompanied by affidavits$
depositions or other authentic documents in
support thereof.
"he application for support pendente lite is
responded to not by an answer but by a verified
comment accompanied by affidavits, depositions or
other authentic documents in support of the facts
set forth in the comment.
+ec. 1. ?earing. ; &fter the comment is filed$ or
after the expiration of the period for its filing$ the
application shall be set for hearing not more than
three =F? days thereafter. The facts in issue shall be
proved in the same manner as is provided for
evidence on motions.
4earing on the application is mandatory. &t shall be
held not later than three @1C days from the receipt of
the comment or from the e8piration of the period to
file the same.
+ec. 2. ,rder. ; The court shall determine
provisionally the pertinent facts$ and shall render
such orders as (ustice and e+uity may re+uire$
having due regard to the probable outcome of the
case and such other circumstances as may aid in
the proper resolution of the +uestion involved. 2f
the application is granted$ the court shall fix the
amount of money to be provisionally paid or such
other forms of support as should be provided$
100
ta)ing into account the necessities of the applicant
and the resources or means of the adverse party$
and the terms of payment or mode for providing
the support$ 2f the application is denied$ the
principal case shall be tried and decided as early
as possible.
Ramos v. Court of -ppeals
2: )CR-
4eld. 0here the trial court ruled that the claim of
filiation and support has been ade9uately proven,
alimony pendente lite can be validly granted
pending appeal of such decision.
"rial court?s refusal to grant support pendente lite
does not deprive the appellate court the authority to
grant the same especially so where, in view of the
poverty of the child, it would be a travesty of
/ustice to refuse him support until the decision of
the /udge is sustained on appeal.
Reyes v. &nes<$uciano
F1 )CR-
*acts.
4eld. 0here petitioner failed to present evidence
on the alleged adultery of his wife when the action
for legal separation is heard on the merits, the grant
of support pendente lite is valid. -dultery is a good
defense and if properly proved and sustained will
defeat the action. 4owever, the alleged adultery of
the wife must be established by competent
evidence. 3ere allegation would not suffice to bar
her from receiving support pendente lite.
&n determining the amount to be awarded as
support pendente lite it is not necessary to go fully
into the merits of the case, it being sufficient that
the court ascertain the kind and amount of evidence
which it may deem sufficient to enable it to /ustly
resolve the application, one way or the other, in
view of the merely provisional character of the
resolution to be entered. 3ere affidavits may
satisfy the court to pass upon the application for
support pendente lite. &t is enough that the facts be
established by affidavits or other documentary
evidence appearing in the record.
+ec. 5. .nforcement of order. 1 2f the adverse
party fails to comply with an order granting
support pendente lite$ the court shall$ motu propio
or upon motion$ issue an order of execution
against him$ without pre(udice to his liability for
contempt.
<hen the person ordered to give support
pendente lite refuses or fails to do so$ any third
person who furnished that support to the applicant
may$ after due notice and hearing in the same case$
obtain a writ of execution to enforce his right of
reimbursement against the person ordered to
provide support.
+ec. 6. +upport in criminal cases. 1 2n criminal
actions where the civil liability includes support
for the offspring as a conse+uence of the crime and
the civil aspect thereof has not been waived$
reserved or instituted prior to its filing$ the accused
may be ordered to provide support pendente lite to
the child born to the offended party allegedly
because of the crime. The application therefor
may be filed successively by the offended party$ her
parents$ grandparents or guardian and the State in
accordance with the procedure established under
this Rule.
+ec. 7. !estitution. 1 <hen the (udgment or final
order of the court finds that the person who has
been providing support pendente lite is not liable
therefor$ it shall order the recipient thereof to
return to the former the amounts already paid with
legal interest from the dates of actual payment$
without pre(udice to the right of the recipient to
obtain reimbursement in a separate action from the
person legally obliged to give support. Should the
recipient fail to reimburse said amounts$ the
person who provided the same may li)ewise see)
reimbursement thereof in a separate action from
the person legally obliged to give such support.
1UDGMENTS AND FINAL ORDERS
FORM
Rule 1A, )ec. 1. Rendition of final /udgements and
final orders. << - /udgement or final order
determining the merits of the case shall be in
writing personally and directly prepared by the
/udge, stating clearly and distinctly the facts and
the law on which it is based, signed by him, and
filed with the clerk of court.
Concept of -inal =udgement and -inal
,rder
Rule 21, )ec. 1. Sub(ect of appeal. -n
appeal may be taken from a /udgement or
final order that completely disposes of the
case, or of a particular matter therein
when declared by these Rules to be
appealable.
o appeal may be taken from.
@aC -n order denying a motion for new trial or
reconsideration;
@bC -n order denying a petition for relief or any
similar motion seeking relief from /udgement;
@cC -n interlocutory order;
@dC -n order disallowing or dismissing an appeal;
@eC -n order denying a motion to set aside a
/udgement by consent, confession or compromise
on the ground of fraud, mistake or duress, or any
other ground vitiating consent;
101
@fC -n order of e8ecution;
@gC - /udgement or final order for or against one
or more of several parties or in separate claims,
counter<claims, cross<claims and third<party
complaints, while the main case is pending, unless
the court allows an appeal therefrom; and
@hC -n order dismissing an action without
pre/udice.
&n all the above instances where
the /udgement or final order is not appealable, the
aggrieved party may file an appropriate special
civil action under Rule A:.
Ceniza v. CA, 218 SCRA 390
Facts: C-, in a resolution, dismissed petitioner
Ceni%a?s appeal on the ground of delayed filing of
appellants? brief. &ssue here is 0! this resolution
was a final orderM
Held. 7es. - final order or /udgment is one wKc
either "#R3&-"#) the action itself or operates
to vest some right in such a manner as to put out of
the power of the ct. making the order to place in the
parties in their original conditions. - final order
disposes of the whole sub/ect matter or terminates
proceedingsKaction, $#-5&D !"4&D "! ;#
,!# ;(" "! #*!RC# ;7 #E#C("&!.
4owever, a final order is appealable.
KINDS
As to finality
Rendition of 1udgement
Rule 36, Sec. 1, supra.
Rule 40, Sec. 2. <hen to appeal. -n appeal may
be taken within fifteen @1:C days after notice to the
appellant of the /udgement or final order appealed
from. 0here a record on appeal is re9uired, the
appellant shall file a notice of appeal and a record
on appeal within thirty @1BC days after notice of the
/udgement or final order.
"he period of appeal shall be interrupted by a
timely motion for new trial or reconsideration. o
motion for e8tension of time to file a motion for
new trial or reconsideration shall be allowed.
Rule 41, Sec. 3. -eriod of ordinary appeal "he
appeal shall be taken within fifteen @1:C days from
notice of the /udgement or final order appealed
from. 0here a record on appeal is re9uired, the
appellant shall file a notice of appeal and a record
on appeal within thirty @1BC days from notice of the
/udgement or final order.
"he period of appeal shall be interrupted by a
timely motion for new trial or reconsideration. o
motion for e8tension of time to file a motion for
new trial or reconsideration shall be allowed.
Rule 42, Sec. 1. 5ow appeal ta)enJ time for filing
- party desiring to appeal from a decision of the
Regional "rial Court rendered in the e8ercise of its
appellate /urisdiction may file a verified petition for
review with the Court of -ppeals, paying at the
same time to the clerk of said court the
corresponding docket and other lawful fees,
depositing the amount of 6 :BB.BB for costs, and
furnishing the Regional "rial Court and the
adverse party with a copy of the petition. "he
petition shall be filed and served within fifteen @1:C
days from notice of the decision sought to be
reviewed or of the denial of petitioner?s motion for
new trial or reconsideration filed in due time after
/udgement. (pon proper motion and the payment
of the full amount of the docket and other lawful
fees and the deposit for costs before the e8piration
of the reglementary period, the Court of -ppeals
may grant an additional period of fifteen @1:C days
only within which to file the petition for review.
o further e8tension shall be granted e8cept for the
most compelling reason and in no case to e8ceed
fifteen @1:C days.
Entry of judgement
Rule 36, Sec. 2. "ntry of (udgements and final
orders. &f no appeal or motion for new trial or
reconsideration is filed within the time provided in
these Rules, the /udgement or final order shall
forthwith be entered by the clerk in the book of
entries of /udgements. "he date of finality of the
/udgement or final order shall be deemed to be the
date of its entry. "he record shall contain the
dispositive part of the /udgement or final order and
shall be signed by the clerk, with a certificate that
such /udgement or final order has become final and
e8ecutory.
Rule 38, Sec. 3. Time for filing petitionJ contents
and verification. - petition provided for in either
of the preceding sections of this Rule must be
verified, filed within si8ty @ABC days after the
petitioner learns of the /udgement, final order, or
other proceeding to be set aside, and not more than
si8 @AC months after such /udgement or final order
was entered, or such proceeding was taken; and
must be accompanied with affidavits showing the
fraud, accident, mistake, or e8cusable negligence
relied upon, and the facts constituting the
petitioner?s good and substantial cause of action or
defense, as the case may be.
Rule 39, Sec. 6. "xecution by motion or by
independent action. - final and e8ecutory
/udgement or order may be e8ecuted on motion
within five @:C years from the date of its entry.
-fter the lapse of such time, and before it is barred
by the statute of limitations, a /udgement may be
enforced by action. "he revived /udgement may
also be enforced by motion within five @:C years
102
from the date of its entry and thereafter by action
before it is barred by the statute of limitations.
.ntry of +atisfaction of =udgement
Rule 39, Sec. 44. "ntry of satisfaction of
(udgement by cler) of court. )atisfaction of a
/udgement shall be entered by the clerk of court in
the court docket, and in the e8ecution book, upon
he return of a writ of e8ecution showing the full
satisfaction of the /udgement e8ecuted and
acknowledged in the same manner as a conveyance
of real property by the /udgement obligee or by his
counsel unless a revocation of his authority is filed,
or upon the endorsement of such admission by the
/udgement obligee or his counsel on the face of the
record of the /udgement.
Sec. 45. "ntry of satisfaction with or without
admission. 0henever a /udgement is satisfied in
fact, or otherwise than upon an e8ecution, on
demand of the /udgement obligor, the /udgement
obligee or his counsel must e8ecute and
acknowledge, or indorse, an admission of the
satisfaction as provided in the last preceding
section, and after notice and upon motion the court
may order either the /udgement obligee or his
counsel to do so, or may order the entry of
satisfaction to be made without such admission.
As to process of procuring
1udgement of the Pleadings
Rule 34, Sec. 1. Hudgement on the pleadings.
0here an answer fails to tender an issue, or
otherwise admits the material allegations of the
adverse party?s pleading, the court may, on motion
of that party, direct /udgement on such pleading.
4owever, in actions for declaration of nullity or
annulment of marriage or for legal separation, the
material facts alleged in the complaint shall always
be proved.
1udgement on Demurrer to Evidence
Rule 33, Sec. 1. %emurrer to evidence. -fter the
plaintiff has completed the presentation of his
evidence, the defendant may move for dismissal on
the ground that upon the facts and the law the
plaintiff has shown no right to relief. &f his motion
is denied, he shall have the right to present
evidence. &f the motion is granted but on appeal
the order of dismissal is reversed he shall be
deemed to have waived the right to present
evidence.
Summary 1udgements
Rule 35
Sec. 1. Summary (udgement for claimant. -
party seeking to recover upon a claim, counter<
claim, or cross<claim or to obtain a declaratory
relief may, at any time after the pleading in answer
thereto has been served, move with supporting
affidavits, depositions or admissions for a summary
/udgement in his favor upon all or any part thereof.
Sec. 2. Summary (udgement for defending party.
- party against whom a claim, counter<claim, or
cross<claim is asserted or a declaratory relief is
sought may, at any time, move with supporting
affidavits, depositions or admissions for a summary
/udgement in his favor as to all or any part thereof.
Sec. 3. Motion and proceedings thereon. "he
motion shall be served at least ten @1BC days before
the time specified for the hearing. "he adverse
party may serve opposing affidavits, depositions, or
admissions at least three @1C days before the
hearing. -fter the hearing, the /udgement sought
shall be rendered forthwith if the pleadings,
supporting affidavits, depositions, and admissions
on file, show that, e8cept as to the amount of
damages, there is no genuine issue as to any
material fact and that the moving party is entitled to
a /udgement as a matter of law.
Sec. 4. Case not fully ad(udicated on motion. &f
on motion under this Rule, /udgement is not
rendered upon the whole case or for all the reliefs
sought and a trial is necessary, the court at the
hearing of the motion, by e8amining the pleadings,
and the evidence before it and by interrogating
counsel shall ascertain what material facts e8ist
without substantial controversy and what are
actually and in good faith controverted. &t shall
thereupon make an order specifying the facts that
appear without substantial controversy, including
the e8tent to which the amount of damages or other
relief is not in controversy, and directing such
further proceedings in the action as are /ust. "he
facts so specified shall be deemed established, and
the trial shall be conducted on the controverted
facts accordingly.
Sec. 5. /orm of affidavits and supporting papers.
)upporting and opposing affidavits shall be made
on personal knowledge, shall set forth such facts as
would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify
to the matters stated therein. Certified true copies
of all papers or parts thereof referred to in the
affidavit shall be attached thereto or served
therewith.
Sec. 6. &ffidavits in bad faith. << )hould it appear
to its satisfaction at any time that any of the
affidavits presented pursuant to this Rule are
presented in bad faith, or solely for the purpose of
delay, the court shall forthwith order the offending
party or counsel to pay to the other party the
103
amount of the reasonable e8penses which the filing
of the affidavits caused him to incur, including
attorney?s fees. &t may, after hearing, further
ad/udge the offending party or counsel guilty of
contempt.
Rule 29, Sec. 3. !ther conse+uences. &f any
party or an officer or managing agent of a party
refuses to obey an order made under section 1 of
this Rule re9uiring him to answer designated
9uestions, or an order under Rule 2G to produce
any document or other thing for inspection,
copying, or photographing or to permit it to be
done, or to permit entry upon land or other
property, or an order made under Rule 2F re9uiring
him to submit to a physical or mental e8amination,
the court may make such orders in regard to the
refusal as are /ust, and among others the following.
@aC -n order that the matters regarding which the
9uestions were asked, or the character or
description of the thing or land, or the contents of
the paper, or the physical or mental condition of the
party, or any other designated facts shall be taken
to be established for the purposes of the action in
accordance with the claim of the party obtaining
the order;
@bC -n order refusing to allow the disobedient
party to support or oppose designated claims or
defenses or prohibiting him from introducing in
evidence designated documents or things or items
of testimony, or from introducing evidence of
physical or mental condition;
@cC -n order striking out pleadings or parts
thereof, or staying further proceedings until the
order is obeyed, or dismissing the action or
proceeding or any part thereof, or rendering a
/udgement by default against the disobedient party;
and
@dC &n lieu of any of the foregoing orders or in
addition thereto, an order directing the arrest of any
party or agent of a party for disobeying any of such
orders e8cept an order to submit to a physical or
mental e8amination.
Default 1udgements
Rule 9, Sec. 3. %efaultJ declaration of. &f the
defending party fails to answer within the time
allowed therefor, the court shall, upon motion of
the claiming party with notice to the defending
party, and proof of such failure, declare the
defending party in default. "hereupon, the court
shall proceed to render /udgement granting the
claimant such relief as his pleading may warrant,
unless the court in its discretion re9uires the
claimant to submit evidence. )uch reception of
evidence may be delegated to the clerk of court.
@aC #ffect of order of default. - party in default
shall be entitled to notice of subse9uent
proceedings but not to take part in the trial.
@bC Relief from order of default. - party
declared in default may at any time after notice
thereof and before /udgement file a motion under
oath to set aside the order of default upon proper
showing that his failure to answer was due to
fraud, accident, mistake or e8cusable negligence
and that he has a meritorious defense. &n such case,
the order of default may be set aside on such terms
and conditions as the /udge may impose in the
interest of /ustice.
@cC #ffect of partial default. 0hen a pleading
asserting a claim states a common cause of action
against several defending parties, some of whom
answer and the others fail to do so, the court shall
try the case against all upon the answers thus filed
and render /udgement upon the evidence presented.
@dC #8tent of relief to be awarded. - /udgement
rendered against a party in default shall not e8ceed
the amount or be different in kind from that prayed
for nor award unli9uidated damages.
@eC 0here no defaults allowed. &f the defending
party in an action for annulment or declaration of
nullity of marriage or for legal separation fails to
answer, the court shall order the prosecuting
attorney to investigate whether or not a collusion
between the parties e8ists, and if there is no
collusion, to intervene for the )tate in order to see
to it that the evidence submitted is not fabricated.
1udgements after ex parte presentation
of Evidence

Rule 18, Sec. 5. "ffect of failure to appear. "he
failure of the plaintiff to appear when so re9uired
pursuant to the ne8t preceding section shall be
cause for dismissal of the action. "he dismissal
shall be with pre/udice, unless otherwise ordered
by the court. - similar failure on the part of the
defendant shall be cause to allow the plaintiff to
present his evidence e8 parte and the court to
render /udgement on the basis thereof.
Compromise 1udgement
Order for Dismissal
Motion to Dismiss @)ee Rule 1AC
Dismissals under Rule 17 (,ismissal of
-ctionsC
Dismissals under Rule 18, Sec. 5
Rule 18, Sec. 5. "ffect of failure to appear. "he
failure of the plaintiff to appear when so re9uired
pursuant to the ne8t preceding section shall be
cause for dismissal of the action. "he dismissal
shall be with pre/udice, unless otherwise ordered
by the court. - similar failure on the part of the
defendant shall be cause to allow the plaintiff to
104
present his evidence e8 parte and the court to
render /udgement on the basis thereof.
Dismissals under Rule 29, Sec. 5
Rule 29, Sec. 5. /ailure of party to attend or serve
answers. &f a party or an officer or managing
agent of a party wilfully fails to appear before the
officer who is to take his deposition, after being
served with a proper notice, or fails to serve
answers to interrogatories submitted under Rule 2:
after proper service of such interrogatories, the
court on motion and notice, may strike out all or
any part of any pleading of that party, or dismiss
the action or proceeding or any part thereof, or
enter a /udgement by default against that party, and
in its discretion, order him to pay reasonable
e8penses incurred by the other, including attorney?s
fees.
As to parties
As against one or more several parties
Rule 36, Sec. 3. Hudgement for or against one or
more of several parties. +udgement may be given
for or against one or more of several plaintiffs, and
for or against one or more of several defendants.
0hen /ustice so demands, the court may re9uire the
parties on each side to file adversary pleadings as
between themselves and determine their ultimate
rights and obligations.
Several 1udgement
Rule 36, Sec. 4. Several (udgements. &n an action
against several defendants, the court may, when a
several /udgement is proper, render /udgement
against one or more of them, leaving the action to
proceed against the others.
Rule 9, Sec. 3 (c). "ffect of partial default. 0hen
a pleading asserting a claim states a common cause
of action against several defending parties, some of
whom answer and the others fail to do so, the court
shall try the case against all upon the answers thus
filed and render /udgement upon the evidence
presented.
Against entity without juridical personality
Rule 36, Sec. 6. Hudgement against entity without
(uridical personality. 0hen /udgement is
rendered against two or more persons sued as an
entity without /uridical personality, the /udgement
shall set out their individual or proper names, if
known.
As to claims
At various stages or separate judgements
Rule 36, Sec. 5. Separate (udgements. 0hen
more than one claim for relief is presented in an
action, the court, at any stage, upon a determination
of the issues material to a particular claim and all
counter<claims arising out of the transaction or
occurrence which is the sub/ect matter of the claim,
may render a separate /udgement disposing of such
claim. "he /udgement shall terminate the action
with respect to the claim so disposed of and the
action shall proceed as to the remaining claims. &n
case a separate /udgement is rendered, the court by
order may stay its enforcement until the rendition
of a subse9uent /udgement or /udgements and may
prescribe such conditions as may be necessary to
secured the benefit thereof to the party in whose
favor the /udgement is rendered.
Rule 31. Sec. 2. Separate trials. "he court, in
furtherance of convenience or to avoid pre/udice,
may order a separate trial of any claim, cross<
claim, counter<claim, or third<party complaint, or
of any separate issue or of any number of claims,
cross<claims, counter<claims, third<party
complaints or issues.
Rule 41, Sec. 1 (g). o appeal may be taken from.
8 8 8 8 - /udgement or final order for or against
one or more of several parties or in separate
claims, counter<claims, cross<claims and third<
party complaints, while the main case is pending,
unless the court allows an appeal therefrom; and 8
8 8 8
As to how executed
1udgements not stayed on appeal
Rule 39, Sec. 4. Hudgements not stayed by appeal.
+udgements in actions for in/unction receivership,
accounting, support, and such other /udgements as
are now or may hereafter be declared to be
immediately e8ecutory, shall be enforceable after
their rendition and shall not be stayed by an appeal
taken therefrom, unless otherwise ordered by the
trial court. !n appeal therefrom, the appellate
court in its discretion may make an order
suspending, modifying, restoring or granting the
in/unction, receivership, accounting, or award of
support.
"he stay of e8ecution shall be upon such terms as
to bond or otherwise as may be considered proper
for the security or protection of the rights of the
adverse party.
1udgements for money
Rule 39, Sec. 9. "xecution of (udgements for
money$ how enforced.
@aC &mmediate payment on demand. "he officer
shall enforce an e8ecution of a /udgement for
105
money by demanding from the /udgement obligor
the immediate payment of the full amount stated in
the writ of e8ecution and all lawful fees. "he
/udgement obligor shall pay in cash, certified bank
check payable to the /udgement obligee, or any
other form of payment acceptable to the latter, the
amount of the /udgement debt under proper receipt
directly to the /udgement obligee or his authori%ed
representative if present at the time of payment.
"he lawful fees shall be handed under proper
receipt to the e8ecuting sheriff who shall turn over
the said amount within the same day to the clerk of
court of the court that issued the writ.
@bC &f the /udgement obligee or his authori%ed
representative is not present to receive payment,
the /udgement obligor shall deliver the aforesaid
payment to the e8ecuting sheriff. "he latter shall
turn over all the amounts coming into his
possession within the same day to the clerk of court
of the court that issued the writ, or if the same is
not practicable, deposit said amounts to a fiduciary
account in the nearest government depository bank
of the Regional "rial Court of the locality.
.
"he clerk of said court shall thereafter arrange for
the remittance of the deposit to the account of the
court that issued the writ whose clerk of court shall
then deliver said payment to the /udgement obligee
in satisfaction of the /udgement. "he e8cess, if
any, shall be delivered to the /udgement obligor
while the lawful fees shall be retained by the clerk
of court for disposition as provided by law. &n no
case shall the e8ecuting sheriff demand that any
payment by check be made payable to him.
@bC )atisfaction by levy. &f the /udgement obligor
cannot pay all or part of the obligation in cash,
certified bank check or other mode of payment
acceptable to the /udgement obligee, the officer
shall levy upon the properties of the /udgement
obligor of every kind and nature whatsoever which
may be disposed of for value and not otherwise
e8empt from e8ecution giving the latter the option
to immediately choose which property or part
thereof may be levied upon, sufficient to satisfy the
/udgement. &f the /udgement obligor does not
e8ercise the option, the officer shall first levy on
the personal properties, if any, and then on the real
properties if the personal properties are insufficient
to answer for the /udgement.
"he sheriff shall sell only a sufficient portion of
the personal or real property of the /udgement
obligor which has been levied upon.
0hen there is more property of the /udgement
obligor than is sufficient to satisfy the /udgement
and lawful fees, he must sell only so much of the
personal or real property as is sufficient to satisfy
the /udgement and lawful fees.
Real property, stocks, shares, debts, credits, and
other personal property, may be levied upon in like
manner and with like effect as under a writ of
attachment.
@cC Darnishment of debts and credits. "he officer
may levy on debts due the /udgement obligor and
other credits, including bank deposits, financial
interests, royalties, commissions and other personal
property not capable of manual delivery in the
possession or control of third parties. $evy shall be
made by serving notice upon the person owing
such debts or having in his possession or control
such credits to which the /udgement obligor is
entitled. "he garnishment shall only cover such
amount as will satisfy the /udgement and all lawful
fees.
"he garnishee shall make a written report to the
court within five @:C days from service of the notice
of garnishment stating whether or not the
/udgement obligor has sufficient funds or credits to
satisfy the amount of /udgement. &f not, the report
shall state how much funds or credits the garnishee
holds for the /udgement obligor. "he garnished
amount in cash, or certified bank check issued in
the name of the /udgement obligee, shall be
delivered directly to the /udgement obligee within
ten @1BC working days from service of notice on the
said garnishee re9uiring such delivery, e8cept the
lawful fees which shall be paid directly to the
court.
&n the event there are two or more garnishees
holding deposits or credits sufficient to satisfy the
/udgement, the /udgement obligor, if available,
shall have the right to indicate the garnishee or
garnishees who shall be re9uired to deliver the
amount due; otherwise, the choice shall be made by
the /udgement obligee.
"he e8ecuting sheriff shall observe the same
procedure under paragraph @aC with respect to
delivery of payment to the /udgement obligee.
1udgements for specific acts
Rule 39, Sec. 10. "xecution of (udgements for
specific acts.
@aC Conveyance, delivery of deeds, or other
specific acts; vesting title. &f a /udgement directs
a party to e8ecute a conveyance of land or personal
property, or to deliver deeds or other documents, or
to perform any other specific act in connection
therewith, and the party fails to comply within the
time specified, the court may direct the act to be
done at the cost of the disobedient party by some
other person appointed by the court and the act
when so done shall have like effect as if done by
the party. &f real or personal property is situated
within the 6hilippines, the court in lieu of directing
106
conveyance thereof may by an order divest the title
of any party and vest it in others, which shall have
the force and effect of a conveyance e8ecuted in
due form of law.
@bC )ale of real or personal property. &f the
/udgement be for the sale of real or personal
property, to sell such property, describing it, and
apply the proceeds in conformity with the
/udgement.
@cC ,elivery or restitution of real property. "he
officer shall demand of the person against whom
the /udgement for the delivery or restitution of real
property is rendered and all persons claiming rights
under him to peaceably vacate the property within
three @1C working days, and restore possession
thereof to the /udgement obligee; otherwise, the
officer shall oust all such persons therefrom with
the assistance, if necessary, of appropriate peace
officers, and employing such means as may be
reasonably necessary to retake possession, and
place the /udgement obligee in possession of such
property. -ny costs, damages, rents or profits
awarded by the /udgement shall be satisfied in the
same manner as a /udgement for money.
@dC Removal of improvements on property sub/ect
of e8ecution. 0hen the property sub/ect of the
e8ecution contains improvements constructed or
planted by the /udgement obligor or his agent, the
officer shall not destroy, demolish or remove said
improvements e8cept upon special order of the
court, issued upon motion of the /udgement oblige
after due hearing and after the former has failed to
remove the same within a reasonable time fi8ed by
the court.
@eC ,elivery of personal property. &n /udgements
for the delivery of personal property, the officer
shall take possession of the same and forthwith
deliver it to the party entitled thereto and satisfy
any /udgement for money as therein provided.
Special 1udgements
Rule 39, Sec. 11. "xecution of special (udgements.
0hen a /udgement re9uires the performance of
any act other than those mentioned in the two
preceding sections, a certified copy of the
/udgement shall be attached to the writ of e8ecution
and shall be served by the officer upon the party
against whom the same is rendered, or upon any
other person re9uired thereby, or by law, to obey
the same, and such party or person may be
punished for contempt if he disobeys such
/udgement.
.ffect of =udgements and -inal ,rders
Local
Rule 39, Sec. 47. "ffect of (udgements or final
orders. "he effect of a /udgement or final order
rendered by a court of the 6hilippines, having
/urisdiction to pronounce the /udgement or final
order, may be as follows.
@aC &n case of a /udgement or final order against a
specific thing, or in respect to the probate of a will,
or the administration of the estate of a deceased
person, or in respect to the personal, political, or
legal condition or status of a particular person or
his relationship to another, the /udgement or final
order is conclusive upon the title to the thing, the
will or administration, or the condition, status or
relationship of the person; however, the probate of
a will or granting of letters of administration shall
only be prima facie evidence of the death of the
testator or intestate.
@bC &n other cases, the /udgement or final order is,
with respect to the matter directly ad/udged or as to
any other matter that could have been raised in
relation thereto, conclusive between the parties and
their successors in interest by title subse9uent to
the commencement of the action or special
proceeding, litigating for the same thing and under
the same title and in the same capacity; and
@cC &n any other litigation between the same
parties or their successors in interest, that only is
deemed to have been ad/udged in a former
/udgement or final order which appears upon its
face to have been so ad/udged, or which was
actually and necessarily included therein or
necessary thereto.
Foreign
Rule 39, Sec. 48. "ffect of foreign (udgements or
final orders. "he effect of a /udgement or final
order of a tribunal of a foreign country, having
/urisdiction to render the /udgement or final order
is as follows.
@aC &n case of a /udgement or final order upon a
specific thing, the /udgement or final order is
conclusive upon the title of the thing; and
@bC &n case of a /udgement or final order against a
person, the /udgement or final order is presumptive
evidence of a right as between the parties and their
successors in interest by a subse9uent title.
&n either case, the /udgement or final order may be
repelled by evidence of a want of /urisdiction, want
of notice to the party, collusion, fraud, or clear
mistake of law or fact.
!"#) ! +(,D3#" -, *&-$ !R,#R).
107
Rule 1A L 1. Rendition of /udgment and final
orders. - /udgment or final order determining the
merits of the case shall be.
@1C in writing
@2C personally and directly prepared by the /udge
@1C stating clearly and distinctly the facts and the
law on which it is based.
@2C )igned by him
@:C -nd filed with the Clerk of Court.
Rule 1A L 1. +udgment for or against one or more
of several parties.
+udgment is rendered in favor of party -;
based on particular /udgment is rendered only
against
*inal order < Court has nothing else to do.
!rder granting a 3", < a *inal !rder
!nly final orders and /udgment are sub/ects of
appeal. &nterlocutory orders are not sub/ect of
appeal.
Rendition of /udgment < upon the clerk receiving
the copy
;ook of entry of /udgment < date of the lapse of the
fifteen @1:C days; not on the date of entry.
;ook of satisfaction of /udgment
#ntry of /udgment < important for counting of
petition for entry of /udgment, among others.
*irst )ense < terminates action
)econd )ense of finality < final and e8ecutory.
*inal /udgment under new rules < that which can
already be e8ecuted
unc pro tunc < Rthen as nowR
*inal I e8ecutory < even if ground is substantial
can no longer be modified, e8cept.
1. Clerical errors
2. unc pro tunc
1. -nnulment of /udgment based on e8trinsic fraud
@+ep 3anagement Co.C
2. 5oid /udgment @6aluwagan and 5da de 3acoyC
a void /udgment never prescribes.
,ifference between 3otion for Re<open and 3"
@taken within the period for taking appealC.
"o re<open trial < make use of ordinary prudence,
rules on motions
3" < e8trinsic fraud < basis of the cause of action,
performance of a contract
Content of the action itself.
#8trinsic *raud < one of the parties prevented the
other by fraudulent acts to be given his day in
court.
-mendment of /udgment
;efore it becomes final and e8ecutory
Eternal Gardens Memorial v. IAC
165 SCRA 439
Facts: - $and ,evelopment -greement was
e8ecuted between #ternal I 3ission. 3ission
owned the property I #ternal was to develop it
into a memorial park. "hereafter, a ,eed of
-bsolute )ale wK mortgage was e8ecuted. ;("
3aysilo claimed ownership over the land. "hus,
#ternal filed wK the C*& a complaint for
interpleader vs. 3ission I 3aysilo #state. &t
alleged that, in view of the conflicting claims I to
protect its interests, defendants should be re9uired
to interplead I litigate between themselves.
3ission filed a 3otion for placing on /udicial
deposit the amounts due I unpaid fr. #ternal.
3otion was ,#&#,. "he contract was declared
ineffective on the ground that the sub/ect matter of
the sale was not e8isting.
3ission then filed a 3otion to ,ismiss the
&nterpleader. "C ordered #ternal to comply wK the
contract #EC#6" wK regard to the interpleader of
3aysilo #state. 3aysilo filed 3otion for Recon
wKc was DR-"#, by the "C. 4earings on the
merits were ordered ;(" 3ission filed for 0rit of
#8ecution. "his was ,#&#,. !n appeal, C-
dismissed I this was affirmed by the )C. "he
order became final I e8ecutory.
&n 1HF1, heirs of )ingson spouses filed an action
for 9uieting of title where #ternal I 3ission were
defendants. "his case is still pending.
&n the present case, 3ission filed a petition for
certiorari wK the C- for the setting aside of R"C
orders regarding the setting of the hearing on the
merits. C- dismissed ;(" later on reversed.
#ternal filed a 3otion for Recon wKc was again
,#&#,.
Held. Courts have the power to amend their
/udgments, to make them conformable to the
applicable /urisprudence 6R!5&,#, said
/udgments -R# !" 7#" *&-$. &n the C-;,
#ternal admitted it still has to pay whoever will be
declared as owner. "herefore, there was no
plausible reason for petitioner?s ob/ections to the
deposit order after having asked the ct. by
complaint for interpleader whose deposit is not
only re9uired but is a contractual obligation.
*inally, there is no res /udicata here bec. there
was no /udgment on the merits. -lso, there was no
identity of issues. !ne case involved the propriety
of motion for recon wKo a hearing I the denial of
the motion for e8ecution. "he other case involved
the propriety of a C- order that #ternal shall
deposit what was re9uired of it pending the trial on
the merits.
-fter it becomes final and e8ecutory
David v. CA< 214 SCRA 644
Facts. )(6R-
Held. "he filing of the petition for relief fr.
/udgment wK the "C was an une9uivocal admission
on -fable?s part that his period to appeal fr. the
decision had already e8pired. 0hen a final
/udgment has become e8ecutory, it thereby
becomes immutable I unalterable. "he /udgment
3-7 ! $!D#R ;# 3!,&*&#, in any
respect even if the modification is meant to correct
what is perceived to be an erroneous conclusion of
fact or law, I regardless of whether the
108
modification is attempted to be made by the ct.
rendering it or by the highest ct. of the land.
"he only recogni%ed #EC#6"&!) are.
1. Correction of clerical errors
2. 1udgment Nunc Pro Tunc
1. 0here the /udgment is 5!&,
"hese are entries wKc cause ! &+(R7 to any
party.
+udgments nunc pro tunc
Cardoza v. Singson, 181 SCRA 45
-nnulment of /udgment
Top Management Programs v. CA
222 SCRA 763
Facts: Dregorio promised to give a large tract of
land to "rinidad I *a/ardo if a case bet. Dreggy I
5elas9ue% regarding the lot will be successful.
"rini I *a/ards then filed an action to #*!RC#
the agreement I the "C ruled in their favor. "rini
I *a/ards then filed a motion for the issuance of a
writ of e8ecution wKc was granted by the "C. "he
Register of ,eeds, however, informed the ct. that
the deed of conveyance cannot be issued in favor of
"rini I *a/ards bec. the land had already been sold
to other persons. 4owever, the "C directed the
Register of ,eeds to issue separate titles in favor of
the two. "op 3anagement then filed this petition to
annul the orders of the "C on the ground of
e8trinsic fraud. &t claimed the it has title to the
same parcel of land wKc was being levied upon
since it bought the same fr. the heirs of Dreggy.
"he C- dismissed the petition for annulment.
HELD. #8trinsic fraud is one the effect of wKc
6R#5#") a party fr. having a trial or real contest
or fr. presenting all of his case to the ct. or where it
operates upon matters pertaining !" "! "4#
+(,D3#" &")#$* but of the 3-#R in wKc
it was procured so that there is not a fair
submission of the controversy.
&n other words, #E"R&)&C *R-(, refers to
any fraudulent act of the prevailing party in the
litigation wKc is committed !(")&,# !* "4#
"R&-$ of the case, whereby the defeated party has
been 6R#5#"#, fr. e8hibiting *($$7 his side
of the case, by fraud, deception or deception
practiced upon him by his opponent.
"he relief is granted on the theory that by reason
of the e8trinsic fraud preventing a party fr. fully
trying his case, there has never been a real contest
before the ct. on the sub/ect matter of the action.
"he allegations that the /udge had no
/urisdiction to order the sheriff to levy on e8ecution
since the /udge had full knowledge that "op
3anagement I not Dreggy who owned the land,
that the writ vs. the prop. was not /ustified bec. "op
3anagement was not a party to the case<<"hese
,! !" C!)"&"("# *R-(,.
"op 3anagement has not pointed to any act wKc
prevented it form fully ventilating its case. &f ever
there was any failure in the presentation of its case,
it was caused by its own inaction.
Paluwagan ng Bayan v. King, 172 SCRA 60
Vda. De Macoy v. CA, 206 SCRA 244
Motion for New Trial/Reconsideration
Drounds and nature, Rule 1G, )ec. 1
3otion for new trial, Rule 1G, )ec. 1, par
1
,istinguished from 3otion to reopen trial
Agulto v. CA, 181 SCRA 30
Facts. -gulto was convicted of bigamy. 4e filed a
motion to reopen trial due to newly discovered
evidence -*"#R "4# 6-R"&#) 4-, R#)"#,
;(" ;#*!R# +(,D3#". 4is new evidence
was a photocopy of a marriage certificate of his
second wife to another man. @4is theory was that if
his second wife had been previously married, he
could not have validly married her, therefore, no
bigamyC.
Held. "he 3" may be filed -*"#R /udgment
but wKin the period of perfecting an appeal for the
grounds stated in )1,R1G I )2R121.
- 3otion to Reopen "rial may be
presented only after either or both parties have
formally offered I closed their evidence but
;#*!R# /udgment. "he reopening of a trial for
the reception of new evidence is not a grant of a
new trial. "here is no specific provision in the
rules wKc governs. &t is only a recogni%ed
procedural recourse deriving validity fr. long
established rules. "he governing rule is paramount
interests of /ustice resting entirely on the sound
/udicial discretion of the trial ct.. "herefore, the
grantKdenial is not sub/ect to certiorari under grave
abuse of discretion.
!n the merits, the )C decided that the new
evidence had defects I it failed to show that the
2nd wifeQs marriage was still e8isting when she
married -gulto.
Drounds
Velasco v. Ortiz, 184 SCRA 303
Facts: "he ward of the spouses 5elasco was able
to wKdraw money of the dead husband of 6 5elasco
@the latter was diagnosed as disabledC. "he ward
argued that she was instructed by the decedent to
wKdraw money. "he "C ruled in favor of 5elasco.
Copy of the decision was given to the 1st counsel
of the ward. "he #0 counsel filed an 3"
based on newly discovered evidence @a certification
fr. a doctor that the decedent can still properly
communicateC
Held: *or 5elasco. "here is no dispute that at
the time the 3" was filed, the reglementary
period to appeal had lapsed, I the decision had
become final I e8ecutory. - /udgment wKc has
become final I e8ecutory can no longer be altered
I modified, mush less set aside by the ct. wKc
rendered it since such ct. has already lost
/urisdiction over the case. "hereafter, the power I
prerogative to order suspension of the rules of
procedure is reposed, not in the ct. wKc had
rendered such decision but rather in an appellate ct.
I ultimately in the )C, I then only upon a
showing that otherwise the imperious demands of
substantial /ustice will be thwarted.
0here the reglementary period to appeal
had e8pired, the remedy is an 3". &f it has
become final I e8ecutory, one can file a petition
for relief under R 1F or a petition for annulment of
/udgment.
109
-n 3" upon the ground of newly
discovered evidence is properly granted where
there is concurrence of the following re9uisites.
1. the evidence had been discovered after
trial;
2. the evidence could not have been
discovered I produced during trial even wK
e8ercise of reasonable diligence
1. the evidence is material I not merely
corroborative, cumulative or impeaching.
0hat is essential is not so much the time
when the evidence offered first sprang into
e8istence not the time when it first came to the
knowledge of the party now submitting it; what is
essential is, rather, that the offering party had
e8ercised reasonable diligence in seeking to locate
such evidence before or during trial but had not
nonetheless failed to secure @ it must have been
searched for but not found during trial. C
&n the C-;, the new evidence was already
presented as evidence in a criminal case vs. the
ward for falsification. "herefore, she had already
come across that evidence before.
3oreover, it is in the nature of an
impeaching evidence for it seeks merely to weaken
or controvert previous evidence; it is not material
or corroborative.
Tumang v. CA 172 SCRA 332
Facts: "umang filed for an annulment of a deed of
sale bec. there was no consideration. "he trial ct.
rule for her. "he defendant filed an 3*R I an
3" based on the ground that the decision was
based on insufficiency of evidence I that it was
contrary to law. -s evidence, , presented receipts
proving consideration. "umang assails the decision
of the C- wKc granted the motion of , by saying
that it was *!RD!""# #5&,#C# @it had
e8isted at trial I wKc could have been discovered
by , if due diligence was e8ercised.
Held: #0$7 ,&)C!5#R#, #5&,#C#.
need not be newly created evidence. 3ay I does
commonly refer to evidence already in e8istence
prior or during the trial but wKc could not have been
secured I presented during the trial despite
reasonable diligence.
*!RD!""# #5&,#C#. evidence already in
e8istence or available before or during the trial, wKc
was known to I obtainable by the party offering it
wKc could have been presented seasonably were it
not for the oversight or forgetfulness of such party
or his counsel.
&n the case at bar, the receipts were found
during a gen. cleaning, wKc goes to show that the it
could hardly have been located wK the e8ercise of
reasonableKaverage diligence.
"he receipts are 3-"#R&-$ bec. they
are of such import that a reasonably prudent man
would have searched for them. "here would be a
great benefit to , if he presents it in trial, therefore,
there is no reason why did not try to locate it.
3otion for reconsideration, Rule 1G, )ec.
1, par. 2
6eriods. Rule 1G, )ec. 1
*or filing
#ffect of 3otion for #8tension of
"ime to *ile
)ee also Rule 21, )ec. 1,
par. 2; Rule 2B, )ec. 2, par. 2
Habaluyas v. 1apson, 142 SCRA 208
"his a resolution on a 3otion for Reconsideration
on the )CQs 2nd division decision.
Held: &n ) 1H of ;6 12H, the period of appeal in
the R"C was reduced fr. 1B to 1: days for appeals
fr. final orders, resolution, awards, /udgment or
decision. ;ut only 2F hours for habeas corpus
cases.
!nly notice of appeal is re9uired. Record
is not re9uired e8cept in @aC appeals in spl. proc.;
@2C where multiple appeals are allowed. &n these
cases, the period is 1B days. -ccording to the
&nterim Rules, no appeal bond in necessary for
appeal. &ts ) 2 disallows a second 3*R of a final
order or /udgment.
"he purpose of such is to avoid procedural
delays. ;ut the Rules does not e8pressly prohibit a
motion for e8tension of time to file a 3*R of a
final order or /udgment.
"he interest of /ustice would be better
served if the ruling in the original decision
@denying e8tensionC were applied prospectively fr.
the time herein stated. &t would be unfair to
deprive parties of their right to appeal simply bec.
they availed themselves of a procedure wKc was not
e8pressly prohibited or allowed by the law or
Rules.
!n the other hand, an 3" or 3*R is not
a prere9uisite to an appeal, a petition for review or
a petition for review on certiorari, I since the
purpose is to e8pedite the final disposition of cases,
a strict but prospective application of said ruling is
in order
*rom +une 1B, 1HFA, the rule shall be
strictly enforced that no motion for e8tension of
time to file an 3" or 3*R, may be filed wK the
3e"C, 3"C, R"C, I &-C. )uch a motion may be
filed only in cases pending wK the )C as the ct. of
last resort, wKc may in its sound discretion either
grant or deny the e8tension re9uested.
&n appeals in spl. proc. under R 1BH I in
other cases wherein multiple appeals are allowed, a
motion for e8tension of time to file the record on
appeal may be filed wKin the reglementary period
of 1B days. &f the ct. denies the motion for
e8tension, the appeal must be taken wKin the
original period since such a motion does not
suspend the period for appeal.
"he "C may grant said motion after the
e8piration of the period for appeal provided it was
filed wKin the original period.
ot re9uired for appeal
Director of Lands v. Aquino, 192 SCRA 296
Facts. -bra &ndustrial applied for registration of a
piece of land wKc was granted. "he ,irector
opposed saying that the land was mineral I
unalienable. 0ithin one year fr. the issuance of the
registration decree, ,irector filed a petition for
review the decrees of registration.
Held: -n 3" or 3*R is not a pre<re9uisite to an
appeal for review or petition for review on
certiorari. "he reglementary period for filing a
petition for review on certiorari in the instant case
was 1B days fr. notice of order or /udgment sub/ect
of review wKc period, parenthetically, is now 1:
days pursuant to ) 1H of ;612H. "he ,irector
110
having been granted a total of AB days wKin wKc to
file the petition, the same was timely filed.
)econd 3otion for ew "rial,
Rule 1G, )ec. :, par. 1
)econd 3otion for
Reconsideration, Rule 1G, )ec. :, par. 2
*or Resolution, Rule 1G, )ec. 2
Contents of 3otion for ew "rial, Rule 1G, )ec. 2
&n general, Rule 1G, )ec. 2; see also Rule
1:
3otion for ew "rial, Rule 1G, )ec. 2,
par. 2
3otion for Reconsideration, Rule 1G, )ec.
2, par. 1
6ro forma motion and its effects, Rule 1G,
)ec. 2, par. 2
Pojas v. Gozo-Dadole, 192 SCRA 575
Facts: "he plaintiff filed a complaint for recovery
of possession. "he "C ruled for the plaintiff I
ordered the defendant to vacate. "he defendant
filed an 3*R ;(" &" *-&$#, "! 3#"&!
"4# ,-7 "4# 3!"&! &) "! ;# R#)!$5#,
@no notice of hearingC. $ater, the defendant filed a
notice of appeal.
Held. otice of appeal denied. "he 3*R was a
mere scrap of paper I therefore, pro forma. &t did
not contain the day when the motion is to be heard,
violating ): R1:. -s such it does not suspend the
running of the period of appeal. "he notice of
appeal filed out of time.
-ction upon 3otion for ew "rial
!ptions in general, Rule 1G, )ec. 1
Dranting, Rule 1G, )ec. A
#ffect in general, Rule 1G, )ec. :
Fernan v. CA, 142 SCRA 208
Facts. *ernan was suspected of having stolen a
wallet. "he "C ruled against the plaintiff store I
awarded damages to *ernan. "he C- affirmed the
"C but upon the 3*R of the plaintiff, the "C was
reversed.
Held. "he appeal of the store raises no 9uestion of
law but of fact Review of facts is not a function of
the C-. -n e8ception to this rule is when
manifestly correct findings has been unwarrantedly
re/ected or reversed. &n the C-;, the C- reversed
the "C. "hese instances of conflict of findings
between the C- I "C is a basis of recourse to the
)C.
"here must be a showing on the face of
the record of gross or e8traordinary misperception
or manifest bias.
&n the C-;, there was no substantial
reason given by *ernan refuting the assessment of
the C- wKc ruled that her testimony had
contradictions I inconsistencies.
6artial ew "rials, Rule 1G, )ec. A, G
,enying
Remedies, Rule 1G, )ec. H; Rule
21, )ec. 1 @aC
!"#) ! 3!"&! *!R #0 "R&-$ I
3!"&! *!R R#C!)&,#R-"&!.
+udgment is vacated.
!n appeal < accept evidence as it is; attach the
evidence as it is.
ew trial is not de novo, only those affected
,enial of 3" < appeal the /udgment within the
remaining time to file an appeal even if less than
five @:C days.
3"< not supported by evidence, not supported by
law, damages are e8cessive.
"here can be a second 3" only when ]]]]]]]]
!rder granting 3" < first /udgment is vacated for
purposes of entering new evidence.
0hen /udgment may be vacated in part < in case of
separate and several /udgments.
3otion to Re<open < governed by rules on 3otions.
!ptions after /udgment. but not yet final I
e8ecutory.
1. -ppeal
2. 3otion for new trial *-3#Kgood I
substantial grounds for saying so
,iscovery after + is ren
ewly discovered evidence ot discovered
with reasonable evidence
ot merely colorative
1. 3otion for reconsideration
@aC evidence
@bC law
@cC award of damages is e8cessive
-fter final I e8ecutory.
1. unc pro tunc
2. 6etition for relief from /udgment
1. -nnulment of /udgment
2. Remedies during e8ecution
*inal /udgment < 1Ath day after notice
o prescriptive period in actions to nullify
#stoppel < by act
$aches < by negligence
6etition for relief from /udgment< e9uitable
remedy; only very highly discretionary on the part
of the court.
-ction to annul < separate action. Res /udicata may
be raised.
-ny kind of order for 6etition for relief, if granted,
not appealable.
&f not granted, not
appealable < only special civil actions
111
Relief from 1udgments, Orders or other
Proceedings
Drounds and nature, Rule 1F, )ecs. 1, 2
Drounds
Garcia v. CA, 202 SCRA 228
Facts. #duardo Darcia was able to secure a
/udgment fr. the trial ct. issuing to him the
Certificate of "itle to a land actually owned by the
spouses Darcia. 4e did this by misinforming the
ct. of the spouses? address so that the notices wont
reach them thereby depriving them of the
opportunity to participate in the trial. Darcia
further made further recovery of the land difficult
by conveying the land to another. The couple filed
a petition for relief =-/R? fr. said (udgment but
failed to categorically allege extrinsic fraud in
their affidavit of merit. "he 6*R was dismissed by
C- saying that e8trinsic fraud should be e8pressly
alleged in the affidavit of merit for the petition to
lie. "he )C said that since in case at bar, the
spouses were able to allege facts leading to
e8trinsic fraud, e8press allegation of such is not
necessary.
Held: 0here fraud is the ground, the fraud must
be e8trinsic or collateral I the facts upon wKc the
e8trinsic fraud is based must have not been
controverted or resolved in the case where the
/udgment sought to be annulled was rendered. *or
this purpose, fraud is regarded as e8trinsic or
collateral where it has prevented a party fr. having
a trial or fr. presenting all of his case to the ct..
&ntrinsic fraud takes the form of acts of the party in
a litigation during the trial, such as the use of
forged instruments of per/ured testimony wKc did
not affect the presentation of the case but did
prevent a fair I /ust determination of the case.
Conde v. IAC, 144 SCRA 144
Facts: 6etitioners alleged fraud. Dutierre% was
able to make it appear that he was the son of
#steban I *ermina Dutierre% I as a necessary
conse9uence of such filiation, was the absolute
owner by succession of the prop. in '.
Held: 6etition should be dismissed for lack of
merit bec. the fraud allegedly perpetuated by D is
only intrinsic in nature I not e8trinsic. *raud is
regarded as e8trinsic or collateral where it has
prevented a party fr. having a trial or fr. presenting
all of his case to the ct.. &n the case at bar, the
fraud was in the nature of documents allegedly
manufactured by D to make it appear he was the
rightful heir of the disputed property. 4ence the
fraud is intrinsic in nature.
Meralco v. CA, 187 SCRA 200
Facts: 3eralco, after failing to appear at a pre<trial
conference, was declared in default. "hereafter,
3eralco made the following steps. 1C *iled a 3*R
to $ift !rder of ,efault I to 5acate +udgment by
,efault < bec. of counsel?s influen%a. ,enied. 2C
6etition for Relief fr. +udgment . ,ismissed. 1C
6etition for Certiorari. 6ropriety of this last action
is the issue in this case.
Held: Certiorari is not proper. )uch remedy had
already been lost bec. of 3eralco?s neglect or error
in the choice of remedies. Certiorari shall not lie to
shield 3eralco fr. the adverse conse9uences of
such neglect or error. Relief under Rule 1F is of
e9uitable character I is allowed only in
e8ceptional cases where there is no other available
or ade9uate remedy. 3eralco could have
proceeded by appeal to vacate or modify the
default /udgment. Relief will not be granted when
the loss of remedy at law was due to his own
negligence or a mistaken mode of procedure,
otherwise the petition for relief will be tantamount
to the right of appeal already. *urther, when other
lawyers could have appeared I moved for
postponement, sickness of counsel is not e8cusable.
Re9uires final /udgment or loss of appeal
Villa Rey Transit v. Far East Motor Co., 81
SCRA 298
Facts: 5illa Rey failed to answer wKin the
reglementary period even after denial of its motion
to e8tend time to answer. 4ence, I order of default
was rendered. "hereafter it filed a 3"' )ervice of
)ummons, 3otion to $ift !rder of ,efault I "o
)et -side +udgment. "his was denied. "he 1B<day
appeal period e8pired wKo any appeal. 5illa Rey
contends the motion it filed should be considered
as 6etition for Relief.
Held: "his is untenable. - petition for relief
presupposes a final I unappealable /udgment. &n
this case, /udgment has not yet become final I
unappealable at the time of the filing of the motion.
David v CA, 214 SCRA 644
Facts: -n R"C decision was affirmed by C- wK
slight modification to reflect the date for the
computation of the interest to be awarded. "his
was done after denying the petitioner?s relief fr.
/udgment.
Held: C-. &n sustaining the R"C decision to deny
the petition for relief fr. /udgment the respondent
Court cannot at the same time modify the decision
sought to be overturned by such a petition. "he
filing of the petition for relief fr. /udgment wK the
trial ct. was an une9uivocal admission on the
private respondent?s that his period to appeal fr. the
decision had already e8pired. - petition for relief
fr. /udgment under Rule 1F presupposes a final
/udgment or loss of the right to appeal. "he
affirmance of the C- of the denial of the petition is
a confirmation of the e8istence of a final I
e8ecutory /udgment. C- can neither amend nor
modify it. 0hen a final /udgment becomes
e8ecutory it becomes immutable I unalterable,
even if modification is meant to correct an
erroneous conclusion of fact or law. !nly
corrections of clerical errors or the making of so<
called (C 6R! "(C entries I other
/udgment wKc cause no pre/udice to any party are
the e8ceptions to this rule, otherwise any other
modifications of a final I e8ecutory /udgment is
5!&,.
"ime for *iling, Rule 1F, )ec. 1
)trictly followed
First Integrated Bonding v. Hernando, 199
SCRA 796
Facts: *&; was impleaded as the insurance agency
of defendant who figured in an accident killing one
person. *&; failed to answer so it was declared in
default. *&; took no positive step to vacate the
order of default. &nstead it chose to file a petition
112
for relief fr. /udgment almost five months fr. its
receipt of copy of the amended decision.
Held: "he petition for relief fr. /udgment was
filed out of time. "he rules re9uire that such
petition should be filed wKin AB days after receipt of
/udgment I not more than si8 months after entry of
/udgment. 6eriod re9uired by R 1F is non<
e8tendible I never interrupted. &t is not sub/ect to
any cond. or contingency, bec. it is itself devised to
meet a condition or contingency. "he remedy
under the Rule 1F was an act of grace, designed to
give the party one last chance. ;eing in the
position of one who begs, such party?s privilege is
not to impose conditions, haggle, or dilly<dally, but
to grab what is offered him.
Contents
-ffidavit of 3erit, Rule 1F, )ec. 1
Garcia v. CA, 202 SCRA 228
Facts: #duardo Darcia was able to secure a
/udgment fr. the trial ct. issuing to him the
Certificate of "itle to a land actually owned by the
spouses Darcia. 4e did this by misinforming the
ct. of the spouses? address so that the notices wont
reach them thereby depriving them of the
opportunity to participate in the trial. Darcia
further made further recovery of the land difficult
by conveying the land to another. "he couple filed
a petition for relief fr. said /udgment but failed to
categorically allege e8trinsic fraud in their affidavit
of merit. "he 6*R was dismissed by C- saying
that e8trinsic fraud should be e8pressly alleged in
the affidavit of merit for the petition to lie. "he )C
said that since in case at bar, the spouses were able
to allege facts leading to e8trinsic fraud, e8press
allegation of such is not necessary.
Held: C- denied 6*R for want of e8press
allegation of e8trinsic fraud. )C reversed saying
that since Rule 1F )ec 1 @*-3# as ground in
affidavit of merit for 6*RC I that in case at bar,
petitioners were able to show e8trinsic fraud,
affidavit is not necessary. 4#$,. "he affidavit of
merit serves as a /urisdictional basis for a ct. to
entertain a petition for relief. ;ut it admits of
exceptions, i.e. 0here the attachment of the
affidavit of merit in the petition for relief is
unnecessary. "he affidavit of merit is essential
bec. a new trial would be a waste of court?s time if
the complaint turned out to be groundless. "hus,
where there was no /urisdiction over the defendant
on the sub/ect matter of the action, where a
/udgment was taken by default before defendant?s
time to answer had e8pired, where it was
entertained by mistake, or was obtained by fraud I
other similar cases, as when the applicant had no
notice of the trial, we ruled that an affidavit is not
necessary.
0hen motion for reconsideration
considered as petition for relief
Dulos v. CA, supra
Facts: ocom spouses filed forcible entry case v
,ulos spouses in the 3"C $as 6i[as. 6re<trial was
set but the ocoms still filed another case for
annulment I a writ of preliminary in/unction in
3akati. ,ulos? motion for suspension on forcible
entry case was dismissed there being no pre/udicial
9uestion. 6re<trial saw that the ,ulos spouses were
in default despite the presence of a purported
representative @RectraC who held a special power of
attorney e8ecuted by said spouses. +udgment on
forcible entry case for the ocoms. "he ,ulos?
filed a motion for reconsideration of said /udgment
wKc was denied I the aggrieved spouses went to
the )upreme Court via special civil action for
certiorari, wKc the )upreme Court dismissed.
ocoms filed for a writ of demolition wKc was
countered by petitioner spouses by filing for a
petition for certiorari, prohibition I preliminary
in/unction, wKc was granted by the C-. 4ence, this
appeal.
Held: - motion for reconsideration of a /udgment
of default may be considered a petition for relief fr.
/udgment under R1F )2 only if it is aCverified, bC
filed wKin AB days fr. time petitioner learns of the
decision but not more than A months fr. entry of
/udgment I cC if in case of failure to file an answer
the motion must be accompanied by an affidavit of
merit. &t may be considered as a motion for new
trial under R2G )2 only if it is accompanied by an
affidavit of merit.
-ction of Court before -nswer
6ower to ,eny, Rule 1G, )ec. 2
Remedies after denial, see Rule
21, )ec. 1@bC
Service Specialists v. Sheriff of Manila, 145
SCRA 139
Facts: )ervice )pecialists I counsel failed to
appear at a pre<trial I was declared in default.
)ervice filed a petition for relief fr. /udgment. "he
lower ct. dismissed the petition for relief for lack of
/urisdiction to hear I determine the same. )ervice
filed a notice of appeal to the &-C.
Held: )ervice filed its petition for relief also wK
the R"C 3anila but not in the same case but in
another case. "his is erroneous. - /udgment or
order denying relief under Rule 1F is final I not
appealable, unlike an order granting such relief wKc
is interlocutory. 4owever, in such an appeal, the
appellate ct. is only to determine the e8istence of
any of the grounds relied upon @fraud, accident,
mistake or e8cusable negligenceC I the merit of the
petitioner?s cause of action or defense, as the case
may be. 3oreover, )ervice merely filed a notice of
appeal to the &-C fr. the order of the lower ct. wKc
dismissed his petition for relief. "he appeal should
have been made to this Court through a petition for
review on certiorari.
6relimnary &n/unction pending
proceedings, Rule 1F, )ec. :
!rder to file an answer, Rule 1F, )ec. 2
6rocedure
!rder to file an answer, Rule 1F, )ec. 2
-vailability of preliminary in/unction,
Rule 1F, )ec. :
6roceedings after answer is filed, Rule 1F,
)ec. A
0here denial of appeal is set aside, Rule
1F, )ec. G
-ction of court after giving due course
Dranting of petition for relief, Rule 1F,
)ec. G
Remedies
113
David v. CA, 214 SCRA 644
Facts: -n R"C decision was affirmed by C- wK
slight modification to reflect the date of computing
interest. "his was done after denying the
petitioner?s relief fr. /udgment.
Held: "he remedy under R21 wKc provides that a
/udgment denying relief under R1F is sub/ect to
appeal, I in the course thereof, a party may also
assail the /udgment on the merits, upon the ground
that it is not supported by the evidence or it is
contrary to law. "his provision, however, can?t be
construed as allowing the review of the decision on
the specific ground therein indicated, if the denial
of the petition for relief by the "C is sustained by
the -ppellate Court. &t may only be done if the
appellate ct. overturns such denial. "he C-, after
sustaining the trial court?s denial of the petition for
relief should have dismissed the appeal I to
declare the lower court?s decision as firm, final I
e8ecutory.
Cheesman v. IAC, 193 SCRA 93
Facts: "homas Cheesman attempted to annul the
sale by his *ilipino wife of a residential lot I
building to 6adilla. "he sale was declared void ab
initio. 4owever, /udgment was set aside as regards
6adilla on a petition for relief filed by her ground
on fraud, accident, mistake or e8cusable negligence
wKc had seriously impaired her right to present her
case ade9uately. "he petition for relief fr.
/udgment was given due course I a new /udge
presided over the case. 6adilla filed a motion for
summary /udgment wKc was granted. "he
/udgment declared sale as valid. Cheesman
9uestions the propriety of such /udgment.
Held: -n order of the C*& granting a petition for
relief under Rule 1F is interlocutory I is not
appealable. !nce the petition for relief is granted
I the /udgment sub/ect thereof set aside, I further
proceedings are thereafter had, the ct. in its
/udgment on the merits may properly grant the
relief sought in the petitioner?s basic pleadings,
although different fr. that stated in his petition for
relief. "herefore, since both C*& I &-C found that
the facts ade9uately proved fraud, mistake or
e8cusable negligence by wKc 6adilla?s rights have
been substantially impaired, the sale was declared
valid.
,enying petition for relief, Rule 21, )ec. 1 @bC
Service Specialists v. Sheriff of Manila, supra
Facts: 6etitioner filed an action for replevin I
damages against private respondents. - pre<trial
conference was set but private respondent I
counsel failed to appear wKc resulted in the
issuance of an order I /udgment of default against
respondents. 6rivate respondent then moved for
relief fr. /udgment I order of default. "his motion
was opposed by a motion to dismiss filed by
petitioner. "he $ower ct. dismissed the petition for
relief on the ground of lack of /urisdiction.
Respondent filed a notice of appeal but a writ of
e8ecution was nevertheless filed. "his case stems
fr. the deputy sheriff?s refusal to proceed wK the
auction of respondent?s properties.
Held: - /udgment or order denying relief under
Rule 1F is final I appealable, unlike an order
granting such relief wKc is interlocutory. 4owever,
in the appeal the ct. may not reverse or modify the
/udgment on the merits. "he /udgment fr. wKc
relief is sought is already final I e8ecutory. "his
remedy only enables the appellate ct. to determine
not only the e8istence of any of the grounds relied
upon whether it be fraud, accident, mistake or
e8cusable negligence, but also I primarily, the
merit of the petitioner?s cause of action or the
defense, as the case may be. &f the appellate ct.
finds that one of the grounds e8ist I that the
petitioner has a good cause of action or importance,
it will reverse the denial or dismissal, set aside the
/udgment in the main case I remand the case to the
lower ct. for a new trial in accordance wK )ec G
Rule 1F. *inally, a notice of appeal fr. the order of
the lower ct. wKc dismissed his petition for relief
fr. /udgment =for lack of /urisdiction to hear I
determine the same> should have been made to the
)C through a petition for review on certiorari I not
to the &-C.
Remedies after petition for relief e8pires
Ramirez v. CA, 187 SCRA 153
Facts: Ramire%, as a plaintiff in a suit over an
airstrip failed to do the following. furnish a copy
of the notice of hearing to other party; appear at the
pre<trial; file appeal instead of seeking relief; I
seasonably file a motion for reconsideration. -fter
the /udgment in @favor of Ramire%?s opponentC had
become final I e8ecutory. Ramire% filed a petition
for relief fr. /udgment even if the period for filing
the same had e8pired.
Held: "here is no means whereby the defeated
party may procure a final I e8ecutory /udgment to
be set aside wK a view to the removal of the
litigation beyond the period for seeking relief, fr. a
final order of /udgment under Rule 1F unless -C
/udgment is void for want of /urisdiction or for lack
of due process of law or ;C it has been fraud. @&n
other words, period for filing of 6*R is mandatory
but admits of e8ceptions lack of + I fraud.C
Reopening not allowed
Alvendia v. IAC, 181 SCRA 252
Facts. -lvendia defaulted on his obligation to pay
;onamy. -lvendia did not do anything fr. the filing
of the complaint against him up to the time that the
/udgment became final I e8ecutory. #8ecution has
been ordered I his property has been levied. 4e
moved for e8tension of time to file petition for
review.
Held: &t is a8iomatic that there is no /ustification in
law I in fact for the reopening of a case wKc has
long become final I wKc in fact has been e8ecuted.
"ime I again this ct. has said that the doctrine of
finality of /udgment is grounded on fundamental
considerations of public policy I sound practice
that at the risk of occasional error, the /udgments of
cts. must become final at some definite date fi8ed
by law -lvendia cannot invoke e9uity to reopen
case since they have been given opportunity but
failed.